§ 40.06. Nuisance abatement program: supplemental means of enforcement.

(1)

Pursuant to F.S. §§ 162.13 and 166.0415(7), the nuisance abatement program is a supplemental means of enforcing city codes and ordinances. A public nuisance also constitutes a code violation and the city is not limited to a choice of remedy to ensure compliance with its codes. Code compliance proceedings are punitive and involve fines levied against the subject property, which may be collected pursuant to F.S. § 162.09. In contrast, nuisance abatement pursuant to this chapter is remedial in nature and specifically designed to immediately, or as soon as practicable, bring the property into compliance, thereby protecting the public welfare and directly improving and benefiting the property upon which the nuisance is abated.

(2)

In addition to nuisance abatement proceedings, the city may institute code compliance proceedings against a property for an occurrence of a violation. However, once the subject violation/nuisance is abated, that occurrence of the code violation has ceased and no further code compliance penalties may accrue for that specific occurrence.

(3)

Repeat nuisance violations. Following the first notice under this chapter to abate a nuisance as described herein, any subsequent violation of the same nuisance classification(s) on the same property within a 12-month period may be abated by the city without further notice so long as the initial notice and order of abatement specifically provides for such subsequent abatement therein. All costs of abating the repeat nuisance, including administrative fees and costs, shall constitute a special assessment against said property.

(Ord. No. 07-146, § 3, 10-22-07; Ord. No. 13-17, § 1, 4-8-13)