§ 2.188. Powers and Duties.

(1)

Any place or premises that has been used:

(a)

On more than two occasions within a six month period, as the site of a violation of Section 796.07, Florida Statutes;

(b)

On more than two occasions within a six month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(c)

On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(d)

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by Section 874.03, Florida Statutes;

(e)

On more than two occasions within a six month period, as the site of a violation of Section 812.019, Florida Statutes, relating to dealing in stolen property; or

(f)

Any pain-management clinic, as described in § 458.3265 or § 459.0137, Florida Statutes, which has been used on more than two occasions within a 6-month period as the site of a violation of:

1.

Section 784.011, § 784.021, § 784.03, or § 784.045, Florida Statutes, relating to assault or battery;

2.

Section 810.02, Florida Statutes, relating to burglary;

3.

Section 812.014, Florida Statutes, relating to dealing in theft;

4.

Section 812.131, Florida Statutes, relating to robbery by sudden snatching; or

5.

Section 893.13, Florida Statutes, relating to the unlawful distribution of controlled substances, may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section.

(2)

The Criminal Nuisance Abatement Board shall hear complaints regarding the public nuisances described in subsection (1).

(3)

Any employee, officer or resident of the City of Orlando may bring a complaint before the Board. Any person bringing a complaint before the Board must comply with the provisions contained herein.

(4)

A copy of such complaint shall be provided to the City's Office of Legal Affairs and to the Board's Recording Secretary at least 30 days prior to the next scheduled Criminal Nuisance Abatement Board Meeting.

(5)

Such complaint together with sworn supporting statements shall be reviewed by an attorney for the City's Office of Legal Affairs for legal sufficiency.

(6)

If the reviewing attorney has reason to believe a public nuisance exists on the place or premises, the City may pursue the action and may file a formal notice of hearing.

(7)

Within 10 days after receiving the complaint, the Board, through its Recording Secretary, shall schedule a hearing and send a copy of the complaint and written notice of hearing by certified mail, return receipt requested, or by hand delivery to the owner of the place or premises complained of at the last known address of such owner. If an attempt to reach the owner by hand delivery or certified mail is unsuccessful, notice of the hearing may be made by publication as provided in Chapter 49, Florida Statutes, as amended. Notice, whether by certified mail, hand delivery, or publication must be provided at least three (3) days prior to the scheduled hearing before the Board.

(8)

The Board shall conduct a public hearing on the complaint, and may receive and consider any evidence, including evidence of the general reputation of the place or premises which is the subject of the complaint.

(9)

All testimony at the hearing shall be under oath. The Board shall not be bound by the formal rules of evidence and may consider hearsay testimony; however, the Board shall act to ensure fundamental due process in its hearing process.

(10)

The owner of the place or premises shall have the opportunity to appear before the Board, in person and/or through legal counsel, to offer evidence in his or her defense.

(11)

At the conclusion of the hearing, based on the evidence received, the Board may find and declare upon the preponderance of the evidence that the place or premises has been used as alleged in the complaint and that such place or premises thereby constitutes a public nuisance as described in subsection (1). The Board in its discretion may continue the hearing in order to receive additional evidence, testimony, or for any other reason the Board deems appropriate before ruling on the complaint. If the Board does not find that the allegations of the complaint have been proven, it shall enter an order dismissing the complaint.

(12)

If the Board finds and declares a place or premises to be a public nuisance, it may enter an order imposing fines and costs pursuant to Section 2.189 of this Article, requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance, and/or it may enter an order immediately prohibiting:

(a)

The maintaining of the nuisance;

(b)

The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof;

(c)

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

An order entered under this Section shall expire after one (1) year or at such earlier time as is stated in the order.

(13)

Before the Board can order the closure of a place or premises under subsection (11), the Board must make a factual finding:

(a)

That the owner did not abate the nuisance after being ordered by the Board to do so; or

(b)

That the owner did not substantially comply with an appropriate order issued by the Board; or

(c)

That the owner continued to maintain an ongoing nuisance; or

(d)

That closure is the only effective option in eradicating the nuisance, such finding to be supported by a written order setting forth the factual bases for this determination.

(14)

The Board may bring a complaint, under Section 60.05, Florida Statutes, seeking temporary and permanent injunctive relief against any public nuisance described in subsection (1). The City's Office of Legal Affairs shall prosecute such action on behalf of the Board. This section does not restrict the right of any person enumerated in Section 60.05, Florida Statutes, to proceed under Section 60.05, Florida Statutes, against any public nuisance.

(15)

As used in this Article, the term "controlled substance" includes any substance sold in lieu of a controlled substance in violation of Section 817.563, Florida Statutes, or any imitation controlled substance defined in Section 817.564, Florida Statutes, as amended.

(16)

As used in this Article, the terms "place or premises" means the land and its appurtenances and structures thereon as such land is described or contained in the deed or instrument of conveyance as same is recorded in the Public Records of Orange County, Florida.

(17)

As used in this Article, "public nuisance" means the conditions described in subsection (1).

(18)

The Criminal Nuisance Abatement Board shall have the power to adopt rules for the administration and conduct of its hearings. Such rules shall not be inconsistent with this Article and the rules of procedure adopted by the City Council. Such rules shall be designed to facilitate the efficient administration of this Article.

(Ord. of 1-11-1988, Doc. #21783; Ord. of 10-19-1992, Doc. #26094; Ord. of 1-22-1996, Doc. #29094; Ord. of 7-8-1996, Doc. #29462; Ord. of 3-22-1999, § 1, Doc. #31975; Ord. of 10-9-2000, § 1, Doc. #33311; Ord. of 10-16-2006, § 3, Doc. #0610161003; Ord. No. 2013-10, § 1, 3-25-2013, Doc. #1303251201)