Item 8E AGENDA ITEM # 8E
OCTOBER 11, 2010
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Updates /Amendments to Code Enforcement Board Ordinance
DATE: September 29, 2010
SUBMITTED BY: Mike Griffin, CBO, CFM, Building Official
David E. Thompson, Asst. City Manager
BACKGROUND:
The purpose of the proposed amendment is to update the City Code to make it consistent
with the state laws regulating Code Enforcement. Over time, the existing language in the
Atlantic Beach Code has become obsolete and inconsistent with the state laws.
The recommended changes will resolve any conflicts with the state laws, while
confirming the role of the Code Enforcement Board in hearing and making decisions on
City Code violations, and on applicable state laws adopted by the City.
BUDGET: No impact on the budget
RECOMMENDATIONS: To review the attached proposal and to authorize staff to
proceed to amend the City Code as recommended.
ATTACHMENTS: Draft Ordinance with Proposed Amendments
REVIEWED BY CITY MANA1
AC NDA ITEM NUMBER:
AGENDA ITEM # 8E
OCTOBER 11, 2010
ORDINANCE NO. -10-
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF ORDINANCES, ADMINISTRATION, ARTICLE V,
BOARDS AND COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD,
SECTION 2 -146, JURISDICTION, TO SET FORTH THE JURISDICTION OF THE
CODE ENFORCEMENT BOARD, AND PROVIDING AN EFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Sec. 2 -146 of the Code of Ordinances of the City of Atlantic Beach,
Florida, is hereby amended to read as follows:
"Sec. 2-146. Jurisdiction.
(a) The code enforcement board shall have the jurisdiction and authority to hear and
decide alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, per Florida Statutes Chapter 162.
(2) State of Florida Building Code, administration section of Chapter 553, as adopted
by the State of Florida and by the city..
(3) International Property Maintenance Code as adopted by the city:
(4) All other local codes and ordinances as allowed by Florida Statutes Chapter 162
Part 1., Local Government Code Enforcement Boards, as it may be amended from time to
time.
. . - ... ., ... ., _ _ ... . _ , - • _., , -,
(b) The jurisdiction of the code enforcement board shall not be exclusive. Any
alleged violation of any of the provisions of subsection (a) may be pursued by appropriate
remedy in court at the option of the administrative official whose responsibility it is to
enforce that respective code or ordinance."
SECTION 2. This Ordinance shall take effect upon its final passage and adoption.
AGENDA ITEM # 8E
OCTOBER 11, 2010
PASSED by the City Commission on first reading this day of , 2010.
PASSED by the City Commission on second and final reading this day of
, 2010.
ATTEST:
DONNA BARTLE LOUIS BORNO, JR.
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney