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HomeMy Public PortalAbout20190509Packet.pdfMAYOR CITY MANAGER Jason Buelterman Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Wanda Doyle CITY ATTORNEY Julie Livingston Edward M. Hughes Monty Parks Shirley Sessions CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL May 09, 2019 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Executive Session Opening Ceremonies Call to Order Invocation Pledge of Allegiance Consideration of the approval of the minutes of the meetings of the Tybee island City Council 1. City Council Minutes, April 25, 2019 Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. 2. Mack Kitchens, Dune Restoration and future Beach Re-nourishment 3. Concerned Citizens of Tybee Island Consideration of Approval of Consent Agenda Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License 4. Council Approval for Special Events Application, Remembrance Parade on 6/16/19 from 7am to 11am along bike route from Alley 3 to the Pier Consideration of Bids, Contracts, Agreements and Expenditures 5. Out of State Travel, Melissa Freeman, St Augustine, FL, to attend Institute for Public Procurement Training, June 12 - 14, 2019. See attached for appropriate budget line item 6. Contract, Expert Laser Services, Replacement of Copiers in City Hall Page 1 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 7. Approval to amend the SPLOST 2014 Fund fiscal year 2018-19 Capital Budget of $1,340,575.29 by transferring $7,000 from the contingency fund line item to the Fire Department's budget for additional related equipment to the mobile commend unit vehicle. See attached for associated line items. 8. Sprint Fiber Work, 111 Butler Avenue, Water Tower Consideration of Ordinances, Resolutions 9. Second Reading, 2019-03, Graffiti, Sec 22-33-42 10. Second Reading, 2019-04, Disorderly Household 11. Second Reading, STVR, 2019-09, Sec 34-261 Council, Officials and City Attorney Considerations and Comments 12. Jason Buelterman, Use of State funds for additional Federal re-nourishment and dunes 13. George Shaw - Request to Amend the C-2 District Zoning Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City C lerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” Page 2 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Special Events Application Remembrance Parade Sunday, June 16th 7am to 11am Along the bike route from Alley 3 to the Pier (not requesting any road closures) Initial Internal Email Review - Items of concern from Department Heads: - Noise (2 Drums) : o I have concerns about a drum processional beginning at 7 am on a Sunday morning. I fear we may get some complaints about this. (Community Development Director)  2 videos to give an idea of how loud the sound would possibly be https://www.youtube.com/watch?v=6bhtcFmIOjQ and https://www.youtube.com/watch?v=HBSSFHv2Nm4 o Noise ordinance? (Public Works Superintendent) o The decibel levels will violate the noise ordinance in the residential areas they are passing through. It would take council approval to allow them to violate the noise ordinance (City Manager) - Route: o The route the procession takes through 17th st and butler ave will be very busy that time depending on weather. (Police Major) Initial Internal Email Review - Previously addressed administratively items of concern from Department Heads: - Also what are they doing at the pier and or entering the water? (Fire Cheif) o I have no intentions of leading any participants into the water. We plan to say our "goodbyes" and "thank yous" at the pier. Maybe with a little more drumming and then we're done because I had to rent the pier for 2 hours. But of course, once I end the event, what people do afterwards will not be connected to the event. (Event Organizer) o Clear on top of the pier just confirming. Thank you! (Fire Cheif) - 2 questions - ISIS Moon? Is that associated with ISIS? Is Congo and Kongo the same thing different spelling? (Police Chief) o Kongo is a historical and former kingdom in west-central Africa, located south of the Congo River, present-day Angola and Democratic Republic of the Congo. So one is present day and one is historical. o Isis is an Egyptian Moon goddess. That may be the reference in the DBA name. (City Manager) o The website for the organization reads, (organization website) Page 10 Learn More About Isis Moon Isis moon has been placed here to help in your spiritual journey and manifest desires into you r physical reality. We are not here to depict any particular religion. The word "Isis" is used solely to symbolically represent our community and demonstrate the background of a strong culture. Isis Moon is headed by Iya J. Oyinleye. Service and work perfo rmed is focused on helping the community achieve success in their life, helping them stay on track and helping to remember as well as understand their purpose in this life. o Excellent sounds like a good event. Thank you (Police Chief) Items addressed at Meeting with Department Heads prior to submission for Council consideration: - Exact Parade procession start time from Alley 3? (City Manager) and approximate time this would put the crossover on 17th St and Butler Ave? (TIPD) o It is scheduled to meet on Alley St at 7am and start walking between 7:30-8am, not sure exactly when this would put the parade at the Butler Ave crossover but the Pier is reserved for the event from 10am to 2pm (Event Organizer) - Where will everyone be parking? (Parking Services Director) o The public parking lots by the pier, may have a van shuttle people to the starting point at Alley 3 from the parking lot early that morning (Event Organizer) - How many people? (Municipal Court Director) o This is the first time for this event so I am not sure, I know at least 20-25 people. I don’t think there will be more than 50 people (Event Organizer) - Would you be all right with changing the route? (City Manager) o Yes, I would be open to having the route change to different streets if that works better. I would just like for the route to remain a short route to the Pier, not looking for a long distance of walking (Event Organizer) - Questioned if drums would still be included ? There had been prior communication about not having the drums when initial concerns were expressed (Community Development Director) o Would like to have the 2 drums included, did not want to be too loud but feel it will be more of a celebration if there is music included. Would be willing to not have the drums played until out of the residential area if Council feels there would be too much of a noise impact on residents (Event Organizer) - If police presence is necessary, it was discussed that would be worked out directly with the event organizer and TIPD. It was mentioned that if the parade procession was early enough it would not be a problem to have an officer in that area. - With the initial concern expressed about the noise of the drums during the procession through the residential area, I extended our time at the pier for 2 additional hours. So there will be a longer time from of drumming, dancing and singing at the pier than I first planned for. The event organizer also wanted to add that the initial information about the pier rental for 2 hours has changed. In response to the initial concern expressed about the noise of the drums during the procession through the residential area, she extended the time at the pier for 2 additional hours. So there will be a longer time from of drumming, dancing and singing at the pier than first planned for. Page 11 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Page 12 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 5. Out of State Travel, Melissa Freeman, St Augustine, FL, to attend Institute for Public Procurement Training, June 12 - 14, 2019. See attached