085 vORDINANCE NO . 0
AN ORDINANCE Requiring that every house, building,
structure, shack, tent, trailer, or other place used
as living or sleeping quarters in the Town of Atlantic
Beach, Duval County, Florida, be provided with facilities
for the disposal of excreta of a type approved by the
regulations of the State Boardiif884, } n8;
Florida
and constructed and maintained4,win sa n regulations, and
the Sanitary Code of the State of Florida; and requiring
that where any building or structure or other place in
the Town of Atlantic Beach, Duval County, Florida, is
provided with facilities for the disposal of excreta,
such facilities shall be of a type approved by said
regulations and constructed in accordance with said
Code ; prohibiting the use and occupancy as living or
sleeping quarters of any house, building, structure,
shack, tent, trailer or other place in said Town unless
same are provided with facilities for the disposal of
excreta of the type aforesaid and constructed and
maintained in accordance with said Regulation and said
Sanitary Code ; providing that the health Officer of
said Town, upon finding that any premises in said Town
are not provided with facilities as required by this
Ordinance, or that such facilities are not maintained
as required hereby, or that such premises are in an
unsanitary condition so as to be dangerous or detri-
mental to health or the welfare of persons residing on
such premises or being in the vicinity thereof, may by
notice to the owner, agent of the owner or other person
in charge of such premises, require that facilities be
provided or repaired to conform to the requirements of
this Crdinance or that such unsanitary condition be
removed within the time to be fixed by him in said
notice, and providing the manner in which said notice
shall be given, and providing the said Health Officer
may, if by him deemed necessary, require the occupants
of such premises to remove therefrom within forty-eight
hours after being notified so to do ; and providing that
if the owner of any such premises shall fail to remedy
the defect in said facilities or to remedy the said
unsanitary condition within the time required by said
notice, the Town Council may direct the Town Supervisor
to cause the same to be done and that the actual expense
thereof shall be a special tax and a lien upon the
premises for the work so done thereon; and providing
penalties for violation of this Ordinance; and repealing
Ordinance No . 71, being an Ordinance entitled:
AN ORDINANCE Providing for the Declaration and Abatement
of Nuisances of Certain (A) Defective Septic Tanks and
B) Containers in the Town of Atlantic Beach, Duval
County, Florida; and Imposing in This Behalf Certain
Penalties; and all other Ordinances or parts of
Ordinances inconsistent herewith.
BE IT ORDAINED BY THE I4IAYOR AND THE TOWN COUNCIL
OF THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA:
Section 1: Every house, building, structure, shack,
tent, trailer, or other place used as living or sleeping quarters
in the Town of Atlantic 3each, Jiuval County, Florida, shall be
provided with facilities for the disposal of excreta, which
facilities shall be of a type approved by regulations of the
State Board of Health and constructed in accordance with such
regulations and the Sanitary Code of the State of Florida.
Every facility provided for the disposal of excreta in any
building, structure or other place in the Town of Ittlantic
Beach, Duval County, Florida, not used as livin:7 or sleeping
quarters, shall be of a type approved by said regulations
and constructed and maintained in accordance therewith and
with said Sanitary Code ; Provided, however, that no pit privy
shall be permitted in the Town except in the unrestricted zone
as shown by Ordinance iao. 50, known as the Zoning Ordinance,
and the Zoning hap attached thereto.
Section 2:No house , building, str .cture, shack,
tent, trailer or other place in said Town shall be used or
occupied as sleeping or living quarters unless and until
facilities for the disposal of excreta are provided and main-
tained in accordance with the provisions of Section 1 hereof.
Section 3: It shall be the duty of the Health
Officer of the said Town to inspect any and all houses ,
buildings, structures, shacks, tents, trailers or other places
and all premises used or occupied as living or sleeping quarters
in said Town or in connection with which facilities for the
disposal of excreta are provided to ascertain and determine
whether facilities of the type required by this Ordinance are
provided and maintained as required hereby, and whether said
places or premises are in an unsanitary condition so as to be
uan. erous or detrimental to the health of persons residing on
or being in the vicinity thereof, and upon finding any of the
same to be in such unsanitary condition or that any of the same
are not provided with facilities for the disposal of excreta of
the type required by this Ordinance , or that such facilities are
not maintained in the manner required hereby, he shall immediately
notify the owner, agent of the owner or other person having charge
or control of such house, building, structure, shack, tent,trailer
or other place or premises, to place the same forthwith in a
sanitary condition, or to provide such facilities assre required
by this Ordinance or to remedy any defective and unsafe cdliktion
therein, and complete the same within a reasonable tim)to be
named in said notice ; and if the Health Officer deems necessary,
he may, by such notice, forbid the owner, agent of the owner or
other person in charge of such premises to use, permit or suffer
the use of such improper or defective facilities and if such
premises are used as living or sleeping quarters to let any
person into the possession thereof while in such condition
except for the purposes of inspection and the making; of such
repairs or the doing of such work as found by him necessary
to remedy such unsanitary condition or to make such premises
conform to the requirements of this Ordinance, and the said
Health Officer may, if by him deemed necessary, require the
occupants of such premises to remove therefrom within forty-
eight hours after being, notified so to do . Upon receiving
such notice the owner, agent of the owner or other person
having charge or control of such premises, and such occupant,
shall be required to comply with the requirements thereof
within the time specified therein; Provided, that if within
said forty-eight hours said premises shall be placed in a
condition satisfactory to the Health Officer, such action
shall be accepted in lieu of compliance with the order to
remove.
