Ordinance No. 2024-024(5=
C E � (� CITY OF CLERMONT
�,�,�� ORDINANCE NO.2024-024
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 1
"GENERAL PROVISIONS", ARTICLE II "CODE ENFORCEMENT",
DIVISION 1 "GENERALLY", AMENDING SECTIONS 1-41 "INTENT
OF ARTICLE,1-42 "ALTERNATE CODE ENFORCEMENT SYSTEM"
AND 1-43 "SUPPLEMENTAL ENFORCEMENT", AND CREATING
DIVISION 5 "PUBLIC NUISANCE ABATEMENT BOARD" SECTIONS
1-140 THROUGH 1-160 OF THE CITY CODES OF THE CITY OF
CLERMONT CREATING A PUBLIC NUISANCE ABATEMENT
BOARD; PROVIDING FOR CREATION, COMPOSITION, TERMS OF
BOARD MEMBERS AND BOARD OFFICERS; DEFINITIONS;
POWERS OF BOARD; INITIATING A COMPLAINT; HEARING;
PENALTIES; ENFORCEMENT OF ORDERS; JUDICIAL REVIEW;
SUPPLEMENTAL ENFORCEMENT; PROVIDING FOR CONFLICT,
SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE
CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 2 of the Florida Constitution and Chapter
166 of the Florida Statutes, the City of Clermont is authorized and required to protect the public
health, safety and welfare of its citizens and has the power and authority to enact regulations for
valid governmental purposes that are not inconsistent with general or special law;
WHEREAS, the public health, safety and welfare is a legitimate public purpose
recognized by the courts of Florida;
WHEREAS, the City of Clermont is authorized by Section 893.138, Florida Statutes, as
amended or renumbered to promote, protect, and improve the health, safety, and welfare of the
citizens of Clermont to create an administrative board with authority to impose administrative fines
and other noncriminal penalties in order to provide an equitable, expeditious, effective, and
inexpensive method of enforcing specified ordinances and abating specified nuisances in the City
of Clermont; and
WHEREAS, the City Council of the City of Clermont finds and declares that it is in the
best interest of the citizens of Clermont and the community to create and authorize an
administrative board as authorized by Florida Law and to be known as the Public Nuisance
Abatement Board.
NOW THEREFORE BE IT RESOLVED AND ENACTED, by the City Council of the
City of Clermont, Lake County, Florida that:
d=
CLER ' NR CITY OF CLERMONT
��f« ORDINANCE NO.2024-024
SECTION 1:
The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and
findings supporting this Ordinance.
SECTION 2:
Chapter 1, "General Provisions", Article II, "Code Enforcement", Division 1, "Generally" of the
City Code of the City of Clermont is hereby amended as follows: (note strikethrough indicates
removed words and underlined indicates added)
ARTICLE I. CODE ENFORCEMENT AND NUISANCE ABATEMENT
DIVISION 1. GENERALLY
Sec. 1-41. Intent of article.
It is the intent of this article to appoint a municipal code enforcement board with the authority
to impose administrative fines and other noncriminal penalties and to establish a citation process
to, promote, protect, and improve the health, safety, and welfare of the city and to provide an
equitable, expeditious, effective, and an inexpensive method of enforcing any of the city's Codes
and ordinances in force where a pending ore€ repeated violation exists or continues to exist. It is
the further intent of this article to appoint a public nuisance abatement board with the authority to
impose administrative fines and other noncriminal penalties to promote, protect, and improve the
health. safety, and welfare of the city and to provide an eauitable. expeditious, effective. and an
inexpensive method of orohibitina public nuisances on property within the citv. This article has
been enacted pursuant to the authority of F.S. ch. 162 and F.S. Sec: 893.138. as amended or
renumbered.
Sec. 1-42. Alternate code enforcement and nuisance abatement system.
The city hereby adopts an alternate code enforcement and nuisance abatement system which
gives the code enforcement board and the Dublic nuisance abatement board appointed by the city
council the authority to hold hearings, reauire remedial measures and assess fines for violations
against rs of the city codes and ordinances or failing to prohibit a nuisance.
Sec. 1-43. Supplemental enforcement.
Nothing contained in this article shall prohibit the city from enforcing its codes or vrohibitiniz
a nuisance by any other means.
