§ 38-208. Enforcement procedure.

(a)

Any employee, officer or resident of the city may bring a complaint alleging that a place or premises constitutes a public nuisance, as defined herein, before the board through notification of the police department.

(b)

Such complaint shall be reviewed by the police department for legal sufficiency. Except as provided in subsections (c) and (d), if the police department deems the complaint sufficient to support a legal finding of existence of a public nuisance, the police department shall notify the owner and said notice shall provide a reasonable length of time to correct the alleged public nuisance. Should the alleged public nuisance continue beyond the time provided for correction, the police department shall notify the nuisance abatement board and request a hearing. The nuisance abatement board, through its clerical staff, shall schedule a hearing, and written notice of the complaint and such hearing shall be hand delivered or delivered by certified mail, return receipt requested, to the owner at his or her last known address, not less than three days prior to the date of the hearing. If an attempt to reach the owner by hand-delivery or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in F.S. ch. 49, as it may be amended from time to time, as long as such notice provides the owner or an agent of the owner, i.e., a property management company, with not less than three days notice prior to the date of the hearing. Further, not less than three days prior to the date of the hearing, copies of any evidence submitted to the nuisance abatement board shall also be provided to the owner and any other parties to the nuisance abatement action. If the public nuisance is corrected and then recurs or if the public nuisance is not corrected by the time provided for correction by the police department, the case may be presented to the nuisance abatement board although the public nuisance has been corrected prior to the nuisance abatement board hearing, and the notice shall so state.

(c)

If a recurring public nuisance is found, the police department shall notify the owner but is not required to provide a reasonable length of time to correct the public nuisance. The police department, upon notifying the owner of a recurring public nuisance, shall notify the nuisance abatement board and request a hearing. The nuisance abatement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to section 38-208(b). The case may be presented to the nuisance abatement board although the recurring public nuisance has been corrected prior to the board hearing, and the notice shall so state.

(d)

If the police department has reason to believe a public nuisance or the condition causing a public nuisance presents a serious threat to the public health, safety, and welfare or the police department has reason to believe a public nuisance is irreparable or irreversible in nature, the police department shall make a reasonable effort to notify the owner and shall immediately notify the nuisance abatement board, request a hearing and provide notice pursuant to section 38-208(b).

(e)

If the police department reviews a complaint and elects not to proceed with it because of legal insufficiency or other concerns, the complainant may proceed to bring the complaint before the board. The complainant shall notify the nuisance abatement board and request the nuisance abatement board to schedule a hearing. The complainant shall then comply with the provisions of this article and any such other rules or procedures which shall be adopted by the nuisance abatement board pertaining to delivery of notice and conduct of the hearing.

(f)

This subsection does not restrict the right of any person to proceed under chapter 38 against any public nuisance.

(Ord. No. 02-05, § 1, 3-28-02)