Definitions

For the purpose of this chapter a "public nuisance" is defined as 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. § 796.07 as amended, entitled "Prohibiting prostitution, etc.";

(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;

(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)

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03 as amended; or

(5)

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

(6)

On more than two occasions within a six-month period, as the site of a violation of any combination of the following:

a.

F.S. § 782.04, relating to murder;

b.

F.S. § 782.051, relating to attempted felony murder;

c.

F.S. § 784.045(1)(a)2., relating to aggravated battery with a deadly weapon; or

d.

F.S. § 784.021(1)(a), relating to aggravated assault with a deadly weapon without intent to kill.

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

For the purpose of this chapter "operator" means an owner or person having possession or charge of as agent or otherwise having interest in or control of the building, place or premises.

For the purpose of this chapter, "complaint" shall mean the official process by which cases are initiated and brought before the nuisance abatement board.

Notwithstanding any other law, a rental property that is declared a nuisance under this section may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the property owner and the property owner commences rehabilitation of the property within 30 days after the property is declared a nuisance and completes the rehabilitation within a reasonable time thereafter.

(Ord. No. 12470, § 2, 1-8-04; Ord. No. 13988, § 2, 4-8-21)

Editor's note— Ord. No. 12470, § 2, adopted January 8, 2004, repealed and reenacted § 46-1 to read as herein set out. Formerly, § 46-4 pertained to similar subject matter and derived from Ord. No. 10883, § 1, adopted May 9, 1991; Ord. No. 10990, § 2, adopted June 11, 1992; the Code of 1980, § 45.5-1; and Ord. No. 11573, § 2, adopted November 26, 1997.