Item 7CAGENDA ITEM # 7C
FEBRUARY ] 1, 2008
Hanson, Jim
From: Alan Jensen [alan@ajensenlaw.com]
Sent: Saturday, February 02, 2008 11:22 AM
To: Hanson, Jim
Cc: Hufstetler, David; Bussey, Donna
Subject: Legal opinion on applicability of city code to The Palms apartments
Jim:
You have asked my opinion regarding the applicability of the current codes of the City of Atlantic Beach to
The Palms apartments. It is my opinion that the City does not have any applicable provision in the current code of
ordinances which addresses the specific situation which exists at The Palms. I have considered the following in
rendering this opinion:
1. The owner of The Palms obtained a permit to conduct a partial demolition of the structures located
on the property and has completed the work authorized by said permit.
2. The owner of The Palms has secured the property with a fence, cleaned up the property on
several occasions as requested by the City, and it no longer is a haven for the homeless, prostitutes, drug users,
and the like. The City requested that the owner comply with several conditions, which I understand has been
done.
3. Because of the actions taken by the owner of the property, it is not unsafe, dangerous, unsanitary,
or injurious to the health, safety, welfare and well-being of the community.
4. Dave Hufstetler, the Building Official for the City, concurs with this opinion.
The City is contemplating addressing the situation which currently exists at The Palms by considering the
passage of Ordinance No. 25-08-38, which will be on the agenda for first reading at the regularly scheduled
meeting of the City Commission on February 11, 2008. Part of the proposed ordinance is adding new Sec.12-1
(13) to the nuisance ordinance, and addresses both partially demolished and partially constructed buildings and
structures. The ordinance is not specifically directed to the Palms apartments, as there are other properties in
the City which are either partially demolished or constructed. The new ordinance, and specifically new Sec.12-1
(13), will provide the City with the means to address situations such as that which now exists at The Palms.
Although the ordinance cannot be applied retroactively, if it is passed by the City Commission, it can be applied to
any violations in the future either at The Palms or any other properties within the City to which it pertains.
Enforcement of the new section in the nuisance code can be done pursuant to Sec. 12-2 of the Code, and
violators can be taken before the Code Enforcement Board.
I hope the above information sufficiently addresses your questions, but please feel free to contact me with
any further questions or problems in this regard.
Alai
ALAN C. JENSEN, ESQUIRE
935 North Third Street
P.O. Box 50457
Jacksonville Beach, FL 32240-0457
(904) 246-2500
(904) 246-9960 FAX
Alan@AJensenLaw.com
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2/4/2008
AGENDA ITEM # 7C
FEBRUARY 11, 2008
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS,
CHAPTER 7 FIRE PREVENTION AND PROTECTION, CHAPTER 8
FLOOD HAZARD AREAS, AND CHAPTER 12 NUISANCES, TO UPDATE
REFERENCES TO CURRENT BUILDING RELATED AND FIRE CODES,
TO DELETE CERTAIN OUTDATED AND/OR NO LONGER
APPLICABLE SECTIONS, TO ADD CERTAIN DEFINITIONS, AND TO
INCLUDE ABANDONED CONSTRUCTION PROJECTS AS A NUISANCE,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMNIISSION ON BEHALF OF THE PEOPLE
OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SF.C'TinN 1 _ Chapter 6. Building and Building Regulations.
A. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
(1) "Sec. 6-16. Adoption of Florida Building Code.
There is hereby adopted, subject to any modifications, changes and
amendments set forth in this article, and for the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, use and
occupancy, location and maintenance of buildings and structures, including permits
and penalties, that certain building code known as The Florida Building Code
established by Florida Statutes Chapter 553, Part VII, as amended from time to time
so that the latest edition of the Florida Building Code shall apply and the S~
Bxi ~ Internartinr~l Pmner(j~ Maint . once Code, }99-7 most recent
edition, of which
not less than three (3} copies have been and are now filed in the office of the city
clerk, and the same are adopted and incorporated as fiilly as if set out at length in
this article, and the provisions thereof shall be controlling in the construction of all
buildings and other structures within the city."
