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O-56-145 ORDINANCE NO. 145 ~ AN ORDINANCE AMENDING SECTION 5 OF CHAPTER XXIV OF THE REVISED GENERAL ORDINANCES OF THE CITY OF CLER- MONT; PROVIDING FOR THE CONSTRUCTION AND REPAIRS OF SIDEWALKS IN THE CITY OF CLERMONT; PROVIDING FOR THE PAYMENT AND COLLECTION OF THE COST OF SIDEWALK CONSTRUCTION AND REPAIRS; PROVIDING OTHER MATTERS RELATING THERETO; PROVIDING FOR EFFECTIVE DATE OF THE ORDINANCE AND PROVIDING FOR PENALTIES FOR VIO- LATION HEREOF. BE IT ORDAINED AND ESTABLISHED BY THE CITY COUNCIL OF THE CITY OF CLERMONT: SECTION I: That Section 5 of Chapter XXIV of the Revised General Ordinances of the City of Clermont be amended in full to read as follows: Section 5. Whenever the Street Committee shall deem it necessary that a sidewalk be constructed in front of any property, or adjacent to any property; or whenever the Street Committee shall deem it necessary that any sidewalk be repaired, the Street Committee shall make recommendations to the City Council for the construction or repair of such side- walk or sidewalks, and the Council shall act upon such recomm- endation and order the construction or repairs or both, as recommended in the following manner: (a) SIDEWALK CONSTRUCTION: In the case of .. original or new sidewalk construction the City Clerk shall notify in writing the owner or agent of the owner of the property affected to have the sidewalk constructed, in accord- ance with the specifieations as set forth in the notice, within sixty (60) days from date of the notice. This notice shall be served by the Marshal (ehièf of Police or Policeman) af the City of Clermont, who shall serve same by delivering the original to the owner or his agent, and shall certify to such service on a copy thereof, returning same to the City Clerk. If the owner, or his agent, cannot be found, or does not reside in the City, the notice shall be served by mailing same to the owner by Registered Mail to the last known address of the owner. In the event the owner does not . have the sidewalk constructed or does not perform the construction within the time provided, the City shall perform the construction, and the cost of same shall be a lien against the property, superior to all other liens accruing thereafter, save and except as to County and/or City Taxes and Special Assessment Liens, and same may , . be enforced in the same manner as are liens for labor and materials furnished; if the Council shall so direct, the cost of such labor and materials, the total cost of such constructed sidewalk, may be paid in three (3) annual installments, with interest on all unpaid sums at the rate of not in excess of six (6) per centum per annum payable annually. All intersections of sidewalks and continuation to curb shall be fully paid by the City of Clermont. Any person who shall refuse, after having notice served as provided herein, shall, upon conviction, be punished by a ,fine of not less than $10.00 nor more than One Hundred Dollars ($100.00), or by imprisonment for not more than thirty (30) days, or by both such fine and imprison- ment. Each day such violation is allowed to exist shall be a separate offense punishable as provided for herein. " I , (b) SIDEWALK REPAIRS: When in the dis- cretion of the Street Committee, any sidewalk in the City of Clermont needs to be repaired this Committee shall make í ~ , their recommendations to the City Council who shall, in turn, act upon same, and all repairs to sidewalks shall be . fully paid for by the City of Clermont. The final deter- mination of the need for repairs to any sidewalk shall always and finally rest in the discretion of the City Council. ~ 2. ~ .~ . Provided, however, that such needed repairs are not the result of some act of the adjoining property owner, his agent or any other person, firm or corporation damaging said sidewalk. In such case, the repair costs shall be paid in full by the adjoining property owner, the same as if it was new construc- tion and the provisions of the foregoing paragraph (a) shall fully govern and be applicable. SECTION 11: This ordinance shall take effect immediately upon its passage and approval by the Mayor. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PASSED AND ADOPTED by the City Council of the City of Clermont at an Adjourned Regular Meeting held on Tuesday, January 20th, 1956. ~ ~ - ~. ~ m-;ê~~r' ArrEST' ~j,~ -- - ~;~y¿x_ 7 -- - -- - -- / RECEIVED AND APPROVED by me, - - - - - - - - - - this January 2Qth, 1956. /: /æß- ø· ( , Mayor, City of Clerm - - - ~ - - - - - - - - - - ----- - - - - - - - - - - - - 1, A. M. JOHNSON, as City Clerk of the City of Clermont HEREBY CERTIFIES that the foregoing Ordinance No. 145 was posted for the required time beginning on January 2ì,st'" DATED ~.£I-- /t I / f r t !lr/'1 c 1956. - - - - - - - - - - - - - - - - - - - - - - . - - - - ,. - .. - - . . " 3.