§ 11-92. Same—Operating procedures regarding complaints.

(a)

Any employee, officer, or resident of the county, or owner of property within the county, may file a complaint and request for prosecution with the sheriff regarding the existence of a public nuisance as defined in section 11-90 on any property or premises located within the county.

(b)

The sheriff shall review the complaint and request for prosecution to determine whether or not a public nuisance as defined in section 11-90 exists on the property or premises described in the complaint. If the sheriff finds from the information submitted to him that a prima facie case is stated for abatement of a drug-related public nuisance, he shall forward the complaint to the board and request the clerk to place the complaint on the agenda of the board.

(c)

The board shall schedule a hearing, and written notice of the hearing shall be sent by certified mail or by personal service to the owner, and if appropriate, to the operator, of the place or premises complained of at least fourteen (14) days prior to the scheduled hearing. If an attempt to reach the owner or operator by personal service or certified mail is unsuccessful, notice of the hearing shall be published in accordance with chapter 49 of the Florida Statutes once each week for two (2) consecutive weeks in a newspaper of general circulation in the county, with the final publication being at least two (2) weeks prior to the hearing.

(d)

The 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 description of the property, place or premises involved;

(5)

A short and plain statement summarizing the allegations against the owners and operators of the property, place or premises; and

(6)

The declarations that may be made and penalties that may be imposed by the board.

(Ord. No. 91-11, § 1, 3-19-91)