(a)

It is the intent of this article to promote, protect, and improve the health, safety, and welfare of the citizens of the City of Hallandale Beach through an administrative nuisance abatement board with authority to impose administrative fines and other non-criminal penalties to abate public nuisances within the city.

(b)

Jurisdiction and powers. The nuisance abatement board as created in chapter 2, article III, division 6 shall have the powers as delineated in this article, F.S. § 893.138 and Florida law which shall include, but not be limited to, the following:

(1)

Adopt rules of procedure for the administration and conduct of its hearings. Such rules shall not be inconsistent with state or local law.

(2)

Jurisdiction to hear and decide complaints alleging that a place or premises constitutes a public nuisance pursuant to the terms and procedures in this article.

(3)

The power to subpoena respondents, witnesses and evidence, records and other material relevant to the proceedings and take testimony under oath. Subpoenas may be served by the city police department or by such other person provided by law.

(4)

Issue orders having the force and effect of law, which include, but are not limited to, the prohibition, enjoinment or abatement of public nuisances, including the establishment and levy of fines.

(Ord. No. 2014-17, § 2, 5-21-2014)

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

Complainant shall mean the City of Hallandale Beach.

Controlled substance shall have the same meaning as stated in F.S. §§ 893.02 and 893.138 and any other applicable provision of general law, as may be amended from time to time. Further, as used in this section, "controlled substance" includes any substance sold in lieu of a controlled substance in violation of F.S. § 817.563 or any imitation controlled substance defined in F.S. § 817.564.

Nuisance abatement board shall mean the City of Hallandale Beach Nuisance Abatement Board which is also referred to herein as "board."

Operator or occupant shall mean the person operating or occupying a place or premises subject to this article.

Owner shall mean the record owner of the place or premises that is the site of a public nuisance. In cases where the owner and the operator are the same person, the terms "owner" and "operator" are used interchangeably.

Place or premises shall mean the land and its appurtenances, structures and fixtures thereon, as such land is described or contained in a deed or instrument of conveyance and recorded in the official records of Broward County.

Prostitution shall have the same meaning as stated in F.S. § 796.07, as may be amended, means the giving or receiving of the body for sexual activity for hire, but excludes sexual activity between spouses.

Public nuisance shall mean the conduct described in section 15-3 of this article and Florida Statutes.

Recurring public nuisance shall mean a single or multiple instance of conduct described in section 15-3 of this article occurring during the effective term of a previous order entered by the nuisance abatement board.

(Ord. No. 2014-17, § 2, 5-21-2014)

(a)

For the purpose of this article the following are declared to be public nuisances and may be abated pursuant to the procedures provided in section 15-6. Any place or premises that has been used:

(1)

On more than two occasions within a six-month period as the site of a violation of F.S. ch. 796, relating to prostitution and prostitution related activity. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the unlawful activities set forth in F.S. ch. 796, has been made within 30 days, prior to the issuance of notice, in accordance with this article;

(2)

On more than two occasions within a six-month period as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of F.S. ch. 893, or any federal narcotics law has been made within 30 days, prior to the issuance of notice, in accordance with this article;

(3)

On 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;

(4)

On more than two occasions within a six-month period by a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03; and

(5)

On more than two occasions within a six-month period as the site of a violation of F.S. § 812.019 relating to dealing in stolen property.

(b)

Any pain-management clinic, as described in F.S. §§ 458.3265 or 459.0137, as may be amended, which has been used on more than two occasions within a six-month period as the site of violation of:

(1)

F.S. §§ 784.011, 784.021, 784.03, or 784.045, relating to assault and battery;

(2)

F.S. § 810.01, relating to burglary;

(3)

F.S. § 812.014, relating to dealing in theft;

(4)

F.S. § 812.131, relating to robbery by sudden snatching; or

(5)

F.S. § 893.13, relating to the unlawful distribution of controlled substances;

may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this article.

(c)

Any place or premises under Florida law defined as a public nuisance.

(Ord. No. 2014-17, § 2, 5-21-2014)

The city may bring a complaint before the board alleging a nuisance as that term is defined in section 15-3. A complaint brought by the city before the board shall contain sufficient facts to identify the precise nature of the alleged nuisance. The board shall provide not less than three days' written notice of such complaint to the owner of the place or premises complained against, at the last known address of the owner. The written notice shall be served on the owner by certified mail, return receipt requested; by personal service through a process server; or by hand delivery. If service upon the owner is unsuccessful, service of the written notice may be made by posting as provided in F.S. ch. 162, such posting to take place no less than ten days before the scheduled hearing date. The written notice shall include the date, time and place of the public hearing on the complaint and brief description of the facts alleged to constitute a nuisance.

(Ord. No. 2014-17, § 2, 5-21-2014)

(a)

The hearing before the board shall be a public hearing. To the maximum extent practicable, the hearings shall be informal and formal rules of evidence shall not apply. All testimony shall be given under oath and shall be recorded. The hearings shall be conducted in such a manner that fundamental due process is ensured.

(b)

The board shall consider any and all evidence presented, including the general reputation of the place or premises, which shall be admissible. All parties shall have an opportunity to present evidence and argument, conduct cross examination, submit rebuttal evidence, and to be represented by legal counsel.

(c)

The city shall have the burden of proving the existence of an unlawful public nuisance by preponderance of the evidence.

(d)

The lack of knowledge of or nonparticipation in the conduct of a public nuisance on the part of the owner or occupant shall not be a defense.

