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HomeMy WebLinkAboutCEB Agenda Pkt. 7-31-2008 (Special Workshop)CALL TO ORDER ROLL CALL: City of Cape Canaveral IE ENFORCEMENT BOARD SPECIAL WORKSHOP AGENDA CITY ANNEX 111 POLK AVENUE Thursday July 31, 2008 6:00 P.M. DISCUSSION: 1. Gkrenic Nuisance Ordinance Cr'i n:nal ADJOURNMENT: Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person 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. This notice does not constitute consent by the City for the Introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. The attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Planning 8 Zoning and / or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing special assistance to participate in any of these proceedings should contact the City Clerk's office at 868- 1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorlda.com/cape • email: ccapecanaveral@efl.rr.com ORDINANCE NO. 06-2008 AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREAT NGANEWDIVISIONENTITLED "PUBLIC NUISANCE ABATEMENT"; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD'S MEMBERSHIP AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral desires to ensure that the citizens of Cape Canaveral enjoy a high quality of life and may peacefully enjoy the beauty of the City; and WHEREAS, bytaking everyreasonable action available under law to remediate and prevent nuisances, the City Council can protect the citizens of Cape Canaveral and facilitate the peaceful and harmonious lifestyle provided by the City; and WHEREAS, section 893.138, Florida Statutes, authorizes the City to create an administrative board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances within the City under circumstances when a pending or repeated violation continues to exist; and WHEREAS, consistent with section 893,138, Florida Statutes, the City Council desires to establish a Criminal Nuisance Abatement Board, to prosecute criminal nuisances before the board, and to allow for the imposition of enhanced fines for recurring criminal nuisances; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 06-2008 Page 1 of 10 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and su ikeont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS DIVISION 4. CRIMINAL NUISANCE ABATEMENT BOARD Sec. 2-292. Purpose and intent. Pursuant to the City's authority established in section 893 138, Florida Statutes, the purpose of this division is to promote protect and improve the health safety, welfare and quality of life of the citizens of the City of Cape Canaveral by creatine an administrative board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable expeditious effective and inexpensive method of enforcing the City Code under circumstances when a pending or repeated violation continues to exist It is the intent of this division to provide the city with an additional and supplemental means to abate dine prostitution dealing in stolen 12=erty and criminal street eanz activities amounting City of Cape Canaveral Ordinance No. 06-2008 Page 2 of 10 to a public nuisance. Nothing contained herein shall preclude the city from abating nuisances under section 60.05, Florida Statutes, or as otherwise provided by federal- state or local law. See. 2-293. Establishment; membership: meetines: definitions. (aa)- Criminal nuisance abatement board established Pursuant to section 893.138. Florida Statutes, the code enforcement board is hereby designated and established as the criminal nuisance abatement board and shall act as the city's administrative board to hear complaints regarding nuisances as provided for in this division. b) Membership. The terms of office of the board members shall coincide with the terms of office of the code enforcement board members. fc Meetings The board shall establish a schedule of regular mectings at such intervals as the board may determine. but not less frequently than once every two (2) months. Re alar meetings ofthe board shall be scheduled where possible to immediatelvorecede the regularly scheduled meetings of the code enforcement board and may be cancelled by the chairperson if there is no business to come before the board. iL De tuitions As used in this division, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: Citymanager shall mean the city manager of Cave Canaveral or the city manager's designee Controlled substance shall mean any drug, narcotic, or other substance identified and orohibited under Chapter 893 Florida Statutes as may be amended Criminal street gang shall have the same meaning as set forth under section 874 03 Florida Statutes. as may be amended. Criminal street gang activity shall mean those activities committed by a criminal street gang or member thereof as set forth under section 874.03, as may be amended. Dealing in stolen property shall have the same meaning as that provided under section 812 019. Florida Statutes, as may be amended. Nuisance abatement coordinator shall mean the officer or officers of the Brevard County Sheriff's Denartment designated by the city manager responsible for overseeing and enforcing the provisions of this division on behalf of the city. Prostitution or prostitution -related activity shall mean any act constituting a violation of section 796.07. Florida Statues, as may be amended. Reeordingsecretary for the nuisance abatement board/reeordinesecretary shall mean a city City of Cape Canaveral Ordinance No. 06-2008 Page 3 of 10 staff member or clerk assigned to the criminal nuisance abatement board Recurring criminal nuisance means any single or