§ 2-9-20. Penalties.

(a)

If the board declares a place or premises to be a criminal nuisance, the board may enter an order requiring the owner of such place or premises to adopt such procedures as may be appropriate under the circumstances to abate any such criminal nuisance or it may enter an order immediately prohibiting:

(1)

The maintaining of the criminal nuisance;

(2)

The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof, provided that the activities which constitute the criminal nuisance meet the standard of being inextricably intertwined with the operation of the place or premises as set forth in the case of Keshbro, Inc., vs. City of Miami, 801 So.2d 864 (Fla. 2001); or

(3)

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

(b)

Before the board can order the closure of a place or premises under subsection (a) of this section, the board must make a factual finding that closure is the only effective option in eradicating the criminal nuisance, such finding to be supported by a written order setting forth the factual bases for such determination; and

(1)

That the owner did not abate the criminal nuisance after being ordered by the board to do so;

(2)

That the owner did not substantially comply with an appropriate order entered by the board; and

(3)

That the owner continued to maintain an ongoing criminal nuisance.

(c)

The order may require the county administrator to post a sign in a prominent location on any county right-of-way adjacent to the place or premises designating such place or premises to be a criminal nuisance.

(d)

An order entered by the board shall expire after one year or at such earlier time as stated in the order. The board may retain continuing jurisdiction for a period of one year over any place or premises that has been or is declared to be a criminal nuisance.

(e)

An order entered by the board may be enforced pursuant to the procedures contained in Section 120.69, Florida Statutes. This provision does not subject the county or the board to any other provision of Chapter 120, Florida Statutes.

(f)

The board may request that the board of county commissioners bring a complaint under Section 60.05, Florida Statutes, seeking temporary and permanent injunctive relief against any criminal nuisance.

(g)

This chapter does not restrict the right of any person to proceed under Section 60.05, Florida Statutes, against any public nuisance.

(Ord. No. 14-41, § 26, 10-4-14)