Ordinance No. 2022-007CITY OF CLERMONT
d ORDINANCE NO.2022-007
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
2 CLERMONT, FLORIDA, AMENDING ARTICLE V, "CODE
3 ENFORCEMENT", DIVISION 1, "GENERALLY", SECTION 2-186
4 "INTENT OF ARTICLE" AND SECTION 2-187 PROVIDING THAT THE
5 CITY COUNCIL SHALL APPOINT A CODE ENFORCEMENT BOARD;
6 SECTION 2-187, "ALTERNATE CODE ENFORCEMENT SYSTEM" AND
7 AMENDING DIVISION H, `CODE ENFORCEMENT BOARD", SECTION
8 2-206, "CREATED; JURISDICTION; POWERS AND DUTIES;
9 ENFORCEMENT BY COURTS", SECTION 2-207, "COMPOSITION;
10 APPOINTMENT" AND SECTION 2-208, "COUNSEL NAMED"
11 PROVIDING FOR THE CREATION AND APPOINTMENT OF A CODE
12 ENFORCEMENT BOARD; AND, PROVIDING FOR CONFLICT,
13 SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE
14 CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND
15 EFFECTIVE DATE.
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
17 CLERMONT, FLORIDA, AS FOLLOWS:
18 SECTION 1:
19 Article V, "Code Enforcement", Division 1, "Generally", Section 2-186 "Intent of article"
20 and Section 2-187 "Alternate code enforcement system" are hereby amended to read as
21 follows: (note strikethrough indicates removed words and underlined indicates added)
22 Sec. 2-186. Intent of article.
23 It is the intent of this article to appoint a municipal code enforcement board speei ' ,,,., . istT- to
24 with the authority to impose administrative fines and other noncriminal penalties to promote,
25 protect, and improve the health, safety, and welfare of the city and to provide an equitable,
26 expeditious, effective, and an inexpensive method of enforcing any of the city's Codes and
27 ordinances in force where a pending of repeated violation exists or continues to exist. This article
28 has been enacted pursuant to the authority of F.S. h. 162.
29 Sec. 2-187. Alternate code enforcement system.
30 The city hereby adopts an alternate code enforcement system which gives the code
31 enforcement board speeW magistfate appointed by the city council the authority to hold hearings
32 and assess fines against violators of the city codes and ordinances.
33 SECTION 2:
34 Article V, "Code Enforcement", Division II, "Code Enforcement Board", Section 2-206
35 "Created; jurisdiction; powers and duties; enforcement by courts", Section 2-207,
36 "Composition; appointment and Section 2-208, "Counsel named" are hereby amended to
37 read as follows: (note strikethrough indicates removed words and underlined indicates
38 added)
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CLE ' nR CITY OF CLERMONT
ORDINANCE NO.2022-007
39 Sec. 2-206. Created; jurisdiction; powers and duties; enforcement by courts.
40 (a) There is hereby created a municipal code enforcement board sp eeial . agistFate pursuant to
41 F.S. ch. 162.
42 (b) The city code enforcement board speeial magistrate shall have jurisdiction to hear and decide
43 cases in which violations are alleged of any provisions of the city Code and its ordinances.
44 (c) The code enforcement board speeW magistmte shall have all of the powers and duties granted
45 under F.S. ch. 162, as amended. The city hereby adopts such provision by reference as if set
46 out fully herein.
47 d The regular meetings of the code enforcement board shall be on such dates and times as ma
48 be designated by the City Manager.
49 (eeed) Any alleged violations of such Code and ordinances may also be enforced in any court of
50 competent jurisdiction.
51 (fe) Wherever any ordinance or provision of the city Code or the city Land Development Code
52 shall reference the code enforcement special magistrate beard, it shall be deemed to reference
53 and apply to the code enforcement board spec'_magistrate- as created herein.
54 Sec. 2-207. - Composition, appointment Appointment and quMifleafiens.
55
56 member- in geed standing ef The Fierida Bar- and shall ha-,�e such other- qua4ifieafiens as the ese
57 may detefmine. The ci1y code enforcement board shall consist of seven members each to be
58 annointed by the citv council in accordance with F.S. ch. 162, as amended. A member must be a
59 qualified elector of the city.
60 Sec. 2- 208. - Counsel named.
61 The city attorney shall serve as counsel to the city in all matters before the code enforcement
62 board,speeial magistre4e.
63 SECTION 3: CONFLICT & REPEAL
64 Any portion of the City Code, the City Land Development Code or any ordinance or resolution or
65 part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict.
66 SECTION 4: SEVERABILITY
67 It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause,
68 phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of
69 competent jurisdiction, such portion shall be deemed a separate, distinct and independent
70 provision, and such holding shall not affect the validity of the remaining portions hereof.
71 SECTION 5: CODIFICATION
72 The text of Sections 1 and 2 of this ordinance shall be codified as a part of the Clermont City Code
73 The codifier is authorized to make editorial changes not effecting the substance of this ordinance by
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CITY OF CLERMONT
ORDINANCE NO.2022-007
74 the substitution of "article" for 'ordinance", "section" for "paragraph", or otherwise to take such
75 editorial license.
76 SECTION: ADMINISTRATIVE CORRECTION
77 Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
78 sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
79 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
80 designee, without need of public hearing, by filing a corrected or re -codified copy of same with
81 the City Clerk.
82 SECTION: PUBLICATION AND EFFECTIVE DATE
83 This Ordinance shall be published as provided by law and shall become law and shall take effect
84 this 22nd day of February, 2022.
85 First Reading this 8a' day of February, 2022.
86 Second Reading this 22nd day of February, 2022.
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C� CITY OF CLERMONT
ORDINANCE NO.2022-007
PASSED AND ADOPTED by the Mayor and City Council of the City of Clermont, Lake
County, Florida on this 22nd day of February, 2022.
ATTEST:
A
, J,,, JK
racy Ac]KdyX Howe, MMC
City Clerk
FORM AND LEGALITY:
CITY OF CLERMONT
Tim or
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