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O-354-CCITY OF CLERMONT ORDINANCE N0.354-C AN ORDINANCE OF THE CITY OF CLERMONT, FLORIDA PERTAINING TO ENFORCEMENT OF CODES AMENDING CHAPTER 2, ARTICLE V OF THE CITY CODE, DELETING THE REFERENCE TO DIVISION 3, "ENFORCEMENT PROCEDURE" CREATING DIVISION 3, "CODE ENFORCEMENT CITATIONS" AND SECTIONS 2-224, ET. SEQUEL, PROVIDING FOR A SUPPLEMENTAL METHOD OF ENFORCING CITY CODES; PROVIDING AUTHORIZATION, APPLICABILITY, AND DESIGNATION, TRAINING AND QUALIFICATIONS OF CODE ENFORCEMENT OFFICERS; PROVIDING PROCEDURES FOR INVESTIGATIONS OF VIOLATIONS AND ISSUANCE OF CITATIONS; PROVIDING SCHEDULE OF VIOLATIONS AND CNIL PENALTIES; PROVIDING PROCEDURES FOR PAYMENT OR COURT HEARING FOR CONTEST OF CITATIONS; PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has provided in Chapter 162 of the Florida Statutes that municipalities may provide supplemental code enforcement. procedures through the issuance of citations for violation of municipal codes and ordinances; WHEREAS, the City Council of the City of Clermont ,Florida finds it in the best interest of the citizens of Clermont to establish a supplemental method for enforcing city codes through the issuance of citations to assist the City in obtaining code compliance in addition to the services and methods provided through the City's Code Enforcement Board; and WHEREAS, the adoption of a Code Enforcement Citation Program will further serve the citizens of Clermont as a whole by encouraging compliance with city codes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA, as follows: Section 1. Chapter 2, Article V of the City Code is amended by deleting the heading reference to Division 3 "ENFORCEMENT PROCEDURE". Sections 2-215- 2-223 shall remain unchanged. Section 2. Chapter 2, Article V, Division 3, "Code Enforcement Citations, Sections 2- 224, Et. Seq. of the City Code are created to read as follows: DIVISION 3. CODE ENFORCEMENT CITATIONS. Section 2-224. Authorization. In accordance with and under the authority of Chapter 162, Part II, Florida Statutes, the City of Clermont hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes and ordinances. Nothing contained herein shall prohibit the City of Clermont's enforcement of its codes or ordinances by any other means. Section. 2-225. Applicable codes and ordinances. The following code provisions of the City Code may be enforced pursuant to the supplemental code enforcement citation procedures contained herein. The corresponding fine amount shall be the reduced civil penalty that a person may pay in the event the person elects not to contest the citation. The reduced civil penalty shall be in addition to any clerk or court filing costs that may be imposed in accordance with applicable law. The schedule of code provisions below shall include such codes and ordinances as they may be from time to time amended, renumbered, codified or re-codified including codes and ordinances enacted subsequent to the adoption of this article. (a) (b) (c) (d) (e) (~ (g) Chapter 6 -Alcoholic Beverages Chapter 10 -Animals Chapter 18, Article II -Solicitors, Peddlers and Itinerant Vendors Chapter 34 -Environment Chapter 38 -Mobile Homes and Recreational Vehicles Chapter 42 -Offenses Chapter 102 -Signs Section. 2-226. Code enforcement officers. $200.00 $250.00 $200.00 $250.00 $250.00 (a) The City Council of the City of Clermont is hereby authorized to designate, by resolution, certain employees or agents as "code enforcement officers." Code enforcement officers so designated shall have the powers and limitations as prescribed herein and by statute. (b) The designation of code enforcement officers and their training and/or qualifications of code enforcement officers shall be established by the City Manager or his designee in accordance with applicable statutes, resolutions and ordinances. (c) Pursuant to the requirements of F.S. Ch. 162, Part II, and consistent with the procedures set forth in this article, a code enforcement officer may issue a citation alleging a violation of any of the codes or ordinances enumerated in Section 2-242. A code or ordinance violation for which a citation is issued pursuant to this article shall be deemed a civil infraction. Reduced Civil Penalty $200.00 $100.00 2 Section 2-227. Procedures; investigation of violations; issuance of citations. (a) A code enforcement officer is hereby authorized to issue a citation to any person for violation of any code or ordinance listed in section 2-242 when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that a violation has occurred. The word "person" shall include an individual, corporation, business trust, estate, partnership, association, two or more persons having a joint or common interest, or any other legal entity. (b) Except as provided by subsection (c) below, the code enforcement officer shall provide notice to the person that the person has committed a violation of such code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period to correct the violation shall not exceed thirty (30) days. (c) A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (d) Written warning notices, if applicable, and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents, or by registered or certified mail, return receipt