Ordinance 87-2578 ORDINANCE NO. 87-2578
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, CREATING
CHAPTER 17D OF THE CITY CODE ENTITLED
"ABATEMENT OF NUISANCES" , ESTABLISHING THE
NUISANCE ABATEMENT BOARD OF THE CITY OF MIAMI
BEACH TO HEAR COMPLAINTS AND EVIDENCE
REGARDING DRUG-RELATED NUISANCES ON PREMISES
LOCATED IN MIAMI BEACH, TO DECLARE SAID
PREMISES PUBLIC NUISANCES, TO ENTER ORDERS
PROHIBITING THE MAINTENANCE OF SAID
NUISANCES, AND THE OPERATION OF SAID PREMISES
AND TO BRING SUIT FOR PERMANENT INJUNCTION
AGAINST SAID NUISANCES; AUTHORIZING THE CITY
ATTORNEY OR ANY CITIZEN OF THE CITY OF MIAMI
BEACH TO SUE IN THE NAME OF THE STATE TO
ENJOIN ANY NUISANCE AS DEFINED IN SECTION
823 . 05 OF THE FLORIDA STATUTES, THE PERSONS
MAINTAINING IT, AND THE OWNER OR AGENT OF THE
BUILDING OR GROUND ON WHICH THE NUISANCE
EXISTS ; PROVIDING FOR SEVERABILITY; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Legislature has stated that Florida is
facing a crisis of dramatic proportions due to the rapidly
increasing crime rate related to drug and substance abuse;
WHEREAS, the Florida Legislature has enacted the "Crime
Prevention and Control Act, " Laws of Florida, Chapter 87-243 ,
authorizing municipalities to create administrative boards to
abate drug-related nuisances in their communities and authorizing
citizens and city attorneys to bring suit in the name of the
state to enjoin nuisances; and
WHEREAS, the Miami Beach City Commission is concerned about
the proliferation of public nuisances on premises located in
Miami Beach and wishes to abate said nuisances.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Chapter 17D of the code of the City of Miami
Beach, Florida is hereby created as follows:
MIAMI BEACH CITY CODE
CHAPTER 17D
ABATEMENT OF NUISANCES
Sec. 17D-1. Definitions.
Sec. 17D-2 . Nuisance Abatement Board, organization.
Sec. 17D-3 . Operating procedures.
Sec. 17D-4 . Conduct of hearings.
Sec. 17D-5. Appeals.
Sec. 17D-6. Enjoining of Nuisances.
Sec. 17D-7 . Rights preserved.
Sec. 17D-1. Definitions.
a) Public nuisance. Any place or premises within the City of
Miami Beach which has been used on more than two occasions as the
site of the unlawful sale or delivery of controlled substances as
defined in Chapter 893 of the Florida Statutes.
b) Board. The Nuisance Abatement Board of the City of Miami
Beach.
c) City attorney. The legal counselor for the City of Miami
Beach or such assistant city attorney as may from time to time be
designated.
d) Clerk. Person appointed by the local governing body of the
City of Miami Beach to perform the clerical duties necessary to
carry out the activities of the Nuisance Abatement Board.
e) Operator. Tenant, lessee or person having control or
possession of the premises.
Sec. 17D-2. Nuisance Abatement Board; organization.
a) There is hereby created and established a Nuisance Abatement
Board to hear evidence relating to the existence of drug-related
Public Nuisances on premises located in the City of Miami Beach,
Florida. Said Board shall consist of five (5) members appointed
by a majority vote of the City Commission, for two year terms,
except as set forth herein at (b) . Members of the Nuisance
Abatement Board shall be persons who reside or maintain a
business establishment in the City of Miami Beach. Membership on
the Board shall include one representative from each of the
following areas of Miami Beach: 1) south of twenty-second
street, 2) twenty-second street to fifty-fifth street, and 3)
fifty-fifth street to eighty-seventh terrace. The Chairman of the
Board shall be an attorney duly licensed by the State of Florida
with trial experience.
