Sec. 672.08. - Remedies, orders and jurisdiction.

(a) At the conclusion of the hearing and after considering all evidence presented at such hearing, the Board shall issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist. (1) If the Board finds that the allegations of the complaint have not been proved, the Board shall dismiss the complaint. (2) If the Board finds that a sufficient number of the allegations of the complaint have been proved, the Board may declare the property to be an unlawful public nuisance. (b) If the Board declares that the property is an unlawful public nuisance, the Board shall then consider the appropriate remedy, at the same meeting or at a later regular meeting or special meeting called for such purpose. The Board may, following its consideration of the appropriate remedy and endeavoring to use the least restrictive method believed necessary to abate the nuisance, enter an order: (1) Immediately prohibiting the maintaining of the nuisance; (2) Immediately prohibiting the operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (i) Before the Board can order the closure of a place or premises, the Board must make a factual finding: a. That the owner did not abate the nuisance after being ordered by the Board to do so; b. That the owner did not substantially comply with an appropriate order issued by the Board; c. That the owner continued to maintain an ongoing nuisance; and/or d. That closure is the only option available to effectively eradicate the nuisance. Such a finding shall be supported by a written order setting forth the factual bases for the determination. (3) Immediately prohibiting the conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance; (4) Requiring the owner of such place or premises to adopt such procedure(s) as may be appropriate under the circumstances to abate any such nuisance. Such procedures include, but are not limited to requiring the respondent to: a. Commence rehabilitation within 30 days after the date of the order declaring the property to be a public nuisance; b. Screen potential tenants or subtenants through a written rental application form, verify information on the application, conduct a criminal record check on each prospective tenant or subtenant, or verify the identity of applicants through state driver licenses, state identification cards, or other comparable forms of identification; c. If not included in the lease or other written agreement used by the owner, establish rules of conduct relating to criminal activity at the place or premises, violation of which will be grounds for eviction; d. Attend meetings of an appropriate neighborhood group or association; e. Maintain contact and cooperate with any law enforcement personnel in carrying out the provisions of the Board's order(s); f. Cooperate with reasonable and appropriate inspections by federal, state, and local agencies including, but not limited to, the Municipal Code Compliance Division, Fire Prevention Division, and Florida Department of Health; g. Provide safety and security infrastructure including, but not limited to, security cameras, outdoor lighting, and security guards; h. Participate in a site survey such as a CPTED (crime prevention through environmental design) survey and implement recommendations reasonably related to eliminating factors conducive to criminal conduct; and/or i. In the case of transient public lodging establishments such as hotels or motels, requiring the nuisance property to limit the length of guests' stays. (5) The remedy or remedies prescribed by the Board's order may include any combination of subsection (b)(1), (2), (3), or (4) of this Section. (c) Upon declaring that the property is an unlawful public nuisance, the Board may also: (1) Impose a fine not to exceed $250 per day for each day conduct occurred upon which the Board based its finding of a public nuisance and a fine not to exceed $500 per day for each subsequent finding of recurring public nuisance conduct occurring on the premises during the time the Board retains jurisdiction over the premises. If two or more respondents are fined, the total amount of the fines shall not exceed the maximum amount per day authorized by this subsection. The respondent must satisfy the fine by making payment to the City. Unpaid fines shall accrue interest as provided in F.S. § 55.03. The Board may suspend such fines, in whole or in part, contingent upon compliance with other terms or conditions of the order, and may terminate the suspension and impose such fines upon a showing that the respondent has not complied with such term or condition of the order. If the Board terminates the suspension, interest that has accumulated during the time of suspension shall also be due and owing; (2) Award reasonable costs associated with the investigation and hearing on the public nuisance, including attorney's fees, investigative costs, and costs of recording of its order. The respondent must pay the award of costs and fees to the City. Unpaid costs and fees shall accrue interest as provided in F.S. § 55.03. The Board may suspend such costs and fees, in whole or in part, contingent upon compliance with the other terms or conditions of the order, and may later terminate the suspension and impose such costs and fees upon a showing that the respondent has not complied with such term or condition of the order. If the Board terminates the suspension, interest that has accumulated during the time of suspension shall also be due and owing. (d) If the Board finds two or more respondents responsible for a public nuisance, those respondents will be jointly and severally responsible for complying with the actions ordered under this Section and for satisfying the fines imposed and costs and fees awarded. (e) The findings and orders of the Board shall be reduced to writing, executed by the presiding Chair of the Board, and filed with the Board Clerk within five working days. A copy of the executed order shall be mailed, e-mailed, or hand delivered to each party promptly after execution. This time period is procedural in nature, and the failure to comply with this time period shall not invalidate any Board order. (f) The Board may retain jurisdiction for one year after the order's effective date to modify the order where just cause is found to exist. (g) The Board may request the City to bring a complaint under F.S. § 60.05, seeking an injunction against any nuisance described herein. (h) The Board, after ordering any of the remedies authorized by this Section, may amend the remedy if additional safeguards are necessary, may suspend the remedy for good cause shown, and may rescind the suspension at any time while the Board has jurisdiction, whether such remedy was initially imposed or not. The Board shall give the owner notice and an opportunity to be heard before rescinding a suspended remedy or imposing a new remedy. Rescinding a suspended remedy or imposing a new remedy shall not operate to extend the one-year jurisdiction of the Board; however, nothing shall prevent the City from filing a new complaint if there has been a substantial change in circumstances or if new nuisance activities have occurred. (Ord. 2021-83-E , § 2; Ord. 2025-435-E , § 1)