§ 11-94. Same—Conduct of hearings.

(a)

The chairman of the board shall schedule hearings of the board. Minutes shall be kept of all hearings and all hearings shall be open to the public. The clerk shall provide clerical support as may be reasonably required for proper performance of the board's duties.

(b)

The sheriff or his legal counsel, shall present cases before the board. The complaining party and the person complained against 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 present oral or written communications. If the board proposes to consider such material, then all parties shall be given an opportunity to cross examine, to challenge, or rebut it. Formal rules of evidence shall not apply but fundamental due process shall be observed and shall govern the proceedings. The board may consider evidence of the general reputation of the site complained of.

(c)

The lack of knowledge of or nonparticipation in the conduct of a public nuisance on the part of the owner or occupant shall not be a defense.

(d)

If the board declares a place or premises to be a public nuisance, as defined in section 11-90, it may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or it may enter an order immediately prohibiting:

(1)

The maintaining of the nuisance;

(2)

The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or

(3)

The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance.

(e)

If the order prohibits the operation or maintenance of the property, place or premises as provided in subsection (d)(2) above, then such order shall revoke the certificate of occupancy for such place or premises. If the order prohibits conduct, operation or maintenance of any business or activity on the property, place or premises then such order shall revoke the occupational license(s) for such businesses or activity. Such certificates and/or licenses may be reinstated only upon expiration of the order and upon application therefor.

(f)

An order entered under subsection (d) above shall expire one year after issuance or at such earlier time as stated in the order. The board may retain jurisdiction to modify its orders prior to the expiration of the orders.

(g)

Orders entered pursuant to subsections (d)(2) and (3) shall be forwarded to the code enforcement division which shall determine compliance therewith. All property, places or premises operated or maintained after an order has revoked a certificate of occupancy therefor, or any business or activity conducted or operated or maintained after an order has revoked the occupational license therefor, shall constitute a violation of a county ordinance punishable as provided by section 1-9 of the County Code, chapter 162 of the Florida Statutes, and chapter 2, article 5 of the Marion County Code.

(Ord. No. 91-11, § 1, 3-19-91)