Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

of the city, except as 446 authorized by the city council or permitted pursuant to the procedure set forth in 447 section 8. 3 of the code, as amended 448 ger-,- e . 449 450 451 9. 06.02 Prohibited Noises Defined: The following acts and omissions are 452 hereby, prohibited: 453 ( 1) Horns and other signaling devices. The sounding of any horn or other 454 signaling device on any motor vehicle on any street or public place of the city, 455 except as specifically permitted or required by law, or as a danger warning, and 456 the sounding of any such device for any unnecessary period of time. 457 458 ( 2) Exhausts. The discharge into the open air of the exhaust of any steam 459 engine, stationary or portable internal combustion engine, or motor vehicle, 460 except through a muffler in good repair or other device that effectively prevents 461 loud or disturbing noises, provided that where such steam engine, stationary or 462 portable internal combustion engine or motor vehicle is enclosed within a building 463 used for industrial or commercial purposes, a reasonable level of such noise will 464 be permitted. This subsection shall not apply to aircraft or to supporting ground 465 equipment for aircraft. 466 467 ( 3) Loudspeakers, amplifiers or noise devices for advertising. The use of any 468 radio or television set, instrument, phonograph, loudspeaker, sound musical 469 amplifier, bell, drum, horn or other machine or device for the production or 470 reproduction of sound directed upon public streets for the purpose of commercial 471 advertising or attracting the attention of the public to any building, structure or 472 tent. Temporary exceptions for civic events, for civic or religious organizations or 473 for the playing of music during the Christmas season only may be authorized by 474 the city manager for such periods of time and under such conditions as may be 475 consistent with the public interest. 476 128- 477 ( 4) Radios, television sets, phonographs, etc. The playing of any radio or 478 television receiving set, musical instrument, phonograph or other machine or 479 device for producing or reproducing sound in such a manner as to disturb the 480 peace, quiet and comfort of the neighboring inhabitants. 481 482 ( 5) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the 483 public streets, or at any other place, so as to annoy or disturb the quiet, comfort 484 or repose of persons in any office, or in any dwelling, hotel or other type of 485 residence, or of any person in the vicinity. 486 487 ( 6) Domestic pets. The keeping of any domestic bird or animal which emits 488 frequent or long continued noise so as to disturb the peace, quiet and comfort of 489 the neighboring inhabitants. 490 491 ( 7) Tools. The use in a residential zone or in the vicinity of a hotel or motel of 492 hand or power tools or machinery, resulting in loud and disturbing noises, 493 between the hours of 10:00 p. m. and 7:00 a. m. 494 495 ( 8) Hawkers, peddlers and The shouting and crying of peddlers, vendors. 496 hawkers or vendors on any public street or place or on private property so 497 closely adjacent thereto that crowds may be collected and traffic obstructed 498 thereon, except as permitted pursuant to the procedure set forth in section 8. 3 of 499 the code, as amended. 500 501 ( 9) Sirens. The sounding of sirens on escort services, except where specifically 502 required or permitted by law and not for the purpose of calling attention to a 503 vehicle or caravan, and the sounding of a siren on an ambulance, except when 504 operated in response to an emergency call and when reasonably necessary to 505 warn pedestrians and other drivers of the approach thereof. 506 507 9.06.03 Exceptions to Prohibited Noises: None of the preceding provisions 508 shall apply to emergency situations where life, health or property is at stake or to 509 intermittent situations arising out of industrial research and development work 510 carried on in areas zoned for industrial purposes, nor to those normal situations 511 of community life where noise is inherent and has long been accepted by the 512 community, such as activities during school recess and at public parks and 513 athletic contests, and otherwise as permitted pursuant to the procedure set forth 514 in section 8. 3 of the code, as amended. 515 516 517 518 519 Section 5. Severability 520 Should any provision or portion of any provision in this ordinance be 521 declared by a court of competent jurisdiction to be invalid, such decision shall not 522 affect the remainder of the provisions herein. 