§ 2-123. Jurisdiction and procedures.

(a)

Any employee, officer, or resident of Polk County may bring a complaint before the board by submitting it to the board designee. The board shall hear complaints that any place or premises has been used on more than two (2) occasions, within a six-month period:

(1)

As the site of prostitution in violation of Section 796.07, Florida Statutes;

(2)

As the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(3)

On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; or

(4)

Any place or building used by a criminal street gang for the purpose of conducting a pattern of criminal street gang activity. Such a place or premises may be declared a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section.

(b)

Any complaint may be brought before the board after giving not less than three (3) days' written notice of such complaint to the owner of the place or premises at his or her last known address by certified mail, return receipt requested, or by hand delivery. Said notice shall contain a brief description of the violation and the date, time and place of the hearing. Complaints shall be verified.

(c)

The board shall conduct a public hearing at which it may consider any evidence, including evidence of the general reputation of the place or premises.

(d)

Provided that proper notice of the initial meeting has been served upon the owner of the place or premises as provided in subsection (b) above, such hearing may proceed in the absence of the owner.

(e)

The owner of the place or premises shall have the opportunity to appear before the board in person or through legal counsel, to offer evidence in his behalf.

(f)

All testimony shall be under oath and shall be recorded. The board shall take testimony from the complainant and also from the owner, if the owner wishes to testify, and from such other witnesses as may be called by the respective sides.

(g)

Formal rules of evidence shall not apply although the Florida Rules of Civil Procedure may be used to guide the board in determining which procedures to follow. Fundamental due process shall be observed and govern said proceedings.

(h)

Any member of the board or representative of the county attorney's office may inquire of any witness before the board. The complainant, or his attorney, and the owner, or his attorney, shall be permitted to inquire of any witness and shall be permitted to present brief opening and closing statements.

(i)

After the conclusion of the hearing, the nuisance abatement board shall issue written findings of fact, based on evidence in the record, and conclusions of law. The board may find and declare that the place or premises have been used as alleged in the complaint and that such use constitutes a public nuisance.

(j)

If the board declares a place or premises to be a public nuisance, it shall enter an order immediately prohibiting:

(1)

The maintaining of the nuisance;

(2)

The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or

(3)

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

Said order shall expire after one year or at such earlier time as is stated in the order. Said order may be enforced pursuant to the procedures contained in section 120.69, Florida Statutes (1997).

(k)

The board may bring a complaint pursuant to Section 60.05, Florida Statutes (1987), seeking a permanent injunction against any nuisance described in section 893.138, Florida Statutes (1987).

(l)

The board may also:

(1)

Impose fines for public nuisances not to exceed two hundred fifty dollars ($250.00) per day;

(2)

Assess against the owner of the place or premises the payment of reasonable costs, including reasonable attorney fees, associated with investigations of and hearings on public nuisances;

(3)

Provide for continuing jurisdiction for a period of one year over any place or premises that has been or is declared to be a public nuisance; and/or

(4)

Impose fines not to exceed five hundred dollars ($500.00) per day for recurring public nuisances.

(m)

A certified copy of an order may be recorded in the public records of the county.

(n)

A recorded order on a public nuisance shall constitute a lien against the real property that is the subject of the order. The board may authorize the county attorney's office to foreclose property subject to a lien and recover all costs, including attorney fees, associated with the recording of orders and foreclosure.

(o)

The total amount of a lien imposed pursuant to the authority of this section shall not exceed seven thousand five hundred dollars ($7,500.00).

(Ord. No. 88-14, § 3, 5-24-88; Ord. No. 99-03, § 2, 2-2-99)