Title 5 · Chapter 5 - CODE ENFORCEMENT

Chapter 5 - CODE ENFORCEMENT

Section: 5

Sec. 3.09. - Service Fee for Use of Harry P. Leu Gardens. Chapter 6 - CONTROL AND REGULATION OF ANIMALS Chapter 5 - CODE ENFORCEMENT

ARTICLE I. - CODE ENFORCEMENT BOARD

Sec. 5.01. - Code Enforcement Board Created; Composition; Terms; Removal; Organization.

(1)

Pursuant to Chapter 162, Florida Statutes, there is hereby created a Code Enforcement Board of the City of Orlando, Florida, which shall consist of seven (7) members appointed by the Mayor subject to confirmation by the City Council. All members shall be residents of the City and shall serve without compensation.

(2)

The membership of the Code Enforcement Board shall be made on the basis of experience or interest in the fields of zoning and building control and shall, whenever possible, include:

(a)

An architect.

(b)

A businessman.

(c)

An engineer.

(d)

A general contractor.

(e)

A subcontractor.

(f)

A realtor.

Each Board member's term shall be for a period of three (3) years. A Board member may be reappointed by the Mayor for one successive term upon approval of the City Council. Appointments to fill any vacancy on the Code Enforcement Board shall be for the remainder of the unexpired term of office.

(3)

Reserved.

(4)

If any member of the Code Enforcement Board fails to attend two (2) of three (3) successive meetings without cause and without prior approval of the Chairman, the Board shall declare the member's office vacant, and the vacancy shall be filled by appointment by the Mayor subject to confirmation by the City Council.

(5)

Members of the Code Enforcement Board may be suspended and removed from office by the Mayor for cause with the approval of the City Council.

(6)

At the first meeting of the Code Enforcement Board, the members thereof shall elect a Chairman and a Vice Chairman from among the Board members. The presence of four (4) or more members shall constitute a quorum of the Code Enforcement Board necessary to take action.

(7)

Regular meetings of the Board shall occur no less frequently than once every two (2) months, but the Board may meet as often as necessary. Special meetings of the Board may be convened by the Chairman upon giving notice thereof to each other member of the Board. The notice of a special meeting shall be given at least twenty-four (24) hours prior thereto.

(8)

Minutes shall be maintained of all meetings and hearings held by the Code Enforcement Board, and all meetings, hearings and proceedings shall be open to the public.

(9)

The Code Enforcement Division shall provide clerical and administrative support to the Code Enforcement Board as may be reasonably required by the Board for the proper performance of its duties.

(10)

The Code Enforcement Board may adopt rules and regulations necessary to carry out the provisions of this chapter provided such rules and regulations are not inconsistent with this Chapter or Florida Statutes ch. 162.

(Ord. of 5-18-1981, § 1; Ord. of 5-11-1992, Doc. #25691; Ord. of 11-14-1994, Doc. #28028; Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. of 11-2-2009, § 1, Doc. #0911021105; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.02. - Legal Counsel.

(1)

An attorney may be appointed by the Mayor, subject to confirmation by the City Council, to attend meetings of the Board and to assist the Board in the conduct of its hearings.

(2)

A member of the City Attorney's staff shall represent the City, when necessary, by presenting cases before the Board.

(3)

In no event may the City Attorney or a member of his staff serve in both capacities.

(Ord. of 5-18-1981, § 1; Ord. of 2-6-1995, Doc. #28220)

Sec. 5.03. - Jurisdiction.

(1)

The Code Enforcement Board shall have the jurisdiction to hear and decide alleged violations of, and pursuant to section 5.12 citations may be issued for alleged violations of, the following codes and ordinances of the City of Orlando:

(a)

Building Security Code—Chapter 9 of the Code of the City of Orlando.

(b)

Building Code—Chapter 13 of the Code of the City of Orlando.

(c)

Electrical Code—Chapter 22 of the Code of the City of Orlando.

(d)

Communications Right-of-Way Utilization Ordinance—Chapter 23 of the Code of the City of Orlando.

(e)

Fire Prevention Code—Chapter 24 of the Code of the City of Orlando.

(f)

Solid Waste Management—Chapter 28 of the Code of the City of Orlando.

(g)

Gas Code—Chapter 29 of the Code of the City of Orlando.

(h)

Regulation of Sewer Use and Rates—Chapter 30 of the Code of the City of Orlando.

(i)

Property Maintenance Code—Chapter 14 of the Code of the City of Orlando.

(j)

Stormwater Utility Code—Chapter 31 of the Code of the City of Orlando.

(k)

Lakes and Boating—Chapter 35 of the Code of the City of Orlando.

(l)

Licenses—Chapter 36 of the Code of the City of Orlando.

(m)

Adult Entertainment Code—Chapter 37 of the Code of the City of Orlando.

(n)

Noise—Chapter 42 of the Code of the City of Orlando.

(o)

Trees and Shrubs—Sections 43.32 through and including 43.34 of Chapter 43 of the Code of the City of Orlando.

(p)

Plumbing Code—Chapter 47 of the Code of the City of Orlando.

(q)

Air Conditioning, Refrigeration, Heating and Ventilating Code—Chapter 47A of the Code of the City of Orlando.

(r)

Streets and Sidewalks—Chapter 54 of the Code of the City of Orlando.

(s)

Regulation of Taxicabs, Limousines, Luxury Sedans, Shuttles and other Vehicles-for-Hire—Chapter 55 of the Code of the City of Orlando.

(t)

Land Development Regulations of the City of Orlando, more particularly:

Chapter 58—Zoning Districts and Uses

Chapter 59—Concurrency Management

Chapter 60—Subdivision and Landscaping

Chapter 61—Roadway Design and Access Management

Chapter 62—Historic Preservation and Architectural Design

Chapter 63—Environmental Protection

Chapter 64—Signs

Chapter 65—Officers, Boards, and Procedures

Chapter 66—Definitions

(u)

Gasoline Station Sign Requirements—Section 43.89 of the Code of the City of Orlando.

(v)

Alcoholic Beverages—Chapter 33 of the Code of the City of Orlando.

(2)

The jurisdiction of the City of Orlando Code Enforcement Board shall not be exclusive. Nothing in this Article shall be construed to prohibit the City from enforcing its codes and ordinances by any other means including, but not limited to, a summons, a notice to appear in County Court, an arrest, issuance of a citation, a civil action for injunctive relief, a stop work order, or demolition.

(Ord. of 5-18-1981, § 1; Ord. of 8-22-1983, Doc. #18000; Ord. of 10-22-1984, Doc. #18899; Ord. of 3-26-1990, Doc. #23789; Ord. of 9-16-1991, Doc. #25090; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 6-18-2001, § 2, Doc. #33875; Ord. No. 2010-4, § 2, 6-7-2010, Doc. #1006071103; Ord. No. 2010-46, § 2, 10-18-2010, Doc. #1010181111; Ord. No. 2013-60, § 1, 12-9-2013, Doc. #1312091201; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203; Ord. No. 2018-33, § 3, 8-6-2018, eff. 1-1-2019, Doc. #1808061204; Ord. No. 2022-46, § 1, 9-26-2022, Doc. #2209261202)

Sec. 5.04. - Enforcement Procedure.

(1)

For the purpose of this Chapter, "code officer" means any authorized agent or employee of the City of Orlando whose duty it is to insure compliance with the codes and ordinances of the City.

(2)

For the purposes of this Chapter, "violator" means any owner, operator, or legally responsible individual or business entity, who owns, leases, or maintains property that is alleged to have violated City codes and ordinances. Owners are ultimately responsible for controlling conditions and uses on their property "Violator" also refers to the individual or business entity that actually committed the alleged code violation. "Violator" also refers to the Responsible Person as provided in Sec. 33.02(p).

(3)

It shall be the duty of the Code Officer to initiate enforcement proceedings of the various codes and ordinances. No member of the Code Enforcement Board shall have the power to initiate such enforcement proceedings.

(4)

Except as provided in Subsections (6), (7), (8) and (9), below, if a violation of the codes or ordinances is found, the Code Officer shall notify the alleged violator and give him or her a reasonable time to correct the violation. Notice shall:

Be in writing.

Include a description of the real estate or address sufficient for identification.

Specify the violation(s) by code citation and factual description and state the corrective action required.

Include a schedule as to the time allowed for completion of the required corrective action(s) necessary to bring the property or violation into compliance with the City of Orlando Codes.

Be considered to be delivered by depositing the notice in the United States Post Office addressed to the property owner at his last known address listed in government records.

Indicate that, if the violation is not corrected within the time specified, a hearing will take place before the Code Enforcement Board.

Unless provided otherwise in this Code, the time given to comply with minor violations as defined in this Code shall not exceed one hundred twenty (120) days, and the time given to comply with major violations as defined in this Code shall not exceed forty-five (45) days.

Any violation not corrected in the time and manner specified in the notice pursuant to this Section may be referred to the Code Enforcement Board created pursuant to this Chapter. Major or cumulative minor violations which are deteriorating into hazardous or nuisance conditions may also be subject to proceedings under this section.

(5)

Should the violation continue beyond the time specified for correction, the Code Officer shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed to said violator as provided in Sec. 5.09. If notice by personal service or by mail is not feasible, the City Attorney's Office may opt to serve notice by publication as provided in Sec. 5.09. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code Officer, the case may be presented to the Code Enforcement Board even if the violation has been corrected prior to the Board's hearing, and the notice shall so state.

(6)

If the Code Officer 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, the Code Officer shall make a reasonable effort to notify the violator and may immediately notify the Code Enforcement Board and request a hearing.

(7)

If the violation creates a situation where City action is necessary to eliminate an imminent public nuisance, the following notice procedures shall be utilized:

(a)

Notice to Vacate. Whenever the Building Official, code official, Fire Marshall, or their Designee, shall declare a building unfit for human occupation and constituting a nuisance, they shall give notice to the owner and occupant(s) of such declaration and placard the building as unfit for human occupancy. Such notice shall:

(1)

Contain all elements required by article V, Chapter 14 of the Property Maintenance Code;

(2)

State the time and date by which occupants must vacate the building;

(3)

State that if such repairs, reconstruction, alterations, removal, or demolition are not voluntarily completed within the stated time as set forth in the notice, the Building Official, code official, Fire Marshall, or their Designee, shall initiate enforcement proceedings charging the person or persons, firm, corporation, or agent with a violation of this Code; and

(4)

Inform the owner and the occupant(s) of their right to appeal the condemnation decision to the Code Enforcement Board.

(b)

Service of Notice. Service of notice to vacate shall be as follows:

(1)

By delivery to the owner and the occupant personally, or by leaving the notice at the usual place of abode of the owner and the occupant with a person of at least 15 years of age; or

By delivery of a letter by certified or registered mail containing a notice addressed to the owner and the occupant at their last known address listed in the government records with postage prepaid thereon; and

(2)

By posting and keeping posted for seven (7) days a copy of the notice in placard form, in a conspicuous place on the premises to be vacated.

