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HomeMy Public PortalAbout19920910CCMeeting1 1 1 Tybee Island, Georgia September 10, 1992 The Tybee Island City Council held its regularly monthly meeting on Thursday, September 10, 1992, at 7:30 P.M. with Mayor Walter W. Parker presiding. Members of council present were Christopher P. Solomon, James P. Locklear, Jack Youmans, Ansley Williams, Burke Day and Jimmy Brown. City Attorney Thomas Mahoney was present. Mayor Parker asked Mr. Carl Thompson to give the invocation after which the Mayor led the reciting of the Pledge of Allegiance. Ms. Kay Strickland Toomer read a letter to council about how upset she is with Mr. Tom Burns remarks. She stated that Mr. Burns never praises anything or anybody. She said that we have a fine quality government. Councilman Day said he shares Ms. Toomer's concern about rebuilding 16th Street. Mr. Burns is not an elected official. When an official receives a letter he has to do what is right. Ms. Toomer said Councilman Day fine man and fine elected official. Ms. Kathy Williams commends all who have worked in the past several years in the clean up effort. Council has a moral obligation to pass and enforce ordinances to clean up the island. She asked that council consider citizen input before voting tonight. Mr. Michael Brunsed handed out copies of a letter that he received from the City Marshal concerning a lot he use to own on Campbell Avenue. Mr. Brunsed stated he is in favor of some parts of the ordinance but thinks it will be a witch hunt ordinance. Who is to determine what is a derelict vehicle, boat or trailer? Councilman Williams read the definition of derelict boats. Mr. Brunsed asked if you pay taxes on a boat then it would not be considered derelict? Councilman Williams said that is correct. Councilman Solomon asked what appellant right does a citizen have when he has a complaint about a definition - does he have an appeal? City Attorney Mahoney said that the citizen may come before council or file a suit in Federal Court as unconstitutional. Mr. Butch Ferree said that he is the person who brought your former lot to the attention of the City Marshal. The lot has not been mowed all summer. It is used as a boat lot. This area is zoned residential. Mr. Ferree believes that this ordinance has some teeth and can be enforced. Bert Barrett, Jr. said he had read that the Mayor and Council were going to pass a resolution in support of changing the Georgia State Flag. Mr Barrett said that he believes that the council should get more input form the citizens before voting on a resolution. Mr. Gene Glisson, owner of the Tybee Amusement Park on 16th Street, stated that a lot of letters are going around talking about all the problems on 16th Street. He stated that we do have a drug 1 1 1 Tybee Island, Georgia September 10, 1992 Page Two problem on 16th Street, but not any worse that any other city. He believes he is not getting the proper support from the police, they drive by going about 30 or 35 MPH, so they can't really see if there is a problem. None of the officers wave to citizens the way they do in other cities. The walking patrol was great this weekend, he loved them. Drunkenness and misbehavior is on 16th Street and I hate it. He stated that he polices his park. Mr. Glisson said that Tom Burns is a good man, but opinionated, pushy Yankee, trying his best to do what is best for 16th Street, but we need to help him, steer him in the right direction. He stated that the police are working their tails off. This is a great island, best Mayor we have ever had, crazy about most of the councilmen, but the problems need to be addressed. Councilman Williams agreed whole heatedly with Mr. Glisson and would like to see Mr. Glisson run for council. Mr. Ed Perrim questioned council about the $80,000.00 outstanding water /sewer bill from the Savannah Beach and Racquet Club. What has been done and what is council planning to do about the bill? Is it a matter for mediation? Mayor Parker said that it was in the hands of the city attorney. Attorney Mahoney said it would be improper to give any advise in public at this time, because of litigation. The City will collect. Mayor Parker opened the meeting for business legally presented to council. Hearing no objections the minutes were approved as read. Bills for the month of August were approved in the following amounts: for General Government: $16,295.03, Special Appropriations: $26,295.03, Police: $9,583.63, Parking: $2,069.94, Recreation: $1,423.18, Lifeguards: $189.96, Fire Department: $13,305.80 (includes final payment on one of the pumpers); 1st Responder: $1,004.17, Public Works: $9,820.04, Sanitation: $24,473.81, Water /Sewer: $19,419.94. A letter of agreement for the 1993 