for appropriate budget line item Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 6. Contract, Expert Laser Services, Replacement of Copiers in City Hall Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 7. Approval to amend the SPLOST 2014 Fund fiscal year 2018-19 Capital Budget of $1,340,575.29 by transferring $7,000 from the contingency fund line item to the Fire Department's budget for additional related equipment to the mobile commend unit vehicle. See attached for associated line items. Page 29 MAYOR Jason Buelterman CITY COUNCIL Barry Brown Mayor Pro Tem Wanda Doyle Julie Livingston Jackson Butler Monty Parks John Branigin CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org City Council Agenda Item Request Council Meeting Date for Request: May 9, 2019 Item: The purpose of this agenda item is seek the City Council’s approval to amendment the SPLOST 2014 Fund fiscal year 2018-2019 capital budget of $1,340,575.29, by transferring $7,000 from the contingency fund line item to the Fire Department’s budget to pay for the additional related to the mobile command unit vehicle. Explanation: The purpose of this agenda item is seek the City Council’s approval to amend the SPLOST 2014 Fund’s fiscal year 2018-2019 capital budget by transferring $7,000 from the contingency line item, 322.9000.57.1000 to the Fire Departments’ Vehicle line item, 322.3510.54.2200. The transfer is needed in order to cover the balance owed for the mobile command unit vehicle. The total cost of the vehicle will be $276,000. The current budget balance is $270,147.63. Budget Line Item Number (if applicable): Current Budget Balance Amendment Amended Budget Contingency 322.9000.57.9010 $398,542.29 ($7,000) $391,542.29 Vehicles 322.3510.54.2200 $270,147.63 $7,000 $277,147.63 Paper Work: ____ Attached* Already Distributed Submitted by: Angela Hudson Phone / Email: (912) 472-5021/ahudson@cityof tybee.org May 2, 2019 Date given to Clerk of Council Page 30 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 8. Sprint Fiber Work, 111 Butler Avenue, Water Tower Page 31 CASCADE: AT03AW057 site development, architecture & engineering, construction 540 West Madison Street, 8th Floor, Chicago, IL 60661 T 312.895.4977 F 312.895.4971 www.sacw.com April 30, 2019 Tybee Island City Hall 403 Butler Ave Tybee Island, GA 31328 RE: Water Tower Attachment Lease Agreement between Tybee Island City Hall (“Landlord”), and Sprint Spectrum Realty Company, LLC (formerly a limited liability company), a Delaware limited liability company, successor in interest to Sprint Spectrum L.P. (successor by merger with Airgate PCS, Inc. and its wholly owned subsidiary AGW Leasing Company, Inc.) (“Sprint”), dated November 11, 1999 (“Site Agreement”), with respect to the real property located at 111 Butler Ave, Tybee Island, GA 31328, Cascade No. AT03AW057 (“Site”) Dear Sir or Madam: This letter is to advise you that it will be necessary within the near future for Sprint to make certain physical modifications to equipment within Sprint’s premises at the Site. These improvements are being undertaken in order to ensure the continued technical and economic feasibility of Sprint’s facility, and are needed for Sprint to make optimal use of the Site for the purposes intended by the Site Agreement. As described below, these modifications should have no significant impact on Landlord’s property or operations. However, in accordance with the Site Agreement, Sprint requests that Landlord acknowledge notice of, and consent to, the following modifications which are specifically described below and in the Construction Drawings annexed hereto: Installing new fiber lines through existing and new conduit along existing and new utility routes and installing a small router and network panel existing equipment enclosures within existing leased space. See attached site sketch. Initial Here: ________ Page 32 CASCADE: AT03AW057 site development, architecture & engineering, construction 540 West Madison Street, 8th Floor, Chicago, IL 60661 T 312.895.4977 F 312.895.4971 www.sacw.com Please indicate the Landlord’s acknowledgement, consent and approval for Sprint to proceed with the modifications outlined above by signing below and returning one copy of this letter to me via fax to the attention of Emily Petty at (312) 895-4977 or scan and email the Consent Letter to Emily.petty@sacw.com. Alternatively, the letter can be returned by regular mail to Emily Petty at 540 W. Madison, 8th Floor, Chicago, IL 60661. Thank you in advance for your prompt attention to this matter. Regards, By: Emily Petty SAC Wireless, an authorized representative of Sprint Emily Petty | Specialist Site Development | O: 312-895-4977 SAC Wireless, 540 West Madison Street, 8th Floor, Chicago, IL 60661 emily.petty@sacw.com | www.sacw.com ACKNOWLEDGED AND AGREED TO: Tybee Island City Hall _________________________ Printed Name: _____________ Title: ____________________ Date: ______________, 201__ Landlord Contact Email address: ________________________ Landlord Contact Name and Number for Access and/or work scheduling: Access Contact Name: _____________________________ Access Contact Number: ___________________________ Page 33 Page 34 Page 35 9N.T.S. SCALE 6N.T.S. SCALE 8N.T.S. SCALE7N.T.S. SCALE 5N.T.S. SCALE4N.T.S. SCALE 3N.T.S. SCALE2N.T.S. SCALE1N.T.S. SCALE Page 36 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 9. Second Reading, 2019-03, Graffiti, Sec 22-33-42 Page 37 ORDINANCE NO. 03___-2019 (Previously 10-2018) AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING GRAFFITI WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section __________ relating to graffiti. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section _____________ dealing with graffiti so that hereafter the section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section ___________ to be added so that hereafter such section shall read follows: Sec. ___________________. Sec. ___-1. Purpose and Intent. The City Council of the City of Tybee Island is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this ordinance pursuant to its police powers under Georgia law, as well as the City Charter, to provide for the removal of graffiti from private and public property. Sec. ___-2. Findings; Nuisance. Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners, as well as the entire community. Unless Page 38 2 the City acts to require the removal of graffiti from public and private property, the graffiti tends to remain and other properties then become the target of graffiti and entire neighborhoods are affected and become less desirable all to the detriment of the City. Further, the City finds that rapid or prompt removal (less than 72 hours) serves as a deterrent to future defacement and such defacement is less likely to reappear. The City finds that graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, signage, other structures, trees, and other real and personal property within the City constitutes a nuisance. The City Council intends, through the adoption of this ordinance to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. This ordinance is not intended to conflict with any existing state laws prohibiting or impacting graffiti. Sec. ___-3. Definitions. For purposes of this ordinance, the following words shall have the meanings respectively subscribed to them in this section except where the context clearly indicates a different meaning: (a) Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substance capable of defacing property. (b) Broad tip marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble. (c) Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface. (d) Graffiti means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or Page 39 3 otherwise affixed to any surface of public or private property by any graffiti