HomeMy WebLinkAboutO-1999-021 �1i ��
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ORDINANCE NO. 21-99
AN ORDINANCE PERTAINING TO THE CREATION OF A NUISANCE
ABATEMENT BOARD; CREATING ARTICLE VII IN CHAPTER 17 OF
THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH,
FLORIDA, TO ESTABLISH SUCH A BOARD; PROVIDING FOR
CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach desires to avail itself
of opportunities to reduce crime and simultaneously to promote, protect and improve the
health, safety and welfare of the citizens of Dania Beach; and
WHEREAS, the City Commission of the City of Dania Beach desires to create an
administrative board with authority to impose administrative fines and other non-criminal
penalties or requirements in order to provide an equitable, expeditious and effective
method to assist in the enforcement of laws pertaining to prostitution, the sale of
controlled substances and criminal street gang activity; and
WHEREAS, the state of Florida enacted Section 893.138 of the Florida Statutes,
to provide local governments the opportunity to establish Nuisance Abatement Boards
to address the issues of prostitution, the sale of controlled substances and criminal
street gang activity, and
WHEREAS, the City Commission of the City of Dania Beach recognizes the
significant efforts of the citizens of Dania Beach and the Broward Sheriffs Office in
working together to curb and control prostitution, the sale of controlled substances and
criminal street gang activity, and
WHEREAS, the City Commission of the City of Dania Beach finds that in order to
meet the goals stated above, the establishment of a Nuisance Abatement Board will
provide an additional tool in the continued efforts of the city to enforce laws intended to
control prostitution, the sale of controlled substances and criminal street gang activity
within the city's boundaries, and
WHEREAS, the City Commission of the City of Dania Beach finds that the
Nuisance Abatement Board process, as authorized by Section 893.138 of the Florida
Statutes, will provide the citizens of Dania Beach an effective and fair method of
addressing nuisances within the city;
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NOW, THEREFORE, BE IT ORDAINED BY THE
FLORIDA; CITY OF DANIA BEACH,
Section 1. That Article VII of Chapter 17, entitled "Nuisance Abatement Board," and
Section 17-125, entitled "Established; intent; composition; term," of the Code of
Ordinances of the City of Dania Beach, Florida, are created to read as follows:
Article VII. Nuisance Abatement Board
Sec. 17-125. Established; intent; composition; term.
There Is hereby established
d of the City of
Dania Beach. The oa d s all consistlof five (5)Abatementuisance members and
two (2) alternate
members and shall meet in session with the attendance and participation of the
office of the City Attorney. Each commissioner shall appoint one (1) board
member and the two (2)Alternates shall be appointed by the commission as a
body.
Board members shall be appointed by and serve at the pleasure of the
City Commission for a term of one (1) year. Board members must be residents
of the city. Members shall serve without compensation. The presence of three
or more members shall constitute a quorum.
Section 2. That Section 17-126, entitled "Duties," of the Code of Ordinances of the
City of Dania Beach, Florida is created 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 Sheriffs Office District II
and the Broward Sheriffs Office shall agenda the case for a hearing before the
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
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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 a 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
$7500.00.
(d) Any order entered under Section (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 section (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
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.
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(9) 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.
(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 3. That Section 17-127, entitled "Appeals," of the Code of Ordinances of the
City of Dania Beach, Florida is created to read as follows:
Sec. 17-127.Appeals.
An aggrieved party, including the City, may appeal a Final Administrative
Order of the Nuisance Abatement Board to the Circuit Court of the 17th Judicial
Circuit. Such appeal shall not be a hearing de novo, but shall be limited to
appellate review of the record created before the board. An appeal shall be filed
within thirty (30) days of the issuance of the written board order.
Section 4. That, except as amended above, all other provisions of Chapter 17 of the
Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in
full force and effect.
Section 5. 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.
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed.
Section 7. That this ordinance shall take effect immediately at the time of its passage
and adoption.
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PASSED AND ADOPTED on first reading on September 15, 1999.
PASSED AND ADOPTED on second reading on September 28, 1999.
