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