(A) The hearing before the special magistrate shall be an evidentiary hearing. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. At or after such hearing, the special magistrate shall issue an order including findings of fact and conclusions of law based upon competent substantial evidence. If the special magistrate finds that a nuisance exists, the special magistrate shall issue an order of abatement affirming the existence of the nuisance and requiring the owner of the property to abate the nuisance condition(s) within a reasonable time to be determined by the special magistrate in the order and provide for abatement of the nuisance by City forces if such conditions are not corrected as of the time determined by the special magistrate. The order of abatement shall include a statement advising that upon the owner’s failure to comply with the order, the City may take the necessary steps to abate the nuisance in accordance with the order of abatement. The expense of such performance by the City or its contractor shall be charged against the real property as a nuisance abatement special assessment as set forth in § 38.04 of the City’s Code of Ordinances.
(B) The special magistrate may require any or all measures as are reasonably necessary to abate the public nuisance. These measures may include but are not necessarily limited to the cutting of vegetation, removal of debris or abandoned materials, repair or maintenance of structures, or prohibiting the operation or maintenance of the place or premises including the closure of the place or premises or any part thereof or the operation or maintenance of any business or activity on the premises which is conducive to such nuisance.
(C) A certified copy of the order of abatement may be recorded in the public records of Broward County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns and shall be binding upon such subsequent purchasers, successors in interest, or assigns.
(‘72 Code, § 14-85) (Ord. O-88-13, passed 3-16-88; Am. Ord. O-2022-24, passed 12-7-22)