- COMMISSIONE
ATTEST: ROLL CALL:
t /� MAYOR BERTINO - YES
SHERL Y � APMA N`'L ��% VICE-MAYOR MCELYEA- YES
ACTING HAPMAN K COMMISSIONER ETLING -YES
ACTING CITY CLERK COMMISSIONER CALI - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
JMABY: T J. A SBRO
CITY ATTORNEY
G'.\WPFILESICLIENTSIDANIAIOTHER MATTERS W eisance Abate Ord 9.9.99-MSW.lap.dM
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THE MIAMI HERALD
A Knight Ridder Newspaper
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Matthew Fine
who on oath that he is
ADVERTISING SALES MANAGER
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida;
that the advertisement for City of Dania
was published in said newspaper in the issues of.
The Broward Edition of The Herald on Sat. , Sept. 18, 1999 on pg, 13B
Afrant further says that the said Miami Herald is a newspaper published at Miami,
in the said Dade Count,, Florida,and that the said newspaper has heretofore been
continuously public 1�9O m said Dade County, Florida, each day and has beep
enter as second ss mail matter at the post office in Miami, in said Dade
Co n y, Florida, f a period of one year next preceding the first publication of the
at �Te(
opy oyf
dVertisement.
Ma hew ine/ l
Sworn to and subscribed before me
t is zf day of Sept. , 1999 A.D.
Monica Kelly
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eHo SATURDAY,SEPTEMBER 18,1999,THE HERALD 13B
NOTICE OF HEARING BEFORE CITY COMMISSION CJOF
OF DANIA BEACH, FLORIDA, REGARDING ADOPTIONTHE FOLLOWING PROPOSED ORDINANCES:NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania
Florida, on September 28. 1999, at 7:30 p.m. or as soon thereafter as the matter may
be heard, will conduct a public hearing in the City Commission room of the Dania
Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider
ad
the proposed option of the following Ordinances entitled:
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, CREATING A NEW ARTICLE VI OF CHAPTER 20 OF THE CITY CODE OF
ORDINANCES, SUCH ARTICLE TO BE ENTITLED"VEHICLES USED TO FACILITATE
CERTAIN CRIMES" PROVIDING FOR THE IMPOUNDMENT OF MOTOR VEHICLES
IN CONNECTION WITH CERTAIN CRIMES; PROVIDING FOR THE PROCEDURES
AND NOTICES TO BE FOLLOWED IN THE IMPOUNDMENT PROCESS; PROVIDING
FOR AN ADMINISTRATIVE PENALTY; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING
A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE"
"AN ORDINANCE PERTAINING TO THE CREATION OF A NUISANCE ABATEMENT
BOARD;CREATING ARTICLE VII IN CHAPTER 17 OF THE CODE OF ORDINANCES
OF THE CITY OF DANIA BEACH, FLORIDA, TO ESTABLISH SUCH A BOARD; .
PROVIDING FOR CONFLICTS; PROVIDING A SEVERANCE CLAUSE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE"
"AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, REQUIRING THAT OCCUPATIONAL LICENSES BE OBTAINED FOR
RENTALS OF SINGLE FAMILY AND TWO FAMILY (DUPLEX) RESIDENTIAL
PROPERTY; AMENDING SECTION 15-7, ENTITLED "APPLICATION REQUIRED;
AFFIDAVIT, ZONING CERTIFICATE AND CERTIFICATE OF CODE COMPLIANCE",
AND SECTION 15.12, ENTITLED "LICENSE FEE SCHEDULE", RESPECTIVELY, OF
CHAPTER 15, LICENSES, OF THE TY OF
OF
DE
ORDINANCES PROVIDING FOR CONFLICTS; DANIA
TS; FFURTHER, PROVIIDINGOFOR AN
EFFECTIVE DATE." .
A copy of these proposed Ordinances are on file in the office of the Acting City Clerk,
City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be
inspected by the public during normal working hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to
the proposed. Any person who decides to appeal any decision made by the City
Commission with respect to any matter considered at this hearing will need a record of
the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to
participate in any of the proceedings should contact Sheryl Chapman, Acting City
Clerk, 100 West Dania Beach Boulevard, Dania, Florida 33004, (954) 921-8700 ext.
203 at least 72 hours prior to the meeting.
/s/ Charlene Johnson
Deputy City Clerk
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