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O-2014-34 CITY OF CLERMONT • ORDINANCE No. 2014-34 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 118 VEGETATION, SECTION 118-35 MAINTENANCE AND PRUNING; PROVIDING FOR CODIFICATION; SEVERABILITY; EFFECTIVE DATE; AND PUBLICATION. WHEREAS, pursuant to the provisions of Chapter 163, Florida Statutes, the City of Clermont Planning and Zoning Commission, acting as the Local Planning Agency of the City, has held a public hearing on October 7, 2014 and following such heanng found this Ordinance to be in the best interest of the City of Clermont, and recommended that the City Council adopt this Ordinance; and WHEREAS, the City Council of the City of Clermont desires to amend Chapter 118 Vegetation, Section 118-35 Maintenance and Pruning; of the City of Clermont's Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Clermont, Florida as follows: SECTION 1. The City Council of the City of Clermont has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 163 and 166, Florida Statutes. SECTION 2. The Land Development Code of the City of Clermont Code of Ordinances is hereby amended to read as follows: CHAPTER 118 VEGETATION Section 118-35 Maintenance and Pruning Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debns. All required landscaping shall be maintained in perpetuity. For purposes of this Section "required landscaping"shall mean that landscaping that is required by any provision of the LDC, any approved conditional use permit, development order or building permit or any approved landscaping plan. 1 CITY OF CLERMONT ORDINANCE No. 2014-34 (a) Replacement. All unhealthy and dead plant material shall be replaced within 30 days in conformance with the approved site/landscaping plan for the property or in conformance with the provisions of this article if an approved plan is not on file with the city. The size of replacement trees shall be as specified in section 118- 113(d)(2). (b) Pruning Vegetation and trees required by this Code shall only be pruned to maintain health and vigor. Pruning shall be in accordance with "Standard Practice for Trees, Shrubs and Other Woody Plant Maintenance ANSI 300" of the National Arbonst Association. Required trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. A trees natural growth habit shall be considered in advance of conflicts which might arise; such as view, signage, lighting and similar conflicts. Excessive pruning, hatracking, topping, etcetera, of required trees shall be considered tree abuse and a violation of this Code. (c) Violations. A person who violates any provision of this article, and fails to correct the violation as provided herein,may be subject to penalties pursuant to the city Code of Ordinances. Tree abuse offenses shall be considered a separate offense for each tree damaged or destroyed contrary to the provisions of this article. 2 CITY OF CLERMONT ORDINANCE No. 2014-34 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, ,Flonda on this 9t" day of December, 2014. .r^ 4 A, IA 4���,,a, CITY OF CLERMONT ♦ Rp, 1, 1��iFb f"3 r ; 4P--;;r af'i�0 , r.h: n ,.d>> sr;,, Gail L. Ash, Ma or "4 �;ATTEST: 4 4 s Tracy Ackroyd, City Cl 1k Approved as to form and legal' 4111Mli Daniel, ity Attorney