Procedures

(a)

Written complaint; reports.

(1)

Any employee, officer of the city or any resident of the city, may file a written complaint under oath with the department of police after giving not less than three days' notice of such complaint to the owner of the place or premises regarding a public nuisance as defined herein. Notice of the complaint shall be sent to the owner at his/her last known address. "Notice," as used in this subsection, shall be given to the operator at the operator's last known address by mailing through the use of certified mail of written material informing the operator of the complaint to be filed. The operator shall notice any tenant, lessee, and lessor of the complaint.

(2)

The complaint shall state facts that reasonably tend to establish the existence of a public nuisance located within the city. Such complaint of a public nuisance shall only be for those as enumerated in section 46-1 and city Charter section 3(p).

(3)

Any police officer making an arrest or substantiating an incident or occurrence of any statutory violation(s) or violations of section(s) set forth herein or any public service aide substantiating an incident or occurrence of a breach of any section(s) set forth herein and pursuant to information or independent observation shall submit a copy of every such report and/or offense incident report to the office of the chief of police or designee thereof who shall process all such reports and determine when the requisite number of occurrences or violations have taken place as set forth in section 46-1.

(b)

Processing; review of case.

(1)

In each case where such determination has been made in accordance with subsection (a) above, the case shall be processed through the office of the chief of police and forwarded to the city attorney for his/her determination that such case is sufficient for presentation to the board for its consideration and disposition as provided herein.

(2)

The city attorney, or designee thereof, upon receipt of verification by the office of the chief of police that all administrative prerequisites have been satisfied shall direct the clerk of the board to prepare a case folder for a complaint related to the maintenance of the public nuisance as defined in section 46-1. The city attorney or designee thereof prior to presenting a case to the board shall review the case for legal sufficiency and, if applicable, shall promptly notify the clerk of the board of any legal insufficiencies in the case.

(c)

Hearings; hearing notices.

(1)

The clerk of the nuisance abatement board shall schedule all hearings and issue hearing notices servicing the same (a) by sending written notice of the hearing by certified mail, return receipt requested, or (b) by hand delivering the written notice to the operator of the premises at the operator's last known address at least 15 calendar days prior to the scheduled hearing. If an attempt to serve notice upon the owner(s) and operator(s) by hand delivery or certified mail is unsuccessful, service of the notice of the hearing may be made by posting the premises as provided in F.S. ch. 48, such posting to take place not less than ten days before the scheduled hearing date. The operator shall be responsible for the notice, to any tenant, lessee or lessor, of a hearing.

(2)

The notice of hearing shall include a:

a.

Statement of the time, place, and nature of the hearing;

b.

Statement of the legal authority and jurisdiction under which the hearing is to be held;

c.

Reference to the particular sections of the statutes and/or ordinances involved; and

d.

A short and plain statement of facts summarizing the incidents complained of.

(Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-3; Ord. No. 11573, § 2, 11-26-97)