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O-232-C . CITY OF CLERMONT . CODE ORDINANCES NO. 232-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING CHAPTER 11, HEALTH AND SANITATION, ARTICLE 1 IN GENERAL, ARTICLE 11 WEED, TRASH ETC., ERADICATION, AND ARTICLE IV RAT CONTROL, REPEALING ARTICLE III CITRUS TREATMENT REGULATIONS, AND RECODIFYING ARTICLE V LANDSCAPING, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFEC- TIVE DATE, AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT: Chapter 11, Health and Sanitation is hereby amended as follows: SECTION 1. Chapter 11, Article I, In General is hereby amended as follows: Sec. 11-1. Sanitary Water Closets - All Buildings to Have. Every residence and building in which human beings reside, are employed or congregated, shall be required to have a sanitary water closet that is connected with the city sewer, or an approved type of septic tank, or an approved type of cesspool. It shall be unlawful to dispose of any human excreta within the corporate limits of the City of Clermont except in a sanitary water closet. Sec. 11-2. Same - Unlawful to Own or Rent Property Without. It shall be unlawful for any person owning or leasing any premises in the city to permit the disposal of any human excreta on any property, leased or rented by any such person or his agent, except in a sanitary water closet. Sec. 11-3. Septic Tanks and Cesspools; Sewer Connections. No s~ptic tank or cesspool other than those approved by the State shall be constructed within the corporate limits of Clermont. Where in any street or section of street there is now constructed or shall be in the future constructed a public sewer for the purpose of carrying off the sewage, the owner or owners of property abutting on, adjacent to, and along the line of or within two hundred feet of any such sewer so constructed shall, within thirty days after being notified by the city connect the house and buildings on such property with such public sewer in a proper manner. Sec. 11-4. Unsanitary or Dangerous Structures; Nuisance. Any decayed or dilapidated house or structure calculated or liable to produce disease of any kind or which is dangerous to persons using the streets in the vicinity thereof or occupying adjacent premises, or is unfit for use or habitation, shall be deemed and held to be a nuisance. Whoever permits the premises owned, occupied or controlled by him to become or remain in a filthy condition, or permits the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, shall be deemed guilty of maintaining a nuisance. SECTION 2. Chapter 11, Article II, Weeds, Trash, Etc., Eradication is hereby amended as follows: Sec. 11-5. Preservation of Public Health and General Welfare . CITY OF CLERMONT . CODE ORDINANCES NO. 232-C It is the duty and obligation of the owner and occupant of all real property in the city to help preserve and protect the public health and general welfare of all residents and their property by keeping their respective lots, parcels or tracts of land in said city, as well as adjacent sidewalks and parkways, free from all filth, trash, weeds, dirt, leaves, grass and rubbish and to keep down by moving, cutting or removal of same excessive growth of grass, weeds and noxious plants. Sec. 11-6. Inspection; Report, Notice. Annually hereafter, or oftener as deemed necessary in the interests of health, safety and general welfare of the citizens and residents of the city, the city manager may direct the building official, or his deputy to inspect all real property in the city and in writing report to the city manager the description of all property including adjacent sidewalks and parkways upon which they find filth, trash, weeds, dirt, leaves, grass and rubbish and an excessive growth or accumulation thereof. Upon receipt of such report and after due consideration thereof, the city manager shall direct the city clerk to notify in writing, each owner or occupant of said property and give them ten days from date of notice to have removed from their property, as well as adja- cent sidewalks and parkways, all filth, trash, weeds, dirt, leaves, grass, rubbish and excessive growth of grass, weeds and noxious plants; and, if not so done the city would have such work performed for which, under the laws of Florida, the city would claim and enforce a lien against said real property. Sec. 11-7. Failure of Owner to Comply; Lien. If the owner or occupant then fails or refuses to have the work performed, the city manager shall either contract for or have the city crews perform such work. If the city crews perform said work the charge shall be equal to that of an independent contractor, day