Exh 8EAGENDA ITEM #8E
OCTOBER 14, 2002
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Proposed change to the City Ordinance, Chapter 12, Sec 12-1 to
include the addition of dirt intrusion into the City's streets, gutters
and catch basins.
SUBMITTED BY: Alexander J. Sherrer. Code Enforcement Officer
DATE: October 7, 2002
BACKGROUND: The City of Atlantic Beach currently has no ordinance to protect
it's streets, gutters, and catch basins from excess amounts of dirt,
debris or any other substances~from being deposited in or upon
.their surfaces. While ordinances .exist that prohibit illegal and
willful dumping, there is no ordinance to protect against the
careless or neglectful behavior of persons residing or working
within the City limits. .
The proposed amendment would enable Code Enforcement
mechanisms and procedures required to sufficiently enforce and
protect the citizens of Atlantic Beach and its infrastructure from
hazards not currently addressed.
ATTACHMENT: Current Ordinance, Chapter 12 with proposed addition.
RECOMMENDATION: City Commission consider proposed amendrr~ent to City Ordinance
" Chapter 12, Sec 12-1 and schedule amendment for a public hearing
and first reading on October 28, 2002.
FUNDING: No funds are required for this action.
CITY MANAGER:
AGENDA ITEM #8E
OCTOBER 14, 2002
Chapter 12 NUISANCES*
*Cross reference(s)--Nuisance control board, § 2-161 et seq.; nuisance animals, § 4-6;
noise, Ch. 11; abandoned, wrecked, junked, inoperable, etc., vehicles, § 21-24.
State law reference(s)--Abatement of nuisances by injunction, F.S. § 60.05; nuisances
injurious to health, F.S. Gh. 386; public. nuisances, F.S. Ch. 823. '
Sec. 12-1. Enumeration.
(a) It shall be unlawful for any person, natural or corporate, 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 in any street, alley or other public place, or in any house,
building, premises, sewer, or gutter, any filth, garbage, noxious substance, or any
waste paper, rags, or any 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 weeds growing thereon, or by depositing of rubbish of any kind which
may be injurious to the health and well-being of the community;.
(4) To allow, suffer or permit any stagnant water to accumulate or stand upon the
surface of the ground or upon or within any receptacle or structure deposited or
erected, either 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, such as hogs, horses, chickens,
rabbits and guinea pigs in any manner which may be injurious to the health and
well-being of any person due to noxious odors, noise, etc.
AGENDA ITEM #8E
OCTOBER 14, 2002
(6) Any attraction 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, abandoned refrigerators and
motor vehicles, or any structurally unsound fences or structures, or any lumber,
debris or vegetation, which may prove a hazard for inquisitive minors.
(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 motor vehicle, icebox, refrigerator, stove; glass, building material,
building rubbish, 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 owning. shopping. carts to allow such carts to be removed from the
owner's premises unless such person has a written policy 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 anv person to allow excessive amounts of dirt, debris, or anv other substance
to collect in anv gutter, or catch basin, or to accumulate on anv road surface
causing the surface to become obstructed, uneven or defaced.
. (c) For any person to dischazge water from awater-source heat pump onto a public street
or storm drainage system unless such dischazge 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 appear to the city manager after investigation that any acts,
occurrences or conditions prohibited by section 12-1 have happened or exist within the city, the
city manager 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. The order shall be served upon the owner or
occupant or person having the care or custody of the particular property involved, if he is found
upon the premises or within the city, or shall be delivered by mail, return receipt requested. In any
case where the owner, occupant or custodian cannot be found within the city, after reasonable and
diligent inquiry, and whereby the mail is unable to be delivered, the order shall be posted in a
conspicuous place upon the premises. The order shall be worded in the manner similar to the