RFP 21-02 Exhibit A - Ordinance No. 5-19-68ORDINANCE NO. 5-19-68
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
DIVISION 2 OF ARTICLE V, BOARDS AND
COMMISSIONS, OF CHAPTER 2, ADMINISTRATION, OF
THE CITY'S CODE OF ORDINANCES, TO DISSOLVE THE
CODE ENFORCEMENT BOARD AND ESTABLISH
PROVISIONS FOR CODE ENFORCEMENT SPECIAL
MAGISTRATE(S); AMENDING DIVISION 3 OF ARTICLE
V, BOARDS AND COMMISSIONS, OF CHAPTER 2,
ADMINISTRATION, OF THE CITY'S CODE OF
ORDINANCES, TO DISSOLVE THE NUISANCE CONTROL
BOARD AND DELETE ALL OF SAID DIVISION 3;
FURTHER AMENDING SECTIONS 6-121, 7-27, 13-167 AND
169, 22-74, 23-48 AND 51 AND 24-267 AND 272 OF THE CODE
OF ORDINANCES TO DELETE ALL REFERENCES TO A
CODE ENFORCEMENT BOARD AND REPLACE WITH
SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Section 162.03, Florida Statutes, authorizes municipalities to create
administrative boards, including a special magistrate, to hear alleged violations of municipal codes
and impose administrative fines and other noncriminal penalties to provide an equitable,
expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force,
where pending or repeated violation continues to exist; and
WHEREAS, the City Commission has considered this Ordinance after proper public
notice and hearings and receiving comments from staff and the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Division 2, Code Enforcement Board. Article V, Boards and Commissions, of
Chapter 2, Administration, of the Code of Ordinances is hereby amended as shown in Exhibit A,
attached hereto and made a part hereof.
SECTION 2. Division 3, Nuisance Control Board. Article V, Boards and Commissions, of
Chapter 2, Administration, of the Code of Ordinances is hereby deleted in its entirety as shown in
Exhibit A attached hereto and made a part hereof.
SECTION 3. Other Amendments to Code of Ordinances. Sections 6-121, 7-27, 13-167 and 169,
22-74, 23-48 and 51, and 24-267 and 272 of the Code of Ordinances are hereby amended to delete
references to a code enforcement board and replace with references to special magistrate(s).
01087844-2
Page 1 of 20
SECTION 4. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTIONS. Severability. If a Court of competent jurisdiction at any time finds any provision of
this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 294 day of \ Anvetrj, 2019.
PASSED by the City Commission on second and fmal reading this0' day of
rehrLtari , 2019.
CITY O TLANTIC BEACH
Ellen Glasser, Mayor
Attest:
tht444J
Donna L. Bartle, City Clerk
Approved as to form and correctness:
01087844-2
Page 2 of 20
EXHIBIT A TO ORDINANCE NO. 5-19-68
ARTICLE V. - BOARDS AND COMMISSIONS
DIVISION 2.
r 1
Sec. 2-141. — Intent of Article.
110,
SPECIAL MAGISTRATE
It is the intent of this article to promote. protect, and improve the health, safety, and
welfare of the citizens of the city by authorizing the creation of one or more code enforcement
special magistrates ("special magistrate") with authority to hear and impose administrative fines
and other non -criminal penalties to provide an equitable and expeditious method of enforcing
certain codes and ordinances in force in the city, where a pending or repeated violation continues
to exist.
Sec. 2-142 ; . Code enforcement board dissolved;
references revised. - - - _ - _ .. •- - . - •. _ city, which shall consist of seven (7) bo-ard members and one (1) alternate member,
who shall serve on the bocad in the absence of board
mayor and appro-
member of the baud shall be residents of the city and shall serve without
compensation. Board members may serve a maximum of three (3) consecutive terms.
Service as an alternate member, however, shall not preclude service thereafter as a
board member for a Malli-MUM of three (3) consecutive terms.
(b) The membarsbup of the code enforcement board shall, whenever possible, include
persaFIs in the fall -owing fields:
(1) Architect;
(2) A businessperson;
(3) An engineer;
(1) A general contractor;
(6) A subcontractor;
(7) A person with zoning and building experience.
(c) The initial appointments to the code enforcement board shall be as follows:
(1) Two (2) members shall b., appointed for a term of one (1) yeur.
(2) Three (3) members shall be appointed for a term of two (2) years;
(3) Two (2) mcmbrrs shall be appointed for a term of three (3) years.
Thereafter, each t€nn shall be -for a period of three (3) years.
(d) Any member may be reappointed from term to term upon: a-ppr;;
resolutions of the City Commission shall hereafter bedeemed to refer to the special magistrate
appointed under the authority of this article.
Sec. 2-1432. Special Magistrate appointment; qualifications; term. Removallliug
vaeancies.
Members of the code enforcement board may be removed from office by the city
commission for cause upon written charges c d after public hearing. Any member who fails to
attend two (2) of three (3) successive meetings without cause and without priar approval al of the
chair shall hay.. �- .. .. .: .. . .... : . .. . .
eo:rmiscion shall promptly fill ;uch vacancy. Vacancies shall be filled by appointment by the
mayor and approval of the city commis on for the unexpired terms affected.
(a) The City Commission shall by resolution appoint a special magistrate or special
magistrates, as needed.
(b) The special magistrate or special magistrates shall have the jurisdiction and authority
granted by this Division.
(c) Appointment of the special magistrate or special magistrates shall be made on the basis
of experience and interest in the subject matter, in the sole discretion of the City
Commission.
