HomeMy WebLinkAboutO-2018-011 Creating Art. XII & Sec. 17-133 of Ch. 17 Regarding Public Nuisance Second Reading ORDINANCE NO. 2018-011
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, CREATING ARTICLE XII, TO BE ENTITLED "PUBLIC NUISANCE",
AND SECTION 17-133, TO BE ENTITLED "PUBLIC NUISANCE ABATEMENT"
AS PART OF CHAPTER 17, ENTITLED "OFFENSES MISCELLANEOUS" OF THE
CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Article XII to be entitled "Public Nuisances" and Section 17-133, to
be entitled "Public Nuisance Abatement" as part of Chapter 17, entitled "Offenses
Miscellaneous"of the City Code of Ordinances, is created to read as follows:
ARTICLE XII. - PUBLIC NUISANCES
Sec. 17-133. - Public nuisance abatement.
a) Definition. For purposes of this section, "public nuisance" means any of those actions
or failures to act defined as a public nuisance in Florida Statutes Section 823.05,
Florida Statute Section 823.10, F.S. Section 893.138, and any public nuisance known or
recognized as such at common law or in equity jurisprudence or as provided by statute,
administrative rule, or ordinance of the City, including this Article, which tend to annoy
the public, injure the health of the citizens in general, or corrupt the public morals
within the City.
b) 1,7olation established. It is unlawful and constitutes a violation. of this section for any
person or business who or which engages in any business, a profession or occupation
within the City, or who or which owns, operates or manages premises or any business
establishment within the City, to engage in business, a profession or occupation or
operate or manage the premises or business establishment, in a manner which facilitates
or aids the efforts of that business, person or any other person to engage in conduct
which constitutes the establishment or maintenance of a public nuisance within the
City.
c) Enforcement. The City Code Compliance Special Magistrate shall have jurisdiction to
hear and decide cases in which violations of this Article are alleged. The City may
enforce the provisions of this Article pursuant to the City's enforcement procedures as
provided by Florida Statute Chapter 162.
1. The City may prosecute violations of this Section by issuance of a notice of formal
hearing before a code compliance special magistrate for violation of a City
ordinance, in which case the penalty for a violation is as follows:
a. First offense $250.00
b. Second offense $500.00
c. Violation irreparable in nature Up to $5,000.00.
2. The special magistrate shall have the authority to order compliance with measures
intended to protect the public health, safety, and welfare, in an effort to abate any
nuisance.
3. Each day in which a violation exists will constitute a separate violation for the
purpose of determining the fine, penalty and compliance measures imposed.
The provisions contained in this Article are additional and supplemental means of
enforcement. The provisions and procedures contained in this Article shall be in addition to and
supplemental to any other remedies now existing or subsequently provided for by law or City
ordinance.
Section 2. 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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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 this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on June 12, 2018.
PASSED AND ADOPTED on second reading on June 26, 2018.
ATTEST:
THOMAS SCHNEIDER, CMC TAMARA JAM S
CITY CLERK et``�` MAYOR
e1JSHE0�'
APPROVED AS TO FORM
AND CORRECTNE S:
(T
THO AS J. N O
CITY ATTO E
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