Ordinance No. 95-85-26 v ORDINANCE NO. 95-85-26
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF
ATLANTIC BEACH; AMENDING SECTION 2-141 TO PROVIDE MEMBERSHIP
AND INITIAL TERMS; AMENDING SECTION 2-142 TO PROVIDE THE
CHAIRMAN MAY DECLARE AN OFFICE VACANT FOR A MEMBER MISSING
TWO (2) OUT OF THREE (3) CONSECUTIVE MEETINGS; AMENDING
SECTION 2-146 PROVIDING FOR THE JURISDICTION OF THE CODE
ENFORCEMENT BOARD; AMENDING SECTION 2-149 PROVIDING PENALTIES
AND LIENS; AMENDING SECTION 2-151 PROVIDING AN APPEAL PROCESS;
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA:
Section 2-141 Code Enforcement Board created; membership; terms.
(a) There is hereby created a Codes Enforcement Board of the City of Atlantic
Beach, Florida, which shall consist of seven 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.
(b) The membership of the Codes Enforcement Board shall, whenever possible,
circz -is-t•-of- experts include persons in the following fields:
1. Architect.
2. A business man.
3. An engineer.
4. A general contractor.
5. k rcgigt-ercd rcal--e& a- e- rokcr. A Realtor.
6. A sub contractor
7. A person with zoning and building experience.
(c) The initial appointments to the Code Enforcement Board shall be as
follows:
1. Two (2) members shall be appointed for a term of one (1)
year.
2. Three (3) 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.
(d) Any member may be reappointed from term to term upon approval of the
City Commission.
Section 2-142. Removal; filling vacancies.
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 Cedes
Ea€e*eemeat Board, shall automatically-forfeit-his-appointment have his
office declared vacant, 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.
Section 2-146. Jurisdiction.
(a) The Code Enforcement Board shall have the jurisdiction and authority to
hear and decide alleged violations of the following codes and ordinances of
the city:
1. Animals and Fowl (Chapter 4 of the Code)
2. Buildings and Building Regulations (Chapter 6 of the Code)
3. National Electrical Code (Chapter 6 of the Code)
4. Fire Prevention Code (Chapter 7 of the Code)
5. Flood Hazard Districts (chapter 8 of the Code)
6. Licenses and Business Regulation (Chapter 20 of the Code)
7. Mobile Homes and Recreational Vehicles (Chapter 10 of the
Code)
8. Noise Code (Chapter 11 of the Code)
8. Nuisance Code (Chapter 12 of the Code)
9. Plumbing Code (Chapter 6 of the Code)
10. Refuse and Garbage (Chapter 16 of the Code)
11. Signs and Advertising Structures (Chapter 17 of the Code)
12. Solicitation (Chapter 18 of the Code)
13. Swimming Pool (Chapter 6-91 of the Code)
14. Trailers and Trailer Parks (Chapter 10 of the Code)
15. Trees (Chapter 23, Article II of the Code)
16. Wastewater System (Chapter 22, Article III of the Code)
17. Weeds, Accumulation of (Chapter 23, Article III of the Code)
18. Zoning and Subdivision Regulations (Chapter 24 of the Code)
(b) The jurisdiction of the Codes Enforcement Board shall not be exclusive.
Any alleged violation of any of the provisions in subsection (a) 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 2-149. Penalties; Lien.
•
(a) The Codes Enforcement Board may order a respondent to pay a fine not to
exceed Two Hundred fifty ($250) 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, or, if the violator does not own the land, upon any
other real or personal property owned by the violator; and it may be enforced
in the same manner as a court judgment by the sheriffs of this state,
including levy against the personal property. No lien shall exceed Five
Thousand Dollars ($5,000) in total principal amount, altheugH-aeertred-
tnturest-malaaee5imtlaie-aHeve-$aid-ameeau-
(b) After one (1) year from the filing of any such lien which remains unpaid,
the-e€ty-may-€eTeelese-the-lien-ia-the-se e-faaae•f-ae- ►e gage-hens-ae-
€eeeee9ed- the enforcement Board may authorize the City Attorney to
foreclose on the lien. £eeh-14ea-shall-be-espe4e+.-4e-a •1-ethe -hens-exeept-
a-e€ea-€et-eeies;-and-44$14-ben--ea.teees+-$e-the- ate-e€-sea-peteeat-449+0-
peT-aaaem-€TeH--he-date-€44- d-.-
Section 2-151. Appeal.
Any aggrieved party, including the local governing body, may appeal al•iag-
er-erdee final order of the Codes Enforcement Board by to ee• -t4 ac4-
• p ee.eed4ags-444e4-4 the Circuit Court of Duval County, Florida, within
thirty (30) days of the execution of the order to be appealed. 4be-
pct4+4e 4e-r- •-t-t94 4.4 3 s4-4e-444 sa s- 4 -430)-da37s-a-€..-
-tkie-HeaT4i-g- - 4e r-t-he-er4ems was e+ ee4, 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 2. This Ordinance shall take effect immediately upon passage.
* * is * * * * k * * * S: * * * * * * * * *
Passed by the City Commission on First Reading February 11, 1985 •
Passed by the City Commission on Second and Final Reading February 25, 1985.
7‘4,4074041 ///
Wi iam S. Howell
Mayor/Presiding Officer
ATTEST:
Adelaide R. Tucker,City Clerk
Approved as to form
and stness:
-.nude L. Mullis,Ci • ey
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