HomeMy WebLinkAboutO-2001-012 ORDINANCE NO. 2001-012
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 17 OF THE CITY CODE OF
ORDINANCES, WHICH CHAPTER IS ENTITLED "OFFENSES -
MISCELLANEOUS", BY AMENDING CODE SECTION 17-126,
ENTITLED "DUTIES," OF ARTICLE VII ENTITLED "NUISANCE
ABATEMENT BOARD", TO INCREASE THE MAXIMUM
CUMULATIVE FINES WHICH MAY BE IMPOSED BY THE
NUISANCE ABATEMENT BOARD FOR PUBLIC NUISANCES;
PROVIDING FOR ADMINISTRATIVE ACTION BASED ON A
NUISANCE RELATED TO STOLEN PROPERTY; PROVIDING
FOR AMENDMENTS TO THE NUISANCE ABATEMENT
ORDINANCE TO BRING IT INTO CONFORMITY WITH RECENT
AMENDMENTS TO THE APPLICABLE STATE LAW; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as a result of several amendments made by the Florida
Legislature in its 2000 session to Section 893.138, Florida Statutes, governing
the creation and operation of Nuisance Abatement Boards by cities and counties,
it is desirable to amend the city's corresponding Nuisance Abatement ordinance
to comply with such amendments;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA:
Section 1. That Sec. 17-126, entitled "Duties", of the City Code of Ordinances
is amended to read as follows:
Sec. 17-126 Duties
(a) Pursuant to Section 893.138 of the Florida Statutes, as amended from
time to time and incorporated by this reference, the nuisance abatement board
shall hear complaints regarding nuisances described in Section 893.138 of the
Florida Statutes. Any employee, officer or resident of the city may bring a
complaint before the board after giving not less than three (3) days written notice
of the complaint to the owner of the place or premises where the nuisance is
allegedly occurring, such notice to be delivered or sent to the owner's last known
address. The complaint shall be filed with the Broward Sheriff's Office District II
and the Broward Sheriffs Office shall agenda the case for a hearing before the
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ORDINANCE NO.2001-012
board. The city shall provide ten (10) days' advance written notice of the board
hearing to the property owner. If notice is provided by mail, an additional five (5)
days shall be afforded for notice to be received.
(b) After a hearing before the board in which the board may consider any
evidence, including pertinent evidence of the general reputation of the subject
place or premises, at which hearing the owner shall have an opportunity to
present evidence in defense, the board may declare the place or premises to be
a public nuisance in accordance with the provisions of Section 893.138 of the
Florida Statutes.
(c) If the board declares a place or premises to be a public nuisance
pursuant to section (b) above, it may enter an order requiring the owner to adopt
such procedures as may be appropriate under the circumstances to abate any
such nuisance or it may enter an order:
(1) Prohibiting the maintaining of the nuisance;
(2) Prohibiting the operation or maintenance of the place or premises,
including the closure of the place or premises or part of it.
However, any such order of the board issued under this
subparagraph (c)(2) shall not become final until approved by
motion of the city commission;
® (3) Prohibiting the conduct, operation or maintenance of any
business or activity on the premises or part of the premises which
is conducive to such nuisance;
(4) Requiring the owner to pay a fine in an amount up to $250.00 per
day for public nuisance or up to $500.00 per day for a recurring
public nuisance. The total amount of fines imposed pursuant to
this subparagraph shall not exceed seven thousand five h,inrizrl
fifteen thousand dollars ($15,000.00).
(d) Any order entered under subsection (c) above may establish
continuing jurisdiction for a period of one (1) year over any place or premises that
has been or is declared to be a nuisance or provide for the payment of
reasonable costs by the owner of the city's attorney fees associated with
investigations of and hearings on public nuisances or both; provided, however,
that each order shall expire after one (1) year or at such earlier time as stated in
the order.
(e) An order entered under subsection (c) above may be enforced
pursuant to procedures contained in Section 120.69 of the Florida Statutes as
amended from time to time, which is incorporated by this reference. This
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ORDINANCE NO.2001-012
® subsection does not subject the city or the board to any other provision of
Chapter 120 of the Florida Statutes.
(f) The board may, upon approval of the city commission, bring a
complaint under Section 60.05 of the Florida Statutes seeking temporary or
permanent injunctive relief against a nuisance described in Section 893.138 of
the Florida Statutes.
(g) All orders of the board may be recorded in the Public Records of
Broward County, Florida, and each shall constitute a lien on the real property
which is the subject of the order. Such liens may be foreclosed in the manner
prescribed by law for foreclosure of liens and shall include costs and reasonable
attorney fees associated with the recording of orders and foreclosure. However,
no lien created pursuant to this section may be foreclosed on real property which
is a homestead under Section 4, Article X, of the Florida State Constitution.