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b) The initial appointments to the Nuisance Abatement Board
shall be as follows:
(1) Two members appointed for a term of two years; and
(2) Two members and the Chairman appointed for a term of
one year.
Upon expiration of initial terms, subsequent appointments
for two years shall be made. Any member may be reappointed by
the City Commission for not more than three (3) consecutive
terms. Appointments to fill a vacancy shall be for the remainder
of the unexpired term. Any member who fails to attend two of
three successive meetings without cause and without prior
approval of the chairman shall automatically forfeit his
appointment, and the City Commission shall promptly fill such
vacancy for the remainder of the term.
c) The presence of three or more members shall constitute a
quorum. Members shall serve without compensation but may be
reimbursed for such travel, mileage, and per diem expenses as may
be authorized by the city manager.
Sec. 17D-3. Operating procedures.
a) Any employee, officer or resident of Dade County or of the
City of Miami Beach may file a complaint and request for
prosecution with the City Attorney regarding the existence on
premises located in Miami Beach of a Public Nuisance as defined
in Section 17D-1 after first giving not less than 3 days written
notice of such complaint to the owner of the place or premises
complained of at his last known address.
b) The City Attorney, when he has received the aforesaid
complaint and request for prosecution and has reason to believe
that a Public Nuisance as defined in Section 17D-1 exists on the
premises complained of located in the City of Miami Beach and
that the aforesaid written notice has been duly sent to the owner
of the premises, shall promptly request a hearing before the
Nuisance Abatement Board.
3
c) Service. The Nuisance Abatement Board, through its Clerk,
shall schedule a hearing, and written notice of said hearing
shall be sent by certified mail or hand delivered to the owner
and operator(s) of the premises complained of at their last known
addresses at least 14 days prior to the scheduled hearing. If an
attempt to reach the owner and operator(s) by hand delivery or
certified mail is unsuccessful, notice of the hearing may be by
publication as provided in Chapter 49 of the Florida Statutes.
d) The aforesaid notice of hearing shall include:
(1) A statement of the time, place and nature of the
hearing;
(2) A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(3) A reference to the particular sections of the statutes
and ordinances involved;
(4) A short and plain statement summarizing the incidents
complained of.
Sec. 17D-4. Conduct of hearings.
(a) The chairman of the Board may call hearings of the Board.
Hearings may also be called by written notice signed by at least
three members of the Board. The Board, at a hearing, may set a
future hearing date. The Board shall attempt to convene no less
frequently than once every month but may meet more or less often
as the demand necessitates. The Board shall adopt rules for the
conduct of its hearing. Minutes shall be kept of all hearings
and all hearings shall be open to the public. The City shall
provide clerical and administrative personnel as may be
reasonably required for the proper performance of the Board' s
duties.
b) The City Attorney shall present cases before the Board. All
parties 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
4
present oral or written communications. If the agency proposes
to consider such material, then all parties shall be given an
opportunity to cross-examine or challenge or rebut it. The Board
may consider any evidence, including evidence of the general
reputation of the place or premises. All testimony shall be
under oath and shall be recorded. Formal rules of evidence shall
not apply, but fundamental due process shall be observed and
shall govern the proceedings. Orders of the Board shall be based
on competent and substantial evidence.
c) After considering all evidence, the Board may declare the
place or premises to be a Public Nuisance as defined in Section
17D-1 and may enter an order immediately prohibiting:
(1) The maintaining of the nuisance;
(2) The operating or maintaining of the place or premises;
or
(3) The conduct, operation, or maintenance of any business
or activity on the premises which is conducive to such
nuisance.
All orders of the Board shall be by motion approved by a
majority of those members present and voting, except that at
least three (3) members of the Board must vote in order for the
action to be official .
d) An order entered under subsection (c) shall expire after one
year or at such earlier time as stated in the order. The Board
may retain jurisdiction to modify its orders prior to the
expiration of said orders.
e) The Board may bring a complaint under Section 60. 05 of the
Florida Statutes, seeking a permanent injunction against any
Public Nuisance.
