O-2016-34 CITY OF CLERMONT
ORDINANCE No. 2016-34
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, AMENDING ARTICLE
V, "CODE ENFORCEMENT", DIVISION 1, "GENERALLY",
SECTION 2-186 "INTENT OF ARTICLE", PROVIDING THAT
THE CITY COUNCIL SHALL APPOINT A CODE
ENFORCEMENT SPECIAL MAGISTRATE; DELETING
SECTION 2-187 "DEFINITIONS"; RENUMBERING AND
AMENDING SECTION 2-188 "ALTERNATE CODE
ENFORCEMENT SYSTEM"; RENUMBERING SECTION 2-189
"SUPPLEMENTAL ENFORCEMENT"; DELETING SECTION 2-
190 "SPECIAL MASTER" AND AMENDING DIVISION II, "CODE
ENFORCEMENT BOARD", SECTION 2-206, "CREATED;
JURISDICTION; ENFORCEMENT BY COURTS"; AMENDING
SECTION 2-207, "COMPOSITION; APPOINTMENT; TERMS OF
MEMBERS"; DELETING SECTION 2-208, "APPOINTMENT OF
MEMBERS"; DELETING SECTION 2-209, "RESIDENCY
REQUIREMENTS; VACANCIES; FILLING OF VACANCIES;
COMPOSITION"; DELETING SECTION 2-210, "OATH OF
OFFICE"; DELETING SECTION 2-211, "ORGANIZATION;
QUORUM; COMPENSATION"; AND AMENDING SECTION 2-
212, "COUNSEL NAMED"; DELETING SECTION 2-213
"CONFLICT OF INTEREST"; DELETING SECTION 2-214
"POWERS OF THE CODE ENFORCEMENT BOARD";
PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICT
AND EFFECTIVE DATE.
NOW, THEREFORE, be it ordained by the City Council of the City of
Clermont, Lake County, Flonda, as follows:
SECTION 1
Article V, "Code Enforcement", Division 1, "Generally", Sections 2-186 — 190 are hereby
amended to read as follows
Section 2-186 Intent of Article.
It is the intent of this Article to appoint-a Municipal Code Enforcement Special Magistrate
with the authonty 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
equitable, expeditious, effective, and an inexpensive method of enforcing any of the City's
Codes and Ordinances in force where a pending of repeated violation exists or continues to
exist This Article has been enacted pursuant to the authonty of Flonda Statute Chapter 162
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CITY OF CLERMONT
ORDINANCE No. 2016-34
Section 2-187 Alternate Code Enforcement System.
The City hereby adopts an alternate code enforcement system which gives the Code
Enforcement Special Magistrate appointed by the City Council the authonty to hold
heanngs and assess fines against violators of the City Codes and Ordinances
Section 2-188 Supplemental Enforcement.
Nothing contained in this Article shall prohibit the City from enforcing its codes by any
other means
SECTION 2.
Article V, "Code Enforcement", Division II, "Code Enforcement Board", Sections 2-206-2-
012 are hereby amended to read as follows
Section 2-206 Created; Jurisdiction; Powers and Duties; Enforcement by
Courts.
(a) There is hereby created a' municipal Code Enforcement Special Magistrate
pursuant to Flonda Statutes Chapter 162
(b) The City Code Enforcement Special Magistrate shall have junsdiction to hear
and decide cases in, which violations are alleged of any provisions of the City
Code and its ordinances
(c) The Code Enforcement Special Magistrate shall have all of the powers and
duties granted under Flonda Statute Chapter 162, as amended The City hereby
adopts such provision by reference as if set out fully herein
(d) Any alleged violations of such Code and Ordinances may also be enforced in any
court of competent junsdiction
(e) Wherever any Ordinance or provision of the City Code or the City Land
Development Code shall reference the Code Enforcement Board, it shall be
deemed to reference and apply to the Code Enforcement Special Magistrate as
created herein
Section 2-207 Appointment and Qualifications.
The Code Enforcement Special Magistrate shall be appointed by the City Council, shall
be a member in good standing of The Flonda Bar, and shall have such other
qualifications as the Council may determine
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CITY OF CLERMONT
ORDINANCE No. 2016-34
Section 2-208 Counsel Named.
The City Attorney shall serve as counsel to the City in all matters before the Code
Enforcement Special Magistrate
SECTION 3 Codification
The text of Sections l and 2 of this Ordinance shall be codified as a part of the Clermont
City Code The codifier is authorized to make editonal 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 4 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 5 Conflict and Repeal.
Any portion of the City Code, the City Land Development Code or any ordinance or
resolution or part thereof in conflict with this Ordmance is hereby repealed to the extent of
such conflict
SECTION 6 Effective Date.
This Ordinance shall be published as provided by law and shall become law and shall
take effect as of October 1, 2016
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CITY OF CLERMONT
ORDINANCE No. 2016-34
PASSED AND ADOPTED by the City Council of the City of Clermont, this 26th
day of July, 2016
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CITY OF CLERMONT
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�; Gail L Ash, Mayor
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Tracy A oyd ..we, City Clerk
Approv-a • and -'al rty
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