Sec. 42-26. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Complainant means any person or group of persons who submits, in writing, a complaint to the county administrator that a use or condition constitutes a public nuisance.

Premises means land and all structures and articles appurtenant or attached thereto which are owned, leased, occupied or controlled by a person.

Respondent means any person who is alleged, by virtue of a complaint filed with the county administrator, to be maintaining a public nuisance.

(Code 1970, § 16¾-45; Ord. No. 80-31, § 1, 11-4-80)

Cross reference— Definitions generally, § 1-2.

Sec. 42-27. - Purpose.

The purpose of this article is to protect the comfort, health, repose, safety and general welfare of citizens who reside in the unincorporated area of the county and to prevent the maintenance of nuisances which affect the public generally. In order to accomplish this purpose, it is deemed necessary to establish a mechanism of review and to provide for remedies in order to abate public nuisances.

(Code 1970, § 16¾-46; Ord. No. 80-31, § 2, 11-4-80)

Sec. 42-28. - Maintenance of property.

No person owning, leasing, occupying or having control of any premises within the unincorporated area of the county shall maintain, keep or permit a public nuisance, as determined in accordance with section 42-30.

(Code 1970, § 16¾-47; Ord. No. 80-31, § 3, 11-4-80)

Sec. 42-29. - Initiation of complaint.

In order to initiate the review procedures provided for in this article with regard to public nuisances, a petition alleging the existence of a public nuisance must be filed with the county administrator or his designee. The petition shall be signed by no less than 51 percent of either the property owners located or persons residing within 1,000 feet of the premises upon which the public nuisance is alleged to exist. The petition must also state or demonstrate, with particularity, the following:

(1)

The activities or conditions which are alleged to constitute the public nuisances;

(2)

The names and addresses of persons who will provide testimony of sufficient quality and quantity to establish the existence of the conditions constituting the public nuisance;

(3)

The substance of the testimony which will be provided by each prospective witness listed; and

(4)

That all property owners signing the petition are being adversely and unreasonably affected by the alleged public nuisance.

(Code 1970, § 16¾-48; Ord. No. 80-31, § 4, 11-4-80)

Sec. 42-30. - Criteria for establishing existence of public nuisance.

Upon initiation of a complaint, in the manner provided for in section 42-29, the county administrator or his designee shall determine whether or not there is probable cause to believe that a public nuisance exists or is being maintained on property located in the county. In making that determination, the county administrator or his designee must determine that at least two of the following conditions exist on the premises:

(1)

The condition or use complained of must be caused by continued and substantial intrusion upon adjoining property of malodorous or noxious gases, smoke, ashes, soot, dust, fumes, chemical diffusion, smog or other particles or gases of sufficient quantity to adversely and unreasonably affect the free use and comfortable enjoyment of such adjoining property.

(2)

The condition or use complained of must be caused by continued and substantial intrusions upon adjoining property of excessive vibrations, explosions or loud noises which adversely and unreasonably affect the free use and comfortable enjoyment of such adjoining property.

(3)

Persons who frequent the premises are repeatedly engaged in raucous or disorderly conduct, repeated disturbances of the peace or repeated violations of state law in such a manner as to adversely and unreasonably affect the free use and comfortable enjoyment of adjoining property.

(4)

The premises must tend to consistently and repeatedly attract vagrants, loiterers or habitually intoxicated individuals to a degree which adversely and unreasonably affects the free use and comfortable enjoyment of adjoining property.

(5)

The premises must have a history of repeated incidents of violence.

(6)

The premises, through nonuse, deterioration, unauthorized storage, unauthorized dumping or overgrowth of vegetation, constitutes a fire hazard.

(7)

The premises, through nonuse, deterioration, unauthorized storage, unauthorized storage, unauthorized dumping or overgrowth of vegetation, constitutes a breeding ground or harborage for rats, snakes or other vermin.

(8)

The condition or use complained of, if allowed to continue, would result in a ten-percent diminution of property values of property within 1,000 feet of the premises upon which the condition or use exists.

(9)

The condition or use of the property causes repeated flooding or otherwise physically encroaches upon adjoining properties, whether public or private, in a manner which adversely and unreasonably affects the free use and enjoyment of such property or in a manner which substantially reduces the efficiency or utility of public improvements located on such property.

(10)

The condition or use of the property must be present on at least three days during the week.

(11)

The condition or use of the property giving rise to the nuisance must consistently occur between the hours of 9:00 p.m. and 7:00 a.m.

(12)

The condition must physically intrude upon property located at least 1,000 feet from the premises.

(Code 1970, § 16¾-49; Ord. No. 80-31, § 5, 11-4-80)

Sec. 42-31. - Determination of probable cause that nuisance exists.

(a)

Upon initiation of a complaint, as provided for in section 42-29, and after consideration of the criteria set forth in section 42-30, the county administrator or his designee shall determine whether there is probable cause to believe that a public nuisance exists or is being maintained upon the premises involved with the complaint.

(b)

Upon a determination that there is probable cause to believe that a public nuisance exists or is being maintained, the county administrator shall submit a report to the board of county commissioners indicating his reasons for determining that probable cause exists. Upon the receipt of such a report, the board of county commissioners shall either initiate public hearings in accordance with section 42-32 or shall overrule the finding of probable cause and terminate proceedings.

(c)

If no determination of probable cause is made by the county administrator, the proceedings shall be deemed terminated.

(Code 1970, § 16¾-50; Ord. No. 80-31, § 6, 11-4-80)

Sec. 42-32. - Hearings.

