§ 2-9-19. Hearings.

(a)

Upon the occurrence of any activity defined as a criminal nuisance, the sheriff shall furnish a written notice to the owner of the place or premises, informing the owner of such activity and the consequences if such activity is not eliminated. Should the activity continue to occur or be repeated at the same place or premises, any employee, officer, or resident of the county may file a complaint with the county administrator. The county administrator shall review the complaint together with sworn supporting statements and other documents. If the county administrator determines that the activity defined as a criminal nuisance has been eliminated, the complaint may be dismissed. If the county administrator has reasonable cause to believe such activity continues to exist or has been repeated at the place or premises, the county administrator shall refer the complaint to the board for a hearing.

(b)

In the event the owner does not eliminate the activity defined as a criminal nuisance, the board, through the county administrator, may schedule a hearing. A copy of the complaint and written notice of the hearing shall be provided to the owner of the place or premises at his or her last known address not less than three (3) days prior to the hearing. The notice shall be provided by certified mail, return receipt requested, or by hand delivery by the sheriff or other law enforcement officer.

(c)

Upon request of the county administrator, or at such other times as may be necessary, the chair or vice-chair of the board may call a hearing of the board. The board at any hearing may set a future hearing date. Minutes shall be kept of all hearings of the board, and all hearings and proceedings shall be open to the public in accordance with the Government in the Sunshine Law, Chapter 286, Florida Statutes. The county administrator shall provide clerical and administrative personnel as may be reasonably required by the board for the proper performance of its duties.

(d)

The clerk of the circuit court shall serve as clerk to the board as it serves as clerk to the board of county commissioners. The clerk shall keep minutes of all board proceedings and shall be the custodian of the official records of the board. All records of the board shall be public records in accordance with the Public Records Law, Chapter 119, Florida Statutes.

(e)

A hearing on a complaint may be held if the owner of the place or premises complained against is absent, provided notice of the hearing has been given to such owner in accordance with subsection (b) of this section.

(f)

Each case before the board shall be presented by the complainant or by a member of the county administrative staff. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The burden of proof at the hearing shall be on the complainant or the county administrative staff to establish that a criminal nuisance exists by competent and substantial evidence sufficient to meet the clear and convincing standard of proof.

(g)

The owner of the place or premises shall have an opportunity, in person and/or through legal counsel, to present testimony and evidence in his or her defense, to cross examine witnesses, and to submit rebuttal testimony and evidence. The board may consider any evidence, including evidence of the general reputation of the place or premises.

(h)

The board may continue a hearing in order to receive additional testimony and/or evidence or for any other reason the board determines appropriate before ruling on the complaint. If the board does not find that the allegations of the complaint have been proven, the board shall enter an order dismissing the complaint.

(i)

At the conclusion of the hearing and based on the evidence received, the board may declare the place or premises to be a criminal nuisance. The order shall be by motion approved by a majority of those members present and voting, except that at least three (3) members of the board must vote in order for the action to be official. The order shall be reduced to writing and shall be signed by the chair or vice-chair of the board. The order shall be provided to the owner by U.S. mail or hand delivery.

(Ord. No. 14-41, § 26, 10-4-14)