§ 43.17. Resolution declaring property a threat and order to show cause.

(a)

Upon receipt of the code officer's findings, evidence, and reports supporting the existence of a nuisance as defined herein, the Code Officer shall set a hearing in front of the Special Magistrate declaring the property a threat to the public, health, safety and welfare with order to show cause.

(b)

The show cause hearing shall be a public hearing. At or after such hearing, if no good and sufficient cause can be shown to the contrary, the Special Magistrate shall declare the property a public nuisance and shall issue an order of abatement affirming the existence of the nuisance and requiring the owner of the property to abate the nuisance conditions within a reasonable time to be determined by the Special Magistrate in the Order and provide for abatement of the nuisance by City forces if such conditions are not corrected by the time determined by the Special Magistrate.

(c)

Such resolution or order to show cause shall:

i.

Identify the property at issue;

ii.

Identify the owner or owners of the property as ascertained by a reasonable search of the property appraiser's records or search of the public records;

iii.

Describe the condition or activity which may constitute a public nuisance;

iv.

Provide for a show cause hearing to be scheduled, with proper notice at which the owner(s) shall have the opportunity to present such evidence and or argument as to why said condition should not be by the Special Magistrate condemned as a nuisance and its abatement, removal, or destruction required;

v.

Include a statement providing that a failure to respond or appear at the hearing shall be deemed an admission of the existence of a public nuisance on the property at issue which may result in abatement of the nuisance by the City and levy of an assessment against the property pursuant to this chapter.

(d)

Notice of such hearing shall be made by serving the order to show cause upon the owner if able to be located within the City by the chief of police of the City, his designee, or process server in the manner as near as practicable to the manner in which a summons is served as provided by the laws of the State of Florida. In the event that it is determined that the owner is not available for service within the City, service shall be perfected by at least one of the following:

i.

Mailing, via registered or certified mail, a certified copy of the order to show cause at least ten (10) days prior to the date of the hearing, to the owner(s) and mortgagee(s) of record; or

ii.

Publication of the resolution and/or order to show cause. Such notice shall be published once for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in St. Lucie County. The last date of publication shall be at least one (1) day prior to the hearing. The newspaper shall meet such requirements as are prescribed under Chapter 50 of the Florida Statutes for legal and official advertisements; or

iii.

If the property is in foreclosure proceedings and the owner has not provided a forwarding address nor is participating in the foreclosure proceedings by filing an answer or has otherwise been unable to be served; service by certified mail to the owner(s) last address of record and service upon the bank or mortgage company of record in the foreclosure proceedings by certified mail shall be deemed sufficient notice.

(Ord. No. 14-46, § 1, 7-28-14)