3290 ORDINANCE NO. 3290
AN ORDINANCE OF THE CITY OF SANFORD, FLORID&
CREATING CHAPTER 2, ARTICLE XIII OF THE CITY OF
SANFORD CODE OF ORDINANCES, ENTITLED "NUISANCE
ABATEMENT BOARD," PROVIDING FOR THE CREATION OF
AN ADMINISTRATIVE BOARD TO HEAR COMPLAINTS OF
PUBLIC NUISANCES RELATING TO DRUGS, PROSTITUTION
AND YOUTH AND STREET GANG ACTM TY; PROVIDING
MEMBERSHIP; PROVIDING POWERS; PROVIDING FOR LEGAL
COUNSEL AND SECRETARY; PROVIDING ENFORCEMENT
PROCEDURES AND HEARINGS; PROVIDING VIOLATIONS;
PROVIDING NOTICE; PROVIDING PUBLIC HEARING;
PROVIDING EVIDENCE; PROVIDING FOR DISPOSITION OF
COMPLAINTS AND REMEDIES; PROVIDING FOR
CODIFICATION, SEVERABILITY, CONFLICTS AND
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has in Chapter 893 of the Florida Statutes authorized a
municipality to take local administrative action to abate dmg-ralated or prostitution-related public
nuisances and youth and street gang activity; and
WHEREAS, the City Commission of the City of Sanford, Florida, finds it in the best interest
of the City to create a nuisance abatement board to hear complaints regarding drag-related or
prostitution-related public nuisances and youth and street gang activity.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD,
FLORIDA:
SECTION 1: That Chapter 2, Article XIII of the City of Sanford Code of Ordinances is
hereby created to read as follows:
Sec. 2-201. Public nuisance abatement board.
(a) Creaaon. There is hereby created a public nuisance abatement board, hereinafter called
the board, pursuant to F.S. §893.138.
(b) Membership.
(1) The City Commission shall appoint a five (5) member board to serve without
pay.
(2) The terms of the initial members of the board shall be staggered, with three (3)
members appointed for a term of two (2) years and two (2) members appointed
for a term of one (1) year; thereafter, all terms will be for two (2) years.
(3) The board shall elect a chairman and a vice-chairman and may conduct
business with a quorum of three (3) members.
(c) Powers. The board shall have the power to:
(1) Adopt roles for the conduct of its hearings and establish procedures;
(2) Take testimony and receive documentary evidence;
(3) Issue orders having the force of law consistent with authority contained herein.
(d) Legal counsel; secretary.
(1) The City Attorney shall serve as legal counsel for the board and may assist the
board in establishing facts and eliciting evidence.
(2) The City Manager shall designate a member of the City staff as the secretary
of the board.
(e) Enforcement procedures and hearings.
(1) The board shall hear complaints and may declare any place or premises that
has been used on more than two (2) occasions, within a six-month period, as
the site of the unlawful sale or delivery of controlled substances or as the site
of a violation of F.S. §796.07, or any place or building used by a youth and
street gang for the purpose of conducting a pattern of youth and street gang
activity to be a public nuisance, which may be abated in accordance with the
procedures set forth herein.
(2) Any employee, officer or resident of the City may bring a complaint before the
board; such complaint shall be in writing and filed with the secretary of the
board. Upon receipt of the complaint, the secretary shall notify the chairman
who may call a hearing of the board within twenty-one (21) days following
receipt of the complaint. The board must fumish a notice of the complaint to
the owner of the place or premises, at his last known address, in writing, by
U.S. mail, certified return receipt requested, or by personal service not less
than three (3) days prior to a scheduled heating before the board. The notice
shall contain the owner's name, the address and legal description of the
property, the date, time and place of the hearing and shall have the complaint
attached.
(3) The board shall conduct a public hearing on the complaint, receiving any
evidence, including evidence of the general reputation of the place or premises.
The owner of the place or premises shall have an opportunity to present
evidence in his defense.
(4) All testimony shall be under oath and recorded. Formal rules of evidence shall
not apply, but due process shall be observed and govem the proceedings.
(5) After receiving evidence, the board may adopt an order establishing findings
of fact and conclusion of law and may declare the place or premises to be a
public nuisance.
(6) If the board declares a place or premises to be a public nuisance, it may enter
an order 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
it may immediately order any one or all of the following:
a. The discontinuance of the nuisance;
b. The discontinuance of the operation or maintenance of the place or
premises, including the closure of the place or premises or any part
thereof;
c. The prohibition of conduct, operation, or maintenance of any business
or activity on the premises which is conducive to such nuisance;
d. The payment to the City by the operator(s)/owner(s) of a fine of two
hundred fifty dollars ($250.00) for an intitial finding by the board of
the existence of a public nuisance and five hundred dollars ($500.00)
for each subsequent finding in, at or on the same premises pusuant to
F.S. §§ 823.01 and 775.083(e); or
e. The board may order any combination of subsection (e)(6)a-e
hereinabove.
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Ordinance No. 3290
(7) Any such board order shall expire after one (1) year or at such earlier time as
is stated in the order.
(8) An order entered under subsection (6) of this section may be enforced pursuant
to the procedures contained in F.S. §120.69.
(9) The board may bring a complaint, under F.S. §60.05 seeking tempora~ and
permanent injunctive relief against any nuisance described in subsection (1) of
this section. The City Attorney may prosecute such action on behalf of the
board.
It is the legislative intent of Article XII to provide an additional and supplemental means of obt/~ning
compliance with City codes and ordinances. Nothing cont/med in Article XII shall prohibit the City
from enforcing its codes or ordinances by any other means.
SECTION 2: Codification. That Section 1 of this Ordinance shall be codified and made a
part of the City Code of Ordinances.
SECTION3: Severabili~. If any section or portion of a section of this ordinance proves to
be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any
other section or part of a section of this ordinance.
SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and
the same are hereby revoked.
SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED AND ADOPTED this//_~/t day OfC~'~/'( C~ , A.D. 1996.
' MA R
ATTEST:
~Co~mm~ the City
of Sanford, Florida
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Ordinance No. 3290
CERTIFICATE
I, Janet IL Doughere/, City Clerk of the City of Sanford, Florida, do hereby certify that
1996, was posted at the front door of the City Hall in the 3'i~W~of Sanford, Florida, on the
~ day of~'//'~.~ ~-~i , 1996. .
oA~SaJ'nford, Florida
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Ordinance No. 3290