(A) Pursuant to F.S. §§ 162.13 and 166.0415(7), the Nuisance Abatement Program is a supplemental means of enforcing City codes and ordinances. A public nuisance also constitutes a code violation and the City is not limited to a choice of remedy to ensure compliance with its codes. Code enforcement proceedings are punitive and involve fines levied against the subject property, which may be collected pursuant to F.S. § 162.09. In contrast, the Nuisance Abatement Program, pursuant to this chapter, is remedial in nature and specifically designed to immediately, or as soon as practicable, bring the property into compliance, thereby protecting the public welfare and directly improving and benefiting the property upon which the nuisance is abated.
(B) In addition to nuisance abatement proceedings, the City may institute code enforcement proceedings, in accordance with Chapter 36 of the City’s Code of Ordinances, against a property for an occurrence of a violation of this subchapter. However, once the subject violation/nuisance is abated, the occurrence of the code violation has ceased and no further code enforcement penalties may accrue for that specific occurrence.
(C) Recurring nuisance violations. Following the first notice under this subchapter to abate a nuisance as described in § 101.43, any subsequent violation of the same nuisance classification(s) on the same property within a 12-month period may be abated by the City without further notice so long as the initial notice and order of abatement specifically provides for such subsequent abatement. All costs of abating the repeat nuisance, including administrative fees and costs, shall constitute a special assessment against the property.
(‘72 Code, § 14-82) (Ord. O-88-13, passed 3-16-88; Am. Ord. O-91-77, passed 11-6-91; Am. Ord. O-96-07, passed 2-28-96; Am. Ord. O-99-41, passed 11-17-99; Am. Ord. O-2022-24, passed 12-7-22)