(a)

Where the board of county commissioners, in response to the county administrator's report pursuant to section 42-31, decides to initiate public hearings on an alleged public nuisance, the date, time and location of the hearing shall be published in a newspaper of general circulation in the county at least 30 days prior to the date set for the hearing. The board of county commissioners shall provide the respondent a copy of the complaint, the administrator's report and written notice, by mail, of the date, time and location of the hearing at least 30 days prior to the date set for hearing. The complainant shall also be notified, in writing, of the time, date and location of the hearing at least 30 days prior to the hearing. At the time and place specified in the notice, the board of county commissioners shall accord to all persons attending an opportunity to be heard. Costs of all advertising shall be borne by the complainant. If the board of county commissioners finds, after hearing, that a nuisance exists, such cost shall be borne by the respondent creating the nuisance.

(b)

If, after such a hearing, the board of county commissioners determines, based upon the evidence, that two or more of the criteria set forth in section 42-30 exist and, as a result, determines that a public nuisance exists or is being maintained, it shall, within 14 days of the date of the hearing, set forth in writing its findings of fact and decision. If no public nuisance is deemed to exist, the board of county commissioners will announce such decision either at the meeting in which the public hearing is held or within 14 days after the date of such hearing.

(Code 1970, § 16¾-51; Ord. No. 80-31, § 7, 11-4-80)

Sec. 42-33. - Abatement order.

As part of its written decision that a public nuisance exists, the board of county commissioners may order one or more of the following remedies as a means of abating the public nuisance:

(1)

Upon a determination by the board of county commissioners that certain measures or activities would abate the nuisance and upon agreement by the respondent to take such measures or engage in such activities, the board of county commissioners may decline to take further action for a specified period of time to be set by the board of county commissioners. Within that time period, the respondent shall rectify the public nuisance condition or use by completing the measures agreed to or engaging in the activity agreed to with the board of county commissioners. If, at the expiration of the time period, the measures are not completed or the activity has not been engaged in by the respondent, the board of county commissioners may, at its next regularly scheduled meeting, after notifying the respondent at least five days in advance of such meeting, take further action in accordance with subsections (2) through (7) of this section.

(2)

If the nuisance arises from the operation of a business or occupation of the respondent, the board of county commissioners may order the revocation of the respondent's occupational license for the operation of such business.

(3)

The board of county commissioners may impose conditions or restrictions on the continued use of the property in a manner which would alleviate or abate the public nuisance existing on the premises.

(4)

The board of county commissioners may order the suspension of the business or activity giving rise to the public nuisance on the site or premises for periods of up to six months, while simultaneously ordering the correction or elimination of the conditions or use giving rise to the public nuisance, subject to section 42-34

(5)

The board of county commissioners may request the state attorney or state attorney general to seek judicial relief for the abatement of the public nuisance pursuant to F.S. § 60.05.

(6)

The board of county commissioners may order the abatement of the public nuisance by specifying the steps or measures which must be taken by the respondent to abate the nuisance. Such an order may also require the respondent to cease and desist from maintaining the use or conditions giving rise to the public nuisance.

(7)

The board of county commissioners may direct the county attorney to seek appropriate judicial relief for the abatement of the public nuisance.

(Code 1970, § 16¾-52; Ord. No. 80-31, § 8, 11-4-80)

Sec. 42-34. - Failure to comply with abatement order.

The failure of a respondent or any other appropriate party to comply with an abatement order issued by the board of county commissioners pursuant to section 42-33 or with any requirements, measures or steps imposed upon the respondent through such an order shall be unlawful and shall constitute a violation of this article. Each day upon which a respondent or other person continues to maintain a public nuisance in violation of an abatement order or fails to carry out requirements, measures or steps imposed by such an order shall constitute a separate offense.

(Code 1970, § 16¾-53; Ord. No. 80-31, § 9, 11-4-80)

Sec. 42-35. - Additional enforcement.

In addition to the other remedies provided for in this article, the county administrator or his designee shall have the authority to issue citations for each violation of an abatement order or for the failure of a respondent or other person to carry out requirements, measures or steps imposed by such an order.

(Code 1970, § 16¾-54; Ord. No. 80-31, § 10, 11-4-80)

Sec. 42-36. - Alternative procedure.

As an alternative to the petition method of initiating proceedings under this article, the county administrator, his designee or the board of county commissioners may initiate a public nuisance complaint against any person maintaining a public nuisance, upon a determination that there is probable cause to believe that such a nuisance is being maintained, in substantially the same manner set forth in section 42-30. After making a determination of probable cause, the board of county commissioners shall initiate hearing proceedings in accordance with section 42-32.

(Code 1970, § 16¾-55; Ord. No. 80-31, § 11, 11-4-80)

Sec. 42-37. - Judicial review.

(a)

Within 30 days of the entry of an order by the board of county commissioners under this article, any person aggrieved may seek judicial review of the board decision by appropriate action in the circuit court of the county.

(b)

It is declared by the board of county commissioners that the intent of this article is to provide a mechanism for the review of public nuisances. Consequently, the procedures set forth in this article constitute administrative remedies available to those persons who are adversely affected by the maintenance of a public nuisance. Any person filing a complaint alleging the existence of a public nuisance shall, therefore, have been deemed to have made an election of remedies which shall preclude any judicial action against the board of county commissioners should the board of county commissioners, the county administrator or his designee determine that no public nuisance is being maintained or that no public nuisance exists.

(c)

The issuance of an abatement order by the board of county commissioners shall constitute prima facie evidence that a public nuisance exists or is being maintained by the respondent upon whom the order has been imposed. Such an abatement order may be utilized by any person seeking a judicial abatement of a nuisance in accordance with F.S. § 60.05.

(Code 1970, § 16¾-56; Ord. No. 80-31, § 12, 11-4-80)

Secs. 42-38—42-50. - Reserved.