multiple instance of conduct nrescribed in section 893 138, Florida Statutes, as may be amended, that occurs during the effective term of an order entered by the board. Stolen property shall mean tangible, intanig ble, personal or real property having any monetary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. Sec. 2-294. Powers. The criminal nuisance abatement board shall have the powers delineated in section 893.138, Florida Statutes, which shall include, but not be limited to, the following: (a) Adopting rules for the conduct of its hearings. (b) Subpoenaing alleged violators and witnesses to its hearings. ,(c) ,Subpoenaing records, surveys, plats, or other documentary evidence which subpoenas shall be served by the police department. (d)- Taking testimony under oath. (e)- Issuing orders having force and effect of law commanding whatever steps are necessary to bring a violation into compliance. (f) Establishing and levying fines• See. 2-295. Criminal nuisances established: violations. It shall be a criminal nuisance and a violation of this division for anyplace or premises, or any part thereof, to be used or allowed to be used: (1 On more than two (2) occasions within a 6 -month period for prostitution or prostitution -related activities: b(bl On more than two (2) occasions within a 6 -month period, as the site of the unlawful sale, delivery,_ manufacture, or cultivation of any controlled substance: (c) On one (1) 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 (1) occasion as the site of the unlawful sale, delivery, manufacture. or cultivation of any controlled substance: City of Cape Canaveral Ordinance No. 06-2008 Page 4 of 10 a By a criminal street gang for the pumose of conducting a pattem of criminal street gang activity; or Le)- On more than two (2) occasions within a 6 -month period as the site of a violation relating to dealing in stolen property. Sec 2-296 Enforcement procedures; notice; hearing. (a) Any employee officer or resident of the city may file in accordance with this section a written complaint alleging the existence of a criminal nuisance The complaint shall only be for those nuisances enumerated in this division and shall state facts that reasonably tend to establish the existence of such criminal nuisance. All complaints shall be filed with the nuisatrce abatement coordinator. The nuisance abatement coordinator shall review each complaint filed to determine whether the facts presented establish the requisite number of incidents or occurrences required under this division Where the complaint alleges the requisite number of incidents or occurrences to establish a nuisance under this division the nuisance abatement coordinator shall forward the complaint with any relevant incident or arrest reports generated by the sheriffs dMartment substantiating such incidents or occuaences or evidencing new or additional incidents or occurrences, to the city aftemey. M °^es,. ba The city manager shall review all complaints to verify the findings of the nuisance abatement coordinator. If the city manager deems the complaint sufficient under this division to support a probable fording of the existence of a criminal nuisance, the nuisance abatement coordinator shall prepare a courtesy notice ofviolation to be served. in accordance with this section upon the owner ofthepropertvinquestion. The courtesy notice of violation shall provide the name of the owner of the premises the address of the premises where the nuisance has occurred a brief statement describing the incidents or occurrences which support the finding of a criminal nuisance upon the premises and recommendations of remedial action to be taken to abate the criminal nuisance upon the uroperty. The owner of the premises shall have ten (10) calendar days from the date of the notice to contact the nuisance abatement coordinator to indicate what action will be taken to abate the nuisance Won the premises Failure of the owner to receive this notice of violation shall not invalidate any further proceedings hereunder. If a recurring criminal nuisance or emergency situation exists the nuisance abatement coordinator shall not be required to provide a courtesy notice of violation but instead may prepare and serve a statement of violation and notice of hearing as provided below. Lc)- Should the owner or operator fail to contact the nuisance abatement coordinator, fail to commit to a course of action designed to abate the nuisance upon the property, or should there be any further incidents or occurrences which constitute a nuisance upon the property ahearing date shall be scheduledbefore the board.Such hearing shall be held nosoonerthan City of Cape Canaveral Ordinance No. 06-2008 Page 5 of 10 ten (10) calendar days after the notice of hearing is sent to the owner of the place or premises at the owner's last known address The nuisance abatement coordinatorshallthen prepare and serve upon the owner or operator, in accordance with this division, a statement of violation/notice of hearing providing the following information: (U A statement of the time, place and nature of the hearing: (2) A statement of the legal authority and jurisdiction under which the hearing is to be held: A reference to the particular sections of the statutes and ordinances involved: f 4Z A cUv of the statement of violation including all documentation in support thereof: and (d,) All notices under this division shall be hand -delivered by the Brevard Counri Sheriffs Department wherevractical orwherenotpmctical orimpossible bvicertified mail, return receipt requested