6005-96ORDINANCE NO. 6005 -96
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 20.38(1), CODE OF ORDINANCES, TO
PROVIDE FOR NOTICE BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, OR BY PERSONAL SERVICE,
WITHIN FIVE DAYS AFTER REAL PROPERTY IS POSTED
FOR A VIOLATION OF THE LOT CLEARING ORDINANCE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 20.38, Code of Ordinances, is amended to read:
Sec. 20.38. Same -- Notice of violation.
(1) Posting. Upon completion of the field investigation by the code
enforcement officer and determination that a violation of this article exists, the
property shall be posted with a notice advising of the existence and nature of
the violation and requiring compliance within ten days after the date of posting
or the fling of a notice of appeal to the code enforcement board during such
ten -day period. A copy of the notice shall be sent mailed to the property owner
by certified mail, return receipt requested, or given to the property owner by
personal service, eR- sr- before within five days following the date of posting.
(2) Content. The notice shall require that the owner cause the violation
to be remedied within ten days or file a written notice of appeal with the city
clerk requesting a hearing before the code enforcement board and, in the
absence of compliance or the filing of a notice of appeal within the ten -day time
period, the city shall have the right to enter the property and have such work
done on behalf of the owner at cost to the owner, including the administrative
costs authorized by section 20.39, which shall become a lien against the
property until paid. If a written notice of appeal is timely filed with the city clerk,
the city clerk shall notify the owner by certified mail, return receipt requested, of
the date and time when the owner or his agent or representative shall appear
before the code enforcement board to show the board that the condition
described in the notice of violation did not exist at the time the notice was
issued, or to show good cause why the condition should not be remedied by the
city at the expense of the owner. The notice by the city clerk shall also state
that if the owner falls to appear before the code enforcement board at the
designated time, in percon or by representation, and has failed to take action to
remedy the condition before the date speed by the code enforcement officer
for compliance, then the owner shall be deemed to have authorized the city
ti�clfn�n�e i��. bt30�ytlt�
1
manager or a city employee designated by the city manager for such purpose to
enter the property and take such action as is necessary to remedy the
condition, without further notice to the owner, at cost to the owner, including the
administrative costs authorized by section 20.39, which shall become a lien
upon the property until paid.
(3) Delivery. For the purpose of giving notice to the owner, the name
and address of the owner according to the records of the property appraiser of
the county shall be used. Notice shall be given when personally served upon
the owner, or any owner if more than one, or when mailed by certified mail,
return receipt requested. The refusal of an owner to accept delivery of notice
shall not be deemed a failure to give notice.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING aril 4,1996
PASSED ON SECOND AND FINAL
READING AND ADOPTED April 18, 1996
Approved as to form and
legal sufficiency:
r
Leslie K. Dougall-Sid
Assistant City Attorney
v
Attest:
ot'lq�- 7
Cynt is E. Goudeau, Cite Clerk
firdiriaoce Rd. 6005-06
2