(2) "Sec.6-17. Same-Amendments.
(ax2)a. The building official, inspection division, development services
department, is hereby designated as the administrative authority responsible for
interpretation and enforcement of the provisions of this chapter and the Florida
Building Code ~}, with the exception of Chapters 9 and 36, which are assigned to
the fire chief for enforcement in its entirety."
(3) "Sec.6-17(bx5) Unsafe buildings or systems. All buildings,
structures, electrical, gas, mechanical or plumbing systems which are unsafe,
unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or
are otherwise dangerous to human life, or which in relation to existing use,
constitute a hazard to safety or health, are considered unsafe buildings or service
systems. All such unsafe buildings, structures or service systems are hereby declared
AGENDA ITEM # 7C
FEBRUARY 11, 2008
illegal and shall rI•at be abated by repair and rehabilitation or by demolition in
accordance with the provisions of the
Internatinnal Pr ~nprty A~aintp n ~ Cede,"
(4) "Sec. 6-120. Adoption.
There is hereby adopted, basic minimum housing standards deemed
essential for safe, healthful living, that certain code known as the Statuesing
Interruitrnrusj Pry r 1Lf~intp n ~p ('~ p }9g~ most current motion, published by
the Southern Building Code Congress International, Inc: '
B. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby repealed:
(1) Sec.6-32
(2) Sec.6-33
(3) Sec.6-34
(4) Sec.6-35
(5) Sec.6-36
(6) Sec.6-38
(7) Sec.6-39
(8) Sec.6-40
(9) Sec.6-57
(10) Sec.6-60
C. The Code of Ordinances of the City of Atlantic Beach, Florida, is hereby amended
by adding a new section to be numbered Section 6-26, which section shall read as
follows:
".4ec_ 6-21 S h d~1v of B ~ildin~ P~rn~~ Feet
Ordinance No. 25-08-38 Page 2 of 8
AGENDA ITEM # 7C
FEBRUARY 1 ], 2008
(S) Rein. unit fee: Third-~vP nnllare ,( 3 S n ~nPr rpinsnPr~tinr-.
(6) Cign Frsen~nc:
CF.('TinN 2_ Chaps '7, Fire Prevention and Protection.
A. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
(1) "Sec.7-17. Definitions.
Authority having jurisdiction shall mean the fire official of the city, as
defined in that certain code known as the F.ifi--9afC~ty F1QridQ Fire Preverztnn Code
referenced in section x=28 7 18 of this chapter."
Ordinance No. 25-08-38 Page 3 of 8
AGENDA ITEM # 7C
FEBRUARY 11, 2008
(2) "Sec. 7-18. Codes adopted.
(axl) Standard ~ , Internn~tinrtn_1 Fire ('ndP,, nct
tent edition, as published by the Southern Building Code Congress International,
Inc.
(ax2) Internntinnnl Fire C' P„ mnet
regent edition, as published by the National Fire Protection Association, Inc."
(3) "Sec. 7-21. Notice to eliminate dangerous conditions.
(b) Whenever the fire official deems any chimney, smokestack, stove,
oven, incinerator, furnace or other heating device, electric fixture or any apparatus
thereto, regulated under a nationally approved standard as adopted by section ~@
Z-18 in or upon any building, structure, or premises not specifically mentioned in
this article, to be defective or unsafe so as to create an immediate hazard, he shall
serve upon the owner or the person having control of the property, a written notice
to repair or alter as necessary and shall notify any other authority enforcing codes
regulating such equipment. He may affix a condemnation tag prohibiting the use
thereof until such repairs or alterations are made. When affixed, such tag may be
removed only by order of such fire official or his/her duly authorized representative
and may be removed only when the hazard to which the order pertains has been
eliminated in an approved manner. Until removed, that item or device which has
caused the hazard shall not be used or be pemutted to be used."
