(5 Regular Members – 1 per Commissioner, and 2 Alternate Members - 2 Year Term)
The City Commission adopted Ordinance #21-99 creating the Nuisance Abatement Board on September 28, 1999. This Ordinance created Chapter 17, Article VII, of the City of Dania Beach Code of Ordinances.
The Nuisance Abatement Board is 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. The Board provides opportunities to reduce crime and simultaneously promote, protect and improve the health, safety and welfare of the citizens of Dania Beach.
MEMBERSHIP AND QUALIFICATIONS
The Board shall consist of five (5) regular members and two (2) alternate members who shall be residents of the City of Dania Beach. Members will serve without compensation at the pleasure of the City Commission.
Members of this Board are not required to file a Financial Disclosure Form.
TERMS OF OFFICE
The term of each member shall automatically terminate and expire at 12:00 noon on the first Tuesday following each Biennial General Municipal Election.
The presence of three (3) or more members shall constitute a quorum.
1. 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 Sheriff’s Office District II and the Broward Sheriff’s 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.
2. After a hearing before the Board in which the Board may consider any evidence, including pertinent evidence of the general reputation of the 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 provision of Section 893.138 of the Florida Statutes.
3. If the Board declares a place or premises to be a public nuisance pursuant to subsection (2) 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:
(a) Prohibiting the maintaining of the nuisance;
(b) 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 (3)(b) shall not become final until approved by motion of the City Commission;
(c) 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;
(d) Requiring the owner to pay a fine in an amount up to Two Hundred Fifty Dollars ($250.00) per day for a public nuisance, or up to Five Hundred Dollars ($500.00) per day for a recurring public nuisance. The total amount of fines imposed pursuant to this subparagraph shall not exceed Fifteen Thousand Dollars ($15,000.00).
4. Any order entered under subsection (3) above may establish continuing jurisdiction for a period of one (1) year over any place or premise 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.
5. An order entered under subsection (3) 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.
6. 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.
7. 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 the 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.
Where an action is based on a stolen property nuisance against a property owner operating an establishment where multiple tenants on one (1) site conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of its operation, if the property owner evicts the business declared to be a nuisance within ninety (90) days after notification by registered mail to the property owner of a second stolen property conviction of the tenant.
8. The Board shall meet not less than once per month if there is one (1) or more cases pending, on dates agreed upon by the Board, except the Board may decide not to meet during one month a year.
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.