(d) Any special magistrate appointed hereunder must be a member in good standing of the
Florida Bar for at least five (5) years prior to appointment.
(e) The appointment of a special magistrate shall be made for a term of one (1) year, with the
City Commission reserving the right to terminate the term prior to its natural end, in
writing, with no less than thirty (30) days' notice. upon resolution of the City Commission.
The term may be extended upon resolution of the City Commission for a term not to exceed
one (1) year. No term limits shall be established herein for any appointed special
magistrate. If the special magistrate wishes to terminate the term prior to its natural end,
the special magistrate shall notify the City, in writing, no less than sixty (60) days in
advance.
Sec. 2-1443. — Special magistrate compensation. ;
(a) At the first meeting of the code enforcement board, the members of the board shall elect a
chairman and a vice chairman to preside in the absence of the chairman. The -presence of
four (4) or more members shall constitute a quorum necessary to take action.
(b) Special meeting - .:... - . - :. - - . upion the giving of notice
thereof to each other member of the board. Unless waived by a majority of the board, notice
of a special meeting chi. -21 be. given at least twenty four (21) hours prior thereto.
The special magistrate shall receive such compensation as determined by the City
Commission. Such compensation shall be set forth in the resolution appointing the special
magistrate.
Sec. 2-1454. - Minutes of hearings; clerical and administrative personnel.
Minutes shall be maintained of all hearings held by the code enforcement board special
magistrate, and all hearings shall be recorded and open to the public. The eCity eCommission
shall provide clerical and administrative personnel as may be reasonably required by the
board special magistrate for the proper performance of its duties.
01087844-2
Page 4 of 20
Sec. 2-146-5. - City attorney.
The city attorney -shall represent the city by presenting cases before the board special
magistrate; but in no case shall the city attorney serve in both capacities. Each case before
the board special magistrate shall be presented by either the city attorney or by a member of
the administrative staff of the municipality.
Sec. 2-147-6. - Jurisdiction.
(a) The code enforcement board special magistrate(s) shall have the jurisdiction and authority
to hear and decide alleged violations of the following:
(1) City of Atlantic Beach Code of Ordinances, per pursuant to Chapter 162, Florida
Statutes and the provisions of this Code, each as may be amended; and,except as
provided in section 2.116.1 below.
(2) State of Florida Building Code, administration section of Chapter 553, {Florida
Statutes}, 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 Chapter 162, Part 1, Florida
Statutes, Local Government Code Enforcement Boards, as it may be amended from
time to time.
(b) The jurisdiction of the code enforcement board special magistrate 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.
(a) A special magistrate or special magistrates shall be appointed and removed by the city
manager subject to the approval of the commission and shall have the jurisdiction and
'1 11, classification of dogs as dangerous; certification of registration; notice and hearing
requirements; confinement of animal; exemption; appeals; unlawful acts. Appointment of
the special magistrate shall be made on the basis of experience and interest in the subject
(1?) The special magistrate e Nall r.
(c) The special magistrate shall have the power to:
(1) Adopt rules for the conduct of the hearings.
(2) Subpana alleged violators and witnesses to hearings.
(3) Subpoena evidence.
(') Take testimony under oath.
rrrrission.
01087844-2
trate may consider include, but is not
limited to, the follows:
(1) The gravity of the incident giving rise to the dangerous dog declaration.
(2) Any previous ani.�ra control violations.
(3) Any actions take by the dog owner to prevent or correct aggressive behavior.
(') The complexity and resources required to eemplcte the investigation.
(5) The cost and outcome of the hearing.
Page 5 of 20
Sec. 2-1484. - Procedure; enforcement and hearings.
(a) Enforcement procedures.
(1) For the purpose of this division, "code officer" means any authorized agent or employee
of the City of Atlantic Beach whose duty it is to insure compliance with the code and
ordinances of the city.
(2) It shall be the duty of the code officer to initiate enforcement proceedings of the various
codes and ordinances. No member of the board Special magistrate shall not have the
power to initiate such enforcement proceedings.
(3) Except as provided in subsections (4) and (5) below, if a violation of the codes or
ordinances is found, the code inspector shall first notify the violator and give him/her
reasonable time to correct the violation. Should the violation continue beyond the time
specified for correction, the code officer shall notify the board special magistrate and
request a hearing. The board special magistrate or their clerical staff shall schedule a
hearing and notice of such hearing shall be provided to said violator pursuant to
subsection (d) or this section. If the violation is corrected and then recurs, or if the
violation is not corrected by the time specified for correction by the code officer, the
case may be presented to the board special magistrate even if the violation has been
corrected prior to the hearing, and the notice shall so state.
(4) If the code officer has reason to believe a violation or the condition causing a violation
presents a serious threat to the public health, safety, and welfare, or if the violation is
irreparable or irreversible in nature, the code officer shall make a reasonable effort to
notify the violator and may immediately notify the board special magistrate and request
a hearing.
(5) If a repeat violation is found, the code inspector shall notify the violator but is not
required to give the violator a reasonable time to correct the violation. The code
inspector, upon notifying the violator of a repeat violation, shall notify the board special
magistrate and request a hearing;_ tile board special magistrate, through their clerical
staff, shall schedule a hearing and shall provide notice pursuant to subsection (d) of this
section. The case may be presented to the board special magistrate even if the repeat
violation has been corrected prior to the hearing, and the notice shall so state. "Repeat
violation" means a violation of a provision of a code or ordinance by a person who has
been previously found through a code enforcement board, special magistrate or any
other quasi-judicial or judicial process, to have violated or who has admitted violating
the same provision with five (5) years prior to the violation, notwithstanding the
violations occur at different locations.
