Ordinance No. 95-80-21 v ORDINANCE NO. 95-80-21
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
ATLANTIC BEACH, FLORIDA, CREATING THE CODES ENFORCE-
MENT BOARD OF THE CITY: DESCRIBING QUALIFICATIONS AND
TERMS OF MEMBERS, AND THE JURISDICTION, POWERS AND
PROCEDURES OF THE BOARD; PROVIDING NOTICE AND HEARING
PROCEDURES; PROVIDING FOR PENALTIES WHERE VIOLATIONS
ARE FOUND TO EXIST; FURTHER PROVIDING FOR AN APPEAL
BY WRIT OF CERTIORARI TO CIRCUIT COURT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
SECTION 1: Title. This ordinance may be known and cited as the "Codes
Enforcement Ordinance of the City of Atlantic Beach, Florida."
SECTION 2: Codes Enforcement Board created; membership; terms.
There is hereby created a Codes Enforcement Board of the City of Atlantic
Beach, Florida, which shall consist of six members to be appointed by the
Mayor and approved by the City Commission. All members of the Board shall
be residents of the City and shall serve without compensation.
The membership of the Codes Enforcement Board shall whenever possible consist
of experts in the following fields:
1. Architect.
2. A business man.
3. An engineer.
4. A general contractor.
5. A registered real estate broker
6. A sub contractor
Any member may be reappointed from term to term upon approval of the City
Commission.
The initial appointments to the Codes Enforcement Board shall be as follows:
1. Two (2) members shall be appointed for a term of one (1)
year.
2. Two (2) members shall be appointed for a term of two (2)
years.
3. Two (2) members shall be appointed for a term of three (3)
years.
Thereafter, each term shall be for a period of three (3) years.
Members of the Codes Enforcement Board may be removed from office by the City
Commission for cause upon written charges and after public hearing. Any member
who fails to attend two (2) out of three (3) consecutive meetings without
cause and without prior approval of the chairman of the Codes Enforcement Board
shall automatically forfeit his appointment and the City Commission shall
promptly fill such vacancy. Vacancies shall be filled by appointment by the
Mayor and approval of the City Commission for the unexpired term(s) affected.
At the first meeting of the Codes Enforcement Board, the members of the Board
shall elect a chairman and a vice-chairman to preside in the absence of the
chairman. The presence of four (4) or more members shall constitute a quorum
of the Codes Enforcement Board necessary to take action. Meetings of the Board
shall occur no less frequently than once every two (2) months, but the Board
may meet more often as necessary.
Special meetings of the Board may be convened by the chairman upon the giving of
• notice thereof to each other member of the Board. Unless waived by a majority
of the Board, notice of a special meeting shall be given at least twenty-four
(24) hours prior thereto.
Minutes shall be maintained of ,all hearings held by the Codes Enforcement
Board, and all hearings shall be open to the public. The City Commission
shall provide clerical and administrative personnel as may be reasonably
required by the Board for the proper performance of its duties. An attorney
shall be appointed by the City Commission to attend all meetings of the Board
and to assist the Board in the conduct of its hearings. An attorney employed
in the Law Department of the City, or appointed by the City Commission for
such purpose, shall present all cases to the Board.
SECTION 3: Jurisdiction. The Codes Enforcement Board shall have the
jurisdiction and authority to hear and decide alleged violations of the follow-
ing codes and ordinances of the City:
1. Animals and Fowl (Chapter 4 of the Code of the City of
Atlantic Beach)
2. Buildings and Building Code (Chapter 6 of the Code of
the City of Atlantic Beach)
3. National Electrical Code (Chapter 7 of the Code of the
City of Atlantic Beach)
4. Fire Prevention Code (Chapter 9 of the Code of the City
of Atlantic Beach)
5. Flood Prevention and Control (Chapter 9.1 of the Code
of the City of Atlantic Beach)
6. Licenses and Business Regulation (Chapter 10 of the Code
of the City of Atlantic Beach)
7. Noise Code (Chapter 12 of the Code of the City of Atlantic
Beach)
8. Nuisance Code (Chapter 13 of the Code of the City of
Atlantic Beach)
9. Plumbing Code (Chapter 17 of the Code of the City of
Atlantic Beach)
10. Refuse, Garbage and Weed Code (Chapter 18 of the Code
of the City of Atlantic Beach)
11. Sewers and Sewage Disposal (Chapter 19 of the Code of
the City of Atlantic Beach)
12. Signs and Advertising Structures Code (Chapter 20 of the
Code of the City of Atlantic Beach)
13. Solicitation Code (Chapter 21 of the Code of the City
of Atlantic Beach)
14. Swimming Pool Code (Chapter 24 of the Code of the City of
Atlantic Beach)
15. Trailers and Trailer Parks Code (Chapter 26 of the Code of
the City of Atlantic Beach)
16. Tree Code (Chapter 26.1 of the Code of the City of Atlantic
Beach)
17. Zoning Code (Chapter 28 of the Code of the City of Atlantic
Beach)
The jurisdiction of the Codes Enforcement Board shall not be exclusive. Any
alleged violation of any of the aforesaid codes and ordinances may be pursued
by appropriate remedy in court at the option of the administrative official
whose responsibility it is to enforce that respective code or ordinance.
