HomeMy WebLinkAbout782-01 Repeal Ordinance 641 & Resolution 406 Code Enforcement • 20IIt!11111!111111111111111111111111111111111
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AMENDED ORDINANCE NO.: 782-01
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AN AMENDED ORDINANCE BY THE CITY
COUNCIL OF THE CITY OF ZEPHYRHILLS, U'
FLORIDA REPEALING ORDINANCE NO.: 641 AND
RESOLUTION NO.: 406 AND CREATING AN
ORDINANCE ESTABLISHING A CITATION AND o
FINE SCHEDULE BY RESOLUTION FOR SPECIFIC
m
VIOLATIONS OF THE CODE OF ZEPHYRHILLS
AND PROVIDING FOR BY THIS ORDINANCE
PROCEDURES, FOR ENFORCEMENT;
DESIGNATION OF THE CODE ENFORCEMENT
mc.
OFFICERS; AUTHORIZATION FOR THE xi COM
GO
ISSUANCE OF CITATIONS; DEFINITIONS (f)r
REPEALER; RATIFICATION; SEVERABILITY;
AND AN EFFECTIVE DATE. F-
WHEREAS, the City Council of the City of Zephyrhills adopted Ordinance 0
No.: 782-01 on July 9, 2001; and
WHEREAS, after adoption of the Ordinance a scrivener's error was W�r>
mr-
discovered in the reference to Section 125.69, Florida Statutes and Section 1.11 -46
through out the Ordinance; and
WHEREAS, the correct reference shall be to Chapter 162, Florida Statutes
and Amended Ordinance Number 782-01 and Ordinance Number 783-01;
WHEREAS,the City Council of the City of Zephyrhills hereby declares that
due to the growing population of the City of Zephyrhills, the increasing number of
complaints, and increasing level of non-compliance with respect to adjudicated
violations by the Code Enforcement Board, an Ordinance providing alternative
enforcement remedies has become a necessity; and
WHEREAS, previous violations continue to exist and fines continue to
escalate; and
WHEREAS, the Code Enforcement Board has not expeditious means of
enforcing existing violations other than by remedial monetary measures which may not
be collectable; and
WHEREAS,the City Council of the City of Zephyrhills hereby finds that it is
in the'•::est interest of the citizens of the.City of Zephyrhills to. repeal Ordinance No.:
641 and Resolution No.: 406; and
WHEREAS, the City Council of the City of Zephyrhills hereby finds that to
protect the esthetic beauty of the City of Zephyrhills and the health, welfare and safety
of its citizens, the enforcement of the Code of Ordinances' of the City of Zephyrhills
through the judicial system has become a necessity.
NOW THEREFORE,BE IT ORDAINED by the City Council of the City of
`s Zephyrhills, Florida, sitting in regular sessions, as follows:
fc
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33540
oa BK 4723 PG .1865
2 0f 6
SECTION 1. Ordinance No.: 641 and Resolution No.: 406: Ordinance
No.: 641 and Resolution No.: 406 are hereby repealed.
SECTION 2. Ordinance No.: 782-01: Ordinance No.: 782-01 is hereby
amended to correct reference to Section 125.69, Florida Statutes and Section 1.11
through out the Ordinance and the correct reference shall be to Chapter 162, Florida
Statutes and Amended Ordinance Number 782-01 and Ordinance Number 783-01,
which references have been changed and are incorporated herein.
SECTION 3. Definition "Violation of Code":
A. The phrase "violation of this Code" means any of the following:
(i) Doing an act that is prohibited or made or declared unlawful, and
offense or a misdemeanor by ordinance or by rule or regulation authorized by
ordinance.
(ii). Failure to perform an act that is required to be performed by ordinance
or by rule or regulation authorized by ordinance.
(iii) Failure to perform an act if the failure is declared a misdemeanor or an
offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
B. The phrase "violation of this Code" does not include the failure of a
city officer or city employee to perform an official duty unless the context requires
otherwise.
