Item 8AAGEi3DA ITEM # 8A
JULY 14, 2008
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Recommended Updates in City Code
DATE: June 27, 2008
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
Alex Sherrer, Code Enforcement Officer
Sonya Doerr, Community Development Director
BACKGROUND:
During previous discussions with the City Commission about Code Enforcement, it was
pointed out that there are presently some deficiencies in the City Code. Photographs
were provided to show some of the undesirable conditions that were legal under the
existing code. Based on complaints from citizens and the desire to improve the quality of
life in residential subdivisions, additional language is recommended to address and abate
these conditions.
After the previous City Commission Meeting in which proposed language was
discussed, staff conducted additional research and made some changes to the
proposals. The new language has been inserted in the following recommendations in
bold type:
Chapter 12
Presently, a number of businesses are obscuring the windows fronting on major
streets, especially Mayport Road. Some businesses have posted advertising and
signs inside and/or outside of the windows, while others have installed shelving or
placed other items in front of the windows. Some businesses have installed
window tinting that is reflective or otherwise impenetrable to light. This is
not only an aesthetics issue, but it also creates a public safety issue. Police
officers on patrol are unable to see into the businesses through the windows, and
this has been found to increase disruptive and illegal behavior inside businesses.
One solution is to prohibit this by code.
Suggested language would make it a nuisance: "For any business or occupant of
a business to obscure anv window fronting or facing any street with non-permitted
slgrlaee /advertising shelving, equipment, inventory or any opaque material such
as reflective tint paint or drapes Windows are to remain clear and unobstructed
at all times. Any material, coating or tinting applied to windows or used to
shield windows shall be non-reflective and semi-transparent such that clear
visibility is maintained, and also such that light from the exterior is able to
penetrate through windows at night "
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JULY I4, 2008
2. Presently, if a nuisance is not abated by the owner, then the City may correct the
problem and bill the owner for the work and the administrative costs. The
existing language requires the City to wait 30 days before the City can place a lien
against the property. This has allowed some property owners to sell the property
before the City has been able to record the lien against it.
Suggested Language Change: "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 upon remediation ,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."
Chapter 24
1. Presently, there are residents that have erected and allowed awnings, tents,
canopies, and other temporary structures to remain indefinitely. There is no time
limitation on these structures, and as a result, some of them have been allowed to
remain for many months.
Suggested language: "Portable tents, canopies awnings or other non-permanent
structures used for protection against the elements are temporary in nature As
such, they are limited to special occasion use only and for a period of not more
than four 4) days or nine -six 96 hours "
2. Recreational vehicles, boats and boat trailers are presently allowed to be parked in
the front yazds of residential homes as long as the vehicles are no closer than 15
feet from the front yazd lot line. As a result, some residents aze storing
recreational vehicles and boats in their front yards.
Suggested language change: "Recreational vehicles, boats or boat trailers, or
other type of trailer shall not be parked or stored closer than fifteen (15) feet
from the Front Lot Line, and shall be narked in a manner that is Eenerally
perpendicular to the front Property Line such that length is not aliEned in a
manner that extends across the front of the tot, it bein the intent that
Recreational Vehicles, boats and trailer that are narked forward of the
residence should not excessively dominate the front of the lot
3. Presently, there is no guidance for businesses relative to the installation of burglar
bars, metal awnings or similar devices that may be installed on buildings. Not
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only are such devices unsightly, they are also impediments to members of the
public who may need an emergency escape from the building, and they impede
public safety personnel who may need emergency access to the inside of the
building. There are other effective ways to maintain security without the
problems associated with these devices.
Presently, there are only two current businesses Fronting on Mayport Road
that have burglar bars or roll-down security awnings. Staff anticipates that
these businesses will be "grandfathered in" so that that will not be required
to remove the existing devices. However, the intent of this proposed language
is to address the future development of the area and to prevent businesses
from creating an undesirable and unsightly atmosphere.
Suggested language: "Burglar bars steel gates metal awnings and steel roll
down curtains are nrolubrted on the exterior and interior of a structure when
visible from any public street "
Staff would like for the City Commission to review the recommendations above, and
consider adopting these into the City Code.
BUDGET: There would be no immediate impact, but the language relative to placing
liens on property may improve collections of expenses on properties when the City has
used City resources to correct problems.
RECOMMENDATIONS: To review the recommendations above, and to authorize the
City Attorney to prepare the language to incorporate them in to the City Code at the
appropriate locations.
ATTACHMENTS:
REVIEWED BY CITY MANAGER:
AGEN ITEM NUMBER: