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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