Ordinance No. 5-96-27 v ORDINANCE NO. 5-96-27
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE V, BOARDS AND
COMMISSIONS, DIVISION 2, CODE ENFORCEMENT BOARD, BY
AMENDING SECS. 2-146 (a) , JURISDICTION, 2-147, PROCEDURE;
HEARINGS, 2-148, POWERS, 2-149, PENALTIES; LIEN, 2-150,
DURATION OF LIEN, AND 2-151, APPEAL, TO CONFORM TO THE
APPLICABLE PROVISIONS OF CHAPTER 162, FLORIDA STATUTES,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Secs. 2-146 (a) and 2-147 through 2-151 currently
provide the jurisdiction, procedures for hearings, powers,
penalties, duration of lien, and appeals applicable to proceedings
of the Code Enforcement Board, and
WHEREAS, Chapter 162 , Florida Statutes, sets forth the
prevailing state law regarding these matters to be considered by
the Code Enforcement Board, and
WHEREAS, the City Commission of Atlantic Beach desires to
conform these ordinances to state statute and finds that the
restriction of two (2) years to foreclose on a Code Enforcement
Board lien currently set forth in Sec. 2-150 was either by mistake
or clerical error and that therefore this correction of the statute
of limitations to twenty (20) years as provided by state statute
should apply retroactively.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECTION 1. Secs. 2-146 (a) , 2-147 , 2-148, 2-149, 2-150, and
2-151 of the Code of Ordinances of the City of Atlantic Beach,
Florida, are 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;
(2) Building codes as adopted by the city;
(3) Standard housing code as adopted by the city;
(4) State of Florida health code;
(5) Florida state statutes; and
(6) State, county and local laws and ordinances
whose intent is to promote the health, welfare
and safety of the citizens of the city.
Sec. 2-147. Procedure; hearings.
Enforcement procedure and conduct of hearings shall
be as set forth in Florida Statutes §162 . 06 and §162 . 07 .
Sec. 2-148. Powers.
The code enforcement board shall have the powers as
set forth in Florida Statutes §162 . 08 .
Sec. 2-149. Penalties; lien.
Penalties and liens shall be as set forth in Florida
Statutes §162 . 09 .
Sec. 2-150. Duration of lien.
Duration of liens and foreclosure proceedings shall
be as set forth in Florida Statutes §162 . 10. This
provision shall apply to all code enforcement board liens
whether imposed and/or recorded prior to or subsequent to
the enactment of this ordinance.
Sec. 2-151. Appeal.
Appeals shall be as set forth in Florida Statutes
§162 . 11. "
SECTION 2 . This Ordinance shall take effect immediately upon
its final passage and adoption.
PASS D by the City Commission on first reading this %/ tk
day of /3
PAST
, 1996.
PASSED by 'e City Commission on second and final reading this
S EtI
Et day of 6,-, -t L/`; , 1996 .
ATTEST: .0110,_
t, ,,,,„4„. 1,1 , , ,„, ,,--
MAU EN KING IX 'N T. FLETCHER
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
*fr
LAN JENS N, ESQUIRE
City torney