6,
CL.ERWOM, CITY OF CLERMONT
�---- , ' ORDINANCE NO. 2024-024
SECTION 3:
Chapter 1, "General Provisions", Article II, "Code Enforcement" is hereby amended to create
Division 5, "Public Nuisance Abatement Board" of the Code of the City of Clermont, Florida as
follows: (note strikethrough indicates removed words and underlined indicates added)
ARTICLE IX. PUBLIC NUISANCE ABATEMENT BOARD
Sec. 1-140. Creation: composition: terms of members: board officers.
(a) There is herebv created, pursuant to F.S. & 893.138 and the Citv of Clermont's Municipal
Home Rule Powers, a Public Nuisance Abatement Board for the purpose of promoting. protecting,
and improving the health, safetv and welfare of the residents of the Citv of Clermont.
(b) The Public Nuisance Abatement Board shall consist of seven (7) regular members who are
residents of the Citv of Clermont and who will serve without pay.
(c) In order to streamline the number and functions of administrative boards in the Citv of
Clermont government, the Citv of Clermont Code Enforcement Board, as appointed by the
Clermont Citv_ Council, is designated and authorized to act as the Public Nuisance Abatement
Board.
(d) In accordance with paragraph (c) above, the terms of the regular and alternate members of
the Public Nuisance Abatement Board shall coincide with the terms of the regular members of the
Code Enforcement Board.
(e) The Public Nuisance Abatement Board shall elect its own chairman and vice-chairman and
may conduct business with a auorum of four (4) members.
Sec. 1-141. Definitions.
As used in this article:
Board means the Public Nuisance Abatement Board of the Citv of Clermont.
Board Attornev means legal counsel appointed to represent the Clermont Code Enforcement
Board, who shall advise the Board regarding the organization of the board, the conduct of its
hearing_ s, and the exercise of its powers. The Board Attornev shall not prosecute cases before the
Board and shall not exercise supervision over the Prosecuting Attornev when acting in that
capacity.
Controlled substance means anv substance named or described in F.S. & 893.03: anv substance
sold in lieu of a controlled substance in violation of F.S. & 817.563: anv imitation controlled
d"
CLEMONr CITY OF CLERMONT
,,tea- ORDINANCE NO.2024-024
substance defined in F.S. § 817.564; or anv "legend drug" or "prescription drug" as defined in F.S.
& 499.003.
Operator means the person operating a place or premises subiect to this article. The term includes,
but is not limited to, owners, tenants, subtenants, and persons having operational control over the
place or premises.
Owner means the owner of the real vrovertv upon which the place or premises is located. In cases
where the owner and the operator are the same person, the terms 'owner" and 'operator" are used
interchangeably in this article.
Place or premises means real propertv and its appurtenances and structures thereon as described
in the deed or other instrument of convevance as recorded in the Public Records of Lake Countv,
Florida. The term includes but is not limited to parking lots and other areas open to the general
public or to invitees or licensees.
Prosecuting Attornev means the appointed Citv Attornev. or designee, who shall prosecute cases
before the Board.
Public nuisance conduct means the conduct described in section 1-142 (c).
Recurring public nuisance conduct means anv single or multiple instance of the conduct described
in section 1-142(c) occurring during the effective term of an order entered by the Board.
Respondent means the owner, operator, and anv_ other person against whom a complaint is brought
pursuant to this article.
Sec. 1-142. Powers of the board.
The Public Nuisance Abatement Board shall have the power to:
(a) Adopt rules for the conduct of its hearings and establish procedures:
(b) Take testimonv and receive documentary evidence:
(c) Hear complaints and declare as a public nuisance anv place or premises, that has been used:
(1) On more than two (2) occasions within a six-month period, as the site of a violation of F.S.
6796.07.
(2) On more than two (2) occasions within a six-month period, as the site of the unlawful sale.
deliverv, manufacture, or cultivation of anv controlled substance:
6
CLEOPW CITY OF CLERMONT
�„1 ORDINANCE NO.2024-024
(3) On one (1) occasion as the site of the unlawful possession of a controlled substance. where
such possession constitutes a felonv and that has been previously used on more than one (1)
occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of anv controlled
substance;
(4) By a criminal gang for the purpose of conduction criminal gang activity as defined by F.S.
