Item 3AAGENDA ITEM # 3A
NOVEMBER 13, 2007
November 5, 2007
MEMORANDUM
TO: The Honorable Mayor
and Members of the City Commission
FROM: Jim Hans
1 y anager
SUBJECT: Follow-up eport
Optional Charge for Two Times Per Week Residential Garbage Collection; Since the City
changed the method of residential garbage collection last spring, several people have expressed a
desire to return to a two day a week pick-up schedule. The possibility of having a second pick-
up for an additional fee was discussed with the city's hauler, WSI, and a report was made at the
last regular city commission meeting on October 22, 2007. At that time, staff estimated that the
additional cost on a subscription basis for a second day per week would be $8.50 per month. If
approved by the City Commission, those individuals choosing to pay for the additional second
pick-up per week could arrange for the service through the city with a minimum one year
contract time period. To make this option available for Atlantic Beach citizens, the City
Commission would need to adopt this new service and charge by ordinance. The City
Commission should advise whether or not you would like such an ordinance prepared.
Ordinance Limiting Unsightly Buildings; The unsightly condition of the Palms Apartments on
Mayport Road has caused for several complaints to the city with requests that the owner be
forced to either tear the buildings down or begin the renovation process. City staff and the City
Attorney met and determined that the existing building shells did not violate any city or state
codes. However, the City Attorney has advised that the Commission can adopt an ordinance to
"enhance or maintain the aesthetic appeal of a community" that would require the owner of the
Palms Apartments, and other similarly situated owners, to bring the condition of their buildings
up to a point where they do not diminish the overall appearance of the community. A copy of
the City Attorney's report inane-mail dated October 11, 2007 is attached. Like the previous
item, if the City Commission wants to proceed with the consideration of such an ordinance, the
City Attorney should be directed to prepare one for first reading.
Funds for Landscaping; A third item was brought up at the last city commission meeting for
which the City Commission did not have enough time to take final action; possibly restoring
funds to the city budget to replace the flowers at the five points intersection and several other
AGENDA ITEM # 3A
NOVEMBER 13, 2007
landscaped portions of the city. The Mayor and Commission made several changes to the draft
budget during the budget workshops in August prior to final adoption. One of those changes was
to reduce the amount of money budgeted to maintain the flowers at the five points intersection,
the city limits signs at Atlantic and Seminole and on Mayport Road and at the Adele Grage
Cultural Center. The budget was reduced from $10,000 per year to $5,000 with the expectation
that remaining funds would be used to plant low maintenance shrubbery instead of flowers. To
restore the funds to this account would require a budget amending ordinance. Again, the City
Commission should determine if such an ordinance should be prepared for consideration.
AGENDA ITEM # 3A
NOVEMBER 13, 2007
Hanson, Jirn
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 are a valid exercise of their police power and these measures bear
a rational relationship to a legitimate purpose. Florida has long recognized that local governments may legislate
to protect the appearance of their communities as a legitimate exercise of their inherent police power. " Kuvin v.
City of Coral Gables, 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, ESQUIRE
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
(904) 246-2500
(904) 246-9960 FAX
Alan@AJensenLaw.com
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10/15/2007