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 Coral Springs
 Code of Ordinances
 Chapter 25. PUBLIC NUISANCES

  § 25-5. Hearing; issuance of order.  

Latest version.

  • (a)

    The city attorney shall present cases under this chapter before the board when he has reason to believe that a public nuisance as defined in this chapter exists on the place or premises complained of. All parties, including the owner of the place or premises, shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination and submit rebuttal evidence, and to be represented by counsel. When appropriate, the general public may be given an opportunity to present oral or written communications. If the board proposes to consider such material, then all parties shall be given an opportunity to cross examine, challenge, or rebut it. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. The board may consider evidence of the general reputation of the site complained of.

    (b)

    The lack of knowledge of or nonparticipation in the conduct of a public nuisance on the part of the owner or occupant shall not be a defense.

    (c)

    After considering all the evidence, the board shall have the power to declare the site complained of to be a public nuisance as defined in this chapter and may enter an order or orders:

    (1)

    Requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance;

    (2)

    Prohibiting:

    a.

    The maintaining of the nuisance;

    b.

    The operating or maintaining of the place or premises. The order may require the closure of the place or premises or any part thereof; or

    c.

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

    (3)

    Fining the property owner up to two hundred fifty dollars ($250.00) per day for each day that the board determines that a public nuisance as defined in this chapter was allowed to occur on the property and up to five hundred dollars ($500.00) per day for each recurring public nuisance. Total fines shall not exceed fifteen thousand dollars ($15,000.00); or

    (4)

    Assessing the property owner for the investigative fees, costs and attorney's fees associated with the investigation and hearings concerning the public nuisance.

(Ord. No. 2011-105, § 2, 7-5-11)