SECTION 4. Uniform Fine Schedule: City Council shall adopt, by
Resolution,-a uniform fine schedule, which shall be applicable to all violations of the
code unless specifically excluded. All such violations of the code included in the
uniform fine schedule shall constitute a civil infraction. The officer issuing the citation
shall cause to be displayed on the citation the amount of the fine to be assessed for the
violation.
SECTION 5. Remedies:
(i). Except as otherwise provided, a person who violates any provision of
this Code of the Land Development Code shall be prosecuted and punished in the
manner provided by law under Chapter 162, Florida Statutes, in County Court by the
Code Enforcement Board procedure, or under any adopted Code Enforcement
ordinance. For violations of this Code or the Land Development Code that are
continuous with respect to time, each day the violation continues is a separate offense
in the absence of provisions to the contrary. The City of Zephyrhills Uniform Fine
Schedule, including court costs, shall be the sole and exclusive schedule of fines which
ordinance violations are prosecuted in County Court.
(ii). The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise, the imposition of civil penalties or other
administrative actions.
(iii). Violations of this Code or the Land Development Code may be abated
by injunctive or other equitable or civil relief, and no bond shall be required nor proof
OR 13K 4723 PG 1866
3 of 6
of intent or scienter. The imposition of a penalty does not prevent equitable relief.
(iv). The owner, tenant, or occupant of any land or structure or part
thereof, and any architect,builder, contractor, agent, or other person who participates
in, assists, directs, creates, or maintains any situation that is contrary to the
requirements of any City of Zephyrhills Ordinance may be held responsible for the
violation and be subject to the penalties and remedies provided for in this Code.
(v). Violations prosecuted in County Court in the manner provided by law
under Chapter 162, Florida Statutes, shall be prosecuted pursuant to the procedures
set forth•in-Amended Ordinance Number 782-01 Ordinance Number 783-01 and by
administrative order of the Chief Judge of the Sixth Judicial Circuit Court.
SECTION 6. Authority and Purpose
(i) This Section is adopted pursuant to Chapter 162, Florida Statutes, as
a supplemental method of enforcing the codes and ordinances of Zephyrhills and is
enacted to protect the public health, welfare, and safety of the citizens of the City of
Zephyrhills.
(ii) Nothing in this Section shall be construed to prohibit the City from
enforcing its codes and ordinances by any other means including, but not limited to
issuance of a citation without a warning, a summons, an arrest, an action before an
enforcement board or special master, a civil action for injunctive relief, a stop work
order, demolition,�2or pursuant to Chapter 162, Florida Statutes.
...SECTION 7. Designation of Code Enforcement Officers:
(i) for the purpose of this Section, the City Council of the City of
Zephyrhills hereby designates all code inspectors, sworn law enforcement officers or
fire inspectors.
(ii) Except as to law enforcement officers, the training and qualifications
of the code enforcement officers shall be established by the Code Enforcement
Director or his/her designees and shall be in compliance with any applicable Florida
Statutes.
(iii) Except as to sworn law enforcement officers, designated as a code
enforcement officer does not confer the power of arrest or other law enforcement
powers, nor subject the code enforcement officer to the provisions of Chapter 943,
Florida Statutes.
(i'') Nothing in this Section shall be construed to amend; _alter, or
contravene the provision of any retirement or pension plan or system administered by
the City of Zephyrhills or the State of Florida.
SECTION 8. Citation authorization; notice prior to citation; violation to
be prosecuted as a misdemeanor, maximum penalty.
(i) Any designated code enforcement officer is hereby authorized to issue
a citation to a person when,based upon personal investigation, the code enforcement
officer has actual knowledge that the person has committed a violation of any code
or ordinance of the City of Zephyrhills and that the County Court will hear the charge.