874.03:
(5) On more than two (2) occasions within a six-month period, as the site of a violation of F.S.
& 812.019, relating to dealing in stolen vrovertv; or
(6) On more than two (2) occasions as the site of a violation of F.S. Ch. 499. relating to
misbranded drugs or cosmetics;
(7) As a pain -management clinic, as described in F.S. & 458.3265 or & 459.0137. and has been
used on more than two (2) occasions within a six-month period as the site of a violation of:
a. F.S. & 784.011. & 784.021. & 784.03. or & 784.05. relating to assault and battery;
b. F.S. & 810.02, relating to burglary;
C. F.S. & 812.014, relating to theft,
d. F.S. & 812.131. relating to robbery by sudden snatching; or
e. F.S. & 893.13. relating to the unlawful distribution of controlled substances
may be declared to be a public nuisance, and such nuisance may be abated pursuant to the
procedures provided in this Article.
(d) Order the abatement of a declared public nuisance upon clear and convincing evidence that
said place or premises has been used as set forth in paragraph (c) above;
(e) A public nuisance may be established if the conduct described herein occurs in the adiacent
parcel or public right-of-wav, and there is a showing by clear and convincing evidence that the
incident arose out of or originated from the place or premises; and
(f) Issue orders having the force of law consistent with authoritv contained herein and in F.S.
893.138.
Sec. 1-143. Initiating a complaint.
CITY OF CLERMONT
C� d ORDINANCE NO.2024-024
(a) The Prosecuting Attornev or the Police Department may file a complaint with the Clerk to
the Board using information provided by the Police Department or anv other appropriate city_
department.
(1) The complaint shall allege the facts necessary to demonstrate a place or premises is the site
of public nuisance conduct.
(2) The complaint shall name the owner and. if appropriate, the operator as respondents. If a
place or premises is leased to or under the operational control of more than one (1) person, a failure
to name all such persons as respondents shall not preiudice the right of the citv to proceed against
those persons who. in the iudgment of the Prosecuting_ Attorney, are responsible for the occurrence
of public nuisance conduct at the place or premises.
(b) Anv emolovee. officer or resident of the Citv of Clermont may file a verified complaint
with the Clerk to the Board alleging that a place or premises is the site of public nuisance conduct.
(1) The verified complaint filed by an emplovee. officer or resident of the City. shall be
reviewed for legal sufficiencv by the Board Attornev. In reviewing a complaint for legal
sufficiencv. the Board Attornev shall evaluate whether the material allegations of the comp_ Taint.
if true. would support a finding by the Board that the property is a public nuisance.
(2) If the Board Attornev finds that the verified complaint is legally sufficient. such finding
shall be reduced to writing and provided to the Clerk.
(c) Upon the receipt of a complaint from the Prosecuting Attornev. Police Department or the
receipt from the Board Attornev that a verified complaint is legally_ sufficient. the Clerk shall notifv
the Chairman of the Board who mav_ call a hearing_ of the Board within sixty (60) days following_
receipt of the complaint.
(d) The Clerk shall furnish a Notice of Hearing along with a copv of the complaint, to the
resvondent(s). or in the case where a respondent is a cornoration. the registered agent. at the last
known address. by one (1) of the following methods:
(1) U.S. mail. certified return receipt reauested. or
(2) Personal service not less than three (3) days prior to a scheduled hearing_ before the Public
Nuisance Abatement Board.
(e) The Notice of Hearing shall contain:
(1) The owner's name.
(2) The address of the property where the alleged acts occurred. and
LEOON-r CITY OF CLERMONT
, ORDINANCE NO.2024-024
(3) The date, time and place of the hearing.
Sec. 1-144. Hearing.
(a) The Board shall conduct a public hearing on the complaint. receiving any evidence,
including evidence of the general reputation of the place or premises.
(b) All testimony shall be under oath and recorded on audio tape or by other means.
(c) If the case is brought by the Prosecuting Attorney or Police Department, said attorney shall
present relevant evidence before the Board on behalf of the city. If the case is brought by an
employee, officer or resident of the city, said employee, officer, or resident shall present the
evidence before the Board.
(d) The respondents) shall have an opportunity to present relevant evidence in his defense.
