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AB Code Supplement 36SUPPLEMENT NO. 36 December 2008 CODE OF ORDINANCES City of ATLANTIC BEACH, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 45-08-19, adopted November 10, 2008. See the Code Comparative Table—Ordinances for further information. Remove old pages Insert new pages ix, x ix, x Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) 173-176 173-176.1 179-184.1 178.1-184 185-188 185-188 188.7-188.10 188.7-188.10.1 409, 410 409-410.2 421, 422 421, 422 737, 738 737, 738 949-952.1 949-952.1 1165-1178 1165-1178 1277-1278.1 1277-1278.1 1281-1282.2 1281-1282.2 1297-1298.1 1297-1298.2 1307, 1308 1307, 1308 1481, 1482 1481, 1482 1491, 1492 1491, 1492 1492.1, 1492.2 1492.1, 1492.2 1497, 1498 1496.1-1497 2005 2005, 2006 2105, 2106 2105-2106.1 2120.1-2122 2121, 2122 2136.1-2138 2137-2138.1 2153, 2154 2153, 2154 INSTRUCTION SHEET—Cont'd. Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1 -800 -262 -CODE Website. www.municode.com TABLE OF CONTENTS Page Officials of the City iii Preface v Adopting Ordinance vii Checklist of Up -to -Date Pages [1] PART I CHARTER Charter 1 Art. I. Incorporation; Form of Government; Powers 1 Art. II. The Commission 3 Art. III. The City Manager 7 Art. IV. The City Clerk 9 Art. V. The City Attorney 10 Art. VI. Department of Public Safety 11 Art. VII. Budget 11 Art. VIII. Department of Finance 12 Art. IX. Elections 12 Art. X. Initiative and Referendum 14 Art. XI. Recall Elections 17 Art. XII. Franchises 17 Art. XIII. Tax Administration 18 Art. XIV. Zoning 18 Art. XV. Municipal Borrowing 18.1 Art. XVI. Suits Against the City 18.1 Art. XVII. General and Miscellaneous Provisions 19 Art. XVIII. When Act Takes Effect 22 Charter Comparative Table—Special Acts 79 Charter Comparative Table—Ordinances 91 PART II CODE OF ORDINANCES Chapter 1. General Provisions 103 2. Administration 155 Art. I. In General 155 Art. II. City Commission 157 Art. III. City Manager 161 Art. IV. Departments 161 Div. 1. Generally 161 Div. 2. Police Department 162 Div. 3. Fire Department 163 Supp. No. 36 ix ATLANTIC BEACH CODE Chapter Page Div. 4. Department of Finance 163 Div. 5. Department of Public Works 165 Div. 6. Department of Public Utilities 166 Art. V. Boards and Commissions 166 Div. 1. Generally 166 Div. 2. Code Enforcement Board 167 Div. 3. Nuisance Control Board 170 Art. VI. Employee Benefits 172 Div. 1. Generally 172 Div. 2. Old -Age and Survivors Insurance 172 Div. 3. General Employee Retirement System 174 Div. 4. Police Officers' Retirement System 188.8 Art. VII. Finance 188.30 Div. 1. Generally 188.30 Div. 2. Purchasing 190 Div. 3. Uniform Travel Policy and Procedure 194 Div. 4. Service and User Charges 198 Art. VIII. Emergency Management 199 Div. 1. Generally 199 Div. 2. Comprehensive Emergency Management Plan 199 3. Alcoholic Beverages 245 4. Animals 299 Art. I. In General 299 Art. II. Dogs and Cats 309 5. Beaches and Parks 353 Art. I. In General 253 Art. II. Beach Safety Zone 355 Art. III. Public Parks 355 6. Buildings and Building Regulations 407 Art. I. In General 407 Art. II. Building Code 407 Art. III. Electrical Code 416.5 Art. IV. Plumbing Code 416.7 Art. V. Mechanical Code 416.9 Art. VI. Reserved 418 Art. VII. Numbering of Buildings 419 Art. VIII. Property Maintenance Code 421 Art. IX. Reserved 421 Art. X. Amusement Device Code 422 7. Fire Prevention and Protection Art. I. In General Art. II. Fire Prevention and Life Safety 469 469 469 8. Flood Hazard Areas 521 Art. I. In General 521 Art. II. Administration 527 Supp. No. 36 g Checklist of Up -to -Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page -for -page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 105, 106 OC iii 35 107, 108 13 v, vi OC 155, 156 35 vii, viii 1 157, 158 35 ix, x 36 158.1 35 xi, xii 35 159, 160 34 xiii 35 160.1 34 1, 2 19 161, 162 32 3, 4 34 163, 164 25 5, 6 34 165, 166 32 6.1 34 167, 168 32 7, 8 14 169, 170 18 9, 10 14 171, 172 30 11, 12 34 173, 174 36 13, 14 34 175, 176 36 14.1 34 176.1 36 15, 16 14 177, 178 30 17, 18 33 178.1, 178.2 36 18.1 33 179, 180 36 19, 20 14 181, 182 36 21, 22 14 183, 184 36 79 5, Add. 185, 186 36 91 34 187, 188 36 103, 104 OC 188.1, 188.2 30 Supp. No. 36 [1] Page No. ATLANTIC BEACH CODE Supp. No. Page No. Supp. No. 188.3, 188.4 30 416.1, 416.2 35 188.5, 188.6 32 416.3, 416.4 35 188.7, 188.8 36 416.5, 416.6 35 188.9, 188.10 36 416.7, 416.8 35 188.10.1 36 416.9 35 188.11, 188.12 34 417, 418 27 188.13, 188.14 34 419, 420 27 188.15, 188.16 34 421, 422 36 188.17, 188.18 34 469, 470 35 188.19, 188.20 34 471, 472 35 188.21, 188.22 34 473, 474 35 188.22.1, 188.22.2 34 475, 476 35 188.23, 188.24 30 477, 478 35 188.25, 188.26 30 479, 480 35 188.27, 188.28 34 521, 522 6 188.29, 188.30 34 523, 524 35 188.31 34 525, 526 35 189, 190 35 527, 528 35 191, 192 35 528.1 35 193, 194 35 529, 530 6 195, 196 35 531, 532 6 197, 198 35 533, 534 30 199, 200 35 534.1 30 201, 202 35 577, 578 OC 203 35 579, 580 OC 245, 246 30 581 OC 947, 248 35 691 632 nC 299, 300 35 683, 684 24 301, 302 35 685 24 303, 304 35 735, 736 35 305, 306 35 737, 738 36 307, 308 35 787, 788 32 309, 310 35 789, 790 8 311, 312 35 791, 792 28 313 35 793, 794 30 353, 354 33 795, 796 32 355, 356 34 797 32 357, 358 34 839, 840 28 407, 408 35 841, 842 5 409, 410 36 843 5 410.1, 410.2 36 891, 892 31 411, 412 35 943, 944 34 413, 414 35 945, 946 35 415, 416 35 947, 948 35 Supp. No. 36 [2] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 949, 950 36 1277, 1278 36 951, 952 36 1278.1 36 952.1 36 1279, 1280 34 953, 954 34 1281, 1282 36 955, 956 34 1282.1, 1282.2 36 995, 996 26 1283, 1284 35 997, 998 26 1284.1, 1284.2 35 999, 1000 26 1284.3, 1284.4 35 1001, 1002 28 1284.5 35 1003, 1004 31 1285, 1286 OC 1005, 1006 31 1286.1, 1286.2 23 1006.1 31 1287 23 1007, 1008 26 1288.1 16 1009, 1010 27 1289, 1290 OC 1011, 1012 28 1291, 1292 OC 1055, 1056 15 1293, 1294 OC 1057, 1058 15 1295, 1296 34 1059 15 1297, 1298 36 1107, 1108 31 1298.1, 1298.2 36 1109, 1110 31 1299, 1300 OC 1111, 1112 31 1301, 1302 11 1113, 1114 32 1303, 1304 11 1157, 1158 33 1305, 1306 11 1159, 1160 33 1307, 1308 36 1161, 1162 33 1351, 1352 33 1163, 1164 33 1353, 1354 33 1165, 1166 36 1355, 1356 33 1167, 1168 36 1357, 1358 33 1169, 1170 36 1359, 1360 33 1171, 1172 36 1360.1 33 1173, 1174 36 1361, 1362 28 1175, 1176 36 1363, 1364 28 1177, 1178 36 1365 28 1179, 1180 33 1403, 1404 34 1221, 1222 31 1404.1 34 1223, 1224 31 1405, 1406 29 1225, 1226 31 1407, 1408 29 1227, 1228 31 1409, 1410 29 1229, 1230 31 1411, 1412 29 1231 31 1413, 1414 29 1235, 1236 21 1415, 1416 29 1237, 1238 21 1417, 1418 32 1239, 1240 21 1418.1 32 1275, 1276 28 1419, 1420 29 Supp. No. 36 [31 ATLANTIC BEACH CODE Page No. Supp. No. Page No. Supp. No. 1421, 1422 29 1496.1, 1496.2 36 1423, 1424 32 1497 36 1425, 1426 32 1498.1, 1498.2 35 1427, 1428 32 1498.3, 1498.4 35 1428.1 32 1498.5 35 1429, 1430 29 1499, 1500 29 1431, 1432 29 1501, 1502 29 1433, 1434 29 1503, 1504 29 1435, 1436 29 1505, 1506 29 1437, 1438 29 1507, 1508 29 1439, 1440 29 1509, 1510 29 1441, 1442 29 1511, 1512 29 1443, 1444 29 1513, 1514 29 1445, 1446 29 1515, 1516 29 1447, 1448 32 1517, 1518 29 1448.1 32 1519, 1520 29 1449, 1450 34 1521, 1522 29 1451, 1452 34 1523, 1524 29 1453, 1454 32 1525, 1526 33 1455, 1456 32 1527, 1528 33 1456.1, 1456.2 32 1529, 1530 33 1457, 1458 29 1531, 1532 34 1459, 1460 29 1533, 1534 34 1461, 1462 29 1535, 1536 34 1463, 1464 29 1537, 1538 34 1465, 1466 33 1539, 1540 34 1467, 1468 33 1541, 1542 34 1468.1, 1468.2 33 1543, 1544 34 1469, 1470 29 1983, 1984 OC 1471, 1472 29 1985 OC 1473, 1474 29 1987, 1988 OC 1475, 1476 29 1989, 1990 OC 1477, 1478 29 1991, 1992 2 1479, 1480 31 1993, 1994 6 1481, 1482 36 1995, 1996 13 1483, 1484 35 1997, 1998 18 1484.1, 1484.2 35 1999, 2000 24 1485, 1486 34 2001, 2002 30 1487, 1488 34 2003, 2004 35 1489, 1490 34 2005, 2006 36 1491, 1492 36 2043 OC 1492.1, 1492.2 36 2053, 2054 35 1493, 1494 29 2055, 2056 35 1495, 1496 29 2081, 2082 14 Supp. No. 36 [4] CHECKLIST OF UP-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 2083, 2084 14 2169 35 2085, 2086 33 2087, 2088 14 2101, 2102 35 2103, 2104 35 2105, 2106 36 2106.1 36 2107, 2108 35 2109, 2110 34 2110.1 34 2111, 2112 32 2113, 2114 35 2114.1 35 2115, 2116 34 2117, 2118 35 2119, 2120 35 2121, 2122 36 2123, 2124 35 2125, 2126 35 2127, 2128 34 2129, 2130 34 2131, 2132 35 2133, 2134 34 2135, 2136 35 2137, 2138 36 2138.1 36 2139, 2140 35 2140.1 35 2141, 2142 34 2143, 2144 35 2145, 2146 34 2147, 2148 34 2149, 2150 34 2151, 2152 34 2153, 2154 36 2155, 2156 34 2157 34 2159, 2160 35 2160.1 35 2161, 2162 33 2162.1 33 2163, 2164 29 2165, 2166 34 2167, 2168 35 Supp. No. 36 {51 ADMINISTRATION § 2-246 Sec. 2-242. Execution of agreements by mayor -commissioner. The mayor -commissioner is hereby authorized and directed to execute all necessary agreements and amendments thereto with the division of retirement of the department of administration as the state agency for the state or his authorized representative for the purpose of extending the benefits provided by the system of old -age and survivors insurance to the employees and officials of this city, as provided in section 2-241, which agreement shall provide for such methods of administration of the plan by the city as are found by the state agency to be necessary for the proper and efficient administration thereof, and shall be effective with respect to services in employment covered by the agreement performed after December 31, 1950. (Code 1970, § 16-5) Sec. 2-243. Withholdings from wages. Withholdings from salaries, wages or other compensation of employees and officials for the purpose provided in section 2-241 are hereby authorized to be made, and shall be made, in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency designated by such laws or regulations to receive such amounts. (Code 1970, § 16-6) Sec. 2-244. Appropriations and payment of contributions by city. There shall be appropriated from available funds, derived from such amounts, at the times, as may be required to pay promptly the contributions required of the city as employer by applicable state or federal laws or regulations, which shall be paid over to the lawfully designated state agency at the times and in the manner provided by law and regulations. (Code 1970, § 16-7) Sec. 2-245. Records and reports. The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations, and shall adhere to the rules and regulations of the state agency for the enforcement of the laws and regulations. (Code 1970, § 16-8) Sec. 2-246. Exclusions. There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Code 1970, § 16-9) Supp. No. 36 173 § 2-247 ATLANTIC BEACH CODE Sec. 2-247. Acceptance of Social Security Act. The city hereby adopts the terms, conditions, requirements, reservations, benefits, privi- leges and other conditions thereunto appertaining to Title II of the Social Security Act, as amended by Public Law No. 734, 81st Congress, for and on behalf of all the officers and employees thereof and of its departments and agencies, save and except any of the officers and employees now covered or authorized to be covered by any retirement system provided by law, and further excepting any official or employee who occupies any position, office or employment not authorized to be covered by applicable state or federal laws or regulations. (Code 1970, § 16-10) Sec. 2-248. Designation of custodian of funds and withholding and reporting agent. The director of finance is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the city and the director of finance is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this article. (Code 1970, § 16-11) Secs. 2-249-2-260. Reserved. DIVISION 3. GENERAL EMPLOYEE RETIREMENT SYSTEM Sec. 2-261. Created, purpose. The city employees' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the employees of the city and their dependents. The effective date of the ietitemeut system is December 22, 1975. (Ord. No. 58-75-4, § 1, 12-22-75) Sec. 2-262. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. Beneficiary shall mean any person, designated in writing by a member who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. A member may revoke such designation by signing and filing with the board of trustees a new designation of beneficiary form at any time prior to retirement, however, after retirement, such designation Supp. No. 36 174 ADMINISTRATION § 2-262 of beneficiary may only be changed twice. The board of trustees shall require and the amount of the retirement income payable upon the designation of a new beneficiary shall be actuarially redetermined to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit, taking into account the ages and sex of the former beneficiary, the new beneficiary, and the member. Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. City employee shall mean any person in the employ of the city, other than police officers and firefighters. Compensation shall mean the salary or wages paid a member for personal service rendered the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one/sixtieth (1/60) of the aggregate amount of compensation paid a member during the period of sixty (60) consecutive months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) consecutive months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) consecutive months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Retirement shall mean an employee's separation from city employment as an employee with immediate eligibility for receipt of benefits under the retirement system. Supp. No. 36 175 § 2-262 ATLANTIC BEACH CODE Retirement systems or system shall mean the city retirement system created and established by this division. Service shall mean personal service rendered to the city by a city employee. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse or child pursuant to any workers' compensation or similar law. Redemptions or settlements of a workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-75-4, § 2, 12-22-75; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, § 1, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-08-34, § 1, 8-11-08) Cross reference—Definitions and rules of construction generally, § 1 2. Sec. 2-263. Benefit groups. (a) Benefit group general is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount and shall include all employees not included in another city pension plan. (b) Benefit eligibility condition shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in benefit group general. (Ord. No. 58-75-4, § 3, 12-22-75; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-264. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. (Ord. No. 58-75-4, § 4, 12-22-75; Ord. No. 58-98-25, § 2, 11-23-98) Cross reference—Boards and commissions generally, § 2-131 et seq. Sec. 2-265. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by the actuary as necessary for the operation of the retirement system on an actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. (b) The board shall render a report to the city commission on or before the first day of October of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-75-4, § 10, 12-22-75; Ord. No. 58-04-29, 3-8-04) Supp. No. 36 176 ADMINISTRATION § 2-266 Sec. 2-266. Same—Composition. The board of trustees shall consist of five (5) trustees as follows: (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure of the city commission, who may also serve as trustees of the police officer retirement system created in division 4 hereof; Supp. No. 36 176.1 ADMINISTRATION § 2-271 the retirement system. These services shall be obtained and the compensation for these services shall be determined in accordance with procedures established by the board. (Ord. No. 58-75-4, § 9, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-98-25, §§ 5-8, 11-23-98; Ord. No. 58-04-29, 3-8-04) Sec. 2-271. Membership. (a) All persons who are city employees, and all persons who become city employees, shall be members of the retirement system, except as provided in subsection (b) of this section. (b) The membership of the retirement system shall not include: (1) Any city employee who is employed in a position normally requiring less than one thousand (1,000) hours of work per annum; (2) Any city managerial or professional employee who is employed pursuant to an individual contract of employment which does not provide for the employee's partici- pation in this retirement system; (3) Elected officials of the city; (4) Positions which are compensated on a basis not subject to the withholding of federal income taxes or FICA taxes by the city; (5) Temporary employees; (6) Any person initially employed as or promoted to a position designated by the city as executive or department head shall elect to participate or not participate in the retirement system. Such election shall be irrevocable for as long as the employee holds such executive or department head position. Should any such member elect to discontinue participation in the retirement system, the member's entitlement to benefits hereunder shall be governed by the system's provisions in effect at the time of such discontinuance. (c) An individual shall cease to be a member upon retirement, entry into DROP, termina- tion of employment by the city, or upon ceasing to be employed in a position regularly requiring one thousand (1,000) or more hours of work in a year, or upon becoming employed in an excluded position. (d) Effective June 1, 1999, all firefighter employees of the City of Atlantic Beach are hereby consolidated into the City of Jacksonville Fire Department. On execution of this action, City of Atlantic Beach firefighter employees became members of the City of Jacksonville Police and Fire Pension Fund with full rights and benefits in accordance with Chapter 121, City of Jacksonville Ordinance Code, and with other applicable law. Such consolidation is in accordance with Resolutions 95-944-256 and 98-1006 of the City of Jacksonville, which provide for an interlocal agreement between the cities of Jacksonville and Atlantic Beach entered into Supp. No. 36 178.1 § 2-271 ATLANTIC BEACH CODE by these cities effective on the 1st day of June 1999; and the City of Jacksonville's Ordinance 1999-472-E, which was enacted on the 25th day of May, 1999 and approved on the 1st day of June 1999. (Ord. No. 58-75-4, § 11, 12-22-75; Ord. No. 58-81-5, § 1, 9-28-81; Ord. No. 58-85-6, 1-13-86; Ord. No. 58-93-19, § 1, 9- 27-93; Ord. No. 58-98-25, § 9, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-272. Credited service. Service rendered by a member of the retirement system shall be credited to the member's individual credited service account in accordance with rules the board of trustees shall from time to time prescribe and in accordance with the applicable provisions of the Florida Statutes. In no case shall more than one (1) year of credited service be credited on account of all service rendered by a member in any one period of twelve (12) consecutive calendar months. Service shall be credited to the nearest one -twelfth of a year. Service shall be credited for the total number of years, and fractional parts of years, of service of the member. A member may purchase up to five (5) years of credited service for service in the Armed Forces of the United States prior to employment by the city, by depositing the full actuarial costs of such years of credited service that would have occurred had the member been employed by the city for the number of years purchased. Such payment for said prior credited service may be made as a lump sum or in installments not to exceed the years of service purchased; however, must be paid in full prior to retirement. Installment payments shall require interest at the actuarial rate of return for the years purchased. Such purchase of prior credited service shall take effect upon vesting. If a member terminates service prior to vesting and receives a refund of employee contributions, the amount paid for such prior credited service shall also be refunded. Subject to the following: (1) Prior credited service shall not be granted for service where the member is either receiving, entitled