OR BK 4723 PG 1867
4 of 6
(ii) Prior to issuing a citation a code enforcement officer shall provide
notice to the person that they have 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. 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 a repeat
violation is found or 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
violation is irreparable or irreversible.
(iii) A code or ordinance violation for which a citation may be issued
pursuant to this Section shall be prosecuted in the same manner as a misdemeanor in
the name of the State in a court having jurisdiction of misdemeanors.
(iv) The maximum penalty for such a civil infraction shall not exceed Five
Hundred and 00/100 Dollars ($500.00) per violation plus all applicable costs or by
imprisonment in the county jail not to exceed sixty days or both a fine and
imprisonment.
(v) Each violation of a code or ordinance shall be a separate civil
infraction.
SECTION 9. Repeat Violations: .
(i) If a repeat violation is found subsequent to the issuance of a citation,
the code inspector is not required to give the violator a reasonable time to correct the
violation and may immediately issue a citation.
(ii) For purposes of this subsection, the term "repeat violation" means a
violation of a provision of a code or ordinance by a person who has previously been
found to have violated the same provision within 5 years prior to the violation
notwithstanding the violations occurred at different locations.
SECTION 10. Changes of Ownership:
(i) If the owner of property which is subject to an enforcement proceeding
before county court transfers ownership of such property between the time the initial
citation or citations are issued and the date the violator has been summoned to appear
in county court, such owner shall:
a. Disclose in writing the existence and the nature of the proceeding to
the prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings, notices,
and other materials relating to the county court proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner
will be responsible for compliance with the applicable code and with orders issued in
the county court proceeding.
d. If the property is transferred before the date the violator has been
summoned to appear in county court, the proceeding shall not be dismissed but the
OR BK 4723 PG 1868
g of 6
new owner will be substituted as the part olthe record and thereafter provided a
reasonable period of time to correct the violation before the continuation of
proceedings in county court.
SECTION 11. Violations that present a Threat to Public Health,
Safety and Welfare: i
(i) If the code inspector has reason to believe a violation or the condition
causing the violation presents a serious threat to the public health, safety and welfare
or if the violation is irreparable or irreversible in nature, or if after attempts under this
section to bring a repeat violation into compliance with provision of a,code of
ordinance prove unsuccessful,the City Council by and through the Code Enforcement
Director or his/her designee may make all reasonable repairs which are required to
bring the property into compliance and charge the owner with reasonable cost of the
repairs along with the fine imposed pursuant to this Section.
(ii) Making such repairs does not create a continuing obligation on the
part of the local governing body to make further repairs or to maintain the property
and does not create any liability against the local governing body to make further
repairs or to maintain the property and does riot create any liability against the local
governing body for any damages to the property is such repairs were completed in
good faith.
SECTION 12. Payment of Civil Penalty; Court Hearings:
(i) If the defendant elects not to contest the citation then the same n i
plead guilty or no contest by signing the plea and form on the citation and pay the
applicable fine in full to the Clerk of the Court within thirty(30) calendar days after
issuance of the citation.
(ii) If the defendant elects to contest the citation, then the same shall
attend the arraignment on the date as set forth in the citation:-
(iii) Any person who fails to appear or otherwise properly respond to the
citation shall, in addition to the charge relating to the violation of the code or
ordinance, be charged with the offense of failing to respond to such citation, and,
upon conviction, be guilty of a misdemeanor in the second degree, punishable by
imprisonment in the county jail not to exceed sixty(60) days or be ordered to pay_a
fine not to exceed $500.00 or both.
At
any hearing „ ant to this ordinance, the violation of a-code.or
ordinance must be proved beyond a reasonable doubt. The Florida Rules of Criminal
Procedure and the Florida Evidence Code shall be applicable to any such htaring.
SECTION 13. Classes of Violations and Fines by Resolution: The
Uniform Fine Schedule which provides violations of City Codes and Ordinances and
their corresponding penalty class shall be established and amended from time to time
by resolution of the City Council of the City of Zephyrhills. The same shall supersede
all ordinances that set forth fines in conflict therewith.
