§ 46-13. Conduct of hearings.

(a)

The special magistrate shall adopt rules, as necessary, for the conduct of the hearings. All hearings and proceedings shall be open to the public and minutes shall be kept. All testimony shall be taken under oath. The special magistrate shall be provided with administrative assistance from the code compliance division as needed.

(b)

The special magistrate shall proceed to hear complaints on the agenda for the day scheduled for the code enforcement and/or other public hearings. Before the special magistrate may hear a complaint, the special magistrate must make a finding that the notice requirements as set forth herein have been satisfied. In no case shall the public nuisance abatement special magistrate proceed to hear any complaint unless the notice requirements set forth herein have been met.

(c)

Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The special magistrate may consider any evidence, including evidence of the general reputation of the premises. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a state court.

(d)

The village and the owner shall have the following rights:

(1)

To call and examine witnesses.

(2)

To introduce documentary evidence, exhibits, or physical evidence.

(3)

To cross examine opposing witnesses on any relevant matter.

(4)

To impeach any witness.

(5)

To submit rebuttal evidence.

(6)

To be represented by counsel.

(e)

The owner of the premises in question may introduce evidence as to any remedial measures taken to ameliorate the conditions which led to the public nuisance complaint.

(f)

All findings of the special magistrate shall be based on a preponderance of the evidence. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible in a civil action. The initial burden of proof shall be on the village.

(g)

At the conclusion of the hearing, the special magistrate shall issue findings of fact and conclusions of law with respect to the issues before it.

(h)

If the special magistrate finds that a public nuisance does exist on the premises, the special magistrate may declare the premises in question a public nuisance. Upon such declaration, the special magistrate may enter an order immediately prohibiting:

(1)

The maintaining of the nuisance;

(2)

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

(3)

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

(i)

The special magistrate may also impose other measures for the abatement of the public nuisance which may include, but shall not be limited to, commencement of eviction action(s) pursuant to F.S. ch. 83; performance of criminal background checks for prospective tenants and tenants renewing leases; posting of "no trespassing" signs; continuing jurisdiction over the place or premises for a period of one year; imposition of fines not to exceed $250.00 per day for an initial violation and fines not to exceed $500.00 per day for a repeat public nuisances as set forth in this article; payment of reasonable costs, including reasonable attorney's fees associated with investigations of, notice of and hearings on the public nuisance; the recording of orders on public nuisances that may become liens against the real property that is the subject of the order; payment of reasonable costs and attorney fees incurred in any action to enforce an order of foreclosure based upon same; and, any other measure authorized under F.S. § 893.138. The special magistrate may include in the order a reasonable time to comply with the abatement measures. A copy of the order imposed shall be hand delivered or mailed regular U.S. mail to the property owner.

(j)

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

(Ord. No. 2015-20, § 2, 5-14-2015)