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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 ~.. REVIEWED BY CITY MANAGE . ~+• «~. ~» 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 11 °..+. ., +l,° !-':+.> ,.~ A+1.,.,+;.. i2° ~.~, ~1~,-i~.~• ITl° ,7~+;r:, ~£_n °.k.>\ T., °n+:.. +' F , ~cr~uci°i-°i #lwA 7]°^^l, ha +1,.,+ /.1°nn,• , ° :..+;.-.., .<~+1.° ne,r.a:+ie~. «z~i^l.:,1°~.a 46ar ..°.-+<. ;,, . ~.1„+;.+.+\ irj II 7 Q f ' 7 1/ f ,~ .,. (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. - ,n (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) • - ,~.. ±~• ~* 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 ~• 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) ~.. ~. +~. 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 ~• (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.