audit continuing the services of Sally Hagan, CPA, was read and unanimously approved on motion of Councilman Locklear, seconded by Councilman Burke. Councilman Locklear explained the history of the inadequate financial software package the city is presently using, and the bid process that the finance committee went through in order to formulate a recommendation for City Council. The city's auditor, the City Treasurer and her staff, as well as the computer facilitator and consultant all contributed to the study leading to the proposal. Councilman Day suggested a payment schedule 1 Tybee Island, Georgia September 10, 1992 Page Three beginning in the first quarter will be negotiated with the seconded Councilman Locklear's SDS of financial software not unanimously approved. of 1993, without interest, and this software company, SDS. He then motion to approve the purchase from to exceed $25,000. The motion was Councilman Youmans read a statement concerning the symbolic meaning of the present state flag, asking for a Resolution from Council supporting leaving the flag as it is. This was seconded by Councilman Solomon. Councilman Day recommended that the Resolution be delayed until January so as to have more punch with the General Assembly as it comes into session. Councilman Locklear suggested that our Mayor abstain from voting on the issue when it's considered by the GMA in September. The Mayor agreed. Councilman Williams spoke in favor of the change, saying that the present flag was changed in 1956 in protest against a Supreme Court decision that has since been accepted nationwide. He said that, although he is probably in ,a minority, he tends to agree with Governor Miller. The vote was 5 - 1 in favor of Councilman Youmans' motion, with Councilman Williams casting the dissenting vote. Councilman Day brought up the matter of the GIS maps as billed by Thomas & Hutton, suggesting a 50/50 split of the $2,062 cost between Water /Sewer and General Government, since the same maps will be used for the Master Plan. Councilman Locklear so moved, and Councilman Day seconded the motion. The vote was unanimous in favor. Councilman Locklear requested that Mr. Vince McCusker be appointed to the Emergency Management Committee and the Mayor and Council unanimously concurred. Costs for demolition of the back river fishing pier were discussed, and Councilman Williams will bring back a further report at the October meeting. The general consensus of Council was that the work should proceed without delay, and a budget adjustment can be made at the next meeting. It was noted that construction of the new facility by DNR may begin as early as November. Mayor Parker said that he doesn't want to add to the recent confusion, but does want to inform Council that he has talked with the GBI concerning allegations about illegal activities on 16th Street, and that he thinks the matter is well in hand. Councilman Williams reported on the status of the recycling center, informing everyone that there is a price increase of $15 per haul. This seems reasonable to the committee headed by Jack Burton, and he agrees. He mentioned that he hopes the project can be expanded and another center added in 1993. A copy of the 1 1 Tybee Island, Georgia September 10, 1992 Page Four committee report is attached to, and becomes a part of, these minutes. A letter from Steve McCusker was read. He asks that the city repair a damaged storm drain on Wrenwood Avenue within Seaside Colony. Mr. Mahoney is researching to determine whether this is the city's responsibility, or the developers'. A payment to MPC of $710 for the second phase of the NPDES stormwater permit application was unanimously approved on motion of Councilman Locklear, seconded by Councilman Williams. This represents 1 /6th (6 small municipalities within county) of 1 /3rd (Chatham County, Savannah, All Other Municipalities) as this will be a countywide permit. A letter from William B. Johnson dated August 18, 1992 petitioning for $700 to correct FEMA violations in a structure permitted and inspected by the city in 1989 was denied as advised by the City Attorney. The motion to deny was made by Councilman Youmans and seconded by Councilman Brown. The vote was unanimous. A letter from Daniel Cushen of Fisher Industrial Service, Inc. petitioning for damages to a truck on August 28, 1992 was denied on advice of the City Attorney. Councilman Brown made the motion which was seconded Councilman Day; there were no dissenting votes. A Resolution setting tax millage at 9 & 91/100 mils was read and unanimously adopted, on motion of Councilman Solomon, seconded by Councilman Brown. The Second Reading of Code Section 8 -2 -3 Building Permits was unanimously adopted. The motion was made by Councilman Locklear and seconded by Councilman Williams. A copy is attached to, and becomes a part of, these minutes. The Second Reading of Code Section 10 -1 -4 (Requested by GA DOT for the purpose of setting speed zones) was tabled for correction of several errors. Councilman Williams made the motion which was seconded by Councilman Youmans. Council agreed that Mayor Parker should sign the corrected ordinance into effect when the errors are removed. Code Section 2 -4 -13A Donation of Vacation Time was unanimously adopted on motion of Councilman Locklear, seconded by Councilman Youmans. A copy is attached to, and becomes a part of, these minutes. 