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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