to receive, or was entitled to receive a benefit from another governmental pension system. (2) Prior credited service under this section shall only be provided for service in the Armed Forces of the United States. (3) Actual prior service credit purchased shall be added to the years of service with the city. (4) Election to purchase prior credited service for prior service in the Armed Forces of the United States shall not exceed a total of five (5) years and shall be made in writing to the board of trustees. The cost of prior credited service purchased for such prior service shall be the full actuarial cost of all credited service purchased hereunder computed as a lump sum payment into the plan. Actual payment may, at the member's option, be extended over a period of time not to exceed the years purchased and shall be subject to interest at the assumed actuarial rate for the years purchased. Such payment may be by direct in service transfer from a participant's deferred compensation account Supp. No. 36 178.2 ADMINISTRATION § 2-275 (457 accounts) pursuant to Section 457(e)(17) of the Internal Revenue Code or any other qualified plan. Full payment of such purchased prior credited service must be completed prior to the member's actual retirement. (Ord. No. 58-75-4, § 12, 12-22-75; Ord. No. 58-91-15, § 1, 4-22-91; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-08-34, § 2, 8-11-08) Sec. 2-273. Loss of credited service. A retirement system member employed by the city on or after September 1, 2008, who terminates city employment with less than ten (10) years of credited service shall forfeit such credited service. (Ord. No. 58-75-4, § 13, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-08-34, § 3, 8-11-08) Sec. 2-274. Reinstatement of credited service. A member's forfeited credited service shall be restored to his/her individual service account if re-employment by the city and membership in the retirement system occurs within five (5) years from and after the date of separation from city employment that caused the forfeiture, provided that the member repays to the retirement system the contributions refunded under subsection 2-298(d) hereof plus interest at the actuarially assumed rate in accordance with terms established by the board of trustees. (Ord. No. 58-75-4, § 14, 12-22-75; Ord. No. 58-98-25, § 10, 11-23-98) Sec. 2-275. Military service credit. (a) A member of the retirement system who leaves or left city employment voluntarily or non -voluntarily to enter any armed service of the United States during time of war, period of compulsory military service, or period of national emergency recognized by the city commis- sion shall have required periods of active duty credited as city service subject to the following conditions: (1) The member is re-employed by the city as provided in the Uniformed Services Employment and Reemployment Rights Act (USERRA) after the date of termination of such active duty; (2) In no case shall more than the years of service provided for in USERRA be credited on account of all military service. (3) Notwithstanding any provision of this article to the contrary, contributions, benefits, and service credit with respect to qualified military service will be provided in accordance with USERRA and Section 414(u) of the Internal Revenue Code. (b) The board of trustees shall determine the amount of service to be credited a member under the provisions of this section and USERRA. (Ord. No. 58-75-4, § 15, 12-22-75; Ord. No. 58-98-25, § 11, 11-23-98; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Supp. No. 36 179 § 2-276 ATLANTIC BEACH CODE Sec. 2-276. Voluntary retirement conditions; employment after retirement. (a) A member of the retirement system may retire upon satisfaction of each of the following requirements: (1) The member files written application for retirement with the board of trustees setting forth the date retirement is to be effective; (2) The member terminates all of his/her city employment normally requiring one thousand (1,000) hours of work or more per annum on or before the date retirement is to be effective; (3) The member has met the age and service requirements for retirement specified in subsection (b). Upon retirement, a member shall be paid a pension computed according to the applicable subsections of section 2-281 or section 2-282. (b) The age and service requirements for voluntary retirement are: (1) Normal retirement: The member has attained age sixty (60) years or older, and has five (5) or more years of credited service in force. For a retirement system member employed by the city on or after September 1, 2008, normal retirement shall mean the attainment of sixty (60) or older, and has ten (10) or more years of credited service in force. (2) Early retirement: The member has attained age fifty-five (55) years or older, and has five (5) or more years of credited service in force. For a retirement system member employed by the city on or after September 1, 2008, early retirement shall mean the attainment of fifty-five (55) or older, and has ten (10) or more years of credited service in force. (c) Employment after retirement: (1) Any person who has retired as a member of this retirement system may be reemployed by the city in a position normally requiring less than one thousand (1,000) hours of work per annum or in a position not covered by this pension plan and receive retirement benefits from his/her previous employment and compensation from his/her reemployment. (2) Any person who has retired as a member of this retirement system and is subsequently reemployed by the city in any position normally requiring one thousand (1,000) hours or more of work per annum in a position covered by this pension plan shall have his/her pension benefit suspended during the period of such reemployment and shall receive additional credited service from his/her reemployment. (Ord. No. 58-75-4, § 16, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-91-14, § 1, 4-8-91; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-98-25, §§ 12, 13, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-08-34, § 4, 8-11-08) Supp. No. 36 180 ADMINISTRATION § 2-279 Sec. 2-277. Normal retirement date and payment date. (a) The normal retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (b) The early retirement date of each member shall be the first day of the month following the effective retirement of the member as indicated in the member's retirement application and as approved by the board of trustees. (c) The monthly retirement income payable in the event of normal or early retirement shall be payable on the first day of each month. (Ord. No. 58-04-29, 3-8-04) Sec. 2-278. Deferred retirement upon separation from employment (vesting). (a) A member of the retirement system who terminates city employment prior to satisfying the requirements for voluntary retirement under section 2-276 for a reason other than retirement or death, who has not received a refund of his or her member contributions, and who has the applicable period of credited service specified in subsection (b) shall remain a member and be entitled to be paid a pension upon attaining the age and service requirements for voluntary retirement, as set forth in section 2-276. Upon attaining the age and service requirement for voluntary retirement, the member shall be paid a pension computed according to the applicable subsections of section 2-281 or section 2-282 as the subsections were in force at the time a member left city employment. (b) The credited service requirement for separation from city employment with entitlement to deferred retirement is: five (5) years. For a retirement system member employed by the city on or after September 1, 2008, the credited service requirement for separation from city employment with entitlement to deferred retirement is ten (10) years. (Ord. No. 58-75-4, § 18, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-98-25, § 15, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-08-34, § 5, 8-11-08) Sec. 2-279. Disability retirement—General conditions for eligibility. (a) A member having five (5) or more continuous years of credited service and having contributed to the retirement system for five (5) years or more, or a member hired on or after September 1, 2008, having ten (10) or more continuous years of credited service and having contributed to the retirement system for ten (10) years or more, may retire from the service of the city if he becomes totally and permanently disabled as defined in subsection (b) by reason of any cause other than a cause set out in subsection (c). Such retirement shall herein be referred to as "disability retirement." (b) A member will be considered disabled if, in the opinion of the board of trustees, the member is totally and permanently prevented from rendering useful and efficient service as a city employee. Supp. No. 36 181 § 2-279 ATLANTIC BEACH CODE (c) A member will not be entitled to receive any disability retirement income if disability is as a result of: (1) Excessive and habitual use by the employee of drugs, intoxicants, or narcotics; (2) Injury or disease sustained by the employee while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime; (3) Injury or disease sustained by the employee while serving in any armed forces; or (4) Injury or disease sustained by the employee after his/her employment has terminated. (d) No member shall be permitted to retire under the provisions of this section until he/she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any member retiring under this section may be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist. If a member refuses to submit to such an examination, the member's disability pension shall be suspended until such time as the member submits to the examination. (e) The benefits payable to a member who retires from the service of the city with a total and permanent disability as a direct result of a disability commencing prior to his normal retirement date is the monthly income computed according to the applicable subsections of section 2-281 or section 2-282. (f) The monthly retirement income as computed in section 2-281 or section 2-282 to which a member is entitled in the event of his disability retirement shall be payable monthly after the board of trustees determine such entitlement retroactive to the date of application or the last day on payroll, whichever is later. If the member recovers from the disability prior to his normal retirement date, the last payment will he the payment dile next preceding the date of such recovery. If the member dies without recovering from his disability or attains his normal retirement date while still disabled, the last payment will be the payment due next preceding his death. (g) If the board of trustees finds that a member who is receiving a disability retirement income is, at any time prior to his normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. Recovery from disability as used herein means the ability of the member to render useful and efficient service as an employee of the city. (h) If the member recovers from disability and reenters the service of the city as an employee, his service will be deemed to have been continuous, but the period beginning with the first month for which he received disability retirement income payment and ending with the date he reentered the city service will not be considered as credited service for the purpose of the system. (Ord. No. 58-75-4, § 19, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-95-20, § 1, 6-12-95; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-98-25, § 16, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-08-34, § 6, 8-11-08) Supp. No. 36 182 ADMINISTRATION § 2-281 Sec. 2-280. Same -Continuation subject to re-examination; return to employment. (a) The board of trustees may require a disability retirant to undergo periodic medical examination if the disability retirant has not attained age sixty (60) years. (b) If a disability retirant refuses to submit to a medical or psychological examination, payment of the disability pension may be suspended by the board of trustees until the retirant submits to the examination. (c) A disability retirant who has been restored to employment with the city as provided in subsection (a) shall again become a member of the retirement system. (Ord. No. 58-75-4, § 20, 12-22-75; Ord. No. 58-98-25, § 17, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-281. Amount of level straight life pension. (a) Benefit group general for employees hired before April 24, 2005. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and eighty-five hundredths (2.85) percent of the retiring member's final average compensation. (b) Benefit group general for employees hired on or after April 24, 2005. Subject to section 2-285, the amount of level straight life pension shall be equal to the retiring member's benefit group general credited service multiplied by the sum of two and fifty hundredths (2.50) percent of the retiring member's final average compensation. (c) Early retirement benefit. The amount of an early retirement benefit shall be calculated as provided in subsection (a) above, taking into account credited service to the date of actual retirement and final monthly compensation as of such date. Such amount of retirement income shall be actuarially reduced to take into account the participant's younger age and earlier commencement of retirement income payments. (d) Cost -of -living adjustment. All retirement system members and beneficiaries who retired prior to January 1, 1997, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to three (3) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. Effective October 2001, all retirement system members and beneficiaries who retired prior to January 1, 2001, shall receive a one-time cost -of -living adjustment, which shall be in an amount equal to five (5) percent of the benefits paid to such retired members and beneficiaries during the immediately preceding month. (Ord. No. 58-75-4, § 21, 12-22-75; Ord. No. 58-87-8, § 1, 10-26-87; Ord. No. 58-92-18, § 1, 9-28-92; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-97-23, § 1, 7-14-97; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-01-28, § 1, 10-8-01; Ord. No. 58-04-29, 3-8-04;Ord. No. 58-05-30, § 1, 4-11-05) Supp. No. 36 183 § 2-282 ATLANTIC BEACH CODE Sec. 2-282. Optional forms of pension payment. A member of the retirement system may elect to be paid under one (1) of the following optional forms of payment in lieu of the level straight life form of payment. The election must be made in writing and filed with the board of trustees prior to the date retirement is effective. Payment will be made under the level straight life form of payment if a timely election of an optional form of payment is not made. The amount of pension under Option A and Option B shall be the actuarial equivalent of the amount of pension under the level straight life form of payment. In no event may a member's annual benefit exceed the lesser of: (1) Option A; one hundred (100) percent survivor pension: Under Option A, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. In the event the person nominated by the retirant predeceases the retirant, the monthly benefit shall increase to the amount payable under the normal form of payment for the remaining lifetime of the retirant. (2) Option B; fifty (50) percent survivor pension: Under Option B, a retirant shall be paid a reduced pension for life with the provision that upon the retirant's death, one-half of the reduced pension shall be continued throughout the future lifetime of and paid to such person as the retirant shall have nominated by written designation duly executed and filed with the board of trustees at the time of election of the optional form of payment. In the event the person nominated by the retirant predeceases the retirant, the monthly benefit shall increase to the amount payable under the normal form of payment for the remaining lifetime of the retirant. (3) Option C; social security coordinated pension: Under Option C, a retirant shall be paid an increased pension to attainment of the age when the retirant is eligible to receive regular social security retirement benefits, and a reduced pension thereafter. The increased pension paid to attainment of regular social security retirement age shall approximate the sum of the reduced pension payable thereafter plus the retirant's estimated social security primary insurance amount. (4) Other benefit form: Any other actuarially equivalent form of benefit requested by a member and approved, in their sole discretion, by the board of trustees. (5) A deferred retirement option program (DROP), shall be established and administered by the board of trustees of the City of Atlantic Beach general employees' retirement system. Such DROP shall be a self-directed program. A general employee may enter the DROP as set forth herein. (a) Eligibility. A participant of the City of Atlantic Beach general employees' retirement system may enter into the DROP on the first day of the month following the attainment of age fifty-five (55) and five (5) years of service with the City of Atlantic Beach. A participant of the City of Atlantic Beach general Supp. No. 36 184 ADMINISTRATION § 2-282 employees' retirement system employed by the city on or after September 1, 2008, may enter into the DROP on the first day of the month following the attainment of age fifty-five (55) and ten (10) years of service with the City of Atlantic Beach. However, a participant entering the DROP prior to attaining age sixty (60) shall have their benefit actuarially reduced for each year under the age of sixty (60). Participants who attained eligibility prior to the enactment of the DROP shall be afforded the option of participating immediately. (b) Written election. A participant electing to participate in the DROP must complete and execute the proper forms, which shall be supplied by the board of trustees. Election into the DROP is irrevocable once a participant enters the DROP. (c) Limitation/disqualification for other benefits. A participant may participate in the DROP only once. After commencement of participation in the DROP the employee shall no longer earn or accrue additional vesting credits toward retirement benefits and shall not be eligible for disability or pre -retirement death benefits in the City of Atlantic Beach general employees' retirement system. (d) Cessation or reduction of contributions. Upon the effective date of a participant's commencement of participation in the DROP, all contributions on behalf of the participant to the City of Atlantic Beach general employees' retirement system shall be discontinued. (e) Benefit calculation. For all City of Atlantic Beach general employees' retirement system purposes, the service and vesting credits of a participant participating in the DROP shall remain as they existed on the effective date of commencement of participation in the DROP. The participant shall not earn or be credited with any additional vesting credits after beginning DROP participation. Service thereafter shall not be recognized by the City of Atlantic Beach general employees' retirement system or used for the calculation or• determination of any benefits payable by such retirement system. The average final compensation of the participant shall remain as it existed on the effective date of commencement of participation in the DROP. Payment for unused compensatory time shall be made when the participant enters the DROP and shall be utilized in determining the final average compensation. Payment for accrued unused leave (vacation, holiday, etc.) shall be made when the participant actually terminates employment with the city. Earnings thereafter shall not be recognized by the retirement system or used for the calculation or determination of any benefits payable by the retirement system. (f) Payments to DROP account. The monthly retirement benefits, including any future cost of living increases, that