§ 222-1. Prevention and abatement of nuisance; procedure; alternative remedies; penalty.

(a)

Purpose. The purpose of this section is to promote the health, safety, morals and general welfare of the citizens living in the unincorporated areas of Brevard County; and it is the legislative intent that this section be liberally construed so as to effectuate these purposes, as far as legally and practically possible.

(b)

Grant of powers. The board of county commissioners is authorized by resolution to adopt rules and regulations to prevent and abate nuisances in the unincorporated areas; to require owners and occupants of lots to empty or fill those areas upon which pools of water have collected; to require the owners of vacant property to remove trash, filth or other matter which may cause disease or create a health hazard; to require the owners of property to keep down, by cutting and removing the same, all excessive growth of weeds and other noxious plants; and to perform any such work as may be necessary in the event of the owner's failure to do so and to assess the cost thereof against the property owner.

(c)

Method of procedure. The rules and regulations promulgated pursuant to this section shall provide that the owner of property maintaining any condition which may be a violation of this section or of the rules and regulations promulgated pursuant to this section shall be given not less than ten days' written notice to correct said condition, said notice to be sent by registered or certified mail to the address of the property owner shown on the tax assessor's current roll.

(d)

Remedies. The following alternative remedies are provided for failure to comply with the rules and regulations promulgated under the provisions of this section:

(1)

The board of county commissioners shall have the right to correct any noxious condition after notice to the owner and the owner's failure to correct said condition. The cost of any work performed by the board under this section shall be assessed against the owner of the property upon which such work is performed. Assessments made hereunder shall become due and payable at the office of the Brevard County tax collector 30 days after the assessment is made. The assessments shall bear interest at the rate of six percent per annum and shall constitute liens upon the property from the date of the assessment and shall be collectible in the same manner as liens for taxes and with the same attorney's fee, interest and penalties for default in payment, and under the same provisions as to sale and forfeiture as apply to other county taxes. Collection of such assessments, with such interest and penalties and with a reasonable attorney's fee, may also be made by the board of county commissioners by proceedings in a court of equity to foreclose the lien of the assessment as a lien for mortgages is, or may be, foreclosed under the laws of Florida; and it shall be lawful to join in any complaint for foreclosure any one or more lots or parcels of land, by whomsoever owned, if assessed under the provisions of this section. The property subject to lien may be redeemed at any time prior to sale by paying the total amount due, including interest, court costs, advertising costs and reasonable attorneys' fees.

(2)

The violation of any of the rules and regulations promulgated pursuant to this section may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law; and such action may be instituted and maintained by the board of county commissioners, by any taxpayer within the county, or by any person affected by the violation of any such rules or regulations.

(e)

Penalties. Any person, firm, corporation, association or other group or body who shall violate any of the rules or regulations promulgated under the authority of this section is guilty of a misdemeanor.

(Laws of Fla. ch. 65-1280, §§ 1—5)

State law reference

Nuisance abatement generally, F.S. §§ 60.05, 60.06; sanitary nuisances, F.S. § 386.01 et seq.