(6) If the owner of property which is subject to an enforcement proceeding before the
how special magistrate. or a court transfers ownership of such property between the
time the initial pleading was served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee.
b. Deliver to the prospective transferee a copy of the pleadings, notice, and other
material relating to the code enforcement proceeding received by the transferor.
c. Disclose, in writing, to the prospective transferee that the new owner will be
responsible for compliance with the applicable code and with orders issued in the
code enforcement proceedings.
01087844-2
Page 6 of 20
d. File a notice with the code officer or clerical staff of the transfer of the property,
with the identity and address of the new owner and copies of the disclosures made
to the new owner, with five (5) days after the date of the transfer.
A failure to make the disclosures described in paragraphs a., b., and c. before the
transfer creates a rebuttable presumption of fraud;_ iIf the property is transferred before
the hearing, the proceeding shall not be dismissed, but the new owner shall be provided
a reasonable period of time to correct the violation before the hearing is held.
(b) Hearing process.
(1) Administrative support staff for the bead special magistrate shall establish annually a
schedule of periodic meetings. In addition, upon request of the code officer, or at such
other times as may be necessary, the chair of the board special magistrate may call a
hearing of the board.
(2) Upon scheduling of a hearing, the board special magistrate shall cause notice therefore
to be furnished to the alleged violator by such methods as described in subsection (d)
of this section. Said notice of hearing shall contain the date, time and place of the
hearing and shall include the sworn statement of the code inspector setting forth the
nature of the violation and reference to the appropriate code or ordinance.
(3) Assuming proper notice of the hearing has been provided to the alleged violator as
provided in subsection (2) above, a hearing may proceed in the absence of the alleged
violator.
(4) At the hearing, the burden of proof shall be upon the city to show, by a preponderance
of evidence that a violation does exist.
(5) All testimony shall be under oath and shall be recorded; the-beard special magistrate
shall take testimony from the city and alleged violator, and from such other witnesses
as may be called by the respective parties.
(6) Formal rules of evidence shall not apply, but fundamental due process shall be observed
and govern said proceedings.
(7) Irrelevant, immaterial or unduly repetitious evidence shall be excluded, but all other
evidence of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs shall be admissible, whether or not such evidence would be admissible
in accordance with State of Florida Rules of Evidence.
(8) Any member of the boardThe special magistrate, or attorney a DC-ill to en
counsel to the board, may inquire of any witness before the-beard special magistrate.
The alleged violator, or the violator's attorney or representative, and the city shall be
permitted to inquire of any witness appearing before the board special magistrate and
shall be permitted to present brief opening and closing statements.
(9) At the conclusion of the hearing, the board special magistrate shall issue findings of
fact, based on the evidence of record, and conclusions of law, and shall issue an order
affording the proper relief consistent with powers granted by Chapter 162, Florida
Statutes, the ordinance City's Code of Ordinances and any other law or ordinance
granting authority to the code enforcement board special magistrate. In a board hearing,
the finding shall be by motion approved by the majority of those members present and
voting; except that at least four ('1) members of the board must case a vote in order for
the action to be official. The order may include a notice that it must be complied with
by a specified date and that a fine will be imposed should the compliance not be
achieved and, under the conditions specified in subsection 2-150449(b) of this division,
01087844-2
Page 7 of 20
and --any such costs incurred in the prosecuting this case may be included, along with
the fine if the order is not complied with by said date. The order shall be reduced to
writing and mailed by certified mail, return receipt requested, to the alleged violator
with fifteen (15) working days after the hearing. A certified copy of such order may be
recorded in the public records of Duval County and shall constitute notice to any
subsequent purchasers, successors in interest, or assigns if the violation concerns real
property, and the findings therein shall be binding upon the violator and, if the violation
concerns real property, any subsequent purchasers, successors in interest, or assigns. If
an order is recorded in the public records pursuant to this subsection and the order is
complied with by the date specified in the order, the board special magistrate shall issue
an order acknowledging compliance that shall be recorded in the public records. A
hearing is not required to issue such an order showing compliance.
(10)The city shall present each case before the -beard special magistrate. If the city prevails
in prosecuting a case before the beard special magistrate, it shall be entitled to recover
all costs incurred in prosecuting the case, including without limitation, attorneys' fees
and costs.
(c) Rehearing.
(1) An aggrieved party, including the City of Atlantic Beach, may request a rehearing of
the initial order of the board special magistrate. Any such rehearing request shall be
filed with the City Clerk's Office within ten (10) days of the execution of the order to
be appealed. Consideration of a request for rehearing shall be scheduled by the
administrative staff for the next available hearing date by the special magistrate entity
that issued the order. Notice of the hearing date shall be provided by the administrative
staff via first class mail to the entity that files the request for rehearing.
(2) Any request for rehearing must be made in writing and be based on the following
grounds:
a. That there exists new and material evidence which, if introduced at the hearing,
would probably allegedly have changed the code enforcement board special
magistrate's decision and could not with reasonable diligence have been discovered
before and produced at the initial hearing; and
b. Given this evidence, a description of how the order issued is contrary to the law
and evidence.
(3) A request for a rehearing shall not toll the time for the taking of an appeal nor shall it
toll any fines mandated by the order in question, should the request for rehiring
rehearing be denied.
(4) If the request for rehearing is granted, the code enforcement board special magistrate
shall schedule the case for consideration at a future hearing, to be heard de novo.