Section 4: The notice herein provided to be given
by the Health Officer shall be given by delivering the same
to/the person to whom it is directed or by sending same to
such person by registered mail where the name and address of
such person is known to the Health Officer; and in cases
where the owner and agent of the owner or the address of
either are not known to the Health Officer and no person is
known to him to have charge or control of said property, or
the address of such person is unknown, the Health Officer shall
cause a copy of the said notice to be posted in a conspicuous
place on the premises. If the owner of any such premises shall
neglect, fail or refuse, after notice as herein provided, to
remedy such unsanitary condition or to make such repairs or
install such facilities as may be necessary under the require-
ments of this Ordinance, within the time fixed in said notice,
the Town Council may direct
the Town Supervisor to, and he shall thereupon, have all or any ;
of said conditions remedied and the actual expense thereo Shall
be a special tax and a lien upon the premises for the work done
thereon, and the Town Clerk shall have prepared a statement of
the cost thereof and have entered up in a book which shall be
prepared and kept for that purpose and kept open for public
inspection during reasonable office hours in the Town hall of
said Town, labeled "Sanitary Lien Book", the amount of such
cost, the date of completion, a description of the property upon
which the lien is claimed and such other information as the said
Clerk may deem advisable : Provided, however, that as soon as
practicable after said entries shall have been made in the
Sanitary Lien Book the Town Clerk shall send a notice to such
owner of the completion of such work and the fact that said
liens have been entered in the Sanitary Lien Book by registered
mail to the last address known to her of said owner, and shall
also cause a copy of said notice to be posted in a conspicuous
place upon said property. Any person owning all or any interest
in such property shall have the right at any time within thirty
days after the giving of such notice to present to the Town
Council a sworn petition statins his interest in the property
and alleging that in the opinion of the petitioner the cost of
such work as entered in the Sanitary Lien Book exceeds the
actual cost thereof or is otherwise erroneously entered up. If
such petition is presented within such time the Town Council
shall hear and consider the same and make due and proper
inquiry into the questions involved, and if it shall appear,
to the satisfaction of the Council, that the cost as entered up
is erroneously stated as entered up, then said Council shall
by resolution so declare and shall have the entry thereof in
the Sanitary Lien Book corrected and shall fix the amount to
be charged against such property as may be just and proper,
and the amount so fixed shall stand as the amount of such lien.
In all cases where no objection shall have been
filed as herein provided and within the time as herein provided,
the cost of such work as entered up in the Sanitary Lien Book
shall become and be a fixed lien on such yroperty superior to
all other liens except liens ibr taxes, paving and sidewalks.
Said lien may be paid within ninety days after date
of the giving of said notice without interest and thereafter
the amount so fixed, together with interest at the rate of
twelve per centum per annum and cost of collection shall be a
lien against said property and shall be collected in the same
manner as is provided by law for enforcement of other taxes
levied upon such premises.
Section 5 : Any person violating any of the provisions
of this Ordinance shall upon conviction thereof be fined in the
u
sum not to exceed 401,5-_, for each separate offense and each
day after the expiration of the notice of the Health Officer
during which any person shall fail, refuse or neglect to comply
with said notice shall be deemed a separate violation.
Section 6 : The provisions of Sections 4 and 5
shall be cumulative .
Section 7 : Ordinance No. 71, being an Ordinance
entitled:
AN ORDINANCE Providing for the Declaration and
Abatement as Nuisances of Certain (A) Defective
Septic Tanks and (B) Containers in the Town of
Atlantic Beach, Duval County, Florida; and
Imposing in This Behalf Certain Penalties,
and all other Ordinances or parts of Ordinances inconsistent
herewith are hereby repealed.
Passed by The Town Council on first reading on
lYj UL l946 ; passed by the Town Council on second
reading 1946 ; passed by the Town Council
on third and final reading
17 ,' 7 1946; and
certified t o the Mayor ''')2 7 1946 .
Town Clerk
APPROVED /717 , 1946
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