Item 8DAGENDA ITEM'[ #8D
NIAY 24, 2004
~.• CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Atlantic Beach City Ordinance, Chapter 12 Nuisances
SUBMITTED BY: Alexander J. Sherrer, Code Enforcement Officer
DATE: May 17, 2004
BACKGROUND: Atlantic Beach City Code, Chapter 12: Nuisances had its, last major review
and revision in August of 1982. Chapter 12 has been reviewed and re-written
to eliminate previous confusion, to be more inclusive and easier to enforce.
The recommended re-write of Chapter 12 has been satisfactorily reviewed by
the City Attorney, and various City Department Heads for it's completeness
and validity, and is recommended to be forwarded as presented for it's first
reading.
"~ Furthermore it is the recommendation of the City's Code Enforcement
Officer that Chapter 2, Division 3, Nuisance Control Board, Sec 2-161
through and including Sec 2-169 be deleted from the City Code as there is no
Nuisance Control Board, has not been one for numerous years and that any.
nuisances that exist are already enforced through the Code Enforcement
Office.
BUDGET: N/A
~„ RECOMMENDATION: City Ordinance, Chapter 12; re-write be approved and Chapter 2,
Division 3, Nuisance Control Board, Sec 2 2-161 through and
including Sec 2-169 be deleted from the City Code.
ATTACHMENTS: City Ordinance, Chapter 12; Nuisances and Chapter 2, Division 3,
Nuisance Control Board, Section 24-161 through Sec 2-169
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REVIEWED BY CITY MANAGE .
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AGENDA ITEM #8D
MAY 24, 2004
Chapter 12 NUISANCES*
*Cross reference(s)- ,.T,,;~^„^° ^,,,,+..^' ~,„^ra, ~ "' ' ~' °+ °°^.; Nuisance animals, § 4-6 4-
!*~ 7; ~~^°~r; vegetation hei hg t of growth, ~ 23-26 abandoned, ~ °^'~°a, ~ w°a, ~ ~°'~'°,
ets:, vehicles, § ~~4 24-17.
State law reference(s)--Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823.
Sec. 12-1. Enumeration.
~'" (a) It shall be unlawful for any person r business, to do, perform,
have, allow, 'suffer or permit any act, occurrence or condition within the city which constitutes a
dangerous, unsafe, dilapidated or unsanitary condition, which may be injurious to the health and
well-being of the community.
(b) It is hereby declared to be a nuisance, the enumerations of which are merely
indications of the nature and type of acts, occurrences and conditions, and shall not be deemed to
be exclusive:
(1) For any person to cause or allow any animal carcass or any filth or substance to be
collected, deposited, or to remain in any place to the detriment of public health.
(2) For any person to throw, deposit or discharge into or suffer to be collected,
deposited or remain on or in any °+,.°°+, °"°~• ~r ^*'~°r public or private property,
~„ ply house or building, poses, sewer, or gutter, any filth, ge~ag~
or ~ rubbish of any kind;
~„ (3) For any person to allow, suffer or permit any lot or premises, common or place of
any kind whatsoever to become neglected so as to become a detriment to public
health by the depositing of filth or rubbish of any
~,,, kind. ;
(4) To allow, suffer or permit ~ stagnant water to accumulate e~~en-fie
°y°~~.ither above or below the ground, without exercising necessary
precautions to prevent the propagation of mosquitoes therein;
(5) For any person to keep, herd, and feed any animals, ^~•^'' °°''°~-°, ~°r°°°,
in any manner which may be injurious to the
*!!^ health and well-being of any person due to noxious odors, noise, etc.
AGENDA ITEM #8D
MAY 24, 2004
(6) Not post, secure, or safeguard any hazardous condition ~ie~, which may prove
detrimental to any human being, whether in a building, on the premises of a building,
or upon an unoccupied lot. This includes any abandoned wells, shafts, basements,
excavations, construction, °''°~a^~°a -°~^°Y°+^~° ^ „'~^^^°°, °^~' m^+^r ~~°'^~^'°°, or
any structurally unsound fences or structures. , ° ,',,,,,~.°°, a°'~'~° ^ ^°+°+'^~',
(7) For any person, either as the owner or occupant of a building, structure, or property to
utilize the premises of the property for the open storage of any abandoned or
inoperable motor vehicles, icebox, refrigerator, stove appliances, household furniture,
glass, building material, building rubbish debris, or similar items.
