086 vo
ORDINTNCE NO . 810
AN ORDINANCE Providing for the Determination and
Abatement of Nuisances caused by the uncontrolled
growth of grasses, weeds, and underbrush, and the
accumulation of trash and debris, within the corporate
limits of the Town of Atlantic Beach, Florida; and
providing that if the owner of any premises upon
which said nuisance exists fails, neglects or
refuses to abate the same after notice so to do,
said Town may cause the same to be done and that
the actual expense thereof shall be a special tax
and lien upon the premises for the work so done;
providing penalty for violations of this Ordinance;
and repealing Ordinance No . 15-B, being an Ordinance
entitled : AN ORDINANCE Providing for the Determina-
tion and Abatement of Nuisances Created by the
Uncontrolled Growth of Grasses, Weeds, and Underbrush,
and the Accumulation of Trash and Debris, .Within the
Corporate Limits of the Town of Atlantic Beach, Florida;
and Prescribing Certain Penalties for the Violation
Thereof;
BE IT ORDAINED BY THE LAYOR AND TOWN COUNCIL OF
THE TOWN OF ATLANTIC BEACH, FLORIDA.:
Section 1: Whenever the Town Council of the Town
of atlantic Beach, Florida, finds and determines and by reso-
lution so declares, that the growth of weeds, grasses and
underbrush or the accumulation of trash and debris or any
one or more thereof or any combination of the same, upon
any property within the Corporate Limits of said Town, amounts
to and constitutes a nuisance endangering the health, safety
and welfare of the community, it may in said resolution direct
the Town Clerk to forthwith notify the owner of the premises
upon which said nuisance exists to abate such nuisance within
a reasonable time to be fixed in said resolution and stated in
said notice .
Section 2: Such notice shall be served upon such
owner by delivering the same to him personally or sending same
to him at his last known address by registered mail. If the
owner of such premises and his address is unknown, then such
notice shall be given by posting the same in a conspicuous
place upon said premises .
Section 3: If the owner of any such premises shall
neglect, fail or refuse, after notice as herein provided, to
abate such nuisance within the time fixed in said notice, the
Town supervisor shall have said condition remedied and said
nuisance abated and the actual expense thereof shall be a
special tax and a lien upon the premises for the work so done
thereupon and the Town Clerk shall have prepared a statement
of the cost thereof and have entered 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 "Lot gleaning Lien Book", the amount of such
cost, the date of completion of the work, a description of the
property upon which the lien is claimed and such other informa-
tion as the Town Clerk may deem advisable ; Provided, however,
that as soon as practicable after such entries have been made
in the Lot Cleaning Lien Book, the Town Clerk shall give notice of
the completion of such work and the fact that such liens have been
entered in the Lot .;leaning Lien Book to the owner of such
property, which notice shall be given by delivering the same
to said owner or by sending it to him at his last known address
by registered mail and by posting the same in a conspicuous
place upon said property. In any case where the name or address
of said owner are unknown, the posting of such notice as afore-
said shall be sufficient. - ny person owning all or any interest
in said 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 stating his interest in the property
and alleging that in his opinion the cost of such work as
entered in the Lot Cleaning 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 said 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 Lot Cleaning
Lien Book corrected and shall fix the amount to be charged up
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 within thirty aays after the giving
of said notice, the cost of such work as entered up in the
Lot Cleaning Lien Book shall become and be a fixed lien on
the property superior to all other liens except liens for taxes,
paving and sidewalks.
Said lien may be paid within ninety gays after the
giving of said notice without interest and thereafter the amount
sqixed, together with interest at the rate of 4141(0 per centum
per annum and the cost of collection shall be a lien against
said property and shall be collected in the same manner as is
or may be provided by law for the enforcement of other taxes
levied upon said property.
Section 4: Any person who fails, neglects or
refuses to abate such nuisance after notice as herein provided
shall, upon conviction thereof, be fined in a sum not to exceed
4 10
0( .
for each separate offense and each day after the
expiration of the time fixed in said notice for the abatement
of such nuisance during which any person shall fail, refuse
or neglect to abate the same, shall be deemed a se_aarate offense . .
Section 5 : The provisions of Sections 3 and 4
hereof shall be cumulative .
Section 6 : Ordinance No . 15-B, being an Ordinance
entitled :
A71 ORDINANCE Providing for the Determination and
Abatement of Nuisances Created by the Uncontrolled
Growth of Grasses, Weeds, and Underbrush, and the
Accumulation of Trash and Debris, Within the
Corporate Limits of the Town of Atlantic Beach,
Florida; and Prescribing Certain Penalties for
the Violation Thereof,
is hereby repealed.
Passed by The Town Council on first reading on
7 , 1946 ; passed by the Town Council on second
reading 7 , 1946 ; passed by the Town Council
on third and final reading14-71 %" , 1946 ; and
Certified to the Layor 1/- , 1946.
ct..„2„2„,_ a
Town Clerk
APPROVED i 7 1946
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