Exh 7BAGENDA ITEM 7B
JULY 14, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Public Hearing and Final Adoption of Ordinance No. 5-03-42.
SUBMITTED BY: Maureen King, City Clerk
DATE: July 7, 2003
BACKGROUND: On June 23, 2003, the City Commission passed on fast reading the above
ordinance to provide that the terms of office and term limits would be
consistent for all City boards.
We have since then been advised by the City Attorney that the 3-yeaz term
for the Code Enforcement Boazd members is set by statute and the City
may not vazy the statutorily imposed terms. The statute, however, does
not address term limits.
We have amended the ordinance to delete the change in the length of the
teens of Code Enforcement Boazd members. The ordinance provides for a
limit of two consecutive terms; however, the City Commission may wish to
establish different term limits or delete this section ahogether.
BUDGET: N/A
RECOMMENDATION: Adopt Ordinance No. 5-03-42 on final reading
ATTACHMENTS:. Ordinance No. 5-03-4~Y
REVIEWED BY CITY MANAGER:
AGENDA ITEM 7B
JULY 14, 2003
ORDINANCE NO: 5-03-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING
CHAPTER 2, ADMINISTRATION, CHAPTER 14, PLANNING/ZONING!
APPEALS, AND CHAPTER 23, VEGETATION; CREATING UNIFORM TERMS
FOR APPOINTED MEMBERS OF THE CODE ENFORCEMENT BOARD,
COMMUNITY DEVELOPMENT BOARD AND TREE CONSERVATION
BOARD; PROVIDING A MAXIMUM LIMIT OF CONSECUTIVE.TERMS FOR
BOARD MEMBERS; PROVIDING PROCEDURES FOR REMOVAL; AND
PROVIDING AN EFFECTIVE DATE
BE IT ENACTED by the City Commission on behalf of the people of the City of
Atlantic Beach, Florida:
Section 1. Sections 2-141 and 2-142 of the Code of Ordinances of the City of Atlantic
Beach, Florida, creating the code enforcement board, are hereby amended as follows:
Sec. 2-141. Created; membership; terms.
(a) There is hereby created a code enforcement board of the city, which shall
consist of seven (n members to be appointed by the mayor and approved by the city
commission. All members of the board shall be residents of the city and shall serve
without compensation. Members may serve a maximum of two (21 consecutive teams.
Sec. 2-142. Removal; filling vacancies.
Members of the code enforcement board may be removed from office by the city
commission for cause upon written chazges and after public hearing. Any member who
fails to attend Hve{~}eat-ef three (3) consecutive meetings without cause ~eut
shall have his office declazed vacant unless
the member's absence is excused by a majority of the board members and the city
commission shall promptly fill such vacancy. Vacancies shall be filled by appointment by
the mayor and approval of the city commission for the unexpired terms affected.
Section 2. Sections 14-18 and 14-19 of the Code of Ordinances of the City of Atlantic
Beach, Florida, creating the community development board, are hereby amended as follows:
Sec.14-18. Terms of office of members; filling of vacancies.
> >
AGENDA ITEM 7B
JULY 14, 2003
Page 2 of 3
Ordinance No. 5-03-42
Following the expiration of the
terms of office ofcunent boazd members the tens of office shall be for two (weazs and
members may serve a maximum of four (4) consecutive terms. All terms shall expire on
December 31 of the proper yeaz. Any vacancy during the unexpired term of an appointed
member shall be filled by the city commission for the remainder of the term
Sec. 14-19. Removal of Members
Any member of the community development board may be removed for cause by the city
commission upon written chazges and after public hearing. Any member who fails to attend (3)
consecutive meetings without cause shall have his office declazed vacant unless the member's
absence is excused by a majority of the boazd members, and the city commission shall promptly
fill such vacancy
Section 3. Section 23-19 of the Code of Ordinances of the City of Atlantic Beach,
Florida is hereby amended and a new Section 23-20 is created as follows:
Sec. 23-19. Tree Conservation Board.
(b) All members of the board will serve without pay.
.. r n,...,... •r...;. i~~ r -ri„n f21 in.,-~ .,..a a...ee iz~ r ...t. .. ia~ a •t t.
. Following the expiration of
the terms of office of current boazd members the term of office shall be for two {2Zyeazs and
members may serve a maximum of four {4lconsecutive terms. Vacancies caused by death,
resignation, or otherwise shall be filled immediately for the unexpired term in the same manner
as the original appointments are made.
Sec. 23-20. Removal of Members
Anv member of the tree conservation boazd may be removed for cause by the city
commission upon written chaz~es and aRer public heazing Any member who fails to attend (,
consecutive meetinQS without cause shall have his office declared vacant unless the member's
absence is excused by a majority of the board members and the city commission shall pmm,~tly
fill such vacancy;
Section 4. This ordinance shall take effect immediately upon its final passage and
adoption.
AGENDA ITEM 7B
JiILY 14, 2003
Page 3 of 3
Ordinance No. 5-03-42
PASSED BY THE CITY COMMISSION on first reading this _ day of _ 2003.
PASSED BY THE CITY COMMISSION on second reading this _ day of_ 2003.
JOHN S. MESERVE
Mayor
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
MAUREEN KING, CMC
City Clerk