(c)

Vacating of Declared Building. Any building condemned as unfit for human occupancy or occupation, and so designated and placarded by the Building Official, code official, Fire Marshall, or their Designee, shall be vacated immediately after notice of such condemnation has been given by the Building Official, code official, Fire Marshall, or their Designee, to the owner and the occupant(s) of the building in accordance with subsection (b).

(d)

Requesting a Hearing. The owner or the occupant(s) shall be permitted to request a hearing before the Code Enforcement Board regarding the condemnation decision within 15 calendar days of the City's delivery or posting of notice to vacate. A hearing shall be held before the Code Enforcement Board within four (4) business days of receiving a hearing request. The Code Enforcement Board shall issue a notice of hearing to both the owner of the premises and the occupant(s) requesting the hearing. Any occupant who seeks a hearing on the condemnation decision may be heard in the Code Enforcement Board action. The notice of hearing shall be delivered in accordance with subsection (b)(1). An appeal from a decision of the Code Enforcement Board regarding the condemnation of property shall be governed by the provisions of F.S. § 162.11.

(e)

Occupancy of Building. No building which has been condemned and placarded as unfit for human occupancy or occupation shall again be used for human occupancy or occupation until approval is secured from and such placard is removed by the Building Official, Fire Marshall, or code official, or their Designee. The Building Official, code official, Fire Marshall, or their Designee, shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(f)

Condemnation Placards. Such placards must include a brief and concise summary of the conditions necessitating the condemnation. This shall be accomplished by leaving space on the placard to allow a code official to write in the summary.

(g)

Removal of Placard or Notice. No person shall deface or remove the placard from any building which has been condemned as unfit for human occupation and placarded as such, except as provided in the preceding subsection.

(h)

Penalty for Violation of this Section. Any person who violates any provision of this Section shall be punished as provided in Section 1.08 of the Orlando City Code.

(8)

If exigent circumstances create a situation where City action is necessary to eliminate an imminent public nuisance, the notice procedures set forth in subsection (7) shall be utilized, except that a hearing, if desired, shall be requested in accordance with the procedures governing emergency action in article V, Chapter 14 of this Code. Such hearing may occur after the deadline for vacating.

(9)

(a)

For the purpose of this Chapter, "repeat violation" means a violation of a City 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 current violation.

(b)

If a repeat violation is found, the Code Officer shall notify the violator, but is not required to give the violator a reasonable time to correct the violation. The Code Officer, upon notifying the violator of a repeat violation, shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to Section 5.09 of the City Code. The case may be presented to the Code Enforcement Board even if the repeat violation has been corrected prior to the hearing before the Code Enforcement Board, and the notice shall so state.

(Ord. of 5-18-1981, § 1; Ord. of 4-11-1988, Doc. #21999; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. of 11-2-2009, § 1, Doc. #0911021105; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203; Ord. No. 2018-33, § 3, 8-6-2018, eff. 1-1-2019, Doc. #1808061204; Ord. No. 2021-22, § 1, 5-17-2021, Doc. #2105171204; Ord. No. 2022-46, § 1, 9-26-2022, Doc. #2209261202)

Sec. 5.05. - Conduct of Hearing.

(1)

Upon request of the Code Officer, or at such other times as may be necessary, the Chairman of the Code Enforcement Board may call a hearing. Hearings may also be called by written notice signed by at least three (3) members of the Code Enforcement Board. Minutes shall be kept of all hearings by the Code Enforcement Board and all hearings and proceedings shall be open to the public. The Code Enforcement Division shall provide clerical and administrative personnel as may be reasonably required by the Code Enforcement Board for the proper performance of its duties.

(2)

Upon scheduling of a hearing, the Board shall cause notice thereof to be furnished to the alleged violator by certified mail, return receipt requested, by personal service, or by publication. Said notice of hearing shall contain the name of the violator, date, time and place of the hearing and shall state the nature of the violation and reference to the appropriate code or ordinance. In cases involving condemnation, the notice of hearing shall be served in accordance with section 5.04(7)(b)(1).

(3)

At the hearing, the burden of proof shall be upon the Code Officer to show, by a preponderance of the evidence, that a violation does exist.

(4)

Upon receipt of evidence that proper notice of the hearing has been provided to the alleged violator and/or tenant as provided in subsection (2) above, or provided to the owner and occupant(s) of a condemned building as provided in section 5.04(7)(b)(1), a hearing shall proceed in the absence of the alleged violator, tenant(s), or occupant(s), as the case may be.

(5)

All testimony shall be under oath and shall be recorded. The Board shall take testimony from the Code Officer and alleged violator and from such other witnesses as defined in the Code Enforcement Board's rules and regulations as may be called by the respective sides.

(6)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern the proceedings.

(7)

Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of the State of Florida.

(8)

Any member of the Board, or an attorney appointed to represent the Board, may inquire of any witness before the Board. The alleged violator, or his attorney, and the attorney representing the Code Officer shall be permitted to inquire of any witness before the Board and shall be permitted to present brief opening and closing statements.

(9)

At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence in the record, and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted by Florida Statute and by this Chapter. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) days after the hearing. The finding(s) shall be by motion approved by a majority of those present and voting; provided, however, that at least four (4) members of the Board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date, that a fine may be imposed, and that the cost of repairs may be included in addition to the fine if the order is not complied with by said date. The order may also include a notice that a repeat violator provision has been invoked pursuant to Florida Statutes Ch. 162, for which a fine may be reactivated without the necessity for a hearing if the same violation is repeated by the violator.

(10)

A certified copy of an order may be recorded in the public records of Orange County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property. The findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns.

(11)

If an order is recorded in the public records pursuant to 5.05(10) and the order is complied with by the date specified in the order, the Code Enforcement Board shall issue an order acknowledging compliance which shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(12)

If the City prevails in prosecuting a case before the Code Enforcement Board, it shall be entitled to recover all costs incurred in said prosecution.

Sec. 5.06. - Powers of the Code Enforcement Board.

The Code Enforcement Board shall have the power to:

(1)

Adopt rules for the conduct of its hearings.

(2)

Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the Orlando Police Department.

(3)

Subpoena evidence to its hearings.

(4)

Take testimony under oath.

(5)

Issue orders having the force and effect of law, commanding whatever steps are necessary to bring a violation into compliance, including but not limited to the securing, repairing, condemning, vacating and or demolition of structures containing the conditions hazardous to the public health, safety and welfare, pursuant to the provisions of this Chapter and article V, Chapter 14 of the Property Maintenance Code.

(6)

Issue orders reversing or modifying a condemnation order if evidence warrants such action.

(7)

Establish, levy, waive, reduce or alter fines pursuant to Section 5.07.

(8)

Hear appeals of any person affected by a notice issued in connection with enforcement of article V, Chapter 14 of the Property Maintenance Code, providing that said person shall have filed a Notice of Appeal with the Code Enforcement Board Recording Secretary within thirty (30) days of the administrative determination or act sought to be challenged, and providing that said Notice of Appeal shall explain the basis of the challenge to the administrative determination or act.

(9)

Hear appeals of any person affected by a notice issued in connection with enforcement of subsection 5.04(7), providing that said person shall have filed a Notice of Appeal with the Code Enforcement Board Recording Secretary within fifteen (15) days of the administrative determination or act sought to be challenged, and providing that said Notice of Appeal shall explain the basis of the challenge to the administrative determination or act.

(10)

Hear appeals of any establishment relating to the issuance, suspension, or revocation of a Permit pursuant to Chapter 33, City Code of Orlando.

(Ord. of 5-18-1981, § 1; Ord. of 7-20-1981, § 1; Ord. of 4-11-1988, Doc. #21999; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. of 11-2-2009, § 1, Doc. #0911021105; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203; Ord. No. 2018-33, § 3, 8-6-2018, eff. 1-1-2019, Doc. #1808061204; Ord. No. 2023-8, § 1, 3-20-2023, eff. 5-1-2023, Doc. #2303201211)

Sec. 5.07. - Fines and Penalties; Costs of Repair; Liens.

(1)

In the case of a first "violation" the Code Enforcement Board may order the violator to pay a fine not to exceed one thousand dollars ($1,000.00) for each day the violation continues past the date set by the Board's order for compliance.

(2)

In cases where the same violation(s) has been committed by the same violator pursuant to 5.04(9)(b) and where the Code Enforcement Board has found that such violations(s) did occur, the Code Enforcement Board may order a Repeat Violator Penalty not to exceed five thousand dollars ($5,000.00) per day for each day the repeat violation continues, beginning with the date the repeat violation is found by the Code Officer to have occurred, and a hearing shall not be necessary for issuance of the order imposing the fine.

(3)

However, if the Code Enforcement Board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation.

(4)

In determining the amount of any fine, the Code Enforcement Board shall consider the following factors:

(a)

the gravity of the violation;

(b)

any actions taken by the violator to correct the violation and;

(c)

any previous violations committed by the violator.

(5)

A certified copy of an order imposing a fine may be recorded in the Public Records of Orange County, Florida, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the Circuit Court, such order may be enforced in the same manner as a court judgment by the sheriffs of the State of Florida, including levy against the personal property, but shall not be deemed otherwise to be a court judgment except for enforcement purposes. A fine imposed pursuant to this Chapter shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever comes first. The Code Enforcement Board may authorize the City Attorney to foreclose on any such lien which remains unpaid more than three (3) months from the filing thereof. No lien created pursuant to the provisions of this Chapter may be foreclosed on real property which is a homestead under § 4, Art. X, of the State Constitution.

(6)

No lien provided by this Chapter shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

(7)

If the violation is a violation described in Section 5.04(6), (7) and (8), the Code Enforcement Board shall notify the City, which may make all reasonable repairs in order to bring the property into compliance, and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section.

(8)

A fine imposed pursuant to this section may include all costs pursuant to subsection (6).

(9)

The City may charge the violator for all costs incurred in recording and satisfying a valid lien.

(Ord. of 5-18-1981, § 1; Ord. of 4-11-1988, Doc. #21999; Ord. of 5-11-1992, Doc. #25691; Ord. of 7-25-1994, Doc. #27719; Ord. of 2-6-1995, Doc. #28220; Ord. of 10-15-2001, § 1, Doc. #0110151005; Ord. of 11-12-2003, Doc. #031110706, § 1; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.08. - Appeal.

(1)

An aggrieved party, including the City of Orlando, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the Code Enforcement Board. An appeal shall be governed by the provisions set forth in § 162.11, Florida Statutes, and shall be filed within thirty (30) days of the execution of the order to be appealed.

(2)

The scope of review shall be limited to the record made before the Code Enforcement Board and shall not be a trial de novo.

(Ord. of 5-18-1981, § 1; Ord. of 5-11-1992, Doc. #25691; Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.09. - Notices.

