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AN ORDINANCE . PROHIßITJ:$ THE KEEPING, LEAVING, OR STORING ';:.oN" RESIDENTIAL
PROPERTY DISMANTLED, PARTIALLY DISMANTLED, NON-OPERATIVE, UNUSEABLE,
DISCARDED OR AB~~DONED MACHINERY, APPLIANCES, VEHICLES, BOATS, OR PARTS
THEREOF, SCRAP METAL, AND JUNK; PROVIDING FOR THE ENFORCEMENT THEREOF;
PROVIDING FOR A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in the City of Clermont, there are, and may be in the
future, certain residential lots on which the owners, or others, keep,
store, or allow to remain, dismantled, partially dismantled, non-operative,
unuseab1e, discarded or abandoned machinery, appliances, vehicles, boats,
or parts thereof, scrap metal, or other junk; and
WHEREAS, such conditions tend to invite plundering anq vandalism;
create fire hazards; create other safety and health hazards to children,
as well as adults; interfere with the comfort and well-being of the
public; create, extend, and aggravate urban blight; and tend to interfere
with the enjoyment and reduce the value of private property; and
WHEREAS, the adequate protection of the public health, safety,
and welfare requires that such conditions be regulated, abated, and/or
prohibited.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, FLORIDA:
Section1 :
1. Definitions: the following definitions shall apply in the
interpretation and enforcement of this Ordinance:
(a) "Person" shall mean any persons, firm, partnership,
association, corporation, company or organization of
any kind.
(b) "Residential Section" means any property now or hereafter
zoned under the zoning law of the City of Clermont as
R-1A, R-1, R-2, R-3, or any other zoned area where such
property within said zoned area is æed for residential
purposes.
2. No person shall keep, store, or allow to remain on any
property within any residential section of the City of Clermont, any
dismantled, partially dismantled, non-operative, or discarded machinery,
appliances, vehicles, boats, or parts thereof, scrap metal or junk.
3. No person in charge or control of any property in a residential
section of the City of Clermont, whether as owner, tenant, occupant,
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lessee, or otherwise, shall allow any dismantled, partially dismantled,
non-operative, or discarded machinery, appliances, vehicles, boats, or
parts thereof, scrap metal, or junk, to remain on such property longer
than seventy-two (72) hours after notice by the City of Clermont to
remove such junk is given to the owner; if the owner not be present,
then said notice may be given to any person occupying said property; and
if it be impractical to give the notice or occupant wrrtten notice,
then by posting such notice upon said property; and the certificate by the ',"'.
Clerk or City Manager of the City of Clermont of such notice shall be
prima facie evidence that said notice was given in the manner certified
to by the Clerk or City Manager; and no person shall leave any such
items on any residential property within the City for a longer time than
seventy-two (72) hours.
4. This Ordinance shall not apply with regard to such machinery,
appliances, vehicles, boats, or parts thereof, scrap metal, and junk,
in a completely ënclosedbuilding, or on the premises of a business enter-
prise operated in a lawful place and manner, when necessary to the
operation of such business enterprise, or in an appropriate storage place
or depository maintained in a lawful place and manner by the City of
Clermont.
5. The provisions of this Ordinance shall be enforced by the
Building Inspector and by the Chief of Police, or any member of their
respective departments designated by one of them. The Building Inspector
and/or the Chief of Police is authorized to remove or have removed any
such machinery, applia~ce, vehicles, boats, or parts thereof, scrap metal,
and junk when such items reasonably appear to be in violation of this
Section after notice as provided in Paragraph 3 hereof. Such items shall
be impounded until lawfully claimed or disposed of in accordance with
law.
6. It shall be unlawful and an offenæfor any person to violate
the provisions of this Section, and any violation hereof shall be punished
as hereinafter provided. upon conviction of a violation of this Ordinance
as provided in Section 1, Paragraph 5, whoever shall be convicted shall
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be punished by a fine not exceeding $100.00, or by imprisonment not
exceeding 10 days, or by both such fine and imprisonment.
7. This Ordinance shall be liberally construed to achieve the
purpose thereof.
Section 2:
If any article, section clause or provision of this Ordinance be
deemed or held invalid by any court of competent jurisdiction for any reason
or cause, the same shall not affect or invalidate the whole of this Ordinance,
, nor any part thereof, other than that particular provision deemed or held
invalid.
Section 3:
All Ordinances, or parts of Ordinances, in conflict here~th are
hereby repealedd.
Section 4:
This Ordinance shall be posted as provided by law and it shall become
law and shall take effect immediately µpon its being posted as provided by
law.
First reading this 23rd day of January, 1968.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAR~
COUNTY" FLORIDA, THIS 13th day of February, 1968.
ATTEST: O~ðA) t)· f1,J,
CJ.ty Clerk
CITY OF CLERMONT
BY:-ßc;1I!1~ß60!&T--
Prefident of Council
APPROVED by me this 13th day of February, 1968
~£ þ,~
Mayor
CERTIFICATE OF POSTING
I HEREBY CERTIFY that a certified copy of the foregoing Ordinance was posted
on the Public Municipal Bulletin Board for a period of not less than one (1)
week, as required under the Charter of the City of Clermont, beginning February
14, 1968.
Q~d b, tJA~~
City Clerk