1 1 1 Tybee Island, Georgia September 10, 1992 Page Five The property maintenance ordinance, Code Sections 5 -3 -1 through 5 -3 -5 was adopted on Second Reading by a vote of 4 - 3. The motion to adopt was made by Councilman Locklear and seconded by Councilman Day. During discussion Councilman Youmans said the sign ordinance isn't being enforced, and he sees no need to pass new ordinances when we aren't enforcing the old ones. Mayor Parker read a letter from the Tybee Island Beautification Committee favoring the ordinance. Voting in favor were Councilmen Locklear, Day and Williams. Those opposing were Councilmen Youmans, Solomon and Brown. Mayor Parker voted in favor, and the ordinance was adopted. A copy is attached to, and becomes a part of, these minutes. An ordinance concerning nepotism was considered. Councilman Brown said the community is too small for this, and Councilman Youmans made the motion to turn down the proposed ordinance, with a second by Councilman Brown. The vote was unanimous in favor of the motion and the code section was not adopted. Code Section 4 -2 -1, dealing with appointment of officers in the Fire Department, was read twice and adopted. A copy is attached to, and becomes a part of, these minutes. Motion to adopt was made by Councilman Locklear and seconded by Councilman Solomon. Votes on First & Second Reading were unanimous. Councilman Brown, Fire Chief, appointed Hank Buckley as head of the First Responder and the appointment was unanimously confirmed by the City Council. Code Section 5 -3 -6, a penalty clause for the property maintenance ordinance was read. Motion to adopt was made by Councilman Locklear, seconded by Councilman Brown. Councilman Solomon offered an amendment: "not to exceed $100 ". The amendment was seconded by Councilman Youmans. Vote on the amendment was tied, with Councilmen Brown, Solomon and Youmans in favor and Councilmen Williams, Day and Locklear opposed. Mayor Parker broke the tie with a negative vote and the amendment failed. On the motion the vote was: opposed - Councilmen Brown, Solomon, Youmans; for - Councilmen Day, Locklear and Williams. Mayor Parker voted in favor the code section passed on First Reading. The meeting was adjourned. MAYOR CLERK OF COUNC 1 Name and Addl.= of Purchaser/Licensee: City of Tybee Island, GA SPECIALIZED DATA SYSTEMS 3011 S. Memorial Drive, Greenville, NC 27834 PHONE (919) 756 -8190 SALES CONTRACT AND LICENSE AGREEMENT co 9034 Date: 9/15/92 Placed by QUANTITY DESCRIPr1ON AMOUNT 1 Budgetary Accounting 1890.00 1 Accounts Payable 1620.00 1 Check Recon 1080.00 1 Payroll /Personnel 1890.00 1 Budget Preparation 1350.00 1 Purchase Orders 1620.00 1 Fixed Assets 1620.00 1 Water Billing /Collections 2700.00 1 Tax Billing /Collections 3500.00 1 Accomodation Tax 1620.00 1 Centralized Collections 4500.00 Includes:Cash Dr & Rec.Prt Terms of Delivery Subtotal: 23390.00 Terms of Payment: See Back for Details Sales and Use Tax Time of Delevery. Destination Programming SeavicesYes/Not Less Deposit % Special Terms and Instructions: Grand Total: s 23390.00 TERMS AND CONDTrIONS OF SALES AND LICENSE Specialized Data S rte -ms ,Inc. ( "SDS ") and Purchaser/Licensee ( "Client') agree that the following terms and conditions will apply to any order ac- cepted by SDS for the purchase of computer(s) and/or for the licensing of computer software program(s). 1. Prices and Payment Prices for each computer and license fee for each software program ordered by Client are stated above and do not include any applicable destination or handling charges or any similar charges or taxes or insurance. Unless SDS invoices Client for sales and use taxes due hereunder and Client pays the same, Client will be responsible for collecting and/or paying any and all such taxes. Payment of all amounts due on said computer(s) and software program(s) will be due in cash on the date of delivery, unless otherwise agreed in accordance with paragraph 16 hereof. 