Article I. In General  


§ 12-1. Legislative intent.
Effective: Tuesday, June 21, 2016

In accordance with authority granted by F.S. Ch. 162 and 166 it is the intent of the city commission to promote, protect, and improve the health, safety and welfare of the citizens of Lake Wales; to provide an equitable, expeditious, effective and inexpensive method enforcing any city code or ordinance where a violation exists; and to provide authority for the immediate issuance of a citation if a repeat violation is found, if a violation presents a serious threat to the public health, safety or welfare, or if a violation is irreparable or irreversible.

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-2. Definitions and rules of construction.
Effective: Tuesday, June 21, 2016

(a) The following words, terms or phrases, when used in this article, shall have the meanings ascribed to them in this section:

Code enforcement board. The board appointed by the city commission in accordance with authority granted by F.S. § 162.03, and established to impose administrative fines severally.

Code enforcement officer. Any designated or authorized employee or agent of the city whose duty it is to enforce or assure compliance with city codes and ordinances.

Continuing violation. A violation which continues to occur after notice to correct the violation has been issued to the violator. Each day a violation continues shall constitute a separate infraction, and a penalty may be assessed for each day of continuing violation.

Person. Any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly or severally.

Repeat violation. A violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have violated the same provision within five (5) years prior to the violation.

Violation. Any act or failure to act which results in an infraction of a duly enacted city code or ordinance.

(b) For the purpose of administration and enforcement of city codes, unless otherwise stated in this article, the following rules of construction shall apply:

The word "shall" is always mandatory and not discretionary;

The word "may" is permissive.

Unless the context clearly indicates the contrary, where regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or " or "either" 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" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-3. Applicability.
Effective: Tuesday, June 21, 2016

The provisions of this article shall apply in the incorporated area of Lake Wales to the enforcement of city codes as they may be amended from time to time.

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-4. Severability.
Effective: Tuesday, June 21, 2016

If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of these regulations shall continue in full force and effect, it being the intent of the city commission to have adopted these regulations without such unconstitutional or invalid section, subsection, paragraph, sentence, clause or phrase.

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-5. Authority and Liability of City Officials
Effective: Tuesday, June 21, 2016

a) It is unlawful for any person to obstruct or resist the City Manager, his designee, or any person authorized by the City Manager in the discharge of his duties, as provided for in this chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed five hundred dollars($500.00) , imprisonment in jail not to exceed sixty (60) days or both.

b) The City Manager, his designee, or the City shall not be liable for any damages caused during the removal or impounding of any vehicle(s) or vessel(s) impounded or disposed of in accordance with the provisions of this chapter.

c) In addition to enforcement procedures provided under this chapter, any person violating any prohibitions against an unlicensed, abandoned, wrecked, dismantled, derelict or inoperative vehicle(s), vessel(s), or any other property may be subject to code enforcement procedures and penalties in accordance with this chapter

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-6. Notice to Abate a Nuisance
Effective: Tuesday, June 21, 2016

a) It shall be the duty of any person receiving the notice of a public nuisance(s) as provided in this Chapter to comply with the provisions of the notice and to abate such nuisances(s) within ten(10) days after the receipt of such notice, and if such person shall fail or refuse to abate such nuisances(s) within ten (10) days from receipt of such notice within just cause, such failure is declared to be unlawful and shall constitute a misdemeanor. Each day such nuisances(s) persists shall constitute a separate violation.

b) It is unlawful and shall constitute a misdemeanor for any person, after having received notice as provided in this chapter, to remove any nuisances(s) from any property to any other property upon which storage is not permitted.

c) If the nuisance is not abated within the time provided, and after notice has been given in accordance with F.S. 162, the city may abate the nuisance, and the cost of abatement may be charged to the owner of the nuisance or assessed against the land upon which the nuisance exists or both.

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-7. Repeat violator status
Effective: Tuesday, June 21, 2016

When a property owner violates any article within the City Code three (3) times within a five (5) year period and is notified in accordance with the procedures herein, the owner shall be considered for an automatic code enforcement board hearing to be shown as repeatedly contributing to a nuisance, and any further violations of the same ordinance shall subject the owner to a repeat offender status and a fine not to exceed five hundred dollars ($500.00) for each day the violation continues, in addition to any and all costs as foredescribed

(Ord. No. 2016-08, § 1, 06-21-16)
§ 12-8. Penalties.
Effective on Tuesday, July 18, 2017

Any person violating the provisions of this Chapter shall be punished as provided in section 1-15.

(Ord. No. 2017-12, § 1, 7-18-2017)