implement to the extent that the graffiti was not authorized in advance of the owner or occupant of the property or, despite advance authorization, is otherwise deemed a public nuisance by the City Council. See also O.C.G.A. § 17-15A-2 which is incorporated herein by reference. (e) Graffiti abatement shall mean the abatement procedure that identifies graffiti, issues notices to the landowner to abate the graffiti, and cures or removes such graffiti in absence of a response. (f) Graffiti implement means an aerosol paint container, a broad tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush, or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. (g) Gum label means any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, whether the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts including, but not limited to, decals, stickers, patches, stamps, or labels. (h) Paint stick or graffiti stick means any device confirming a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. (i) Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (j) Private contractor means any person with whom the City shall have contracted to remove graffiti. Page 40 4 (k) Remove or removal. To remove or the removal of graffiti shall mean to restore or repair the area impacted by graffiti on a structure as nearly as practicable to its condition and appearance as it existed immediately before the application of the graffiti. Sec. ___-4. Graffiti prohibited. It shall be a violation of this section for any person to write, paint, draw, carve, scratch, erect, or place upon any wall, rock, bridge, building, fence, gate, signage, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure, or mark of any type which is commonly known or referred to as “graffiti.” Any such “graffiti” shall be removed or eradicated within 72 hours of notificationits first appearance. Sec. ___-5. Violation. A violation of any of the provisions of this section shall be punishable by fine, restitution, or other penalty as provided by the City Code. Sec. ___-6. Notice to Remove. (a) Whenever the City’s Code enforcement officer or his designee determines that graffiti exists on any private property which is visible to any person utilizing any public road, parkway, alley, sidewalk, or other right of way or any public park or property, the Code enforcement officer shall cause a notice to be issued to abate such nuisance. The property owner shall be given three (3) days from the date of the notice to remove the graffiti or the same will be subject to abatement by the City. (b) The notice to abate graffiti pursuant to this section shall be a written notice and shall be served upon the owner(s) of the affected property, as such owner(s) name and address appears on the last property tax assessment rolls of Chatham County, Georgia. If there is no Formatted: Font color: Auto, Not Highlight Page 41 5 known address for the owner, the notice shall be sent to the property address. The notice may be served in any of the following manners: (1) By personal service on the owner, occupant, or manager of the property; (2) By registered or certified mail addressed to the owner; or (3) By posting a copy on the property. Sec. ___-7. Removal by City; lien. Upon failure of the owner(s) to comply with the notice to remove, the code enforcement officer shall issue a notice to appear before the code enforcement board. The City Manager shall be permitted to allow the city or private contractor to remove the graffiti and charge any costs associated with removal to the owner of the property. The City Manager shall not be limited to removal by the city or a private contractor and may allow any fines, restitution, or other penalty to become a lien against the property. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Page 42 6 4372599.1 000572-000572 Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-572-1 Page 43 ORDINANCE NO. 03-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING GRAFFITI WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section __________ relating to graffiti. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, Section _____________ dealing with graffiti so that hereafter the section and Code shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended so as to cause Section ___________ to be added so that hereafter such section shall read follows: Sec. ___________________. Sec. ___-1. Purpose and Intent. The City Council of the City of Tybee Island is enacting this ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The Council is authorized to enact this ordinance pursuant to its police powers under Georgia law, as well as the City Charter, to provide for the removal of graffiti from private and public property. Sec. ___-2. Findings; Nuisance. Council finds that graffiti is a public nuisance and destructive of the rights and values of property owners, as well as the entire community. Unless the City acts to require the removal of graffiti from public and private property, the graffiti tends Page 44 2 to remain and other properties then become the target of graffiti and entire neighborhoods are affected and become less desirable all to the detriment of the City. Further, the City finds that rapid or prompt removal (less than 72 hours) serves as a deterrent to future defacement and such defacement is less likely to reappear. The City finds that graffiti and other defacement of public and private property, including walls, rocks, bridges, buildings, fences, gates, signage, other structures, trees, and other real and personal property within the City constitutes a nuisance. The City Council intends, through the adoption of this ordinance to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. This ordinance is not intended to conflict with any existing state laws prohibiting or impacting graffiti. Sec. ___-3. Definitions. For purposes of this ordinance, the following words shall have the meanings respectively subscribed to them in this section except where the context clearly indicates a different meaning: (a) Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or other substance capable of defacing property. (b) Broad tip marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble. (c) Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface. (d) Graffiti means any unauthorized inscription, word, figure, painting, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement to the Page 45 3 extent that the graffiti was not authorized in advance of the owner or occupant of the property or, despite advance authorization, is otherwise deemed a public nuisance by the City Council. See also O.C.G.A. § 17-15A-2 which is incorporated herein by reference. (e) Graffiti abatement shall mean the abatement procedure that identifies graffiti, issues notices to the landowner to abate the graffiti, and cures or removes such graffiti in absence of a response. (f) Graffiti implement means an aerosol paint container, a broad tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush, or any other device capable of scarring or leaving a visible mark on any natural or man-made surface. (g) Gum label means any substance consisting of a material such as, but not limited to, paper, fabric, cloth, plastic, vinyl and/or any other similar material, whether the material also contains one or more surfaces containing a substance such as, but not limited to, any material commonly known adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts including, but not limited to, decals, stickers, patches, stamps, or labels. (h) Paint stick or graffiti stick means any device confirming a solid form of paint, chalk, wax, epoxy, or similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width. (i) Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (j) Private contractor means any person