2. License Each software program (" licensed program ") ordered by Client is subject to a personal, nontransferrable and nonexclusive license granted to Client by SDS which authorizes Client to use said licensed p on one computer. If a licensed program is to be used on more than one computer, then additional licenses will be required. CLIENT Y OPY OR REPRODUCE A LICENSED PROGRAM FOR ANY PURPOSE. except Client m a licensed r rinsed form for backup copy program into machine p kup purposes in support of the use of said licensed program on a single computer. Client agrees to reproduce s t notice or other proprietary maridn on may not assign or transfer a licensed Prof ' Psi Client such copies. Client program or a license to any entity wt�,gthe expressed prior written consent of SDS. CGene agrees that it is receiving only a LIMITED LICENSE to use a licensed program and that SDS retains title to and ownership of said licensed program. Upon termina- tion of this Agreement, said licensed program will be returned immediately by Client to SDS and any unauthorized use of said licensed program by Client will be unlawful. SEE REVERSE SIDE FOR ADDITIONAL TERMS, INCLUDING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THAT ARE PART OF THIS AGREEMENT. Name of Client: City o Tybee Island, GA Title or SPECIALIZED DATA SYSTEMS, INC. (Seller/Licensor and Secured Party) by Title President 3. 'Warranty: My and ail warranties made with respect to the computer(s) sold hereunder are made by the computer manufacturer and not bySDS. Each licensed program is distributed on an "as is" basis without warranty. No agent, employee, or representative of SDS has the authority to bind SDS to any affirmation, representation or warranty concerning a computer or a licensed program, and any attempts to bind SDS to any such affirma- tion, representation or warranty will not form a part of this Agreement and will not in any way be binding on SDS or enforceable by aicnt. With respect to the above - described computer(s) and licensed program(s). SDS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TILE IMPLIED WARRANTIES OF MBRCI IANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE SDS does not warrant that said computer(s) and said licensed program(s) will meet Client's requirements or that the operation of the samewill be uninter- rupted or error free or that defects will be corrected. 4. Limitation of Liability: SDS will not be liable for any lost profits, or for any claim or dernand against Client by any other party. No action, regard- less of form arising out of the transactions under this Agreement may be brought by either party more than one (1) year after the cause of action has accrued. IN NO EVENT WILL SDS BE LIABLE FOR INCIDENTAL OR CONSEQUI?NI1AL DAMAGES, EVEN IF SDS HAS BEEN AD- VISED 01711IE POSSIBILITY OF SUCII DAMAGES. 5. Security Interest: SDS hereby reserves and Client hereby grants to SDS a purchase money security interest in each computer ordered by Client, as described above, to secure the performance and payment of the obligations of Client to SDS. At the request of SDS, Client agrees to execute financ- ing statements for the purpose of enabling SDS to perfect its purchase money security interest under the North. Carolina Commercial Code. Upon failure to Client to pay SDS amounts due hereunder, SDS will have-all the rights available to it as a secured creditor under Article 9 of the North Carolina Commercial Code. Client agrees to pay SDS's attorneys' fee in the event any action is required to enforce SDS's rights under this Agree- ment. 6. Risk of Loss: Risk of loss or damage to the above - described computer(s) or licensed programs) will pass to Client upon delivery of the same to the location designated above. 7. Cancellation of Orders: Client agrees not to countermand or cancel any order or cause delay, except with the written consent of SDS and with full compensation paid by Client to SDS for any loss sustained by reasons of such cancellation. 8. Delivery: SI)S will schedule delivery in accordance with its applicable shipment sequence, subject to any availability constraints or limitations im- posed by a computer manufacturer or other third party. Every effort will be made by SDS to ship within the time estimated, but SDS will have no liability for Toss or damage resulting from SDS's delayed performance or shipment. 9. Destination Charges: 'Destination charges and rigging charges will be paid by Client in accordance with SDS's then current shipping and billing practices. 10. Installation: Computer(s) purchased and program(s) licensed under this Agreement will he installed and placed in good working order by SDS at a time and place to be mutually agreed upon by the parties. 11. Programming Services: If specified above, SDS will provide programming services for a period of ninety (90) days after the day of delivery of such specified licensed program in order to correct licensed program errors. SDS does not guarantee service results or represent or warrant that all errors will be corrected. 