(8) To allow, suffer or permit any building or structure which, by act of God, fire, decay
or other cause which may become structurally dangerous; unsafe, dilapidated,
~"" unsanitary, or vermin infested to create a hazard to the health or safety of the
occupants or the public.
(9) For any person business owning shopping carts to allow such carts to be removed
from it's *~premises unless st~sl~erse~as-a written policy is in place for
the effective retrieval of such carts. The written policy must include provisions for
retrieval of shopping carts from public rights-of--way, apartment complexes,
undeveloped lots, or other areas within the city, and for retrieval of shopping carts
when brought to the attention of the owner by way of complaints from the public or
the city.
(10) For any person to allow excessive amounts of dirt, debris or any other substance
to collect in any gutter, or catch basin, or to accumulate on any road surface, causing
the surface to become obstructed, uneven or defaced.
(11) For any.person or business to allow vegetation other than cultivated plants,
shrubs, or trees to exceed a height of more then 12 inches on any developed lot, or
~„ within 20 feet of any occupied residential property, business property, or Cit~Right
of Way
~„ (12) For any person to discharge water from awater-source heat pump onto a public
.street or storm drainage system unless such discharge is approved by the city.
(Ord. No. 55-82-20, § 1, 3-22-82; Ord. No. 95-89-43, § 1; 1-8-90)
Sec. 12-2. Notices, hearings,. abatement of conditions.
(a) Whenever it is made-to-appeerte determined by the city manager or his des~nee after
investigation that any acts, occurrences or conditions prohibited by section 12-1 have happened
or exist within the city, the city manager or his designee may by order in writing, direct any
nuisance affecting the sanitary condition of the city or the public health of the city to be abated.
AGENDA ITEM #8D
MAY 24, 2004
The order shall be served upon the owner or occupant or person having the care or custody of the
particular property. ' 1 a •~1, ~~ ~ ,,,,,a , °.. +>,° ~°...;n°n ~ +>1;., +>7° c;+<> y fit,°tl ~,_
, ~v,...... .:~........... t:....~..~.,..., ., ...u.....~.. ..~, " ~.....~ .,
~'~<~°~°a l..> -„°~~ ~°*~~<•-~ -•° ~* ~°rt<~°^~;~-=case Where formal notification can not be
served upon the owner, occupant or custodian ^ °+ 1.° ~ „„a . ,;+1,;,, +>1° ^;,-<> „~+°~ ~ ^1,1°
.,a a;l;,.°.,+ : .>~ ^.,a <,>t,°~°),<r rho ~^:1 ^l,l° +° t,°~red, or public safety precludes
the use of certified mail, the order shall be posted in a conspicuous place upon the premises. eke
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.,. (b) Upon
written notification, or the posting of the property, and within the time allotted for correction, the
owner and/or occupant of the property may make written request to the city commission for a
,~,,,,, hearing before that body to show that the condition does not constitute a public nuisance. At the
hearing, the city and the property owner and/or occupant may introduce such evidence as
deemed necessary. -
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(c) If within the time allotted, ~~°°~ /' ~` a°<,n °~°...,.,.,;1:,,.. ° „n+;^,~ ^~+1,°
' -the Condit;on described in the notice has not been
remedied, the city manager or designee shall cause the condition to be remedied by the city at the
expense of the property owner and/or occupant. If a hearing has been held and has concluded
adversely to the property owner and/or occupant, the city manager or designee may cause the
condition to be remedied by the city at the expense of the property owner and/or occupant unless
the city commission otherwise directs.
