(A) (1) Any employee, officer, or resident of the city may file, in accordance with this section, a complaint alleging the existence of a public nuisance. Such complaint shall only be for those nuisances enumerated above in § 93.23 and shall state facts that reasonably tend to establish the existence of such public nuisance.
(2) All complaints shall be filed with the Nuisance Abatement Coordinator. The Nuisance Abatement Coordinator shall review each complaint filed to determine whether the facts presented establish the requisite number of incidents or occurrences required under § 93.23 of this Code. Where the complaint alleges the requisite number of incidents or occurrences to establish a nuisance under this subchapter, the Nuisance Abatement Coordinator shall forward the complaint, with any relevant incident or arrest reports generated by the Police Department substantiating such incidents or occurrences or evidencing new or additional incidents or occurrences, to the City Attorney.
(B) (1) The City Attorney shall review all complaints received from the Nuisance Abatement Coordinator for legal sufficiency. If the City Attorney deems the complaint sufficient under the code to support a probable finding of the existence of a public nuisance, the Nuisance Abatement Coordinator shall prepare a courtesy notice of violation to be served, in accordance with this section, upon the owner of the property in question. The courtesy notice of violation shall provide the name of the owner of the premises, the address of the premises where the nuisance has occurred, a brief statement describing the incidents or occurrences which support the finding of a public nuisance upon the premises, and recommendations of remedial action to be taken to abate the public nuisance upon the property. The owner of the premises shall have ten (10) days from the date of the notice to contact the Nuisance Abatement Coordinator to indicate what action will be taken to abate the nuisance upon the premises. Failure of the owner to receive this notice of violation shall not invalidate any further proceedings hereunder.
(2) If a recurring public nuisance or emergency situation exists, the Nuisance Abatement Coordinator shall not be required to provide a courtesy notice of violation, but instead the City Manager may prepare and serve a statement of violation and notice of hearing as provided below.
(C) Should the owner or operator fail to contact the Nuisance Abatement Coordinator, fail to commit to a course of action designed to abate the nuisance upon the property, or should there be any further incidents or occurrences which constitute a nuisance upon the property, a hearing date shall be scheduled before the Board. Such hearing shall be held no sooner than ten (10) days after the notice of hearing is sent to the owner of the place or premises at the owner's last known address. The Nuisance Abatement Coordinator shall then prepare and serve upon the owner or operator, in accordance with this subchapter, a statement of violation/notice of hearing providing the following information:
(1) A statement of the time, place and nature of the hearing;
(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the statutes and ordinances involved; and
(4) A copy of the statement of violation, including all documentation in support thereof.
(D) All notices under this subchapter shall be hand-delivered by the City Police Department where practical or where not practical or impossible by certified mail, return receipt requested, to the property owner of record at the address as it appears in the public records of the County Property Appraiser's Office. If the notice is returned for any reason, then service shall be effected by mailing the notice through regular delivery to the address of the premises and by posting the notice in accordance with Fla. Stat. Ch. 162. Proof of service shall be by written declaration indicating the date, time, and manner in which service was made.
(E) The City Manager may negotiate stipulated settlement agreements with a property owner to facilitate the abatement of a public nuisance. All stipulated agreements shall be reviewed and approved by the Nuisance Abatement Coordinator and Board prior to being effective.
(Ord. 2022-32, passed 3-3-22)