with whom the City shall have contracted to remove graffiti. Page 46 4 (k) Remove or removal. To remove or the removal of graffiti shall mean to restore or repair the area impacted by graffiti on a structure as nearly as practicable to its condition and appearance as it existed immediately before the application of the graffiti. Sec. ___-4. Graffiti prohibited. It shall be a violation of this section for any person to write, paint, draw, carve, scratch, erect, or place upon any wall, rock, bridge, building, fence, gate, signage, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure, or mark of any type which is commonly known or referred to as “graffiti.” Any such “graffiti” shall be removed or eradicated within 72 hours of notification. Sec. ___-5. Violation. A violation of any of the provisions of this section shall be punishable by fine, restitution, or other penalty as provided by the City Code. Sec. ___-6. Notice to Remove. (a) Whenever the City’s Code enforcement officer or his designee determines that graffiti exists on any private property which is visible to any person utilizing any public road, parkway, alley, sidewalk, or other right of way or any public park or property, the Code enforcement officer shall cause a notice to be issued to abate such nuisance. The property owner shall be given three (3) days from the date of the notice to remove the graffiti or the same will be subject to abatement by the City. (b) The notice to abate graffiti pursuant to this section shall be a written notice and shall be served upon the owner(s) of the affected property, as such owner(s) name and address appears on the last property tax assessment rolls of Chatham County, Georgia. If there is no Page 47 5 known address for the owner, the notice shall be sent to the property address. The notice may be served in any of the following manners: (1) By personal service on the owner, occupant, or manager of the property; (2) By registered or certified mail addressed to the owner; or (3) By posting a copy on the property. Sec. ___-7. Removal by City; lien. Upon failure of the owner(s) to comply with the notice to remove, the code enforcement officer shall issue a notice to appear before the code enforcement board. The City Manager shall be permitted to allow the city or private contractor to remove the graffiti and charge any costs associated with removal to the owner of the property. The City Manager shall not be limited to removal by the city or a private contractor and may allow any fines, restitution, or other penalty to become a lien against the property. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Page 48 6 4372599.1 000572-000572 Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-572-1 Page 49 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 10. Second Reading, 2019-04, Disorderly Household Page 50 1 ORDINANCE NO. 07 04-20198 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY ADDING AN ARTICLE DEFINING AND REGULATING A DISORDERLY HOUSE NUISANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island to define and regulate a disorderly house nuisance, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Chapter 22 of the Code of Ordinances of the City of Tybee Island is hereby amended to create a new article to be designated as Article IIA, Disorderly House Nuisance to hereafter read as follows: ARTICLE IIA DISORDERLY HOUSE NUISANCE CODE. SECTION 22-33 GENERAL DEFINITIONS. For the purposes of this Article, the following definitions shall apply: 1. “Dwelling” means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same Premises. 2. “In or on the premises of any Dwelling” means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located. Page 51 2 3. “Occupant” means any person who lives in or has possession of, or holds an occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee. 4. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or one with an interest recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court. SECTION 22-34 DISORDERLY HOUSE NUISANCE DEFINED. A “Disorderly House Nuisance” is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day period. 1. One or more felonies or Three (3) misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Georgia, and/or the ordinances of the City of Tybee Island; or 2. Three (3) or more violations of Chapter 10 of the Code of the City of Tybee Island, relating to animals and fowls, arising out of separate and distinct facts and circumstances; or 3. Three (3) or more violations of Article II, Article III, or Article IV of Chapter 22 of the Code of the City of Tybee Island, relating to nuisances, property maintenance, and/or noises arising out of separate and distinct facts and circumstances; or 4. Three (3) or more violations of Chapter 42 of the Code of the City of Tybee Island, relating to various offenses, arising out of separate and distinct facts and circumstances; or 5. A combination of three (3) offenses s from any of the above categories, arising out of separate and distinct facts and circumstances. 6. For purposes of this section and this ordinance, a person’s unexcused failure to appear to answer a charge or the failure to pay a fine in lieu of an appearance is to be considered the equivalent of a conviction and therefore, a violation. SECTION 22-35 VIOLATION. 1. No owner or occupant or manager of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. Page 52 3 2. An owner and/or occupant, as the case may be, shall be deemed to have allowed or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: a. The owner or occupant has personally committed the acts set forth in Section 22-34; or b. Such acts were committed by invitees of the occupant or owner; or c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or d. Such acts were committed by a combination of subsections a, b or c; or e. The owner, occupant and manager, if any, has or have been provided with the written notice of a Disorderly House Nuisance pursuant to Section 22-36, below, the facts alleged therein are true, and the owner or occupant and/or manager fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms. ANY NOTICE OF ABATEMENT DECISION OR AGREEMENT AND THE REQUIREMENTS THEREIN SHALL ATTACH TO THE PROPERTY INVOLVED REGARDLESS OF ANY CHANGE IN OWNERSHIP, OCCUPANCY OR MANAGEMENT AND ANY SUCH AGREEMENT OR DECISION SHALL SO PROVIDE SECTION 22-36 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE. No person shall be prosecuted for a violation of Section 22-35 until the City Manager or his designeeDirector of Community Development-Economic Director or such similar position as then exists (hereafter “Director”), or his designee, (hereinafter sometimes referred to herein as “Director”) shall serve such person or persons or entity with the notice provided herein, and the persons, or entity have or has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant who has not been personally served, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non-Occupant Owner, by restricted mail to his/her last known address, or, if none, to the address to which any tax statement is provided to such owner for the Dwelling and in the case of a property manager, to the business address of such manager. Such notice shall contain, at a minimum, the following: Formatted: Indent: Left: 0", First line: 0.5" Page 53 4 1. That a Disorderly House Nuisance exists, as defined by Section 22-34, at the location specified in the notice. 2. The date of the commission of the acts which constitute the basis for the Disorderly House Nuisance, the name(s) of the person(s) committing such acts, if known, and the offense committed, the violation time, date and type and the code section making such conduct or occurrence an offense with the case number, if applicable, and include a notice that additional violations of laws or ordinances at the location may result in the suspension or cancellation of a business permit or license to operate a non-owner occupied residential dwelling STVR at the location following a hearing or an opportunity for a hearing thereon before the city manager. 