(A) If a code inspector determines that a nuisance as defined in this subchapter exists on a parcel of property, the code inspector shall notify the owner and give the owner 10 days to correct the nuisance. The owner may make a written request to the Office of Code Compliance for an additional 10 days to correct the nuisance. Written requests will be evaluated and approved on the basis of the particular circumstances, taking into account any hardship and the severity of the nuisance. Should the nuisance continue beyond the time specified for correction, the Office of Code Compliance shall schedule a hearing before the special magistrate. Written notice of such hearing to the property owner shall be hand delivered or mailed in the same manner as provided for in F.S. § 162.12. Notice may additionally be served by publication or posting in the same manner as provided in F.S. § 162.12. If the property is in foreclosure proceedings and has been abandoned by the owner as evidenced by the property being vacant and the owner has not provided a forwarding address nor is participating in the foreclosure proceedings by filing an answer or has otherwise been unable to be served, service by certified mail to the owner’s last address of record and service upon the bank or mortgage company of record in the foreclosure proceedings by certified mail shall be deemed sufficient notice.
(B) Notice of the hearing before the special magistrate shall:
(1) Identify the property at issue;
(2) Identify the owner or owners of the property as ascertained by a reasonable search of the property appraiser’s records or search of the public records;
(3) Describe the condition or activity which may constitute a public nuisance;
(4) Set the date, time, and place for the hearing before the special magistrate at which the owner(s) shall have the opportunity to present such evidence and/or argument to the special magistrate as to why the building, structure or condition should not be considered a nuisance and its abatement, removal, or destruction required; and
(5) Include a statement providing that a failure to respond or appear at the hearing shall be deemed an admission of the existence of a public nuisance on the property at issue which may result in abatement of the nuisance by the City and levy of an assessment against the property pursuant to this chapter.
(‘72 Code, § 14-84) (Ord. O-88-13, passed 3-16-88; Am. Ord. O-91-77, passed 11-6-91; Am. Ord. O-99-41, passed 11-17-99; Am. Ord. O-2008-29, passed 12-3-08; Am. Ord. O-2013-10, passed 5-15-13; Am. Ord. O-2022-24, passed 12-7-22)