(1)

All notices of violation required by this Chapter shall be provided to the alleged violator by certified mail, return receipt requested; or by hand delivery by the sheriff or other law enforcement officer, Code Officer, or other person designated by City Council; or by leaving the notice at the alleged violator's usual place of residence with any person residing therein who is above fifteen (15) years of age and informing such person of the contents of the notice. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If leaving notice at commercial premises, notice shall be left with the manager or other person in charge.

(2)

In addition to providing notice as set forth in Subsection (1), at the option and direction of the City Attorney's Office, notice may also be served by publication as follows:

(a)

Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Orange County.

(b)

The newspaper shall meet such requirements as are prescribed under Florida Statutes Ch. 50 for legal and official advertisements.

(c)

Proof of publication shall be made as provided in Florida Statutes §§ 50.041 and 50.051.

(d)

Notice by publication may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under Subsection (1).

(e)

Evidence that an attempt has been made to hand deliver or mail notice as provided in Subsection (1), together with proof of publication as provided in Subsection (2) or posting as provided in Subsection (3), shall be prima facie proof that the notice requirements of this Chapter have been met, without regard to whether or not the alleged violator actually received notice.

(3)

In lieu of publication as described in subsection (2), such notice may be posted for at least ten (10) days prior to the hearing or prior to the expiration of any deadline contained in the notice at the property upon which the violation is alleged to exist and at the office of the City Clerk.

ARTICLE II. - CODE ENFORCEMENT CITATIONS

Sec. 5.10. - Authority and Purpose.

(1)

This Article is adopted pursuant to Florida Statutes ch. 162, pt. II, as a supplemental method of enforcing certain of the codes and ordinances of the City of Orlando, and is enacted to protect the public health, welfare and safety of the citizens of said City.

(2)

Nothing in this Article shall be construed to prohibit the City from enforcing its codes and ordinances by any other means including, but not limited to, a summons, a notice to appear in the County Court, an arrest, an action before the Code Enforcement Board, a civil action for injunctive relief, a stop work order, or demolition.

(Ord. of 2-6-1995, Doc. #28220)

Sec. 5.11. - Designation of Code Enforcement Officers.

(1)

For the purpose of this article, the City Council of the City of Orlando hereby designates all code inspectors, sworn law enforcement officers, vehicle for hire officers, fire inspectors, community service officers, designated park staff, airport safety officers, and parking control officers as "code enforcement officers" who shall have the power and authority to enforce the Codes and Ordinances of the City as set forth in this article.

(2)

The training and qualifications of the code enforcement officers shall be established by City Council.

(3)

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 Florida Statutes ch. 943.

(4)

Nothing in this Article shall be construed to amend, alter, or contravene the provision of any retirement or pension plan or system administered by the City.

(Ord. of 2-6-1995, Doc. #28220; Ord. of 1-14-2002, § 1, Doc. #020114708; Ord. of 8-28-2006, § 1, Doc. #0608281005)

Sec. 5.12. - Citation Authorization; Violation as Civil Infraction; Maximum Civil Penalty.

(1)

Any code enforcement officer, designated pursuant to Section 5.11, is hereby authorized to issue a citation to a person (as defined and construed in Section 1.02 of this Code) when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a violation of a duly enacted code or ordinance set forth in Section 5.19.

(2)

A code or ordinance violation, for which a citation may be issued pursuant to this Article, shall be deemed to be a civil infraction.

(3)

The maximum civil penalty for such a civil infraction shall not exceed $500.00 per violation plus all applicable costs of prosecution and legislative assessments plus court costs.

(4)

Each violation of a code or ordinance shall be a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction.

(Ord. of 2-6-1995, Doc. #28220; Ord. of 8-28-2006, § 1, Doc. #0608281005; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.13. - Notice Prior to Citation Issuance; Exception.

(1)

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 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 thirty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation.

(2)

A code enforcement officer shall not be required 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.

(Ord. of 2-6-1995, Doc. #28220)

Sec. 5.14. - Service of Warning Notice or Citation.

(1)

Written warning notices, if applicable, and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents or by registered or certified mail, return receipt requested.

(2)

Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations.

(Ord. of 2-6-1995, Doc. #28220)

Sec. 5.15. - Form of Contents of Citation; Filing With Court.

A citation issued by a code enforcement officer shall be in a form prescribed by the City Council, or promulgated by administrative order issued by the Chief Judge of the Ninth Judicial Circuit in the case of a uniform code citation, and shall contain:

The date and time of issuance;

The name and address of the person to whom the citation is issued;

The date and time the civil infraction was committed;

The facts constituting reasonable cause;

The number of the section of the code or ordinance violated;

The name and authority of the code enforcement officer;

The procedure for the person to follow in order to pay the civil penalty or to contest the citation;

The applicable civil penalty if the person elects to contest the citation;

The applicable civil penalty if the person elects not to contest the citation; and

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 citation, he or she shall be deemed to have waived his or her 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.

After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original and one copy of the citation with the County Court, by filing same with the Clerk of the Court.

(Ord. of 2-6-1995, Doc. #28220)

Sec. 5.16. - Refusal to Sign Citation.

(1)

Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree pursuant to Florida Statutes § 162.21(6).

(2)

If the person cited so refuses to sign the citation, the code enforcement officer shall write the words "Refused" or "Refused to Sign" in the space provided for the person's signature and shall then leave a copy of the citation with the person cited, if possible.

(3)

Following such refusal to sign, the code enforcement officer shall contact the Orlando Police Department to report such refusal as a violation of Florida Statutes § 162.21(6).

(Ord. of 2-6-1995, Doc. #28220)

Sec. 5.17. - Payment of Reduced Civil Penalty; Court Hearings.

(1)

If the person elects not to contest the citation, the person shall pay in full the applicable reduced civil penalty, as set forth herein, to the Clerk of the Court within fourteen (14) calendar days after issuance of the citation.

(2)

If the person cited elects to pay the applicable reduced civil penalty set forth herein, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the fourteenth (14th) calendar day after issuance of the citation or fails to request a court hearing within the time prescribed, the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in the amount up to the maximum civil penalty plus court costs. In addition, the Rule to Show Cause may be issued by the County Judge requiring the person cited to appear in County Court to explain the person's failure to pay or request a court hearing. Failure to respond to the Rule to Show Cause may result in issuance of an arrest warrant.

(3)

If the person elects to contest the citation, the person shall appear in court before a County Judge within twenty-one (21) calendar days of issuance of the citation to request a hearing date.

(4)

If the person cited has been previously cited for the same violation at least two (2) times within a twelve (12) month period, upon the issuance of a third or subsequent citation, the person shall not have the option of paying a reduced civil penalty but instead shall appear before a County Court Judge within twenty-one (21) calendar days to answer the charge.

(5)

A County Judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the County Judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus court costs. In no event, however, shall such civil penalty imposed by the County Judge be less than the reduced civil penalty set forth in Section 5.19.

(6)

The County Judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the County Judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty.

(7)

Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty; provided, however, that the Court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, the Clerk of the Court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, a Rule to Show Cause may be issued by the County Judge requiring the person cited to appear in County Court to explain the person's failure to appear at the hearing. Failure to respond to the Rule to Show Cause may result in issuance of an arrest warrant.

(8)

Should the person cited willfully fail to comply with a Court Order to abate or correct the violation, the Court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an Order to that effect.

(9)

In the event that a civil judgment is entered against the person cited as provided herein, the City may record a certified copy of said judgment in the Official Records of Orange County and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator.

(10)

In the event that an Order is entered finding that a violation of the ordinance cited has been committed, the City may record a certified copy of said Order in the Official Records of Orange County and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property.

(11)

At any hearing pursuant to this ordinance, the commission of a violation of a code or ordinance must be proved by a preponderance of the evidence. The Florida Rules of Civil Procedure and the Florida Evidence Code shall be applicable to any such hearing.

(Ord. of 2-6-1995, Doc. #28220; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.18. - Procedure for Payment of Civil Penalty.

Payment of any civil penalty imposed by this ordinance shall be made to the Clerk of the Court, who shall forward the monies collected to the City for deposit into the City's fund.

(Ord. of 2-6-1995, Doc. #28220; Ord. No. 2014-53, § 1, 10-19-2015, Doc. #1510191203)

Sec. 5.19. - Classes of Violations and Reduced Civil Penalties. modified

(1)

Violations of city codes and ordinances, and the applicable reduced civil penalties, shall be as follows: EXPAND Reduced Civil Penalty Violation Classifications First Offense Second Offense Third and Subsequent Offense Class I $ 50.00 $100.00 Court Hearing Mandatory Class II 100.00 200.00 Court Hearing Mandatory Class III 150.00 300.00 Court Hearing Mandatory Class IV 200.00 400.00 Court Hearing Mandatory Class V 500.00 500.00 Court Hearing Mandatory

(2)

