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O-198-C . . . . CITY OF CLERMONT CODE ORDINANCES ORDINANCE NO. 198-C AN ORDINANCE UNDER THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING SECTION 25-16 AND SECTION 25-17 OF CHAPTER 25; PROVIDING THAT RATES FOR WATER SERVICE, SEWER AND SANITATION SERVICE BE ESTABLISHED BY MISCELLANEOUS ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, HEREBY ORDAINS THAT: SECTION 1. Section 25-16 of Chapter 25 of the Code of Ordinances is hereby amended to read as follows: Section 25-16. The rate schedule for water service, sewer service and sanitation service shall be established by miscellaneous ordinance after public hearing. SECTION 2. Section 25-17 of Chapter 25 of the Code of Ordinances is hereby repealed. SECTION 3. All ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 4. 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 5. This Ordinance shall be published as provided by law and it shall become law and shall take effect October 1, 1979. First Reading this 24th day of JULY 1979. Second Reading this 02 g'1:t day of C¿ MJ;tA-I:-- 1979. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY , FLORIDA, THIS r2R~ DAY OF tZ-MdAJ~ , 1979. SECTION 4. Records. . . The Building Official shall maintain the following records: a. The actual elevation of the lowest floor (including basement) of all new or substantially improved structures. b. The actual elevation to which new or substantially improved structures have been flood-proofed. c. Any variances granted from this ordinance. SECTION 5. Base Flood Data. When base flood elevation data has not been provided by the Flood Insurance Administration, the Building Official shall review, obtain, and reasonably utilize any base flood elevation data available from a federal, state, or other source to administer this ordinance. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard, the building official shall make the necessary interpretation. ARTICLE IV. CONSTRUCTION STANDARDS In all areas of special hazard, the following provisions are required: SECTION 6. Residential Construction. New construction or substantial improvement of any residential structure (including mobile home) shall have the lowest floor, including basement, elevated at least eighteen inches (18") above base flood elevation. SECTION 7. Non-residential Construction. New construction or substantial improvement of any commercial, industrial or other non-residential structure (including mobile homes) shall either have the lowest floor, including basement, elevated at least eighteen inches (18") above the level of the base flood elevation or, together with attendent utility and sanitary facilities, be flood-proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. SECTION 8. A. Mobile Home Parks· and Anchoring. Mobile Home Parks. (1) No new mobile home parks shall be built or placed within Zone A of the Flood Hazard Boundary Map (FHBM). (2) An evacuation plan indicating alternative vehicular access and escape routes must be filed with appropriate disaster preparedness authorities for existing mobile home parks located within Zone A of the FHBM. . . B. Anchoring. (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All mobile homes shall be anchored to resist flotation, collapse or lat- eral movement by providing over-the-top ties to ground anchors. Specific require- ments shall be that: (a) Over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (b) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (c) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (d) Any additions to the mobile home be similarly anchored. SECTION 9. Construction Materials and Methods. A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. SECTION 10. Utilities. A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. C. Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION 11. Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage. B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electric and water systems located and constructed to minimize flood damage. C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. D. Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than 50 lots or 5 acres, or as . . determined necessary by the Subdivision Advisory Committee. SECTION 12. Alteration of Watercourses. A. Notify adjacent communities and the State of Florida prior to any alteration or relocation of a watercourse, and shall submit evidence of such notification to the Federal Insurance Administration. B. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. ARTICLE V. VARIANCES AND EXCEPTIONS SECTION 13. Variances. Variances from this ordinance may be granted by the City Council of the City of Clermont for new construction or substantial improvements to be erected on a lot, only if the following conditions are met: a. A determination that failure to grant the variance would result in exceptional hardship to the applicant. b. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extra-ordinary public expense, create nuisances, or victimization of the public. c. Variance shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or State Inventory of Historic Places, without regard to the procedures set forth in this section. SECTION 14. Notification to Applicant. The City shall notify all applicants for variances in writing that: a. The issuance of a variance to construct a structureb~élowthe-bise-flood --~-~ --- level will--re~sult in- increased prêillIwil rates' fo-i-floOd insura~èe~p-t~-a.;;ounts as ~-~-_._- high as $2S--of $100 of insurance coverage. b. Construction non-conforming to the provisions of this ordinance increases risks to life and property. SECTION 15. Record of Variance Actions. The City shall maintain a record of all variance actions, including justification of their issuance and notification letter to applicants, and report all variances issued in the annual report to the Federal Insurance Administration. · . ARTICLE VI. WARNING AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Clermont or by any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 16. 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 17. This Ordinance shall be published as provided by law and it shall become law and shall take effect upon adoption. Fi rs t Reading this 2 6 t h day 0 f February , 1980. Second Reading this 25th day of March , 1980. PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, THIS 25th DAY OF March , 1980. :,. ...x~' J'-. , ~ .~"" .... l!- .:: .t-.:- -- -.. ~;- .~: :...-:: '--- /"" ,.' .......' :-?..~ ;... ~~ ~1; '\ :- '.; ....'" ~ ,,;:.>, ... .~~ :: ,-....".. ..... -.. ..... '/"" "'~,.. .~-- ..","" .; ..~ ...... CITY OF CLERMONT : By: rZE~\::r CLAUDE E. SMOAK, JR., - Mayor ATTEST: 1.1)... _ (ì 1,.,A¿lj f) ~ L J ~ra o. RoZa:?f'City Clerk APPROVED by me this 25th day of March , 1980. Cß~ø J-ß.<.\:} CLAUDE E. SMOAK, JR., - Mayor ~ . . CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 203-C was published on the 6th day of March , 1980, in a newspaper of general ciiëûlation located within the Cityof'Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being ~days prior to the Second Reading and Final Adoption of the Ordinance. - ,..,....:..) )0," ... "}E ~' :Èl - -~ --. -': "". . '. .......~ "'." r '. "'r:',:"'~ - ,....., ., '~-~~~ . r· -~~..... -" ., - _:- \ :...- ..";'.'-' .:- ..... - :...-......~ ....,.......,. <'; ~~~ ~zacr~ Clerk ." . . . . CITY OF CLERMONT CODE ORDINANCES ORDINANCE NO. 198-C CITY OF CLERMONT By: (!1 CLAUDE E. ATTEST: ~a4,fO,,~ h. ~jJJ/ DOLORES W. CARROLL - City Clerk APPROVED by me this 02P~ day of !4;,,-j;- , 1979 CLA(!j ~ Mayor CERTIFICATE OF PUBLICATION I HEREBY CERTIFY that a certified copy of the foregoing Ordinance No. 198-C was published on the 2nd day of AUGUST , 1979, in a newspaper of general circulation located within the City of Clermont, as required by Florida Statutes 166.041 (3) (a), said date of publication being 14 days prior to the Second Reading and Final Adoption of the Ordinance. LC.~aA{A) 1/r t-fA/!Æ/ DOLORES W. CARROLL - City Clerk