Ordinance No.95-04-88Ordinance No. 95-04-88
w
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
REWRITING IN ITS ENTIRETY CHAPTER 12, NUISANCES, OF THE
CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, AS FOLLOWS:
Sec. 12-1. Enumeration.
(a) It shall be unlawful for any person e~or business, to do, perform,
have, allow, suffer or permit any act, occurrence or condition within the city which constitutes a
dangerous, unsafe, dilapidated or unsanitary condition, which maybe injurious to the health and
well-being of the community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely
indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to
be exclusive:
(1) For any person to cause or allow any animal carcass or any filth or substance to be
collected, deposited, or to remain in any place to the detriment of public health.
k
(2) For any person to throw, deposit or discharge into or suffer to be collected,
deposited or remain on or in any public or np ~vate property,
~} house or building, premises, sewer, or gutter, any filth, g~ege;
or ~ rubbish of any kind;
(3) For any person to allow, suffer or permit any lot,-er premises, ee~-or place of
any kind whatsoever to become neglected so as to become a detriment to public
health by the depositing of filth or rubbish of any
kind.
(4) For anxperson to Te allow, suffer or permit any stagnant water to accumulate a~
,either above or below the ground, or to allow
the propagation of mosquitoes
therein;
(5) For any person to keep, herd, and feed any lame animals such as but not limited to
hogs, horses, anal goats or any small animals in
any manner which maybe injurious to the health and well-being of any person
due to noxious odors, noise, etc.
(6) For an~person not to post, secure, or safeguard any hazardous condition
~, which may prove detrimental to any human being, whether in a
building, on the premises of a building, or upon an unoccupied lot. This includes
any abandoned wells, shafts, basements, excavations, construction sites, as well as
~*. structurally
unsound fences or structures. , ,
(7) For any person, either as the owner or occupant of a building, structure, or
property to utilize the premises of the property for the open storage of any
abandoned or ino erp able motor vehicles, ieeha~refrigerators or other;-sts~e
ap liances, household furniture, glass, building material, building rubbish debris,
or similar items.
~(8) For any person to ~e allow, suffer or permit any building or structure which, by
storm damaue aet--~r€~ed, fire, decay or other cause ~~l~y to become
structurally dangerous, unsafe, dilapidated, unsanitary, or vermin infested to so
that it creates an hazard to the health or safety of the occupants or the public.
(9) For any person business owning shopping carts to allow such carts to be removed
from its t=s-premises unless s~e~r~~~r,~-a written policy is in place
for the effective retrieval of such carts. The written policy must include provisions
for retrieval of shopping carts from public rights-of--way, apartment complexes,
undeveloped lots, or other areas within the city, and for retrieval of shopping carts
when brought to the attention of the owner by way of complaints from the public
or the city.
(10) For any person to allow excessive amounts of dirt, debris or any other substance
to collect in any gutter, or catch basin, or to accumulate on any road surface,
causing the surface to become obstructed, uneven or defaced.
11_) For anv person or business to allow_ve~etation other than cultivated plants
shrubs, or trees to exceed a height of more than 12 inches on any developed lot or
within 20 feet of any occupied residential p o~erty business property or City
Right of Way.
(12) For any person to discharge water from awater-source heat pump onto a public
street or storm drainage system unless such discharge is approved by the city.
Sec. 12-2. Notices, hearings, abatement of conditions.
(a) Whenever it is determined by the city manager or his designee after
investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened
or exist within the city, the city manager or his designee may by order in writing, direct any
nuisance affecting the sanitary condition of the city or the public health of the city to be abated.
The order shall be served upon the owner or occupant or person having the care or custody of the
particular property. , ' ,
. ~~-en~ease Where formal notification cannot be
served upon the owner, occupant or custodian ,
...:au uua vii4i. :ia uia u.iau v~uvri+v +TlxZ2'C[VIG-C~"~G~L2TPGI-I+-~. or ublic safet
s ~ y,r'z p y precludes
the use of certified mail, the order shall be posted in a conspicuous place upon the premises. ~e
~~
~~
.~~
~) -~,~'-ithin fifty - i, c~ a ~ ,.i. •,• ,.,,....:~,. ,._ _,.,...:_~ ..r__..._- ~- ~-=--- Upon
~ s~
written notification or the ostin of the property and within the time allotted for correction the
owner and/or occupant of the property may make written request to the city commission for a
hearing before that body to show that the condition does not constitute a public nuisance. At the
hearing, the city and the property owner and/or occupant may introduce such evidence as
deemed necessary.
fi~~i ~ .,~ uuyo uuvi uarn , ~+: -~F~L..
(c) If within the time allotted, " ~` -' ~ '''
the condition described in the notice has not been
remedied, the city manager or his designee shall cause the condition to be remedied by the city at
the expense of the property owner and/or occupant. If a hearing has been held and has concluded
adversely to the property owner and/or occupant, the city manager or his designee may cause the
condition to be remedied by the city at the expense of the property owner and/or occupant unless
the city commission otherwise directs.
(d) After causing the condition to be remedied, the city manager or his designee shall
certify to the director of finance the expense incurred in remedying the condition, whereupon the
expense plus a charge equal to one hundred (100) percent of the expense to cover city
administrative expenses, ,shall become payable within thirty (30) days, after
which a special assessment lien and charge will be made upon the property which shall be
payable with interest at the rate often (10) percent per annum from the date of the certification
until paid.
The lien shall be enforceable in the same manner as a tax lien in favor of the city and may
be satisfied at any time by payment thereof including accrued interest. Notice of the lien maybe
filed in the office of the city clerk.
,r`-
Section 2. This ordinance shall become effective immediately upon its final passage and
adoption.
Passed by the City Commission on first reading this 14~' day of June , 2004.
Passed by the City Commission on second and final reading this
Ap ved as xo orm and correctness:
l
LAN C JE SEN, ESQUIRE
CITY RNEY
ATTEST:
~~
MAUREEN KING, C
CITY CLERK
y of , 2004.
YOR
VE
Page 4 of 4
Ordinance No. 95-04-88