Sec. 1-1. - Designation and citing of Code.

The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Code of Ordinances, Pasco County, Florida," and may be so cited. The Code may also be cited as the "Pasco County Code" or "PCC."

State law reference— Requirement that county codify and publish its ordinances, F.S. § 125.68.

Sec. 1-2. - Definitions and rules of construction.

In the construction of this Code and of all ordinances, the rules and definitions set out in this section shall be observed, unless inconsistent with the manifest intent of the board of county commissioners. The rules of construction and definitions in this section do not apply to any section of this Code that contains any express provision excluding their application or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out. Terms used in this Code, unless otherwise specifically provided, have the meanings prescribed by the statutes of the state for the same terms.

State law reference— Construction of statutes, F.S. ch. 1.

This Code is the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any section of this Code imposes greater restrictions than another section imposed by the Code, the section imposing the greater restriction or regulation controls.

Board of county commissioners. Board of county commissioners shall mean the board of county commissioners of Pasco County, Florida.

Circuit court. Circuit court shall mean the circuit court of the sixth judicial circuit in and for Pasco County.

Clerk of the circuit court or county clerk. Clerk of the circuit court or county clerk shall mean the clerk of the circuit court of the sixth judicial circuit in and for Pasco County.

Code. Code shall mean the Code of Ordinances, Pasco County, Florida as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or" or "either … or," the conjunction shall be interpreted as follows:

(1)

And indicates that all the connected terms, conditions, provisions or events shall apply.

(2)

Or indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

Either … or indicates that the connected items, conditions, provisions or events shall apply singly, but not in combination.

County. County shall mean Pasco County, Florida.

County administrator. County administrator shall include designees of the county administrator.

Delegation of authority. A section requiring the head of a department or some other county officer or employee to do some act or perform some duty is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.

F.A.C. F.A.C. shall mean the Florida Administrative Code.

F.S. F.S. shall mean the current edition of the Florida Statutes.

Gender. Words in one gender shall apply to the other gender.

Health department. Health department or county health department shall mean the county public health unit organized pursuant to F.S. ch. 154, pt. I (F.S. § 154.001 et seq.).

Includes. Includes does not limit a term to the specified example, but its meaning shall be extended to all other instances or circumstances of like kind or character.

Joint authority. Words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

Keeper, proprietor. Keeper or proprietor shall include any person, firm, association, corporation, club or copartnership, whether acting alone or through a servant, agent or employee.

May. May shall be construed as being permissive.

Month. Month shall mean a calendar month.

Must. Must shall be construed as being mandatory.

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

Number. Words used in the singular number include the plural. Words used in the plural number include the singular.

Oath. Oath shall include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the terms "swear" and "sworn" shall be equivalent to the terms "affirm" and "affirmed."

Officer, official. Whenever reference is made to any officer or official, the reference shall be taken to be to such officer or official of Pasco County, Florida.

Owner. Owner, as applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person. Person shall extend and be applied to any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation and all other groups and legal entities or combinations thereof.

Property. Property shall include real and personal property.

Shall. Shall shall be construed as being mandatory.

Sidewalk. Sidewalk shall mean any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. State shall mean the State of Florida.

Street or road. Street or road shall include any street, avenue, boulevard, road, alley, viaduct or other public highway in the county.

Tables, illustrations, etc. If any difference of meaning or implication occurs between the text of this Code and any caption, illustration, summary table or illustrative table, the text shall control.

Tenant or occupant. Tenant or occupant, as applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or part of such building or land, either alone or with others.

Used for. Used for shall include the terms "arranged for," "designed for," "maintained for" or "occupied for."

Week. Week shall mean seven days.

Written or in writing. Written or in writing shall include any representation of words, letters or figures, whether by printing or otherwise.

Year. Year shall mean a calendar year.

Sec. 1-3. - Catchlines of sections; notes; references to Code.

(a)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections or of any part of the section nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b)

The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect, but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

All references to chapters, articles, divisions or sections are to chapters, articles, divisions and sections of this Code unless otherwise specified.

Sec. 1-4. - Effect of repeal of ordinances.

(a)

The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect.

(b)

The repeal or amendment of any ordinance shall not affect any punishment or penalty incurred before the repeal took effect nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed or amended.

Sec. 1-5. - Jurisdiction.

