§ 7-33. Nuisance abatement procedures.

(a)

Any employee, officer, or resident of the county may bring a complaint alleging that a place or premises constitutes a public nuisance, as defined in F.S. § 893.138, before the board, through notification to the code enforcement department.

(b)

Such complaint shall be reviewed by code enforcement department to determine whether it contains sufficient facts to identify the precise nature of the alleged nuisance. If the complaint is deemed sufficient to support a legal finding of existence of a public nuisance, the code enforcement department shall notify the owner of the place or premises and provide the owner a reasonable time to correct the alleged public nuisance.

(c)

Should the alleged public nuisance continue beyond the time allowed for correction, the code enforcement department may schedule a hearing. The 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 as well as the address listed on the ad valorem tax roll, or posted at the property where the nuisance activities occurred no fewer than ten (10) days prior to the hearing date. Said notice may include:

(1)

A statement of the time, place, and nature of the hearing;

(2)

A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3)

A reference to the particular sections of the statutes and ordinances involved; and

(4)

A statement summarizing the nuisance that is the subject of the complaint.

(d)

If the public nuisance is corrected and then recurs, or if the public nuisance is not corrected by the time suggested for correction by the code enforcement department, the case may be presented to the board even if the public nuisance is corrected prior to the hearing.

(e)

If a recurring public nuisance is found, the code enforcement department may notify the owner but is not required to suggest a reasonable time to correct the public nuisance. The code enforcement department, upon notifying the owner of a recurring public nuisance, may notify the board and request a hearing. The board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to subsection 7-33(c). The case may be presented to the board even if the recurring public nuisance is corrected prior to the board hearing. As used in this article, recurring public nuisance shall mean a second or other additional occurrence of a public nuisance during the effective term of an order entered by the board.

(f)

If the county 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 county has reason to believe a public nuisance is irreparable or irreversible in nature, the county may make a reasonable effort to notify the owner and may immediately notify the board, request a hearing and provide notice pursuant to subsection 7-33(c).

(g)

If the code enforcement 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 board and request the board to schedule a hearing. The complainant shall then comply with the provisions of this article and any such other rules or procedures adopted by the board pertaining to delivery of notice and conduct of the hearing.

(Ord. No. 2016-54, § 3, 7-18-16)