(e) All parties shall have an opportunity to present relevant evidence and argument on all
issues involved, conduct cross examination and submit rebuttal evidence.
(f) The Board may consider any evidence, including, but not limited to, evidence of the general
reputation of the place or premises.
(g) Formal rules of evidence shall not anoly. but fundamental due process shall govern the
proceedings. Irrelevant, immaterial or unduly repetitious evidence or argument shall be excluded
but all other evidence of a type commonly relied upon by reasonable prudent persons in the conduct
of their affairs shall be admissible. whether or not such evidence would be admissible in a trial in
the courts of this state. The Board Chairman upon consultation with the Board Attorney shall
have the authority to limit and exclude evidence or argument.
(h) (1) In any case brought by the Prosecuting Attorney or the Police Department on behalf of the
city. the city shall have the burden of proving the existence of an unlawful public nuisance by
competent and substantial evidence sufficient to meet the clear and convincing standard of proof,
(2) In any case brought by an employee, officer or resident of the city, said employee, officer or
resident shall have the burden of proving the existence of an unlawful public nuisance by
competent and substantial evidence sufficient to meet the clear and convincing standard of proof.
(i) If the respondent(s) have been properly noticed in regard to the hearing before the Board
and if any respondent fails to appear. the Board may proceed with a hearing in absentia on the
merits of the alleged violation. Any findings or order resulting from such hearing are valid and
binding upon the respondents who have been properly noticed in regard to the hearing.
d=
CLERWON-r CITY OF CLERMONT
�- ORDINANCE NO.2024-024
(i) At the conclusion of the hearing and after considering all evidence presented at such
hearing. the Board shall issue findings of fact based upon the evidence presented and made part of
the record.
(1) If the Board finds that the allegations of the complaint have not been proved, the Board
shall dismiss the complaint.
(2) If the Board finds that a sufficient number of the allegations of the complaint have been
Droved. the Board mav declare the vrovertv to be an unlawful public nuisance.
(3) If the Board declares that the vrovertv is an unlawful public nuisance. the Board mav then
consider the appropriate remedy, at the same meeting or at a later regular meeting_ or special
meeting called for such purpose. The Board may. following its consideration of the appropriate
remedv, enter an order requiring the owner of such place or premises to adopt such procedure as
mav be appropriate under the circumstances to abate anv such nuisance. In addition to entering an
order to stop the nuisance, the Board may enter an order immediately prohibiting:
a. The maintaining of the nuisance:
b. The operating or maintaining of the place or premises, including the closure of the place or
premises or anv part thereof; or
C. The conduct. operation, or maintenance of anv business or activitv on the premises which
is conducive to such nuisance.
(k) The findings and orders shall be by motion adopted by a maioritv of those present and
voting.
(1) The order shall be reduced to writing. executed by the presiding chair of the Board, and
filed with the Clerk. A covv of the executed order shall be mailed or hand delivered to each party
within five (5) working days after execution by the presiding chair of the Board.
(m) The Board mav retain iurisdiction for one (1) vear after the initial or anv subsequent order's
effective date to modifv and/or enforce the order.
Sec. 1-145. Penalties.
(a) The Board mav also impose the following penalties and require the following actions when
a public nuisance is found to exist on the nronertv or premises:
(1) Fines as authorized in Section 893.138. Florida Statutes.
d'
�LEMOI� CITY OF CLERMONT
-- ORDINANCE NO.2024-024
(2) Award reasonable costs, including reasonable attornev fees, associated with investigations
of and hearings on public nuisances;
(3) Require the respondents) to screen potential tenants or subtenants through a written rental
application form, verify information on the application. conduct a criminal record check on each
prospective tenant or subtenant, and/or verify identity of applicants) through Florida Drivers
License. Florida Identification Card, or other comparable form of identification:
(4) Require the lease or other written agreement used by the owner provide rules of conduct
relating to criminal activity at the place or premises. violation of which shall be grounds for
eviction:
(5) Require the respondents) attend meetings of an appropriate neighborhood group or
association.
(6) Require the respondents) maintain contact and cooperate with the assigned community
police officer in carrying out the provisions of the Board's order, and
(7) Require any other actions, measures or procedures the Board deems appropriate to abate a
nuisance in a particular case: and
(b) If the Board finds two (2) or more respondents responsible for a public nuisance, those
respondents will be iointiv and severally responsible for comolving with the fines and requirements
ordered in paragraph (a) of this section.
