O-349-CCITY OF CLERMONT
ORDINANCE
• N0.349-C
AN ORDINANCE OF THE CITY OF CLERMONT RELATING TO THE
REGULATION OF THE OCCUPANCY OF BUILDINGS; AMENDING
CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS",
DIVISION 2 "CERTIFICATE OF OCCUPANCY" OF THE CITY CODE
TO CREATE NEW SECTION 14-62 "SUSPENSION OR REVOCATION
OF CERTIFICATE OF OCCUPANCY", PROVIDING FOR
SUSPENSION OR REVOCATION OF A CERTIFICATE OF
OCCUPANCY BY THE CITY MANAGER BASED ON SPECIFIED
FINDINGS; PROVIDING FOR APPEAL OF SUCH REVOCATION TO
THE CITY COUNCIL; AND AMENDING CHAPTER 122, "ZONING",
ARTICLE V, "SUPPLEMENTARY DISTRICT REGULATIONS", BY
REPEALING SECTION 122-349(E) "TERMINATION OF
OCCUPATION LICENSES"; PROVIDING FOR SEVERABILITY,
CONFLICT, AND EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CLERMONT, FLORIDA, as follows:
Section 1. That Chapter 14, "Buildings and Building Regulations" Division 2,
"Certificate of Occupancy" is herby amended to create new Section 14-62, "Revocation of
• Certificate of Occupancy; Appeals" to read as follows:
Section 14-62 "Suspension or Revocation of Certificate of Occupancy."
(a) A certificate of occupancy may be suspended or revolved if the city manager
makes any of the following findings:
(1) That any condition related to the certificate of occupancy has been violated;
(2) That the occupancy and use of the building has become detrimental to the public
health, safety or welfare or that traffic constitutes a nuisance;
(3) That the certificate of occupancy was obtained by misrepresentation or fraud;
(4) That the occupancy for which the certificate was granted has ceased for six
consecutive months or more;
(5) That the condition of the premises, or of the area of which it is a part, has changed
so that the occupancy is no longer justified under the meaning and intent of this section.
(6) That the owner or holder of the certificate of occupancy, or agent thereof, has
been convicted of a crime involving moral turpitude, and such crime was committed
within the course of business activity on the premises.
(b) Prior to the suspension or revocation of a certificate of occupancy under this
section, the city shall notify the owner/applicant of the grounds for such suspension or
revocation, and the right of such owner/applicant to request a hearing. The
owner/applicant shall request a hearing within thirty (30) days of the date of the notice or
the right to appeal shall be waived. In the event that a hearing is requested the procedures
for notice and hearing shall be prescribed as set forth in those applicable to the city's
• conditional use determination process.
Section 2. That Chapter 122, "Zoning", Article V, "Supplementary District
Regulations", Section 122-349(e), as set forth below, is hereby repealed and deleted in its entirety.
Section 3. Severabiiity. 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 Code of Ordinances, City of Clermont, Florida
or any ordinance or part thereof in conflict with this ordinance is hereby repealed to the extent of
such conflict.
Section 5. Effective Date. This ordinance shall be published as provided by law and
shall take effect immediately upon its Second Reading and Final Passage.
PASSE~~ ~-ND OIjDAINED BY the City Council of the City of Clermont, Lake County, Florida
on this ~ ay of ._~(' ~ ~ 200+
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ATTEST: ~-'
Tracy Ackroyd, City Clerlc~
CITY OF CLERMONT
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Harold S. Turville, Jr., Mayor
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