Violations of City codes and ordinances which constitute civil infractions for which citations may be issued are as follows: EXPAND Code/Ordinance Chapter or Section Description Class CH. 6, CONTROL AND REGULATION OF ANIMALS Sec. 6.01 Removal of excreta by any animal on public property II Sec. 6.19 Compliance with backyard chicken restrictions II CH. 10, BICYCLES, SCOOTERS, MICROMOBILITY DEVICES AND BICYCLE PATHS Sec. 10.02 Riding on Sidewalks and Bicycle Paths II Sec. 10.03 Parking a Bicycle II Sec. 10.04 Bicycle Sharing IV Sec. 10.05 Motorized Scooters Pilot Program CH. 13, BUILDING CODE Sec. 103.1.1 of the Florida Building Code adopted by City Code Section 13.01 Permit required II CH. 14, PROPERTY MAINTENANCE CODE Sec. 14.08 General requirements II Sec. 14.09 General requirements II Sec. 14.10 General requirements II Sec. 14.11 General requirements II Sec. 14.12 General requirements II Sec. 14.13 Exterior and interior of structures II Sec. 14.14 Exterior and interior of structures II Sec. 14.15 Exterior and interior of structures II Sec. 14.16 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.17 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.18 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.19 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.20 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.21 Public nuisances or hazards to public health, safety and welfare—authority to require repair, remove, secure or demolish IV Sec. 14.22 Lot cleaning II Sec. 14.23 Lot cleaning II Sec. 14.24 Lot cleaning II Sec. 14.25 Lot cleaning II Sec. 14.26 Lot cleaning II Sec. 14.27 Lot cleaning II Sec. 14.28 Lot cleaning II CH. 18A, PARKS AND OUTDOOR PUBLIC ASSEMBLIES Sec. 18A.09(2) Violation of posted park rules II CH. 24, FIRE PREVENTION CODE Sec. 24.02 Compliance with NFPA codes and standards adopted in Chapter 32 through Rule 4A-60 III Sec. 24.02(c) Compliance with adopted NFPA 1 or NFPA 101 III Sec. 24.04 Use of building IV Sec. 24.04(a) New construction or existing building IV Sec. 24.04(c) One or two family dwelling II Sec. 24.04(e) Compliance with most stringent code III Sec. 24.04(f) Mixed occupancy III Sec. 24.04(g) Vehicles and vessels III Sec. 24.04(h) Changes of occupancy III Sec. 24.04(h)(1) New building compliance III Sec. 24.04(h)(2) Existing conditions III Sec. 24.04(h)(3) Additions, alterations or repairs to any building IV Sec. 24.05 Equivalencies and compliance IV Sec. 24.05 Equivalencies and requirements IV Sec. 24.05(g) Maintenance and testing II Sec. 24.05(g) The owner shall be responsible for code compliance II Sec. 24.05(g) Proof of compliance II Sec. 24.08(e)(1) Authority to inspect buildings II Sec. 24.08(e)(2) Authority to abate hazardous conditions IV Sec. 24.08(e)(3) Authority to enter a building II Sec. 24.08(f) Existing conditions that present imminent danger IV Sec. 24.08(f) Abatement of unsafe condition IV Sec. 24.08(g) Persons shall not interfere with an authority having jurisdiction II Sec. 24.08(h) Persons shall not impersonate the authority having jurisdiction II Sec. 24.08(j)(1) Plans required I Sec. 24.08(j)(2) Provide electronic copy of plans I Sec. 24.08(k)(2) Work is concealed without inspection IV Sec. 24.08(k)(3)(l) Stop work orders III Sec. 24.08(k)(5) Inspections prior to issuance of certificate of occupancy IV Sec. 24.08(l)(1) Authority to order immediate evacuation IV Sec. 24.09(c) No person shall obstruct the operations of the fire department III Sec. 24.09(e) Crossing established barriers III Sec. 24.13(c) Misrepresenting information to Fire Department II Sec. 24.13(d) Permit compliance requirements III Sec. 24.13(g) Inspection before issuance of permit II Sec. 24.13(i) Applications for permits II Sec. 24.13(j) Conditions of permit III Sec. 24.13(l) A copy of the permit shall be posted I Sec. 24.13(o) New addition or alterations to permit III Sec. 24.13(q) Inspection after permit II Sec. 24.13(r)(3) Any person who engages in any business with revoked or suspended permit III Sec. 24.13(r)(4) Time limit II Sec. 24.15(a)(14) Permit required II Sec. 24.15(b) Shop drawings II Sec. 24.15(c) Responsibility of applicant II Sec. 24.15(m) Permit holder shall call for inspections III Sec. 24.17(b)(2) Authority to affix signage III Sec. 24.17(c) Removal of notice III Sec. 24.17(d) Failure to comply with Code III Sec. 24.17(e) Responsibility for code compliance II Sec. 24.17(e) Failure to abate hazard III Sec. 24.18(b) Documentation for fireworks sales III Sec. 24.18(c) Documentation available to review, to inspect and to copy III Sec. 24.18(d) Proof of exempt status III Sec. 24.18(e) Failure to comply with law enforcement III Sec. 24.18(f) Sale of fireworks without documentation III Sec. 24.18(g) Failure to retain records for 1 yr II Sec. 24.18(h) Failure to submit documentation to the City II Sec. 24.18(i) Misrepresentation of exempt status III Sec. 24.18(k) Failure to obtain permit from the City III Sec. 24.24(a) Spread of fire/maintaining a fire hazard III Sec. 24.24(b) Responsibility to prevent overcrowding III Sec. 24.24(c) Reporting Hazardous Condition I Sec. 24.24(d)(1) Notification of Fire Department of inoperative equipment I Sec. 24.24(d)(2) Attachments to fire escapes and fire protection equipment I Sec. 24.24(e) Disposal of hot and glowing materials II Sec. 24.24(f) Access to buildings II Sec. 24.24(g) Gated properties III Sec. 24.25(b)(1) Smoke removal system III Sec. 24.26(a) Fire walls, fire stops, fire rated partitions II Sec. 24.26(b) All fire and smoke doors II Sec. 24.26(c) Fire retardants I Sec. 24.27(a)(1) All standpipe systems installed in the city III Sec. 24.27(b)(1) Supervisory facilities for sprinkler systems II Sec. 24.27(c)(1) Automatic fire extinguishing system required IV Sec. 24.27(c)(2) Sprinkler system in high-rise buildings IV Sec. 24.27(c)(3) Sprinkler system in high-rise buildings IV Sec. 24.27(e) Installation of fire pumps III Sec. 24.30 Posting of fire lanes II Sec. 24.30(f) Fire hydrants required III Sec. 24.31 Flammable and combustible leakage II CH. 28, SOLID WASTE MANAGEMENT Sec. 28.14 Recycling I Sec. 28.15 Recycling I Sec. 28.16 Recycling I Sec. 28.17 Recycling I Sec. 28.18 Recycling I CH. 31, STORMWATER UTILITY CODE Sec. 31.05 Private facilities IV Sec. 31.09 Permit required II Sec. 31.19(1)(a) Discharge of: Petroleum products IV Sec. 31.19(1)(b) Solid waste I Sec. 31.19(1)(c) Pet waste I Sec. 31.19(1)(d) Chemicals IV Sec. 31.19(1)(e) Paints II Sec. 31.19(1)(f) Soaps I Sec. 31.19(1)(g) Laundry waste I Sec. 31.19(1)(h) Steam cleaning waste I Sec. 31.19(1)(i) Pesticides, herbicides/fertilizers IV Sec. 31.19(1)(j) Degreasers, solvents IV Sec. 31.19(1)(k) Heated waters II Sec. 31.19(1)(l) Sanitary sewage IV Sec. 31.19(1)(m) Chemically treated cooling water IV Sec. 31.19(1)(n) Antifreeze & other automotive products IV Sec. 31.19(1)(o) Lawn clippings, leaves, branches, etc. I Sec. 31.19(1)(p) Animal carcasses II Sec. 31.19(1)(q) Silt I Sec. 31.19(1)(r) Acids or alkalis IV Sec. 31.19(1)(s) Recreational vehicle waste I Sec. 31.19(1)(t) Dyes II Sec. 31.19(1)(u) Construction materials II Sec. 31.19(1)(v) Any groundwater which contains phosphorus or nitrogen concentrations greater than the surface water into which the groundwater is discharged II Sec. 31.19(1)(w) Any water which exceeds the state surface water standards III Sec. 31.19(1)(x) Toxic or poisonous solids or liquids IV Sec. 31.19(1)(y) Solids in such quantities or of such size capable of causing interference or obstruction to the flow in the city's stormwater system III Sec. 31.19(2) Washing of streets, buildings, sidewalks or parking areas I CH. 33, ALCOHOLIC BEVERAGES Sec. 33.03 Hours of service, sale, and consumption IV Sec. 33.05 Consumption or possession at Citrus Bowl prohibited IV Sec. 33.06 Open containers of alcohol on public property prohibited; exceptions IV Sec. 33.07 Late Night Alcohol Uses in the Downtown Entertainment Area IV Sec. 33.09 Sales and consumption restricted to licensed premises; exceptions IV Sec. 33.12 Providing alcoholic beverages for unlawful use; prohibited IV CH. 36, LICENSES Sec. 36.02(1) Occupational license required III CH. 39, ART. IX, TOWING OF VEHICLES Sec. 39.85 Compliance with state laws; towing without valid city business tax receipt or occupational license IV Sec. 39.86(1) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(2) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(3) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(4) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(5) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(6) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(7) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(8) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(9) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(10) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(11) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(12) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(13) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(14) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(15) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(16) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(17) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(18) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(19) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(20) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(21) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(22) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(23) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(24) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(25) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(26) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(27) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(28) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(29) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(30) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(31) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(32) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(33) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(34) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.86(35) Prerequisites to and requirements for trespass or private property towing and immobilization IV Sec. 39.88(1) Drop and immobilization fees and requirements for return to owner IV Sec. 39.88(2) Drop and immobilization fees and requirements for return to owner IV Sec. 39.88(3) Drop and immobilization fees and requirements for return to owner IV Sec. 39.88(4) Drop and immobilization fees and requirements for return to owner IV Sec. 39.88(5) Drop and immobilization fees and requirements for return to owner IV Sec. 39.89(1) Rates and fees; consumer notices; storage site requirements IV Sec. 39.89(2) Rates and fees; consumer notices; storage site requirements IV Sec. 39.89(3) Rates and fees; consumer notices; storage site requirements IV Sec. 39.89(4) Rates and fees; consumer notices; storage site requirements IV Sec. 39.90 Changing name to circumvent ordinance IV Sec. 39.91 Misrepresentation or falsifying document IV Sec. 39.92 Prohibited tows from public property IV CH. 41, FALSE ALARMS Sec. 41.05(5) Excessive false intrusion alarms II Sec. 41.06(5) Excessive false fire alarms II CH. 42, NOISE Sec. 42.03 Noises to which the standards apply II Sec. 42.04 Prohibited acts II Sec. 42.05 Additional prohibited acts II Sec. 42.07 Mechanical loud speakers or amplifiers II Sec. 43.28 Selling ice cream in proximity to schools I Sec. 43.32 Tree protection III Sec. 43.33 Tree protection III Sec. 43.34 Tree protection III Sec. 43.37 Discharge of waste water IV Sec. 43.75 Littering I Sec. 43.85 No selling on public property II Sec. 43.89 Gasoline station sign requirements IV Sec. 43.95 Possession of cannabis or cannabis paraphernalia II CH. 43A, STATE OF EMERGENCY Sec. 43A.04 Emergency Measures III Sec. 43A.05 Sale of Goods or Services at Excessive Prices III CH. 45, SOLICITOR'S PERMITS (COMMERCIAL) Sec. 45.01 Permit required IV CH. 54, STREETS AND SIDEWALKS Sec. 54.27-1 No selling on public rights-of-way II CH. 55, REGULATION OF TAXICABS, LIMOUSINES, LUXURY SEDANS, SHUTTLES, AND OTHER VEHICLES-FOR-HIRE Sec. 55.32 General enforcement regulations V Sec. 55.34 Enforcement of driver regulations V Sec. 55.35 Enforcement of vehicle permit-holder regulations V 55.102(1) Nonmotorized vehicle decal required V 55.106.(1) Driver permit required V CH. 58, ZONING DISTRICTS AND USES Sec. 58.103 Failure to obtain zoning approval I Sec. 58.200 General requirements II Sec. 58.201 Conformance with zoning requirements II Sec. 58.501 Accessory apartments I Sec. 58.513 Townhome development I Sec. 58.523 Average-lot development I Sec. 58.533 Cluster development I Sec. 58.543 Group housing—Procedural requirements II Sec. 58.544 Group housing II Sec. 58.551 Mobile home—Specific design requirements I Sec. 58.552 Mobile home—Occupancy requirements I Sec. 58.553 Mobile home—Maintenance I Sec. 58.555 Mobile home—Corner markers I Sec. 58.556 Mobile home—Stands I Sec. 58.557 Mobile home—Patios I Sec. 58.558 Mobile home—Utility connections I Sec. 58.559 Mobile home—Storage space I Sec. 58.561 Multi-family (3—5 dwelling units in R-2B)—Review standards I Sec. 58.562 Multi-family (3—5 dwelling units in R-2B)—Development standards I Sec. 58.571 Multi-family—Above 75 ft. in height—Review standards I Sec. 58.572 Multi-family—Above 75 ft. in height—Development standards I Sec. 58.582 Nursing homes II Sec. 58.591 Residential care facilities—Separation II Sec. 58.593 Residential care facilities—Lot area and dimensions II Sec. 58.594 Residential care facilities—Counting rule II Sec. 58.595 Residential care facilities—Signs II Sec. 58.596 Residential care facilities—State regulations II Sec. 58.597 Residential care facilities—Conditions II Sec. 58.601 Zero-lot line development—Review standards I Sec. 58.602 Zero-lot line development—Site layout I Sec. 58.603 Zero-lot line development—Procedural requirements I Sec. 58.604 Zero-lot line development—Site standards I Sec. 58.701 Adult entertainment facilities—Obscenity IV Sec. 58.702 Adult entertainment facilities—Dispersal IV Sec. 58.703 Adult entertainment facilities—Nonconforming uses IV Sec. 58.710 Alcoholic beverage establishments IV Sec. 58.720 General Requirements for Mobile Vendors II Sec. 58.721 Temporary Mobile Vending II Sec. 58.722 Stationary Mobile Vending II Sec. 58.723 Mobile Vending Events II Sec. 58.730 Mobile Services II Sec. 58.731 Permitted Mobile Service Uses II Sec. 58.741 Drive through facilities—Waiting areas II Sec. 58.742 Drive through facilities—Access and circulation II Sec. 58.743 Drive through facilities—Speaker boxes II Sec. 58.744 Drive through facilities—Traffic hazards II Sec. 58.745 Drive through facilities—Specific uses II Sec. 58.746 Drive through facilities—Car washes II Sec. 58.750 Fuel sales & auto service stations—Locational requirements II Sec. 58.751 Fuel sales & auto service stations—Contamination II Sec. 58.752 Fuel sales & auto service stations—Access and circulation II Sec. 58.753 Fuel sales & auto service stations—Driveways II Sec. 58.760 Junk yards—Requirements II Sec. 58.761 Junk yards—Contamination II Sec. 58.762 Junk yards—Discontinuance II Sec. 58.770 Personal storage facilities—General requirements II Sec. 58.771 Personal storage facilities—Use restrictions II Sec. 58.772 Personal storage facilities—Site design II Sec. 58.773 Personal storage facilities—Parking area design II Sec. 58.780 Recreational vehicle parks—General requirements II Sec. 58.781 Recreational vehicle parks—Locational requirements II Sec. 58.782 Recreational vehicle parks—Site design II Sec. 58.783 Recreational vehicle parks—Street design II Sec. 58.784 Recreational vehicle parks—Use restrictions II Sec. 58.785 Recreational vehicle parks—Certification II Sec. 58.786 Recreational vehicle parks—Specific standards II Sec. 58.790 Outside storage uses/facilities—General requirements III Sec. 58.791 Outside storage uses/facilities—Enclosed storage III Sec. 58.792 Outside storage uses/facilities—Screening and buffering III Sec. 58.793 Outside storage uses/facilities—Stored vehicles III Sec. 58.800 Recycling collection center—General requirements I Sec. 58.801 Recycling collection center—Use restrictions I Sec. 58.802 Recycling collection center—Locational requirements I Sec. 58.803 Recycling collection center—Parking area design I Sec. 58.804 Recycling collection center—Permitting I Sec. 58.811 Public schools—General requirements I Sec. 58.812 Public schools—Locational requirements I Sec. 58.813 Public schools—Design criteria I Sec. 58.821 Dwelling units—Commercial—Locational requirements II Sec. 58.822 Dwelling units—Commercial—Guest cottages II Sec. 58.831 Temporary uses—Use restrictions II Sec. 58.832 Temporary uses—Sales