(c) As long as the Board maintains iurisdiction over the property, the Board may reduce or
eliminate all fines that have accrued against the prop_ ertv if the Board finds that the owner or the
person in charge has taken appropriate corrective steps in good faith to minimize the public
nuisance condition or in accordance with the Board's order.
Sec. 1-146. Enforcement of orders.
(a) Any requirement or action imposed by the Board, other than the imposition of fines or
award of costs and fees, shall expire one (1) year after its effective date or at such earlier time as
is stated in the order, unless extended by subsequent Order of the Board.
(b) Any fines imposed or costs and fees awarded by the Board shall continue to be an
indebtedness owed to the City of Clermont until satisfied and shall not expire one (1) year after
the effective date of the order. Such fines, costs, and fees will become a lien against the property
upon the recording of the order as provided in paragraph (c) below.
(c) Any order issued by the Board declaring a place or premises to be a public nuisance that
imposes fines, costs, or attorney's fees under the provisions of this Article shall be recorded with
CITY OF CLERMONT
CA ,,a,.�,,,, ORDINANCE NO.2024-024
the Clerk of Court, and shall become a lien against the real vroverty that is the subiect of the order
and or anv other real or personal property owned by the Respondent in Lake County, Florida.
(d) Unless otherwise specified in the order, fines, costs, or attornev's fees imposed by the Board
shall be due and vavable upon the date of the order of the Board imposing anv and all fines, costs,
or attornev's fees. Fines, costs, or attornev's fees may be paid in full without interest during the
first thirty (30) calendar days after the date due. Thereafter, interest at the rate established by the
Comptroller of the State of Florida pursuant to F.S. && 55.030) and 687.01. shall accrue upon anv
unpaid amount of fine(s) and costs.
(e) Anv lien recorded against real or personal vroperty may be foreclosed by the citv and the
owner of such real property shall be liable for all costs, including reasonable attornev fees.
associated with the recording of orders and foreclosure. However, no lien created pursuant to the
provisions of this section may be foreclosed on real propertv which is a homestead under Section
4, Article X of the State Constitution.
Sec. 1-147. Judicial review.
An order of the Board shall be subiect to iudicial review in the manner provided by law.
Sec. 1-148. Supplemental enforcement.
All powers and rights conferred bv_ this article shall be in addition to and supplemental to those
conferred by anv other general or special laws governing public nuisances and shall be liberallv
construed to effectuate the pumose of this article.
Sec. 1-149—1-150. Reserved
SECTION 4: CONFLICT
All ordinances or parts of ordinances in conflict with any of the provisions of this Ordinance are
hereby repealed.
SECTION 5: SEVERABILITY
If any portion of this Ordinance is declared invalid, the invalidated portion shall be severed from
the remainder of the Ordinance, and the remainder of the Ordinance shall continue in full force
and effect as if enacted without the invalidated portion, except in cases where such continued
validity of the remainder would clearly and without doubt contradict or frustrate the intent of the
Ordinance as a whole.
c9—
CITY OF CLERMONT
C� � ORDINANCE NO.2024-024
SECTION 6: CODIFICATION
The text of Sections 2 and 3 of this Ordinance shall be codified as a part of the Clermont City
Code. The codifier is authorized to make editorial changes not effecting the substance of this
Ordinance by the substitution of "Article" for "Ordinance", "Section" for "Paragraph", or otherwise
to take such editorial license.
SECTION 7: ADMINISTRATIVE CORRECTION OF SCRIVENERS ERROR
Regardless of whether such inclusion in the Code as described in Section 5 is accomplished,
sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical
and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or
designee, without need of public hearing, by filing a corrected or re -codified copy of same with
the City Clerk.
SECTION 8: PUBLICATION AND EFFECTIVE DATE
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.
CITY OF CLERMONT
ORDINANCE NO.2024-024
PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County,
&n this 28th day of May, 2024.
CITY OF CLERMONT
Tim Murr a or
A. ` Y, Y
Tracy Ackroyd Howe, MMC
C;r-v Ch-A-