5134-91
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ORDINANCE NO. 5134-91
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO CODE
ENFORCEMENT; AMENDING SECTION 1.08, CODE OF ORDINANCES, RELATING TO
ENFORCEMENT AND PENALTIES; PROVIDING THAT CERTAIN ORDINANCE
VIOLATIONS ARE CLASS I, CLASS II, CLASS III, CLASS IV OR CLASS V
VIOLATIONS, AND PRESCRIBING THE CIVIL PENALTIES THEREFOR; PROVIDING
FOR ENHANCED PENALTIES FOR REPEAT VIOLATORS; AMENDING SECTIONS
71.36, 93.04, 93.28, 94.02, 95.15, AND 137.034, CODE OF ORDINANCES,
TO REVISE THE PENALTY PROVISIONS FOR VIOLATIONS OF ORDINANCES
RELATING TO OCCUPATIONAL LICENSES AND BUSINESS REGULATION, FIRE
PREVENTION AND PROTECTION, THE FIRE PREVENTION CODE, FALSE FIRE
ALARMS, PUBLIC NUISANCES, AND THE LAND DEVELOPMENT CODE,
RESPECTIVELY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. Subsection (c) of Section 1.08, Code of Ordinances, as amended
by Ordinance 5056-90, is further amended to read:
Sec. 1.08. General penalty; enforcement of civil infractions; continuing
violations.
(a) Except in the case of a violation of Chapters 72, 75,76;-'77, 79, 80,
41- 82, 96, or 150, 161 and !K-, whenever in this Code or in any ordinance of the
city any act is prohibited or is made or declared to be unlawful or an offense,
or whenever the doing of any act is required or the
failure to do any act is declared to be unlawful, the violation of any such
provision of this Code or any ordinance shall be a civil infraction punished by
a fine not exceeding five hundred dollars ($500.00), where the violation or
offense is one relating to a violation of any of the provisions of Chanters 72,
82, 96, or 150, , then, such violation shall be
punished by a fine not to exceed five hundred dollars ($500.00), or imprisonment
for a term not exceeding sixty (60) days, or by both a fine and imprisonment, as
may be imposed by the county court. Each day any violation of any provision of
this Code or of any ordinance shall continue shall constitute a separate offense,
except that in any case where the violation consists of a discrete act or failure
to act, each violation shall constitute a separate offense.
(b
be enforced through the Municipal Code Enforcement
procedures contained in Chapter 22, Article V.
(c) Except for the ordinances set forth in Chapters 72, 75, 76, 'Q--77, 79,
80,8 1, 82, 96, or 150, 151 and 15;?r the ordinances contained in this code may
be enforced in accordance with the following procedures:
4. A person who receives a citation from a code enforcement officer for
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i:,e violation of a city ordinance and who elects not to contest the citation
shall be subject to a civil penalty in accordance with the following schedule:
Class Fine Court costs Total
I 135.00 20.00 155.00
II 110.00 20.00 130.00
III 60.00 20.00 80.00
IV 35.00 20.00 55.00
V 10.00 20.00 30.00
at Far a Glas5 I y4elat4en, by a fine ef ese hundred thirty five dellars
4135.99) plus Geurt GeSt5.
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eupt nest-s
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r For a Class TIT 91atien by a fine of th4pty dollars ($30.00) plus
Court Get-
.,T-The fore oin schedule of fines and costs is included herein to reflect the
current uniform schedule of fines and costs imposed b the count court of
Pinellas Count as of the date of-adoption of this ordinance. An amendment to
the uniform schedule of fines and costs by_the_count court ourt shall take effect as
ordered b the court and shall be applicable to violations of city ordinances
without the necessity to amend the schedule set forth in this section.
5. A violation of an ordinance contained in this Code and enforced
pursuant to this subsection (c) shall constitute a Class V violation, except that
a violation of the Land Development Code shall constitute a Class III violation,
unless otherwise indicated. Provided, however, that if the uniform schedule of
fines and costs of the count court of Pinellas Count Provides fora greater
Penalty, the greater penalty shall be imposed.
6. A second violation of the same ordinance by the same person within
twenty-four 24 months from the date of the first violation shall result in the
fine and costs bein set at the classification level one class above the
classification level of the cited violation. A third violation of the same
ordinance b the same person within twenty-four 24 months from the date of the
first violation shall result in the fine being set at the classification level
two classes above the classification level of the cited violation. A fourth
violation of the same ordina_nce_by_the same person within twenty-four-( 4 months
from the date of the first violation shall result in the fine being set at the
classification level three classes above the classification level of the cited
violation. A fifth violation of the same ordinance b the same person within
twenty-four 24 months from the date of the first violation shall result in the
fine being set at the classification level four classes above the classification
level of the cited violation. If at an time the Class I level is reached the
penalty for an subsequent violation of the same ordinance b the same person
within twenty-four 24) months from the date of the first violation shall be as
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7. §-- Any person who fails to pay the appropriate civil penalty within the
time allowed, or who fails to appear in county court to contest the citation,
shall be deemed to have waived his right to contest the citation, and judgment
may be entered against the person for an amount not to exceed five hundred
dollars ($500.00).
