Ordinance No. 25-67-6 v 411, ORDINANCE 25-67-6
AN ORDINANCE DEFINING CERTAIN ACTS, OCCURRENCES,
OR CONDITIONS WHICH TEND TO CONSTITUTE PUBLIC
NUISANCES: PROVIDING FOR THE REMOVAL, SUPPRESSION
AND ABATEMENT THEREOF: PROVIDING THAT WHEN THE
OWNER OR OCCUPANT OF THE LAND INVOLVED, AFTER
NOTICE FROM THE CITY, FAILS TO REMOVE, SUPPRESS
OR ABATE SAME THAT THE CITY MAY TAKE SUCH ACTION
AS MAY BE NECESSARY TO REMOVE, SUPPRESS OR ABATE
THE SAME AND ASSESS THE COSTS OF SO DOING AS A
SPECIAL ASSESSMENT AGAINST THE PROPERTY INVOLVED:
AND PROVIDING PENALTIES FOR THE VIOLATION HEREOF.
WHEREAS, the hereinafter enumerated acts, occurrences or condi-
tions are of a character which if allowed to exist or be main-
tained within the City of Atlantic Beach, tend to the immediate
annoyance of the citizens in general, become injurious to the
public health and safety, or otherwise seriously impair the
comfort, convenience, happiness or general welfare of the
community to the extent of constituting a public nuisance which
is indictable and punishable as a misdemeanor, and also subject
to being condemned, removed, suppressed, or abated by the City
at the cost of the offending party to be enforced by the levy
and imposition of a special assessment lien in accordance with
express provisions of law, NOW THEREFORE,
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1 CERTAIN ACTS, OCCURRENCES OR CONDITIONS TENDING TO
CONSTITUTE PUBLIC NUISANCE PROHIBITED: It shall be unlawful for
any person, party or parties, natural or corporate, to do, per-
form, have, allow, suffer, or permit, any of the following acts,
occurrences or conditions within the limits of the City of
Atlantic Beach, the enumerations of which are merely indicative
of the nature and type of acts, occurrences or conditions sought
to be prohibited hereunder, and shall not be deemed to be exclu-
sive, to wit:
A. To allow, suffer, or permit any building or structure which
by act of God, fire, decay, or other cause, may become structurally
dangerous, unsafe, dilapidated or unsanitary to remain in such
dangerous, unsafe, dilapidated or unsanitary condition without
forthwith doing and performing all things necessary, to cause
such building or structure to be reconstructed, restored, torn
• down or removed, in conformity with applicable laws or regulations
of the City which may now, or hereafter, be applicable in respect
thereto.
Ordinance No. 25-67-6 Page #2
41111 B. To allow, suffer or permit any stagnant water to accumulate
or stand upon the surface of the ground or upon or within any
receptacle or structure deposited or erected either above or below
the ground, without exercising necessary precaution to prevent the
propagation of mosquitoes therein.
C. To neglect or fail to keep in stage of good repair any side-
walk, footway or foot pavement situated upon any public lands
lying immediately adjacent to the abutting private property by the
party owning, occupying or having the custody of such abutting
premises.
SECTION 2. NOTICE TO REMOVE, SUPPRESS OR ABATE PROHIBITED ACT,
OCCURRENCE OR CONDITION: Whenever it is made to appear to the City
Manager after investigation that any of the abovementioned
prohibited acts, occurrences or conditions, have happened, or
exist within the City, he shall forthwith prepare an estimate of
the total cost of removing, suppressing or abating said prohibited
act, occurrence, or condition, and cause to be served upon the
person, firm or corporation owning, occupying or having the care
or custody of any lot or parcel of land upon or in connection
with which such prohibited act, occurrence, or condition exists
or is maintained, a written notice to remove, suppress or abate
the prohibited act, occurence, or condition involved within 20
days after service of said notice as hereinafter provided, which
notice shall (1) describe the prohibited, act, occurrence, or
condition, in sufficient detail to plainly identify same, (2)
state the legal description of the property on which the same
exists or is maintained , (3) state the estimated total cost which
will in the opinion of the City Manager cover the total cost of
removing, suppressing or abating same, (4) the proportion of such
cost proposed to be borne by the City, if any, (5) the proportion
of such estimated amount which shall be borne by the owner or
occupant of the premises involved, (6) designated a time and
place conforming to the first regularly scheduled meeting follow-
ing expiration of such 20 day notice period at which the City
Commission shall meet to permit any owner, occupant of the
premises involved, or other interested person to present to the
City Commission any objections which he or they may have or assert
to either the removal, suppression or abatement of such prohibited
act, occurrence or condition, or to the assessment of the cost as
provided for in such notice, (7) state that unless such prohibited
act, occurrence, or condition has been effectively removed,
suppressed or abated on or before the time of such meeting, the
• City Commission may thereupon exercise its power to order the
same forthwith removed, suppressed or abated in such manner
as the City Commission may in its discretion determine and assess
the cost of so doing, or such proportion thereof as it may deem
Ordinance No. 25-67-6 Page #3
4110 equitable or just, against the owner or occupant of the premises
involved, provided such assessment shall in no event exceed the
proportion of the estimated amount set forth in aforementioned
notice to be borne by the owner or occupant of the premises
involved, and (8) state that any person owning or occupying any .
