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O-225-C . ClTY OF CLERMONT . CODE ORDINANCES No. 225-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA AMENDING ORDINANCE 213-C PROVIDING FOR A MUNICIPAL CODE ENFORCEMENT BOARD; PROVID- ING FOR ENFORCEMENT PROCEDURES FOR THE BOARD; PROVIDING FOR POWERS OF THE BOARD; PROVIDING FOR HEARINGS; PROVIDING FOR FINES; PROVIDING FOR APPEALS, PROVIDING FOR SEVERABIL- ITY; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT ORDINANCE 213-C IS AMENDED AS FOLLOWS: SECTION 1. There is hereby created a Municipal Code Enforcement Board pursuant to Chapter 166, Florida Statutes. SECTION 2. The City Council may appoint a seven member Code Enforcement Board and Legal Counsel for the Enforcement Board. Members of the Enforcement Board shall be resi- dents of the municipality. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the fields of zoning and building control. The membership of the Enforceme!J:Board shall whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. SECTION 3. The initial appointments to the Enforcement Board shall be as follows: 1. Two members appointed for a term of one (1) year. 2. Three members appointed for a term of two (2) years. 3. Two members appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Any member may be reappointed for one sucessive term upon approval of the City Council. Appointments to fill any vacancy on the Enforcement Board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the Chairman, the Board shall de- clare the member's office vacant, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the Ordinances of the City Council and may be removed for cause as provided in such Ordinances for removal of members of boards. !. SECTION 4. The members of the Enforcement Board shall elect a chairman from among their members. The presence of four or more members shall constitute a quorum of the Enforcement Board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by· the City Council. SECTION 5. The City Attorney shall serve as counsel to the Board. SECTION 6. - Enforcement Procedures (a) It shall be the duty of the Code Inspector to initiate enforcement proceed- ings of the various codes; provided, however, no member of the Board shall have the power to initiate such enforcement proceedings. (b) Except as provided in Subsection (c) below, if a violation of the codes is found, the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Code Inspector shall notify the Enforcement Board and request a hearing pursuant to the procedure in Section 7. Written notice shall be mailed to said violator as provided in Section 12. (c) If the Code Inspector has reason to believe a violation presents a serious . ClTY OF CLERMONT . CODE ORDINANCES No. 225-C threat to the public health, safety and welfare, the Code Inspector may proceed directly to the procedure in Section 7 without notifying the violator. SECTION 7. - Hearings (a) The Chairman of the Enforcement Board may call a hearing of the Enforcement Board and a hearing may also be called by written notices signed by at least three mem- bers of the Enforcement Board. The Enforcement Board at any hearing may set a future hearing date. The Enforcement Board shall attempt to convene no less frequently than once every two (2) months, but it may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the Enforcement Board and all hearings and pro- ceedings shall be open to the public. The City Council shall provide clerical and ad- ministrative personnel as may be reasonably required by the Enforcement Board for the proper performance of its duties. (b) Each case before the Board shall be presented by a member of the Adminis- trative Staff of the City, (c) The Enforcement Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The Enforcement Board shall take testimony from the Code Inspector and the alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (d) At the conclusion of the hearing, the Enforcement Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least four members of the Enforcement Board must vote for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review. SECTION 8. - Powers The Code Enforcement Board shall have all powers allowed by Florida Law. SECTION 9. - Fines The Enforcement Board, upon notification by the Code Inspector that a previous order of the Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed TWO HUNDRED AND FIFTY DOLLARS ($250.00) for each day the violation continues past the date set for compliance. A certified copy of an Order Imposing a Fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator and may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes. After one (1) year from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the City Attorney to foreclose the lien. SECTION 10. - Duration of Lien No lien provided by the Local Government Code Enforcement Boards Act shall con- tinue for a longer period than two (2) years after the certified copy of an Order Im- posing a Fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of Lis Pendens is recorded. SECTION 11. - Appeal An aggrieved party, including the local governing body, may appeal a final admin- istrative order of the Enforcement Board to the Circuit Court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION 12.- Notices All notices required by this act shall be by certified mail, return receipt requested, or where mail would not be effective, by hand delivery by the Code Inspector. . ClTY OF CLERMONT . CODE ORDINANCES No. 225-C SECTION 13. - Enforcing Codes by Other Means Nothing contained herein shall prohibit the City from enforcing its Codes by any other means. SECTION 14. - Severability. Should any Section or part of this Section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire Section or part of the Section may be inseparable in meaning and effect from the Section to which such holding shall apply. SECTION 15. This Ordinance shall be published as provided by law and shall become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading this 12th day of October , 1982 Second Reading this 9th day of November , 1982 PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 9th DAY OF November , 1982. CITY OF CLERMONT I ~ '1 --~ ins on , Mayor ATTEST: 9:!iBr?:1: ~ Deputy City Clerk APPROVED by me this 9th day of November , 1982. ~~-~ ~ ~~~inson, Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 225-C was published on the 21st day of October , 1982, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. ~ra7j'De~