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Item 7AAGENDA ITEM # 7 A JULY 14, 2008 ORDINANCE NO. 25-08-39 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II, BUILDING CODE, BY REPEALING SEC. 6-24(b), RESIDENTIAL DUNE CROSSOVER STRUCTURES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec. 6-24(b) of the Code of Ordinances requires that all residential dune crossover structures be constructed in accordance with the provisions contained therein, and WHEREAS, Sec. 6-24(b) conflicts with State of Florida regulations in certain areas, including the height of the dune walkover, required handrails, steps to the beach, and the like, and WHEREAS, because state law takes precedence over City ordinances, it is no longer necessary for the City to regulate the construction of residential dune crossover structures since they must be constructed in accordance with all applicable state law. BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: SECTION 1. Section 6-24(b) of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby repealed. SECTION 2. This Ordinance shall take effect immediately upon its final passage and adoption, PASSED by the City Commission on first reading this 23 day of June, 2008. PASSED by the City Commission on second and final reading this day of 2008. ATTEST: DONNA L. BARTLE, CMC City Clerk JOHN S. MESERVE Mayor, Presiding Officer Approved as to form and correctness: ALAN C. JENSEN, ESQUIRE City Attorney 1