(4) "Sec. 7-25. Appeals.
(a) Any person aggrieved by an order issued under this article may
appeal such order in accordance with the procedures established in the Sire
~Prcverrtivn Intersvltinn~r7 Fire Code, as adopted in section 9=28 7=.1$ of this article."
(5) "Sec. 7-27. Penalties and other remedies for violations.
(a) Failure to comply with any provision of this article or any lawful
order of the fire official shall constitute a misdemeanor of the second degree,
punishable by a fine of not more than five hundred dollars ($500.00), or by
imprisonment for not more than ten (10) days, or by both a fine and imprisonment.
Each day that a violation continues shall be a separate offense, in accordance with
F.S. § 633.171, do it r-rnrentjv Prictc nr .cuh.cP~~ P .~1Pd,"
(6) "Sec.7-30. Fees.
Permits and fPPC' All fPPC fnr the fn117 nwin~v ch~,Il hP nC Pctnl,liolynl fr,,,.~, t;,.,o f„ si,...
y
Ordinance No. 25-08-38 Page 4 of 8
AGENDA ITEM # 7C
FEBRUARY 11 2008
by the _Inrlrcnrvillo Fire ne,~tment n~' the ~ir,~ n f Iarkcn illP„ Flnrrdn ~
ini.ctrntive }fin ~ R 3 s nn cl-nIt hP rapid to t p ('i , ~ ~f At ~trr Rnarl:
fn, r amp nf'the helnw listed in Znertinnc arm ~,
Permit Fees
(1) Fire safety inspection for the purpose of obtaining an occupational
license:-~$3s:66
(2) Plans review and final inspection for certificate of occupancy-:5fi:~@
(3) Fire safety re-inspections:-2:98
(4) Annual fire safety inspection-~r.86
(5) Fire alarm annual inspection-5:66
(6) Fire standpipe annual inspection--58:86
(7) Fire sprinkler system annual inspection-.-~68
(8) Fire suppression hood systems annual inspection-5:88
(9) Open burning, each permit:-~-5r88
(10) Flammable%ombustible storage (annual)-8:88
(11) Flammable%ombustible spraying or dipping (annual}.-~86
(12) Storage/sales fireworks, each permit.:. 35:88
(13) Fumigation, each permit-8:86
(14) Hazardous materials storage/use (annual).--56:86
(15) High piled combustible storage (annuals-8:88
(16) Liquefied and other compressed gases (annual} . ~ 2$:96
(17) Any other required permit as prescribed by the Standard Fire Prevention
Code-~f68u
(7) "Sec. 7-34. Hazardous materials identification and information.
(a) There is hereby adopted by the city for the purpose of prescribing
regulations to identify hazardous materials manufacturing, storage and use facilities
that certain code known as NFPA 704 "Identification of the Fire Hazards of
Materials," 1994 edition, nc .c~ihr~~~ _r~tly nm~ i of the National Fire Protection
Association. One (1) copy of the subject code has been and is filed in the office of
the city clerk and the same is hereby adopted and incorporated as fully as if set out at
length herein, and from the effective date of this section, the provisions of said
standard shall control within the limits of the city."
"Sec. 7-38. Permits and certificates.
(a) A permit shall constitute permission to maintain, store or handle
materials, or to conduct processes which produce conditions hazardous to life or
property, or to install equipment used in connection with such activities as
referenced in C-~rapter-4 of the Jnt .r ntrn~ F'r .Code."
B. The following sections of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby deleted:
(1) Sec. 7-17 Definitions. New additions or expansions.
Ordinance No. 25-08-38 Page 5 of 8
AGENDA ITEM # 7C
FEBRUARY 11, 2008
(2) Sec.7-31
SF.CTinN 3_ Chapter 8. Flood Hazard Areas.
