§ 2-88.53. Public nuisance abatement board creation and composition.

The City of Lauderhill Code Enforcement Board shall perform ex officio the duties of the City of Lauderhill Public Nuisance Abatement Board. The composition and organization of the board and rules of procedure shall be the same at those provided for in Code section 7½-25, unless specifically provided for in this section.

(a)

Meetings of the board. Meetings of the board shall be held once a month, or less frequently if necessary, to hear and dispose of the pending public nuisance abatement complaints. If there are no pending public nuisance abatement complaints that need to be heard in a certain month, there is no need to hold a meeting regarding nuisance abatement complaints that month. Notice of the time and place of meetings shall be given to all complainants and owners of premises scheduled to be heard. Notice shall be given in writing at least ten (10) days prior to the hearing. Any aggrieved person may request a continuance of the hearing. The board may grant a continuance of any hearing for good cause. The chairperson may call an emergency meeting of the board, and meetings may also be called by written notice signed by three (3) members of the board. The meetings of the board shall be recorded and be transcribed at the expense of the party requesting the transcript. All meetings shall be in compliance with Florida's "Government in Sunshine Law" and F.S. ch. 286.011. No less than four (4) members shall constitute a quorum. No less than three (3) members voting affirmatively shall be required to declare any place or premises a public nuisance under this provision. The city manager shall provide adequate and competent clerical and administrative personnel, and such technical or scientific personnel as may be reasonably required by the board for the proper performance of its duties. The city manager shall provide a regular meeting place for the board. All records shall be public records as defined by F.S. ch. 119.011.

(b)

Board attorney. The board shall rely upon advice from independent legal counsel who shall be recommended by the city attorney for appointment by the city commission, for a term not to exceed two (2) years. Board counsel shall serve no more than four (4) consecutive terms. The board attorney can be removed by the city commission upon the recommendation of the city attorney.

(c)

Conduct of hearings.

(1)

The city attorney or his/her designee shall present cases before the board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the board proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut it. The board may consider any evidence, including evidence of the general reputation of the place or premises. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible in a civil action. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be based on competent and substantial evidence and must be based on a preponderance of the evidence.

(2)

The board shall have the powers delineated in F.S. § 893.138 and shall also have the following powers:

(i)

The power to subpoena respondents, witnesses, and evidence, records and other materials relevant to the proceedings, to its hearings and to take testimony under oath. Subpoenas may be served by the city police department or by such other person provided by law.

(3)

After considering all evidence, pursuant to F.S. § 893.138, the board may declare the place or premises to be a public nuisance as defined in this chapter and may enter an order prohibiting:

(i)

The maintaining of the nuisance;

(ii)

The operating or maintaining of the place or premises; or

(iii)

The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.

(4)

An order entered under subsection (2) shall expire after one (1) year or at such earlier time as stated in the order. The board may retain jurisdiction to modify its orders prior to the expiration of said orders.

(5)

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

(6)

The board may also impose fines not to exceed two hundred fifty dollars ($250.00) per day for general violations, and may impose fines not to exceed five hundred dollars ($500.00) per day for recurring public nuisances. The total fines imposed pursuant to the authority of this section shall not exceed fifteen thousand dollars ($15,000.00).

(7)

The board may also pursue any other remedies as provided in the City Code, or as otherwise provided by law.

(Ord. No. 05O-11-208, § 1, 12-12-05; Ord. No. 08O-08-143, § 4, 9-8-08; Ord. No. 11O-08-154, § 1, 9-14-11; Ord. No. 15O-04-113, § 4, 5-11-15)