Except as otherwise provided by law or ordinance, the sections of this Code shall apply in both the unincorporated and incorporated areas of the county, provided that any section of this Code in conflict with a municipal ordinance shall not be effective within such municipality to the extent of such conflict. The board of county commissioners shall not enforce a section of this Code within the boundaries of a municipality unless the municipality passes a resolution requesting such action by majority vote of its governing body and repeals any inconsistent municipal ordinances. The board of county commissioners may accept or reject such request by the municipality. Either the municipality by its governing body or the board of county commissioners may withdraw the municipality from such enforcement by the same voting procedure.

State law reference— Conflicts between county and municipal ordinances, Fla. Const. art. VIII, § 1(e).

Sec. 1-6. - General penalty; continuing violations.

(a)

In this section, the phrase "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

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)

In this section, the phase "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless the context requires otherwise.

(c)

Except as otherwise provided, a person who violates any provision of this Code or the land development code shall be prosecuted and punished in the manner provided by law under F.S. § 125.69, in county court, by 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 Pasco County Uniform Fine Schedule, including court costs, shall be the sole and exclusive schedule of fines when ordinance violations are prosecuted in county court.

(d)

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.

(e)

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.

(f)

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 county ordinance may be held responsible for the violation and be subject to the penalties and remedies provided for in this Code.

(g)

Violations prosecuted in county court in the manner provided by law under F.S. § 125.69, 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 District.

(Ord. No. 00-05, § 2, 5-23-00)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 1-7. - Severability of parts of Code.

It is declared to be the intent of the board of county commissioners that if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance. It shall be construed to have been the legislative intent to pass this Code or such ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Code or such ordinance after the exclusion of such part shall be deemed and held to be valid as if such part had not been included in this Code or ordinance. If this Code or any ordinance or any provision thereof is held inapplicable to any person, group of persons, property or kind of property or circumstances or set of circumstances, such holding shall not affect the applicability of this Code or ordinance or provision to any other person, property or circumstance.

Sec. 1-8. - Continuation of existing ordinances.

The sections of this Code, insofar as they are substantially the same as legislation previously adopted by the county relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

Sec. 1-9. - Prior offenses, penalties or rights not affected by adoption of Code.

(a)

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.

(b)

The adoption of this Code shall not be interpreted as authorizing any use or the continuance of any use of a structure or premises in violation of any ordinance of the county in effect on the date of adoption of this Code.

Sec. 1-10. - Certain ordinances not affected by Code.

(a)

Nothing in this Code or the ordinance adopting this Code, unless otherwise provided in this Code or such ordinance, shall affect any ordinance or portion of an ordinance:

(1)

Promising or guaranteeing the payment of money for the county or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness or any contract or obligation assumed by the county.

(2)

Granting any right or franchise or conveying any oil, gas or mineral rights.

(3)

Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way.

(4)

Making any appropriation.

(5)

Granting ad valorem tax exemptions for specific property.

(6)

Establishing, amending or constituting a land development code.

(7)

Levying or imposing taxes not codified in this Code.

(8)

Amending any local law, i.e., special act.

(9)

Providing for local services or improvements and assessing taxes or other charges therefor.

(10)

Dedicating, accepting or vacating any plat or subdivision.

(11)

Rezoning specific property.

(12)

Which is temporary, although general in effect.

(13)

Which is special, although permanent in effect.

(14)

The purpose of which has been accomplished.

(b)

The ordinances designated in subsection (a) of this section are recognized as continuing in full force and effect to the same extent as if set out at length in this Code.

Sec. 1-11. - Enforcement of ordinance violations.

(a)

Authority and purpose.

(1)

This section is adopted pursuant to F.S. ch. 125.69, as a supplemental method of enforcing the codes and ordinances of the county, and is enacted protect the public health, welfare, and safety of the citizens of the county.

(2)

Nothing in this section shall be construed to prohibit the county 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 F.S. ch. 125.

(b)

Designation of code enforcement officers.

(1)

For the purpose of this section, the board of county commissioners of the county hereby designates all code inspectors, fire inspectors, animal control officers, and all employees whose duty it is to enforce codes and ordinances as "code enforcement officers" who shall have the powers and authority to enforce the codes and ordinances of the county as set forth in this section.