laborer and regular machine hire charges. The city clerk shall bill the owner and occupant of the property and if not paid within thirty days the clerk shall, in behalf of the city and without requiring further authority of the council, file a claim of lien against the property. The clerk shall monthly report to the council the status of these liens and the council shall in- struct the city attorney to foreclose same, advancing the required costs. Sec. 11-8. Exceptions; citrus Groves. In considering real property on which there is excessive growth or accumulation of grass, weeds and noxious plants, the city manager shall consider and make allowance for real property set into commer- cial citrus groves, but each owner shall be required to maintain at least a fire guard of sufficient width to prevent the spreading of fire. However, nothing herein shall allow an accumulation of grass, weeds, leaves, etc, from one citrus fruit season to another without same being at least annually worked or turned into the said real property by plows, discs, harrows and like grove cultivation machines. SECTION 3. Chapter 11, Article III, Citrus Treatment Regulations is hereby repealed. SECTION 4. Chapter 11, Article IV, Rat control is hereby amended as follows: . CITY OF CLERMONT . CODE ORDINANCES NO. 232-C Sec. 11-9. Statement of POlicy; Funds. The City of Clermont does hereby determine that for the purposes of this article it is desirable and necessary:to free the City of Cler- mont of rats and to free the City of Clermont of places where rats may harbor, feed, nest, or breed. Sec. 11-10. Definitions. For the purpose of this article the following definitions shall apply: (a) The term rat-stoppage or rat-proofing as used herein shall apply to a relatively inexpensive form of rat-proofing to prevent the harborage of rats, or any rat-harborage facilities. (b) The term rat-harborage shall mean any condition existing in, under, over or outside a structure of any kind or in or about vacant or unimproved lands, which provides shelter or protection for rats, thus favoring their multiplication. Sec. ll-ll. Buildings to be Freed of Rats. All buildings or structures in the City of Clermont shall be freed of rat-harborage, and maintained in a condition freed of rat-harborage under the direction and supervision of the Building Official. Sec. 11-12. Compliance with Regulations. (a) Upon receipt of a written notice or order from the Building Official, the owner and occupant within the time specified therein shall take immediate measures for rat-freeing such building or vacant or unimproved lands, and that unless said work and improvements have been completed by the owner within the time specified in said written notice or order, in no event to be less than ten (10) days, then the owner of said building or lands so failing to comply with the direc- tions and terms of said written notice or order shall be deemed guilty of an offense under Sec. 1-8 of this code. (b) Upon receipt of written notice or order from the Building Official the owner of any such building or lands shall proceed with the eradication work (poisoning, trapping, harborage removal, fumi- gation or other means of rat-freeing) necessary to free the building of rats in a manner and under conditions approved by the Building Official and shall continue this work until the building or lands is freed of rats. It shall be the responsibility of the owner to free the buildings or lands of rats and to maintain the building or lands in a rat-free condition thereafter. In event the building or lands become reinfested with rats through accident or otherwise the owner shall proceed with approved measures to again free it of rats. Sec. 11-<13. Maintenance of Premises by OwnersandOccùpant of Building. The owners and occupants of all rat-freed buildings are required to maintain the premises in a rat-free condition and to repair all breaks or leaks that may occur in any rat-proofing unless such breaks or leaks develop as the result of natural deterioration of the build- ing, in which event, it shall be the responsibility of the owner to make said repairs. . Sec. 11-14. Building Official Empowered to Make Inspections. The Building Official is empowered to make unannounced inspections of the exterior of buildings, or vacant and unimproved lands as in his opinion may be necessary to determine full compliance with sections 11-·11 through 11-17, inclusive and to inspect the interior of buildings at any reasonable time. t CITY OF CLERMONT . CODE ORDINANCES NO. 232-C Sec. 11-15. Power of Building Official. Whenever conditions inside or under buildings, or vacant and unimproved lands provide