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Ordinance No. 55-82-20 v ORDINANCE NO. 55-82-20 AN ORDINANCE AMENDING CHAPTER 13 OF THE CITY CODE OF THE CITY OF ATLANTIC BEACH, TO PROHIBIT CERTAIN ACTS, OCCURRENCES AND CONDITIONS WHICH CONSTITUTE A NUISANCE Section 1. Section 13.1 through 13.5 are deleted in their entirety and amended hereto. Section 13.1 It shall be unlawful for any person, natural or corporate, to do, perform, have, allow, suffer or permit any act, occurrence or condition within the City which constitutes a dangerous, unsafe, dilapidated or unsani- tary condition, which may be injurious to the health and well-being of the community. It is hereby declared to be a nuisance, the enumerations of which are merely indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to be exclusive: (a) For any person to cause or allow any animal carcus or any filth or substance to be collected, deposited, or to remain in any place to the detriment of public health. (b) For any person to throw, deposit or discharge into or suffer to be collected, deposited or remain in any street, alley or other public place, or in any house, building, premises, sewer, gutter, filth, garbage, noxious substance, or any waste paper, rags, or any rubbish of any kind. (c) For any person to allow, suffer, or permit any lot or premises common or place of any kind whatsoever to become neglected so as to become a detri- ment to public health by weeds growing thereon, or by depositing of rubbish of any kind which may be injurious to the health and well-being of the community. (d) 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 precautions to prevent the propogation of mosquitos therein. (e) For any person to keep, herd, and feed any animals, such as hogs, horses, chickens, rabbits and guinae pigs in any manner which may be injurious to the health and well being of any person due to noxious odors, noise, etc. (f) Any attraction which may prove detrimental to any human being, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements, excavations, abandoned refrigera- tors and motor vehicles, or any structurally unsound fences or structures, or any lumber, debris or vegetation, which may prove a hazard for inquisitive minors. (g) For any person, either as the owner or occupant of a building, structure, or property to utilize the premises of such property for the open storage of any ahandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, or similar items. (h) To allow, suffer or permit any building or structure which, by act of God, fire, decay or other cause which may become structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested to create a hazard to the health or safety of the occupants or the public. Section 2. Contents and service of notice to remove, suppress, or abate prohibited act, occurence or condition. (a) Whatever it is made to appear to the City Manager after investigation that any acts, occurrences or conditions prohibited by Section 13.1 have happened or exist within the City, the City Manager may, by order in writing, direct any nuisance effecting the sanitary condition of the City or the public health of the City to be abated. Such order shall be served upon the owner or occupant or person having the care or custody of the particular property involved, if he is found upon such premises or within the City, or shall be delivered by mail, Return Receipt Requested. In any case where such owner, occupant or custodian cannot be found within the City, after reasonable and diligent inquiry, and whereby the mail is unable to be delivered, such order shall be posted in a conspicuous place upon such premises. The order shall be worded in the manner similar to the following: "Our records indicate that you are the owner(s) and/or occupant(s) of the following property in the City of Atlantic Beach, Florida: (Description of property) Investigation of this property dis- closes and I have found and determined that a public nuisance exists thereon so as to constitute a violation of Section 13.1 of the Code of the City of Atlantic Beach, and that (description of the conditions which place the property in violation). You are hereby notified that unless the condition above described is remedied within fifteen (15) days from the date hereof, the City will remedy this condition at a cost of the work plus a charge equal to 100% of the cost of the work to cover City adminis- trative expenses, which will be assessed the property owner or occupant. If not paid within thirty (30) days after receipt of billing, the invoice amount plus advertising costs, will be posted as a lien on the property. Within fifteen (15) days from the date hereof, you may make written request to the City Commission of the City of Atlantic Beach for a hearing before that body, for the purpose of showing that the above listed condition does not constitute a public nuisance. City of Atlantic Beach City Manager (b) Within fifteen (15) days after the mailing, serving or posting of notice to him, the owner and/or occupant of the property may make written request to the City Commission for a hearing before that body to show that the condition does not constitute a public nuisance. At the hearing, the City and the property owner and/or occupant may introduce such evidence as deemed necessary. (c) If within fifteen (15) days after mailing, serving or posting of the notice, no hearing has been requested, and the condition described in the notice has not been remedied, the City Manager shall cause the condition to be remedied by the City at the expense of the property owner and/or occupant. If a hearing has been held and has concluded adversely to the property owner and/or occupant, the City Manager or his designee may cause the condition to be remedied by the City at the expense of the property owner and/or occupant unless the City Commission otherwise directs. (d) After causing the condition to be remedied, the City Manager or his designee shall certify to the Finance Administrator the expense incurred in remedying the condition, whereupon such expense plus a charge equal to 100% of the expense to cover City administrative expenses, plus advertising cost, shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property which shall be payable with interest at the rate of 8% per annum from the date of such certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of the City of Atlantic Beach and may be satisfied at any time by payment there- of including accrued interest. Notice of such lien may be filed in the office of the City Clerk. Section 3. Penalty for violation of chapter; abatment. (a) Any person who violates any provision of this chapter shall, on conviction, be fined not less than $50.00 and not more than $1,000.00. If any such person shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against such person, subjecting the offender to a like penalty as aforesaid. After the rendition of each fine, the continuance of such nuisance shall be deemed a new cause of action. Passed by the City Commission of First Reading February 22, 1982 Passed by the City Commission of Second Reading March 8, 1982 Passed by the City Commission of Third and Final Reading March 22, 1982 ATTEST: Adelaide R. Tucker, City Clerk (SEAL)