offices II Sec. 58.833 Temporary uses—Tents II Sec. 58.834 Temporary uses—Reuse II Sec. 58.841 Transmission & relay towers—Building-mounted towers II Sec. 58.842 Transmission & relay towers—Ground mounted towers II Sec. 58.850 Transmission & relay towers—Occupational license II Sec. 58.850 Vertiports—Design III Sec. 58.852 Vertiports—Procedural requirements III Sec. 58.861 Shooting ranges, indoor—Location II Sec. 58.862 Shooting ranges, indoor—Site plan II Sec. 58.863 Shooting ranges, indoor—Nuisance II Sec. 58.864 Shooting ranges, indoor—Nonconforming uses II Sec. 58.900 Accessory uses & structures—Building permit III Sec. 58.901 Accessory uses & structures—Location II Sec. 58.902 Accessory uses & structures—Height III Sec. 58.911 Accessory service uses—Location I Sec. 58.912 Accessory service uses—Maximum floor area I Sec. 58.913 Accessory service uses—Specific uses I Sec. 58.914 Accessory service uses—Outdoor display or storage I Sec. 58.916 Bed & breakfast facilities—General requirements II Sec. 58.917 Bed & breakfast facilities—Performance requirements II Sec. 58.918 Bed & breakfast facilities—Occupancy II Sec. 58.919 Bed & breakfast facilities—Procedural requirements II Sec. 58.921 Caretakers quarters—Permitted uses II Sec. 58.922 Caretakers quarters—Location II Sec. 58.923 Caretakers quarters—Occupancy II Sec. 58.924 Caretakers quarters—Parking II Sec. 58.925 Caretakers quarters—Procedural requirements II Sec. 58.926 Commercial vehicle parking—General requirements I Sec. 58.927 Commercial vehicle parking—Maximum weight I Sec. 58.928 Fences and walls—Visibility II Sec. 58.929 Fences and walls—Height II Sec. 58.930 Fences and walls—Barbed wire II Sec. 58.931 Fences and walls—Maintenance II Sec. 58.933 Fences and walls—Temporary fences II Sec. 58.934 Garage and yard sales—General requirements II Sec. 58.935 Garage and yard sales—Frequency II Sec. 58.936 Garage and yard sales—Permits II Sec. 58.938 Home occupations—Performance requirements II Sec. 58.939 Home occupations—Prohibited uses II Sec. 58.940 Home occupations—Particular requirements II Sec. 58.941 Home occupations—Procedural requirements II Sec. 58.942 Model dwellings—General requirements II Sec. 58.943 Model dwellings—Location II Sec. 58.944 Model dwellings—Number II Sec. 58.945 Outdoor display of merchandise—General requirements I Sec. 58.946 Outdoor display of merchandise—Use restrictions I Sec. 58.947 Outdoor display of merchandise—Locational requirements I Sec. 58.948 Outdoor display of merchandise—Locational requirements—ROW I Sec. 58.949 Outdoor display of merchandise—Locational requirements—Right-Of-Way I Sec. 58.950 Outdoor display of merchandise—Antique dealers I Sec. 58.953 Refuse disposal containers—Locational requirements I Sec. 58.954 Refuse disposal containers—Screening I Sec. 58.955 Refuse disposal containers—Locational requirements I Sec. 58.956 Swimming pools/hot tubs/hydrospas—General requirements I Sec. 58.957 Swimming pools/hot tubs/hydrospas—Lighting I Sec. 58.958 Swimming pools/hot tubs/hydrospas—Locational requirements I Sec. 58.959 Swimming pools/hot tubs/hydrospas—Fencing I Sec. 58.960 Swimming pools/hot tubs/hydrospas—Sanitary requirements I Sec. 58.961 Swimming pools/hot tubs/hydrospas—Access I Sec. 58.962 Swimming pools/hot tubs/hydrospas—Drainage I Sec. 58.963 Swimming pools/hot tubs/hydrospas—Enclosures I Sec. 58.964 Tennis courts—General requirements I Sec. 58.965 Tennis courts—Lighting I Sec. 58.966 Tennis courts—Locational requirements I Sec. 58.967 Tennis courts—Fencing I Sec. 58.968 Vending machines/phone booths & similar accessory uses I Sec. 58.969 Water features and fountains I Sec. 58.970 Wooden patios and decks I Sec. 58.988 Owner-occupied home sharing II Sec. 58.989 Owner-occupied home sharing II Sec. 58.1142 Nonconformities—General requirements I Sec. 58.1150 Nonconforming lots—Status II Sec. 58.1151 Nonconforming lots—Reductions prohibited II Sec. 58.1152 Nonconforming lots—Permitted uses II Sec. 58.1160 Nonconforming buildings/structures/vehicular use—Expansion II Sec. 58.1161 Nonconforming buildings/structures/vehicular use—Alteration II Sec. 58.1162 Nonconforming buildings/structures/vehicular use—Dwellings before 1959 II Sec. 58.1163 Nonconforming buildings/structures/vehicular use—MXD-2 II Sec. 58.1170 Nonconforming uses—Expansion II Sec. 58.1171 Nonconforming uses—Change II Sec. 58.1172 Nonconforming uses—Continued use II Sec. 58.1173 Nonconforming uses—Discontinuation II Sec. 58.1180 Nonconforming landscaping—Parking lot II Sec. 58.1181 Nonconforming landscaping—Bufferyards II Sec. 58.1182 Nonconforming landscaping—Removal of parking spaces II Sec. 58.1183 Nonconforming landscaping—Amortization II Sec. 58.1184 Change of uses—Restrictions III Sec. 58.1202 Commercial activity in residential areas—General requirements II Sec. 58.1203 Commercial activity in residential areas—Evidence II Sec. 58.1204 Abandoned vehicles—General requirements II Sec. 58.1205 Abandoned vehicles—Enforcement II Sec. 58.1206 Group housing—Evidence II Sec. 58.1207 Misc. yard requirements—General requirements II Sec. 58.1208 Misc. yard requirements—Rules II Sec. 58.1209 Misc. yard requirements—Specific yards II Sec. 58.1210 Airport Zoning Regulations II Sec. 58.1211 Airport Zoning Regulations II Sec. 58.1212 Airport Zoning Regulations II Sec. 58.1213 Airport Zoning Regulations II Sec. 58.1214 Airport Zoning Regulations II Sec. 58.1215 Airport Zoning Regulations II Sec. 58.1216 Airport Zoning Regulations II Sec. 58.1217 Airport Zoning Regulations II Sec. 58.1218 Airport Zoning Regulations II Sec. 58.1219 Airport Zoning Regulations II Sec. 58.1220 Airport Zoning Regulations II Sec. 58.1221 Airport Zoning Regulations II Sec. 58.1222 Airport Zoning Regulations II Sec. 58.1223 Airport Zoning Regulations II Sec. 58.1224 Airport Zoning Regulations II Sec. 58.1225 Airport Zoning Regulations II CH. 60, SUBDIVISION AND LANDSCAPING Sec. 60.111 Subdivision design I Sec. 60.112 Subdivision design I Sec. 60.113 Subdivision design I Sec. 60.114 Subdivision design I Sec. 60.115 Subdivision design I Sec. 60.116 Subdivision design I Sec. 60.117 Subdivision design I Sec. 60.118 Subdivision design I Sec. 60.119 Subdivision design I Sec. 60.120 Subdivision design I Sec. 60.121 Residential subdivisions I Sec. 60.122 Residential subdivisions I Sec. 60.123 Residential subdivisions I Sec. 60.124 Residential subdivisions I Sec. 60.125 Residential subdivisions I Sec. 60.126 Residential subdivisions I Sec. 60.127 Residential subdivisions I Sec. 60.128 Residential subdivisions I Sec. 60.129 Non-residential subdivisions I Sec. 60.130 Non-residential subdivisions I Sec. 60.131 Non-residential subdivisions I Sec. 60.132 Non-residential subdivisions I Sec. 60.133 Non-residential subdivisions I Sec. 60.151 Required improvements—Monuments II Sec. 60.160 Enforcement of landscaping requirements II Sec. 60.200 Landscaping and vegetation protection II Sec. 60.201 Landscaping and vegetation protection II Sec. 60.202 Landscaping and vegetation protection II Sec. 60.203 Landscaping and vegetation protection II Sec. 60.204 Landscaping and vegetation protection II Sec. 60.205 Landscaping and vegetation protection II Sec. 60.206 Landscaping and vegetation protection II Sec. 60.207 Landscaping and vegetation protection II Sec. 60.208 Landscaping and vegetation protection II Sec. 60.209 Landscaping and vegetation protection II Sec. 60.210 Landscaping and vegetation protection II Sec. 60.211 Landscaping and vegetation protection II Sec. 60.212 Landscaping and vegetation protection II Sec. 60.213 Landscaping and vegetation protection II Sec. 60.214 Landscaping and vegetation protection II Sec. 60.215 Landscaping and vegetation protection II Sec. 60.216 Landscaping and vegetation protection II Sec. 60.217 Landscaping and vegetation protection II Sec. 60.218 Landscaping and vegetation protection II Sec. 60.219 Landscaping and vegetation protection II Sec. 60.220 Landscaping and vegetation protection II Sec. 60.221 Landscaping and vegetation protection II Sec. 60.222 Landscaping and vegetation protection II Sec. 60.223 Landscaping and vegetation protection II Sec. 60.224 Landscaping and vegetation protection II Sec. 60.225 Landscaping and vegetation protection II Sec. 60.226 Landscaping and vegetation protection II Sec. 60.227 Landscaping and vegetation protection II Sec. 60.228 Landscaping and vegetation protection II Sec. 60.229 Landscaping and vegetation protection II Sec. 60.230 Landscaping and vegetation protection II Sec. 60.231 Landscaping and vegetation protection II Sec. 60.232 Landscaping and vegetation protection II Sec. 60.233 Landscaping and vegetation protection II Sec. 60.234 Landscaping and vegetation protection II CH. 61, ROADWAY DESIGN AND ACCESS MANAGEMENT Sec. 61.105 Driveways and curbcuts—Sight distance III Sec. 61.106 Driveways and curbcuts—One-way driveways III Sec. 61.107 Driveways and curbcuts—Closing of existing curbcuts III Sec. 61.110 Unified access and circulation—Coordinated design III Sec. 61.112 Unified access and circulation—Maintenance III Sec. 61.113 Unified access and circulation—Abutting properties III Sec. 61.203 Streets & rights-of-way requirements—Encroachments II Sec. 61.204 Streets & rights-of-way requirements—Overhangs II Sec. 61.205 Streets & rights-of-way requirements—Bus shelters II Sec. 61.206 Streets & rights-of-way requirements—Construction sheds II Sec. 61.207 Streets & rights-of-way requirements—Temporary sidewalk II Sec. 61.209 Streets & rights-of-way requirements—Outdoor boxes II Sec. 61.225 Local public street & ROW design—Sidewalks II Sec. 61.226 Local public street & ROW design—Street trees II Sec. 61.235 Private streets—Maintenance IV Sec. 61.240 Driveway approaches & curbcuts—Minimum standards II Sec. 61.241 Driveway approaches & curbcuts—Joint-use driveways II Sec. 61.242 Driveway approaches & curbcuts—Curbcut alterations II Sec. 61.300 Parking and loading II Sec. 61.301 Parking and loading II Sec. 61.302 Parking and loading II Sec. 61.303 Parking and loading II Sec. 61.304 Parking and loading II Sec. 61.305 Parking and loading II Sec. 61.306 Parking and loading II Sec. 61.307 Parking and loading II Sec. 61.308 Parking and loading II Sec. 61.309 Parking and loading II Sec. 61.371 General Requirements IV Sec. 61.401 Downtown parking requirements III Sec. 61.407 Handicapped access—Entrance pathways III Sec. 61.408 Handicapped access—Spaces reserved III Sec. 61.411 Bicycle parking—Locational requirements II Sec. 61.412 Bicycle parking—Design requirements II Sec. 61.413 Bicycle parking—Number of spaces II Sec. 61.421 Off-street loading—General requirements II Sec. 61.422 Off-street loading—Dimensions II Sec. 61.423 Off-street loading—Locational requirements II Sec. 61.424 Off-street loading—Number of loading berths II Sec. 61.430 Required improvements—Parking and loading surfaces III Sec. 61.431 Required improvements—Barriers III Sec. 61.432 Required improvements—Markings III Sec. 61.433 Required improvements—Lighting III Sec. 61.434 Required improvements—Bicycle facilities III Sec. 61.435 Unimproved reservation of parking areas II CH. 62, HISTORIC PRESERVATION & ARCHITECTURAL DESIGN Sec. 62.200 Historic preservation—Certificate required II Sec. 62.201 Historic preservation—Standards II Sec. 62.301 Appearance review standards—Application review II Sec. 62.309 Edgewater Drive Appearance Review District II Sec. 62.310 Bradshaw Terrace Appearance Review District II Sec. 62.400 West Washington Street Special Plan II Sec. 62.401 Mills Avenue Special Plan II Sec. 62.402 East Washington Street Special Plan II Sec. 62.403 N. Lucerne Circle Special Plan II Sec. 62.404 Lake Underhill Road Special Plan II Sec. 62.405 Parramore Village Special Plan II Sec. 62.495 North Orange Special Plan II Sec. 62.500 Design standards—AC-3A—General requirements II Sec. 62.501 Design standards—AC-3A—Height II Sec. 62.502 Design standards—AC-3A—Parking facility II Sec. 62.503 Design standards—AC-3A—Downtown facade guidelines II Sec. 62.504 Design standards—AC-3A—Awnings II Sec. 62.506 Sound Attenuation in the Downtown Entertainment Area IV Sec. 62.600 Traditional city design standards—General requirements I Sec. 62.606 Traditional city design standards—General requirements I Sec. 62.607 Traditional city design standards—General requirements I Sec. 62.609 Traditional city design standards—Building orientation I Sec. 62.611 Traditional city design standards—Streetwall I Sec. 62.612 Traditional city design standards—Outdoor eating areas I Sec. 62.613 Traditional city design standards—Parking and driveways I Sec. 62.614 Traditional city design standards—Pedestrian features I Sec. 62.618 Traditional city design standards—Vacant lots I Sec. 62.619 Traditional city design standards—Building orientation I Sec. 62.620 Traditional city design standards—Streetwall I Sec. 62.621 Traditional city design standards—Outdoor eating areas I Sec. 62.622 Traditional city design standards—Parking and driveways I Sec. 62.623 Traditional city design standards—Pedestrian features I Sec. 62.624 Traditional city design standards—Parking lot landscaping I Sec. 62.625 Traditional city design standards—Auto service stations I Sec. 62.626 Traditional city design standards—Drive-in facilities I Sec. 62.627 Traditional city design standards—Parking as a principal use I Sec. 62.628 Traditional city design standards—Outdoor recreation I Sec. 62.629 Traditional city design standards—Vacant lots I Sec. 62.630 Traditional city design standards—Purpose of design standards I Sec. 62.631 Traditional city design standards—General standards I Sec. 62.635 Traditional city design standards—Pedestrian features I Sec. 62.702 Design and demolition standards—Non-contributing structures I Sec. 62.703 Design and demolition standards—Existing structures I CH. 63, ENVIRONMENTAL PROTECTION Sec. 63.210 Electro-magnetic interference I Sec. 63.222 Floodplains III Sec. 63.230 Groundwater recharge areas III Sec. 63.240 Heat I Sec. 63.260 Odor II Sec. 63.270 Stormwater management—Retention/detention IV Sec. 63.271 Stormwater management—Design standards IV Sec. 63.283 Determining elevations and boundaries III Sec. 63.284 Dredging, filling or erection of structures in lakes—Prohibited III Sec. 63.285 Dredging, filling or erection of structures in lakes—Standards III Sec. 63.290 Wetlands IV Sec. 63.300 Vibration II CH. 64, SIGNS Sec. 64.100 General requirements for signs II Sec. 64.101 General requirements for signs II Sec. 64.102 General requirements for signs II Sec. 64.103 General requirements for signs II Sec. 64.104 General requirements for signs II Sec. 64.200 On-site signs II Sec. 64.201 On-site signs II Sec. 64.202 On-site signs II Sec. 64.203 On-site signs II Sec. 64.225 Signs in certain zoning districts II Sec. 64.226 Signs in certain zoning districts II Sec. 64.227 Signs in certain zoning districts II Sec. 64.228 Signs in certain zoning districts II Sec. 64.229 Signs in certain zoning districts II Sec. 64.230 Signs in certain zoning districts II Sec. 64.231 Signs in certain zoning districts II Sec. 64.232 Signs in certain zoning districts II Sec. 64.240 Specific on-site signs II Sec. 64.241 Specific on-site signs II Sec. 64.242 Specific on-site signs II Sec. 64.243 Specific on-site signs II Sec. 64.244 Specific on-site signs II Sec. 64.245 Specific on-site signs II Sec. 64.246 Specific on-site signs II Sec. 64.247 Specific on-site signs II Sec. 64.248 Specific on-site signs II Sec. 64.249 Specific on-site signs II Sec. 64.250 Specific on-site signs II Sec. 64.251 Specific on-site signs II Sec. 64.252 Specific on-site signs II Sec. 64.253 Specific on-site signs II Sec. 64.254 Specific on-site signs II Sec. 64.255 Specific on-site signs II Sec. 64.256 Specific on-site signs II Sec. 64.257 Specific on-site signs II Sec. 64.258 Specific on-site signs II Sec. 64.259 Specific on-site signs II Sec. 64.260 Specific on-site signs II Sec. 64.261 Specific on-site signs II Sec. 64.262 Specific on-site signs II Sec. 64.263 Landmark signs II Sec. 64.264 Landmark signs II Sec. 64.265 Landmark signs II Sec. 64.266 Landmark signs II Sec. 64.267 Landmark signs II Sec. 64.270 Billboard and other off-site signs II Sec. 64.271 Billboard and other off-site signs II Sec. 64.272 Billboard and other off-site signs II Sec. 64.273 Billboard and other off-site signs II Sec. 64.274 Billboard and other off-site signs II Sec. 64.275 Billboard and other off-site signs II Sec. 64.276 Billboard and other off-site signs II Sec. 64.277 Billboard and other off-site signs II Sec. 64.300 Prohibited signs III Sec. 64.301 Unlawful signs III CH. 65, OFFICERS, BOARDS AND PROCEDURES Sec. 65.460 Certificate of Use II Sec. 65.461 Certificate of Use II Sec. 65.462 Certificate of Use II Sec. 65.463 Certificate of Use II Sec. 65.464 Certificate of Use II Sec. 65.544 Late Night Uses in the Downtown Entertainment Area IV