would have been payable had the participant elected to cease employment and receive a normal retirement benefit shall be deposited into the participant's DROP account. (g) Drop account earnings. Earnings of each DROP account shall be in accordance with the self-directed options selected by the participant and shall continue for up Supp. No. 36 185 § 2-282 ATLANTIC BEACH CODE to sixty (60) months at which time all deposits into the account shall cease. Neither the city, the retirement system, nor the system's board of trustees shall have any responsibility or liability for any of the self-directed options selected by the participant. (h) Maximum participation. A participant may participate in the DROP for a maximum of sixty (60) months. At the conclusion of the sixty (60) months, deposit's into the participant's DROP account shall cease. The participant may terminate DROP participation by terminating from covered city employment on a date prior to sixty (60) months from the date the participant entered the DROP. A participant that elects to participate in the DROP may participate for a maximum of sixty (60) months. At the conclusion of the maximum time period, the participant's covered city employment must terminate pursuant to the resignation submitted by the participant as part of the DROP application. The participant may terminate DROP participation by advancing their resignation from covered city employment to a date prior to that submitted by the participant as part of the DROP application. (i) Expenses. All administrative fees charged for the administration and operation of the participant's DROP account shall be in accordance with the self-directed options selected by the participant and shall be the responsibility of the participant. (j) Payout. (i) Upon the termination of a participant's covered city employment (for any reason, whether by retirement, resignation, discharge or death), the retire- ment benefits payable to the participant or to the participant's beneficiary (if the participant selected an optional form of retirement benefit which provides for payments to the beneficiary) shall be paid to the participant, the participant's beneficiary or the member's estate and shall no longer be deposited into the participant's DROP account. (ii) Within thirty (30) days after the end of any calendar quarter following the termination of a participant's employment, the balance in the participant's DROP account shall be payable in accordance with the self-directed options selected by the participant. Regardless of the option selected by the participant, the board of the trustees has the right to accelerate payments in order to comply with Section 401(A)(9) of the internal revenue code and the right to defer payments to comply with section 415 of the Internal Revenue Code. (k) Death. If a DROP participant dies before the account balance is paid out in full, the participant's designated beneficiary shall have the same rights as the participant to elect and receive the pay -out options set forth in paragraph j above. DROP payments to a beneficiary shall be in addition to any retirement benefits payable to the participant. Participants who are or have been DROP participants are not eligible for pre -retirement death or disability benefits. Supp. No. 36 186 ADMINISTRATION § 2-283 (1) Forms. The forms and notices shall be approved for use in administering the DROP by the board of trustees. (m) Amendment. The city commission may amend the DROP at any time. Such amendments shall be consistent with the provisions covering deferred retirement option plans and shall be binding upon all future DROP participants and upon all DROP participant's who have balances in their accounts. Such amendments may increase the expense, decrease the account earnings, or limit or restrict the payout options. (Ord. No. 58-75-4, § 22, 12-22-75; Ord. No. 58-98-25, § 18, 11-23-98; Ord. No. 58-04-29, 3-8-04; Ord. No. 58-08-34, § 7, 8-11-08) Sec. 2-283. Death while in city employment; elective survivor pension. (a) Each member may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his/her death, and each designation may be revoked by such member by signing and filing with the board of trustees a new designation of beneficiary form. (b) Upon the death of a member who has a valid nomination -of -beneficiary in force, the beneficiary, if living, shall be paid a level straight life pension computed according to section 2-281 in the same manner in all respects as if the member had elected Option A provided in section 2-282 and retired the day preceding his/her death, notwithstanding that the member may not have satisfied the conditions for retirement. Upon a member's retirement, entry into DROP, resignation or termination as a city employee, eligibility for the death benefit payable under this section will automatically terminate. (c) If a member failed to name a beneficiary in the manner prescribed in subsection (a) above, or if the beneficiary (or beneficiaries) named by a deceased member predeceases the member, the death benefit, if any, which may be payable under the plan with respect to such deceased member, may be paid in the discretion of the board of trustees either to: (i) Any one (1) or more of the persons comprising the group consisting of the member's spouse, the member's descendants, the member's parents, or the member's heirs at law, and the board of trustees may pay the entire benefit to any member of such group or portion such benefit among any two (2) or more of them in such shares as the board of trustees, in its sole discretion, shall determine; or (ii) The estate of such member, provided that in any of such cases the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to the power and discretion conferred upon the board of trustees by the preceding sentence shall operate as a complete discharge of all obligations under the plan with regard to such deceased member and shall not be subject to a review by anyone, but shall be final, binding and conclusive on all persons ever interested hereunder. (Ord. No. 58-75-4, § 23, 12-22-75; Ord. No. 58-87-10, § 1, 11-23-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-98-25, § 19, 11-23-98; Ord. No. 58-04-29, 3-8-04) Supp. No. 36 187 § 2-284 ATLANTIC BEACH CODE Sec. 2-284. Alternate death while in city employment; pension to spouse and/or children. (a) The applicable benefits provided in subsections (b) and (c) of this section or, if the member designated the member's spouse or children, as set forth below, the benefits provided in section 2-283, whichever are greater, shall be paid if a member of the retirement system who has five (5) or more years of credited service and dies while in the employ of the city. The Supp. No. 36 188 ADMINISTRATION § 2-299 (c) If an employee leaves the service of the city before accumulating aggregate time of five (5) years, or if employee was hired on or after September 1, 2008, before accumulating aggregate time of ten (10) years toward retirement and before being eligible to retire under the provisions of this article he/she shall be entitled to a refund of all of his or her contributions made to the city pension trust fund, plus any interest accumulated at a rate of interest determined annually by the board of trustees, less any disability benefits paid to him/her. If an employee who has been in the service of the city for at least five (5) years, or if employee was hired on or after September 1, 2008, and has been in the service of the city for at least ten (10) years and has contributed to the pension trust fund as provided elects to leave his or her accrued contributions in the trust fund, such employee, upon attaining the age as required in section 2-278, may retire with the actuarial equivalent of the amount of such retirement income otherwise payable to him/her. (d) If a member who terminates employment elects a refund of contributions and: (1) Some or all of the refund is eligible for rollover treatment, as defined by the Internal Revenue Service; (2) Elects to have such eligible distribution paid directly to an eligible retirement plan or IRA; and (3) Specifies the eligible retirement plan or IRA to which such distribution is to be paid (in such form and at such time as the distributing plan administration may prescribe), the distribution will be made in the form of a direct trustee -to -trustee transfer to the specified eligible retirement plan. (Ord. No. 58-87-8, § 2, 10-26-87; Ord. No. 58-88-13, § 1, 11-28-88; Ord. No. 58-93-19A, § 1, 10-25-93; Ord. No. 58-96-21, § 1, 2-12-96; Ord. No. 58-97-22, § 1, 2-24-97; Ord. No. 58-97-23, § 2, 7-14-97; Ord. No. 58-97-24, § 1, 9-8-97; Ord. No. 58-98-25, § 32, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99 ; Ord. No. 58-99-26, § 1, 7-10-00; Ord. No. 58-05-30, § 1, 4-11-05; Ord. No. 58-06-31, § 1, 4-24-06; Ord. No. 58-08-34, § 8, 8-11-08) Sec. 2-299. Benefit limitations and required distributions. (a) Benefits paid under the city employees retirement system shall not exceed the limitations of Internal Revenue Code Section 415, the provisions of which are hereby incorporated by reference. (b) Notwithstanding any provisions in this section to the contrary, the distribution of benefits shall be in accordance with the following requirements and otherwise comply with Internal Revenue Code Section 401(a)(9) and the regulations thereunder, the provisions of which are incorporated herein by reference: (1) A member's benefit shall be distributed to him/her not later than April 1 of the calendar year following the later of the calendar year in which the member attains age seventy and one-half (701/2) or the calendar year in which the member retires. Alternatively, distributions to a member must begin no later than the applicable April Supp. No. 36 188.7 § 2-299 ATLANTIC BEACH CODE 1, as determined under the preceding sentence, and must be made over the life of the member (or the life expectancies of the member and the member's designated beneficiary) in accordance with regulations. (2) Distributions to a member and his/her beneficiary shall only be made in accordance with the incidental death benefit requirements of [Internal Revenue] Code Section 401(a)(9)(G) and the regulations thereunder. (Ord. No. 58-96-21, § 1, 2-12-96) DIVISION 4. POLICE OFFICERS' RETIREMENT SYSTEM* Sec. 2-300. Created, purpose. The police officers' retirement system is hereby created and established for the purpose of providing pensions and death benefits for the police officers of the city and their dependents in accordance with chapter 185 of the Florida Statutes. The effective date of the retirement system is on adoption of this division. However, all benefits in existence under all previous retirement systems or plans effective after December 22, 1975 shall remain in effect and be included as a part of this retirement system. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-301. Definitions. The following words and phrases as used in this division shall have the following meanings unless a different meaning is clearly required by the context: Actuarial equivalent shall mean that any benefit payable under the terms of this plan in a form other than the standard form of benefit for members shall have the same actuarial present value on the date payment commences as such standard form of benefit. For the purpose of establishing the actuarial present value of any form of payment, all future payments shall be discounted for interest and mortality by using the 1983 Group Mortality Table, with ages set ahead five (5) years in the case of disability. Beneficiary shall mean any person, designated in writing by a member who is being paid, or has entitlement to future payment, of a pension or other benefit by the retirement system for a reason other than the person's membership in the retirement system. A member may revoke such designation by signing and filing with the board of trustees a new designation of beneficiary form at any time prior to retirement, however after retirement, such designation of beneficiary may only be changed twice. The board of trustees shall require and the amount of the retirement income payable upon the designation of a new beneficiary shall be actuarially redetermined to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit, taking into account the ages and sex of the former beneficiary, the new beneficiary, and the member. '=Editor's note—Ord. No. 58-99-26, § 2, adopted July 10, 2000, set out provisions intended for use as Division 4, §§ 2 -261A -2-310A. For purposes of clarity and at the editor's discretion, these provisions have been included herein as §§ 2-300-2-310.29. Supp. No. 36 188.8 ADMINISTRATION § 2-301 Board of trustees or board shall mean the board of trustees provided for in this division. City shall mean the City of Atlantic Beach, Florida, and shall include officers, boards, departments and instrumentalities. Compensation shall mean the total cash remuneration paid a member for service rendered to the city. Compensation shall include base salary or wages, longevity pay, overtime pay, cost of living payments, salary or wages while absent from work on account of vacation, holiday, or illness, and will also include incentive pay as defined in Chapter 943.22, Florida Statutes. Compensation shall not include redemptions or payments in consideration of unused vacation time or sick leave, the value of any fringe benefit, uniform allowances, equipment allowances, reimbursement of expenses, or payments for extra duty or a special detail work performed on behalf of a second party employer or any other item not specifically included. Credited service shall mean the service credited a member as provided in this division. Final average compensation shall mean one -sixtieth (1/60) of the aggregate amount of compensation paid a member during the period of sixty (60) months of the member's credited service in which the aggregate amount of compensation paid is greatest. The sixty (60) months of credited service must be contained within the member's last one hundred twenty (120) months of credited service. If a member has less than sixty (60) months of credited service, final average compensation means the aggregate amount of compensation paid the member divided by the member's months of credited service. Member shall mean any person who is a member of the retirement system. Pension shall mean a series of monthly payments by the retirement system throughout the future life of a retirant or beneficiary, or for a temporary period, as provided in this division. Pension reserve shall mean the present value of all payments likely to be made on account of a pension. The present value shall be computed on the basis of such mortality and other tables of experience and regular annual compound interest as the actuary appointed by the board of trustees shall from time to time determine. Police officer shall mean a city employee employed by the police department who is certified or required to be certified as a law enforcement officer in compliance with sections 185.02(11) and 943.14, Florida Statutes, and who holds the rank of patrol officer or higher, including probationary patrol officer. The term police officer shall not include any civilian city employee employed in the police department, any person employed as a police officer for an emergency, or any person privately employed as a police officer. Regular interest shall mean such rate or rates of interest per annum, compounded annually, as the board of trustees shall from time to time adopt. Retirant shall mean any person who has satisfied the condition for receiving a benefit and is being paid a pension by the retirement system on account of the person's membership in the retirement system. Supp. No. 36 188.9 § 2-301 ATLANTIC BEACH CODE Retirement shall mean a police officer's separation from city employment as a police officer with immediate eligibility for receipt of benefits under the retirement system. Retirement systems or system shall mean the city retirement plan created and established by this division. Service shall mean personal service rendered to the city by a police officer. Workers' compensation benefits shall mean any amounts paid a retirant, beneficiary, spouse, or child pursuant to any workers' compensation or similar law. Redemptions or settlements of workers' compensation claim shall be considered workers' compensation benefits. Payments in consideration of medical expenses shall be disregarded in the determination of workers' compensation benefits. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-07-32, § 1, 9-10-07; Ord. No. 58-08-33, § 1, 8-11-08) Sec. 2-302. Benefit groups. (a) Benefit group police is hereby designated for the purpose of determining a retirement system member's applicable benefit eligibility conditions and benefit amount and shall consist of all members who are also full time sworn police officers. (b) Benefit eligibility conditions shall be based on the member's benefit group at the time of termination of city employment. Benefit amounts shall be based on the amount of credited service acquired in benefit group police. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Sec. 2-303. Board of trustees—Responsibilities and duties generally. The general administration, management, and responsibility for the proper operation of the retirement system, for construing, interpreting, and making effective the provisions of this division, and for making recommendations to the city commission on matters concerning this retirement system are vested in the board of trustees. Such responsibilities and duties shall be conducted in such manner as to comply with the requirements of Chapter 185 of the Florida Statutes, and shall specifically include compliance with section 185.06 therein. (Ord. No. 58-99-26, § 2, 7-10-00) Sec. 2-304. Same—Actuarial data; report to city commission. (a) The board shall keep or cause to be kept, in convenient form, such data as shall be recommended by its actuary and as required by state law (Chapters 112 and 185, F.S.) for the operation of the retirement system on a sound actuarial basis. The board shall keep or cause to be kept, in convenient form, such additional data as is required to properly report the operations of the system. Supp. No. 36 188.10 ADMINISTRATION § 2-304 (b) The board shall render all reports required by state (Chapter 185, F.S.) or federal law to appropriate agencies, with a copy to the city commission, on or before the first day of October of each year showing the fiscal transactions of the retirement system for the year ended the preceding thirtieth day of September, the assets of the retirement system as of the preceding thirtieth day of September, and a copy of the most recent actuarial report. (Ord. No. 58-99-26, § 2, 7-10-00; Ord. No. 58-04-29, 3-8-04) Supp. No. 36 188.10.1 BUILDINGS AND BUILDING REGULATIONS § 6-17 governing authority in the discharge of his duties, shall not thereby render himself personally liable, and is hereby relieved from all personal liability, for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee or member because of such act performed by him in the enforcement of any provision of this code shall be defended by the department of law until the final termination of the proceedings. (6) Reports. The building official shall submit annually a report covering the work of the building department during the preceding year. He may incorporate in said report a summary of the decisions of the board of adjustments and appeals during said year. (b) Powers and duties of the building official. (1) General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official is further authorized to render interpretations of this code, which are consistent with its spirit and purpose. (2) Right of entry. Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the building official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry. When the building official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this Code. (3) Stop work orders. Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state Supp. No. 36 409 § 6-17 ATLANTIC BEACH CODE the conditions under which work may be resumed. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. (4) Revocation of permits. a. Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentations as to the material fact in the application or plans on which the permit or approval was based. b. Violation of code provisions. The building official may revoke a permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. (5) Unsafe building or structure. For the purpose of this Code, any building or structure which has any or all of the conditions or defects hereinafter described, shall be deemed a public nuisance and an unsafe, substandard, and dangerous building, provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants are endangered or to the extent that such building or structure creates a substantive adverse effect to the surrounding neighborhood, business environment or property values. Such structures and buildings shall be abated in accordance with the procedures of the 2006 International Property Mainte- nance Code. a. Whenever any door, aisle, passageway, stairway, or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. b. Whenever the stress in any material, member, or portion thereof, due to all deal and live loads, is more than one and one-half (1112) times the working stress allowed in the Florida Building Code, for new buildings of similar structure, purpose or location. c. Whenever any portion thereof has been damaged by fire, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Florida Building Code, for new buildings of similar purpose, or location. d. Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property. e. Whenever any portion of a building, or any member, appurtenance, or ornamen- tation on the exterior thereof is not of sufficient strength or stability, or is not Supp. No. 36 410 BUILDINGS AND BUILDING REGULATIONS § 6-17 anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-third (1/3) of that specified in the Florida Building Code, for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted in the said Florida Building Code for such buildings. f. Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of similar new construction. Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of: 1. dilapidation, deterioration, or decay; 2. faulty construction; 3. the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; 4. the deterioration, decay or inadequacy of its foundation. h. Whenever, for any reason, the building or structure, or any portion thereof is manifestly unsafe for the purpose for which it is being used. i. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. Whenever the building or structure, exclusive of the foundation shows thirty- three (33) percent or more damage or deterioration of its supporting member or members, or fifty (50) percent damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings. k. Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become: 1. an attractive nuisance to children; 2. a harbor for vagrants, criminals; or 3. as to enable persons to resort thereto for the purpose of committing unlawful acts. g. J• 1. Whenever any building or structure has been constructed, or exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of Atlantic Beach, as specified in the Florida Building Code, or International Housing Code relating to the condition, locations, or structure of buildings. m. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has any nonsupporting part, member or portion less than thirty-three (33) percent, or in any supporting part, member or portion less than fifty (50) percent of the (1) strength, (2) fire -resisting qualities Supp. No. 36 410.1 § 6-17 ATLANTIC BEACH CODE or characteristics, or (3) weather -resistant qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location. n. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by a State of Florida Health Official to be unsanitary, unfit for human habitation, or in such conditions that is likely to cause sickness or disease. o. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. Whenever any building or structure has been neglected or been allowed to deteriorate to such an extent that it has a blighting influence on the surrounding neighborhood. Such condition should be determined by common, reasonable observation of the building structure's exterior cladding. (6) Requirements not covered by code. Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or the other technical codes, shall be determined by the building official. (Ord. No. 25-02-32, § 2, 11-11-02; Ord. No. 25-08-38, § 1.A.(2), (3) 2-25-08; Ord. No. 25-08-40, § 2, 25 08) P. Sec. 6-18. Construction site management. (a) Issuance of permit. No building permit shall be issued unless a construction site management plan has been submitted and approved by the building official. Persons who intend to make any of the following improvements: lot clearing, grading, stockpiling of soil, demolition, building construction or reconstruction, building alteration or addition shall designate either a licensed contractor or owner -builder for the purposes of the construction site management requirements. These requirements set minimum standards for the operation of the project site to eliminate or minimize impacts to the site and to the neighborhood to include containment of sediment, surface water discharge, erosion of soil, vehicle parking and loading area, traffic control, fencing, placement of materials, safety, neatness and cleanliness. Supp. No. 36 410.2 BUILDINGS AND BUILDING REGULATIONS § 6-121 c. Atlantic Boulevard on the south and the first and second districts on the east are hereby declared and determined to be the zero coordinates or axis of this numbering system, except where the street is a continuation of a street in the first or second districts, and in that case, the coordinates or axis shall be that of the first or second district, whichever is the case. d. On every street, one hundred (100) numbers shall be assigned for every five hundred (500) feet, except where streets intersect less than one thousand (1,000) feet apart, in which case one hundred (100) numbers shall be assigned according to subsection (2)d of this section. e. According to subsection (1)e of this section. (Code 1970, § 6-16) Sec. 6-111. Removing or defacing. No person shall remove or deface or attempt to remove or deface any numbers attached to buildings under the provisions of this article. (Code 1970, § 6-17) State law reference—Criminal mischief, F.S. § 806.13. Secs. 6-112-6-119. Reserved. ARTICLE VIII. PROPERTY MAINTENANCE CODE Sec. 6-120. Adoption. There is hereby adopted, basic minimum housing standards deemed essential for safe, healthful living, that certain code known as the International Property Maintenance Code, most current edition, published by the Southern Building Code Congress International, Inc. (Ord. No. 25-89-21, § 1, 6-12-89; Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(6), 4-22-96; Ord. No. 25-98-30, § 1, 6-22-98; Ord. No. 25-08-38, § 1.A.(4), 2-25-08) Sec. 6-121. Amendments. The following sections of the IPMC [International Property Maintenance Code] are hereby revised as follows: (a) Section 101.1 Title. Insert:" The City of Atlantic Beach." (b) Section 102.3 Application of other codes. Amend to delete International Building Code, International Fuel Gas Code, International Mechanical Code and the ICC Electrical Code and replace with "State of Florida Building Codes and the National Electrical Code." (c) Section 103 Title. Amend to read: "Building Department and Code Enforcement Division." Supp. No. 36 421 § 6-121 ATLANTIC BEACH CODE (d) Section 103.1 General. Amend to read: "The building department and code enforce- ment division shall be designated to enforce the provisions of this code." (e) Section 103.5 Fees. Delete this section. (f) Section 110.1 General. Delete "for a period of two years" and replace with "6 months." (g) Section 110.3 Failure to comply. Add sentence to state: "All administrative costs to the City of Atlantic Beach shall be considered when determining total cost of demolition." (h) Section 111.1 Application for appeal. Amend to read: "Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Code Enforcement Adjustments and Appeals Board, provided that a written application of appeal is filed within 20 days after the day of the decision, notice or order was served." (i) Section 302.4 Weeds. In the first sentence, delete "(jurisdiction to insert height in inches)" and substitute "12 inches." (j) Section 304.14 Insect Screens. In the first sentence, delete "[date] to [date]" and substitute "March 1 to December 1." (k) Section 602.3 Heat Supply. In the first sentence, delete "[date] to [date]" and substitute "November 1 to March 31." (1) Section 602.4 Occupiable workspaces. In the first sentence, delete "[date] to [date]" and substitute "November 1 to March 31." (Ord. No. 25-08-40, § 1, 8-25-08) Secs. 6-122-6-140. Reserved. ARTICLE IX. RESERVED* Secs. 6-141-6-160. Reserved. ARTICLE X. AMUSEMENT DEVICE CODE Sec. 6-161. Adopted. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, the Standard Amusement Device Code, 1997 edition. (Ord. No. 25-92-23, § 1, 11-9-92; Ord. No. 25-96-28, § 1(8), 4-22-96; Ord. No. 25-98-30, § 1, 6-22-98) *Editor's note—Ord. No. 25-02-32, § 1, adopted November 11, 2002, repealed former Art. IX, §§ 6-141-6-6-160, which pertained to the gas code, and derived from Ord. No. 25-92, 23, § 1, adopted November 9, 1992, Ord. No. 25-96-28, § 1(7), adopted April 22, 1996, and Ord. No. 25-98-30, § 1, adopted June 22, 1998. Supp. No. 36 422 [The next page is 469] NUISANCES § 12-2 insects or rodents; creates physical conditions that endanger the health or safety of humans, that are detrimental to property values, or that tend to degrade the appearance of a neighborhood. b. Whenever an animal defecates upon any property not owned, leased, rented, or otherwise in the care, custody or control of the animal's owner, the animal's owner shall immediately remove and properly dispose of feces. The only exception is by permission of the property owner. c. An owner shall remove and properly dispose of feces and other animal wastes on owner's property so as to avoid noxious and nauseous odors that are irritating, annoying or offensive to a person of normal sensibilities; or that are injurious to human, plant or animal life; or that reasonably interfere with the use and enjoyment of property. d. It shall be unlawful for the owner, or any person having temporary custody, of an animal or animals to permit the animal(s), either willfully or through failure to exercise due care or control, to commit a nuisance by running at large habitually; by chasing or running after vehicles or persons habitually; by trespassing upon public or private school grounds habitually; by trespassing upon private property habitually and interfering with the reasonable use and enjoyment of the property; by barking habitually, or by making other objectionable animal noises habitually; or by doing any other thing habitually which is so offensive as to create a nuisance. For purposes of this section, "habitually" means at least two (2) separate occurrences within a time period of no more than one (1) month; except that barking habitually or making other objectionable animal noises habitually means making the sound persistently or continuously for at least thirty (30) minutes occurring at least three (3) separate times within a period of no more than thirty (30) days. (Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1, 1-8-90; Ord. No. 95-02-80, § 1, 11-11-02; Ord. No. 95-04-88, 7-26-04; Ord. No. 25-08-38, § 4, 2-25-08; Ord. No. 95-08-95, § 2, 3-27-08) Sec. 12-2. Notices, hearings, abatement of conditions. (a) Whenever it is determined by the city manager or his designee after investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the city manager or his designee may, by order in writing, direct any nuisance affecting the sanitary condition of the city or the public health of the city to be abated. The order shall be served upon the owner or occupant or person having the care or custody of the particular property. Where formal notification cannot be served upon the owner, occupant or custodian or public safety precludes the use of certified mail, the order shall be posted in a conspicuous place upon the premises. (b) Upon written notification, or the posting of the property, and within the time allotted for correction, the owner and/or occupant of the property may make written request to the city commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the city and the property owner and/or occupant may introduce such evidence as deemed necessary. Supp. No. 36 737 § 12-2 ATLANTIC BEACH CODE (c) If within the time allotted, the condition described in the notice has not been remedied, the city manager or his designee shall cause the condition to be remedied by the city at the expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant, the city manager or his designee may cause the condition to be remedied by the city at the expense of the property owner and/or occupant unless the city commission otherwise directs. (d) After causing the condition to be remedied, the city manager or his designee shall certify to the director of finance the expense incurred in remedying the condition, whereupon the expense plus a charge equal to one hundred (100) percent of the expense to cover city administrative expenses shall become payable immediately, and a special assessment lien and charge will be made and recorded upon the property which shall be payable with interest at the rate of ten (10) percent per annum from the date of the certification until paid. The lien shall be enforceable in the same manner as a tax lien in favor of the city and may be satisfied at any time by payment thereof including accrued interest. Notice of the lien shall be recorded in the public records of Duval County, Florida, and may also be filed in the office of the city clerk. (Ord. No. 55-82-20, § 2, 3-22-82; Ord. No. 95-04-88, 7-26-04; Ord. No. 95-08-96, § 1, 9-8-08) Sec. 12-3. Reserved. Editor's note—Ord. No. 95-04-88, adopted July 26, 2004, repealed § 12-3 which pertained to penalties for violation of this chapter and derived from Ord. No. 55-82-20, § 3, 3-22-82. Supp. No. 36 738 [The next page is 787] SOLID WASTE AND RECYCLING § 16-9 Sec. 16-5. Hazardous or electronic waste. The city holds twice -yearly hazardous waste collection events at city hall, which include collection of electronic waste (e -waste). Otherwise, Duval County residents may recycle electronic waste at the City of Jacksonville Household Hazardous Waste Facility at 2675 Commonwealth Avenue. Hours of operation are Tuesday through Saturday, 8 a.m. until 5 p.m. The facility is closed on Sunday and Monday. For more information, call 387-8847. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-33, § 1(3), 6-23-08) Sec. 16-6. Burial of solid waste. No solid waste shall be buried upon the premises of the person by whom the solid waste is accumulated. No solid waste shall be buried elsewhere in the city except upon written permission of the city manager. Composting shall not be considered burial or disposal. (Ord. No. 55-07-31, 3-26-07) Sec. 16-7. Depositing on vacant lots, streets, parks, etc., prohibited; compost piles. (a) It shall be unlawful to deposit garbage, trash, recyclable items or any other solid waste including old furniture, appliances, bedsprings, tires, building materials or auto parts upon any vacant or unoccupied premises of the city, or upon any street roadway or in the drainage gutter or drainage swale or ditch, alley, road median or park. (b) It shall be unlawful for any person to deposit yard trash upon any adjoining lot or premises, whether vacant or improved, occupied or unoccupied, or upon any other lot or premises, or a street roadway or in the drainage gutter or drainage swale or ditch, plaza, alley, road median or park, or in any canal, waterway, lake or pool within the city. Yard trash containing no combustible matter or matter which will, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. (Ord. No. 55-07-31, 3-26-07) State law reference—Florida Litter Law, F.S. § 403.413. Sec. 16-8. Removal of lot clearing, contractors' debris; oil and grease. Trash and debris caused from tree removal or trimmings or debris from lot clearing shall be removed by the owner. The owner or contractor performing the work shall remove contractors' debris caused from building, rebuilding or otherwise altering of buildings or structures. Spent oils or greases accumulated at garages, filling stations or similar establishments will not be removed by the franchisee. (Ord. No. 55-07-31, 3-26-07) Sec. 16-9. White goods, bulk items and special pickups, procedure and fees for removal. All residents, occupants and owners of residential premises, other than multifamily residential units receiving dumpster service for garbage, in the city who have not arranged for Supp. No. 36 949 § 16-9 ATLANTIC BEACH CODE private disposal of white or bulk goods shall have such goods removed and disposed of by the franchisee of the city by placing such goods curbside on pickup day. For residential collection, the fee for pickup, other than special pickup of excess yard waste, shall be included in monthly sanitation fees. Cost of white goods pickup for businesses and multifamily residential units receiving dumpster service for garbage and for collection of excess yard waste shall be in accordance with the special pickup fee schedule approved by the city manager. (Ord. No. 55-07-31, 3-26-07) Sec. 16-10. Fees for collection. All residents, occupants and owners of premises in the city shall have accumulations of solid waste removed and disposed of by the franchise, and for the service of solid waste removal shall pay the city the sums as promulgated by ordinance shown below for each type of service. (1) Residential: monthly payments shall be computed by multiplying the initial number of residential units in the service area times seventeen dollars and seventy-eight cents ($17.78) per household for garbage, recycling, and yard waste. (2) Multifamily residential (curbside, all residential services): Monthly payments shall be computed by multiplying the initial number of residential units in the service area times seventeen dollars and seventy-eight cents ($17.78) per household for garbage, recycling and yard waste. (3) Multifamily residential recycling using toters: Monthly recycling bill shall be computed by multiplying the number of toters times nine dollars and fifty-two cents ($9.52) times four and thirty-three hundredths (4.33) in accordance with subsection (11) below. (4) Multifamily (containers emptied by mechanical means): Monthly payments shall be computed by multiplying the total monthly yardage based on container size by the rate of five dollars and fifty-eight cents ($5.58) per cubic yard. For users of two (2) cubic yard containers, monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of six dollars and seventy-two cents ($6.72) per cubic yard for containerized garbage. (5) Commercial (curbside, all residential services): Monthly payments shall be computed by multiplying the number of business units in the service area times seventeen dollars and seventy-eight cents ($17.78) per business for garbage, yard waste and recycling. (6) Commercial (curbside, garbage only, twice a week collection): Monthly payments shall be computed by multiplying the number of commercial toters times seventeen dollars and seventy-eight cents ($17.78) for garbage. (7) Commercial (containers emptied by mechanical means): Monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of five dollars and fifty-eight cents ($5.58) per cubic yard for containerized garbage based Supp. No. 36 950 SOLID WASTE AND RECYCLING § 16-13 on container size. For users of two (2) cubic yard containers, monthly payments shall be computed by multiplying the total monthly commercial yardage collected by the rate of six dollars