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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