West Palm Beach |
Code of Ordinances |
Chapter 26. CODE ENFORCEMENT |
Article IV. ABATEMENT OF NUISANCES |
Division 3. PROCEDURE |
§ 26-142. Conduct of hearings; orders.
(a)
The board shall adopt rules for the conduct of its hearings.
(b)
The city shall provide clerical and administrative personnel to the board as may be reasonably required for the proper performance of the board's duties. Minutes of hearings shall be promptly recorded and all hearings shall be open to the public.
(c)
The city attorney or his designee shall present complaints to the board. The board may consider any evidence, including evidence of the general reputation of the place or premises. The owner of the place or premises shall have an opportunity to present evidence in his defense.
(d)
If the board declares the premises, place or building to be a public nuisance, it may enter an order requiring the owner of such premises, place or building to adopt such procedure as may be appropriate under the circumstances to abate such nuisance, or it may enter an order immediately prohibiting:
(1)
The maintaining of the nuisance;
(2)
The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or
(3)
The conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance.
(e)
An order entered under subsection (d) of this section shall expire after one year or at earlier time as stated in the order.
(f)
An order entered under subsection (d) of this section may be enforced pursuant to the procedures contained in F.S. § 120.69. This subsection does not subject the city or the board created by the city to any other provisions of F.S. ch. 120.
(g)
The board may bring a complaint under F.S. § 60.05 seeking temporary and permanent injunctive relief against any public nuisance described in section 26-101.
(Code 1979, § 2-178.4)