Ordinance No. 95-89-40 v ORDINANCE NO. 95-89-40
AN ORDINANCE ESTABLISHING A PUBLIC
NUISANCE CONTROL BOARD AND
PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF ATLANTIC BEACH,
FLORIDA
Section 1. Pursuant to Florida Statutes Sec. 893 . 138 , an
administrative board to be known as the Public Nuisance Control
Board is hereby created. The word "Board" when used in this
ordinance shall be construed to mean the said Public Nuisance
Control Board.
Section 2 . The Board shall consist of three members who
shall be appointed by the City Commission. The terms of office
of the members shall be for four years, except that two of the
members first appointed shall be designated to serve terms of two
and three years respectively from the date of appointment, and
one shall be designated to serve for a term of four years from
the date of appointment. Vacancies occurring during a term shall
be filled by the City Commission for the unexpired term.
The City Commission may remove a Board member at any time
for inefficiency or neglect of duty or misconduct in office.
However, prior to any final action on the removal of a Board
member, the City Commission shall have a hearing on the proposed
removal and shall furnish the Board member with a copy of the
charges at least ten days before such hearing. The Board member
shall have the right to be heard in person or by counsel at such
hearing.
Section 3 . The City Commission shall designate the
Chairman and Vice Chairman from among the Board members.
Section 4 . A certificate of the appointment or
reappointment of a Board member shall be filed with the City
Clerk and such certificate shall be conclusive evidence of the
due and proper appointment of such Board member. Each Board
member shall hold office until his successor has been appointed
and qualified.
Section 5. The members of the Board and the term of
office for each member shall be as follows:
Jack E. Brooks Four Years
J.C. Green Three Years
Rev. A. Lewis Neal Two Years
Section 6. The Chairman and Vice Chairman of the Board
shall be as follows:
Chairman
Vice Chairman
Section 7 . The Board shall hear complaints regarding
certain nuisances as described herein. Any place or premises
which have been used on more than two occasions as the site of
the unlawful sale or delivery of controlled substances may be
declared to be a public nuisance.
Any employee, officer or resident of the City may bring a
complaint before the Board after giving not less than three days '
written notice of such complaint to the owner of the place or
premises at his last known address.
The Board shall conduct a hearing during which the owner of
the premises shall have an opportunity to present evidence in his
defense. After considering any evidence, including evidence of
the general reputation of the place or premises, the Board may
declare the place or premises to be a public nuisance as
described herein.
If the Board declares a place or premises to be a public
nuisance, it may enter an order immediately prohibiting:
(a) The maintaining of the nuisance;
(b) The operating or maintaining of the place or premises;
or
(c) The conduct, operation or maintenance of any business
or activity on the premises which is conducive to such
nuisance.
Any such order entered shall expire after one year or at such
earlier time as stated in the order.
Section 8 . The Board may bring a complaint under Florida
Statutes Sec . 60 . 05 seeking a permanent injunction against any
nuisance described herein.
Section 9 . This ordinance does not restrict the right of
any person to proceed under Florida Statutes Sec. 60. 05 against
any public nuisance.
Section 10. All ordinances or parts of ordinances in
conflict herewith, be and the same are, to the extent that the
same may be in conflict, hereby repealed.
Section 11. This ordinance shall take effect immediately.
Passed on First reading this 22nd day of May ,
A. D. , 1989 .
Passed on Second and final reading this 12th day of
June A. D. , 1989 .
tA- C . / \W. I . Gulliford, Jr
Mayor-Commissioner to
ATTEST:
J/ Gz ,
T ;t_
Maurer, Ring, City Clerk)
Approved as to form and content:
/ 1 -47-1A„,i;,C,
aude L. Mullis, City Attorney