such extensive harborage for rats that the building official, deems it. necessary to eliminate such harborage, he may require the owner and occupant to eliminate such rat-harborage. He may further require the owner and occupant to correct such other conditions related to rat-harborage as may be necessary in order to facilitate the eradication of rats in a reasonable time and thereby to reduce the cost thereof, and to place materials for poisoning or killing rats on vacant or unimproved lands. Sec. 11-16. Unlawful to Remove Rat-proofing. It shall be unlawful under the provisions of sections 11-11 through 11-:17, inclusive, for the occupant, owner, contractor, public utility company, plumber or any other persons to remove the rat-proofing from any building or vacant lands for any pur- pose and fail to restore same in a satisfactory manner or to make any new openings that are not closed or sealed against the entrance of rats. Sec. 11-17. Garbage or Certain Refuse to be Stored in Containers. All garbage or refuse consisting of waste animal or vegetable matter, excepting trimmings, or cuttings from plants or trees or lawns, upon which rats may feed shall be placed and stored in covered containers. It is hereby declared unlawful for any person, firm or corporation to dump or place on any premises, land or waterway, any dead animals or any waste vegetable_or animal matter of any kind. Sec. 11-18. Unlawful to Afford Food or Harborage of Rats. It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage, rubbish, or trash in any buildings or vacant or unimproved lands for premises in the City of Clermont so that the same shall or may afford food or harborage for rats. Sec. 11-19. Unlawful Accumulation of Certain Materials. It shall be unlawful for any person to permit to accumulate on any premises, anywhere in the City of Clermont limits, improved or vacant, and on all open lots and alleys in the City of Clermont any lumber, boxes, barrels, bricks, stones, or similar materials that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less that eighteen (18) inches above the ground and evenly piled or stacked so that these materials will not afford harborage for rats. Sec. 11-20. New Buildings and Existing Structure Undergoing Repairs to be Made Free of Any Rat-harborage. All buildings hereafter to be constructed in the City of Clermont shall be made rat-proof and any existing buildings undergoing major repairs shall be made rat-proof. In order to assure compliance with this section, it shall be the duty of the owner of the property on which the structure is being newly built or undergoing major repair, to obtain the building official's approval of specifications for such structural plans as it relates to rat-freeing and freedom from rat~harborage. Sec. 11-21. Penalties. Any person, firm or corporation, who shall violate any provision or provisions of sections 11-11 through 11-19 inclusive shall, be deemed guilty of an offense under section 1-8 of this code. Sec. 11-22. Right of Appeal. Any person aggrieved by any act or order of the building official, shall have the right to, within ten (10) days of the order or act com- plained of, appeal to the city council of the City of Clermont and the . CITY OF CLERMONT . CODE ORDINANCES NO. 232-C decision of the council shall be final, and that any proceedings under this article shall be stayed pending final determination by council should an appeal be made. SECTION 5. Chapter 11, Article V, Landscaping is hereby recodified as Chapter 9, Landscaping of the Code of Ordinances of the City of Clermont. SECTION 6. All ordinances or parts of this ordinance in conflict herewith are hereby repealed. SECTION 7. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this ordinance, except to the extent that the entire section or part of the section may be in- separable in meaning and effect from the section to which such holding shall apply. SECTION 8. This ordinance shall be published as provided by law and it shall become law and shall take effect immediately upon its Second Reading and Final Passage. Second Reading this 13-U /:J. tk ~:l COUNC:~flt=NT: ::. CHARLES B. BEALS, MAYOR day of , 1983. First Reading this day of , 1983. PASSED AND ORDAINED BY THE CITY /;;.-f:i COUNTY, FLORIDA THIS ATTEST: ~~~ Clerk CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing ordinance NO. 232-C was published one time between the first and second reading of said ordinance in a newspaper of general circulation locate within the City of Clermont, as required under the Charter of the City of Clermont,~orida, said ordinance having been published on the ~~~ day of I T/a}'(..I·~ , 1983. ~~;u~ JClerk