§ 7-32. General provisions of nuisance abatement.

(a)

The board shall have jurisdiction to hear and decide complaints alleging that a place or premises constitutes a public nuisance, as defined hereafter. The board shall have continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared to be a public nuisance pursuant to this article.

A nuisance shall be deemed to exist or to have existed if the board, after hearing, finds by a preponderance of the evidence that a place or premises has been used:

(1)

On more than two (2) occasions within a six-month period as the site of a violation of F.S. § 796.07, relating to prostitution; or

(2)

On more than two (2) occasions within a six-month period as the site of the unlawful sale, manufacture, or cultivation of any controlled substance; or

(3)

On one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and such place or premises have been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance. As used in this article, the term "controlled substance" includes any substance sold in lieu of a controlled substance in violation of F.S. § 817.563 or any imitation controlled substance defined in F.S. § 817.564; or

(4)

Be a criminal gang for the purpose of conducting criminal gang activity as defined by F.S. § 874.03; or

(5)

On more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 812.019, relating to dealing in stolen property.

(b)

The board shall have power to:

(1)

Adopt rules for the conduct of its hearings.

(2)

Hold public hearings and subpoena alleged violators to its hearings. Subpoenas may be served by the county sheriff's department.

(3)

Subpoena witnesses to its hearings.

(4)

Take testimony under oath.

(5)

Declare that any place or premises is or has been a public nuisance.

(6)

Issue orders having the force of law to order whatever steps are necessary to bring a violation into compliance.

(Ord. No. 2016-54, § 3, 7-18-16)