Item 7EAGENDA ITEM # 7E
AUGUST 25, 2008
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Updates to Ordinance 95-08-96
DATE: August 18, 2008
SUBMITTED BY: David E. Thompson, Chief of Police/DPS
BACKGROUND:
At the August 11, 2008 City Commission meeting, a proposed update to this chapter of
the City Code included a provision to prohibit anything from obscuring windows facing
the streets in commercial buildings. It was recognized by the elected officials that the
language could be interpreted very broadly, and as a result, it could be overly restrictive
in regulating how businesses use their windows. As a result, staff reviewed and
attempted to craft alternative language in an attempt to address the problem issues
without unduly restricting businesses.
After working on the language and reviewing the common businesses practices in the
commercial areas throughout the city, it has been determined that the best approach may
be to seek voluntary compliance where problems exist. The Police Department has
officers assigned to the Mayport Road Corridor, and staff believes that these officers may
be able to achieve voluntary compliance through education instead of legal regulation.
Consequently, the language addressing windows has been omitted from the
recommended update.
The current recommended language in the attachment for updating the City Code
includes language to speed up the process for the City to place liens on property to collect
remediation costs for violations of Chapter 12.
BUDGET: The proposed changes should increase the City's ability to file liens and
collect debts incurred by property owners who fail to correct problems on a timely basis.
RECOMMENDATIONS: To approve the attached changes to Ordinance 95-08-96.
ATTACHMENTS: Ordinance No. 95-08-96
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
AGENDA ITEM # 7E
AUGUST 25, 2008
ORDINANCE NO. 95-08-96
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 12, NUISANCES, TO PROVIDE FOR
QUICKER PAYMENT OF CITY- FUNDED REMEDIATION COSTS,
AND PROVIDING AN EFFECTIVE DATE
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.
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 charge 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.
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 public records of Duval Counter Florida,
and may also be filed in the office of the city clerk."
AGENDA ITEM # 7E
AUGUST 25, 2008
SECTION 2. This Ordinance sha11 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
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
JOHN S. MESERVE
Mayor, Presiding Officer
Ordinance No. 95-08-96 Page 2 of 2