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3098 ORDINANCE NO. 3098 AN ORDINANCE OF TEE CITY OF SANFORD, FLORIDA, CREATING CHAPTER 18, ARTICLE V, SECTIONS 18-80 THROUGH 18-91 OF THE CITY OF SANFORD CODE OF ORDINANCES, ENTITLED "CODE ENFORCEMENT CITATIONS," PROVIDING FOR A SUPPLEMENTAL METHOD OF ENFORCING CITY CODES AND ORDINANCES; PROVIDING INTENT; PROVIDING DEFINITIONS; PROVIDING DESIGNATION, QUALIFICATIONS AND TRAINING OF CODE ENFORCEMENT OFFICERS; PROVIDING AUTHORITY OF CODE ENFORCEMENT OFFICERS; PROVIDING DELIVERY OF WARNING NOTICES AND CITATIONS; PROVIDING VIOLATION CLASSIFICATION AND CIVIL PENALTY; PROVIDING A SCHEDULE OF VIOLATIONS; PROVIDING PROCEDURE TO PAY OR CONTEST CITATIONS; PROVIDING CITATION CONTENTS; PROVIDING FOR DISPOSITION OF CITATIONS AND CIVIL PENALTIES; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND EFFECTIVE DATE. WHEREAS, the Florida Legislature has amended chapter 162 Of the Florida Statutes to provide supplemental code or ordinance enforcement procedures which permit the issuance of a citation for violation of municipal codes and ordinances; and WHEREAS, the City Commission of the city of Sanford, Florida, finds it in the best interest of the City to establish a supplemental method of enforcing City codes and ordinances by the issuance of a citations for violation of its Codes and ordinances; and WHEREAS, the adoption of a Code Enforcement Citation Program will further encourage compliance with City codes and ordinances; and WHEREAS, the adoption of a Code Enforcement Citation Program will further the goals and objectives of the code Enforcement Board to bring code violations into compliance with City codes and ordinances. NOW, THEREFORE, BE IT ENACTED BY TEE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Chapter 18, Article V, Sections 18-80 through 18-91 of the city of Sanford code of Ordinances is hereby created to read as follows: ARTICLE V. Code Enforoement Citations. Section 18-80. Intent. The City of Sanford hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this Article may be used for the enforcement of any City code or ordinance, or for the enforcement of all City codes and ordinances unless prohibited by law. Nothing contained in Article V shall prohibit the city from enforcing its codes or ordinances by any other means. Section 18-81. Definitions. For purposes of Article V, the following definitions shall apply: (a) City= The City of Sanford (b) Code Enforcement Officer: Any employee or agent of the City of Sanford who has been designated by the City Commission to enforce the City's codes and ordinances. Section 18-82. Designation, Qualifications and Training of Code Enforc~-~nt Officers. The City Cor~niesion is authorized to designate by resolution certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforcement officers shall be determined by resolution of the City Commission. Designation as a Code Enforcement Officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of Section 943.085 - 943.255 of the Florida Statutes. Nothing in Article V amends, alters or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. Section 18-83. Authority of Co~e Enforcement Officers. All code enforcement officers are authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a City code or ordinance and that the county Court will hear the charge. Section 18-84. citation Procedures. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a Page 2 Ordinance 3098 serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. Section 18-85. Delivery of Warning NOtices and Citations. A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy Of the warning notice Or citation at the alleged violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested. Whenever an alleged violator has a right or is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three (3) days shall be added to the prescribed period. Section 18-86. violation Classification and Civil Penalty. (a) Violations of City codes or ordinances and the applicable civil penalties shall be classified as follows: Violation Classification Civil Penalty CLASS I $ 50.00 CLASS II $100.00 CLASS III $200.00 CLASS IV $300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) Each violation of a City code or ordinance in the Schedule of Violations in section 18-87, herein, is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) Court costs in the amount of TEN AND NO/100 DOLLARS ($10.00) per citation collected shall be retained by the Clerk of the circuit Court. The civil penalties set forth above include said court costs. Section 18-87. Schedule of Violations. (a) Violation of the following City codes or ordinances is a civil infraction for which a citation may be issued: Page 3 Ordinance 3098 CH~FTER/SECTION CODE RE~UIREI~NT CLASS Sec. 4-11 Keeping live fowl within one hundred class I fifty feet of dwellings Sec. 4-43(a) Keeping more than three dogs or three Class I cats at or within residential dwellings. Sec. 6-78 Posting of numbers to be affixed to Class I building, mailbox or other approved structures so as to be visible and legible. Sec. 11-2 Water-tight garbage receptacles with a class I capacity of not more than thirty gallons required. sec. 11-3 Garbage receptacles and plastic bags Class I shall be placed at the curb. Sec. 11-3.1 Yard trash shall be properly prepared class I and placed at the curb. Sec. 11-5 Wet garbage shall be placed in water- Class I tight and airtight plastic bags or receptacles. Sec. ll-6(a-b) All refuse fruit and