Where an action is based on a stolen property nuisance against a
property owner operating an establishment where multiple tenants, on one site,
conduct their own retail business the property owner shall not be subject to a
lien against his or her property or the prohibition of its operation, if the property
owner evicts the business declared to be a nuisance within ninety (90) days after
notification by registered mail to the property owner of a second stolen property
conviction of the tenant.
® (h) The board shall meet not less than once per month, if there is one or
more cases pending, on dates agreed upon by the board, except the board may
decide not to meet during one month a year.
Section 2. That except as amended above, all other provisions of Chapter 17
of the Code of Ordinances of the City of Dania Beach, Florida, shall remain in full
force and effect.
Section 3. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict with this ordinance are repealed to the extent of
such conflict.
Section 4. That if any section, clause, sentence or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent
jurisdiction, the holding shall not affect the validity of the remaining portions of
this ordinance.
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ORDINANCE NO.2001-012
® Section 5. That this ordinance shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on first reading on April 10, 2001.
PASSED AND ADOPTED on second reading on April 24, 2001.
APPROVED-
MAYOR-COT MISSION R -
ATTEST: ROLL CALL:
COMMISSIONER BERTINO-YES
COMMISSIONER MCELYEA -YES
COMMISSIONER MIKES- OUT OF ROOM
SHERYL HAPMAN VICE-MAYOR CHUNN- YES
ACTING CITY CLERK MAYOR FLURY- YES
APPROVED AS TO FORM AND CORRECTNESS:
•
THOMAS,d. ANSBR'O
CITY ATTORNEY
• GA DINANCES 2000-2001\ORDINANCE NUISANCE ABATEMENT,4MENDMG 17-126.DOC
02/03/98
ORDINANCE NO.2001-012
I
O
CITY OF DANIA BEACH
MEMORANDUM
TO: Mayor and Commissioners
Jason Nunemaker, Acting City Manager
Nuisance Board Chairperson and Members
Robert Anton, Chief of Police
Detective Ivan Pato
cc: Charlene Johnson, City Clerk
Jamie Perko, B.S.O. Administrative Specialist
FROM: Tom Ansbro, City Attorney
DATE: April 3, 2001
I
RE: Proposed Ordinance Amending "Nuisance Abatement Board" Code Provisions
It is our understanding from Charlene Johnson that this memorandum was previously
distributed; however, it was not placed on the Commission agenda. We have, therefore,
updated this memorandum and the subject ordinance.
Attached is a proposed Ordinance amending Code Section 17-126, entitled "Duties" of
Article VII, entitled "Nuisance Abatement Board", which would amend the Nuisance
Abatement ordinance to comply with several amendments made by the Florida Legislature in its
year 2000 session to Section 893.138, Florida Statutes, governing the creation and operation of
Nuisance Abatement Boards by cities and counties. The proposed ordinance would increase the
maximum cumulative fines which may be imposed by the Nuisance Abatement Board for public
nuisances from $7,500.00 to $15,000.00.
The proposed ordinance would also authorize the Nuisance Abatement Board to hear
complaints based on a nuisance related to stolen property. The proposed ordinance provides that
the property owner of a multiple tenant property shall not be subject to a lien against his or her
property or a prohibition of operation of the business, as long as the property owner evicts the
tenant declared to be a stolen property nuisance within ninety (90) days after the property
owner has been notified of the tenant's second stolen property conviction.
Commission review and adoption of the amending ordinance are requested.
TJA:sIw
Attachment
i
i
IN
SUN— SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORI r� 't
BOCA BATON, PALM BEACH COUNTY, FLORID ��aI
OTICE OF HEARING s sc
BEFORE CITY COMMISSION CITY OF DANIAtBEACH
MIAMI, MIAMI DADE COUNTY FLORIDA FLORIDA REGARDINGs:. rfo s7 ` y � �
ADOPTION OF.THE FOLILOWING'PROPOSE nORDi=
NANCES _
NOTICE IS H'EREBY GIVEN that t e Ctty Comml s on of
STATE OF FLORIDA 30 Ity of Dama Beach�TFloridaAon Aprii;24M2001^at
.m oc,as soon theiec,'er:rR3 rnktWryio
COUNTY OF BR9WARD/P M BEACH/MIAMI DADE mession room the DanbaiBeachpCitnHallClppCom�
Dama`Beach Boulevard Dania Beachy Fiorf wont
BEFORE TH ND- I D AUTHORITY, PERSONALLY APPEARED iderthe proposed adop;Ion of the followm ord0 con 1 es entitled x 9
WHO, ON OATH,SAYS THAT AN ORDINANCE OF'THE CITYOF DANiqq
FLORIDA PERTAINING TO CHAPTER 17 1,,; E H
HE/SH A ULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED OF THE•CITY-CODE-OF.,-ORDINANCES-WHICH CHi'I'
DEP TMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED TER.JS'-ENTITLED OFFENSES :°MISCELLANEOUS';
BY AMENDING':iCODE.SECTIONl:'17 i26 jENTITUB
!DUIN� OWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA,THAT THE ABAT�EMENOT BOAARD LEt`,VNCREgqITLED tiNUISANGE
CUMULATIVE FINES HICHbMAY•SBE�fN OSED BY,
ATTACHED COPY OF ADVERTISEMENT, BEING A: TiiE Nu1SANCE ABAT.EMENT4BOAROZIRORIP.UBL1
NUISANCES•'PROVIDING?FOR gDMINISTRATIVE qC-
TION;BASEQ ON1A'NU SgqNCE{p�ELATED TTO STOL°EN
Notice PROQERTYyy,I#ROVIDINIGIFOR�A7vIENDMEN.TS.TO AHE
NUISANCE;IABATEMENVORDINANCEtTOfBRING'qIT
INTO ONFFRPAITY�WITI3`RECENT*MENDI"ENTS`70
THE APPL CABLE STATE W sRROViDING§;FOFi.
