Ordinance No. 95-09-99 v ORDINANCE NO. 95-09-99
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 3,
NUISANCE CONTROL BOARD, PROVIDING FOR THE CODE
ENFORCEMENT BOARD TO ALSO CONSTITUTE THE
NUISANCE CONTROL BOARD, AMENDING PUBLIC
NUISANCES TO CONFORM WITH FLORIDA STATUTES, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION ON BEHALF OF THE PEOPLE OF
THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1: Division 3,Nuisance Control Board, consisting of Sections 2-161 through
2-170, of the Code of Ordinances of the City of Atlantic Beach, Florida, is hereby
amended to read as follows:
DIVISION 3. NUISANCE CONTROL BOARD
Sec. 2-161. Created.
Pursuant to Florida Statutes Section 893.138, an administrative board to be known
as the "Public Nuisance Control Board" is hereby created. The word "board" when used
in this ordinance shall be construed to mean the said "Public Nuisance Control Board."
(Ord.No. 95-89-40, § 1, 6-12-89)
Sec. 2-162. Membership.
The members of the Code Enforcement Board shall constitute the members of the
Public Nuisance Control Board.
Sec. 2-167. Complaints; hearings; declaration of public nuisance.
(a) The board shall hear complaints regarding certain nuisances as described
herein. Any place or premises that has been used:
On more than two occasions within a 6-month period, as the site of a violation of
FSS. 796.07 prostitution;
On more than two occasions within a 6-month period, as the site of the unlawful
sale, delivery, manufacture, or cultivation of any controlled substance;
On more than one occasion as the site of the unlawful possession of a controlled
substance, where such possession constitutes a felony and that has been previously used
on more than one occasion as the site of the unlawful sale, delivery, manufacture, or
cultivation of any controlled substance under FSS. 893;
By a criminal gang for the purpose of conducting criminal gang activity as
defined by FSS. 874.03; or
On more than two occasions within a 6-month period, as the site of a violation of
FSS. 812.019 relating to dealing in stolen property.
may be declared to be a public nuisance, and such nuisance may be abated pursuant to the
procedures provided in this section.
(b) Any employee, officer or resident of the city may bring a complaint before
the board after giving not less than three (3) days' written notice of such complaint to the
owner of the place or premises at his last known address. Any such complaint shall be
filed with the Code Enforcement Officer.
(c) The board shall conduct a hearing during which the owner of the premises
shall have an opportunity to present evidence in his defense. Such evidence shall include
any action taken by the owner to abate the nuisance and the time frame, after notice to
him, within which such action was taken. After considering all evidence, including
evidence of the general reputation of the place or premises, the board may declare the
place or premises to be a public nuisance as described herein.
(d) If the board declares a place or premises to be a public nuisance, it may enter
an order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises; or
(3) The conduct, operation or maintenance of any business or activity on the
premises which is conducive to such nuisance. Any such order entered shall expire after
one year or at such earlier time as stated in the order.
Sec. 2-168. Permanent injunctions.
The City may bring a complaint under Florida Statutes Section 60.05 seeking a
permanent injunction against any nuisance described herein.
Sec. 2-169. Restrictions.
This division does not restrict the right of any person to proceed under Florida
Statutes Section 60.05 against any public nuisance."
SECTION 2: This Ordinance shall take effect immediately upon its final passage and
adoption.
PASSED by the City Commission on first reading the 11th day of May, 2009.
Ordinance No. 95-09-99 Page 2 of 3
PASSED by the City Commission on second and final reading the 26th day of May, 2009.
ATTEST:
adlovria.ifidijek
DONNA L. BARTLE, CMC JO 711111 .� ERVE
City Clerk Mas , Presid g Officer
Approved as to form and correctness:
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Ate
A' C JENSEN, ESQUIRE
ley A .rney
Ordinance No. 95-09-99 Page 3 of 3