12. Copyright and Patent Information: Client agrees to notify SUS in writing of any copyright and patent infringement claim presented against Client that relates in any way to the pmgrnm(s) licensed hereunder. 13. Termination: 'The License herein granted by SDS to Client is effective until terminated. SDS may terminate the license if Client fails to comply with any provision of the Agreement. Client may terminate the license upon thirty (30) day written notice to SDS, but in no event will Client be en- titled to reimbursement of license fees. 14. Modification: No addition to or modification of any provi sion of this Agreement will be binding upon SDS unless made in writing and signed by a duly authorized representative of SDS. No course of dealing or usage of trade or course of performance will be relevant to explain or supplement any terms of this Agreement. 15. Governing Law: The Agreement will be construed in accordance with the Laws of the State of North Carolina. 16. Additional Terms: Payment terms are as folws : 1. Downpayment of 2339.00 returned with signed contract. .:: to be paid in 3 payments in Jan, Feb, & March of 1993. $7800.00 each month = 23400.00 1 September 10, 1992 Dear Ro, Since I can't attend the Council meeting tonight, I'm forwarding this summary of our first year's operation of the Recycling Center, in the event you wish to share it with the Council and /or audience. The chart below quantifies the information I verbally reported at last month's meeting. As you see, it lists total costs, revenues and profits, plus the weights by category. As you know, our rental fee and hauling charge have been increased by Southern Paper from $45 to $60. I consider this reasonable, since they didn't raise our rates for one.full year. Moreover, they are now quoting these higher rates to other communities that are considering such programs. As for an anticipated budget for the next twelve months based on the ntw rates, I estimate that the Center will cost the city about $1,000. However, if we manage to acquire a third con- tainer from Southern Paper so that we can handle newspapers and aluminum cans in.separate containers, our revenues should go up. Operational Costs of Tybcc Island's Recycling Center (August 9, 1991 - August 9, 1992) Costs: Income: . Weight (lbs): Monthly Rentals - $ 720 NP AC G Haulings ® $45 each: Aug - Np /AC (1) 45 $117.10 2,420 420 Sep - Glass (1) 45 32.00 5,5001 Oct - Np /AC (1) 45 108,35 3,820 357 Nov - N /p /AC (1) 45 109.90 4.420 439 Dec - N /p /AC (1) 45 86.40 4,040 331 Dec - Glass (1) 45 48.80 8,000• Jan - N /p /AC (1) 45 ' 48.80 4,640 128 Feb - Np /AC (1) 45 87.10 4,100 333 Feb - Glass (1) 45 46.80 8,740 Mar - N /p /AC (1) 45 92.50 4,380 353 Apr - N /p /AC (1) 45 86.40 4,200 327 Apr - Glass (1) 45 34.20 9,440 May - N /p /AC (2) 90 166.50 8.380 623 Jun - Glass (1) 45 52.50 9.220 Jun - N /p /AC (1) 45 78.50 4,220 287 Jul - Glass (1) 45 49.00 8.320 Jul - N /p /AC (2) 90 180.30 7.340 718 TOTALS $1,935.00 $1.425.15 51,960 4,316 49.220 ADJUS LED COST OF RECYCLING CENTER FOR FIRST YEAR $509.85 TOTAL WEIGHT OF HAULED RECYCLABLES DURING YEAR 105,496 lbs. (This weight—totaling over 52 tons — represents a reduction of up to 5% in the trash collected oh Tybee Island by Waste Management, thus saving the City additional moneyE.) `Estimated weight of first two glass haullngs. 1 A RESOLUTION WHEREAS, the fiscal year of the City of Tybee Island begins on January 1 and ends on December 31; and, WHEREAS, the Official Code of Georgia 48 -5 -32.1 and Title 3 of the Code of Ordinances for the City of Tybee Island, Georgia, and specifically Section 3 -2 -11 provide in part that the millage rate for annual ad valorem tax upon all real and personal property within the City shall be established each year by Resolution of the Mayor and Council; and, WHEREAS, the requirements of O.C.G.A. X48 -5 -32.1 have been complied with; and, WHEREAS, the Mayor and Council desire to set the millage rate for the year beginning January 1, 1993 and ending December 31, 1993 in compliance with the terms of the laws of Georgia and the Ordinances of this City: NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Tybee Island, in open meeting assembled, . that the millage rate of the fiscal year January 1, 1993 through December 31, 1993 be set at nine and ninety -one hundredths (.00991) mils. ADOPTED this ! na't day of September, 1992. MAYOR 1 1 Ordinance # i g q a-( Be it ordained, and it is hereby ordained, by Mayor and Council in Open Meeting assembled that the Tybee.Island Code of Ordinances, Chapter 8, Title 2, Section 3 (a) be amended; and a new paragraph be added Chapter 