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117 vl 9 ORDINANCE NO. /1 7 AN ORDINANCE REQUIRING EVERY OWNER OF EVERY LOT, PIECE OR PARCEL OF LAND WHICH MAY FRONT OR ABUT UPON THE OFFICIAL BULKHEAD LINE IN THE TOWN OF ATLANTIC BEACH, FLORIDA, TO CONSTRUCT, REPAIR OR OTHERWISE FIX, KEEP AND HAVE IN THOROUGH REPAIR ON SAID OFFICIAL BULKHEAD LINE A GOOD AND SUFFICIENT BULKHEAD OR SEAWALL CONSTRUCT- ED IN ACCORDANCE WITH PLANS AND SPECIFICATIONS APPROVED BY THE MAYGar,ANDTOWN COUNCIL AND THE FILLING IN OF DEPRESSIONS OR LCW PLACES BEHIND SUCH BULKHEAD OR SEAWALL; AND PROVIDING THAT IF THE OWNER OR ANY LOT, PIECE OR PARCEL OF LAND REQUIRING NEW CONSTRUCT- ION, REPAIR, AND FILLING FAILS, NEGLECTS, OR REFUSES TO REMEDY THE CONDITION AT SAID BULKHEAD LINE AFTER NOTICE SO TO DO, THE SAID TOWN COUNCIL MAY CAUSE THE SANE TO BE DONE AND THAT THE ACTUAL EXPENSE THEREOF SHALL BE A SPECIAL LIEN UPON THE PREMISES FOR THE WORK SO DONE. Whereas, the Town Council of the Town of Atlantic Beach, Duval County, Florida , is authorized by the Town Charter to, by ordinance, require the construction and maintenance of bulkheads along the ocean front and the fill- ing in of depressions or low places behind such bulkhead or bulkheads, and Whereas, the seawall constructed along the ocean front was damaged or destroyed by storms during 1947 thereby causing weakened and unprotected sections of land endangering the property of the owner and others: BE IT ORDAINED BY THE MAYOR AND THE TOWN COUNCIL OF THE TOWN OF ATLANTIC BEACH , FLORIDA: Section 1. The owner of every lot, piece or parcel of land which may front or abut the official bulkhead line within the corporate limits of the Town of Atlantic Beach, Duval County, Florida, whether the same be owned in fee simple or held under any other title, shall construct, repair or otherwise fix, keep and have in thorough repair on said official bulkhead line a good and sufficient bulkhead or seawall and when necessary shall fill in all depressions or low places behind such bulkhead or seawall. Section 2. Before any bulkhead or seawall is constructed or repaired or otherwise fixed, the said owner shall first obtain a permit from the Town Council therefor and shall file complete drawings, plans and specifications pertinent to the work to be done. It shall be the duty of the Town Council by its Public Works Committee to see that the bulkhead or seawall is con- structed or repaired in accordance with such plans and specifications and to inspect the same after the completion thereof and to issue a certificate to the owner or contractor that the work has been satisfactorily done. The owner or contractor or person constructing or repairing the bulkhead or seawall shall notify the Public Works Committee of the said Town Council when the work is begun and when the same is completed. Section 3. Whenever the Town Council of the Town of Atlantic Beach, Florida, finds and determines and by resolution so declares a bulkhead or seawall should be constructed or repaired or otherwise fixed and/or depress- ions or low places behind the bulkhead or seawall requires filling, it may in said resolution direct the Town Clerk to forthwith notify the owner of the premises where said construction, repair, fixing or back filling is required, to do such work within a reasonable time to be fixed in said resolution and stated in said notice. Section 1 . 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 un- known, then such notice shall be given by posting the same in a conspicuous place upon said premises. Section 5. Immediately upon receiving said notice the owner may request the Town Council for a hearing at which time the said owner may present such facts and figures pertinent to and substantiating any and all objections he may have to the proposed work. The said Town Council shall grant the said hearing and upon the completion of the said hearing may revoke the said notice. 2. Section 6. If the owner of any such premises shall neglect, fail, or refuse, after notice as herein provided to do the work within the time fixed in said notice the Town Council shall direct the Town Supervisor to have such work done and the cost of such construction, repair, fixing or filling in of low places behind the bulkhead or seawall and the cost of such construct- ion or repair or backfilling with interest thereon at the rate of six (6) percent per annum from the date of the completion of the work shall be a lien superior to all other liens, excepting any liens for taxes or assessments, upon such lot along and in front of which the bulkhead or s eawall was constructed or repaired and the depression filled in and the cost thereof, with interest, shall be assessed against the lot along or in front of which such bulkhead or seawall is constructed or repaired or such depression filled in. As soon as practicable, and within thirty days after the construction or repair of any such bulkhead or seawall and the filling in of any such depress- ion, the Town Council 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 to public inspection during reasonable office hours in the office of the Town Clerk, labeled "seawall improve- ment lien book", the amount of such cost, the date of the completion of the work, the lot upon which a lien is claimed, and such other information as the Town Council may deem advisable ; provided, however, that as soon as practicable after said entries have been made in a seawall improvement lien book, the Town Council shall cause to b e published a notice of the completion of such work, and the fact that said liens have been entered in the seawall lien book, which shall be published in a newspaper published in the County of Duval once each week for two consecutive weeks, giving the liens held by the Town against such piece of property by lot and block number or other proper description; and any person owning any lot or owning any interest therein shall have the right at any time within thirty days after the first publication of said notice to present to the Town Council a sworn petition stating his interest in the property and alleging that, in the opinion of the petitioner, the cost of the construction or repair of such bulkhead or seawall and filling in of such depression as entered up in the seawall improvement lien book, exceeds the actual cost thereof, or is otherwise erroneously entered up, or exceeds the special benefits accruing to the lot affected by the lien. If such petition is presented within said time, the Town Council shall hear and consid er the s ame, and make due and proper inquiry into the questions involved, and if it shall appear to their satisfaction that the cost as entered up, is erroneously stated or entered up, or exceeds the special benefits accruing to the lot affected by the lien, then the Town Council shall, by resolution, so declare, and shall have the entry thereof in the seawall improvement lien book corrected, and shall fix the amount to be charged up against such lot an amount not exceed- ing in the discretion of the Town Council, the special benefits accruing to such lot, and the amount so fixed shall stand as the amount of such lien, and any amount of such cost found to be in excess of special benefits shall be paid by the Town. In all cases where no petition shall have been filed hereinbefore provided, within thirty days after the first publication of said notice, the cost of such work as entered in the seawall improvement lien book shall become and be a fixed lien on the lot superior to all other lie s exce liens for taxes and seawall construction liens assessed 0/ 1.934 • Section 7. This ordinance shall to e effect from and after its passage and c, proval by the Mayor. Passed on first reading August 2$, 1948. Passed on second reading August 2$, 1 4$. Passed on third and final reading 1948. Approved by the Mayor l - __,194$. çi ayor Attest 40 • own er