and seventy-two ($6.72) per cubic yard for containerized garbage. (8) Commercial (roll -off containers): Monthly payments shall be computed by multiplying the total number of roll -off pulls by thirty-two dollars and twenty-four cents ($32.24) per yard (based on container size other than C&D containers). For roll -off compactors, monthly payments shall be computed by multiplying the total number of roll -off pulls by sixteen dollars and seventy-five cents ($16.75) per yard multiplied by container size. (9) VIP compactors (FEL): Monthly payments shall be computed by multiplying the total monthly commercial yardage collected based on container size by the rate of sixteen dollars and thirty-two cents ($16.32) per cubic yard for compacted containerized waste. (10) Special pickups including extra service, excess yard waste and commercial bulk pickups: Special pickups shall be billed at the rate listed in the schedule of standard charges approved by the city commission. (11) [Standardized billing.] For billing standardization purposes, monthly payments will be calculated assuming four and thirty-three hundredths (4.33) weeks per month. (Ord. No. 55-07-31, 3-26-07; Ord. No. 55-08-32, § 1, 2-25-08; Ord. No. 55-08-34, § 2, 9-22-08) Sec. 16-11. Annual review of fees. A review of residential and commercial solid waste rates shall be conducted annually by the director of finance and may be adjusted by ordinance as franchise rates are negotiated between the city and franchisee in accordance with contractual requirements and any unforeseen future disposal fees. (Ord. No. 55-07-31, 3-26-07) ARTICLE II. FRANCHISE AGREEMENTS Sec. 16-12. Residential and commercial solid waste collection franchise. This article shall be known and may be cited as the "Atlantic Beach Residential and Commercial Solid Waste Collection Franchise Ordinance." (Ord. No. 55-07-31, 3-26-07) Sec. 16-13. Grant of authority. (a) This article herein sets forth the conditions for the grant of exclusive right, privilege and franchise to provide residential and commercial solid waste collection services within the city. (b) Any franchise granted under the provisions of this article shall include the right to operate collection vehicles on the public streets of the city and to conduct a residential and commercial solid waste collection business within the city. Supp. No. 36 951 § 16-13 ATLANTIC BEACH CODE (c) This article grants no authority to operate a residential and commercial garbage collection business to any individual, partnership or corporation. Such a grant can only be made by the award of a city solid waste franchise contract to a specific applicant who has complied with the provisions of this article. (d) So long as a franchisee shall perform the services set forth herein no other private refuse collector shall be permitted by the city to provide residential and/or commercial solid waste collection services within the city, except for services not covered under the solid waste franchise contract. (Ord. No. 55-07-31, 3-26-07) Sec. 16-14. Franchise award procedures. (a) The city may award a franchise as described herein by approval of a majority of the commission. The city, prior to award of a franchise, shall issue request for proposals or bids. (b) After award of the franchise the franchisee shall have thirty (30) calendar days, unless extended by the city, to acknowledge acceptance by notarized signature execution of the solid waste franchise contract. The effective date of the franchise shall be stated in the franchise contract. (c) All provisions of the solid waste franchise contract shall be incorporated by reference as part of this article. (Ord. No. 55-07-31, 3-26-07) Sec. 16-15. Term. (a) The term of any franchise granted under this article shall be as stated in the solid waste franchise contract; however, the city reserves the right to terminate the same at any time during the term hereof if the franchisee defaults in any one (1) of the terms and conditions set forth in the franchise contract. (b) The term of the franchise may be extended for additional terms, as provided for in the solid waste collection franchise contract. Provided, however, in no manner shall this clause be construed to vest in the franchisee any right or option to extend the term of this franchise beyond the termination date set forth in subsection (a) of this section. (Ord. No. 55-07-31, 3-26-07) Sec. 16-16. Franchise fees. Franchise fees may be enacted by the city commission by ordinance, and may be charged in accordance with the same or the provisions of the franchise contract. Franchise fees may be a percentage of the gross revenue for one (1) or more types of waste collection services provided within the city limits, whether or not service is provided under the franchise contract or by the contract franchisee. Supp. No. 36 952 SOLID WASTE AND RECYCLING § 16-17 For any services required to be performed under this franchise, the charges by the city to the recipients of the solid waste collection services shall be as set forth by city ordinance. (Ord. No. 55-07-31, 3-26-07) Sec. 16-17. Noncompliance. The franchisee shall not be required to collect any garbage, recyclable items or yard trash that does not comply with this chapter. (Ord. No. 55-07-31, 3-26-07) Supp. No. 36 952.1 TAXATION § 20-59 Sec. 20-58. Exemptions. Except from the provisions of this article are those persons exempt under F.S. § 205.063 et seq. Sec. 20-59. Schedule of fees. No person, firm or corporation shall engage in or manage any trade, business, profession, or occupation without first obtaining a receipt and paying an annual fee, which shall be assessed as follows: MANUFACTURING ESTABLISHMENTS: Manufacturer, all: 0-1,500 sq. ft $56.22 1,501-5,000 sq. ft 94.82 5,001-15,000 sq. ft 126.78 15,001 sq. ft. and over 317.52 PROFESSIONAL ESTABLISHMENTS (Physical facility) Any person applying for a business tax receipt to practice any profession regulated by the state department of professional regulation, or any other state board or commission thereof, must exhibit an active state certificate, registration, or license, before the business tax receipt may be issued. This classification of business tax shall consist of, but shall not be limited to, the following types of business, and the business tax for the professional establishment shall be assessed at the rate indicated. 0-1,500 sq. ft $56.22 1,501-5,000 sq. ft 94.82 5,001-15,000 sq. ft 126.78 15,001 sq. ft. and over 317.52 Accountancy firm/corporation Architect firm/corporation Air conditioning/heating Attorney firm/corporation Barber shop Beauty shop Brokerage firm/corporation: Mortgage, stocks, bonds Building contractor Supp. No. 36 1165 § 20-59 ATLANTIC BEACH CODE Cosmetology salon Cosmetology school Day care, adult Day care, children Dental lab Detective/investigative agency Diet/weight control center Educational establishment (trade, technical) Electrical contractor Engineer firm/corporation Funeral home General contractor Hearing aid center Insurance agency Land surveyor business Landscape architect firm/corporation Loan company Massage establishment Mechanical contractor Medical office Miscellaneous, other than listed Nursing home Optometry office Pharmacy Plumbing/septic tank contractor Pool/hot tub/spa contractor Real estate appraiser Real estate agency Residential contractor Roofing contractor Supp. No. 36 1166 TAXATION § 20-59 Security systems contractor Sheet metal contractor Solar energy contractor Title company Underground utilities contractor Veterinary establishment Banks, national or state, credit union $317.52 Insurance company (Transacting any class of insurance within the municipal limits of the city, whether or not maintaining a place of business within the municipal bound- aries) $190.72 In addition to the license for the professional establishment (physical facility), each professional engaged in such practice or profession shall pay a business tax as indicated. This classification of business tax shall consist of, but shall not be limited to, the following: Accountant, each $113.55 Acupuncturist 37.49 Architect 113.55 Attorney 113.55 Auctioneer 113.55 Barber 37.49 Beautician 37.49 Building contractor 37.49 Chiropractor 113.55 Cosmetologist 37.49 Dental hygienist 37.49 Dental radiographer 37.49 Dentist 113.55 Detective/investigator 37.49 Dietitian 37.49 Electrician 37.49 Engineer 113.55 Supp. No. 36 1167 § 20-59 ATLANTIC BEACH CODE Funeral director/embalmer 113.55 General contractor 37.49 Hearing specialist 113.55 Insurance agent 113.55 Land surveyor 113.55 Landscape architect 113.55 Marriage or family counselor 113.55 Massage therapist 37.49 Mental health counselor 113.55 Miscellaneous, other than listed 37.49 Miscellaneous contractor 37.49 Mortgage broker 113.55 Nail specialist 37.49 Full specialist (nails/skin care) 37.49 Naturopath 113.55 Nursing home administrator 113.55 Occupational therapist 113.55 Optician 113.55 Optometrist 113.55 Pharmacist (Exempt - F.S. 205.196) Exempt Physical therapist 113.55 Physician 113.55 Plumber 37.49 Podiatrist 113.55 Professional, other than listed 113.55 Psychologist 113.55 Real estate appraiser 37.49 Real estate sales agent 37.49 Real estate broker 37.49 Residential contractor 37.49 Respiratory care practitioner/therapist 113.55 Supp. No. 36 1168 TAXATION § 20-59 Stocks/bonds broker 113.55 Veterinarian 113.55 RETAIL ESTABLISHMENTS: The business tax for retail establishments shall be assessed at the following rates: 0-1,500 sq. ft $56.22 1,501-5,000 sq. ft 94.82 5,001-15,000 sq. ft 126.78 15,001 sq. ft. and over 317.52 Antiques Appliance sales Art gallery/dealer Art framing/arts and crafts Auto new/used Auto parts/supplies Bakery Beauty supply Bicycles Boat, new/used Book stores/stationers Building supplies Butcher/meat market Cabinet/carpentry shop Candy/pop corn Ceramics Clothing Collectibles Communications equipment (cell phones/beepers) Computer, hardware/software Convenience store Cosmetics Supp. No. 36 1169 § 20-59 ATLANTIC BEACH CODE Crafts/home accessories Gifts/greeting cards Decorator sales Delicatessen Department/variety store Electronic equipment/radio/television Fabric shop Fish/seafood market Fishing supplies (bait and tackle) Fish: tropical/aquarium Floor coverings: carpet, tile, etc. Florist, cut flowers, plants, etc. Furniture sales Garden center/nursery Gas, LP dealers Glass: auto, plate, window, mirror Grocery store Guns/firearms dealer Hardware store Health food store Ice cream vendor (mobile) Ice cream parlor Internet sales Jewelers Liquor store (not for consumption on premises) Lumber yard/sales Mail order/catalog sales Marine equipment/supplies Miscellaneous sales, other than listed Mobile home/RV dealer Supp. No. 36 1170 TAXATION § 20-59 Motorcycle sales, new/used Music shop Office equipment/supplies Optical devices/equipment sales Pawnshop Pet shop, sales/supplies Photographic equipment/supplies Plumbing fixtures/supplies Records/tapes/CD/video sales Secondhand/thrift stores Shoe sales Sporting goods Tobacco products Toy store Trophy/award sales Video equipment sales/rental Wall covering/window treatment Water companies, bottled or bulk SERVICE ESTABLISHMENTS: The business tax for service establishments shall be assessed at the following rates: 0-1,500 sq. ft $56.22 1,501-5,000 sq. ft 94.82 5,001-15,000 sq. ft 126.78 15,001 sq. ft. and over 317.52 Advertising agency, firm or corporation engaged in creation, production or sale of media intended to promote or advertise Advertising, billboards, highway and wall signs (covering fabrication, erection and/or maintenance of any type sign which is located on private property, exclusive of neon, which is covered under general receipt) Supp. No. 36 1171 § 20-59 ATLANTIC BEACH CODE Advertising, outdoor (general receipt covering all phases of advertising as defined in F.A. Ch. 479, relating to outdoor advertisers and including erecting, servicing and maintaining of electrical and neon signs) Animal grooming/kennel Apartment building/complex (Based on total sq. footage) Appliance service/repair Auto: Car wash Customizing/detailing Oil change Machine shop/welding Paint and body shop Rental/U-drive Road service/towing Service/repair Stereo/accessories installation Storage Tire dealer Service station (The number of pumps shall be calculated either individually or by island as numbered by the service station) 1 4 pumps $56.22 5-9 pumps 94.82 10-12 pumps 126.78 Over 12 pumps 317.52 Bar/lounge/tavern With one (1) COP receipt, add 62.83 With 2 COP receipt, add 126.78 With 4 COP receipt, add 254.67 With lounge and/or micro brewery, add 317.52 Boat repair Bowling alleys Supp. No. 36 1172 TAXATION § 20-59 Bookkeeping Building inspection Carpentry Carpet cleaners Catering Cement/stone/brick Cemetery Charter vessel Each vessel up to 25 ft 54.01 Plus $11.57 per foot additional for vessels over 25 ft. Vessels over 25 ft. require city commission approval Cleaning/janitorial/maid service Computer services Computer classes Consultant/systems analyst Computer repairs Software programs, writing of Consultant, not otherwise classified Country club With 1 COP receipt, add 62.83 With 2 COP receipt, add 126.78 With 4 COP receipt, add 254.67 With lounge and/or micro brewery, add 317.52 Dance hall With 1 COP receipt, add 62.83 With 2 COP receipt, add 126.78 With 4 COP receipt, add 254.67 With lounge and/or micro brewery, add 317.52 Delivery/messenger service Decorator/interior design Drywall installation Supp. No. 36 1173 § 20-59 ATLANTIC BEACH CODE Dredging/excavation contractor Employment agency Environmental services/consultant Fences, metal/wood contractor Fortune teller, clairvoyant, psychic, palmist spirit medium, etc. Financial consultant Foundation contractor Fuel oil service Furniture repair/upholstery Glass tinting/coating Health spa/gym Hotel/motel/rooming houses With 1 COP receipt, add 62.83 With 2 COP receipt, add 126.78 With 4 COP receipt, add 254.67 With lounge and/or micro brewery, add 317.52 Insulation contractor Instructional establishment: Arlsicrafts Computer/secretarial Dance/music/fine arts Karate/martial arts Irrigation contractor Junk/salvage yard Land development company Landscaping/lot clearing Laundromat, self service Laundry/dry cleaner Lawn/yard service Linen service Locksmith Supp. No. 36 1174 TAXATION § 20-59 Machine repair/fabrication/welding Management company (Managing the property or business of another person, firm or corporation) Manufacturer's agent/representative Marina Per slip/space up to 50 ft $12.12 Plus additional $12.12 for each additional foot over 50 ft. Marine construction (docks etc.) Masonry/ceramic tile Minor contractor (Miscellaneous odd jobs/repair) Miscellaneous service establishment, other than listed Mobile home parks Motion picture theater/establishment Motorcycle repair Moving/storage company Newspaper, branch office/publishing Office equipment maintenance Packing/shipping/mail service Painting/paper hanging Pest control/exterminator Photographer Photo processing service Piano tuner Pool service/maintenance Printer/print shop Process server Promoters of entertainment, exhibits, shows, event planner Publishing/public relations company Radio station/broadcasting company Radio/television/VCR repair Recycling company Supp. No. 36 1175 § 20-59 ATLANTIC BEACH CODE Rentals: Bicycles Equipment Furniture/appliances Video tapes, etc. Other Restaurants (this classification also includes snack bars and take-out only service) With 1 COP receipt, add 62.83 With 2 COP receipt, add 126.78 With 4 COP receipt, add 254.67 With lounge and micro brewery, add 317.52 Screen printing Secretarial service/data processing Security systems monitoring service Septic tank cleaning Shoe repair Sign painters/sign builders Signselectric/neon Solicitation, door to door (unless exempted by chapter 18 of this Code or F.S. Chapter 496) (Plus $35.00 to cover the cost of investigation, section 18-3 of this Code) Small engine repair Sprinkler systems (fire) Storage/mini warehouses Tanning salon Tailor/dressmaker Telegraph service Telemarketing Telephone answering service Trailer park/tourist camp Supp. No. 36 1176 TAXATION § 20-59 Travel agency Tree service/tree surgeon Water softening/conditioning Web site consultant Well digger Window installation/service Other service establishments: Telephone company (subject to franchise) First 1,000 phones or instruments or fraction thereof, per phone or instrument operated or installed $.0819 Second 1,000 phones or instruments or fraction thereof over 1,000, per phone or instrument operated or installed $.0651 All over 2,000 phones or instruments, per phone or instrument operated or installed $.0483 Transportation: In addition to the receipt for the business establishment (physical facility), each individual engaged in transportation shall pay a business tax fee for each vehicle involved in the business, as follows: Taxi/limousine service Limousine, per vehicle $30.87 Taxi cabs 30.87 Towing/wrecker service Towing/wrecker service, per vehicle 30.87 Trucking Truck, per vehicle 30.87 Vending machines: The receipt for vending machines shall be the responsibility of the business where the vending machines are located and shall be in addition to other license(s) required for the business. Vending machines shall mean any amuse- ment/game machine, pool/billiard table, electronic music machine and any machine which dispenses a product. 0-3 machines 30.87 4-10 machines 62.83 11-19 machines 126.74 Supp. No. 36 1177 § 20-59 ATLANTIC BEACH CODE 20 or more machines (arcade) 317.52 Commission approval will be required before business tax receipts will be issued for the following businesses, and business taxes shall be as follows: Passenger vessel 1-50 passenger capacity 121.27 51-100 passenger capacity 1,215.50 101 or more passenger capacity 151,938.27 Day labor employment service 6,077.52 Escort service 30,387.65 Body piercing/tattoo artist 231.52 Lingerie modeling shop 30,387.65 900 telephone service or equivalent 30,387.65 Sexually oriented live entertainment 30,387.65 Teen club 5,788.12 (Code 1970, § 10-5; Ord. No. 45-80-4, 9-8-80; Ord. No. 45-84-6, § 1, 9-24-84; OrdNo. 45-86-7, § 1, 1-12-87; Ord. No. 45-90-8, § 1, 6-25-90; Ord. No. 45-91-9, § 1, 1-28-91; Ord. No. 45-92-10, 1, 4-13-92; Ord. No. 45-94-11, § 2, 6-27-94; Ord. No. 45-98-13, § 1, 7-13-98; Ord. No. 45-00-14, § 1, 7-24-00; Ord. No. 45-00-15, § 1, 9-11-00; Ord. No. 45-01-16, § 1, 1-14-02; Ord. No. 45-03-17, § 1, 6-23-03; Ord. No. 45-06-18, § 3, 9-25-06; Ord. No. 45-08-19, § 1, 11-10-08) Secs. 20-60-20-75. Reserved. ARTICLE IV. INSURANCE PREMIUM TAXES Sec. 20-76. Casualty risks. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with respect to casualty risks, as shown by the records of the insurance commissioner of the state, an excise or business tax in addition to any business tax or excise tax now levied by the city, which tax shall be in the amount as established by F.S. 185.08 of the gross amount or receipts of premiums from policyholders on all premiums collected on casualty insurance policies covering property within the corporate limits of the city. (Ord. No. 45-80-4, 9-8-80; Ord. No. 70-02-15, 8-12-02; Ord. No. 45-06-18, § 4, 9-25-06) State law reference -Authority for this section, F.S. § 185.08. Supp. No. 36 1178 UTILITIES § 22-14 unless otherwise directed by the finance director or his authorized representative and so noted on the account. If meter malfunctions are caused by tampering or customer -inflicted damage, the back -billed period may be extended to the maximum period allowed by state statute. (e) Adjustment for leaks on consumer's side of meter. An adjustment may be made to the rate charged for excessive water volume consumed as a result of a leak on the user's side of the meter. The adjustment for water volume charges would be based on water usage in excess of that location's average normal monthly consumption for the previous twelve-month period. The adjusted rate for those excess gallons used would be the rate in effect for the four (4) to eight (8) thousand gallon usage per month block rate. Also, an adjustment may be made to the sewer volume portion of the utility bill as a result of a leak on the consumer side of the meter if the water service was broken at the point where the discharge did not enter the sanitary sewer system. The city shall decide the extent of the adjustment based on water usage in excess of that location's average monthly usage for the previous twelve-month period. Any request for an adjustment for either water volume or sewer volume charges must be accompanied by documentation of the leak, in a format acceptable to the city. No allowances will be made due to running water due to weather conditions. (f) Adjustments for filling a swimming pool. A one time, per owner, allowance or adjustment of volume billed for gallons used may be made to the rate charged for excessive water consumed as a result of filling a swimming pool. The adjustment would be based on water usage in excess of that location's normal monthly usage based on prior consumption history of the previous twelve-month period. The adjusted rate for those excess gallons used would be the rate in effect for the four (4) to eight (8) thousand gallon usage per month block rate. Any request for an adjustment for water volume charges for filling a swimming pool must be accompanied by documentation for a new pool or repair, in a format acceptable to the city. (Ord. No. 80-01-63, § 1, 2-26-01; Ord. No. 80-01-64, § 2, 1-14-02; Ord. No. 80-03-67, § 6, 9-22-03; Ord. No. 80-05-70, § 1, 2-14-05) Sec. 22-5. Accounts receivable write-offs. The city will adopt write-off policies and procedures for uncollectible accounts and periodically update the city commission when write-offs occur. (Ord. No. 80-01-63, § 2, 2-26-01) Secs. 22-6-22-13. Reserved. ARTICLE II. WATERWORKS SYSTEM* Sec. 22-14. Application for water service. It shall be unlawful for any person to use city water without first making application in writing to the city for service at least forty-eight (48) hours before the service is desired and *Cross reference—Plumbing code, § 6-56 et seq. Supp. No. 36 1277 § 22-14 ATLANTIC BEACH CODE paying all charges incident to the application. The applications shall be made on forms furnished by the city and shall constitute an agreement by the consumer with the city to abide by the rules of the city in regard to its service of water. Applications for service requested by firms, partnerships, associations and corporations shall be tendered only by their duly authorized agents, and the official title of the agent shall be shown on the application. (Code 1970, § 27-1; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-15. Tapping of mains, etc., restricted to city employees. No person shall tap the city water mains or make any other connection to pipes on the supply side of any meter except those persons duly employed by the city for such purposes. (Code 1970, § 27-2; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-16. Connection charges; initial payment of minimum water rental. (a) Upon the application of the owner or consumer for water service, the connection charge shall be the actual cost of meter, meter box, valves, fittings, pipe, tubing and labor. Connection charges will be established by the city commission from time to time. (b) The minimum water rental for the period from the date of installation to the following minimum water billing date shall be collected at the time payment is made for the connection charge. (c) The director of finance is directed to receive the connection charge and cause same to be invested in interest-bearing securities that are most advantageous to the city's interest. The securities shall be entitled "City of Atlantic Beach, Water Fund." The water fund shall be used solely for capital improvements to the water plant and supply system. (d) Payment of connection fees and system development charges shall be due and payable prior to the issuance of a building permit. A complete building permit application must be received on or before December 1, 2008, to be vested from the new fees. A complete building permit application will be considered complete when all items are submitted in accordance with the building department checklist. To remain vested, the building permit application must remain current in accordance with requirements of the Florida Building Code and will be void if expiration of the application occurs in accordance with any state or local law. System development charges are nontransferable. Owners of all properties required to abandon existing septic tanks and connect to the city sewer as per section 22-74 shall be allowed to pay the existing system development charges prior to December 1, 2008, and delay connection to the city sewer until the expiration date of their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh Oaks (f/k/a Section H) in November 2011.) (Code 1970, § 27-3; Ord. No. 80-88-39, § 1, 3-14-88; Ord. No. 80-92-48, § 1, 7-27-92; Ord. No. 80-92-51, § 1, 11-23-92; Ord. No. 80-08-76, § 1, 8-25-08) Supp. No. 36 1278 UTILITIES § 22-19 Sec. 22-17. Temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a deposit sufficient to cover the city's estimate of the proper charge for water to be consumed, materials, labor and other expense incurred by the city in providing the service. Upon termination of this service, any balance of the deposit shall be refunded to the consumer. (Code 1970, § 27-4; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-18. Granting necessary easements by consumer. The consumer shall grant or cause to be granted to the city, without cost, all rights, easements, permits and privileges which are necessary for providing service. (Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92) Sec. 22-19. Right of access by city employees. Duly authorized employees of the city shall have access at all reasonable hours to the premises of the consumer for the purpose of reading meters, installing or removing any of its property, examining pipes or fixtures or for any purpose incidental to providing service. (Code 1970, § 27-5; Ord. No. 80-92-51, § 1, 11-23-92) Supp. No. 36 1278.1 UTILITIES § 22-27 Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Meter Size in inches Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 Residential Single-family residential and single-family individ- ually -metered mobile homes $7.41 per account $8.15 per account $8.97 per account Multifamily residential 5.56 per unit 6.11 per unit 6.73 per unit Master -metered mobile homes 5.56 per site 6.11 per site 6.73 per site Travel trailers 5.56 per site 6.11 per site 6.73 per site Hotel/motel 5.56 per room 6.11 per room 6.73 per room Hotel/motel with kitchen 5.56 per room 6.11 per room 6.73 per room Commercial Master -metered commer- cial 7.41 per unit 8.15 per unit 8.97 per unit Restaurants, laundries, and car wash connections Based on meter size phase in table below Based on meter size phase in table below Based on meter size phase in table below All other commercial cus- tomers Based on meter size phase in table below Based on meter size phase in table below Based on meter size phase in table below Irrigation All residential 7.41 per account 8.15 per account 8.97 per account All commercial Based on meter size phase in table below Based on meter size phase in table below Based on meter size phase in table below Water base facility charges for the commercial classifications are based upon the meter size and they will become effective as follows: Meter Size in inches Effective October 1, 2007 Effective October 1, 2008 Effective October 1, 2009 5/s or 2/4 $7.41 $8.15 $8.97 1 9.27 10.20 11.22 P12 18.54 20.39 22.43 2 29.63 32.59 35.85 3 59.28 65.21 71.73 4 92.63 101.89 112.08 6 185.26 203.79 224.17 8 296.42 326.06 358.67 (2) Schedule of water volume charges for customers inside the city. (a) Single units. There are hereby established inclining block volume charges for single-family residential and single-family individually -metered mobile homes, per account, as follows: Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 gallons Effective October 1, 2009 1 3,000 $0.60 $1.02 2 8,000 2.22 2.44 3 13,000 2.62 2.88 4 18,000 3.92 4.31 5 Over 18,000 5.91 6.50 (b) Multiple units and commercial accounts. There is hereby established an inclining block volume charge for all multiunit residential and multiunit commercial Supp. No. 36 1281 § 22-27 ATLANTIC BEACH CODE accounts as follows: Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 Gallons Effective October 1, 2009 1 2,000 $0.60 $1.02 2 Over 2,000 2.22 2.44 (c) Single unit irrigation. There is hereby established an inclining block irrigation volume charge for all single-family residential and single-family individually - metered mobile homes, per account, as follows: Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 Gallons Effective October 1, 2009 1 13,000 $2.62 $2.88 2 18,000 3.92 4.31 3 Over 18,000 5.91 6.50 (d) Multiple unit and commercial irrigation. There is hereby established an inclining block volume charge for all multiunit residential irrigation accounts and all commercial irrigation accounts as follows: Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 Gallons Effective October 1, 2009 1 3,000 $0.60 $1.02 2 Over 3,000 2.22 2.44 (3) Commercial outside the city. The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above for both monthly water base facility charges and water volume charges. (Code 1970, § 27-12; Ord. No. 80-81-20, 9-28-81; Ord. No. 80-85-27, § 1, 4-8-85; Ord. No. 80-91-45, § 1, 12-16-91; Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-00-62, § 2, 9-25-00; Ord. No. 80-03-67, § 1, 9-22-03; Ord. No. 80-04-69, § 1, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08) Sec. 22-27.1. Utility deposits. (a) A deposit of one hundred twenty-five dollars ($125.00) will be required for all new single-family residential accounts. A deposit representing two (2) months' average charges for utility services, i.e., water, sewer, stormwater and garbage, will be required for all other new utility accounts. Upon termination of utility services, the customer's deposit will first be applied to any balances owed on his account. Any balance remaining will be refunded to the customer or transferred to another account upon request of the customer. Supp. No. 36 1282 UTILITIES § 22-28 (b) The deposit of any customer shall be refunded after twenty-four (24) months from the date of deposit, provided the customer is current in all payments and has timely made all payments during the preceding twenty-four (24) months. If any customer becomes delinquent in payments after his deposit has been refunded pursuant to this section, the city may require an additional deposit for service to continue. (Ord. No. 80-95-55, § 2, 2-27-95; Ord. No. 80-96-58, § 1, 10-28-96; Ord. No. 80-00-62, § 3, 9-25-00; Ord. No. 80-04-68, § 1, 7-26-04) Sec. 22-28. Water impact fees, installation charges, etc. The following schedule of rates and installation charges for water connections, facilities, service and water provided or furnished by the city through its waterworks system is hereby adopted and established: (1) Water tap and meter installation charges. Charges for providing and approving connections to the water system with installation charges performed by the city are as follows and shall be in addition to system development charges. a. All units. Cost for labor and materials as provided in section 2-368 of the City Code. Approved utility contractors may construct larger services at their own expense, but will be subject to a two -hundred -dollar inspection fee. All new construction, rehabilitation and/or remodeling will require cross - connection control devices and shall be assessed an inspection fee as follows: Two-inch and under $ 50.00 Over two-inch 200.00 Reinspection visit 50.00 b. Meter charge. All meters will be furnished by the city and the cost is included in the established installation charge. c. Change in service size. Whenever a user requests a change in the size of a service previously installed, such user shall accompany such request with payment of the same charges per schedule a above, together with any meter cost involved, as are applicable to the new service requested. The user shall also be required to pay any and all increases in capital improvement charges from the existing meter size to the meter size requested, whether or not the existing service was required to pay any fees, utilizing the rates in effect at time of request. d. Change in service location. Whenever a user requests a change in location of a service connection previously installed, such user shall accompany such request with payment of the same charges, per schedule (1)a., for installation. Supp. No. 36 1282.1 § 22-28 ATLANTIC BEACH CODE e. System development charge. Size of Meter (inches) Charge 314 $1,140.00 1 1,904.00 11/2 3,796.00 2 6,076.00 3 11,400.00 4 19,004.00 6 37,996.00 8 60,796.00 Disposition, use of revenues. All revenues collected by the city for water capital improvement charges shall be deposited and held in a special fund to be known as and hereby designated "the water capital improvement fund". The monies deposited and held in said fund and all interest accrued thereto shall be used only for the improvements, expansion and/or replacement of the water system of the city. (Ord. No. 80-92-51, § 2, 11-23-92; Ord. No. 80-05-71, § 1, 3-14-05; Ord. No. 80-08-76, § 2, 8-25-08) Sec. 22-29. Due dates and late fees. Bills for minimum and excess water will be rendered at regular intervals, but the rendering of bills is not an obligation on the part of the city, and failure of the consumer to receive the bill shall not release or diminish the obligation of the consumer with respect to payment thereof, or relieve the consumer of any obligation under this chapter. The bills for service shall be due and payable on the date of billing and shall become delinquent fifteen (15) days thereafter. If Supp. No. 36 1282.2 UTILITIES § 22-170 Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 Gallons Effective October 1, 2009 1 3,000 $1.00 $1.48 2 13,000 4.73 5.20 3 Over 13,000 0.00 0.00 (2) Multiunit residential and all commercial units as follows: Block Upper Limit (Gallons per month) Rate per 1000 Gallons Effective November 1, 2008 Rate per 1000 Gallons Effective October 1, 2009 1 3,000 $1.00 $1.48 2 Over 3,000 4.73 5.20 (b) Customers outide the city. The rates applicable to customers outside of the city shall be one and one-quarter (1.25) times the rates above. (Ord. No. 80-83-23, § I(Art. VIII, § 2), 6-27-83; Ord. No. 80-83-24, § 1, 9-12-83; Ord. No. 80-85-28, § 2, 11-11-85; Ord. No. 80-86-31, § 2, 6-23-86; Ord. No. 80-88-38, § 1, 3-14-88; Ord. No. 80-88-40, § 1, 6-13-88; Ord. No. 80-91-45, § 3, 12-16-91; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-00-62, § 5, 9-25-00; Ord. No. 80-03-67, § 3, 9-22-03; Ord. No. 80-04-69, § 2, 7-26-04; Ord. No. 80-05-72, § 1, 9-26-05; Ord. No. 80-06-73, § 1, 9-25-06; Ord. No. 80-07-74, § 1, 9-24-07; Ord. No. 80-08-78, § 1, 10-27-08) Sec. 22-168. Review and changes of rates. The uniform rates and charges established by this division may be reviewed annually, or as directed by the city commission, and any change of rates and charges shall be established by ordinance of the city commission after due public notification. Any rates and charges established as provided in this division shall be binding with the same force and effect as if incorporated in this section. (Ord. No. 80-83-23, § I(Art. VIII, § 3), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-169. Connection fees. Charges for providing and approving connections to the sewer system with installation performed by the city are as follows and shall be in addition to impact fees. All units: Cost for labor and materials as provided in section 2-368 of the City Code. (Ord. No. 80-83-23 § I(Art. VIII, § 4), 6-27-83; Ord. No. 80-87-35, § 1, 9-28-87; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-170. System development charge. For each new connection to the city's system of sewerage, the following system development charge shall be applicable: Supp. No. 36 1297 § 22-170 ATLANTIC BEACH CODE Size of Water Connection (meter size, in inches) Charge 3/4" $4,050.00 1" 6,764.00 11/2" 13,487.00 2" 21,587.00 3"40,500.00 4"67,514.00 6" 134,987.00 8"215,987.00 The sewer system development charges are based upon the size of the water meter serving the requested connection. In the event the city does not provide water service to the property requesting sewer service, the city shall determine the appropriate charge based upon the existing water service from another purveyor, the proposed water service size from another purveyor or other such comparable determination method. Disposition, use of revenues. All revenues collected by the city for sewer system develop- ment charges shall be deposited and held in a special fund to be known as and hereby designated the "sewer capital improvement fund." The monies deposited and held in said fund and all interest accrued thereto shall be used only for improvements, upgrades or expansion of the sewer system of the city. (Ord. No. 80-83-23, § 1(Art. VIII, § 5), 6-27-83; Ord. No. 80-89-42, § 1, 9-11-89; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(a), 8-25-08) Sec. 22-171. Payment of connection fees and system development char'es. Payment of connection fees and system development charges shall be due and payable on the date of issuance of a building permit. A complete building permit application must be received on or before December 1, 2008, to be vested from the new fees. A complete building permit application will be considered complete when all items are submitted in accordance with the building department checklist. To remain vested the building permit application must remain current in accordance with requirements of the Florida Building Code and will be void if expiration of the application occurs in accordance with any state or local law. System development charges are nontransferable. Owner of all properties required to abandon existing septic tanks and connect to the city sewer as per section 22-74 shall be allowed to pay the existing system development charges prior to December 1, 2008, and delay connection to the city sewer until the expiration date of their assessment. (Assessments on Beach Avenue expire in May 2010, and in Marsh Oaks (f/k/a Section H) in November 2011.) For new and existing buildings or structures, the city manager may allow payment of fees on an extended payment plan for up to fifteen (15) years if the owner has demonstrated to the satisfaction of the city manager that the lump sum payment will constitute a hardship to the Supp. No. 36 1298 UTILITIES § 22-175 applicant. A lien for the amount due shall be executed in recordable form reflecting the payment schedule. Upon all payments being made in full, a release of lien shall be recorded. (Ord. No. 80-83-23, § I(Art. VIII, § 6), 6-27-83; Ord. No. 80-92-46, § 1, 6-22-92; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(b), 8-25-08) Sec. 22-172. Disposition of system development charges. All revenues collected by the city through sewer system development charges shall be held in a special account to be known as the "wastewater system capital improvement account." The money deposited and held in said account and all interests accrued thereto shall be used only for the improvement, expansion, and/or replacement of the wastewater collection, treatment, and disposal system of the city. (Ord. No. 80-83-23, § I(Art. VIII, § 7), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-08-76, § 3(c), 8-25-08) Sec. 22-173. Billing. The sewer charges prescribed by this division shall be on the same bill for the city water charges and garbage collection charges, but each charge shall be shown as a separate item on the bill. No user so charged for water, sewer, and garbage services may pay either of the charges without simultaneously paying the charges for the other. Bills for sewer charges where water and/or garbage service is furnished other than through the city shall be computed as provided in section 22-167 and rendered at the same time as city water bills. (Ord. No. 80-83-23, § I(Art. VIII, § 8), 6-27-83; Ord. No. 80-92-51, § 3, 11-23-92) Sec. 22-174. Delinquent bills. If any bill for monthly sewer, water or garbage service shall remain due and unpaid on and after 5:00 p.m. on the fifteenth day from the billing date, dated on the bill, a penalty of ten (10) percent of the amount due shall be imposed and added to the bill. If the bill remains unpaid for a period of fifteen (15) additional days, then all services shall be discontinued and shall not be reconnected until all past due charges have been fully paid together with a reconnect charge. If, after discontinuation of services, the bill remains unpaid, the city may acquire a lien on the property being serviced which may be foreclosed within thirty (30) days by the city unless the bill and the penalties thereon are paid and the lien satisfied. (Ord. No. 80-83-23, § I(Art. VIII, § 9), 6-27-83; Ord. No. 5-85-15, § 2, 1-13-76; Ord. No. 80-92-51, § 3, 11-23-92; Ord. No. 80-95-55, § 3, 2-27-95; Ord. No. 80-96-57, § 2, 2-12-96; Ord. No. 80-03-67, § 4, 9-22-03) Sec. 22-175. Sewer charges applicable if sewer available. The rates and charges established by this division shall apply to all users whether owner, tenant, or occupier of the city water and sanitary sewer systems, or either of them, where city sewer is available for use, whether or not the connection has been made to the sewer. These charges shall not apply to any nonconnected user, until ninety (90) days after the sewer becomes available. Where notice of availability of sewer has heretofore been given to owner, Supp. No. 36 1298.1 § 22-175 ATLANTIC BEACH CODE tenant, or occupier, the provisions of this section shall be applicable within ninety (90) days from the date of the notice, and the city may commence billing procedures upon the expiration date of the notice. (Ord. No. 80-83-23, § I(Art. VIII, § 10), 6-27-83) Secs. 22-176-22-180. Reserved. Editor's note—Ord. No. 80-04-69, § 2, adopted July 26, 2004, repealed §§ 22-176-22-180, which pertained to the city sewage system and derived from Ord. No. 80-85-28, adopted Nov. 11, 1985. Secs. 22-181-22-190. Reserved. Supp. No. 36 1298.2 UTILITIES § 22-335 (b) Multifamily property. Each residential unit of multifamily property shall be considered as 0.6 ERU for billing purposes. Monthly utility fees for each ERU shall be established in section 22-335 of this chapter. (c) Non-residential Property. The monthly utility fee for all non-residential properties shall be calculated in accordance with the following formula: Impervious Area (Sq. Ft.)