8. 4&,- The provisions of this subsection shall not apply to the enforcement
pursuant to sections 553.79 and 553.80, Florida Statutes, of building codes
adopted pursuant to section 553.73, Florida Statutes, as they apply to
construction, provided that a building permit is either not required or has been
issued by the city. For the purposes of this paragraph, "building codes" means
only those codes adopted pursuant to section 553.73, Florida Statutes.
9. 4-, The provisions of this subsection are an additional and supplemental
means of enforcing city codes or ordinances. Nothing contained in this
subsection shall prohibit the city from enforcing its codes or ordinances by any
other means.
Section 2. Section 71.36, Code of Ordinances, as created by Ordinance
5056-90, is amended to read:
Sec. 71.36. Penalty.
Any person who violates any of the terms of this chapter may be ordered to
pay a fine by the municipal code enforcement board in accordance with article V
of chapter 22, Code of Ordinances, or may be cited by a code enforcement officer
and be subject to the imposition of a civil penalty in accordance with section
1.08(c), Code of Ordinances. Any violation of this chapter which is subject to
a civil penalty as set forth in section 1.08(c) shall be a Class V 444- violation.
Section 3. Section 93.04, Code of Ordinances, is created to read:
Sec. 93.04. Penalt
Any person who shall violate any of the provisions of this
be deemed to have committed a violation punishable by the code e_nf
as provided in article V of chapter 22, Code of Ordinances or i
as a Class II violation as provided in section 1.08(c), Code of
Section 4. Subsection (a) of Section--?3.28, Code of Ordinances, is amended
to read:
Sec. 93.28. Penalty applicable to article.
(a) Any person who shall violate any of the provisions of this article
hereby adopted er 441 to eemply therewith, or who shall violate or 441 is
eemp y w-it# any order made thereunder, or who shall build in violation of any
detailed statement of specifications or plans submitted and approved thereunder,
or any certificate or permit issued thereunder, and from which no appeal has been
taken, or who shall fail to comply with such an order as affirmed or modified by
the fire chief, fire marshall, any board of adjustment and appeals having
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jurisdiction, or a court of competent jurisdiction, within the time fixed
therein, shall severally for each such violation ,
be guilty of a violation, punishable in the county court as a Class II violation
as provided in section 1.08 c 4-49, Gleaipwatep Code of Ordinances,_ or punishable
before the Gle teN Code Enforcement Board as provided in Article V of chapter
22. Code of Ordinances see-tieR 162 09, Perid Stat .. The imposition of one
penalty for any violation shall not excuse the violation or permit it to
continue; and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time.
Section 55. Subsection (1) of Section 94.02, Code of Ordinances, is amended
to read:
Sec. 94.02. False alarms prohibited; penalties.
Section 6. Section 95.15, Code of Ordinances, as created by Ordinance
5056-90, is amended to read:
Sec. 95.15. Alternative enforcement procedure; fine required.
As an alternative to the enforcement procedure set forth above, any
violator of this article may be cited by a code enforcement officer and be
subject to a civil penalty in accordance with section 1.08(c), Code of
Ordinances. Any violation of this article which is subject to a civil penalty
as set forth in section 1.08(c) shall be a Class III 44- violation.
Section 7. Subsection (c) of Section 137.034, Code of Ordinances, as
amended by Ordinance 5056-90, is further amended to read:
Sec. 137.034. Violations.
(c) Sanction. Any violator of this development code may be ordered to pay
a fine by the municipal code enforcement board in accordance with the provisions
of chapter 22, Code of Ordinances, or may be cited by a code enforcement officer
and be subject to a civil-penalty in accordance with the procedures contained in
section 1.08(c), Code of Ordinances. Any violation of this development code
which is subject to a civil penalty as set forth in section 1.08(c) shall be a
Class 111 44- violation, except as follows:
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(1) The placement of a sign or other structure or object that creates a
traffic or safety hazard shall be a Class II 4- violation; and
(2) CReserved.l
Section S. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING September 5, 1991
PASSED ON SECOND AND
FINAL READING AND ADOPTED September 19, 1991
Rita Garvey
Mayor-Commissioner
Attest:
Cynt is E. Gou eau
City lerk
Approved as to form and correctness:
M. A. Galbraith
City Attorney
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