OR BK 4723 PG 1869 -
6 of 6
SECTION 14. Repealer: Any fines in conflict with the Uniform Fine
Schedule are hereby repealed to the extent of any conflict.
SECTION 15. Ratification: The Zephyrhills' Code of Ordinances is
hereby ratified and confirmed, and shall not be affected by the Uniform Fine Schedule.
SECTION 16. Inclusion in Code: It is the intent of the City
Council of the City of Zephyrhills that the provisions of this Ordinance shall become
and be made a part of the Zephyrhills' Code of Ordinances, and that the Sections of
this Ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section", "article", or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 1Z Severability: It is declared to be the intent of the City
Council of the City of Zephyrhills, Florida, that if any section, subsection, sentence,
clause or provision of this Ordinance shall be declared invalid, the remainder of this
Ordinance shall be construed as not having contained said section, subsection,
sentence, clause or provision, and shall not be affected by such holding.
SECTION 18. Effective Date: Certified copies of this
Ordinance shall be filed with the Department of State by the Clerk of the City of
Zephyrhills, Florida, within ten (10) days after adoption by the City Council of the
City of Zephyrhills and shall take effect upon filing.
dmEAr'
The foregoing Ordinance No. 'W-0/ was read and passed on its first reading
by the City Council of the City of Zephyrhills, Florida, on this ot74' day of
u, A.D., 2001.
r a.a.L . 4 . 0--).} -)4_,Q .---/I
..
, cre
c., ..
i �-
C CHI L. COMPTON
k, IJ��(`lIQ( President of City Council
�wTTE5'Tv;.
( `sy Cleo? LINDA D ROAN
:, j, - imigimEP
flie:foregoing Ordinance No. 1$a,-01 was read and passed on its second
reading by the City Council of the City of Zephyrhills, Florida, on this `0 day of
I,,, , A.D., 2001.
ill riCb&Jd&C / • (h)-7470-&-)i
s�, CATHI L. COMPTON
Yi
President of City Council
A.TTEST, h.
-6-41-)
Citr}y,Cler`k, L ' AD. ROAN
ntii,T-,
Ant cowl)
The foregoing Ordinance No. 7 0:01was approved by me this /0:1-- day of
Ap , A.D., 2001.
X.,. 2.4' •.1k
A. ROY %URNSIDE, Mayor
IMIIIM111111111111111111111111
2001096892
ORDINANCE NO.: 782-01
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS, FLORIDA REPEALIN
ORDINANCE NO.: 641 AND RESOLUTIONNO.:
406 AND CREATING AN ORDINA
ESTABLISHING A CITATION AND FINE
SCHEDULE BY RESOLUTION FOR SPECIFIC
VIOLATIONS OF THE CODE OF ZEPHYRHILLS
AND PROVIDING FOR BY THIS ORDINANCE
PROCEDURES . FOR ENFORCEMENT;
DESIGNATION OF THE CODE ENFORCEMENT
OFFICERS; AUTHORIZATION FOR THE
ISSUANCE OF CITATIONS; DEFINITIONS
REPEALER; RATIFICATION; SEVERABILITY;
AND AN EFFECTIVE DATE. Rcpt: 513647 Rec; 28.50
DS: 0.00 IT: 0.00
07/17/01 Opty Clerk
WHEREAS,the City Council of the City of Zephyrhills hereby declares that
•
due to the growing population of the City of Zephyrhills, the increasing number of ( ov
complaints, and increasing level of non-compliance with respect to adjudicated R
violations by the Code Enforcement Board, an Ordinance providing alternative �, o-
enforcement remedies has become a necessity; and I "Z
�;.6-0
WHEREAS, previous violations continue to exist and fines continue to I a
0'
CO
I -0 rn
escalate; and I c, O
WHEREAS, the Code Enforcement Board has not expeditious means of ?