3. The date, time and place where the person is to appear, and meet with the Director or his designee, to participate in the Nuisance Abatement Conference. 4. That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 22-35 and the imposition of penalties, as proscribed by the Article and the Code of Ordinances. SECTION 22-37 NUISANCE ABATEMENT CONFERENCE. At the nuisance abatement conference, the Director or his designee, and the owner And/or occupant, and/or manager shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance. SECTION 22-38 NUISANCE ABATEMENT AGREEMENT. 1. At the conclusion of the nuisance abatement conference, the Director or his designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the Director or his designee needs more time to draft said proposed agreement, then a follow- up meeting shall be scheduled with the owner and/or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. 2. Any nuisance abatement agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner, the owner’s occupant and/or the owner’s manager occupant and/or manager for a period of twelve(12) months from the date of the Formatted: Indent: Left: 0" Page 54 5 original agreement entered into by the owner and/or his authorized designeeoccupant and/or manager, including the occupant or the manager, who are conclusively identified as authorized agents of the owner for all purposes in reference to an abatement agreement and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and/or occupant. a. Eviction of identified individuals from the dwelling in question, b. Written notification from the owner and/or occupant and/or manager to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling, c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity, d. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigation of crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting, e. Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance. 3. Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant and/or manager said owner and/or occupant and/or manager shall have forty- eight (48) hours to review it and enter into said agreement by signing it and returning it to the Community Development Director or his designee. SECTION 22-39 COMMENCEMENT OF PROSECUTION. The Director or his designee, may commence prosecution alleging a violation of this Article under the following circumstances: 1. The owner and/or occupant does not attend a conference with the City within the time period described previously. 2. The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section. 3. The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions. Page 55 6 Sec. 22-39.1. NON-OWNER OCCUPIED SHORT TERM RENTAL PROPERTIES. Notwithstanding any other provisions of the Code, in the event the property or dwelling in question is a location authorized or permitted for non-owner occupied short term vacation rentals, the permit and/or occupational tax certificate and/or license for the operation of such location may be revoked for ordinance or other violations as provided herein. Such revocation may occur following a notice being delivered to the owner, occupant and/or agency managing the property from the city manager requiring that an administrative hearing before the manager be held. Following such a hearing, or an effort to hold such a hearing in the event that the owner, occupier, or agent does not appear, the manager is authorized to suspend, revoke, place on probation with restrictions, or take other appropriate action with regard to the permit, occupational tax certificate, or business license for the location. The owner, occupant, or agent may app eal the manager’s decision to the Superior Court of Chatham County but, in the absence of a court order providing otherwise, the decision of the manager goes in force immediately, and an appeal does not act as a supersedeas. At the option of the manager, the procedures of Sec. 34-39 may be used to address license revocation proceed ings in lieu of the above. SECTION 22-40 ACTION TO ABATE PENALTIES. In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the Director or his designee, upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained as a Disorderly House Nuisance, may prosecute an action for equitable relief, in the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. SECTION 22-41 JUDGMENT. No judgment finding a violation of this ordinance shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. SECTION 22-42 PENALTIES. Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: 1. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and Page 56 7 2. Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; 3. Submitting tenancy lists on a periodic basis to the Police Department; 4. Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge. 5. Any other condition reasonably related to the objective of abating the Disorderly House Nuisance. The paragraph, section, or article numbers referred to herein and the order thereof may be changed or renumbered in the codification process without further action by the Mayor and Council. This Ordinance shall become effective on ________ day of __________________, 2019. ADOPTED THIS DAY OF , 2019. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL Page 57 8 4378893.1 000572-000572 FIRST READING: SECOND READING: ENACTED: Page 58 1 ORDINANCE NO. 04-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES BY ADDING AN ARTICLE DEFINING AND REGULATING A DISORDERLY HOUSE NUISANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island to define and regulate a disorderly house nuisance, NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that Chapter 22 of the Code of Ordinances of the City of Tybee Island is hereby amended to create a new article to be designated as Article IIA, Disorderly House Nuisance to hereafter read as follows: ARTICLE IIA DISORDERLY HOUSE NUISANCE CODE. SECTION 22-33 GENERAL DEFINITIONS. For the purposes of this Article, the following definitions shall apply: 1. “Dwelling” means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same Premises. 2. “In or on the premises of any Dwelling” means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located. 3. “Occupant” means any person who lives in or has possession of, or holds an Page 59 2 occupancy interest in, a Dwelling; or any person residing in or frequenting the premises of the Dwelling with the actual or implied permission of the Owner or lessee. 4. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the Dwelling; or one with an interest recorded in the official records of the state, county or municipality as holding title to the Dwelling; or otherwise having a control of the Dwelling, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of such property by a court. SECTION 22-34 DISORDERLY HOUSE NUISANCE DEFINED. A “Disorderly House Nuisance” is a Dwelling within which, or on the premises of which, any of the following offense(s) have occurred within a three hundred sixty-five (365) day period. 1. One or more felonies or Three (3) misdemeanors, arising out of separate, and distinct facts and circumstances, as defined by the statutes of the State of Georgia, and/or the ordinances of the City of Tybee Island; or 2. Three (3) or more violations of Chapter 10 of the Code of the City of Tybee Island, relating to animals and fowls, arising out of separate and distinct facts and circumstances; or 3. Three (3) or more violations of Article II, Article III, or Article IV of Chapter 22 of the Code of the City of Tybee Island, relating to nuisances, property maintenance, and/or noises arising out of separate and distinct facts and circumstances; or 4. Three (3) or more violations of Chapter 42 of the Code of the City of Tybee Island, relating to various offenses, arising out of separate and distinct facts and circumstances; or 5. A combination of three (3) offenses s from any of the above categories, arising out of separate and distinct facts and circumstances. 