(a) Any person responsible for any parcel of land on which an attractive nuisance condition shall exist shall take all necessary measures to remedy the attractive nuisance condition within three calendar days after written notice by the town, or within such reasonable time as may be specified in the notice from the town.
(1) If a code enforcement officer finds and determines that a public nuisance as described in § 49-61 exists and declares same to exist on a particular parcel of land, the code enforcement officer shall so notify the owner and the occupant of record of the offending property and any mortgagee that has registered pursuant to § 49.55. The notice shall be given in writing and shall require that the condition be remedied. The notice shall specify a date for the completion of the remedying of the attractive nuisance condition. The notice shall be given by certified U.S. mail, return receipt requested, or as otherwise provided in section 162.12, Florida Statutes, the notice being addressed to the owner or owners of the property described and mortgagee of the property, if the mortgagee has registered with the town. If notice is mailed, notice to a property owner shall be given as their names and addresses are shown upon the record of the county property appraiser, and notice given to a mortgagee shall be addressed to the address as shown by any mortgagee registration filed at Town Hall. Mailed notice shall be deemed complete and sufficient when so addressed and deposited in the United States mail with proper postage paid.
(2) Simultaneous with mailing the notice, the property shall be posted with a notice in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of owner (______)
Address of owner (______)
Name of registered mortgagee, if any (§ 49-55) (______)
Address of registered mortgagee (______)
Our records indicate that you are the owner (s) of the following property in the Town of Melbourne Beach, Florida:
(describe property)
An inspection of this property reveals that a public nuisance exists and constitutes a violation of Section 49-61 of the Town of Melbourne Beach Code of Ordinances, in that:
(describe here the condition which places the property in violation)
You are hereby notified that unless the condition above-described is remedied so that it is no longer in violation of the Town Code within (_____) days from the date of this notice, the Town of Melbourne Beach will proceed to remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the property if not otherwise paid within thirty (30) days after receipt of billing. Appeal of such billing or liening of the property may be undertaken pursuant to Section 49-43, Town Code, within not more than twenty-one (21) consecutive days after the taking of the action complained of. Further information regarding this notice or any appeal may be obtained by contacting (_____), at Melbourne Beach Town Hall, 507 Ocean Avenue, Melbourne Beach, FL 32951, telephone number (_____); e-mail (_____).
(b) Within ten days after the mailing or other service of the notice to the property owner and mortgagee (if the property is registered), and the posting of the property, the owner or mortgagee of the property may make written request to the Town Manager for a hearing before the Manager or the Manager’s designee to show that the condition alleged in the notice does not exist or that such condition does not constitute a public nuisance.
(c) At the hearing, the town and the property owner or mortgagee may introduce such evidence as is deemed necessary. The Town Manager, or the Manager’s designee, shall establish rules and regulations for the hearing procedure. The formal rules of evidence shall not apply; provided, that fundamental due process is provided. Following a review by the Town Manager, the owner or mortgagee, as applicable, will have exhausted the owner’s or mortgagee’s administrative remedies.
(d) Should the condition to be abated be deemed an emergency condition necessitating immediate action to preserve the health, safety or welfare of the neighborhood in which the parcel of land on which an attractive nuisance exists, the town may, but shall not be obligated, to abate the nuisance as provided in this article absent written notice but after it has attempted reasonable means of notifying the owner, occupant, lessee, registered mortgagee, or other person in control of the land. As soon as practicable after abatement, notice shall be sent to the owner, occupant, lessee, registered mortgagee, or other person in control of the parcel of land on which the attractive nuisance exists, of the action taken and a lien shall arise as provided in § 49-63.
(Ord. 2009-02, adopted 2-18-09)