523 524 Section 6. Conflicting Provisions 129- 525 In the event any previously adopted ordinance, or part of those 526 ordinances, its in conflict with the provisions of this ordinance, the provisions of 527 this ordinance shall prevail. 528 529 Section 7. Effective Date 530 This Ordinance shall take effect immediately upon approval by the City 531 Council and signature of the Mayor. 532 533 534 Adopted: 535 Mike Anderson, Mayor 536 537 538 Attest: Approved for form and legal sufficiency. 539 540 541 Helen Spencer, City Clerk Toni L. Craig, City Attorney 542 543 544 545 New language is underlined. 546 Deleted language is GtFiGWR. 547 Codification Instructions: Section 1, 5, 6, 7 are not codified. 548 Sections 2, 3, and 4 are codified and change the Code of Ordinances as stated. 130-  CITY COUNCIL MEETING February 23, 2010 Discussion - Direction - Action Action Code Enforcement Settlement - Godwin property Synopsis: Staffand CE attorney recommend settlement of code enforcement case for $S, 000 Agenda Item Number: 9. 1  CITY OF FORT WALTON BEACH MEMORANDUM To: Robert T. Mearns, City Manager From: Timothy Bolduc, Building Official Through: Michael D. Beedie, P. E., City Engineer Date: February 1, 2010 Subject: Settlement Agreement for Liens on Code Enforcement Fines at 205 & 207 Florida Place SE ( Code Enforcement Case Nos. 05 -1052, 06 -395, & 07 -1142) 1. BACKGROUND: 1. 1 From 2005 through 2008, there have been not less than three code enforcement cases on two properties in the City of Fort Walton Beach, 205 and 207 Florida Place SE. The current property owners of these properties are Mr. Ladon Dewrell for 207, and Vanguard Bank and Trust for 205. 1. 1. 1 The first case ( Code Enforcement Case No. 05 -1052) found the property at 207 Florida Place SE in violation for nuisance on September 29, 2005. The violation included grass height, maintenance, and an unsafe building condition. The structure was partially demolished with exposed electrical, plumbing, and structural elements. 1. 1. 1. 1 The case was heard before the Code Enforcement Board on November 9, 2005, at which time an Order I was issued. The Order included a date of compliance of December 9, 2005 and an administration fee of $210. 1. 1. 1. 2 The property was re- inspected on December 16, 2005, and was found to be in non -compliance resulting in a second hearing before the Code Enforcement Board on February 8, 2006. The hearing resulted in an Order II, which included conditions to impose a fine of $250 per day for every day the property was not in compliance following March 10, 2006, with an additional $ 325 administration fee. 1. 1. 2 The second case ( Code Enforcement Case No. 06 -395) found the property at 205 Florida Place SE in violation for sign and roof maintenance on March 1, 2006. The sign violation was brought into compliance prior to the issuance of an order resulting in a recorded violation for roof maintenance. 1. 1. 2. 1 The case was heard before the Code Enforcement Board on July 12, 2006, at which time an Order I was issued. The Order consisted of a compliance 131-  date of August 11, 2006, and was accompanied by a $ 325 administration fee. 1. 1 „ 2.2 The Property was re- inspected on or after August 11, 2006, and was found to be in non -compliance resulting in a second hearing on September 13, 2.006. The hearing resulted in an Order II, which included conditions to impose a fine of $250 per day beginning on August 11, 2006, with an additional $ 325 administration fee. 1. 1. 3 The third case ( Code Enforcement Case No. 07 -1142) was for nuisance abatement actions against the property located at 207 Florida Place SE. 1. 13. 1 The property was noticed and posted in accordance with the provisions of t'he Code of Ordinances for Abatement. 1. 1. 3. 2 A request to demolish the subject structure was brought to the City Council on October 23, 2007. However, no representative for the property owner appeared to contest the abatement. City Council approved the demolition of the building and the placement of a lien against the property for the incurred costs of the abatement. 1. 1. 3. 3 The building was subsequently demolished and a lien of $9, 497. 00 was placed on the property to recover the incurred costs. 2. DISCUSSION: 2. 1 As a result of the liens filed for all of the above mentioned cases, all properties owned by Mrs. Godwin were subject to action by the City for collection of the lien. In additiona to the properties at 205 and 207 Florida Place SE, Mrs. Godwin owned three properties Lots 1, 2, and 7) in Grand Oaks in Destin, Florida. 2. 1. 1 Some if not all of these properties were sold within the last several years. At the time of each sale, a title search was performed, but the liens were not discovered and the City was not notified.