(d) Notice requirements.
(1) All notices required by this part Division 2 shall be provided to the alleged violator by:
a. Certified mail, return receipt requested, provided if such notice is sent under this
paragraph to the owner of the property in question at the address listed in the tax
collector's office for tax notices, and at any other address provided to the city code
enforcement staff or administrative staff of the code enforcement board city or the
special magistrate by such owner and is returned as unclaimed or refused, notice
may be provided by posting as described in subparagraphs (d)(2)d. and e. below,
and by first class mail directed to the addresses furnished to the City of Atlantic
01087844-2
Page 8 of 20
Beach with a properly executed proof of mailing or affidavit confirming the first
class mailing; or
b. Hand delivery by the sheriff or other law enforcement officer, code officer, or other
person designated by the City of Atlantic Beach.-,; or
c. Leaving at the violator's usual place of residence with any person residing therein
who is above fifteen (15) years of age and informing such person of the contents of
the notice; or
d. In the case of commercial premises, leaving the notice with the manager or other
person in charge.
(2) In addition to providing notice as set forth in section 2-148?f (d)}l of this 4Division,
at the option of the board special magistrate, notice may also be served by First -Class
Mail and either publication or posting, as follows:
a. Such notice shall be published once during each week for four (4) consecutive
weeks (four (4) publications being sufficient) in a newspaper of general circulation
in Atlantic Beach. The newspaper shall meet such requirements as are prescribed
under Chapter 50, Florida Statutes, for legal and official advertisements.
b. Proof of publication shall be made as provided in F.S. § 50.041 and § 50.051.
c. Proof of publication shall be made as provided in F.S. § 50.011 and § 50.051.d
dc. Proof of posting shall be by affidavit of the person posting the notice, which
affidavit shall include a copy of the notice posted and the date and places of its
posting.
ed. Notice by publication or posting may run concurrently with, or may follow, and
any attempt or attempts to provide notice by hand delivery or by mail as required
by subsection (d) of this section.
fe. Evidence that an attempt has been made to hand deliver or mail notice as provided
in subsection (d)(1) of this section, together with proof of publication or posting as
provided in subsection (d)(2) of this section, shall be sufficient to show that the
notice requirements of this division have been met,
the notice requirements of this division have been met, without regard to whether
of or not the alleged violator actually received such notice.
Sec. 2-149-8. - Powers.
The board special magistrate shall have the power to:
(1) Adopt rules for the conduct of their code enforcement hearings.
(2) Subpoena alleged violators and witnesses to -their code enforcement hearings.
(3) Subpoena records, survey, plats and other documentary evidence to its hearings evidence.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of law, commanding whatever steps are necessary
to bring a violation into compliance.
(6) Establish and 1 Levy fines pursuant to subsection 2-1504490).
Sec. 2-150-4-9. - Administrative fines; cost of repairs; contests; liens; money judgments.
(a) The board special magistrate, upon notification by the code officer that an order of the
beard special magistrate has not been complied with by the set time or, upon finding that a
repeat violation has been committed, may order the violator to pay a fine in an 'amount
specified in the section for each day the violation continues past the date set by the -beard
01087844-2
Page 9 of 20
special magistrate for compliance or, in the case of a repeat violation, for each day the
repeat violation continues, beginning with the date the violation is a violation described in
subsection 2-1484(b)(9) of this dDivision,_ tThe beard special magistrate shall notify -the
eity-eommisaion, which may also authorize the making of City Manager or his designee to
make all reasonable repairs which are required to bring the violations into compliance and
charge the violator with the reasonable cost of the repairs up to twenty thousand dollars
($20,000),, along with the fine imposed pursuant to the section. Repairs exceeding twenty
thousand dollars ($20,000) within a one year period shall require approval by the City
Commission. Making such repairs does not create a continuing obligation on the part of
the city to make further repairs to maintain the property and does not create any liability
against the city for any damages to the property if such repairs were completed in good
faith. If a finding of a violation or a repeat violation has been made as provided in this
section, a hearing shall not be necessary for the issuance of the order imposing the fine. A
fine imposed pursuant to the section shall not exceed five hundred dollars ($500.00) per
day for a first violation and shall not exceed two hundred fifty dollars ($250.00) per day
for a repeat violation, and, in addition, may include all costs incurred in the enforcing this
ordained ordinance and all costs of repairs pursuant to this section. If after due notice and
hearing, the board special magistrate finds a violation to be irreparable or irreversible in
nature, it may order the violation [violator} to pay a fine not to exceed five thousand dollars
($5,000.00) per violation.
(b) In determining the amount of the fine, if any, the board special magistrate shall consider
the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) When considering alleged violations of Section 4-10. Dangerous Dogs, or Section 4-11,
Classification of Dogs as Dangerous, the special magistrate may impose fines to cover all
costs incurred by the city in enforcing its codes. Criteria that the special magistrate may
consider include, butare not limited to. the following:
(1) The gravity of the incident giving rise to the dangerous dog declaration;
(2) Any previous animal control violations by the violator;
(3) Any actions taken by the dog owner to prevent or correct aggressive behavior;
(4) The complexity and resources required to complete the investigation; and
(5) The cost and outcome of the hearing.
(ed) The board special magistrate may reduce a fine imposed pursuant to this section at
any time.