(Ord. of 2-6-1995, Doc. #28220; Ord. of 12-16-1996, Doc. #29897; Ord. of 12-1-1997, Doc. #30791; Ord. of 1-14-2002, § 2, Doc. #020114708; Ord. of 9-9-2002, § 1, Doc. #020909701; Ord. of 1-24-2005, § 1, Doc. #050124909; Ord. of 8-15-2005, § 1, Doc. #050815901; Ord. of 8-28-2006, § 2, Doc. #0608281005; Ord. of 8-20-2007, § 1, Doc. #0708201013; Ord. No. 2010-4, § 3, 6-7-2010, Doc. #1006071103; Ord. No. 2010-46, § 3, 10-18-2010, Doc. #1010181111; Ord. No. 2012-29, § 1, 10-1-2012, Doc. #1210011201; Ord. No. 2013-60, § 2, 12-9-2013, Doc. #1312091201; Ord. No. 2014-43, § 1, 12-8-2014, Doc. #1412081204; Ord. No. 2016-36, § 2, 5-9-2016, Doc. #1605091202; Ord. No. 2016-79, § 4, 10-10-2016, #1610101202; Ord. No. 2016-87, § 1, 1-23-2017, Doc. #1701231401; Ord. No. 2017-47, § 1, 8-8-2017, Doc. #1708081204; Ord. No. 2017-48, § 10, 8-8-2017, Doc. #1708081202; Ord. No. 2017-67, § 2, 1-8-2018, Doc. #1801081201; Ord. No. 2018-3, § 3, 2-12-2018, Doc. #1802121201; Ord. No. 2018-45, § 1, 9-4-2018, Doc. #1809041202; Ord. No. 2018-56, § 7, 10-8-2018, Doc. #1810081203; Ord. No. 2018-33, § 4, 8-6-2018, eff. 1-1-2019, Doc. #1808061204; Ord. No. 2019-9, § 15, 3-11-2019, Doc. #1903111202; Ord. No. 2019-60, § 7, 12-9-2019, Doc. #1912091206; Ord. No. 2021-22, § 2, 5-17-2021, Doc. #2105171204; Ord. No. 2022-46, § 1, 9-26-2022, Doc. #2209261202; Ord. No. 2024-18, § 11, 5-13-2024, Doc. #2405131203; Ord. No. 2024-42, § 1, 11-11-2024, Doc. #2411111203; Ord. No. 2025-31, § 2, 11-10-2025, Doc. #25111012a)

