§ 74-82. Enforcement procedure.

(a)

Any employee, officer or resident of the county may bring a complaint alleging that a place or premises constitutes a public nuisance, as defined herein, before the nuisance abatement special master through notification of the sheriff's office.

(b)

Such complaint shall be reviewed by the sheriff's office for legal sufficiency. Except as provided in subsection (c) and (d) below, if the sheriff's office deems the complaint sufficient to support a legal finding of existence of a public nuisance, the sheriff's office may notify the owner and suggest a reasonable time to correct the alleged public nuisance. Should the alleged public nuisance continue beyond the time suggested for correction, the sheriff's office may notify the nuisance abatement special master and request a hearing. The nuisance abatement special master shall provide notice in writing at least ten days prior to the meeting. The notice shall be hand delivered or delivered by certified mail, return receipt requested, to the owners at his or her last known address. If an attempt to reach the owner by hand or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in Chapter 49, Florida Statutes, as it may be amended from time to time, as long as such notice provides the owner or an agent of the owner, with not less than ten days notice prior to the date of the hearing. Further, not less than three days prior to the date of the hearing, copies of any evidence submitted to the nuisance abatement special master shall also be provided to the owner and any other parties to the nuisance abatement action. If the public nuisance is corrected and then recurs or if the public nuisance is not corrected by the time suggested for correction, the case may be presented to the nuisance abatement special master although the public nuisance has been corrected prior to the nuisance abatement master hearing, and the notice shall so state.

(c)

If a recurring public nuisance is found, the sheriff's office may notify the owner but is not required to suggest a reasonable time to correct the public nuisance. The sheriff's office, upon notifying the owner the owner of a recurring public nuisance, may notify the nuisance abatement special master and request a hearing. The nuisance abatement special master shall provide notice pursuant to subsection (b) above. The case may be presented to the nuisance abatement master although the recurring public nuisance has been corrected prior to the special master hearing, and the notice shall so state.

(d)

If the sheriff's office has reason to believe a public nuisance or the condition causing a public nuisance presents a serious threat to public health, safety and welfare or the sheriff's office has reason to believe a public nuisance is irreparable or irreversible in nature, the sheriff's office may make a reasonable effort to notify the owner and may immediately notify the nuisance abatement special master, request a hearing and provide notice pursuant to subsection (b) above.

(e)

If the sheriff's office reviews a complaint and elects not to proceed with it because of legal insufficiency or other concerns, the complainant may proceed to bring the complaint before the special master. The complainant shall notify the nuisance abatement special master and request the nuisance abatement special master to schedule a hearing. The complainant shall then comply with the provisions of this article and any such other rules which shall be adopted by the nuisance abatement special master pertaining to delivery of notice and conduct of the hearing.

(f)

Pursuant to subsections 898.138(6),(7), Florida Statutes, an order entered by the special master may be enforced pursuant to the procedures contained in § 120.69, Florida Statutes. This subsection does not subject the county or the nuisance abatement special master to any other provision of Chapter 120, Florida Statutes. The board of county commissioners may bring a complaint under § 60.05, Florida Statutes, seeking temporary and permanent injunctive relief against any nuisance, as defined by this provision.

(Ord. No. 2001-32, § 7, 7-10-01)