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Ordinance No. 2022-007CITY OF CLERMONT d ORDINANCE NO.2022-007 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 CLERMONT, FLORIDA, AMENDING ARTICLE V, "CODE 3 ENFORCEMENT", DIVISION 1, "GENERALLY", SECTION 2-186 4 "INTENT OF ARTICLE" AND SECTION 2-187 PROVIDING THAT THE 5 CITY COUNCIL SHALL APPOINT A CODE ENFORCEMENT BOARD; 6 SECTION 2-187, "ALTERNATE CODE ENFORCEMENT SYSTEM" AND 7 AMENDING DIVISION H, `CODE ENFORCEMENT BOARD", SECTION 8 2-206, "CREATED; JURISDICTION; POWERS AND DUTIES; 9 ENFORCEMENT BY COURTS", SECTION 2-207, "COMPOSITION; 10 APPOINTMENT" AND SECTION 2-208, "COUNSEL NAMED" 11 PROVIDING FOR THE CREATION AND APPOINTMENT OF A CODE 12 ENFORCEMENT BOARD; AND, PROVIDING FOR CONFLICT, 13 SEVERABILITY, CODIFICATION, THE ADMINISTRATIVE 14 CORRECTION OF SCRIVENERS ERROR, PUBLICATION AND 15 EFFECTIVE DATE. 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 17 CLERMONT, FLORIDA, AS FOLLOWS: 18 SECTION 1: 19 Article V, "Code Enforcement", Division 1, "Generally", Section 2-186 "Intent of article" 20 and Section 2-187 "Alternate code enforcement system" are hereby amended to read as 21 follows: (note strikethrough indicates removed words and underlined indicates added) 22 Sec. 2-186. Intent of article. 23 It is the intent of this article to appoint a municipal code enforcement board speei ' ,,,., . istT- to 24 with the authority to impose administrative fines and other noncriminal penalties to promote, 25 protect, and improve the health, safety, and welfare of the city and to provide an equitable, 26 expeditious, effective, and an inexpensive method of enforcing any of the city's Codes and 27 ordinances in force where a pending of repeated violation exists or continues to exist. This article 28 has been enacted pursuant to the authority of F.S. h. 162. 29 Sec. 2-187. Alternate code enforcement system. 30 The city hereby adopts an alternate code enforcement system which gives the code 31 enforcement board speeW magistfate appointed by the city council the authority to hold hearings 32 and assess fines against violators of the city codes and ordinances. 33 SECTION 2: 34 Article V, "Code Enforcement", Division II, "Code Enforcement Board", Section 2-206 35 "Created; jurisdiction; powers and duties; enforcement by courts", Section 2-207, 36 "Composition; appointment and Section 2-208, "Counsel named" are hereby amended to 37 read as follows: (note strikethrough indicates removed words and underlined indicates 38 added) Page I 1 of 4 6: CLE ' nR CITY OF CLERMONT ORDINANCE NO.2022-007 39 Sec. 2-206. Created; jurisdiction; powers and duties; enforcement by courts. 40 (a) There is hereby created a municipal code enforcement board sp eeial . agistFate pursuant to 41 F.S. ch. 162. 42 (b) The city code enforcement board speeial magistrate shall have jurisdiction to hear and decide 43 cases in which violations are alleged of any provisions of the city Code and its ordinances. 44 (c) The code enforcement board speeW magistmte shall have all of the powers and duties granted 45 under F.S. ch. 162, as amended. The city hereby adopts such provision by reference as if set 46 out fully herein. 47 d The regular meetings of the code enforcement board shall be on such dates and times as ma 48 be designated by the City Manager. 49 (eeed) Any alleged violations of such Code and ordinances may also be enforced in any court of 50 competent jurisdiction. 51 (fe) Wherever any ordinance or provision of the city Code or the city Land Development Code 52 shall reference the code enforcement special magistrate beard, it shall be deemed to reference 53 and apply to the code enforcement board spec'_magistrate- as created herein. 54 Sec. 2-207. - Composition, appointment Appointment and quMifleafiens. 55 56 member- in geed standing ef The Fierida Bar- and shall ha-,�e such other- qua4ifieafiens as the ese 57 may detefmine. The ci1y code enforcement board shall consist of seven members each to be 58 annointed by the citv council in accordance with F.S. ch. 162, as amended. A member must be a 59 qualified elector of the city. 60 Sec. 2- 208. - Counsel named. 61 The city attorney shall serve as counsel to the city in all matters before the code enforcement 62 board,speeial magistre4e. 63 SECTION 3: CONFLICT & REPEAL 64 Any portion of the City Code, the City Land Development Code or any ordinance or resolution or 65 part thereof in conflict with this ordinance is hereby repealed to the extent of such conflict. 66 SECTION 4: SEVERABILITY 67 It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, 68 phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of 69 competent jurisdiction, such portion shall be deemed a separate, distinct and independent 70 provision, and such holding shall not affect the validity of the remaining portions hereof. 71 SECTION 5: CODIFICATION 72 The text of Sections 1 and 2 of this ordinance shall be codified as a part of the Clermont City Code 73 The codifier is authorized to make editorial changes not effecting the substance of this ordinance by Page 12 of 4 CITY OF CLERMONT ORDINANCE NO.2022-007 74 the substitution of "article" for 'ordinance", "section" for "paragraph", or otherwise to take such 75 editorial license. 76 SECTION: ADMINISTRATIVE CORRECTION 77 Regardless of whether such inclusion in the Code as described in Section 5 is accomplished, 78 sections of the Ordinance may be re -numbered or re -lettered and the correction of typographical 79 and/or scrivener's errors which do not affect the intent may be authorized by the City Manager or 80 designee, without need of public hearing, by filing a corrected or re -codified copy of same with 81 the City Clerk. 82 SECTION: PUBLICATION AND EFFECTIVE DATE 83 This Ordinance shall be published as provided by law and shall become law and shall take effect 84 this 22nd day of February, 2022. 85 First Reading this 8a' day of February, 2022. 86 Second Reading this 22nd day of February, 2022. Page 13 of 4 C� CITY OF CLERMONT ORDINANCE NO.2022-007 PASSED AND ADOPTED by the Mayor and City Council of the City of Clermont, Lake County, Florida on this 22nd day of February, 2022. ATTEST: A , J,,, JK racy Ac]KdyX Howe, MMC City Clerk FORM AND LEGALITY: CITY OF CLERMONT Tim or Page 14 of 4