(de) Notice of finding by the code officer of noncompliance with the prior order of the
beard special magistrate shall be mailed to the violator. The violator may contest in writing
the findings of the code officer. Such contest must be postmarked within ten (10) days of
the postmark date on the noncompliance notice and mailed to the administrative staff as
designated by the board special magistrate. Upon receipt of a contest letter, the
administrative rapport staff for the board special magistrate shall provide notice to the
violator of the contest hearing date and time. If the violator, after filing the written contest,
fails to attend the next noticed meeting noticed contest hearing, the violator's contest shall
be considered withdrawn by the board special magistrate. Any review of a contest heard
hearing under this section shall be constrained to whether the code officer's finding of
01087844-2
Page 10 of 20
noncompliance are is supported by the evidence presented that the violation as the date of
the inspection remained uncured. At the hearing, the burden of proof shall be upon the
violator to show, by a preponderance of the evidence, that a violation did not exist at the
time of the inspection. Upon hearing from the violator or his attorney and the administrative
sta€fcode officer or the city attorney, the board special magistrate shall either dismiss the
case or uphold the finding of the code officer.
(ef) Following the failure of the violator to file a contest within the time permitted under
the above section, or the upholding of the finding of the code officer by the board special
magistrate, a certified copy of an order imposing a fine, or a fine plus repair costs, may be
recorded in the public records of Duval County, Florida, and thereafter, shall constitute a
lien against the land upon which the violation exists and upon any other real or personal
property owned by the violator. Upon petition to the circuit court, such order shall be
enforceable in the same manner as a court judgment by the sheriffs of this state, including
execution and levy against the personal property of the violator, but, such order shall not
be deemed otherwise -to as a court judgment except for the enforcement purposes.
(fg) A fine imposed pursuant to this part shall continue to accrue until the violator comes
into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant
to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this
section runs in favor of the City of Atlantic Beach and the board special magistrate may
execute a satisfaction or release of lien entered pursuant to this section. After three (3)
months -for from the filing of any such liens -with which remains unpaid, the board special
magistrate may authorize the local governing body attorney to foreclose on the lien or to
sue to recover a money judgment for the amount of the lien plus accrued interest. No lien
created pursuant to the provision of this section may be foreclosed on real property which
is a homestead under Section 4, Article X of the Florida State Constitution. The money
judgment provision of this section shall not apply to real property or personal property
which is covered under Section 4(a), Article X of the Florida Constitution.
Sec. 2-151-0. - Duration of lien.
(a) No lien provided by this division shall continue for a period longer than twenty (20) years
after the certified copy of an order imposing the fine has been recorded, unless within that
time an action to foreclose on the lien is commenced in a court of competent jurisdiction.
In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attorney's fees that it incurs in the foreclosure. The city shall be
entitled to collect all costs incurred in recording and satisfying a valid lien. The
continuation of the lien affected by the commencement of the action to foreclose shall not
be good against the creditors or subsequent purchasers for valuable consideration with
notice, unless a notice of lis pendens is recorded.
(b) In circumstances where the City of Atlantic Beach's interest in a property has been
foreclosed and the property has been sold at a foreclosure sale, the city's lien is not satisfied,
but removed from the subject property by a final judgment issued by the court. Upon
request, the city will prepare and record a partial release of lien to release the subject
property from the code enforcement lien upon payment of fees for costs and services
charged to the requesting party.
Sec. 2-1524. - Appeal.
01087844-2
Page 11 of 20
(a) An aggrieved party, including the city commission, may appeal a final administrative order
of the board special magistrate to the circuit court. Any such appeal shall be filed with
thirty (30) days of the execution of the order to be appealed.
(b) Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of
the record created before the board special magistrate.
(c) The board special magistrate shall, by rule, establish reasonable charges for the preparation
of the record to be paid by the appealing party.
Secs. 2-153-2--2-160. Reserved.
DIVISION 3. NUIEA
Sec. 2161. Created.
Pursuant to F.S. § 893.138, an administrative board to be known as the "public n-uis zcs
control board" is hereby created. The word "board" when used in this division shall be
- .'d "public nuisance control board."
The members of the code enforcement board shall constitute the members of the publis
nuisance control board.
Scc. 2 163 2 166. Reserved.
(a) The board shall h ar complaints regarding certain nuisances as described herein. Any place
or premise . - • , - . . 'thin a six month period,
as the site of a violation of F.S. § 796.07 prostitution; on more than two (2) occasions
within a six period, as the site of the unlawful sale, delivery, m-anufacture, or
cultivation of any controlled substance; an mor - -
unlawful possession of a controlled substance, where such possession constitutes a felony
and that has been previously used or, more than one (1) occasion as the site of the unlawful
er F.S. § 89-3thy criminal gang for the purpose of conducting carinal gang activity as defined by F.S. §
874.03; on more than two (2) occasions within a six month periodthe site of a violation
of F.S. § 812.019 relating to dealing in stolen property; may be declared to be a public
nuisance, and such nuisance may be abated pursuant to the procedures provided in this
section.
(b) Any employee, officer or resident of the city may bring a complaint before the board after
giving not less than three (3) days' written notice of such complaint to the owner of the
plaec-r premises at his last known address. Any such complaint shall be filed with the
code enforcement officer.
01087844-2
opportunity to present evidence in his defense. Such evidence Nall include any action
general reputation of the place or premises, the board may declare the place -or premises to
be a public nuisance as described herein.
Page 12 of 20
(d) If the board declares a place or premises to be a public uirmce, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(3) The conduct, operation or maintenance of any busine;,s., or activity on the premises
which is conducive to such nuisance. Any such order entered shall expire after one (1)
year or at such earlier time as stated in the order.
