[HISTORY: Adopted by the City Commission
of the City of South Pasadena as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-27-1993 as Ord. No. 93-08]
The ordinances of the City of South Pasadena of a general and permanent nature adopted by the City Commission of the City of South Pasadena, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of the Charter and Chapters
1 through
193, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the City of South Pasadena," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede
all other general and permanent ordinances enacted prior to the enactment
of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately
upon passage and publication according to law.
A copy of the Code in loose-leaf form has been
filed in the office of the City Clerk and shall remain there for use
and examination by the public until final action is taken on this
ordinance; and, if this ordinance shall be adopted, such copy shall
be certified to by the Clerk of the City of South Pasadena, as provided
by law, and such certified copy shall remain on file in the office
of the City Clerk, to be made available to persons desiring to examine
the same during all times while said Code is in effect.
Any and all additions, amendments or supplements
to the Code, when passed and adopted in such form as to indicate the
intent of the governing body to make them a part thereof, shall be
deemed to be incorporated into such Code so that reference to the
"Code of the City of South Pasadena" shall be understood and intended
to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall
thereafter be printed and, as provided hereunder, inserted in the
loose-leaf book containing said Code, as amendments and supplements
thereto.
The Clerk of the City of South Pasadena, pursuant
to law, shall cause to be published, in the manner required, a copy
of this Adopting Ordinance in a newspaper of general circulation in
the city. Sufficient copies of the Code shall be maintained in the
office of the Clerk for inspection by the public at all times during
regular office hours. The enactment and publication of this Adopting
Ordinance, coupled with availability of copies of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk, or someone
authorized and directed by the Clerk, to keep up-to-date the certified
copy of the book containing the Code required to be filed in his office
for the use of the public. All changes in said Code and all ordinances
adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new
ordinances are printed as supplements to said Code book, at which
time such supplements shall be inserted therein.
Copies of the Code book containing the Code
may be purchased from the Clerk upon the payment of a fee to be set
by the City Commission, which may also arrange for procedures for
the periodic supplementation thereof.
It shall be unlawful for anyone to improperly
change or amend, by additions or deletions, any part or portion of
the Code, or to alter or tamper with such Code in any manner whatsoever
which will cause the law of the City of South Pasadena to be misrepresented
thereby. Anyone violating this section or part of this ordinance shall
be subject, upon conviction, to a fine of not more than five hundred
dollars ($500.) or imprisonment for not more than sixty (60) days,
or both, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each
section is an independent section or part of a section, and the holding
of any section or a part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
Each section of this ordinance is an independent
section, and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances or parts of ordinances of a general
and permanent nature adopted and in force on the date of the adoption
of this ordinance and not contained in the Code are hereby repealed
as of the effective date of this Adopting Ordinance, except as hereinafter
provided.
The adoption of this Code and the repeal of ordinances provided for in §
1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to December 8, 1992.
B. Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this
ordinance, or any action or proceeding brought for the enforcement
of such right or liability.
C. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision,
or any penalty, punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other
proceeding pending, or any judgment rendered, prior to the effective
date of this ordinance, brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade,
changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place, or any
portion thereof.
G. Any ordinance appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond or other instruments or evidence
of the city's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or
transfer of property, or any lawful contract or obligation.
I. The levy or imposition of taxes, assessments or charges.
J. The annexation or dedication of property or approval
of preliminary or final subdivision plats.
K. All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers
and employees.
L. Any ordinance amending the Zoning Map.
M. Any ordinance adopting or amending the Comprehensive
Plan.
N. Any ordinance adopting or amending the annual budget.
O. Any ordinance pertaining to personnel policies.
P. Any legislation regarding the subdivision of land.
A. In compiling and preparing the ordinances for publication as the Code of the City of South Pasadena, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsection
B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one (1) or more of said pieces of legislation. It is the intention of the City Commission that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
B. The following changes, amendments, additions or revisions
are made herewith, to become effective upon the effective date of
this ordinance. (Chapter and section number references are to the
ordinances as they have been renumbered and appear in the Code.)
[Adopted 12-18-1984 by Ord. No.
84-23 as part of Part II, Ch. 1, of the 1984 Code]
[Amended 4-8-2003 by Ord. No. 2003-01]
A. General penalty. A violation of any provision of this
Code is a civil infraction, and it shall be unlawful for any person
to violate or fail to comply with any provision of this Code. Where
no specific penalty is provided, the violation of any provision of
this Code shall be punished by a fine not exceeding $500. Code violations
that are also violations of county codes or state law may carry additional
penalties. A civil penalty of less than the maximum civil penalty
may be assessed if the person who has committed the civil infraction
does not contest the citation. Each day that any violation of any
provision of this Code shall continue shall constitute a separate
offense.
B. Enforcement methods. Methods for enforcement of the provisions in the City Code include but are not limited to using the Code Enforcement Board procedure set forth in Chapter
12 of the City Code, having a City Code Enforcement Officer issue a citation/notice to appear; having the City's designated law enforcement agency issue a citation/notice to appear.
C. Designation of Code Enforcement Officers. City employees,
including the City Code Enforcement Officer, the City Building Official,
the Director of Public Safety and any employee engaged in fire and/or
lifesafety inspections, are hereby designated as Code Enforcement
Officers as that term is defined in Florida Statute § 162.21
and are authorized to issue citations.
D. Procedure for issuing citations. A Code Enforcement
Officer is authorized to issue a citation to a person when, based
upon personal investigation, the officer has reasonable cause to believe
that the person has violated a provision of the City Code. 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
provision 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 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.
E. Form of citation and amount of penalty.
(1) A citation issued by a Code Enforcement Officer shall
be in a form prescribed by Pinellas County and shall include provisions
setting forth the amount of the civil penalty that the violator shall
pay if he or she does not elect to contest the citation as well as
the procedure to follow in order to contest the citation. The schedule
of fines and costs shall be those set forth in the Pinellas County
uniform schedule of fines and costs. The following represents the
schedule as of February 2003:
|
Class
|
Fine
|
Costs
|
Total
|
---|
|
I
|
$150.00
|
$10.00
|
$160.00
|
|
II
|
$125.00
|
$10.00
|
$135.00
|
|
III
|
$75.00
|
$10.00
|
$85.00
|
|
IV
|
$50.00
|
$10.00
|
$60.00
|
|
V
|
$25.00
|
$10.00
|
$35.00
|
(2) Any amendments to the Pinellas County uniform schedule
of fines and costs shall take effect as ordered by the Court and shall
be applicable to violations of this Code without any further action
of the City Commission.
F. Classification of violations. City Code violations shall be classified and administered as set forth in Pinellas County Administrative Order No. PI-CTY-99-4, a copy of which is attached to this article as
Exhibit A. Any violation of this Code that does not have a corresponding
penalty associated with it in the uniform schedule shall be considered
a Class V offense unless specifically assigned another class by this
Code.
G. Refusal to sign citation. Any person who willfully
refuses to sign and accept a citation/notice to appear issued by a
Code Enforcement Officer shall be guilty of a misdemeanor of the second
degree, punishable as provided in Florida Statutes § 775.082
or § 775.083.