Sec. 17D-5. Appeals.
An aggrieved party, including the city administration, may
appeal a final administrative order of the Nuisance Abatement
Board to the circuit court of the Eleventh Judicial Circuit.
Such an appeal shall not be a hearing de novo but shall be
5
limited to appellate review of the record created before the
Board. An appeal shall be filed within thirty days of the date
of the written order appealed from.
Sec. 17D-6. Enjoining of Nuisances.
When any nuisance as defined in Section 823 . 05 of the
Florida Statutes exists, the City Attorney or any citizen of the
county may sue in the name of the state on his relation to enjoin
the nuisance, the person or persons maintaining it, and the owner
or agent of the building or ground on which the nuisance exists.
Sec. 17D-7. Rights preserved.
This chapter does not restrict the right of any person to
proceed under Section 60. 05 of the Florida Statues, against any
Public Nuisance.
SECTION 2: SEVERABILITY
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 3: REPEALER
That all Ordinances or parts of Ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 4: EFFECTIVE DATE
This Ordinance shall take effect on October 1, 1987 .
PASSED and ADOPTED this 16th day of ,33' -mbe , 1987 .
I .. 11
ATTEST:
ALLgat
C 1Y CLERK
1st Reading - September 2, 1987
2nd Reading - September 16, 1987
FORM APPROVED:
LEGAL DEPARTMENT
SWS/bcg
ref. Nuisance.ORN
8/87
6
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F.S.1965 ~ F.S. 1985 PUBLIC NUISANCES Ch. 823
CHAPTER 823
PUBLIC NUISANCES •
•
gage or mort. 823.01 Nuisances; penalty. 775.084.
not,and of the 823.02 Building bonfires. History.—s 1,ch 4351,1895;GS 3692 RGS 5637,CGL 7830,s 935.ch 71.136.
66be guilty of a 823.04 Animals suffering from disease or pests. $ `H '4383 s 1,ch 75 2x,s 41,ch 75298 s 4,ch 8472
shable as pro- 823.041 Disposal of bodies of dead animals; penalty. 823.041 Disposal of bodies of dead animals;penal-
823.05 Places declared a nuisance; may be abated V.-
38.ch 71-136 and enjoined. (1) Any owner,custodian,or person in charge of do-
iond the limits Doors of public buildings to open outward. mestic animals, upon the death of such animals due to
ltd without the 823.07 Iceboxes, refrigerators, deep-freeze lockers, disease, shall dispose of the carcasses of such animals
1 a lien thereon, clothes washers,clothes dryers,or airtight by burning or burying at least 2 feet below the surface •
units; abandonment, discard.
eive or remove 823.08 Iceboxes, refrigerators, deep-freeze lockers, of the ground;provided,however,nothing in this section
of the county, clothes washers, clothes dryers, or similar shall prohibit the disposal of such animal carcasses to
n from the own- rendering companies licensed to do business in this
airtight units abandoned or discarded; at- state.
and whoever tractive nuisance.
tstruct,delay or (2) It is unlawful to dispose of the carcass of any do
823.09 Violation of s. 823.07; penalty.
s rights against mestic animal by dumping such carcass on any public
a misdemeanor 823.10 Place where controlled substances are ille- road or right-of-way,or in any place where such carcass
Bally kept, sold, or used declared a public
ed in s.775.082 can be devoured bybeast or bird.
nuisance.
(3) Any person violating any of the provisions of this
93.GS 3357,RGs5201. 823.11 Abandoned and derelict vessels, removal; section shall be guilty of a misdemeanor of the second
si-
penalty. degree, punishable as provided in s. 775.082 or s.