(2)

Sworn law enforcement officers shall have the authority to enforce local ordinance violations, and may do so without the issuance of a warning.

(3)

Except as to law enforcement officers, the training and qualifications of the code enforcement officers shall be established by the county administrator or his designee and shall be in compliance with any applicable Florida Statutes.

(4)

Except as to sworn law enforcement officers, designation 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 F.S. ch. 943.

(5)

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 county or the state.

(c)

Citation authorization; notice prior to citation; violation to be prosecuted as a misdemeanor, maximum penalty.

(1)

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 county and that the county court will hear the charge.

(2)

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.

(3)

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.

(4)

The maximum penalty for such a civil infraction shall not exceed $500.00 per violation plus all applicable costs or by imprisonment in the county jail not to exceed 60 days or both a fine and imprisonment.

(5)

Each violation of a code or ordinance shall be a separate civil infraction

(d)

Repeat violations.

(1)

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.

(2)

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 five years prior to the violation, notwithstanding the violations occurred at different locations.

(e)

Changes of ownership.

(1)

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 party of record and thereafter provided a reasonable period of time to correct the violation before the continuation of proceedings in county court.

(f)

Violations that present a threat to public health, safety and welfare.

(1)

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 a provision of a code of ordinance prove unsuccessful, the local governing body by and through the county administrator or his designee may make all reasonable repairs which are required to bring the property into compliance and charge the owner with the reasonable cost of the repairs along with the fine imposed pursuant to this section.

(2)

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 if such repairs were completed in good faith.

(g)

Payment of civil penalty; court hearings.

(1)

If the defendant elects not to contest the citation, then the same may plead guilty or no contest by signing the plea and waiver form on the citation, and pay the applicable fine in full to the clerk of the court within 30 calendar days after issuance of the citation.

(2)

If the defendant elects to contest the citation, then the same shall attend the arraignment on the date as set forth in the citation.

(3)

If the defendant electing to contest the citation fails to issue a written plea of not guilty or fails to appear for the court appearance date, the presiding judge shall at that time issue a capias for the arrest of the defendant for noncompliance with instructions on the citation, dismiss the case, or take any other action that the court deems appropriate.

(4)

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.

(5)

Any person found guilty of the offense charged shall be fined in accordance with the Uniform Fine Schedule, and the court may order corrective action within a reasonable period of time.

(h)

Classes of violations and fines by resolution. The Uniform Fine Schedule which provides violations of county codes and ordinances and their corresponding penalty class shall be established and amended from time to time by resolution of the board of county commissioners. The same shall supercede all ordinances that set forth fines in conflict therewith.

(Ord. No. 00-05, § 3, 5-23-00; Ord. No. 00-15, § 1, 9-6-00; Ord. No. 00-020, § 1, 12-12-00; Ord. No. 01-013, § 1, 6-19-01)

Sec. 1-12. - Service of warning notices, citations, and other legal notices required for enforcement.

(a)

Written warning notices, if applicable, and citations shall be provided to the alleged violator by:

(1)

Certified mail, return receipt requested, provided that such notice or citation is sent under this paragraph to the owner of the property in question at the address listed in the tax collector's office for tax notices and at any other address provided to the local government by such owner;

(2)

Leaving the notice or citation at the violator's (or defendant's or respondent's) usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or

(3)

In the case of commercial premises, leaving the notice or citation with the manager or other person in charge;

(4)

Hand delivery to the alleged violator, defendant, or respondent.

(b)

Legal notices, other than written warning notices or citations, required to enforce the County Code of Ordinances, may be served by any of the methods described in subsection (a) of this section. In addition, such notices may be served by publication or posting, as follows:

(1)

Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements. Proof of publication shall be made as provided in FS. §§ 50.041, 50.051, as now or subsequently amended.

(2)

In lieu of publication, such notice may be posted for at least ten days prior to any hearing described in the notice or ten days prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property that is the subject of the notice and the other of which shall be at or near the front door of the main county governmental center in New Port Richey, Florida, in Pasco County. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.

(3)

Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by certified mail as required under subsection (a).

(4)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a), together with proof of publication or posting as provided in subsection (b), shall be sufficient to show that notice requirements have been met, without regard to whether or not the alleged violator actually received such notice.

(Ord. No. 03-28, § 2, 11-4-03)