The city may bring a complaint under F.S. § 60.05 seeking a permanent injunction against
any nuisance described herein.
fie^*�6nestric-tiens.
This division does not restrict the right of any person to proceed under F.S. § 60.05 against
any public nui:.c.n
Secs. 2 170 2 225. Reserved.
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."
(d) Section 103.1 General. Amend to read: "The building department and code enforcement
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."
01087844-2
Page 13 of 20
(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."
Sec. 7-27. - Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful order of the fire official
shall constitute a misdemeanor of the second degree, punishable by a fine of not more than
five hundred dollars ($500.00), or by imprisonment for not more than ten (10) days, or by
both a fine and imprisonment. Each day that a violation continues shall be a separate
offense, in accordance with F.S. § 633.171, as it currently exists or subsequently amended.
(b) The city may use any appropriate actions or proceeding at law or in equity for the
enforcement of this chapter, and any court of competent jurisdiction shall have the right to
issue restraining orders, temporary or permanent injunctions or mandamus or other
appropriate forms of remedy or relief
(c) The city may enforce this chapter using the proceedings set forth in Chapter 2,
Administration, Article V, Division 2, Code Enforcement Board Special Magistrate, of the
City Code of Ordinances, as prescribed in F.S. Ch. 162 and the City's Code of Ordinances.
Sec 13-167. - Violations.
The city manager, or his designee, may refer any violation of this article to the Attorney
General's Office for enforcement per F.S. § 812.175, and to the city's code enforcement
officer for prosecution pursuant to Chanter 2, Article V, Division 2 of the Code of
Ordinances, before the city's code enforcement board.
Sec. 13-169. - Civil fines.
Violations of this article may result in a notice of violation from the Attorney General,
civil fines imposed by the Attorney General not to exceed five thousand dollars ($5,000.00)
per F.S. § 812.175, and any fines and costs imposed by the city's code enforcement board
special magistrate. as authorized by F.S. § 162.01, et seq ff.
Sec. 22-74. - Installation of toilet facilities required; connection of facilities to public sewer.
(a) The owners of all houses, buildings or properties used for human occupancy, employment,
recreation, or other purposes, and situated within the city are hereby required at the owner's
expense to install suitable toilet facilities therein.
01087844-2
Page 14 of 20
(b) The owners of all properties described in (a) above shall connect their toilet facilities to
public sewer, provided the public sewer is within one hundred (100) feet or thirty and five -
tenths (30.5) meters of the property line, as follows:
(1) If new construction, then immediately.
(2) If currently under an assessment for installation of public sewer lines (whether already
paid off or still paying), connection shall be made within one (1) year after expiration
of the assessment. (Assessments in Ocean Grove expire December, 2006, on Beach
Avenue in May, 2010, and in Marsh Oaks (f/k/a Section 11) in November, 2011.)
(3) If not currently under an assessment for installation of public sewer lines, connection
shall be made within five (5) years of the effective date of this section.
(4) If failure of an OSDS occurs, then immediately. Failure of an OSDS is defined in
section 22-90-(b), copy attached.
(c) The owners of all properties described in (a) above where public sewer is not currently
available, but becomes available in the future, shall connect their toilet facilities to public
sewer as follows:
(1) Within ninety (90) days after date of official notice from the city to do so. Official
notice shall be complete upon mailing said notice to the property owner at the property
address and at his or her last known address, if any.
(2) If failure of an OSDS occurs, and public sewer is available, then immediately. Failure
of an OSDS is defined in section 22-90(b), copy attached.
(d) Failure of any property owner to connect to public sewer as required shall be unlawful and
subject to all penalties, including, but not limited to, the following:
(1) General penalty as provided in section 1-11, copy attached;
(2) Prosecution pursuant to Chapter 2, Article V, Division 2 of the Code of Ordinances
before the code enforcement board;
(3) Billing for appropriate services retroactive to the date connection should have been
made. The amount of any such billing shall be in accordance with city practice, in at
least the amount of minimum billing for the appropriate services.
(e) The city may, from time to time, offer financial assistance and incentives to property
owners to encourage a more rapid conversion from an OSDS to public sewer. Any financial
assistance and incentives shall be as set forth in a resolution duly adopted by the city
commission.
Sec. 23-48. - Stop work order.
(a) Authority to stop work The city manager or designee of the city manager shall have the
authority to immediately issue a stop work order in any of the following circumstances:
(1) Whenever land is being cleared without an approved permit or in a manner inconsistent
with the approved permit;
(2) Upon the failure of the permittee, or failure of the property owner if no permit exists,
to take immediate corrective action when there is an apparent danger to life or property;
(3) Whenever ongoing noncompliant work is not immediately and permanently stopped
upon receipt of a written or oral notice of violation;
(4) Whenever protection measures have not been implemented or maintained and danger
to regulated trees or regulated vegetation exists or appears imminent;
01087844-2
Page 15 of 20
(5) Whenever remedial work required by notice of violation pursuant to subsection (a) of
this section is not completed in the time period specified; or
(6) Upon failure to post or have the approved permit and plans available onsite.
(b) Content and scope of stop work order. The stop work order shall specify the circumstances
that have resulted in issuance of the order. It shall also direct that all work be stopped other
than such remedial work as is deemed necessary to bring the violation into compliance, or
it may specify the cessation of specific work by functional nature, such as land clearing,
regulated tree or regulated vegetation removal, grading, roadway construction, building
erection or utility construction. The order may apply to the entire project or to geographical
portions of the project that may be individually specified.
