§ 74-80. Creation of nuisance abatement special master.

There is hereby created the "Brevard County Nuisance Abatement Special Master", as described in this section.

(1)

Composition. The nuisance abatement special master shall be appointed in the same manner as the code enforcement special master. The special master shall be an attorney practicing law in the county and a member in good standing of the Florida Bar for at least three years.

(2)

Terms of office. The special master shall be appointed for the term of one year.

(3)

Meetings of the special master. Meetings of the special master shall be held on an as needed basis. Notice of the time and place of meetings shall be given to all complainants and owners of premises scheduled to be heard. Notice shall be given in writing at least ten days prior to the meeting. Any aggrieved person may request a continuance of the hearing. The special master may grant a continuance of any hearing for good cause. The meetings of the special master shall be recorded and transcribed at the expense of the party requesting the transcript. All meetings shall be in compliance with Florida's "Government in Sunshine Law" and Chapter 286.011, Florida Statutes. All records shall be public records as defined by Chapter 119.011, Florida Statutes.

(4)

Conduct of hearings. The county sheriff or designee may present cases before the special master. All parties shall have an opportunity to present evidence and argument on all issues involved; to conduct cross-examination and submit evidence; and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the special master proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut it. The special master may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath, and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the special master shall be on a preponderance of the evidence presented at the hearing.

(Ord. No. 2001-32, § 5, 7-10-01)