§ 42-33. Abatement order.  


Latest version.
  • As part of its written decision that a public nuisance exists, the board of county commissioners may order one or more of the following remedies as a means of abating the public nuisance:

    (1)

    Upon a determination by the board of county commissioners that certain measures or activities would abate the nuisance and upon agreement by the respondent to take such measures or engage in such activities, the board of county commissioners may decline to take further action for a specified period of time to be set by the board of county commissioners. Within that time period, the respondent shall rectify the public nuisance condition or use by completing the measures agreed to or engaging in the activity agreed to with the board of county commissioners. If, at the expiration of the time period, the measures are not completed or the activity has not been engaged in by the respondent, the board of county commissioners may, at its next regularly scheduled meeting, after notifying the respondent at least five days in advance of such meeting, take further action in accordance with subsections (2) through (7) of this section.

    (2)

    If the nuisance arises from the operation of a business or occupation of the respondent, the board of county commissioners may order the revocation of the respondent's occupational license for the operation of such business.

    (3)

    The board of county commissioners may impose conditions or restrictions on the continued use of the property in a manner which would alleviate or abate the public nuisance existing on the premises.

    (4)

    The board of county commissioners may order the suspension of the business or activity giving rise to the public nuisance on the site or premises for periods of up to six months, while simultaneously ordering the correction or elimination of the conditions or use giving rise to the public nuisance, subject to section 42-34.

    (5)

    The board of county commissioners may request the state attorney or state attorney general to seek judicial relief for the abatement of the public nuisance pursuant to F.S. § 60.05.

    (6)

    The board of county commissioners may order the abatement of the public nuisance by specifying the steps or measures which must be taken by the respondent to abate the nuisance. Such an order may also require the respondent to cease and desist from maintaining the use or conditions giving rise to the public nuisance.

    (7)

    The board of county commissioners may direct the county attorney to seek appropriate judicial relief for the abatement of the public nuisance.

(Code 1970, § 16¾-52; Ord. No. 80-31, § 8, 11-4-80)