enforcing existing violations other than by remedial monetary measures which may not 1��,p
rn
be collectable; and
WHEREAS,the City Council of the City of Zephyrhills hereby finds that it is
in the best interest of the citizens of the City of Zephyrhills to repeal Ordinance No.:
641 and Resolution No.: 406; and
WHEREAS, the City Council of the City of Zephyrhills hereby finds that to
protect the esthetic beauty of the City of Zephyrhills and the health, welfare and safety
of its citizens, the enforcement of the Code of Ordinances' of the City of Zephyrhills
through the judicial system has become a necessity.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Zephyrhills,Florida, sitting in regular sessions, as follows:
SECTION 1. Ordinance No.: 641 and Resolution No.: 406: Ordinance
No.: 641 and Resolution No.: 406 are hereby repealed.
SECTION 2. Definition "Violation of Code":
A. The phrase "violation of this Code" means any of the following:
(i) Doing an act that is prohibited or made or declared unlawful, and
offense or a misdemeanor by ordinance or by rule or regulation authorized by
ordinance.
(ii). Failure to perform an act that is required to be performed by ordinance
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL ,33540
OR BK 4668 PG 1366
2 of 6 .
or by rule or regulation authorized by ordinance.
(iii) Failure to perform an act if the failure is declared a misdemeanor or an
offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
B. The phrase "violation of this Code" does not include the failure of a
city officer or city employee to perform an official duty unless the context requires
otherwise.
SECTION 3. Uniform Fine Schedule: City Council shall adopt, by
Resolution, a uniform fine schedule, which shall be applicable to all violations of the
code unless specifically excluded. All such violations of the c3de included in the
uniform fine schedule shall constitute a civil infraction. The officer issuing the citation
shall cause to be displayed on the citation the amount of the fine to be assessed for the
violation.
SECTION 4. Remedies:
(i). Except as otherwise provided, a person who violates any provision of
this Code of the Land Development Code shall be prosecuted.and punished in the
manner provided by law under Section 125.69, Florida Statutes, in County Court by
the Code Enforcement Board procedure, or under any adopted Code Enforcement
ordinance. For violations of this Code or the Land Development Code that are
continuous with respect to time, each day the violation continues is a separate offense
in the absence of provisions to the contrary. The City of Zephyrhills Uniform Fine
S...ched- in riding cc—rt co t, be the sole?rid exclusive schedule of—fines w);"t
ordinance violations are prosecuted in County Court.
(ii). The imposition of a penalty does not prevent revocation or suspension
of a license, permit or franchise, the imposition of civil penalties or other
administrative actions.
(iii). Violations of this Code or the Land Development Code may be abated
by injunctive or other equitable or civil relief, and no bond shall be required nor proof
of intent or scienter. The imposition of a penalty does not prevent equitable relief.
(iv). The owner, tenant, or occupant of any land or structure or part
thereof, and any architect, builder, contractor, agent, or other person who participates
in, assists, directs, creates, or maintains any situation that is contrary to the
requirements of any City of Zephyrhills Ordinance may be held responsible for the
violation and be subject to the penalties and remedies pro-iidedfor ir: this Code.
(v). Violations prosecuted in County Court in the manner provided by law
under Section 125.69, Florida Statutes, shall be prosecuted pursuant to the
procedures set forth in Section 1-11 and by administrative order of the Chief Judge
of the Sixth Judicial Circuit Court.
SECTION S. Authority and Purpose
(i) This Section is adopted pursuant to Chapter 125.69,Florida Statutes,
as a supplemental method of enforcing the codes and ordinances of Zephyrhills and
OR BK 4668 PG 1367
3 of 6
is enacted to protect the public health, welfare,and safety of the citizens of the City
of Zephyrhills.
