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O-213-C .. ORDINANCE NO. 213-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PROVIDING FOR A MUNICIPAL CODE ENFORCEMENT BOARD; PROVIDING FOR ENFORCEMENT PROCEDURES FOR THE BOARD; PROVIDING FOR POWERS OF THÉ BOARD; PROVIDING FOR HEARINGS; PROVIDING FOR FINES; PROVIDING FOR APPEALS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Council of the City of Clermont hereby ordains that: SECTION 1. There is hereby created a Municipal Code Enforcement Board pursuant to Chapter l66, Florida Statutes. SECTION 2. The City Council shall appoint a six-member Code Enforcement Board and legal counsel for the enforcement board. Members of the enforcement board shall be residents of the municipality. Appointments shall be made in accordance with the City Charter on the basis of experience or interest in the fields of zoning and building control. The membership of the enforcement board shall whenever possible consist of an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. SECTION 3. The initial appointments to the enforcement board shall be as follows: (a) Two members appointed for a term of one (1) year. (b) Two members appointed for a term of two (2) years. (c) Two members appointed for a term of three (3) years. Thereafter, all appointments shall be made for a term of three (3) years. Any member may be'reappointed from term to term upon approval of the City Council. Appointments to fill any vacancy on the enforcement board shall be for the remainder of the unexpired term of office. Any member who fails to attend two of three successive meetings without cause and without prior approval of the Chairman shall automatically forfeit his appointment, and the City Council shall promptly fill such vacancy. The members shall serve in accordance with the City Charter and may be removed as provided in the city code of ordinances for removal of members of city boards. SECTION 4. The members of the enforcement board shall elect a chairman. The presence of four or more members shall constitute a quorum of the enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the City Council. LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O. DRAWER 1066. CLERMONT, FLORIDA 32711 . . SECTION S. The City Attorney shall serve as counsel to the Board. SECTION 6. Enforcement Procedures. (a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; provided, however, no member of the board shall have the power to initiate such enforcement proceedings. (b) Except as provided in subsection (c) below, if a violation of the codes is found, the code inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify the enforcement board and request a hearing pursuant to the procedure in Section 7. Written notice shall be mailed to said violator as provided herein. (c) If the code inspector has reason to believe a violation presents a serious threat to the public health, safety and welfare, the code inspector may proceed directly to the procedure in Section 7 without notifying the violator. SECTION 7. Hearings. (a) The chairman of the enforcement board may call hearing of the enforcement board and hearing may also be called by written notices signed by at least three members of the enforcement board. The enforcement board at any hearing may set a future hearing date. The enforcement board should attempt to convene no less frequently than once every two (2) months, but may meet more or less often as the demand necessitates. Minutes shall be kept of all hearings by the enforcement board and all hearings shall be open to the public. The City Council shall provide clerical and administrative personnel as may be reasonably required by the enforcement board for the proper performance of its duties. (b) Each case before the board shall be presented by a member of the administrative staff of the City. (c) The enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. (d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least -2- LEONARD H. BAtAO, JR" ATTORNEY AT LAW, P.O. DRAWER 1 066, CLERMONT, FLORIDA 32711 . . three members of the enforcement board must vote for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review. SECTION 8. Powers. The Code Enforcement Board shall have all powers allowed by Florida Law. SECTION 9. Fines. The enforcement board, upon notification by the code inspector that a previous order of the enforcement board has not been complied with by the set time, may order the violator to pay a fine not to exceed FIVE HUNDRED AND NO/IOO DOLLARS ($500.00) for each day the violation continues past the date set for compliance. A certified copy of an Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists. After one (1) year from the filing of any such lien which remains unpaid, the enforcement board may authorize the city attorney to foreclose the lien. SECTION lO. Appeal. An aggrieved party may appeal a ruling or order of the enforcement board by certiorari in circuit court. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed. SECTION 11. Notices. All notices required by this act shall be by certified mail, return receipt requested, or where mail would not be effective, by hand delivery by the code inspector. SECTION 12. Severability. Should any section or part of this section be declared invalid by any Court of competent jurisdiction, such adjudications shall not apply or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 13. This Ordinance shall be published as provided by law and shall it become law and shall take effect immediately upon its Second Reading and Final Passage. First Reading this 23 day of June , 1981. Second Reading this 28 day of Julv 1981. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, this 28 DAY OF July , 1981. CITY OF CLERMONT ~~ . ~4_ - " -- -- - '---- ~OSKINSON - Mayor -3- LEONARD H. BAIAD, JR., ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, flORIDA 32711 '. . ATTEST: ~~OZ~' -~~irk APPROVED by me this 28 day of July , 1981. ,. ~Z~L_~~ -~ ~~~~'HOSKINSON - Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 213-c was published on the 9 day of July , 1981, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes l66.04l (3) (a), said date of publication being l4 days prior to the Second Reading and Final Adoption of the Ordinance. U~¿t) ¿() t-O~) SANDRA O. ROZAR - Cit} ~t1 -4- LEONARD H. BAIRD, JR., ATTORNEY AT LAW, P.O. DRAWER 1066, CLERMONT, flORIDA 32711