(d) After causing the condition to be remedied, the city manager or 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
AGENDA ITEM #8D
MAY 24, 2004
administrative expenses, ~'~~° ^a~•°~*~^;,,,~ ^^°+; shall become payable within thirty (30) days, after
which a special assessment lien and charge will be made upon the property which shall be
payable with interest at the rate of ten (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 may be
filed in the office of the city clerk.
(Ord. No. 55-82-20, § 2, 3-22-82)
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AGENDA ITEM #8D
MAY 24, 2004
DIVISION 3. NUISANCE CONTROL BOARD*
*Editor's note: Ord. No. 95-89-40, §§ 1--9, adopted June 12, 1989, did not specifically amend
the Code; therefore, inclusion as §§ 2-161--2-169 was at the discretion of the editor.
Cross references: Nuisances, Ch. 12
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Sec.2-161. Created.
Pursuant to Florida Statutes Section 893.138, an administrative board to be known as
~"' the "Public Nuisance Control Board" is hereby created. The word "board" when used in this
ordinance shall be construed to mean the said "Public Nuisance Control Board."
_ (Ord. No. 95-89-40, § 1, 6-12-89)
Sec. 2-162. Membership; removal.
'"' (a) The board shall consist of three (3) members who shall be appointed by the city
commission. The terms of office of the members shall be for four (4) years, except that
two (2) of the members first appointed shall be designated to serve terms of two (2) and
~* three (3) years respectively from the date of appointment, and one shall. be designated
to serve for a term of four (4) years from the date of appointment. Vacancies occurring
during a term shall be filled by the city commission for the unexpired term.
"~ (b) The city commission may remove a board member at any time for inefficiency or neglect
of duty or misconduct in office.
,,,,, (c) Prior to any final action on the removal of a board member, however, the city
commission shall have a hearing on the proposed removal and shall furnish the board
member with a copy of the charges at least ten (10) days before such hearing. The
board member shall have the right to be heard in person or by counsel at such hearing.
(Ord. No: 95-89-40, § 2, 6-12-89)
Sec. 2-163. Designation of chairman and vice chairman.
The city commission shall designate the chairman and vice. chairman from among the
board members.
(Ord. No. 95-89-40, § 3, 6-12-89)
~"' Sec. 2-164. Certificate of appointment or reappointment.
A certificate of the appointment or reappointment of a board member shall be filed with
~„ the city clerk and such certificate shall be conclusive evidence of the due -and proper
appointment of such board member. Each board member shall hold office until his successor
has been appointed and qualified.
(Ord. No. 95-89-40, § 4, 6-12-89)
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AGENDA ITEM #8D
MAY 24, 2004
Secs. 2-165, 2-166. Reserved.
Editor's note: Sections 2-165 and 2-166 concerning the initial board members, their terms,
and officers, which derived from § 5 and § 6 of Ord. No. 95-89-40, have not been set out herein
since the aforesaid provisions were specific and temporary.
~" Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described herein. Any
~• place or premises which have been used on more than two (2) occasions as the site of
the unlawful sale or delivery of controlled substances may be declared to be a public
nuisance.
~. (b) Any employee, officer or resident of the city may bring a complaint before the board
after giving not less than three (3) days' written notice of such complaint to the owner of
the place or premises at his last known address.
(c) The board shall conduct a hearing during which .the owner of the premises shall have an
opportunity to present evidence in his defense. After considering any evidence, including
evidence of the general reputation of the place or premises, the board may declare the
place or premises to be a public nuisance as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter an order
immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
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(3) The conduct, operation or maintenance of any business or activity on the
premises which is conducive to -such nuisance. Any such order entered shall
expire after one year or at such earlier time as stated in the order.
(Ord. No. 95-89-40, § 7, 6-12-89)
Sec. 2-168. Permanent injunctions.
The board may bring a complaint under Florida Statutes Section 60.05 seeking a
permanent injunction against any nuisance described herein.
(Ord. No. 95-89-40, § 8, 6=12-89)
Sec.2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida Statutes
Section 60.05 against any public nuisance. -
(Ord. No. 95-89-40, § 9, 6-12-89)
Secs.2-170--2-225. Reserved.