(ii) Nothing in this Section shall be construed to prohibit the City from
enforcing its codes and ordinances by any other means including, but not limited to
issuance of a citation without a warning, a summons, an arrest, an action before an
enforcement board or special master, a civil action for injunctive relief, a stop work
order, demolition, or pursuant to Chapter 125, Florida Statutes.
SECTION 6. Designation of Code Enforcement Officers:
(i) for the purpose of this Section, the City Council of the City of
Zephyrhills hereby designates all code inspectors, sworn law enforcement officers or
fire inspectors.
(ii) Except as to law enforcement officers, the training and qualifications
of the code enforcement officers shall be established by the Code Enforcement
Director or his/her designees and shall be in compliance with any applicable Florida
Statutes.
(iii) Except as to sworn law enforcement officers, designated as a code
enforcement officer does not confer the power of arrest or other law enforcement
powers, nor subject the code enforcement officer to the provisions of Chapter 943,
Florida Statutes.
(iv) Nothing in this Section shall be construed to amend, alter, or
contravene the provision of any retirement or pension plan or system administered by
the City of Zephyrhills or the State of Florida.
SECTION Z Citation authorization; notice prior to citation; violation to
be prosecuted as a misdemeanor, maximum penalty.
•
(i) Any designated code enforcement officer is hereby authorized to issue
a citation to a person when,based upon personal investigation, the code enforcement
officer has actual knowledge that the person has committed a violation of any code
or ordinance of the City of Zephyrhills and that the County Court will hear the charge.
(ii) Prior to issuing a citation a code enforcement officer shall provide
notice to the person that they have 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. 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 a repeat
violation is found or 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
violation is irreparable or irreversible.
(iii) A code or ordinance violation for which a citation may be issued
pursuant to this Section shall be prosecuted in the same manner as a misdemeanor in
the name of the State in a court having jurisdiction of misdemeanors.
(iv) The maximum penalty for such a civil infraction shall not exceed Five
OR BK 4668 PG 1368
4 of 6
Hundred and 00/100 Dollars ($500.00) per violation plus all applicable costs or by
imprisonment in the county jail not to exceed sixty days or both a fine and
imprisonment.
(v) Each violation of a code or ordinance shall be a separate civil
infraction.
SECTION 8. Repeat Violations:
(i) If a repeat violation is found subsequent to the issuance of a citation,
the code inspector is not required to give the violator a reascnable time to correct the
violation and may immediately issue a citation.
(ii) For purposes of this subsection, the term "repeat violation" means a
violation of a provision of a code or ordinance by a person who has previously been
found to have violated the same provision within 5 years prior to the violation
notwithstanding the violations occurred at different locations.
SECTION 9. Changes of Ownership:
(i) If the owner of property which is subject to an enforcement proceeding
before county court transfers ownership of such property between the time the initial
citation or citations are issued and the date the violator has been summoned to appear
in county court, such owner shall:
a. _ Disclose in writing the existence and the nature of the proceeding to
the prospective transferee. .
b. Deliver to the prospective transferee a copy of the pleadings, notices,
and other materials relating to the county court proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner
will be responsible for compliance with the applicable code and with orders issued in
the county court proceeding.
d. If the property is transferred before the date the violator has been
summoned to appear in county court, the proceeding shall not be dismissed but the
new owner will be substituted as the part of the record and thereafter provided a
reasonable period of time to correct the violation before the continuation of
proceedings in county court.
SECTION 10. Violations that present a Threat to Public Health,
Safety and Welfare:
(i) if the code inspector has reason to believe a violation or the condition
causing the violation presents a serious threat to the public health, safety and welfare
or if the violation is irreparable or irreversible in nature, or if after attempts under this
section to bring a repeat violation into compliance with provision of a code of
ordinance prove unsuccessful,the City Council by and through the Code Enforcement
Director or his/her designee may make all reasonable repairs which are required to
bring the property into compliance and charge the owner with reasonable cost of the
repairs along with the fine imposed pursuant to this Section.
