§ 58-94. Remedies, orders and jurisdiction.

(a)

At the conclusion of the hearing and after considering all evidence presented at such hearing, the board shall issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist.

(1)

If the board finds that the allegations of the complaint have not been proved, the board shall dismiss the complaint.

(2)

If the board finds that a sufficient number of the allegations of the complaint have been proved, the board may declare the property to be an unlawful public nuisance.

(b)

If the board declares that the property is an unlawful public nuisance, the board shall then consider the appropriate remedy, at the same meeting or at a later regular meeting or special meeting called for such purpose. The board may, following its consideration of the appropriate remedy and endeavoring to use the least restrictive method believed necessary to abate the nuisance, enter an order:

(1)

Immediately prohibiting the maintaining of the nuisance;

(2)

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

(3)

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

(4)

Requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance; or

(5)

Any combination of subsections (b)(1), (2), (3), or (4) of this section.

(c)

Upon declaring that the property is an unlawful public nuisance, the board may also:

(1)

Impose a fine not to exceed $250.00 per day for each day conduct occurred upon which the board based its finding of a public nuisance, and a fine not to exceed $500.00 per day for each subsequent finding of recurring public nuisance conduct occurring on the premises during the time the board retains jurisdiction over the premises. If two or more respondents are fined, the total amount of the fines shall not exceed the maximum amount per day authorized by this subsection. The respondent must satisfy the fine by making payment to the city. Unpaid fines shall accrue interest as provided in F.S. § 55.03. The board may suspend such fines, in whole or in part, contingent upon compliance with other terms or conditions of the order, and may terminate the suspension and impose such fines upon a showing that the respondent has not complied with such term or condition of the order;

(2)

Award reasonable costs associated with the investigation and hearing on the public nuisance, including an attorney's fee, investigative costs, and costs of recording of its order. The respondent must pay the award of costs and fees to the city. Unpaid costs and fees shall accrue interest as provide in F.S. § 55.03. The board may suspend such costs and fees, in whole or in part, contingent upon compliance with the other terms or conditions of the order, and may later terminate the suspension and impose such costs and fees upon a showing that the respondent has not complied with such term or condition of the order.

(d)

If the board finds two or more respondents responsible for a public nuisance, those respondents will be jointly and severally responsible for complying with the actions ordered under this section and for satisfying the fines imposed and costs and fees awarded.

(e)

The total fine imposed pursuant to this section shall not exceed $15,000.00 during the effective term of any order. If two or more respondents are fined, the total amount of the fines shall not exceed $15,000.00 during the effective term of the order.

(f)

The findings and orders of the board shall be reduced to writing, executed by the presiding chair of the board, and filed with the city clerk. A copy of the executed order shall be mailed or hand delivered to each party within five working days after execution by the presiding chair of the board.

(g)

The board may retain jurisdiction for one year after the order's effective date to modify the order where just cause is found to exist.

(h)

The board may request the city to bring a complaint under F.S. § 60.05, seeking an injunction against any nuisance described herein.

(i)

The board, after ordering any of the remedies authorized by this section, may suspend the remedy, and may lift the suspension at any time while the board has jurisdiction whether such remedy was initially imposed or not. The board shall give the owner notice and an opportunity to be heard before lifting a suspended remedy or imposing a new remedy. Lifting a suspended remedy or imposing a new remedy shall not operate to extend the one-year jurisdiction of the board.

(Added in 2018 recodification)