§ 46-12. Initiation of procedures.

(a)

Any employee, officer, law enforcement officer, or resident of the village may file a complaint with the village attorney's office with regard to any public nuisance. The village attorney or designee shall review the complaint and determine whether substantial, competent evidence supports a finding that criminal activity that might constitute a public nuisance is occurring at the subject premises. If substantial, competent evidence exists, the village attorney or designee shall promptly provide written notice to the owner(s) of the premises of the complaint and a summary of the evidence of the criminal activity. The notice shall be served on the owner by the village attorney or designee in the same manner as the notice of hearing as provided in this article. The owner shall be provided a reasonable time from receipt of the notice to take action to abate the public nuisance. If after notice is provided, the criminal activity constituting a public nuisance continues at the premises, the village attorney or designee shall promptly schedule a hearing before the special magistrate. If substantial, competent evidence exists that the complained of public nuisance creates an immediate threat to the public health, safety and welfare or the property is a repeat public nuisance, the village attorney or designee shall provide written notice to the owner(s) of the premises of the complaint; a summary of the evidence of the public nuisance; and, may promptly set the matter for hearing.

(b)

The village shall give written notice of every hearing to the owner(s) at least five days prior to the scheduled hearing. Notice shall include the following:

(1)

The time, date, place and nature of the hearing;

(2)

A reference to this division;

(3)

A short and plain statement summarizing the incidents which form the basis of the complaint;

(4)

A statement that "failure to attend may result in an order being issued adverse to your interests";

(5)

A statement that all parties may be represented by counsel;

(6)

A statement that all parties shall be given an opportunity to present evidence in support of their position, submit rebuttal evidence, and conduct cross examination; and

(7)

A conspicuous statement reflecting the requirements of F.S. § 286.0105, that if a person decides to appeal any decision made by the special magistrate with respect to any matter considered at such hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she 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.

(c)

All notices required by this division shall be provided to the owner(s) consistent with the requirements for notice provided in F.S. § 162.12, regarding notices for code enforcement cases, except that if any notice sent by certified mail is not signed as received within 15 days after the date of mailing, notice may be provided by posting as described in F.S. § 162.12(2)(b).

(Ord. No. 2015-20, § 2, 5-14-2015)