OR BK 4668 PG 1369
rJ of 6
(ii) Making such repairs does not create a continuing obligation on the
part of the local governing body to make further repairs or to maintain the property
and does not create any liability against the local governing body to make further
repairs or to maintain the property and does not create any liability against the local
governing body for any damages to the property is such repairs were completed in
good faith.
SECTION 11. Payment of Civil Penalty; Court Hearings:
(i) If the defendant elects not to contest the citation, then the same may
plead guilty or no contest by signing the plea and form on the citation and pay the
applicable fine in full to the Clerk of the Court within thirty(30) calendar days after
issuance of the citation.
(ii) If the defendant elects to contest the citation, then the same shall
attend the arraignment on the date as set forth in the citation.
(iii) Any person who fails to appear or otherwise properly respond to the
citation shall, in addition to the charge relating to the violation of the code or
ordinance, be charged with the offense of failing to respond to such citation, and,
upon conviction, be guilty of a misdemeanor in the second degree, punishable by
imprisonment in the county jail not to exceed.sixty(60) days or,be ordered to pay a
fine not to exceed $500.00 or both.
(iv) At any hearing pursuant to this ordinance, the violation of a code or
ordinance must be proved beyond a reasonable doubt. The Florida Rules of Criminal
Procedure and the Florida Evidence Code shall be applicable to any such hearing:
SECTION 12. Classes of Violations and Fines by Resolution: The
Uniform Fine Schedule which provides violations of City Codes and Ordinances and
their corresponding penalty class shall be established and amended from time to time
by resolution of the City Council of the City of Zephyrhills. The same shall supersede
all ordinances that set forth fines in conflict therewith.
SECTION 13. Repealer: Any fines in conflict with the Uniform Fine
Schedule are hereby repealed to the extent of any conflict.
SECTION 14. Ratification: 'The Zephyrhills'Code of Ordinances is
hereby ratified and confirmed, and shall not be affected by the Uniform Fine Schedule.
SECTION 15. . Inclusion in Code: It is the intent of the City
Council of the City.of Zephyrhills that the provisions of this Ordinance shall become
and be made a part of the Zephyrhills' Code of Ordinances, and that the Sections of
this Ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section", "article", or such other appropriate word or phrase in order to
accomplish such intentions.
SECTION 16. Severability: It is declared to be the intent of the City
Council of the City of Zephyrhills, Florida, that if any section, subsection, sentence,
clause or provision of this Ordinance shall be declared invalid, the remainder of this
•
OR BK 4668 PG 1370
6 of .6
Ordinance shall be construed as not having contained said section, subsection,
sentence, clause or provision, and shall not be affected by such holding.
SECTION 17. Effective Date: Certified copies of this •
Ordinance shall be filed with the Department of State by the Clerk of the City of
Zephyrhills, Florida, within ten (10) days after adoption by the City Council of the
City of Zephyrhills and shall take effect upon filing.
The foregoing Ordinance No. 78Z-b/ was read and passed on its first reading
by the City Council of the City of Zephyrhills, Florida, on this °2S" day of
4-1A-e--
e • coo 1 . ( - zb'vi
.
f' CATHI L. COMPTON
�',- _,.,- President of City Council
ATTEST:'.;,• e.
Cites Jerk.y• ,IVDA D.B EAN
The'foregoing Ordinance No. 7 4g-o/ was read and passed on its second
reading by the City Council of the City of Zephyrhills, Florida, on this 9 day of
2 t pip., 2001.
____ydar
.- e OCOUU- L • COY14,Pin
CATHI L. COMPTON
President of City Council
d_TTES1T?' - _ '�4'r
City Clerk, L1N Ag-B0 AN
The foregoing Ordinance No.7i2°1 was'approved by me this q4_7(_- day of
, A.D., 2001.
.424,W-4,47---LL,_ 1
A. RO BURNSIDE, Mayor