(A) Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The Special Magistrate may consider any evidence, including evidence of the general reputation of the place or premises. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether such evidence would be admissible in a state court. Irrelevant, immaterial or unduly repetitive evidence shall be excluded. All testimony shall be taken under oath and shall be recorded. Each party shall have the following rights:
(1) To call and examine witnesses.
(2) To introduce documentary evidence, exhibits, or physical evidence.
(3) To cross examine opposing witnesses on any relevant matter.
(4) To impeach any witness.
(5) To submit rebuttal evidence.
(6) To be represented by counsel.
(7) To make brief opening and/or closing statements
(B) The Nuisance Abatement Coordinator shall present evidence before the Board on behalf of the city and has the burden to prove the existence of a public nuisance by substantial and competent evidence.
(C) The owner of the place or premises shall be allowed to introduce evidence as to any remedial measures taken to ameliorate the conditions which led to the public nuisance complaint.
(D) The Special Magistrate may proceed with a hearing in absentia on the merits of an alleged public nuisance against any property owner who has been properly noticed under this subchapter and has failed to appear. Any findings or orders entered by the Special Magistrate are valid and binding upon each respondent who has been properly noticed.
(1) The Special Magistrate has discretion to continue a hearing to receive additional evidence, testimony, or for any other reason the Special Magistrate deems appropriate.
(2) All findings of the Special Magistrate shall be based on a preponderance of the evidence. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient to support a finding unless it would be admissible in a civil action. The burden of proof shall be on the complaining party.
(3) At the conclusion of the hearing, the Special Magistrate shall issue findings of fact based on evidence in the record and conclusions of law and shall issue an order affording the proper relief consistent with the powers granted by Florida Statutes and by this section. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) days after the hearing.
(4) If the Special Magistrate declares a place or premises to be a public nuisance, it may enter an order immediately prohibiting:
(a) The maintaining of the nuisance;
(b) The operating or maintaining of the place or premises;
(c) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance; or
(d) Any other measures or conditions the Special Magistrate deems appropriate to abate a public nuisance.
(5) An order of the Special Magistrate shall expire after one (1) year or at earlier time as designated in the order. The order may include deadlines or other notice for requiring compliance by a certain date and that a fine may be imposed in accordance with this subchapter.
(6) If the City proves the existence of a public nuisance or recurring public nuisance before the Board, the City as the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs associated with the investigation, hearing and prosecution on the public nuisance through all appellate proceedings, including the costs of recording any order, notice or agreement.
(Ord. 2022-32, passed 3-3-22)