§ 2-256. Duties.

(a)

Pursuant to Section 893.138(3), Florida Statutes, the nuisance abatement board shall hear complaints regarding nuisances described in Section 893.138(2) of the Florida Statutes. Any employee, officer, or resident of the city may bring a complaint before the Board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises where the nuisance is occurring at his or her last known address. The complaint shall be made to the city's police department and the police department shall agenda the case for a hearing before the Board. The police department shall provide notice as required by Section 893.138(3), Florida Statutes. If notice is provided by mail, an additional five (5) days shall be afforded for notice to be received.

(b)

After a hearing, in which the Board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner shall have an opportunity to present evidence in his or her defense, the Board may declare the place or premises to be a public nuisance in accordance with Section 893.138(2), Florida Statutes.

(c)

If the Board declares a place or premises to be a public nuisance pursuant to subsection (b) above, the Board may enter an order requiring the owner of such place or premises to adopt such procedures as may be appropriate under the circumstances to abate any such nuisance or it may enter an order:

(1)

Prohibiting the maintaining of the nuisance;

(2)

Prohibiting the operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof. Any such order of the Board shall not become final until approved by motion of the city commission;

(3)

Prohibiting the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance;

(4)

Requiring the owner to pay a fine in an amount up to two hundred fifty dollars ($250.00) per day for a public nuisance or up to five hundred dollars ($500.00) per day for a recurring public nuisance. Total fines imposed pursuant to this section shall not exceed the statutory limit provided in Section 893.138, Florida Statutes.

(5)

Establishing continuing jurisdiction for a period of up to one (1) year over any place or premises that has been or is declared to be a nuisance; and

(6)

Providing for the payment of reasonable costs including attorney fees, associated with investigations of and hearings on public nuisances.

(d)

Any order entered under subsection (c) above shall expire after one (1) year or at such earlier time as stated in the order.

(e)

An order entered under subsection (c) above may be enforced pursuant to procedures contained in Section 120.69, Florida Statutes.

(f)

The Board may bring a complaint under Section 60.05 Florida Statutes, seeking temporary or permanent injunctive relief against a nuisance described in Section 893.138(2), Florida Statutes.

(g)

All orders of the Board may be recorded in the Public Records of Broward County, Florida, and shall constitute a lien on the real property which is the subject of the order. Said property subject to such liens may be foreclosed in the manner prescribed by law for foreclosure of liens and shall include the recovery of all costs and reasonable attorney fees associated with the recording of orders and foreclosure. However, no lien created pursuant to this section may be foreclosed on real property which is a homestead under Section 4, Article X, of the Florida State Constitution.

(h)

The Board shall meet not less than once per month, if there are cases pending, on a date agreed to by the Board, except the Board may decide not to meet during one (1) month per year.

(i)

All powers and rights conferred by this section shall be in addition to and supplemental to those conferred by Section 893.138, Florida Statutes, as amended from time to time, or any other general or special law governing public nuisances and shall be liberally construed to effectuate the purposes of nuisance abatement.

(Ord. No. C-98-7, § 2, 2-3-98; Ord. No. C-01-16, § 1, 5-1-01)