(c) Failure to comply after notice of violation and stop work order. If the person(s) in violation
fails to complete the required remedial action within the prescribed time, or continues any
development activity in violation of a stop work order, the administrator may refer such
matter to the code enforcement board or may initiate any other code enforcement action
pursuant to Chapter 2, Article V, Division 2 of the Code of Ordinances, or other remedies
as authorized by law.
Sec. 23-51. - Penalties.
(a) General provisions. Any person(s) violating a provision of this chapter shall be punishable
according to the law or in accordance with the findings of the duly appointed codc
enforcement board, special magistrate.
(1) Violations of this chapter are considered irreparable and irreversible in nature.
(2) Each day any violation continues shall constitute a separate offense.
(3) Each regulated tree removed from a site in violation of these regulations shall constitute
a separate offense.
(4) Each acre or fraction thereof, of land cleared in violation of these regulations shall
constitute a separate offense.
(5) Person(s) charged with violations of this chapter may include:
a. The owner, agent, lessor, lessee, contractor or any other person(s) using the land,
building or premises where such violation exists.
b. Any person(s) who maintains any land, building or premises upon which a violation
exists.
c. Any person(s) who knowingly commits, takes part, or assists in such violation.
(b) Building permits. No building permit shall be issued for a site unless and until a required
tree or vegetation removal permit has been issued, or while any violation of this chapter
exists on the subject site.
(c) Injunction. Any affected person(s) may seek an injunction against any violation of the
provisions of this chapter and recover from the violator such damages as he or she may
suffer including, but not limited to, damage to property as a result of development or failure
to maintain, in violation of the terms of this chapter.
(d) Sanctions for failure to obtain a permit.
(1) Regulated trees or regulated vegetation removed in violation of this chapter shall
require an after -the -fact permit, the fee for which shall be two (2) times the normal
established application fee specified in section 23-26. In addition, as a condition of the
01087844-2
Page 16 of 20
permit, the applicant shall immediately complete all remedial work as necessary to
stabilize the site and mitigate all damage to the site and adjacent properties.
(2) Regulated trees removed in violation of this chapter shall be assessed at two (2) times
the normal established rate of mitigation specified in section 23-33.
(3) If a lot, parcel, site or portion thereof, has been cleared such that the administrator is
unable to determine with reasonable certainty the number and size of regulated trees
and/or regulated vegetation removed in violation of this chapter, analysis of aerial
photography or other such accepted scientific methodology shall be used to make a
determination as to the loss of canopy and/or land cover for the purpose of assessing
mitigation. A civil fine of five dollars ($5.00) per square foot of canopy or land cover
lost shall be assessed by the administrator, and shall be payable to the tree fund within
seven (7) days of such assessment. No further work or development shall proceed until
the city is in receipt of any such assessed fine.
(4) Any person(s) exhibiting a documented history of chronic or repeated violations of this
chapter shall, upon third offense, be reported to the Florida Department of Business
and Professional Regulation, as well as any other authority governing licensing,
registration or certification of individuals or businesses.
Sec. 24-267. - Requirements within wellhead protection areas.
The following requirements apply to all Floridan Aquifer wells, including private wells,
within the boundary of a wellhead protection area.
(a) All Floridan and Hawthorne wells may be inspected by the City or their consultants at any
time after the effective date of this ordinance. The City shall prioritize re -inspections for
wells that, in its opinion, pose the greatest threat to the Floridan Aquifer.
(b) Floridan Aquifer wells that do not have positive piezometric pressure shall have a backflow
prevention device in compliance with local plumbing code and Department of
Environmental Protection rules.
(c) Within one year after the effective date of this chapter, all Private Floridan wells within a
Wellhead Protection Area shall be configured with a sanitary seal on the wellhead and a
concrete pad around the outside of the well casing to prevent leakage of surface water into
the well. Each well shall be finished with a concrete pad a minimum of five (5) feet by five
(5) feet and at least three (3) inches thick. The pad shall be finished above ground surface
to allow surface water to drain away from the wellhead. The surrounding ground surface
should be sloped away from the wellhead, if possible, to further prevent surface water from
collecting at the wellhead.
(d) Floridan Aquifer wells shall be drilled, maintained and repaired according to the standards
of Chapters 62-524 and 40C-3, Florida Administrative Code.
(e) The city shall notify the owner of any well that is not found to be in compliance with the
requirements of this section of the violation. Any private well not properly constructed or
maintained to reasonably prevent contamination from any other aquifer to the Floridan
Aquifer shall be abandoned, repaired or replaced. The cost of abandonment, repair or
replacement shall be the responsibility of the well owner and/or the owner of the property
on which the well is located. All private faulty wells found to be out of compliance shall
have ninety (90) days to either perform those repairs necessary to bring the private well
01087844-2
Page 17 of 20
into compliance with this section or to properly abandon the well pursuant to the
appropriate standards and procedures. Copies of inspection reports from the St. Johns River
Water Management District confirming that the well has been properly abandoned,
repaired or replaced shall be submitted to the city. If the work is not inspected by the St.
Johns River Water Management District, the city or their consultant shall inspect the well
to confirm that it has been properly abandoned, repaired or replaced at the cost of the
owner, and the abandonment, repair or replacement shall be entered into a database of well -
related information maintained by the city. Failure to properly repair or abandon a private
faulty well, pursuant to the requirements of this section, shall be referred to the code
enforcement board result in code enforcement action pursuant to Chatter 2, Article V,
Division 2 of the Code of Ordinances.