IN THE MATTER OF: CONFLICTSAROVIDING'-FOR�EVERANCE^"FUR-
T{HER PROVIDING FOR+ANEEFPECTIVE;DAT;E
cha er 17 A 0 we p
P LSRIO" ERTAININGaOTCAMPi41GN��a. B C
FINAUCING IL•IMIT NG<TOb$250!00'iCAMPAIGN ON TRIBUTIONg�AND XP-ENDITI/RES"rGIVEN BY�INND
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE DgTE&FOR.DTHE OFFICEST°OFM{»Cki�lfrrGSMMlsslo�°ISSUES OF: ERS;WPROVIDING. ORtrSEV RABILi , �.ROV1DlNG
FOR CONFLICTS,`FU E 4
FECTIVE DATE R.P OV O NpIa OEiAN .
III
AY ,
C, 4/13, 1X AI}t,ORD�NCE�"OFv7 Et s. AN1�o- EACH,
FLORIDA PERTAINING'TTO CHA +ram
OFrTHHE,jdITY CODE OF ORDINANCES
TEW I$-ENTITLED •BUIL!DINGS ,4IAHTficL�TE''II�xEN
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPA TLED T-BOPERTYSTANDARDSr�B. 'cREATbN'G sEC.
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO URB� 4UTHORIANG THEQE�T�,Y 0r`�EC& gCNO'
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUO iR cFr$iiRENlIENDPTi� ED'b°Ni,0 E,ON A UNSAFE
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLO IL SHINGhPRIORITYT`FOA DEMOL T�IotC IE s t po-
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT T VIDING,IFORiCONgLICTS';tppRO .IDING FPRxSEVER!
ANCE"FURT ER�pPROutbING_FOR AN:EF. C,T.IVE,
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLO DA E � =;3 F,� ,,N
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATIO AN oRD N NCE`coF4THe'cITY�i F D0t BEACH;
FLORIDA PERTAINING?O,fTHESUBSECT•�•s
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS T oFt,TEM ORARY;rYSIGNS;"AMENDINJECHAP.TER 28's
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR THE CIOTY+OF DAN A"t IH CHOFLOR ATO ESTABLISH
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION OR REFUND F WGrA� EMUORARY POLITE PA.OR RNS FSF�IQHTU 8
PURPOSE OF SECURING THIS DVERTISEMENT FOR PUBLICATION IN vIo1�Na Foq .9E�fRRERYANCEt�. uR � ROVIPRi G,NEWSPAPE ry s FORTANIEFF,ECT,VE�DAT �
df . t3op these topo Ordidances mop ale n,ttie
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µ ; IaTBeach;Boul dmynla Beach` Florida
(SIG TU F AFFIANT) n ►aYo Ina metedthe ubli ydu rt 'no
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ekes ed pAn may ap�.ar'�I t eresal +Mee ,;
e be ear�1�With?res SWORN TO AND SUBSCRIBED BEFORE ME io de Id pp pe.c�o$t�e'p oposed.A yppe on
PP_eaiany�decisionYmadekiiy�ifieiJlt
ON: A.D. CommisslorlFwitth resppecteto an y
thWhearin 1 will heed a rdcord of i attte��ge ngs a d
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;Y,,, ) p`.fl�so03''►leeam assisfanr.,,3O,po cippate of.the :�'
.,F,,;y•., pproceedings should#contactSfie ILChapma[� epury a ` TBezak CitypClerk;(700 West/Dahia;Beach oule4 d Dania :
•' MY COMMISSION g p eoa ^Fd 4 954924-3 2t IAas4 t1t tT ;
ray:cr C638935 EXPIRES
July 20,2001 slCharleneJohnson, AIIC} k`
60NOED 7HRU TROY FAIN INSURANCE,INC. Deput„City ClerfC.x
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Apr11.18'":4001
(NAME OF NOTARY,TYPED, PRINTED, O STAMPED)
PERSONALLY KNOWN OR _
PRODUCED IDENTIFICATION