vegetables shall Class I be kept in plastic bags or receptacles until removed by the city. Sec. 11~7 Industrial waste shall be stored, Class I collected and removed as required by city, State, and Federal laws. Sec. 11~8.1(a) Use of refuse container not authorized class I by city. Sec. 11~8.1(c) Removal of refuse or recyclable materials Class II from an approved container. sec. 11-8.1(d) Entering or being inside a City-furnished Class I refuse container. Sec. 11-9 Carrying offensive matter through streets. Class I Sec. 11-10 Scattering of refuse. Class I Sec. 11-12.1(c) Changing location of container without class I (1) approval. Sec. 11-15 construction waste responsibility of the Class I owner/occupant. sec. 11-17(b) Placement of putrescible materials in class I recycling containers. sec. 11-27 Allowing accumulation of junk/trash, class I wild growth in excess of eighteen inches in height and grass in excess of twelve inches in height. sec. ll-30(a,b&d) Keeping of junk cars and parts. class I sec. 16-1 city license required to engage in Class II occupations, businesses or professions. Sec. 18-18 Loud and unnecessary noises Class II prohibited. Page 4 Ordinance 3098 CH~'TER/SECTION CODE REQUII~!~ENT CLASS Sec. 18-20 Recreation vehicles shall be parked or Class I stored on private residential property, in the rear yard; temporary living by permission from the City Manager. Sec. 18-35 Garage sales frequency, hours, Class I advertisement and signage regulations. Sec. 18-36 Recreation ramp requiring city Class I commission approval with conditions. Sec. 18-67 Parking of motor vehicle for repair and Class I leaving of inoperable motor vehicle on public rights-of-way over 24 hours Sec. 18-68 Driving over curbs prohibited. Class I sec. 18-69 Obstructing parkway or sidewalk by class I motor vehicle prohibited Sec. 18-70 Placement of signs within public right- Class I of-way prohibited. Sec. 18-71 Peddling and display of materials, Class I except from licensed vehicle, prohibited; requirements to move to new location. Chapt. 18~, Site Development Permit required prior to Class I Sec. 3.4(A) construction or alteration. Chapt. 18~, Certificate of Completion required prior class I sec. 3.4(B) to occupancy or change of use. chapt. 18~, Development plan review required prior Class I Sec. 5.2(A-C) to construction subject to exemptions. Chapt. 18~, Maintenance of approved improvements class I sec. 5.8 Chapt. 18~, Failure to maintain common areas, Class I Sec. 7.4(C) facilities and improvements. chapt. 182, Inoperative vehicles and equipment to class I Schedule E, be located in buildings or rear yard Sec. l(a) and screened per requirements. Chapt. 18~, Vehicles and equipment to be set back at class I Schedule E, least 15 feet along street and l0 feet Sec. l(b) along other parcel lines; No vehicles or equipment to be located in required buffer. Chapt. 18t, outdoor display related to retail sales Class I chapter E, and services shall be prohibited by sec. 2(a) definition and screened when required. Chapt. 18~, Home occupation regulations related class I Schedule E, to display, floor area, structures, uses, Sec. 3 motors, family members, noise, odors, and application. Chapt. 18~, Outdoor storage and/or display for Class I Schedule E, miscellaneous business and services, Sec. 10 commercial amusements, wholesale and storage and manufacturing. Chapt. 18~, Commercial vehicles shall not be parked class I Schedule F, or stored in residential zoning districts. Sec. 4 Page 5 Ordinance 3098 ~TER/SECTION CODE R.E~UIREMENT Chapt. 18~, Inoperable or unlicensed vehicles shall Class I Schedule F, not be parked or stored in residential Sec. 5 zoning districts. Chapt. 18~, Vehicular encroachment prohibited within Class I Schedule J, required buffer. Sec. 3.2(D) Chapt. 18~, Barbed wire and/or chain link fence Class I schedule J, prohibited within required buffer. sec. 3.2(E) chapt. 18~, Site Development Permit required prior Class I schedule J, to cutting down, destroying, removing Sec. 4.1 or moving any living tree. Chapt. 18~, Maintenance of required landscape as Class I Schedule J, long as the use continues to exist. Sec. 5.5 Chapt. 18~, Animated signs, billboards, flashing signs, Class I schedule K, snipe signs, sandwich signs, seawall signs, Sec. 2.4 beacon lights, bench signs, signs on public property, immoral display, obstructions and streamers, spinners and pennants prohibited in all zoning districts. Chapt. 18~, Regulation of signs identifying activity Class I Schedule K, conducted on premises for commercial, Sec. 3.1(G) automotive, miscellaneous business and services, industrial, agricultural processing establishments and transient lodging and entertainment uses. Chapt. 18~, Regulation of banner signs. Class I Schedule K, Sec. 3.2 Chapt. 18~, Regulation of mobile trailer signs. Class Schedule K, Sec. 3.3 Chapt..18~, Regulation of motor vehicle signs. Class I Schedule K, Sec. 3.4 Chapt. 18~, Regulation of political campaign signs. Class I Schedule K, Sec. 3.5 Chapt. 18~, Regulation Of lighting. Class I Schedule K, Sec. 4.1 Chapt. 