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O-36-C . . CODE ORDINANCES 36-C N~ 85 AN ORDINANCE . PROHIßITJ:$ THE KEEPING, LEAVING, OR STORING ';:.oN" RESIDENTIAL PROPERTY DISMANTLED, PARTIALLY DISMANTLED, NON-OPERATIVE, UNUSEABLE, DISCARDED OR AB~~DONED MACHINERY, APPLIANCES, VEHICLES, BOATS, OR PARTS THEREOF, SCRAP METAL, AND JUNK; PROVIDING FOR THE ENFORCEMENT THEREOF; PROVIDING FOR A PENALTY FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in the City of Clermont, there are, and may be in the future, certain residential lots on which the owners, or others, keep, store, or allow to remain, dismantled, partially dismantled, non-operative, unuseab1e, discarded or abandoned machinery, appliances, vehicles, boats, or parts thereof, scrap metal, or other junk; and WHEREAS, such conditions tend to invite plundering anq vandalism; create fire hazards; create other safety and health hazards to children, as well as adults; interfere with the comfort and well-being of the public; create, extend, and aggravate urban blight; and tend to interfere with the enjoyment and reduce the value of private property; and WHEREAS, the adequate protection of the public health, safety, and welfare requires that such conditions be regulated, abated, and/or prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, FLORIDA: Section1 : 1. Definitions: the following definitions shall apply in the interpretation and enforcement of this Ordinance: (a) "Person" shall mean any persons, firm, partnership, association, corporation, company or organization of any kind. (b) "Residential Section" means any property now or hereafter zoned under the zoning law of the City of Clermont as R-1A, R-1, R-2, R-3, or any other zoned area where such property within said zoned area is æed for residential purposes. 2. No person shall keep, store, or allow to remain on any property within any residential section of the City of Clermont, any dismantled, partially dismantled, non-operative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal or junk. 3. No person in charge or control of any property in a residential section of the City of Clermont, whether as owner, tenant, occupant, · e CODE ORDINANCES N~ 86 lessee, or otherwise, shall allow any dismantled, partially dismantled, non-operative, or discarded machinery, appliances, vehicles, boats, or parts thereof, scrap metal, or junk, to remain on such property longer than seventy-two (72) hours after notice by the City of Clermont to remove such junk is given to the owner; if the owner not be present, then said notice may be given to any person occupying said property; and if it be impractical to give the notice or occupant wrrtten notice, then by posting such notice upon said property; and the certificate by the ',"'. Clerk or City Manager of the City of Clermont of such notice shall be prima facie evidence that said notice was given in the manner certified to by the Clerk or City Manager; and no person shall leave any such items on any residential property within the City for a longer time than seventy-two (72) hours. 4. This Ordinance shall not apply with regard to such machinery, appliances, vehicles, boats, or parts thereof, scrap metal, and junk, in a completely ënclosedbuilding, or on the premises of a business enter- prise operated in a lawful place and manner, when necessary to the operation of such business enterprise, or in an appropriate storage place or depository maintained in a lawful place and manner by the City of Clermont. 5. The provisions of this Ordinance shall be enforced by the Building Inspector and by the Chief of Police, or any member of their respective departments designated by one of them. The Building Inspector and/or the Chief of Police is authorized to remove or have removed any such machinery, applia~ce, vehicles, boats, or parts thereof, scrap metal, and junk when such items reasonably appear to be in violation of this Section after notice as provided in Paragraph 3 hereof. Such items shall be impounded until lawfully claimed or disposed of in accordance with law. 6. It shall be unlawful and an offenæfor any person to violate the provisions of this Section, and any violation hereof shall be punished as hereinafter provided. upon conviction of a violation of this Ordinance as provided in Section 1, Paragraph 5, whoever shall be convicted shall . . CODE ORDINANCES N~ 87 be punished by a fine not exceeding $100.00, or by imprisonment not exceeding 10 days, or by both such fine and imprisonment. 7. This Ordinance shall be liberally construed to achieve the purpose thereof. Section 2: If any article, section clause or provision of this Ordinance be deemed or held invalid by any court of competent jurisdiction for any reason or cause, the same shall not affect or invalidate the whole of this Ordinance, , nor any part thereof, other than that particular provision deemed or held invalid. Section 3: All Ordinances, or parts of Ordinances, in conflict here~th are hereby repealedd. Section 4: This Ordinance shall be posted as provided by law and it shall become law and shall take effect immediately µpon its being posted as provided by law. First reading this 23rd day of January, 1968. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAR~ COUNTY" FLORIDA, THIS 13th day of February, 1968. ATTEST: O~ðA) t)· f1,J, CJ.ty Clerk CITY OF CLERMONT BY:-ßc;1I!1~ß60!&T-- Prefident of Council APPROVED by me this 13th day of February, 1968 ~£ þ,~ Mayor CERTIFICATE OF POSTING I HEREBY CERTIFY that a certified copy of the foregoing Ordinance was posted on the Public Municipal Bulletin Board for a period of not less than one (1) week, as required under the Charter of the City of Clermont, beginning February 14, 1968. Q~d b, tJA~~ City Clerk