property so involved, or otherwise interested, who shall not at
such meeting present in writing to the City Commission his objec-
tions to the proposed removal, suppression or abatement or levy
of special assessment to finance and defray the cost thereof,
shall be deemed to have consented thereto; that such notice shall
be served upon the owner, occupant, or person having the care or
custody of the particular property involved, if he be found upon
said premises or within the City of Atlantic Beach, and in case
said owner, occupant or custodian cannot be found within the City
after reasonable and diligent inquiry, such notice shall be posted
in a conspicuous place upon said premises and a copy thereof
mailed to the last known address of such owner, occupant, or
person having the care or custody of the land involved.
SECTION 3. TO ENFORCE REMOVAL, SUPPRESSION OR ABATEMENT OR
PROHIBITED ACT, OCCURRENCE, OR CONDITION. If at the time of the
meeting specified in the aforementioned notice the prohibited
act, occurrence or condition has not been removed, suppressed
or abated, the City Commission after considering any written
objections which may have been filed and accorded a full hearing
to the owner, occupant, or other interested persons, thereupon,
determine and declare the necessity and propriety of enforcing
the removal, suppression or abatement of the prohibited act,
occurrence or condition referred to in said notice, or revise,
modify or abandon the proposed action set forth in the aforesaid
notice, in such manner as the City Commission in the exercise of
its discretion, may deem the circumstances warrant, but no such
determination, revision or modification shall increase the amount
set forth in the aforesaid notice to be specially assessed against
the owner or occupant of the property involved.
SECTION 4. LEVY OF SPECIAL ASSESSMENT LIEN AGAINST PROPERTY TO
FINANCE AND DEFRAY COST OF WORK: The City Commission shall, as
soon as practicable and within thirty (30) days after the com-
pletion of any such work as hereinabove authorized, ascertain and
determine the actual cost thereof and the respective portions to
be borne by the City, if any, and the owners or occupants of the
property involved and thereupon, by resolution, fix, levy and
impose a special assessment against the property involved at an
411/1 amount not exceeding either the actual cost of the work, or the
estimated special assessment stated in the notice, which said
notice shall specify (1) description of the work performed, (2)
date of completion, (3) total cost, (4) the proportion of such
Ordinance No. 25-67-6 Page 44
cost to be financed and defrayed by special assessment, (5) the
unit or basis for distribution the amount to be specially
assessed among the several parcels of property where more than
one parcel is liable for assessment, (6) the fact that a lien
has been assessed by the City with a complete schedule or break-
down of the specific amount of special assessment levied and
imposed against and upon each respective particular parcel of
property involved, showing in detail the description of the
property, name of owner and amount of assessment as severally
and respectively levied and imposed, (7) that such liens shall
bear interest at rate of 8% per annum unless paid within thirty
(30) days after publication of such resolution, (8) that City
Clerk shall forthwith have prepared and entered in a lien book
maintained in his office as an official record, the amount of
such lien assessed against each parcel of property, the date of
completion of such work and such other information as may be
deemed appropriate, (9) that the City Clerk cause said resolution
to be published by posting, or publication in a newspaper, as
required by law, (10) that the City shall have, assert and possess
a lien, superior to all other claims, except taxes, against and
upon the property as therein described for the respective amounts
of such special assessments as indicated above, together with
interest and costs of collection, and (11) commanding the City
Treasurer to enforce collection thereof.
SECTION 5. PENALTY FOR VIOLATION. In addition to the remedy
hereinabove provided for the removal, suppression or abatement
of the prohibited acts, occurrences or conditions, any person,
firm or in the case of a corporation, the officers thereof, who
after service of notice as provided by Section 2 hereof, is
convicted in Municipal Court of violating any of the provisions
of Section 1 hereof, shall be punished by fine not to exceed
$100.00, or by imprisonment not to exceed 30 days, or by both
such fine and imprisonment in the discretion of the Municipal
Judge.
SECTION 6. Any ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 7 . This ordinance shall be and become effective on
final reading.
* * * * *
Passed by the City Commission on first reading October 9, 1967.
. Passed by the City Commission on second and final reading on
October 23, 1957 .
Attest:
(SEAL) Adele S. Grage, City Cl-rk
4. , . .
416
This is to certify that the above orrilnanoti AS— 6 7-
was posted / .0 : 4 Hall following its final
passage on
ack_e_,Q_e g.
Adele S. Grage,, City. Cl