§ 14-528. Complaint process.

(a)

Any employee, officer or resident of the city may file a complaint with the nuisance abatement board with regard to nuisances as defined in section 14-450. No member of the board may file a complaint with the nuisance abatement board. All complaints shall be filed with the clerk of the nuisance abatement board.

(b)

Upon receipt of a complaint, the same shall be investigated by the police department to verify the allegations in the complaint and to gather supporting police reports and documentation. If a complaint is substantiated, the complaint, along with all supporting police reports and documentation, shall be submitted to the city attorney or his/her designee to determine whether the case meets the requirements of law.

(c)

Upon notification by the city attorney's office that a complaint meets the requirements of law, the clerk shall schedule a hearing for each complaint.

(d)

The clerk shall give written notice of every hearing by certified mail to the address listed on file with the property appraiser's office, or hand delivery to the owner and operator at the last known address at least ten days prior to the scheduled hearing. If an attempt to reach an owner or operator by certified mail or hand delivery is unsuccessful, notice of the hearing may be by publication as provided in F.S. ch. 49. Notice shall include the following:

(1)

The time, date, place and nature of the hearing;

(2)

A reference to this article;

(3)

A short and plain statement summarizing the incidents, which form the basis of the complaint;

(4)

A statement that "failure to attend may result in an order being issued adverse to your interests";

(5)

A statement that all parties may be represented by counsel;

(6)

A statement that all parties shall be given an opportunity to present evidence in support of their position, submit rebuttal evidence, and conduct cross-examination; and

(7)

A conspicuous statement reflecting the requirements of F.S. ch. 286 that a person deciding to appeal any decision of the board will need to ensure that a verbatim record of the proceedings is made.

(e)

Meetings of the nuisance abatement board shall be open to the public, and minutes shall be kept.

(Ord. No. 2009-14-186, § 6A, 6-24-2009)