ARTICLE III. - RED LIGHT INFRACTIONS[1]

Footnotes: --- (1) ---

Editor's note— Ord. No. 2013-31, § 1, adopted June 17, 2013, repealed the former Art. III, §§ 5.20—5.27, and enacted a new Art. III as set out herein. The former Art. III pertained to similar subject matter and derived from an ordinance adopted Dec. 17, 2007, § 1, Doc. #0712171002; an ordinance adopted Nov. 2, 2009, § 2, Doc. #0911021105; and Ord. No. 2010-16, § 1, adopted June 21, 2010, Doc. #1006211102.

Sec. 5.20. - Purpose and Intent.

The purpose of this article is to specifically authorize the use of traffic infraction detectors, as permitted by general law, within the jurisdictional limits of the City of Orlando.

(Ord. No. 2013-31, § 1, 6-17-2013, Doc. #1306171202)

Sec. 5.21. - Implementation of General Law.

The City exercises its option to use traffic infraction detectors within its jurisdiction in accordance with § 316.0083, Florida Statutes, to enforce §§ 316.074(1) or 316.075(1)(c)1., Florida Statutes. The City may utilize traffic infraction detectors as a supplemental means of monitoring and enforcing laws related to traffic control signals as permitted and provided for by state law.

(Ord. No. 2013-31, § 1, 6-17-2013, Doc. #1306171202)

Sec. 5.22. - Rules and Regulations.

The Orlando Stops Program Operations Manager is authorized to adopt rules and procedures that will govern the implementation of § 316.0083, Florida Statutes.

(Ord. No. 2013-31, § 1, 6-17-2013, Doc. #1306171202)

Sec. 5.23. - Designation of Enforcement Areas.

Having considered evidence at a public hearing supporting the installation and operation of traffic infraction detectors on certain roadways within the jurisdiction of the City, the following intersections constitute a heightened safety risk that warrants additional enforcement measures by installation or placement of traffic infraction detectors pursuant to F.S. § 316.0083 and HB 1363 (2024). Additional traffic infraction detectors may be approved via amendment to this subsection in accordance with applicable law.

Amelia Street & Bumby Avenue

Amelia Street & Hughey Avenue

Anderson Street & Orange Blossom Trail

Beachline Expressway & Goldenrod Road

Bear Road & Tradeport Drive

Bennett Road & Colonial Drive/Rickenbacker Drive

Bruton Boulevard & Columbia Street/Henton Lane

Bruton Boulevard & L B McCleod Road/Vineland Road

Bumby Avenue & Curry Ford Road

10.

Central Boulevard & Rosalind Avenue

11.

Church Street & John Young Parkway

12.

Clarcona Ocoee Road & Orange Blossom Trail (US 441)

13.

Colonial Drive & Pete Parrish Boulevard

14.

Colonial Drive & Parramore Avenue

15.

Colonial Drive & Maguire Boulevard

16.

Colonial Drive & Old Cheney Highway

17.

Colonial Drive & Mercy Drive

18.

Colonial Drive & Ferguson Drive

19.

Colonial Drive & Magnolia Avenue

20.

Colonial Drive & Garland Avenue/Hughey Avenue/ I-4 Westbound Off-Ramp

21.

Colonial Drive & Summerlin Avenue

22.

Colonial Drive & Mills Avenue

23.

Colonial Drive & Primrose Drive

24.

Colonial Drive & Orange Avenue

25.

Colonial Drive & Orange Blossom Trail (US 441)

26.

Colonial Drive & John Young Parkway

27.

Colonial Drive & Fairvilla Road

28.

Concord Street & Magnolia Avenue

29.

Conroy Road & Kirkman Road

30.

Conroy Road & Vineland Road

31.

Conway Road/Tradeport Drive & Frontage Road/SR 528 Off Ramp

32.

Curry Ford Road & Primrose Drive/Peel Avenue

33.

Curry Ford Road & Semoran Boulevard

34.

Delaney Avenue & Pineloch Avenue/Osceola Avenue

35.

East West Expressway (WB) & South Street

36.

Edgewater Drive & Smith Street

37.

Formosa Avenue & Princeton Street

38.

Goldenrod Road & Lee Vista Blvd

39.

Gore Street & Rio Grande Avenue

40.

Gore Street & Orange Avenue

41.

Hazeltine National Drive & Semoran Boulevard

42.

Hoffner Avenue & Semoran Boulevard

43.

Hoffner Avenue & Old Goldenrod Road

44.

International Drive & Kirkman Road

45.

International Drive & Universal Boulevard

46.

Jetport Boulevard & Tradeport Drive

47.

John Young Parkway & L B McLeod Road

48.

John Young Parkway & Princeton Street

49.

John Young Parkway & Silver Star Road

50.

John Young Parkway & 33rd Street/ 35 th Street

51.

Kirkman Road & Windhover Drive

52.

Kirkman Road & Vineland Road

53.

Kirkman Road & Valencia Community College Drive

54.

Kirkman Road & Major Boulevard/ Tom Williams Way

55.

Kirkman Road & Raleigh Street

56.

La Costa Drive & Semoran Boulevard

57.

Lake Underhill Road & Semoran Boulevard

58.

Lake Underhill Road & Yucatan Drive

59.

L B McLeod Road & Willie Mays Parkway

60.

Livingston Street & Mills Avenue

61.

McCoy Road & Tradeport Drive

62.

Michigan Street & Osceola Avenue

63.

Michigan Street & Orange Avenue

64.

Millenia Boulevard & Radebaugh Way

65.

Narcoossee Road & Beachline Expressway (Eastbound)

66.

Narcoossee Road & Moss Park Road

67.

Orange Avenue & Washington Street

68.

Orange Avenue & South Street

69.

Orange Avenue & Princeton Street

70.

Orange Avenue & Robinson Street

71.

Orange Blossom Trail (US 441) & Washington Street

72.

Orange Blossom Trail (US 441) & South Street

73.

Pershing Avenue & Semoran Boulevard

74.

Production Plaza & Turkey Lake Road/Woodgreen Drive

75.

Radebaugh Way & Vineland Road

76.

Robinson Street & Rosalind Avenue

77.

Rosalind Avenue & South Street

78.

Rosamond Drive & Orange Blossom Trail (US 441)

79.

South Street & Westmoreland Drive

80.

Turkey Lake Road & Wallace Road

(Ord. No. 2025-37, § 1, 10-20-2025, Doc. #25102012b)

ARTICLE IV. - SCHOOL SPEED ZONE INFRACTIONS

Sec. 5.24. - School speed zone enforcement cameras.

(a)

Intent. The intent of this section is to protect the health, safety, and welfare of the citizens of Orlando by authorizing the placement or installation and use of speed detection systems on roadways maintained as a school zone as authorized under F.S. § 316.008, pursuant to F.S. § 316.1895, within the jurisdiction of the City, to promote compliance with speed limits in school zones, and to adopt a quasi-judicial system to enforce violations. This section provides a supplemental means of enforcing unlawful speed violations in school zones and shall not prohibit a law enforcement officer from issuing a uniform traffic citation for a traffic violation in accordance with F.S. Ch. 316.

(b)

Definitions. For the purposes of this section, the following terms shall have the meanings given below:

Hearing procedures means the procedures set forth under F.S. § 316.1896, governing noticing, scheduling, and conducting hearings before a local hearing officer.

Law enforcement officer means, as defined by F.S. § 943.10(1), any person who is elected, appointed, or employed full time by a municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

Local hearing officer means the City Code Enforcement Board and/or a Code Enforcement Hearing Officer/Special Magistrate.

Motor vehicle means, as defined by F.S. § 316.003, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped.