/1,790 = Number of ERUs Monthly Fee = (Number of ERUs) x (Rate per ERU) A minimum value of one (1.0) ERU shall be assigns to each non-residential property. The impervious area of each non-residential property shall be determined by the city manager or designee. The value of one thousand seven hundred ninety (1,790) square feet of impervious area per ERU is a median value obtained from data for Atlantic Beach. Monthly utility fees for each ERU shall be established in section 22-335 of this chapter. (Ord. No. 80-90-44, §§ 2.1-2.3, 4-22-91) Sec. 22-335. Fees. (a) ERU rate. The fee per ERU billing unit shall be five dollars ($5.00) per month. (b) Capital improvement. At such time as a stormwater management master plan is completed and capital improvement projects are identified, project expenditures will be approved by the directors each budget year. (c) Undeveloped property. Initial SMU fees shall not be levied against undeveloped property that has not been altered from the natural state, as evidenced by a complete lack of impervious surface as defined in this division. Farmland, gardens, and landscaped areas also shall be exempt except for roads, parking, or structures associated therewith. Results of a stormwater management master plan for Atlantic Beach when completed, can be used to adjust the exemption for undeveloped property, when specific benefits to undeveloped property are possible to quantify. (d) Credit factors. Property owners who have provided stormwater management facilities in excess of the requirements of the Atlantic Beach land development code, and that are consistent with the stormwater management master plan, when completed, may request a reduction in the SMU fee. Determination of the credit to be allowed shall be made by the city manager or designee. The credit shall apply only to the portion of the fee above that required to cover common fixed costs of the SMU program. (Ord. No. 8-90-44, §§ 3.1-3.4, 4-22-91; Ord. No. 80-02-65, § 2, 9-23-02; Ord. No. 80-08-77, § 2, 9-22-08) Supp. No. 36 1307 § 22-336 ATLANTIC BEACH CODE Sec. 22-336. Enforcement and penalties. Pursuant to state law, the City of Atlantic Beach shall have a lien for delinquent or unpaid stormwater management service charges. Enforcement and foreclosure of said lien(s) shall be as provided by law. Interest on the unpaid balance shall be the highest rate as authorized by state law. (Ord. No. 80-90-44, § 4.0, 4-22-91) Sec. 22-337. Appeal process. Any customer or property owner who feels that the SMU fee for their property has been assigned or computed incorrectly may petition in writing to the city manager or designee for a review of said charges. If not satisfied with the determination of the city manager or designee, the petitioner may ask for a hearing before the city board of adjustment whose decision shall be final. (Ord. No. 80-90-44, § 5.0, 4-22-91) Supp. No. 36 1308 [The next page is 1351] ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-151 Any accessory structure, if allowed to deteriorate to an unsafe, deteriorated or unsightly appearance, shall be repaired or removed upon order of the city, and shall become subject to code enforcement action for failure to comply. However, temporary structures, such as portable tents, canopies, awnings or other nonpermanent structures shall be limited to special occasion use only, and for a period of not more than ninety-six (96) hours, i.e., four (4) days. (b) Accessory uses and structures by zoning district. Accessory uses and structures shall be permitted only within zoning districts as set forth within this division. (1) Within all residential zoning districts: a. Antenna structures for television and radio, but not microwave relay or commer- cial transmission structures, television and radio antennas of the customary size and design shall not count as accessory structures for the purpose of determining the number of such structures, provided that only one (1) such structure is permitted per residence. b. Children's playhouse and/or juvenile play equipment, provided such shall not be permanently located within required front yards. c. Guest house or guest quarters, provided that such are used only for intermittent and temporary occupancy by a nonpaying guest or family member of the occupant of the primary residence. A guest house or guest quarters shall not be rented for any period of time and shall not contain a kitchen, but may contain a kitchenette as defined herein. Further, a guest house or guest quarters shall not be used as, or converted to a dwelling unit. A detached guest house shall not exceed the number of buildings allowed on a lot as set forth within subsection 24-82(b) and shall be a minimum distance of ten (10) feet from the principal building. d. Detached private garages and carports, not to exceed six hundred (600) square feet of lot area and fifteen (15) feet in height, except in accordance with section 24-88 or the provisions of the following paragraph. Only one (1) detached private garage or carport shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. Detached private garages, not to exceed six hundred (600) square feet of lot area may be constructed to a height of twenty-five (25) feet provided that such structures shall comply with applicable side yard requirements and shall be a minimum distance of fifteen (15) feet from the rear lot line. A detached private garage shall be a minimum distance of ten (10) feet from the principal building. e. Gazebos and similar structures, not to exceed 150 square feet and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof; and a minimum distance of five (5) feet from the rear and side lot lines. f. Private swimming pools in accordance with section 24-164. g. Home office (but not a home occupation). Supp. No. 36 1481 § 24-151 ATLANTIC BEACH CODE h. Private ball courts and other similar private recreational uses. i. Skateboard, skating, bicycle or similar ramps, for use on private property only, placed or constructed in fixed locations and made of wood, block, concrete or similar materials, provided that these are not located within required front yards or the street side yards on a corner lot. Due to excessive noise, which may result from the use of such ramps, time of use shall be limited to the hours between 9:00 a.m. and 10:00 p.m. Such ramps shall be maintained in a safe and good condition, and shall be disassembled and removed from the property if allowed to deterio- rate to an unsafe or unsightly appearance. j. Storage and tool sheds, not to exceed one hundred fifty (150) square feet and ten (10) feet in height for a flat roof or twelve (12) feet in height for a peaked roof. Only one (1) detached storage or tool shed shall be allowed on any single residential lot, and such structures shall comply with applicable side yard requirements and shall be a minimum distance of ten (10) feet from the rear lot line. k. Screened enclosures and pool cages with screened roofs or similar nonstructural roofs such as awnings and the like, not to exceed six hundred (600) square feet and fifteen (15) feet in height and located a minimum of five (5) feet from any side or rear lot line. Such detached screened enclosures shall not be allowed in required front yards. 1. Dog houses not to exceed five (5) square feet and five (5) feet in height. m. Personal pets, limited to those animals customarily considered as pets, and kept only on the same premises of the occupant(s) of the residential principal building. (2) In any zoning district; except as to private swimming pools: a. All accessory uses and structures shall comply with the use limitations applicable to the zoning district in which they are located. b. Unless otherwise specified within this section, all accessory structures shall comply with the land development regulations, including the minimum yard requirements applicable to the zoning district in which they are located. c. Unless otherwise specified within this section, accessory uses and structures shall not be located within required front yards and shall not be closer than five (5) feet from any lot line. d. No accessory structure shall be used as a residence, temporarily or permanently, except in accordance with section 24-88, and no accessory structure shall be used for any commercial or business purposes unless approved as a home occupation in accordance with the provisions of section 24-159 of this chapter. e. Accessory structures shall not be more than fifteen (15) feet in height, except in accordance with section 24-88 or preceding paragraph (b)(1)d. Space within an accessory structure shall not be leased or used for any use, activity or purpose other than those typically incidental to the use of the principal building. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-05-186, § 1, 4-11-05; Ord. No. 90-08-206, § 1(a), 8-25-08) Supp. No. 36 1482 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-161 (6) All residential uses: Two (2) spaces per dwelling unit. (7) Hospitals, clinics and similar institutional uses: One and one-half (11/2) spaces for each hospital bed. (8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each twenty (20) sleeping units or portion thereof. (9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross floor area. (10) Manufacturing, warehousing and industrial Uses: One (1) space for each two (2) employees on the largest working shift, plus one (1) space for each company vehicle operating from the premises. (11) Medical office or dental clinic: One (1) space for each two hundred (200) square feet of gross floor area. (12) Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one (1) space for each three (3) employees. (13) Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees. (14) Professional office uses: One (1) space for each four hundred (400) square feet of gross floor area. (15) Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating where service occurs shall be included. (16) Rooming and boardinghouses: One (1) space for each guest bedroom. (17) Schools and educational uses. i. Elementary and junior high schools: Two (2) spaces for each classroom, office and kitchen. ii. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each staff member. (18) Vocational, trade and business schools: One (1) space for each three hundred (300) square feet of gross floor area. (19) Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-off and pick-up area. (20) Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross floor area. (i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are adequate to serve the use such that interference with routine parking, pedestrian activity and daily business operations is avoided. Where possible, loading and delivery areas should be located at the rear of a site and shall not be required to back into a public right-of-way. Supp. No. 36 1491 § 24-161 ATLANTIC BEACH CODE (j) Additional requirements for multifamily residential uses. New multifamily residential development shall provide adequate area designated for parking of routine service vehicles such as used by repair, contractor and lawn service companies. For new multifamily development located east of Seminole Road, three (3) spaces per dwelling unit shall be required in order to accommodate increased parking needs resulting from beach -going visitors. (k) Bicycle parking. All new development including any redevelopment or expansion that requires any change or reconfiguration of parking areas, except for single-family and two-family residential uses, shall provide bicycle parking facilities on the same site, and such facilities shall be located as close to the building entrance as possible, in accordance with the following: (1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a fence, curb or other such barrier so to protect parked bicycles from damage by cars. (2) Provision to lock or secure bicycles in a stable position without damage to wheels, frames or components shall be provided. Bicycle parking shall be located in areas of high visibility that are well lighted. (1) Parking areas and tree protection. Where protected trees exist within a proposed parking area, and where more than ten (10) spaces are required, the city manager may reduce the number of required spaces solely for the purpose of preserving such protected trees. An acceptable tree protection plan shall be provided to and approved by the city manager. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-07-200, § 2(Exh. A), 7-9-07) Sec. 24-162. Parking lots. Off-street parking lots may be a permissible use -by -exception in all non-residential zoning districts where such lots are within four hundred (400) feet of the property requiring off-street parking and provided such parking lots shall also conform to the following: (1) A wall, fencing, shrubbery or as otherwise required by the community development board and the city commission shall be erected along edges of portions of such parking. (2) No source of illumination for the parking area shall be directly visible from any window in any residence in an adjoining residential zoning district. (3) There shall be no sales, service or business activity of any kind in any parking area. (Ord. No. 90-03-184, § 2, 12-8-03) Sec. 24-163. Storage and parking of commercial vehicles and recreational vehicles and equipment and repair of vehicles in residential zoning districts. The storage and parking of commercial vehicles greater than twelve thousand five hundred (12,500) pounds gross vehicle weight shall be prohibited in all residential zoning districts. Commercial vehicles of less than twelve thousand five hundred (12,500) pounds gross vehicle Supp. No. 36 1492 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-163 weight, recreational vehicles, and trailers of all types, including travel, boat, camping and hauling, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential zoning district, except in accordance with the following requirements: (1) No more than one (1) commercial vehicle of less than twelve thousand five hundred (12,500) pounds shall be permitted any residential lot, and such commercial vehicle shall be parked a minimum of twenty (20) feet from the front lot line. Such commercial vehicle shall be used in association with the occupation of the resident. (2) In no case shall a commercial vehicle used for hauling explosives, gasoline or liquefied petroleum products or other hazardous materials be permitted to be parked or stored either temporarily or permanently in any residential zoning district. (3) Commercial construction equipment or trailers containing construction equipment shall not be parked or stored on any residential lot except in conjunction with properly permitted, ongoing construction occurring on that lot. (b) Recreational vehicles stored or parked on any residential lot shall be subject to the following provisions. (1) Not more than one (1) recreational vehicle, boat or boat trailer, or other type of trailer shall be stored or parked on any residential lot which is five thousand (5,000) square feet in lot area or less. Minimum lot area of ten thousand (10,000) square feet is required for storage or parking of any second recreational vehicle, boat or boat trailer, or other type of trailer. (2) Recreational vehicles, boats or boat trailers, or other type of trailer shall not be parked or stored closer than fifteen (15) feet from the front lot line and shall be parked in a manner that is generally perpendicular to the front property line such that length is not aligned in a manner that extends across the front of the lot, it being the intent that recreational vehicles, boats and trailers that are parked forward of the residence should not excessively dominate the front of the lot. (3) Recreational vehicles, travel trailers or motor homes shall not be inhabited or occupied, either temporarily or permanently, while parked or stored in any area except in a trailer park designated for such use as authorized within this chapter. (4) Recreational vehicles parked or stored on any residential lot for a period exceeding twenty-four (24) hours shall be owned by the occupant of said lot. (c) A junked or abandoned vehicle, or one that is inoperable, as defined within this Code, shall not be parked or stored in any zoning district. Further, mechanical or other automotive repair work on any motor vehicle shall not be performed out-of-doors within any residential zoning district, except for minor maintenance or emergency repair lasting less than eight (8) hours and performed on a vehicle owned by the occupant of the residential property. (d) No materials, supplies, appliances or equipment used or designed for use in commercial or industrial operations shall be stored in residential zoning districts, nor shall any home appliances or interior home furnishings be stored outdoors in any residential zoning district. Supp. No. 36 1492.1 § 24-163 ATLANTIC BEACH CODE (e) The provisions of this section shall not apply to the storage or parking, on a temporary basis, of vehicles, materials, equipment or appliances to be used for or in connection with the construction of a building on the property, which has been approved in accordance with the terms of this chapter or to commercial or recreational vehicles parked within completely enclosed buildings. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-08-206, § 1(b), 8-25-08) Sec. 24-164. Swimming pools. Swimming pools and ornamental pools shall be located, designed, operated, and maintained so as to minimize interference with any adjoining residential properties, and shall be subject to the following provisions. (1) Lights: Lights used to illuminate any swimming pool or ornamental pool shall be arranged so as not to directly illuminate adjoining properties. (2) Setbacks: The following setbacks shall be maintained for any swimming pool or ornamental pool: a. For swimming pools, the front setback shall be the same as required for a residence located on the parcel where the swimming pool is to be constructed, provided, that in no case shall the pool to be located closer to a front line than the principal building is located; except that a pool may be located in either yard on a double frontage lot along the Atlantic Ocean and provided that no pool on such lots is located closer than five (5) feet from any lot line. Supp. No. 36 1492.2 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-171 exterior insulation and finish systems (EIFS), architectural or split -face type block, or other finish materials with similar appearance and texture. Metal clad, corrugated metal, plywood or oriented strand board (OSB), and exposed plain concrete block shall not be permitted as exterior finish materials on the front and any street side of a building. (4) Blank exterior walls facing the commercial corridors, which are unrelieved by doors, windows and architectural detail, shall not be permitted. (5) Burglar bars, steel gates, metal awnings and steel roll -down curtains are prohibited on the exterior and interior of a structure when visible from any public street. Existing structures which already have burglar bars, etc., shall be brought into compliance with these provisions within a reasonable time after any change of ownership of the property, which shall not be more than ninety (90) days. (d) Signs. Signs shall be regulated as set forth within chapter 17 of this Code, except that externally illuminated monument signs are encouraged. To encourage the use of such signs, those signs constructed of a solid material such as wood, masonry or high-density urethane, and externally -illuminated in a manner that washes the sign in indirect light from a fluorescent ground source shall be entitled to a reduction in sign permit fees as set forth within chapter 17-6. (e) Lighting. Exterior lighting shall be the minimum necessary to provide security and safety. Direct lighting sources shall be shielded or recessed so that excessive light does not illuminate adjacent properties. Light poles with luminaire that automatically cut-off after normal business hours is encouraged. Light poles without cut-off luminaire shall not exceed fifteen (15) feet in height. Light poles with cut-off luminaire shall not exceed twenty (20) feet in height. Proposed lighting shall be shown on all plans submitted for review. (f) Fences. The use of chain link, barbed wire, razor or concertina wire, and like fencing shall be prohibited in any required front yard and in any required yard adjoining a street. Where such fencing is otherwise placed on a parcel, but remains visible from the commercial corridor, landscaping shall be installed which substantially conceals such fencing. Where such fencing, as described above is lawfully pre-existing, a period of four (4) years from the effective date of these regulations shall be extended during which all fencing shall be made consistent with the above provisions. (g) Landscaping and required buffers. The requirements of division 8 of this chapter shall apply, except that the following additional requirements shall also apply to new development and to redevelopment that is subject to the requirements of division 8. Required buffers and landscape materials shall be depicted on all plans submitted for review. (1) A ten -foot wide buffer shall be required along the entire parcel frontage of the commercial corridors, except for driveways. This buffer shall consist of trees as required by division 8 and shall also contain a continuous curvilinear row of evergreen shrubs not less than two (2) feet in height at installation. Buffers shall be kept free of debris and litter and shall be maintained in a healthy condition. Supp. No. 36 1496.1 § 24-171 ATLANTIC BEACH CODE (2) Along the front of the principal building, a six-foot wide area shall be maintained between the building and the parking area or any walkway. This area shall be used for landscaping. (3) Sod or ground cover shall be installed and maintained in a healthy condition. Only organic mulch shall be used, and the excessive use of mulch is discouraged. (4) Because of the harsh environment of the commercial corridors, the use of landscape materials that are drought and heat resistant is strongly encouraged. Unhealthy or dead landscape materials, including sod and ground covers shall be replaced within thirty (30) days of written notification from the city to the property owner. (5) Stormwater retention or detention facilities may be placed within required buffers, provided that required landscape materials are provided. (Ord. No. 90-03-184, § 2, 12-8-03; Ord. No. 90-08-206, § 1(c), 8-25-08) Sec. 24-172. Boats and watercraft. For the purposes of this section, the term watercraft shall include every type of boat or vessel or craft intended to be used or capable of being used or operated, for any purpose, on waters within or adjacent to the City of Atlantic Beach. (a) Intent. The intent of this section is to protect water quality and environmentally sensitive areas within and adjacent to the City of Atlantic Beach, and to maintain or enhance water quality, vegetative communities, wildlife habitats and the natural functions of fisheries, wetlands and estuarine marshes. (b) Unlawful to discharge. It shall be unlawful to discharge, or allow to be discharged, from any watercraft, or from any dock, sewage, refuse, garbage, fuel or other contaminants or any waste material into waters within the City of Atlantic Beach. (c) Live -aboard watercraft restrictions. It shall be unlawful to live aboard any watercraft, which is docked, stored, moored or anchored within the City of Atlantic Beach. Live aboard shall mean the continuing use of any watercraft as a dwelling unit as defined within this chapter. (d) Damage to or destruction of environmentally sensitive areas. It shall be unlawful for any person to operate, dock, motor or anchor any watercraft in a manner that causes adverse impacts to any marine or water resource, wildlife habitat or other environ- mentally sensitive areas as defined within this chapter and as set forth within the conservation and coastal management element of the comprehensive plan. (e) Public docks and anchorages. Docking or anchoring within Tideviews Preserve, Dutton Island Preserve or any other public park or facility shall be restricted to non -motorized boats and watercraft or to those equipped only with bow -mounted electric trolling motors. (Ord. No. 90-04-185, § 1, 6-28-04) Supp. No. 36 1496.2 ZONING, SUBDIVISION AND LAND DEVELOPMENT REGULATIONS § 24-173 Sec. 24-173. Residential development standards. (a) Purpose and intent. The purpose and intent of these new regulations is to implement the goals, objectives and policies as set forth within the adopted 2015 Comprehensive Plan, restated in part below: Goal A.1 The city shall manage growth and redevelopment in a manner which results in a pattern of land uses that: 1) encourages, creates and maintains a healthy and Supp. No. 36 1497 CODE COMPARATIVE TABLE Ordinance Adoption Section Number Date Section this Code (7) 7-34(a) (8) 7-38(a) 2.B. 7-17 Dltd 7-31 3.A. 8-5 B. 8-21, 8-22 4.A. Added 12-1(a)(13) 5-08-48 2-25-08 1 2-16 55-08-32 2-25-08 1 16-2, 16-10 90-08-203 3-24-08 1(Exh. A) 24-173 90-08-204 4-28-08 1(Exh A) 24-154 95-08-95 3-27-08 1 4-10(4), 4-24 4-27(a), 4-30 2 Added 4-5(d), (e), 4-14, 4-15, 4-28, 12-1(14) 3 Rpld 4-11(7), 4-23 05-08-50 5-27-08 1 Added 2-400-2-409 5-08-49 6- 9-08 1 2-331, 2-336(6) 2-337, 2-338(1), (10) 55-08-33 6-23-08 1(1) 16-1 (2) 16-3(b)—(d) (3) 16-5 25-08-39 7-14-08 1 Rpld 6-24(b) 58-08-33 8-11-08 1 2-301 58-08-34 8-11-08 1 2-262 2, 3 2-272, 2-273 4 2-276(b) 5 2-278(b) 6 2-279(a) 7 2-282(1), (2), (5) 8 2-298(c) 25-08-40 8-25-08 1 Added 6-121 2 6-17(b)(5) 80-08-76 8-25-08 1 22-16 2 22-28 3(a) 22-170 (b) 22-171 (c) 22-172 90-08-206 8-25-08 1(a) 24-151(a) (b) 24-163(b)(2) (c) Added 24-171(c)(5) 95-08-96 9- 8-08 1 12-2(d) 55-08-34 9-22-08 2 16-10 80-08-77 9-22-08 2 22-335(a) 80-08-78 10-27-08 1 22-27(2), 22-167 Supp. No. 36 2005 ATLANTIC BEACH CODE Ordinance Adoption Number Date 45-08-19 11-10-08 Supp. No. 36 2006 Section 1 Section this Code 20-59 [The next page is 2043] CODE INDEX Section BEAUTIFICATION Community development board Duties of board re beautification of city 14-20(7) BENEFITS OF EMPLOYEES. See: OFFICERS AND EMPLOY- EES BIDS, BIDDING Purchasing 2-331 et seq. See: PURCHASES, PURCHASING BILLBOARDS. See: SIGNS AND ADVERTISING STRUC- TURES BIRD SANCTUARY. See also: ANIMALS AND FOWL City designated sanctuary; shooting, molesting, etc., birds4-4 BITES Animal bites 4-28 Dog bites, etc 2-29 BOARDS. See: DEPARTMENTS AND OTHER AGENCIES OF CITY BOATS Boat trailers. See: RECREATIONAL VEHICLES Sailboats, catamarans, motorized vehicles on beaches 5-1 et seq. See: BEACHES BOND ISSUES Certain ordinances saved from repeal 1-5 BONDS, BAIL Additional court costs assessed for police training Forfeited bail bonds 15-1 BONDS, BID Purchasing procedure, bid deposits or bid bonds 2-333 BOOKS Obscene matter prohibited 13-6 BOUNDARIES OF ZONING DISTRICTS. See: ZONING BUDGET Certain ordinances saved from repeal Director of finance's duties re See also: FINANCES 1-5 2-76 BUILDINGS AND BUILDING REGULATIONS Building code Adoption 6-16 Amendments 6-17 Boathouses, docks and gazebos on docks 6-25 Construction site management 6-18 Nonhabitable major structures; residential dune crossover structures 6-24 Supp. No. 36 2105 ATLANTIC BEACH CODE BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Property maintenance code Adoption Amendments Schedule of building permit fees Wastewater system, building sewers and connections Conformance with building code Building official Flood hazard districts, enforcement of provisions Numbering of buildings Duties of official Building permits Fire prevention and life safety Building sewers and connections See: WASTEWATER SYSTEM Code enforcement board's jurisdiction re See: CODE ENFORCEMENT BOARD Community development board See: PLANNING Electrical code See: ELECTRICAL CODE Fire prevention and protection See: FIRE PREVENTION AND PROTECTION Flood hazard districts See: FLOOD HAZARD DISTRICTS Loitering, sleeping, etc., in public buildings Loud and raucous noises Mechanical inspections Nuisances. See also that subject Abandoned building rubbish. material, etc.......... Permitting buildings to become dangerous, unsafe, etc Structurally unsound structures, etc. Numbering of buildings Attachment of numbers to buildings Building official Duties Removing or defacing Required Street numbering districts designated System of number Permits. See herein: Building Permits Plumbing code See: PLUMBING CODE Property maintenance code Adoption Amendments Signs placed on public buildings and structures and within public parks Wastewater system Sewer system extensions, construction Section 6-120 6-121 6-26 22-106 8-11 6-108 7-32 22-101 et seq. Supp. No. 36 2106 2-146 14-16 et seq. 6-31 et seq. 7-1 et seq. 8-1 et seq. 13-2 11-2 6-77 19-1(h)(7) 12-1(b)(8) 12-1(b)(6) 6-107 6-108 6-111 6-106 6-109 6-110 6-56 et seq. 6-120 6-121 17-32 22-192, 22-195 CODE INDEX BUILDINGS AND BUILDING REGULATIONS (Cont'd.) Water service Temporary service for construction work Supp. No. 36 2106.1 Section 22-17 CODE INDEX Section GARBAGE AND REFUSE (Cont'd.) Prohibited discharges of unground garbage, etc 22-129(4) Recyclable materials. See also herein: Solid Waste Provi- sions Removal prohibited 13-10 Solid waste and recycling 16-1 et seq. See: SOLID WASTE AND RECYCLING GARDENS Waterworks system Water shortages; irrigation of flowers, foliage, etc. 22-39 GAS Mechanical code Gas piping permit fee 6-77(2) Public service tax on gas, electricity, etc. 20-16 et seq. See: TAXATION Public sewers, use of Prohibited discharges 22-129 GASOLINE Public sewers, use of Prohibited discharges 22-129 GENDER Defined 1-2 GLASS Nuisances. See also that subject Open storage of glass, building material, etc. 12-1(b)(7) Public sewers, use of Prohibited discharges of metal, glass, etc. 22-129(4) GRASS CLIPPINGS Public sewers, use of Prohibited discharges of grass clippings 22-129(4) Solid waste and recycling Leaves and grass clippings; tree trunks 16-4 GREASE. See: OILS, GREASE GUNS. See: FIREARMS AND WEAPONS H HASHISH. See: DRUGS HEALTH AND SANITATION Animal and fowl provisions Interfering with health officer 4-2 Noise provisions Noise which endangers health or safety of others 11-1 Nuisances enumerated Unsanitary conditions, conditions injurious to health of community, etc. 12-1 Supp. No. 36 2121 ATLANTIC BEACH CODE Section HEALTH AND SANITATION (Cont'd.) Signs and advertising structures Removal of unsafe, damaged or poorly maintained, and abandoned signs 17-41 Wastewater system 22-56 et seq. See: WASTEWATER SYSTEM HEAT PUMPS Building sewers and connections Drainage from water -source heat pumps 22-108 Discharging water from heat pumps, nuisance provisions12-1(b) Abatement of nuisances, etc. See: NUISANCES Public sewers, use of Discharging unpolluted waters from heat pumps into sanitary sewers 22-127 Waterworks system Water shortages Watering lawns by heat pumps 22-39(b) HEIGHT LIMITS Signs and advertising structures Calculation of permitted sign size 17-63 Weeds, height of growth 23-36 HISTORIC TREE PRESERVATION Regulations 23-46 et seq. See: TREES AND SHRUBBERY HOGS Keeping hogs 4-7 HOMESTEAD EXEMPTION Taxation provisions 20-81 et seq. See: TAXATION HORNS Loud and raucous noises 11-2 HORSES Maintaining stables 4-7 HOTELS Dogs in hotels to be muzzled, leashed, etc 4-25 HOUSING Fair housing 9-16 et seq. See: FAIR HOUSING Mobile homes 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES Supp. No. 36 2122 CODE INDEX Section POLICE DEPARTMENT (Cont'd.) Rotating wrecker call list, establishment of 21-50 See: WRECKER SERVICE POLLUTION Building sewers and connections Disposal of polluted surface drainage 22-108 Public sewers Discharging polluted waters into natural outlets, etc 22-72 PRECEDING, FOLLOWING Defined 1-2 PRIVIES, PRIVY VAULTS Constructing 22-73 PROPERTY Abandoned, wrecked, junked or inoperative property, etc. Declared unlawful; exception; nuisance declared 21-24 Confiscated or lost property Disposition of 15-16 et seq. See: POLICE DEPARTMENT Dogs or cats damaging property 4-26 Insurance premium taxes Property insurance 20-77 Motor vehicle title loans 21-60 et seq. See: TITLE LOANS Property maintenance code Adoption 6-120 Amendments 6-121 PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES PUBLIC SAFETY Director of public safety 2-41 Fire department 2-61 et seq. See: FIRE DEPARTMENT Fire prevention and life safety 7-16 et seq. See: FIRE PREVENTION AND PROTECTION Police department 2-51 et seq. See: POLICE DEPARTMENT PUBLIC SERVICE TAX Provisions re 20-16 et seq. See: TAXATION PUBLIC UTILITIES Department of 2-84 et seq. See: UTILITIES PUBLIC WORKS AND IMPROVEMENTS Community development board 14-16 et seq. See: PLANNING Supp. No. 36 2137 ATLANTIC BEACH CODE Section PUBLIC WORKS AND IMPROVEMENTS (Cont'd.) Department of public works Created 2-79 Director of public works/city engineer Appointment, compensation 2-80 Duties generally 2-81 Duties, other 2-83 PURCHASES, PURCHASING Bids Award of contract 2-335 Deposits or bonds 2-333 Exceptions 2-336 Notices inviting 2-332 Opening procedure 2-334 When required 2-331 Open market procedures 2-337 Payments 2-339 Scope of purchasing authority 2-338 R RABIES Animals and fowl, rabies provisions 4-1 et seq. See: ANIMALS AND FOWL RACIAL DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RADIOACTIVE WASTES OR ISOTOPES Public sewers, use of Limitations on discharge concentrations or quantities 22-130(7) RADIOS Loud and raucous noises 11-2 REAL ESTATE BROKERS Fair housing 9-16 et seq. RECREATIONAL VEHICLES (Campers, travel trailers, boats, etc.) Provisions re 10-1 et seq. See: MOBILE HOMES AND RECREATIONAL VEHI- CLES REFRIGERATORS Abandoned refrigerators, nuisance provisions 12-1(b)(6), (7) Abatement of nuisances, etc. See: NUISANCES REFUSE. See: GARBAGE AND REFUSE REGISTRATION Charitable solicitation permit regulations re 18-2 Supp. No. 36 2138 CODE INDEX Section RELIGIOUS DISCRIMINATION Fair housing 9-16 et seq. See: FAIR HOUSING RENTALS Fair housing 9-16 et seq. See: FAIR HOUSING Supp. No. 36 2138.1 CODE INDEX Section WASTEWATER SYSTEM (Cont'd.) Old building sewers, use of 22-105 Permits Classification; application 22-103 Inspections 22-110 Required 22-102 Separate building sewer for each building; exception 22-104 Use of old building sewers 22-105 Charges, classification Sewer user classification rates and charges. See herein that subject Code enforcement board's jurisdiction re 2-146 See: CODE ENFORCEMENT BOARD Connections Building sewers and connections. See herein that subject Connection fees 22-169 Payment of 22-171 Private wastewater disposal Connection to public sewers 22-90 Use of public sewers required Toilet facilities, connection to public sewers 22-74 Definitions 22-56 Extensions Sewer system extensions. See herein that subject Fees 22-169 Sewer user rates and charges. See herein that subject Inspectors, powers and authority of Easements 22-154 Information concerning industrial processes 22-152 Observing safety rules; indemnification and liability 22-153 Rights of entry of authorized employees 22-151 Maliciously damaging, etc., facilities 22-57 Private wastewater disposal Compliance regarding type, capacities, location and layout 22-89 Construction of division 22-86 Maintenance 22-91 Permits 22-88 Where required 22-87 Public sewers Depositing, discharging, etc., garbage into public sewers . 22-71 Rates Sewer user rates and charges. See herein that subject Sewer system extensions Construction of extension projects 22-192 Construction standards 22-195 Design standards 22-194 Purpose 22-191 Sewer service without water service 22-193 Supp. No. 36 2153 ATLANTIC BEACH CODE Section WASTEWATER SYSTEM (Cont'd.) Sewer use user rates and charges Billing 22-173 Delinquent bills 22-174 Connection fees 22-169 Payment of 22-171 Delinquent bills 22-174 Monthly wastewater base facilities charges 22-166 Payment of connection fees and system development charges 22-171 Review and changes of rates 22-168 Schedule of wastewater volume charges 22-167 Sewer charges applicable if sewer available 22-175 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 System development charge 22-170 Disposition of 22-172 Payment of connection fees 22-171 Use of public sewers generally Construction of provisions 22-126 Discharging stormwater, etc., into storm sewers or natural outlets 22-128 Discharging unpolluted waters into sanitary sewer; excep- tion 22-127 Grease, oil and sand interceptors 22-132 Information for determination of compliance 22-135 Limitations on discharge concentrations or quantities 22-130 Options of city manager regarding wastes 22-131 Measurements, tests and analyses determinations 22-136 Observation, sampling and measurement Structures for 22-134 Pretreatment or flow -equalizing facilities 22-133 Prohibited discharges 22-129 Use of public sewers required Constructing privies, septic tanks, cesspools 22-73 Depositing human or animal excrement 22-71 Discharging untreated wastewater or polluted waters into natural outlets, etc 22-72 Installation of toilet facilities required; connection of facil- ities to public sewer 22-74 Utility provisions generally. See: UTILITIES WATERCOURSES, WATERWAYS (Canals, lakes, etc.) Definition of "public place" to include any lake or stream 1-2 Discharging untreated wastewater or polluted waters into natural outlets 22-72 Flood hazard provisions 8-1 et seq. See: FLOOD HAZARD AREAS Public sewers, use of Discharging stormwater, etc., into natural outlets 22-128 Supp. No. 36 2154