Item 7GAGENDA ITEM # 7G
AUGUST 11, 2008
ORDINANCE NO. 95-0&96
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 12, NUISANCES, TO PROHIBIT
BUSINESSES FROM OBSCURING WINDOWS WHICH FACE ANY
STREET AND TO PROVIDE FOR QUICKER PAYMENT OF CITY
FUNDED REMEDIATION COSTS, AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, certain businesses are obscuring their windows fronting on streets
which create public safety issues, such as police officers not being able to see into
businesses through windows, which tends to increase disruptive and illegal behavior inside
the businesses, and
WHEREAS, Chapter 12 of the Code of Ordinances currently allows a thirty (30)
day time period for payment of city funded remediation costs and the recording of a lien for
said remediation costs, which has resulted in certain property owners selling the property
before a lien is recorded.
NOW THEREFORE, BE IT ORDAINED BY CITY COMMISSION ON BEHALF
OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1.
(a) Sec. 12-1 of the Code of Ordinances is hereby amended by adding a new
subsection (b)(15), which new subsection shall read as follows:
"(15) For anv business or occupant of a business to obscure anv window
fronting or facing anv street with non-permitted signage/advertising, shelving,
equipment, inventory, or any opaque material such as reflective tint, paint or
drapes. Windows aze to remain cleaz and unobstructed at all times. Any material,
coatin~or tinting_applied to windows or used to shield windows shall be non-
reflective and semi-transparent such that cleaz visibility is maintained, and also
such that liszht from the exterior is able to ,penetrate through windows at night."
(b) Sec. 12-2(d) of the Code of Ordinances is hereby amended to read as
follows:
"(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 chazge equally to one hundred (100)
percent of the expense to cover city administrative expenses shall become payable
immediately, and a special assessment lien
and charge will be made and recorded 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.
AGENDA ITEM # 7G
AUGUST 11, 2008
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 shall_be recorded in the yublic records of Duval Countv Florida
and may also be filed m the office of the city clerk."
SECTION 2. 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. BARTLE, CMC JOHN S. MESERVE
City Clerk Mayor, Presiding Officer
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
Ordinance No. 95-08-96 Page 2 of 2