6. For purposes of this section and this ordinance, a person’s unexcused failure to appear to answer a charge or the failure to pay a fine in lieu of an appearance is to be considered the equivalent of a conviction and therefore, a violation. SECTION 22-35 VIOLATION. 1. No owner or occupant or manager of any Dwelling shall allow or permit such Dwelling to be, or become, a Disorderly House Nuisance. 2. An owner and/or occupant, as the case may be, shall be deemed to have allowed Page 60 3 or permitted a Dwelling to be, or become, a Disorderly House Nuisance, if: a. The owner or occupant has personally committed the acts set forth in Section 22-34; or b. Such acts were committed by invitees of the occupant or owner; or c. Such acts were committed by persons attending events, or functions, sponsored, permitted or allowed by the occupant or owner; or d. Such acts were committed by a combination of subsections a, b or c; or e. The owner, occupant and manager, if any, has or have been provided with the written notice of a Disorderly House Nuisance pursuant to Section 22-36, below, the facts alleged therein are true, and the owner or occupant and/or manager fails or refuses to enter into a Nuisance Abatement Agreement, or after entering into such Agreement, fails to comply with its terms. ANY NOTICE OF ABATEMENT DECISION OR AGREEMENT AND THE REQUIREMENTS THEREIN SHALL ATTACH TO THE PROPERTY INVOLVED REGARDLESS OF ANY CHANGE IN OWNERSHIP, OCCUPANCY OR MANAGEMENT AND ANY SUCH AGREEMENT OR DECISION SHALL SO PROVIDE SECTION 22-36 WRITTEN NOTICE OF DISORDERLY HOUSE NUISANCE. No person shall be prosecuted for a violation of Section 22-35 until the City Manager or his designee (hereinafter sometimes referred to herein as “Director”) shall serve such person or persons or entity with the notice provided herein, and the persons, or entity have or has either failed, or refused, to enter into the Nuisance Abatement Agreement, provided for hereinafter, or after entering into such Agreement, fails to comply with its provisions. Such Notice may be served on any person by personal service, or in the case of an occupant who has not been personally served, by restricted mail addressed to the address of the Dwelling, or, in the case of a Non-Occupant Owner, by restricted mail to his/her last known address, or, if none, to the address to which any tax statement is provided to such owner for the Dwelling and in the case of a property manager, to the business address of such manager. Such notice shall contain, at a minimum, the following: 1. That a Disorderly House Nuisance exists, as defined by Section 22-34, at the location specified in the notice. 2. The date of the commission of the acts which constitute the basis for the Disorderly Page 61 4 House Nuisance, the name(s) of the person(s) committing such acts, if known, and the offense committed, the violation time, date and type and the code section making such conduct or occurrence an offense with the case number, if applicable, and include a notice that additional violations of laws or ordinances at the location may result in the suspension or cancellation of a business permit or license to operate a non-owner occupied residential dwelling at the location following a hearing or an opportunity for a hearing thereon before the city manager. 3. The date, time and place where the person is to appear, and meet with the Director or his designee, to participate in the Nuisance Abatement Conference. 4. That failure to appear, or failure to make satisfactory arrangements for an alternative date and time, at the time and place designated in the notice may result in prosecution of a violation of Section 22-35 and the imposition of penalties, as proscribed by the Article and the Code of Ordinances. SECTION 22-37 NUISANCE ABATEMENT CONFERENCE. At the nuisance abatement conference, the Director or his designee, and the owner And/or occupant, and/or manager shall discuss the facts constituting the Disorderly House Nuisance and shall attempt to agree on specific actions that the owner and/or occupant can take to abate said Disorderly House Nuisance. SECTION 22-38 NUISANCE ABATEMENT AGREEMENT. 1. At the conclusion of the nuisance abatement conference, the Director or his designee shall submit to the owner and/or occupant a proposed written nuisance abatement agreement. If at the conclusion of the conference, the Director or his designee needs more time to draft said proposed agreement, then a follow- up meeting shall be scheduled with the owner and/or occupant, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement. 2. Any nuisance abatement agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the Disorderly House Nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, and the procedure for a modification of the agreement. A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the owner, the owner’s occupant and/or the owner’s manager for a period of twelve(12) months from the date of the original agreement entered into by the owner or his authorized designee, including the occupant or the manager, who are conclusively identified as authorized agents of the owner for all purposes in reference to an abatement agreement and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the owner and/or occupant. Page 62 5 a. Eviction of identified individuals from the dwelling in question, b. Written notification from the owner and/or occupant and/or manager to an identified individual or individuals that they are prohibited from entering onto the Premises of the Dwelling, c. Utilization of written leases containing a provision or provisions requiring eviction for criminal activity, d. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigation of crime, including but not limited to the erection of fences, installation of security devises upon the entrances or increased lighting, e. Any other reasonable condition or requirement designated to abate the Disorderly House Nuisance. 3. Once a proposed written nuisance abatement agreement or written modification to nuisance abatement agreement has been submitted to the owner and/or occupant and/or manager said owner and/or occupant and/or manager shall have forty- eight (48) hours to review it and enter into said agreement by signing it and returning it to the Community Development Director or his designee. SECTION 22-39 COMMENCEMENT OF PROSECUTION. The Director or his designee, may commence prosecution alleging a violation of this Article under the following circumstances: 1. The owner and/or occupant does not attend a conference with the City within the time period described previously. 2. The owner and/or occupant fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section. 3. The owner and/or occupant agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions. Sec. 22-39.1. NON-OWNER OCCUPIED PROPERTIES. Notwithstanding any other provisions of the Code, in the event the property or dwelling in question is a location authorized or permitted for non-owner occupied rentals, the permit and/or occupational tax certificate and/or license for the operation of such location may be revoked for ordinance or other violations as provided herein. Such revocation Page 63 6 may occur following a notice being delivered to the owner, occupant and/or agency managing the property from the city manager requiring that an administrative hearing before the manager be held. Following such a hearing, or an effort to hold such a hearing in the event that the owner, occupier, or agent does not appear, the manager is authorized to suspend, revoke, place on probation with restrictions, or take other appropriate action with regard to the permit, occupational tax certificate, or business license for the location. The owner, occupant, or agent may appeal the manager’s decision to the Superior Court of Chatham County but, in the absence of a court order providing otherwise, the decision of the manager goes in force immediately, and an appeal does not act as a supersedeas. At the option of the manager, the procedures of Sec. 34-39 may be used to address license revocation proceedings in lieu of the above. SECTION 22-40 ACTION TO ABATE PENALTIES. In addition to prosecution of the offense defined in this Article or pursuing any other remedies available under this Code, the Director or his designee, upon receipt of reliable information that any Dwelling within the corporate limits of the City is being maintained as a Disorderly House Nuisance, may prosecute an action for equitable relief, in the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the Dwelling in question from using or permitting its use in violation of the provisions of this ordinance. SECTION 22-41 JUDGMENT. No judgment finding a violation of this ordinance shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent the nuisance. Any owner and/or occupant who has complied with all conditions or requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance. SECTION 22-42 PENALTIES. Upon a finding of guilt under this Article, the Court may, in addition to other remedies permitted by the Code, impose a term of probation for a term of up to one (1) year, conditioned on any or all of the following: 1. The completion of improvements upon the Premises of the Dwelling which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting; and 2. Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity; 3. Submitting tenancy lists on a periodic basis to the Police Department; Page 64 7 4. Posting a cash bond of no less than the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge. 5. Any other condition reasonably related to the objective of abating the Disorderly House Nuisance. The paragraph, section, or article numbers referred to herein and the order thereof may be changed or renumbered in the codification process without further action by the Mayor and Council. This Ordinance shall become effective on ________ day of __________________, 2019. ADOPTED THIS DAY OF , 2019. _________________________________ MAYOR ATTEST: CLERK OF COUNCIL Page 65 8 4378893.1 000572-000572 FIRST READING: SECOND READING: ENACTED: Page 66 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 11. Second Reading, STVR, 2019-09, Sec 34-261 Page 67 1 ORDINANCE NO. 09-2019_______ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING THE PROVISIONS RELATING TO SHORT TERM VACATION RENTALS SO AS TO REQUIRE THE REGULATION THEREOF, APPLICATION OF OCCUPATIONAL TAXES BE PROVIDED FOR IDENTIFIED LOCATIONS AND THAT DURING THE VACATION SEASON TO PROVIDE FOR WASTE DISPOSAL REQUIREMENTS AND TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 34, relating to short term vacation rentals so as to create a new section to address garbage and/or waste removal requirements during the “vacation” season and; WHEREAS, the governing authority desires to amend the current code at Section 34 so as to revise the provisions thereof pertaining to the locations at which such short term rentals are conducted; and WHEREAS, the occupancy of short term vacation rental units is imposing an additional burden on the disposal of refuse within the City and creates inappropriate and unsanitary, unpleasant and deleterious effects and impacts upon others and therefore, an additional imposition of refuse removal requirements is appropriate; and Page 68 2 NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, including Chapter 34, Article VIII, and the sections thereof (Section 34-260 through 34-271) be amended so as to be amended as hereinafter provided. SECTION 1 The existing provisions of such chapter and sections are amended so as to hereinafter read as follows: Sec. 34-261. – Application (a) Within 90 days of the effective date of the ordinance from which this article is derived, no person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term vacation rental, as defined in Section 34-260, without the owner or rental agent first obtaining an occupation tax certificate and identifying the location of registering each STVR with the city. (b) The city must be notified in writing within seven days when there is a change in property ownership, management, agent or emergency contact. Failure to do so will void any permitted use as an STVRregistration. (c) Owner or rental agentRegistrant for a short-term vacation rental shall submit, on an annual basis, a location identification/occupational tax certificateregistration for a short term vacation rental to the City of Tybee Island. The certificateregistration shall be furnished on a form specified by the city manager, accompanied by a non-refundable occupational tax and regulatory feeregistration fee as established by city council and on file with the clerk. Such certificateapplication should include: (1) The complete street address of the STVR; Page 69 3 (2) Ownership, including the name, address, e-mail and telephone number of each person or entity with an ownership interest in the property; (3) The number of bedrooms, the maximum occupancy and the number of location of off-street parking spaces on the premises and any off-premises parking applicable; (4) The name, address and telephone number of a short-term vacation rental agent or local emergency contact if applicable; and (5) Any other information that this chapter requires the owner to provide to the city as part of the identificationregistration for a short-term vacation rental. The city manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter. (6) The emergency contact number required by Section 34-265. (d) The certification formregistration form pursuant to this section shall be processed, and added to a database to be kept by staff listing STVR unit information and any citations that occur. The city shall notify the owner and agent of any instances that result in a citation for a code violation or other legal infarction. Sec. 34-262. – Regulatory fee/renewal (a) The short-term vacation rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council. Page 70 4 (1) The regulatory fee shall be $100.00 per rental unit. An application is valid when completed and filed along with payment of the application regulatory fee. The fee shall be due January 1 of each year for short term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163 as applicable to occupation tax/business license provisions as well as the revocation of any right to use the unit for short term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year. (b) Each property shall be issued a location identificationregistration number; (c) Failure to complyregister as prescribed by this ordinancelaw will result in a fine of $100.00 for each month that the unit continues to operate without registration.compliance, including without registration. (d) The annual application documentation registration of a unit and the regulatory fee are not transferrable. In the event ownership of a unit changes and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100.00 if the change occurs prior to July 1 of the year and $50.00 if after July 1 of the year. (e) In the event a management company changes, the unit is to be re-documentedre- registered by notice to the city identifying the property/unit to the city and the