Post hearing

(a)

At the conclusion of the hearing and after considering all evidence presented at such hearing, the board is authorized to 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.

(b)

Upon finding that an unlawful public nuisance does exist the board shall immediately order any one or all of the following:

(1)

The discontinuance of the nuisance;

(2)

The closing of the place or premises;

(3)

The prohibition of conduct, operation, or maintenance of any business or activity on the premises, and/or business or activity which is conducive to the maintenance of such nuisance, which prohibition may include the suspension or revocation of any city local business tax receipt issued or renewed pursuant to the provisions of chapter 31;

(4)

The payment to the city by the operator(s) of a fine of $250.00 for an initial finding by the board of the existence of a public nuisance and $500.00 for each subsequent finding in, at or on the same premises pursuant to F.S. §§ 823.01 and 775.083(e); or

(5)

The board may order any combination of subsection (b)(1), (2), (3) or (4) hereinabove.

(c)

For purposes of subsection (b) above, the nuisance abatement board shall function as the designee of the city manager for consideration of nuisance-related suspension or revocation of any local business tax receipt and the board hearings shall be in lieu of section 31-48 hearing.

(d)

The findings and orders shall be by motion approved by a majority of those present and voting. Any motion failing to obtain the required vote shall preclude the issuance of such findings and order.

(e)

An order entered pursuant to this chapter shall expire after one year or at such earlier time as stated in the order. The board may retain jurisdiction to modify the orders prior to the expiration of the orders, where just cause is found to exist.

(f)

The board may bring a complaint under F.S. § 60.05 seeking a permanent injunction against any nuisance described herein.

(Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-5; Ord. No. 12885, § 1, 2-8-07)