Sec. 672.06. - Procedures.

(a) Written complaint; reports. Any law enforcement officer making an arrest or substantiating an incident or occurrence of any statutory violation(s) or violations of Section(s) set forth herein and pursuant to information or independent observation, may submit a copy of every such report and/or offense incident report to the Sheriff or designee, who shall process all such reports and, in consultation with the Office of General Counsel, determine when the requisite number of occurrences or violations have taken place as set forth in Section 672.04 . Additionally, any employee or officer of the City of Jacksonville or its independent agencies, or any person who lives, works, owns a business, or who owns real property within one mile of a purported public nuisance may file a written complaint under oath with the Jacksonville Sheriff's Office to allege that a particular property is a public nuisance. The Sheriff shall investigate all complaints made pursuant to this subsection to determine whether such property constitutes a public nuisance and whether to refer such property to the Board. All final determinations regarding citizen complaints shall be communicated to the complainant by the Sheriff. (b) Processing; review of case. (1) In each case where such determination has been made in accordance with subsection (a) of this Section, the case shall be processed through the Sheriff's Office. (2) When the Sheriff, in consultation with the Office of General Counsel, believes that a public nuisance as defined in Section 672.04 exists, he or she may request the Board Clerk to prepare a case folder for a complaint and request a hearing before the Board. (c) Hearings; hearing notices. (1) The Board Clerk shall schedule the hearings and issue hearing notices at least seven calendar days prior to the scheduled hearing date: a. By sending written notice of the hearing to the owner and/or operator by certified mail, return receipt requested to the address for the property designated by the owner for receipt of tax bills as listed on the Tax Collector's website; or b. By hand delivering the written notice to the owner and/or operator of the premises at their last known address. If an attempt to serve notice upon the owners and/or operators by certified mail or hand delivery is unsuccessful, service of the notice of the hearing may be made by conspicuously posting the notice at the subject property, such posting to take place not less than ten days before the scheduled hearing date. The owner and/or operator shall be responsible for providing notice to any tenant, lessee or lessor of the hearing. (2) The notice of hearing shall include a complaint stating the following: a. The time, place and nature of the hearing. b. The legal authority and jurisdiction under which the hearing is to be held. c. Reference to the relevant section(s) of the statute(s) and ordinance(s) involved in the determination of a public nuisance. d. A short and plain statement of facts giving rise to the complaint. (d) If the owner of property that is subject to a complaint and hearing before the Board transfers ownership of such property between the time the initial notice of hearing was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (2) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the Board proceeding received by the transferor. (3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with findings, conclusions and orders issued in the Board proceeding. (4) File a notice with the Board of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosures described in subparagraphs (d)(1), (2), and (3) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be entitled to request and have granted a reasonable continuation of the hearing in order to meaningfully participate in the hearing. If the new owner fails to request a continuation, the hearing may be conducted according to the Board's notice. (Ord. 2021-83-E , § 2; Ord. No. 2021-756-E , § 1; Ord. 2025-435-E , § 1)