regulatory fee will be $50.00 if the management company change is after July 1; otherwise, the fee is $100.00. Page 71 5 SECTION 2 The Code of the City of Tybee Island, Georgia, is hereby amended so as to add the following section to be designated as Section 34-265 which section shall provide as follows: Waste Disposal Requirements During Vacation Season Solid Waste Disposal (a) The provisions of Section 22-191 of the Code as now or currently hereinafter amended are expressly made applicable to short term vacation rental operations and locations except as modified herein. (b) During the time period of each year commencing with the Saturday pr ior to the weekend of the Memorial Day holiday through the Saturday after the Labor Day holiday the following requirements shall be applicable: a. At each location of a short term vacation rental, the person or persons responsible for such location shall arrange and provide for refuse collection from the short term vacation rental location trash pickups therefrom twice weekly and only one of which pickups shall be the standard pick up provided to all residents. SECTION 3 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such Formatted: Font color: Red Page 72 6 4373083.14373077.1 000572-000572 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 5 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 6 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-572-1 Page 73 1 ORDINANCE NO. 09-2019 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING THE PROVISIONS RELATING TO SHORT TERM VACATION RENTALS SO AS TO REQUIRE THE REGULATION THEREOF, APPLICATION OF OCCUPATIONAL TAXES BE PROVIDED FOR IDENTIFIED LOCATIONS AND THAT DURING THE VACATION SEASON TO PROVIDE FOR WASTE DISPOSAL REQUIREMENTS AND TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code of Ordinances for the City of Tybee Island, Georgia, Section 34, relating to short term vacation rentals so as to create a new section to address garbage and/or waste removal requirements during the “vacation” season and; WHEREAS, the governing authority desires to amend the current code at Section 34 so as to revise the provisions thereof pertaining to the locations at which such short term rentals are conducted; and WHEREAS, the occupancy of short term vacation rental units is imposing an additional burden on the disposal of refuse within the City and creates inappropriate and unsanitary, unpleasant and deleterious effects and impacts upon others and therefore, an additional imposition of refuse removal requirements is appropriate; and Page 74 2 NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that The Code of Ordinances of the City of Tybee Island, Georgia, including Chapter 34, Article VIII, and the sections thereof (Section 34-260 through 34-271) be amended so as to be amended as hereinafter provided. SECTION 1 The existing provisions of such chapter and sections are amended so as to hereinafter read as follows: Sec. 34-261. – Application (a) Within 90 days of the effective date of the ordinance from which this article is derived, no person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short-term vacation rental, as defined in Section 34-260, without the owner or rental agent first obtaining an occupation tax certificate and identifying the location of each STVR with the city. (b) The city must be notified in writing within seven days when there is a change in property ownership, management, agent or emergency contact. Failure to do so will void any permitted use as an STVR. (c) Owner or rental agent for a short-term vacation rental shall submit, on an annual basis, a location identification/occupational tax certificate to the City of Tybee Island. The certificate shall be furnished on a form specified by the city manager, accompanied by a non-refundable occupational tax and regulatory fee. Such certificate should include: (1) The complete street address of the STVR; Page 75 3 (2) Ownership, including the name, address, e-mail and telephone number of each person or entity with an ownership interest in the property; (3) The number of bedrooms, the maximum occupancy and the number of location of off-street parking spaces on the premises and any off-premises parking applicable; (4) The name, address and telephone number of a short-term vacation rental agent or local emergency contact if applicable; and (5) Any other information that this chapter requires the owner to provide to the city as part of the identification for a short-term vacation rental. The city manager or his or her designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this chapter. (6) The emergency contact number required by Section 34-265. (d) The certification form pursuant to this section shall be processed, and added to a database to be kept by staff listing STVR unit information and any citations that occur. The city shall notify the owner and agent of any instances that result in a citation for a code violation or other legal infarction. Sec. 34-262. – Regulatory fee/renewal (a) The short-term vacation rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council. Page 76 4 (1) The regulatory fee shall be $100.00 per rental unit. An application is valid when completed and filed along with payment of the application regulatory fee. The fee shall be due January 1 of each year for short term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163 as applicable to occupation tax/business license provisions as well as the revocation of any right to use the unit for short term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year. (b) Each property shall be issued a location identification number; (c) Failure to comply as prescribed by this ordinance will result in a fine of $100.00 for each month that the unit continues to operate without registration.. (d) The annual application documentation of a unit and the regulatory fee are not transferrable. In the event ownership of a unit changes and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100.00 if the change occurs prior to July 1 of the year and $50.00 if after July 1 of the year. (e) In the event a management company changes, the unit is to be re-documented by notice to the city identifying the property/unit to the city and the regulatory fee will be $50.00 if the management company change is after July 1; otherwise, the fee is $100.00. SECTION 2 The Code of the City of Tybee Island, Georgia, is hereby amended so as to add the following section to be designated as Section 34-265 which section shall provide as follows: Page 77 5 Waste Disposal Requirements During Vacation Season Solid Waste Disposal (a) The provisions of Section 22-191 of the Code as now or currently hereinafter amended are expressly made applicable to short term vacation rental operations and locations except as modified herein. (b) During the time period of each year commencing with the Saturday prior to the weekend of the Memorial Day holiday through the Saturday after the Labor Day holiday the following requirements shall be applicable: a. At each location of a short term vacation rental, the person or persons responsible for such location shall arrange and provide for refuse collection from the short term vacation rental location trash pickups therefrom twice weekly and only one of which pickups shall be the standard pick up provided to all residents. SECTION 3 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. Page 78 6 4378907.1 000572-000572 SECTION 5 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 6 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2019. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-572-1 Page 79 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Item Attachment Documents: 13. George Shaw - Request to Amend the C-2 District Zoning Page 80 Page 81 Page 82 Page 83