Sec. 24-272. - Environmental assessment and protection of wetlands and environmentally
sensitive areas.
(a) Environmental assessment required. The wetlands and the environmentally sensitive areas
maps (Map A-2 and A-4) as contained within the city's comprehensive plan identify areas
that are presumed to have wetlands or significant environmental features. Where a
development permit is sought in such areas, an environmental assessment of the site and
the potential for impacts to the presumed resource shall be provided by the applicant
seeking such permit.
(b) Where the environmental assessment determines that natural jurisdictional wetlands
remaining on the site have been damaged or degraded over time through previous
development, storm events, improper drainage runoff or other adverse activities, but where
wetland vegetation and habitat are predominant in quantity on a proposed development
site, all plans submitted for review or permitting shall demonstrate a plan for restoration,
enhancement, mitigation or recovery of remaining jurisdictional wetlands. Restated, it is
the express intent of the city that no net loss of jurisdictional wetlands occurs through any
development action within the city.
(c) Buffers required from wetlands. The following upland buffers shall be required, except for
lands adjacent to isolated wetlands. Upland buffers shall be measured from the St. Johns
River Water Management District or Florida Department of Environmental Protection
Wetland jurisdictional line.
(1) For development occurring following the March 8, 2010, effective date of these
amended land development regulations, a natural vegetative buffer a minimum of fifty
(50) feet in width shall be required and maintained between developed areas and the
tributaries, streams, or other water bodies connected to the intracoastal waterway
regardless of any other regulatory agency requirement of a lesser distance. Such
portions of these tributaries, streams, or other water bodies subject to this buffer
requirement shall be established by the presence of a mean high water line for the
applicable tributary, stream or other water body.
(2) A natural vegetative buffer, which is a minimum width of twenty-five (25) feet, shall
be maintained between development and all other jurisdictional wetlands not described
in the preceding paragraph. In cases where the minimum twenty -five-foot buffer is
01087844-2
Page 18 of 20
demonstrated to be unreasonable or impractical, an averaged twenty -five-foot
undisturbed buffer may be provided.
(d) Exceptions to the upland buffer requirements.
(1) Man-made canals and stormwater facilities are not considered wetlands, although in
some cases, man-made navigable canals connected to waters of the state are protected
under these provisions or by regulations of state or federal agencies. Man-made canals
and ponds clearly excavated in uplands are not considered wetlands and are exempt
from the wetland buffer regulations.
(2) Determinations of vested rights which may supersede the requirement for the fifty -foot
upland buffer shall be made on a case-by-case basis in accordance with the land ,
development regulations and applicable Florida law.
(3) Single-family lots of record platted prior to January 1, 2002, shall be exempt from the
fifty -foot wetland buffer requirement, but shall be subject to the twenty -five-foot
upland buffer requirement as described in preceding subsection (c)(2).
(4) Waivers from the requirement to provide and maintain an upland buffer may be
requested in accordance with subsection 24-46(d) of this chapter, and where such
waiver is approved, a berm or swale to retain and filter stormwater runoff from the lot
shall be created.
(5) Lots or portions of lots where a lawfully constructed bulkhead, retaining wall,
revetment, or the placement of rip -rap was in existence prior to the enactment of these
regulations shall be exempt from these buffer requirements.
(e) Maintenance and permitted activities within upland buffers. To protect water quality and
wetland functions, it is crucial to limit contamination, disturbance and clearing within
upland buffer areas. It is the intent of the city that required upland buffers shall be
maintained in a substantially natural and undisturbed state. With the exception of facilities
to provide public access for the recreational use of intracoastal related natural resources,
any disturbance or clearing of required upland buffers shall be in accordance with the
following provisions. Native vegetation removed or destroyed within the upland buffer is
a violation of this code, and the property owner shall be responsible for the restoration of
the upland buffer upon order of the code enforcement board special magistrate.
(1) The following activities are expressly prohibited in any required upland buffer:
a. Filling, dredging or soil compaction by heavy machinery;
b. Dumping of any kind including brush, tree and yard waste, weeds, lawn clippings,
animal or fish waste, litter and refuse of any type;
c. Removal of healthy native trees;
d. Clearing of any living native vegetation within the intertidal zone, which typically
includes marsh grasses and submerged aquatic vegetation;
e. Installation of sod, irrigation, non-native vegetation of any type or any type of plant
materials typically requiring the use of lawn pesticides and fertilizers or chemicals
of any kind.
(2) The following activities are permitted within a required upland buffer subject to
obtaining a buffer alteration permit from the city:
a. Removal of invasive vegetation following documented verification by the
designated administrative official.
b. Clearing of understory vegetation as defined by chapter 23 of the city's Municipal
Code of Ordinances, and any such clearing shall be approved by the city and if
01087844-2
Page 19 of 20
01087844-2
required, the appropriate state or federal agency prior to any form of clearing,
alteration or disturbance of the required upland buffer.
c. Minimum clearing of upland and wetland vegetation necessary to construct a
properly permitted dock or other improvement to provide lawfully entitled access
to navigable waters in accordance with a validly issued and unexpired permit from
the City of Atlantic Beach, the Florida Department of Environmental Protection,
the St. Johns River Water Management District, and other entity having
jurisdiction.
d. Activities for the owner or occupant's enjoyment including typical backyard
outdoor furniture, gazebos and screen structures not exceeding one hundred (100)
square feet in size without electrical or plumbing service, but not swimming pools,
spas or pool houses, and provided that all other conditions of this section are met.
Page 20 of 20