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SECTION 4: Procedure; hearings. An alleged violation of any of the aforesaid
codes or ordinances shall be filed with the Board by the administrative official
whose responsibility it is to enforce that respective code or ordinance. If a
violation of a code or ordinance is believed to exist, the official shall notify
the violator(s) (respondents(s)) and give said respondent(s) a reasonable time
to correct the violation. Should the violation continue beyond the time
specified for correction, the administrative official shall recite to the Board
the name(s) and address(es) of the respondent(s) , the Code provision involved
and a short factual statement for the belief that a violation exists. The
Codes Enforcement Board may then order that a hearing be held at a subsequent
meeting of the Board, and shall give notice thereof to the respondent(s) by
certified mail, return receipt requested, or by personal service.
At the hearing the burden of proof shall be upon the administrative official
to show to a preponderance of the evidence that a violation does exist. Assuming
proper notice of the hearing has been provided to the respondent as provided
herein, a hearing may proceed in the absence of the respondent. All testimony
shall be under oath and shall be recorded. The formal rules of evidence shall
not apply. Irrelevant, immaterial or unduly repetitious evidence shall be
excluded, but all other evidence of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs shall be admissible, whether or
not such evidence would be admissible in a trial in the courts of Florida. Any
part of the evidence may be received in written form.
Any member of the Board, or the attorney appointed to represent the Board,
may inquire of any witness before the Board. The alleged violator, or his
attorney, and the attorney representing the Codes Inspector shall be permitted
to inquire of any witness before the Board.
At the conclusion of the hearing, the Codes Enforcement Board shall issue findings
of fact and conclusions of law, and shall issue an order affording the proper
relief consistent with the powers granted herein. The order shall be stated
orally at the meeting, and shall be reduced to writing and mailed to the alleged
violator within ten (10) days after the hearing. The finding shall be by motion
approved by the affirmative vote of at least three (3) members.
SECTION 5: Powers. The Codes Enforcement Board shall have the power to:
1. Adopt rules for the conduct of its meetings and hearings.
2. Serve respondents and subpoena witnesses to hearings.
3. Subpoena records, surveys, plats and other documentary
materials.
4. Take testimony under oath.
5. Issue orders having the force and effect of law which can
command whatever steps are necessary to bring a violation
into compliance, said decision to be made at the hearing
and reduced to writing and mailed to the respondent(s)
within ten (10) days thereafter.
6. Establish fines pursuant to Section 6 herein.
SECTION 6: Penalties. The Codes Enforcement Board may order a respondent to
pay a fine not to exceed Five Hundred Dollars ($500) per day that any violation
continues past the date set for compliance in the order of the Board issued
after the hearing. A certified copy of an order for a fine may be recorded in
the public records of the office of the Clerk of the Circuit Court in and for
Duval County, Florida, and once recorded, shall constitute a lien against the
land on which the violation exists. No lien shall exceed Five Thousand Dollars
($5,000) in total principal amount, although accrued interest may accumulate above
said amount.
After one (1) year from the filing of any such lien which remains unpaid, the City
may foreclose the lien in the same manner as mortgage liens are foreclosed. Such
• lien shall be superior to all other liens except a lien for taxes, and shall
bear interest at the rate of ten percent (10%) per annum from the date filed.
SECTION 7: Appeal. Any aggrieved party may appeal a ruling or order of the
Codes Enforcement Board by certiorari proceedings filed in the Circuit Court
of Duval County, Florida. The petition for Writ of Certiorari must be filed
within thirty (30) days after the hearing at which the order was announced.
The scope of review shall be limited to the record made before the Board and
shall not be a trial de novo. The Board shall by rule establish reasonable
charges for the preparation of the record to be paid by the petitioner.
SECTION 8: All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 9: Should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of
the remainder hereof as a whole or part thereof other than the part declared
to be invalid.
SECTION 10: This ordinance shall take effect immediately upon passage.
* * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading November 10, 1980
Passed by the City Commission on Second Reading November 24, 1980
Passed by the City Commission on Third and Final Reading December 8, 1980 .
ATTEST:
(SEAL)
Adelaide R. Tucker, City Clerk
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