90-O-8
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ORDINANCE NO. 90-0-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, PROVIDING A SUPPLEMENTAL METHOD OF
ENFORCING CERTAIN CODES AND ORDINANCES~ PROVIDING
AUTHORITY AND PURPOSE~ PROVIDING FOR DEFINITIONS~
PROVIDING AUTHORITY TO CODE ENFORCEMENT OFFICERS TO
ISSUE CITATIONS FOR CIVIL INFRACTIONS IN VIOLATION OF A
CODE OR ORDINANCE~ PROVIDING FOR VIOLATIONS~ PROCEDURE~
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
SECTION 1. AUTHORITY AND PURPOSE.
This ordinance is adopted pursuant to the authority granted
municipalities in Chapter 162, Florida Statutes, to supplement
methods of enforcing codes and ordinances and the Florida Litter
Law in the City of Edgewater, and is enacted to protect the pub-
1ic health, safety and welfare of the citizens of the City of
Edgewater, Florida.
SECTION 2. DEFINITIONS.
For purposes of this Ordinance, the following definitions
shall apply:
"Code Enforcement Officer" shall mean any designated em-
ployee(s), agent(s), or inspector(s) of the City of Edgewater,
whose duty it is to enforce codes and ordinances enacted by the
city and the Florida Litter Law. Code enforcement officers may
include, but are not limited to, code inspectors, animal control
officers, or fire safety inspectors. Provided, however, nothing
herein shall be construed to authorize any person designated as a
Code Enforcement Officer, to perform any function or duties of a
law enforcement officer, as defined in Sections 943.085-943-255,
Florida Statutes, other than as specified. A Code Enforcement
Officer shall not make physical arrests or take any person into
custody except when acting as an agent of the State Fire Marshall
as provided for in Section 633.14 Florida Statutes.
"City" shall mean the City of Edgewater.
"Repeat Violation" shall mean a violation of a provision of
a code or ordinance by any person previously found to have violat-
ed the same provision within five years prior to the current vio-
1ation by the Code Enforcement Board established by the City of
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Edgewater or the County Court of Volusia County, Florida.
SECTION 3. AUTHORITY TO ISSUE CITATIONS.
Any Code Enforcement Officer is hereby empowered to issue
citations to a person when, based upon personal investigation,
the officer has reasonable cause to believe that the person has
committed a civil infraction in violation of a duly enacted City
of Edgewater Code or Ordinance or the Florida Litter Law.
SECTION 4. ENFORCEMENT AND PENALTIES.
Violations of City codes and ordinances shall be considered
civil infractions pursuant to Chapter 162, Part II, Fla. stat.
All City of Edgewater codes and/or ordinances and the Florida
Litter Law may be enforced by this Ordinance, by citation to the
appropriate County Court of Volusia County, except where
prohibited by law or statute. Each day any violation of a City
code or ordinance, or the Florida Litter Law continues, shall
constitute a separate offense. Initial violations of city codes
and ordinances shall carry a fine of $50.00. Repeat violations
of city codes and ordinances shall carry a fine of $100.00.
Violations of the Florida Litter Law shall carry penalties as
provided for in Section 403.413 of the Florida Statutes.
SECTION 5. VIOLATIONS-PROCEDURE
A. A Code Enforcement Officer is authorized to issue a cita-
tion to a person when, based upon personal investigation, the
officer has reasonable cause to believe that the person has com-
mitted a civil infraction in violation of a duly enacted City of
Edgewater code or ordinance or the Florida Litter Law. However,
prior to issuing a citation, a Code Enforcement Officer shall
provide notice to the person that the person has committed a vio-
lation of a code or ordinance or statute 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 the 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 Offi-
cer does not have to provide the person with a reasonable time
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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 serious
threat to the public health, safety, or welfare, or if the viola-
tion is irreparable or irreversible
B. A Code Enforcement Officer shall issue a Notice of Viola-
tion in a form prescribed by the City and it 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 committed.
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance or
statute 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 to
contest the citation.
9. The applicable civil penalty if the person elects not 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 citations, 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.
C. After issuing a citation to an alleged violator, a Code
Enforcement Officer shall deposit the original citation and one
copy of the citation with the appropriate County Court of volusia
County.
D. The maximum civil penalty shall not exceed $500.00.
E. A civil penalty of less than the maximum civil penalty
shall be imposed if the person who has committed the civil infrac-
tion does not contest the violation.
F. Any person who willfully refuses to sign and accept a
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citation issued by a Code Enforcement Officer shall be guilty of
a misdemeanor of the second degree, punishable as provided in
Section 775.082 or Section 775.083, Florida Statutes.
SECTION 6.
That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 7.
If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 8.
This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and approval as provided by law.
This Ordinance was introduced by Counc i lman Fi sh
This Ordinance was read on first reading and passed by a
approval as provided by law, at a
Regu I ar
vote of the City Council of the City of Edgewater, Florida, and
meeting of
said Council held on the
5
IV1arch
day of
The second reading of this Ordinance to be at a Regular
, 1990.
meeting of the City Council of the City of Edgewater, Florida, to
be held on the
19th day of
IV1arch
, 1990.
ROLL CALL VOTE ON
EXClJSED
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Councilman-Zone Three
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ouncilman-Zone Four
SECOND READING:
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�" ^ dinance •' read and adopted on second reading P 9 at a
;U.. meeting of the City Council of the City of Edge-
1`', Florida, and authent �ttedd this 19 day of March ,
1990.
Mayor
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