8, Title 2, Section 3 (b) to read as follows: Section 8 -2 -3 Building Permits (a) Application for a building permit must be made by the owner, or his agent, accompanied by two (2) sets of plans or blueprints, if applicable, together with the specifications of the work to be done. All applications for a building permit for building a new building or any additions must be accompanied by a plan showing size of lot and portion of lot to be built on and shall show that the lot has been surveyed by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a survey. No work of any nature shall be started until a building permit has been issued. A permit must be secured for all new construction, all alterations and all repairs. No permit shall be issued until the prescribed fees for same have been paid in accordance with the following schedule: (1) Repairs less than $500.00 No Charge (2) Where the value exceeds $500.00 but not over $1,000.00 $20.00 (3) For each additional $1,000.00 of value or fraction thereof per $1,000.00 of value $5.00 (b) If Permit is for work on undeveloped land or a vacant lot as defined in Section 8 -7 -3 of this Code then the landowner or permittee shall show on the survey the diameter and location of all trees above six (6) inches diameter at breast height (4 1/2 feet above grade) that will be removed or otherwise impacted by construction. ADOPTED THIS O' DAY OF 1992. ayor Walter . Parker ncil 1st Reading: August 13, 1992 2nd Reading: September 10, 1992 Enacted: September 10, 1992 1 1 1 Ordinance # (qqa - 19 Be it ordained and it is hereby ordained by Mayor and Council in Open Meeting assembled that Title 2, Chapter 4, be amended by adding Section 2- 4 -13 -A (5) Donation of Vacation time to read as follows: Section 2 -4 -13 A (5) Donation of Vacation Time An employee may elect to donate some portion of his /her accrued vacation leave to another employee in need under the following conditions: a. Such vacation leave must be transferred at the same or at a lesser cost (e.g. must be transferred to an employee at the same or lower pay rate as the donor). b. The recipient must be in need of additional leave time for personal illness or illness of a family member and must be at the point of taking leave without pay. c. Vacation leave, once donated, shall not be given back to the donor except where the conditions of paragraph (b) above are met. d. In no case shall the donor transfer vacation leave to another employee for the single purpose of avoiding losing vacation leave. e. The sale or trade of vacation leave for purposes which would circumvent the spirit of this procedure is prohibited. f. Requests to donate vacation leave should be made in writing to the Department Head and the City Administrator or Personnel Clerk. ADOPTED THIS 10-r-4‘ DAY OF , 1992 cil 1 Reaing July 9, 1992 2nd Reading September 10, 1992 Enacted: September 10, 1992 Ordinance # 16141g-Q0 BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL IN OPEN MEETING ASSEMBLED, THAT THE TYBEE ISLAND CODE OF ORDINANCES, TITLE 5 PUBLIC WORKS, BE AMENDED BY THE ADDITION OF A CHAPTER TO BE NUMBERED CHAPTER 3 AND TITLED PROPERTY MAINTENANCE. Section 5 -3 -1 Purpose The purpose of this chapter shall be to require the maintenance of premises to retain property values and to protect the general environment and appearance of neighborhoods within the community. Section 5 -3 -2 Definitions Accessory building means a carport, garage, storage buildings or other such not - for - habitation building on the premises. Boats, derelict is a craft intended for water transportation which 1.) Is unusable or unsafe for operation due to damage or disrepair or because one or more of its major parts has been removed or destroyed; or 2.) Constitutes a nuisance or health or safety hazard. Established driveway means an area that is paved, graveled, bare of vegetation, or otherwise clearly indicative of the area that is normally used for vehicles to enter onto or exit from real property onto a public or private street. Front yard is any portion of the property between the right -of -way line of an abutting street and the building line for the principal building on the lot and extending from property line to property line along such building line. If there is no building on the property, the entire property shall be deemed the front yard. Object shall be any item of personal property, other than a vehicle, boat or trailer -type vehicle, which is not related to the use and purpose for which the real property is occupied or owned or permitted by the applicable zoning classification. Examples for the purpose of this chapter shall include: junk materials, appliances or other household items, machinery and equipment, fallen trees or tree limbs, or other materials not forming part of a structure or landscaping. Person shall mean any natural person, corporation, partnership, authority created by statute, association or other entity or combination thereof. 