§ 42-37. Judicial review.

(a)

Within 30 days of the entry of an order by the board of county commissioners under this article, any person aggrieved may seek judicial review of the board decision by appropriate action in the circuit court of the county.

(b)

It is declared by the board of county commissioners that the intent of this article is to provide a mechanism for the review of public nuisances. Consequently, the procedures set forth in this article constitute administrative remedies available to those persons who are adversely affected by the maintenance of a public nuisance. Any person filing a complaint alleging the existence of a public nuisance shall, therefore, have been deemed to have made an election of remedies which shall preclude any judicial action against the board of county commissioners should the board of county commissioners, the county administrator or his designee determine that no public nuisance is being maintained or that no public nuisance exists.

(c)

The issuance of an abatement order by the board of county commissioners shall constitute prima facie evidence that a public nuisance exists or is being maintained by the respondent upon whom the order has been imposed. Such an abatement order may be utilized by any person seeking a judicial abatement of a nuisance in accordance with F.S. § 60.05.

(Code 1970, § 16¾-56; Ord. No. 80-31, § 12, 11-4-80)