Item 10BAGENDA ITEM # I OB
OCTOBER 22, 2007
Hanson, Jim
From: Alan Jensen [clan@ajensenlaw.com]
Sent: Thursday, October 11, 2007 10:36 AM
To: Hanson, Jim
Cc: Sherrer, Alex
Subject: Ordinance re The Palms; ie., Boca Raton ordinance
Jim: You have asked if the city can adopt an ordinance which would require the owner of property to complete
construction or tear something down, specifically referencing a request from Mayor Wolfson in regard to The
Palms Apartments on Mayport Road. It is my understanding that after securing the property to the city's
satisfaction and beginning some repair/demolition/refurbishment work on The Palms, it has now sat vacant in a
state of partial refurbishment for several months without any further activity, and may be considered an eyesore in
the city,
Courts have held as follows:
"This court and other courts of this state have already found that measures designed to enhance or
maintain the aesthetic appeal of a community arB a valid exercise of their police power and these measures bear
a rational relationship to a legitimate purpose. Florida has long recognised that local governments may legislate
to protect the appearance of their communities as a legitimate exercise of their inherent police power. " Kuvinv.
C_ ity of Coral. Gable_s_, 2007 WL 2376654, So.2d , (Fla. 3d DCA 2007).
Therefore, the city may adopt an ordinance based on aesthetics to regulate situations which have
occurred similar to that at The Palms Apartments. In my opinion, the best place to include such an ordinance is in
Chap.12 of the Code of Ordinances, Nuisances. If some language is included in Sec.12-1 (a) to address
situations or conditions that adversly affect the aesthetic appeal of Atlantic Beach and are necessary to protect
the appearance of Atlantic Beach, then a provision could be added to Sec.12-1(b)(3) to provide that allowing a
property to become neglected so as to become an eyesore which does not maintain the aesthetic appeal of
Atlantic Beach, and needs to be corrected in order to protect the appearance of Atlantic Beach. I believe the city
should proceed with much caution in fashioning such an ordinance, make the ordinance as definitive as possible
and establish specific criteria regarding what constitutes an eyesore, what the aesthetic appeal is that the city is
maintaining, and what appearance the city is trying to protect. This would probably require a workshop after
receiving input from various boards and city employees, such as the Code Enforcement Board, Community
Development Board, Tree Conservation Board, as well as Sonya, Alex, and Ericka. Other boards and city staff
may need to be included as well.
Please let me know if you have any questions regarding the above or need additional information. The
Boca Raton ordinance addressed demolition permits and is not really pertinent to our situation. I will wait for
further instructions from you. Alan
ALAN C. JENSEN, ESQU/RE
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
(904) 246-2500
(904) 246-9960 FAX
Alan@AJensenLaw.com
CONFIDENTIALITY NOTICE: The information and all attachments contained in this electronic communication
are legally privileged and confidential, subject to the attorney-client privilege and intended only for the use of the
intended recipients. If the reader of this message is not an intended recipient, you are hereby notified that any
review, use, dissemination, distribution or copying of this communication is strictly prohibited. If you have
10/15/2007