1 To place shall mean to establish the presence on property of an object which: 1.) Is not affixed to the real property and thus is capable of being moved or removed; 2.) Is present for a period of thirty (30) consecutive days whether or not the location on the property is changed. Vehicle, automotive shall be an automobile, truck, van or other motorized vehicle designed and intended to be used for transporting people or goods. Vehicle, Derelict, automotive is a vehicle which: 1.) Is unusable or unsafe for operation due to damage or disrepair or because one or more of its major parts has been removed or destroyed; or 2.) Constitutes a nuisance or health or safety hazard. Vehicle, Derelict, trailer -type is a trailer -type vehicle which: 1.) Is dismantled or partially dismantled, deteriorated or not safe for use due to disrepair or damage; or 2.) Constitutes a nuisance or health or safety hazard. Section 5 -3 -3 Occupants or owners to keep premises free of litter, debris and junk materials. a.) It shall be unlawful for the occupant or owner of premises to have or to place any of the following on the premises to the extent and in a manner that could threaten or endanger the public health, safety or welfare or could adversely affect and impair the economic value of adjacent property: 1.) Any accumulation of litter, debris, refuse, garbage or animal excrement on any front side or rear yard or on any porch, or underneath any building or in any accessory building. 2.) Any object(s), as defined by this chapter, on the front yard or on a front porch. 3.) Any object(s), as defined by this chapter, on the side or rear yards, or on side or rear porches or underneath any building or in any accessory building unless covered or enclosed so as not to be visible from a street or lane. 4.) Any derelict automotive vehicle, boat or trailer -type 1 1 vehicle. Section 5 -3 -4 Occupants or owners to keep premises free of derelict vehicles and boats. It shall be unlawful to place, keep, store or allow to remain any derelict automotive vehicle, or derelict boat or trailer -type vehicle or parts thereof on a front .yard or on an established driveway of a front yard and it shall be unlawful to place, keep, store or allow to remain any derelict automotive vehicle or derelict boat or trailer -type vehicle, or parts thereof, on the side or rear yards if visible from a street, lane or adjoining property unless enclosed in an accessory building so as not to be visible from the street, lane or adjoining property. Section 5 -3 -5 Construction activity exempt. The provisions of this chapter shall not apply to material which is being used in construction activity taking place on the premises provided the construction activity complies with applicable ordinances and is being diligently pursued. Adopted this I 60L day of 1992. Cl rk Cignci 1st Reading July 9, 1992 2nd Reading September 10, 1992 Enacted September 10, 1992 Mayor Walter W. Parker 1 Ordinance # AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA DELETING CODE SECTION 4 -2 -1, OFFICE OF FIRE CHIEF CREATED, AND ADDING A CODE SECTION TO BE TITLED AND NUMBERED THE SAME, AND FOR OTHER PURPOSES. Be it ordained, and it is hereby ordained by the Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinances be amended by the deletion of Code Section 4 -2 -1 which reads as follows: 4 -2 -1 Office of Chief Created: Appointment. The Office of Chief of the Fire Department is created. The chief shall be appointed by the Mayor, subject to the approval of the Council. INSERT IN ITS STEAD: Section 4 -2 -1 Fire Department Officers; Appointments; Election. (a) The Office of Chief of the Fire Department is created. The Chief shall be appointed by the Mayor, subject to the approval of the Council. (b) The Office of Director of the First Response Division is created. The Director shall be appointed by the Mayor, subject to the approval of the City Council, and shall work under the direction of the Fire Chief. (c) All division officers will be elected by the members of each respective division for two -year terms beginning on January 1st of every odd year. The actual number of officers will be determined by the Chief. (d) Qualifications for each elected position will be determined by the Fire Chief. (e) The Fire Chief, with the majority vote of elected officers present, may vote to remove an officer at any time for sufficient reason. ADOPTED THIS 10TH DAY OF SEPTEMBER, 1992 1st Reading: September 10, 1992 2nd Reading: September 10, 1992 Enacted: September 10, 1992 Mayor W ter W. Parker