requested. (e) Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business during regular business hours with any employee and informing the employee of the contents, or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations. (f) If upon personal investigation the code enforcement officer finds that the violation has not been corrected within the time period, a code enforcement officer may issue a citation for a civil infraction to the person accused of committing the violation. (g) The citation shall be in such form as prescribed by resolution of the Council and consistent with the requirements of F.S. Ch. 162, Part II. (h) Each violation of a code or ordinance is a separate civil infraction. Each day such violation continues shall be deemed to constitute a separate civil infraction. (i) The maximum civil penalty for each violation shall not exceed five hundred dollars ($500.00) plus any applicable court costs. 3 (j) After issuing a citation to an alleged violator, the code enforcement officer shall: (1) Deposit the original citation and one (1) copy of the citation with the clerk of court for the county court; (2) Provide the person cited with one (1) copy, and (3) Retain one (1) copy in the code enforcement officer's department or division file. (k) If the person cited refuses to sign the citation, the code enforcement officer shall write the words "refused" or "refused to sign" in the space provided for the person's signature. The code enforcement officer shall then leave a copy of the citation with the person cited, if possible, and shall contact The City of Clermont Police Department to file the necessary reports alleging a violation of F.S. § 162.21(6), which provides that a person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree punishable as provided in F.S. § 775.082 or 775.083. Section 2-228. Payment of fines; court hearings. (a) If the person elects not to contest the citation, the person shall pay in full the applicable reduced civil penalty as set forth in Section 2-242 to the clerk of the court within fourteen (14) days after issuance of the citation. (b) If the person cited elects to pay the applicable reduced civil penalty set forth in Section 2- 242, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the fourteenth day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation, and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty, which shall not exceed five hundred dollars ($500.00) plus applicable court costs. (c) If the person elects to contest the citation, the person shall appear in court before a county court judge on such date and time as provided for on the citation to request a hearing date. The date and time on the citation to request a hearing date shall not be sooner than twenty-one (21) days after the citation is issued. (d) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of this article has been committed. If a violation is found to have occurred, the county judge may impose a civil penalty up to the maximum civil penalty in an amount not to exceed five hundred dollars ($500.00), and a definite term of imprisonment, not to exceed sixty (60) days, in such facility as authorized by law, plus applicable court costs. (e) The judge may provide for the civil penalty to be paid within such time as the judge determines to be appropriate. If the person found to be in violation fails to pay the fine within the time provided,' a civil judgment shall be entered against that person in the amount up to the maximum civil penalty not to exceed five hundred dollars ($500.00). 4 (f) Should the person cited schedule a hearing as provided for herein, and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty, plus applicable court costs. Provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the clerk shall notify the code enforcement officer and the person cited of the date and time of the new hearing. Section 2-229. Procedures for payment of civil penalty. Payment of any civil penalty imposed by this article shall be made to the clerk of the court, who shall forward the monies collected to the Administrative Services Director for the City of Clermont for deposit into the appropriate City fund for distribution and use by the code enforcement division of the City Department that issued the citation upon which the penalty was collected. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid, and the necessary satisfaction of judgments shall be prepared and recorded in the official records of Lake County. A portion, as determined by the clerk of the court and approved by City, of each penalty collected shall be retained by the clerk of the court as an administrative fee. Section 3. Severability. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 4. Conflict. Any portion of the Clermont City Code or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. Section 5. Codification. The text of Section 2 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 6. Effective Date. This ordinance shall be published as provided by law and shall take effect immediately upon its Second Reading and Final Passage. PASSED AND ORDAINED BY the City Council of the City of Clermont, Florida on this 9th day of January, 2007. ATTEST: ,/ ~ `Tracy Ac royEl, ~ ity Cl~k 9 ~. CITY OF CLERMONT o- rHarold S. Turville, Jr., Mayor 5