to the property owner of record at the address m it appears in the public records of the county property appraiser's office If the notice is retumed for any reason then service shall be effected by mailing the notice thmu hgh regular delivery to the address of the premises and by posting the notice in accordance with Chanter 162. Florida Statutes Proof of service shall be by written declaration indicating the date, time, and manner in which service was made. (,ee) The city manager may negotiate stipulated settlement agreements with a property owner to facilitate the abatement of a criminal nuisance. All stipulated agreements shall be reviewed and approved by the nuisance abatement coordinator and board prior to being effective The board shall approve all settlement agreements by written order. ffl- At thehearine the nuisance abatement coordinator shall present evidence before the board on behalf of the city and has the burden to prove the existence of a criminal nuisance by substantial and competent evidence. The board may consider any evidence, regarding the activities alleged in the statement of violation and occurring about the place or premises, and the owne*{s) of the place or premises shall have the opportunity to appear before the board iinperson and/or through legal counsel, to present evidence in defense or in mitigationaeainst the complaint conduct cross-examination, submit rebuttal evidence. and make brief opening and/or closing statements Irrelevant immaterial or unduly repetitive evidence shall be excluded All testimony shall be taken under oath and shall be recorded. Any member of the board, or counsel to the board may inquire of any witness testifying before the board. The board shall take testimony of such witnesses as may be called by the respective sides. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings In addition the board may consider testimony and evidence relating to the general reputation of the place or premises and City of Cape Canaveral Ordinance No. 06-2008 Page 6 of 10 The board may nroceed with a hearing in absentia on the merits of an alleged criminal nuisance against any property owner who has been properly noticed under this division and has failed to appear. Any findings or orders entered by the board are valid and binding upon each Respondent who has been properly noticed The board, in its discretion, may continue a hearina to receive additional evidence testimony, or for any other reason the board deems appropriate. (g)_ At the conclusion of the hearing the board shall issue findings of fact based on evidence in the record and conclusions of law. and shall issue an order affording the proper relief consistent with the powers granted by Florida Statutes and by this section The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged_ violator within ten (10) calendar days after the hearing. a If the board declares a place or premises to be a criminal nuisance it may enter an order immediately prohibiting: i1 The maintaining of the nuisance: l� The operating or maintaining of the place or premises: The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance: or (1 May impose any other measures or conditions the board deems appropriate to abate a criminal nuisance. Cil This subsection does not restrict the right ofanyperson including the city to proceed under section 60 05. Florida Statutes, against any public nuisance a If the city proves the existence of a criminal nuisance or recurring criminal nuisance before the board the city as the Prevailing party, shall be entitled to recover its reasonable fees and costs associated with the investigation, hearing and nmsecution on the criminal nuisance through all appellate proceedings, including attorney's fees and the costs of recording any order. notice or agreement W An order of the board shall expire not more than one (l) year, or at such earlier time designated in the order, after entry ofthe orderby the board.The ordermayinclude deadlines or other notice for requiring compliance by a certain date and that a fine may be imposed in accordance with this division. Sec. 2-297. Penalties: fines: liens: recordine. (a)_ The city manager shall upon notification by the recording secretly that an affidavit City of Cape Canaveral Ordinance No. 06-2008 Page 7 of 10 of noncompliance has been filed by the nuisance abatement coordinator reflecting that a previous order of the board has not been complied withschedule a hearing before the board UUvOn evidence establishing that noncompliance exists the board shall enter an order imnosing conditions and any other measures to abate the criminal nuisance as provided by this division, including the imposition of a fine b(_)_ A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) per day for a fust occurrence of a criminal nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring criminal nuisance However, total fines imposed in any action brought Pursuant to this division shall not exceed fifteen thousand dollars ($15.000.00). In determining the amount of the fine if any, the board shall consider the following factors: (a The gravity of the criminal nuisance: 1l Any actions taken by the owner to correct the criminal nuisance: and (3)_ Any previous nuisances maintained or permitted by the owner. (c)- A certified copy of an order imposing a fine may be recorded in the public records of the county, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the owner. Upon petition to the circuit court, such order may be enforced in the same manner as a court iudgment by the sheriffs of