Notice of violation means the written notification sent to the registered owner of a vehicle after a school zone speed infraction by that vehicle has been captured by a Speed Detection System and thereafter reviewed and approved by a law enforcement officer or traffic infraction enforcement officer. A notice of violation must be in the form and include the contents prescribed by F.S. § 316.1896, as it may be amended.

School Zone means that portion of a street or highway established as a school zone pursuant to F.S. § 316.1895, as it may be amended.

School Zone Speed Enforcement Program means the regulations and procedures governing the use of Speed Detection Systems on roadways maintained as a School Zone within the jurisdiction of the City, as provided for by applicable law and established by this section.

School Zone Speed Infraction means a violation of F.S. §§ 316.183 or 316.1895, captured by a Speed Detection System on a roadway maintained as a School Zone during the hours provided for by appliable law and set forth in this section.

School Zone Speed Limit means the regularly posted or reduced posted speed limit within a school zone pursuant to F.S. § 316.1895.

Speed Detection System means a portable or fixed automated system used to detect a motor vehicle's speed using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. This term is synonymous with the term "Speed Detection System" defined in F.S. § 316.003(83), as it may be amended.

Traffic infraction Enforcement Officer means a person who meets the qualifications established by F.S. § 316.640, as it may be amended.

Uniform Traffic Citation means the citation issued to the registered owner of a vehicle for a school zone speed infraction, in the form and including the contents prescribed by F.S. §§ 316.1896 and 316.650, as amended.

(c)

Use of speed detection systems. Pursuant to F.S. § 316.008(9), the City of Orlando elects to use speed detection systems on roadways properly maintained as a school zone to enforce speed limits within the City's jurisdiction. The City may utilize speed detection systems as a supplemental means of assisting law enforcement personnel in the enforcement of compliance with state law related to unlawful speed in school zones, in accordance with F.S. Ch. 316.

(d)

Program administration.

(1)

The Orlando Police Department in cooperation with any necessary City staff and any approved vendor and its employees and agents, shall be enabled and empowered by this section to assist with the City's school zone speed enforcement program. This section shall further enable the City to enter into agreements with one (1) or more vendors to place or install speed detection systems and carry out services consistent with the implementation and enforcement of the provisions of Chapter 2023-174, Laws of Florida, subject to any other applicable state or local legal requirements or this section.

(2)

The City may utilize a Code Enforcement Hearing Officer/Special Magistrate, and/or its Code Enforcement Board as its local hearing officer, who shall have jurisdiction to conduct proceedings challenging the issuance of a notice of violation.

(3)

The City shall, from time to time, designate a member of its existing staff to serve as clerk for the hearings before a local hearing officer.

(e)

Program implementation requirements.

(1)

Vendor contract. City Council shall approve any contract for placement or installation of a speed detection system in a school zone in accordance with F.S. § 316.0776.

(2)

Installation and operation of Speed Detection Systems. Pursuant to F.S. §§ 316.008 and 316.0776, Speed Detection Systems may be installed and operated only in the School Zones designated by this section and/or subsequent amendments thereto.

(3)

Signage requirements. The installation and operation of speed detection systems, including required signage, shall be in accordance with F.S. Ch. 316, all applicable regulations of the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, and the terms of any Memorandum of Understanding or other written agreement that may be entered into between Orlando Police Department and/or the City and its vendor(s).

(4)

Public awareness. Pursuant to F.S. § 316.0776, before notices of violation for School Zone speed infractions may be issued, a public announcement and thirty-day public awareness campaign of the initial proposed use of Speed Detection Systems must be conducted. During the thirty-day public awareness campaign, only a warning may be issued to the registered owner for a school speed zone infraction and a fine shall not be imposed.

(f)

Designation of School Zones. Having considered evidence at a public hearing supporting the installation and operation of speed detection systems on certain roadways maintained as school zones within the jurisdiction of the City, the school zones on the roadways surrounding the following schools constitute a heightened safety risk that warrants additional enforcement measures by installation or placement of Speed Detection Systems pursuant to F.S. § 316.008. Additional Speed Detection Systems may be approved via amendment to this subsection in accordance with applicable law.

Audubon Park School, Public K8, 1500 Falcon Dr. 32803.

Blankner School, Public K8, 2500 S Mills Ave. 32806.

Boone, Public HS, 1000 E Kaley St. 32806.

College Park, Public MS, 1201 Maury Rd. 32804.

Dover Shores, Public ES, 1200 Gaston Foster Rd. 32812.

Eagle's Nest, Public ES, 5353 Metrowest Blvd., 32811.

Engelwood, Public ES, 5985 La Costa Dr., 32807.

Innovation, Public MS, 13950 Storey Park Blvd., 32832.

Lake Como School, Public K8, 2450 E Gore St., 32806.

10.

Lake Silver, Public ES, 2401 N Rio Grande Ave., 32804.

11.

Laureate Park, Public ES, 7800 Laureate Blvd., 32827.

12.

Metrowest, Public ES, 1801 Lake Vilma Dr., 32835.

13.

Millennia Gardens, Public ES, 3515 Gardens Ridge Way, 32811.

14.

Odyssey, Public MS, 9290 Lee Vista Blvd., 32829.

15.

Princeton, Public ES, 311 W. Princeton St., 32804.

16.

Roberto Clemente, Public MS, 6000 Stonewall Jackson Rd., 32807.

17.

Rock Lake, Public ES, 408 N. Tampa Ave., 32805.

18.

Sun Blaze, Public ES, 9101 Randal Park Blvd., 32832.

19.

Vista Lakes, Public ES, 6050 Lake Champlain Dr., 32829.

20.

Vista Pointe, Public ES, 6900 Market Place Dr., 32822.

21.

Westpointe, Public ES, 7525 Westpointe Blvd., 32835.

(g)

Enforcement procedures.

(1)

General powers. The Orlando Police Department and its Orlando Stops Traffic Safety Program shall be authorized to enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to Chapter 2023-174, Laws of Florida, for violations of F.S. §§ 316.183 and 316.1895, through the use of a Speed Detection System for the detection of speed and capturing of photographs or videos for violations in excess of ten (10) miles per hour over the speed limit in force at the time of the violation. The Orlando Police Department Chief of Police or designee is responsible for establishing the business rules of procedure between the vendor and the City necessary for implementing this section.

(2)

Review of speed detection system information. Information captured by a speed detection system shall be reviewed by an authorized employee or agent of the City of Orlando.

(3)

School zone speed detection system violations. The applicable speed limit on a roadway properly maintained as a school zone may be enforced through the capturing of a violation by a speed detection system as follows:

(i)

For a violation of F.S. § 316.1895, in excess of ten (10) miles per hour over the school zone speed limit which occurs within thirty (30) minutes before through thirty (30) minutes after the start of a regularly scheduled breakfast program.

(ii)

(iii)

For a violation of F.S. § 316.183, in excess of ten (10) miles per hour over the posted speed limit during the entirety of a regularly scheduled school session.

(iv)

(4)

Notice of violation. A notice of violation must be sent to the registered owner of the motor vehicle involved in the violation as provided under F.S. § 316.1896.

(5)

Hearing procedures and appeals. Hearings to contest notices of violations shall be held in accordance with the requirements of Chapter 2023-174, Laws of Florida, and F.S. §§ 316.0083(5) and 316.1896. An aggrieved party may appeal a final administrative order of the Local Hearing Officer in accordance with F.S. § 316.1896.

(6)

Defenses, penalties and costs. The enforcement of school zone speed infractions including the issuance of notices of violation and uniform traffic citations, the processing of affidavits to assert an exception to liability, and the assessment of fines and costs must comply with F.S. § 316.1896. In accordance with F.S. § 316.1896(14)(e), the local hearing officer must assess the statutory authorized penalty if the petitioner is found in violation and may also require the petitioner to pay municipal costs not to exceed two hundred fifty dollars ($250.00) per violation. A registered owner who receives a notice of violation may, within thirty (30) days:

(i)

Pay the fine of one hundred dollars ($100.00), as fixed by F.S. § 318.18(3)(d), as it may be amended;

(ii)

Submit an affidavit establishing an exception to liability pursuant to F.S. § 316.1896(8), as it may be amended; or

(iii)

Request a hearing.

(7)

Issuance of a uniform traffic citation. A law enforcement officer or traffic infraction enforcement officer shall be authorized, pursuant to F.S. § 316.1896, to issue a uniform traffic citation for violations of F.S. § 316.1895 or 316.183 as authorized by F.S. § 316.008(9). If the registered owner of a vehicle does not timely pay the fine reflected on the notice of violation, submit a sufficient affidavit, or request a hearing, a uniform traffic citation must be issued by a law enforcement officer or a traffic infraction enforcement officer to the registered owner and transmitted by the City to the Orange County Clerk of the Court for disposition by the county court.

(h)

Collection of evidence, public records, and retention requirements. In accordance with F.S. § 316.1896, a speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce school zone speed infractions, or user-controlled pan or tilt adjustments of speed detection components, do not constitute remote surveillance. Recorded video or photographs collected as part of a speed detection system in a school zone may only be used to document school zone speed infractions and for purposes of determining criminal or civil liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system. Any recorded video or photograph obtained via a speed detection system must be destroyed within ninety (90) days after the final disposition of the recorded event, pursuant to F.S. § 316.1896. Written notice that such records have been destroyed must be provided by December 31st of each year. All public records related to the administration of this section must be maintained in accordance with Florida law and all requests for such records must be addressed in accordance with F.S. Ch. 119, and any other applicable state law.

(i)

Annual reporting requirements. The City, with the assistance of the Orlando Police Department and/or the vendor, will annually report on the City's school zone speed enforcement program to the public and to the Florida Department of Highway Safety and Motor Vehicles in accordance with F.S. § 316.0776 and §316.1896, as they may be amended. Pursuant to F.S. § 316.0776(3)(c), the compliance or sufficiency of compliance with this subsection may not be raised in a proceeding challenging a notice of violation for a school zone speed infraction.

(j)

Remittance of collected fines and costs. All fines and costs collected pursuant to this section must be remitted in accordance with F.S. §§ 316.1896 and 318.18, and any other relevant state law.

(k)

Resolution of conflict of laws. In all instances where Florida law, as evidenced by the Florida Administrative Code, Florida Statutes, applicable case law, or otherwise, mandates standards or requirements that are stricter than the provisions of this section, or where a matter is addressed by Florida law that is not addressed by this section, then said law shall govern. In situations where this section addresses a matter in a manner that is stricter than that of Florida law, the provisions of this section shall control.

(Ord. No. 2024-25, § 1, 12-9-2024, Doc. #2412091201; Ord. No. 2025-37, § 2, 10-20-2025, Doc. #25102012b)

Editor's note— Ord. No. 2025-37, § 2, adopted October 20, 2025, renumbered the former § 5.23 as § 5.24.

Sec. 3.09. - Service Fee for Use of Harry P. Leu Gardens. Chapter 6 - CONTROL AND REGULATION OF ANIMALS