A. Sec. 8-5 of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended to add the following definition:
"Freehnnrd is n fa~tnr of cafe ~ ict ~Il~rnrecsed in~eet nhnve the R ce F and
F,levatinn (.~FF)_ In the Ci~~fAtlnnti~ R rh~freehnard is S' "
B. Secs. 8-21 and 8-22 of the Code of Ordinances of the City of Atlantic Beach,
Florida, are hereby amended to read as follows:
(1) "Sec.8-21. - Lncal nn
nlnin admini.ctratnr
The Inral nn main admini.ctrntnr, ~
is the niijt'c hzildin~g~ ninl unIPCC nt onvice eci me h o ritv~nnn,~~~~, is
hereby appointed to administer and implement the provisions of this chapter."
(2) "Sec. 8-22. Same-Duties and responsibilities.
Duties of the Inrnl nn nlnin
adminictratnr shall include, but not be limited to:
(1) Review all development permits to assure that the permit
requirements of this chapter have been satisfied.
(2) Advise permittee that additional federal or state permits may be
required, and if specific federal or state permit requirements are known, require that
copies of such permits be provided and maintained on file with the development permit.
(3) Notify adjacent communities and the Florida Department of
Community Affairs prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency.
(4) Assure that maintenance is provided within the altered or relocated
portion of said watercourse so that the flood-carrying capacity is not diminished.
(5) Verify and record the actual elevation (in relation to mean sea
level) of the lowest floor (including basement) of all new or substantially improved
structures, in accordance with section 8-24(b).
(6) Verify and record the actual elevation (in relation to mean sea
level) to which the new or substantially improved structures have been floodproofed, in
accordance with section 8-24(b).
Ordinance No. 25-08-38 Page 6 of 8
AGENDA ITEM M 7C
FEBRUARY I I, 2008
(7) In coastal hazard areas, certification shall be obtained from a
registered professional engineer or architect that the structure is designed to be securely
anchored to adequately anchored pilings or columns in order to withstand velocity waters
and hurricane wave wash.
(8) In coastal hazard areas, the ~~
flnnd Z lain /~minictrntnr shall review plans for adequacy of lattice or screening in
accordance with section $-32(e)(8).
(9) When floodproofmg is utilized for a particular structure, the
Incal ft~ nn~nla~n adm~~i~tr~tnr shall obtain certification
from a registered professional engineer or architect, in accordance with section 8-32(b).
(10) Where interpretation is needed as to the exact location of
boundaries of the areas of special flood hazard (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the planrring--arnt
Inca ~Innd plain /1dmiYJictrntnr
T--= shall make the necessary
interpretation. The person contesting the location of the boundary shall be given a
reasonable opportunity to appeal the interpretation as provided in this article.
(11) When base flood elevation data or floodway data have not been
provided in accordance with section 8-7, then the ~~
and plain adminictr tnr shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to
administer the provisions of Article III.
(12) All records pertaining to the provisions of this chapter shall be
maintained in the office of the Incal flnnd plain dmi ictratnr
shall be open for public inspection." _
SF.C.'TinN 4_ Chapter 12. Nuisances.
A. Chapter 12 of the Code of Ordinances of the City of Atlantic Beach, Florida is
hereby amended to add the following subsection:
(1) "SeC. 12-1~ Fnr arrv r~nncnn to allow a h~~i ding nr ctrfMt~/ro to hn
partially dPmnlic od nr nartiall.~ rnnct_rsirtnd and to tkon allrn~~ ~~~
withrnit arry domnlttinn nr cnrLCtri rtinn ~ rtivtt,~, for aTrin~ nf, ~ci~- ~~) ~nnntlzc
Ordinance No. 25-08-38 Page 7 of 8
AGENDA ITEM # 7C
FEBRUARY 11, 2008
SF.C'TinN 5_ This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading this day of , 2008.
PASSED by the City Commission on second and final reading this day of
2008.
ATTEST:
Donna L. Bussey, City Clerk John S. Meserve, Mayor
Approved as to form and correctness:
Alan C. Jensen, Esquire
City Attorney
Ordinance No. 25-08-38 Page $ of 8