823.12 Smoking in elevators unlawful; penalty. 775.083.
store debt due. 823.13 Places where obscene materials are illegally (4) For the purposes of this act,the words"domestic
.urity deposited kept, sold, or used declared a public nui- animal"shall include any equine or bovine animal, goat,
ich may be due sance; drive-in theaters, films visible from sheep, swine, dog, cat, poultry, or other domesticated
disposes of the public streets or public places. beast or bird. A
'Comes due and 823.14 Florida Right to Farm Act. History.—as.1,2,3,4,ch 61-359.s 936,ch.71.136.s.66,ch 74-383.a 1,ch.
e person depos- 823.15 Dogs and cats released from animal shelters 75-24.s 41,ch 75-298_
demeanor of the or animal control agencies; sterilization re-
t S. 775.082 or s. quirement. 823.05 Places declared a nuisance;may be abated
and enjoined.—Whoever shall erect, establish, contin-
;5205,CGL 7319,s 896. 823.01 Nuisances; penalty.—All nuisances which ue, or maintain, own or lease any building, booth, tent
tend to annoy the community or injure the health of the or place which tends to annoy the community or injure
under contractor citizens in general, or to corrupt the public morals, are the health of the community,or become manifestly injuri-
misdemeanors of the second degree,punishable as pro ous to the morals or manners of the people as described
vided in s. 775.083. in s. 823.01, or shall be frequented bythe class of er-
nn of any personal q P
fran or condi- May--s-47,Feb_10,1832;RS 2704,GS 3680;RGS 5624;CGL 7817;s.932, sons mentioned in s. 856 02, or any house or place of
di.71-136.s.32,ch 73334,s.66,ch 74-383,s.1,ch.75-24:s.41,ch.75-298,s
to said personal - U. 83-21460.05 Abatement of nuisances prostitution, assignation, lewdness or place or building
or, shall sell,con- ch 386 Nuisances injurious to health. where games of chance are engaged in violation of law
oerty without first _ a 53306 Nuisances escape of mine waste«debris
or any place where any law of the state is violated,shall
on then having a be deemed guilty of maintaining a nuisance, and the
rsonal property so 823.02 Building bonfires.—Whoever is concerned building,erection,place,tent or booth and the furniture,
in causing or making a bonfire within 10 rods of any fixtures and contents are declared a nuisance. All such 1
ne. house or building shall be guiltyof a misdemeanor of the places or persons shall be abated or en oined as rovid-
the provisions of second degree, punishable asprovided in S. 775.082 or ed in ss. 60.05 and 60.06. 1 p
a misdemeanor s 775-083. History--s.1,ch 7367.1917;RGS 5639,CGL 7832;s.24,ch.57-1;s.66,ch.
tided in S.775.082 74383.s 1.ch.75-24.s.41,ch.75-298.
History.—s.12,ch.1637.1868;RS 2705,GS 3681;RGS 5625:CGL 7818,s 933. cf.—s.6005 Abatement of nuisances
ah 71-136.s.66.ch.74-383;s.1,ch 75-24,s.41,ch.75-298
s 891 ch 71 136 ch 386 Nuisances incurious to health
ch.796 Prostitution.
623.04 Animals suffering from disease or pests.—
_ A is unlawful for any person to bring into this state or to 823.06 Doors of public buildings to open outward.
-offer for sale herein any horses, mules, cattle, hogs, or —All buildings erected in this state for theatrical,operat- •
other domestic animals, knowing at the time of such in- ic, or other public entertainments of whatsoever kind
- troduction or offering for sale of any such animals that shall be so constructed that the shutters to all entrances
they are suffering from contagious or infectious disease to said building shall open outwardly and be so arranged
or any pests declared by rule of the Department of Agri- as to readily allow any person inside said building to es-
culture and Consumer Services to be a public nuisance cape therefrom in case of fire or other accident. Any
and to be dangerous,transmissible,or a threat to the ag- owner,manager, lessee, or other person having charge
ticultural interest of the state. Any person convicted of of any public building for the use expressed herein who
Such offense is guilty of a felony of the third degree,pun- fails to comply with the provisions of this section shall
fishable as provided in s. 775.082, s. 775.083, or s. be guilty of a felony of the third degree, punishable as
I.
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