18~, Adequate maintenance of signs required. class I Schedule K, Sec. 4.2(C) sec. 19-1 Discharge of stormwater into the sanitary Class I sewer system prohibited. Sec. 24-1 Convenience store regulation of clerks, Class II hours, signs, available cash, lighting, security camera, training. Sec. 25-5(j) Water from swimming pools shall not be Class I discharged into a sanitary or combined sewer. Page 6 Ordinance 3098 CHAFr~M/SECTION CODE REQUIREMENT Sec. 28-1 Tempering with, unauthorized work on, Class II unauthorized connection to, or in any way altering, demaging any part of the City's Utility system, including potable water, reclaimed water, sanitary sewer and/or storm water systems prohibited. Tampering or unauthorized work shall include, but not be limited to, unauthorized operation of City valves, meter tempering, straightlining, unauthorized taps, line rupture and/or illegal dumping. Sec. 28-10 Discharge of any substance or materials Class III which are harmful to the operation of the sanitary sewer system. Sec. 28-11 Obstruction of the flow of any public class I sewer or clog any appurtenance thereof or place any substance, solid or liquid, other than waste products prohibited. Sec. 28-91 No user shall contribute any pollutant or class I wastewater (directly or indirectly) which will interfere with the operation or performance of the Publicly Owned Treatment Work (POTW). Sec. 28-270 cross-connection to the city's potable class I water system prohibited. Sec. 28-2(a) Every residence and building located in Class I the city and in which human beings reside, are employed or congregate shall be re- quired to have a sanitary method of human excreta disposal consisting of either a sanitary water closet connected with the city sewer or an approved type of septic tank or a sanitary privy. Sec. 28-2(b) It shall be unlawful for any person owning, class I leasing or occupying any premises in the city to permit the disposal of any human excreta thereon, except in a sanitary water closet or a sanitary privy. GENERAL General firesafety regulations for Class II FIRESAFETY reporting hazards, notification, disposal, REGULATIONS, access, storage, overcrowding, combustive chapter 3 decorations, protection, extinguishing systems, standpipes. (b) The citations issued pursuant to Section 18-87(a) may be contested in County Court in and for Seminole county. Section 18-88. Procedures to Pay or Contest citations. (a) Any person cited for a violation under section 18-87(a) shall, within thirty (30) days of issuance of the citation: (1) Pay the civil penalty set forth in the Schedule of Violations at the Clerk of the Circuit Court's office; or Page 7 Ordinance 3098 (2) Contest the citation in county court through appearance at the clerk of the Circuit Court's office to receive a court date. (b) If the person cited pays the civil penalty as provided subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. (c) If the person cited appears at the clerk of the Circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on said court date to contest the citation in county court and he shall be deemed to have waived hie right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty which shall not exceed FIVE HUNDRED AND NO/100 DOLLARS ($500.00) plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty not to exceed FIVE HUNDRED AND N0/100 DOLLARS ($500.00). (e) Any person who willfully refuses to sign Or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and shall be prosecuted as a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083 of the Florida Statutes. Section 18-89. Citation COntents. The citation issued by the code enforcement officer shall be in a form prescribed by the City and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was cor~itted. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. The applicable civil penalty if the person elects not to contest the citation. Page 8 Ordinance 3098 9. The applicable civil penalty if the person elects to contest the citation. 10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. Section 18-90. Disposition of Citations and Civil Penalties. (a) After issuing a citation to an alleged violator, the code enforcement officer shall: 1. deposit the original citation and one copy of the citation with the clerk of the circuit court; 2. provide the alleged violator with one copy; 3. deposit one copy with city clerk; and 4. retain one copy in the code enforcement officer's department file. (b) All civil penalties received by the County court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the Clerk of the Circuit Court. Section 18-91. Provisions Suppl~ntal. It is the legislative intent of Article V to provide an additional and supplemental means of obtaining compliance with City codes and ordinances. Nothing contained in Article V shall prohibit the City from enforcing its codes or ordinances by any other means. SECTION 2: Codification. That Section 1 of this Ordinance shall be codified and made a part of the City Code of Ordinances. SECTION 3: Severability. If any section or portion of a section of this ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of a section of this ordinance. SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. Page 9 Ordinance 3098 SECTION 5: Effective Date. This Ordinance shall become effective in~nediately upon its passage and adoption. PASSED AND ADOPTED this 9th day of MARCH , A.D. 1992. MAyOR~~' ~ , CITY CLERK As the City Commission of the City of Sanford, Florida CERTIFICATE i, Linda L. Brace, Acting City Clerk of the City of Sanford, Florida, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 3098, PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, on the 9th day of March, 1992, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 10th day of March, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 10th day of March, 1992. kl g y er of the City of Sanford, Florida Page 10 Ordinance 3098