(e)

The board shall act upon each complaint by motion and vote. A place or premises shall be declared a public nuisance by a majority vote of the board present. All findings of the board shall be based upon the standard of a preponderance of the evidence. Orders of the board shall be based upon competent and substantial evidence.

(f)

The board may hold the public hearing on a complaint although the owner of the place or premises complained against is absent from the hearing so long as the owner has received notice of the hearing pursuant to section 15-4. Any findings or orders resulting from such hearing are valid and binding upon the owner and/or occupant.

(g)

At the conclusion of the public hearing, the board may take any action provided for in section 15-6.

(Ord. No. 2014-17, § 2, 5-21-2014)

(a)

If the board declares a place or premises a nuisance after a public hearing, the board may enter an order requiring the owner of such place or premise to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance including, but not limited to:

(1)

An order immediately prohibiting:

a.

The maintaining of the nuisance;

b.

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

c.

The conduct, operation, or maintenance of any business or activity which is conducive to the maintenance of such nuisance. Any city business tax receipt issued or renewed pursuant to the provisions of chapter 18 of this Code shall not operate as authority to conduct business during any period in which the conduct of any business or business activity is prohibited.

(2)

An order immediately requiring:

a.

Potential tenants to complete a written rental application utilizing a form adopted by the board;

b.

The owner to verify information provided in written rental application form;

c.

The owner to conduct a criminal records check on each prospective tenant;

d.

The owner to verify the identity of applicant(s) through Florida Driver's License, Florida Identity Card, or other comparable form of identification.

e.

The owner to establish rules of conduct relating to certain activity within the rental unit, curtilage or common areas, violation of which shall be grounds for eviction;

f.

The owner of the premises to maintain and operate the premises in compliance with all applicable city and county ordinances and Florida law;

g.

The owner to attend meetings of an appropriate neighborhood or association;

h.

The owner to permit a Crime Prevention Through Environmental Design (C.P.T.E.D.) study to be made of the premises and to implement recommendations reasonably related to eliminating factors conducive to criminal conduct; or

i.

The owner to take any other reasonable action to abate the nuisance in a particular case.

(3)

An order immediately implementing:

Any other procedure(s) that the board deems appropriate to abate the nuisance in a particular case.

(b)

In addition to any procedure, penalty or other sanction imposed by this article, the board may enter an order:

(1)

Imposing a fine not to exceed $250.00 per day for each day conduct occurred upon which the board based its findings of a public nuisance;

(2)

Imposing a fine not to exceed $500.00 per day for recurring public nuisance conduct occurring on the premises;

(3)

Imposing a fine not to exceed $100.00 per day for each day the owner of the premises fails to comply with an order of the board; or

(4)

Requiring the owner of the premises to pay the reasonable costs including attorney's fees associated with the investigation of, and hearings on public nuisances and recording of orders.

(c)

An order issued by the board shall expire after one year or at such earlier time as stated in the order.

(d)

Any order declaring a place or premises to be a public nuisance shall be recorded in the Broward County Records Division and shall become a lien against the real property that is the subject of the order.

(e)

Any lien recorded against the real property pursuant to this section may be foreclosed by the city and the owner of such real property shall be liable for all costs, including reasonable attorney fees associated with the recording of orders and foreclosure.

(f)

No lien created pursuant to the provisions of this article may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida Constitution.

(g)

The total fines imposed pursuant to this article shall not exceed $15,000.00 during the effective term of any order.

(h)

An order entered under this article may be enforced pursuant to the procedures contained in F.S. § 120.69.

(i)

The board or city may bring a complaint under F.S. § 60.05, seeking temporary and permanent injunctive relief against any nuisance described in section 15-3. This article does not limit, restrict nor abridge the rights of any person to proceed under F.S. § 60.05, against any public nuisance.

(Ord. No. 2014-17, § 2, 5-21-2014)

(a)

The city attorney is authorized to initiate contempt proceedings in the circuit court for the 17th Judicial Circuit for failure to comply with any order of the board.

(b)

The city attorney is authorized to initiate proceedings in any county, state or federal forum for the suspension or revocation of any permits, licenses, concessions or contracts held or awarded to the violator including contracts awarded under F.S. § 24.112 as may be amended (lottery retailers) and including licenses for the sale of beverages issued under F.S. § 561.19, as may be amended, where the existence of such permits licenses, concessions or contracts is conducive to the maintenance of such nuisance.

(c)

Orders of the board shall be posted at the place, building, or premises where the public nuisance exists, existed or is occurring and shall be sent by certified mail to the owner of record and/or operator of such place, building, or premises within two business days of the posting.

(d)

The police department shall be authorized to act upon and enforce such orders in accordance with this article no earlier than five business days after the posting of the board order.

(Ord. No. 2014-17, § 2, 5-21-2014)

(a)

An aggrieved party may appeal a final administrative order of the nuisance abatement board to the Circuit Court of the Seventeenth Judicial Circuit by filing a petition for certiorari in accordance with Rule 9.190, of the Florida Rules of Appellate Procedure. Such an appeal shall not be de novo, but shall be limited to appellate review of the record created before the nuisance abatement board. Appeals shall be filed within 30 days of the date of the written order from the nuisance abatement board. The nature of the appeal shall be from a final administrative order. No appeal may be sought beyond the 30-day filing time as set out herein.

(Ord. No. 2014-17, § 2, 5-21-2014)