§ 42-81. Filing and processing of complaints; notice of complaint.

(a)

Any employee, officer or resident of the city, or owner of property within the city, may file a complaint and request for prosecution with the city attorney regarding the existence of a public nuisance as defined in section 42-41 on any place or premises located within the city.

(b)

The city attorney, when he has received such a complaint and request for prosecution and has reason to believe that a public nuisance as defined in section 42-41 exists on the place or premises complained of, shall promptly request a hearing before the nuisance abatement board.

(c)

The board, through its clerk, shall schedule a hearing.

(d)

The clerk shall give at least three days' written notice of the complaint and of the hearing to the owner of the place or premises as disclosed by the public records of the county, and to any person actually known by the board to be occupying the place or premises.

(1)

The written notice shall be deemed complete if personally delivered, and if it cannot be delivered personally, then service may be completed in accordance with the provisions of Rule 7.070 of the Small Claims Rules, including registered mail.

(2)

If an attempt to serve notice upon an owner or occupant by hand delivery or registered mail is unsuccessful, notice may be by publication as provided in F.S. ch. 49.

(3)

Notice shall include:

a.

A statement of the time, place and nature of the hearing;

b.

The nature of the legal authority and jurisdiction upon which the hearing is to be held;

c.

A reference to the particular sections of the statutes and ordinances it would involve; and

d.

A short and plain statement summarizing the incidents complained of.

(Code 1985, § 13-35; Ord. No. 2045, § I, 12-13-88; Ord. No. 2772, § 8, 8-19-97)