this state, including levy against personal property, but such order shall not be deemed to be a court iudgment except for enforcement purposes A fine imposed pursuant to this division shall continue to accme until the owner comes into compliance or until the judgment is rendered in a suit to foreclose on a lien filed pursuant to this section whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city may execute a satisfaction or release of a lien in the same manner as provided under section 2-260 of this Code, or may otherwise seek to foreclose on the lien against the owner's property or the prohibition of operation provision if the property owner elects to evict the business declared to be a nuisance within ninety (90) calendar days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. Any lien recorded against real property may be foreclosed by the city and the owner of such real property shall be liable for all costs, including a reasonable attomey's fee, associated with the recording of all orders and foreclosure. (d) The board may further bring a complaint pursuant to section 60 05. Florida Statutes, seeking a permanent injunction against any nuisance as described in this division This section does not restrict the right of any person to proceed under section 60.05. Florida Statutes, against any criminal nuisance. City of Cape Canaveral Ordinance No. 06-2008 Page 8 of 10 See. 2-298. Appeal. A partyaggrieved by a final administrative order of the board shall have the right to anneal said order to a court of competent Jurisdiction pursuant to the rules of procedure of the court. Sec. 2-299. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6th day o May, 2008. ROCKY RAN LS, Mayor e SUSAN STILLS, City Clerk Fust Reading: 04/15/08 Legal Ad published: 04/26/08 Second Reading: 05/06/08 City of Cape Canaveral Ordinance No. 06-2008 Page 9 of 10 For Against Bob Hong X Leo Nicholas - Motion Buzz Petsos X Rocky Randels X C. Shannon Roberts Second City of Cape Canaveral Ordinance No. 06-2008 Page 9 of 10 Approved as to form and sufficiency for the City of e C averal only: NY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2008 Page 10 of 10 BROWN, GARGANESE, WEISS & UAGRESTA, P.A Attorneys at Law Debra S. Bab"utcher' Offices in Odando, Kissimmee, Cocoa, Tara L. Barred Joseph E. Stitch Ft. Inudecdale & Tempe Vivian P. Cocolas Usher L. Brown' Scrod J. Domim in Suzanne D'Agresta' Robin Gibson Drage Anthony A GarganeWn Christopher H. Hunt William E. Reischmann, Jr. Katherine W. Latone J.W. Taylor Terri E. Oster Jeffrey S. Weiss Amy J. Pitsoh Erin J. O'Leary' 'BoaN Cari Clvil Trial lawyer Catherine D. Reischmann" "Board certified City, County It Local Government Leal Of Counsel 'BoaN CeNfied AWellele Pradoe CRIMINAL NUISANCE ABATEMENT WORKSHOP July 31, 2008 The Florida Legislature has authorized counties and municipalities to abate certain repeat criminal nuisances from occurring at the same locations through the creation ofan administrative board with the authority to impose administrativeffnes and other noncriminal penalties to provide a just, equitable, and inexpensive method of enforcing the law when repeat violations continue to exist. § 893.138, Fla. Stat. IDENTIFICATION OF CRIMINAL NUISANCE A. Reporting a Criminal Nuisance: Any employee, officer, or resident of the City may file a written complaint with the Nuisance Abatement Coordinator alleging the existence of a criminal nuisance. The written complaint should include facts that reasonably establish the existence of the criminal nuisance. B. What is a Criminal Nuisance? Criminal nuisances prosecuted pursuant to these procedures are limited to those crimes expressly enumerated in the City Code: Prostitution or prostitution -related activities on more than two (2) occasions within a 6 -month period; 2. Unlawful sale, delivery, manufacture, or cultivation of any controlled substance on more than two (2) occasions within a 6 -month period; 3. Unlawful possession of a controlled substance on one (1) occasion, where such possession constitutes a felony and the same premises have been previously used on more than one (1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa Criminal Nuisance Abatement Workshop July 31, 2008 Page 2 4. Pattern of criminal street gang activity; or 5. Violation relating to dealing in stolen property on more than two (2) occasions within a 6 -month period. C. Nuisance Abatement Coordinator Evaluation: The Nuisance Abatement Coordinator will evaluate each complaint and any supporting documentation and assess whether the facts reasonably establish that criminal nuisance activity occurred, and whether the requisite number of incidents have occurred within the applicable time period. If the minimum requirements are met, the Nuisance Abatement Coordinator will forward the information to the City Manager for review. D. it ManaeerEvaluation: The CityManager will provide an additional review of the complaint and any supporting documentation. If the City Manager finds the complaint sufficient to support a probable finding of a criminal nuisance, the Nuisance Abatement Coordinator will proceed with notifying the propertyowner of the violation as set forth below. R. ABATEMENT PROCEEDINGS A. Courtesy Notice of Violation: The Nuisance Abatement Coordinator will prepare a Courtesy Notice of Violation to be served upon the property owner. The notice should include: 1. Name of the property owner; 2. Address of the premises where the nuisance has occurred; 3. Brief statement of the incidents or occurrences which support the finding of a criminal