For the purpose of this article, the following definitions shall control:
(a) Chronic nuisance property. A property on which one or more continuing nuisance activities occurs or re-occurs.
(b) Chronic nuisance services. Remedial action(s) taken by the City to eliminate or mitigate a nuisance condition that threatens public health, safety, or welfare.
(c) Corrective Action Plan. A plan prepared by the City, incorporated in the Nuisance Abatement Agreement, and agreed to by the owner to address and eliminate nuisance activity on the owner’s property by the implementation of proactive steps by the property owner.
(d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the following violations, whenever engaged in by the property owner, operator, agent, tenant, or invitee of the property owner, operator, agent or tenant:
(1) Chapter 3 - alcoholic beverages.
(2) Chapter 15, article I - noise control regulations.
(3) Chapter 15, article VIII - criminal street gang injunction.
(4) Chapter 15, article X - sexual offender residency prohibition.
(5) F.S. § 767.12 - dangerous dogs.
(6) F.S. § 790.15(1) - discharging firearm in public.
(7) F.S. § 796.06 - renting space to be used for prostitution.
(8) F.S. § 796.07 - prostitution.
(9) F.S. § 800.03 - exposure of sexual organs.
(10) F.S. § 806.13 - criminal mischief.
(11) F.S. § 810.08 - trespass in structure or conveyance.
(12) F.S. § 810.09 - trespass on property other than structure or conveyance.
(13) F.S. § 812.014 - theft.
(14) F.S. § 812.019 - dealing in stolen property.
(15) F.S. § 812.173 - convenience business security.
(16) F.S. § 823.01 - nuisances.
(17) F.S. § 828.12 - cruelty to animals.
(18) F.S. § 856.011 - disorderly intoxication.
(19) F.S. § 856.015 - open house parties.
(20) F.S. § 856.021 - loitering or prowling.
(21) F.S. § 856.022 - loitering or prowling in close proximity to children.
(22) F.S. Ch. 874 - criminal gang enforcement and prevention.
(23) F.S. § 877.03 - breach of the peace; disorderly conduct.
(24) F.S. Ch. 893 - any offense under the Florida Comprehensive Drug Abuse Prevention & Control Act, including but not limited to public nuisances as defined by F.S. § 893.138.
(25) Any other offense under state or federal law that is punishable by a term of imprisonment exceeding one year.
(26) Two (2) or more calls for service within a period of thirty (30) calendar days to the same property for police, fire, medic, emergency personnel, or other City personnel to assist an individual who displays the symptoms of an overdosed of a controlled substance.
(e) Nuisance Abatement Agreement. An agreement entered into between the City and property owner that contains a "Corrective Action Plan" to be implemented by the property owner to address and abate the nuisance activity.
(f) Nuisance Condition. Any temporary or permanent condition on the property which arises from nuisance activity.
(g) Operator. Any agent; employee; property manager; tenant; sub-tenant; contractor; sub-contractor; licensee; invitee; or other individual or entity that is authorized by the property owner to supervise, manage, or otherwise control any activities which may occur on the property.
(h) Pattern of nuisance activity. Real property shall be deemed to exhibit a pattern of nuisance activity when:
(1) The City has responded to three (3) or more nuisance activities at the property within thirty (30) days; or
(2) The City has responded to seven (7) or more nuisance activities at the property within six (6) months; or
(3) An alcoholic beverage establishment that employs private security is located on the property and the police department has responded to five or more nuisance activities at the property within thirty (30) days or twenty (20) or more nuisance activities at the property within six (6) months; or
(4) There is a failure to correct code violations by the time ordered by the special magistrate in any order entered pursuant to section 26-77 of this Code.
(Ord. No. 17-012, § 2, 6-6-17; Ord. No. 18-009, § 2, 6-19-18)