nuisance on the property; and 4. Recommendation of remedial action to be taken to abate the criminal nuisance The property owner has ten (10) days from the date of the Courtesy Notice of Violation to contact the Nuisance Abatement Coordinator to indicate what action will be taken to abate the nuisance. If recurring criminal nuisances or emergency situations exists, the Nuisance Abatement Coordinator is not required to issue a Courtesy Notice of Violation and may serve a Statement of Violation and Notice of Hearing as explained below. Criminal Nuisance Abatement Workshop July 31, 2008 Page 3 B. Notice of Hearin & Statement of Violation - I. If the property owner fails to contact the Nuisance Abatement Coordinator, fails to commence on a course of action consistent with the Nuisance Abatement Coordinator's recommendation, or recurring incidents occur which constitute a criminal nuisance on the property, a hearing date shall be scheduled before the Criminal Nuisance Abatement Board (`the Board'). 2. The Nuisance Abatement Coordinator shall serve the property owner with a Notice of Hearing/Statement of Violation at least ten (10) days prior to any hearing before the Board. 3. The Notice of Hearing/Statement of Violation shall include the following information: a. Statement of time, place and nature of the hearing; b. Statement of the legal authority and jurisdiction under which the hearing is to be held; C. Reference to the particular sections of the statutes and ordinances involved; and d. Copy of Statement of Violation, including all documentation in support thereof. C. Stipulated Settlement Agreements: The City Manager may negotiate stipulated settlement agreements with property owners to facilitate abating the criminal nuisance. Each settlement agreement is required to be reviewed by the Board during a public meeting and approved in writing. D. Hearing: 1. Nuisance Abatement Coordinator will present evidence supporting a finding of criminal nuisance and has the burden of proving the existence of the criminal nuisance. 2. The Board may consider any evidence of the alleged criminal nuisance. 3. Property owner is given opportunity to appear before the Board, in person or through counsel, to present evidence in defense or in mitigation against the complaint, conduct cross-examination, submit rebuttal evidence, and make brief opening and/or closing statements. 4. Irrelevant, immaterial or unduly repetitive evidence shall be excluded. Criminal Nuisance Abatement Workshop July 31, 2008 Page 4 5. All testimony is taken under oath and recorded. 6. Any member of the Board or counsel to the Board may ask questions of witnesses testifying before the Board. 7. The Board may consider evidence of the general reputation of the place or premises subject to the hearing. 8. The Board may still conduct a hearing where the property owner is not present, as long as the property owner was properly noticed under the requirements of the Code. 9. Boardmaycontinue hearings at its discretion to receive additionaltestimony, evidence or for any other reason the Board deems appropriate (subpoena power). E. Board Order: At the conclusion of the hearing, the Board shall issue findings of fact based on the evidence presented in the record and conclusions of law, and shall issue an order affording proper reliefbased on the Code and Florida law. The order should be reduced to writing and mailed to the property owner within ten (10) days of the hearing. 2. If the Board finds the property to be a criminal nuisance, it may enter an order immediately prohibiting: a. The maintaining of the nuisance; b. The operating or maintaining of the place or premises (close the business down, vacate residents); C. The conduct, operation, or maintenance of anybusiness or activity on the premises which is conducive to such nuisance; or d. May impose any other measures or conditions the board deems appropriate to abate a criminal nuisance. 3. The Board's order should be reasonably necessary to abate the criminal nuisance. 4. The order expires not more than one (1) year after entry of the order by the Board. Criminal Nuisance Abatement Workshop July 31, 2008 Page 5 5. The order may include deadlines or other notices to require compliance by a certain date and may impose fines. III. NON-COMPLIANCE WITH BOARD ORDER; PENALTIES & LIENS A. Non-compliance with Board Order: In the event a property owner subject to an order of the Board fails to comply with the terms of the order, the Nuisance Abatement Coordinator shall file an affidavit of noncompliance with the Board's recording secretary. The City Manager shall then schedule a hearing before the Board for the purpose of presenting evidence of noncompliance. Notice of the noncompliance hearing shall be provided to the property owner. B. Order on Findine of Noncompliance: Upon a finding by the Board that the property owner is in noncompliance with the Board order, the Board may impose a fine not to exceed $250.00 per day. Total fines incurred under this procedure may not exceed $15,000.00. In determining the amount of the fine, if any, the Board shall consider the following factors: The gravity of the criminal nuisance; 2. Any actions taken by the owner to correct the criminal nuisance; and 3. Any previous nuisances maintained or permitted by the owner. C. Lien: A certified copy of the Board's order may be recorded in the public records of the county and shall thereafter constitute a lien against the land on which the violation exists, and upon any other real or personal property owned by the property owner.