§ 42-83. Enforcement of orders.

(a)

Posting and service of order. A copy of the order of the nuisance abatement board issued in accordance with section 42-82(c) shall be posted prominently at the structure or on the place or premises where a public nuisance exists or is occurring in violation of the law. A copy of the order shall also be mailed to the owner and occupant within one business day of the posting.

(b)

Enforcement by police. Five business days after the posting of the order issued according to subsection (a) of this section, law enforcement officers of the city police department are authorized to act upon and enforce such orders.

(c)

Duration of effect of orders. Where the board issues an order pursuant to section 42-82(c), such order shall be in effect for such period as the board may direct, but in no event shall the order be for a period of more than one year from the posting of the order pursuant to this section. The board shall have continuing jurisdiction over any place or premises that has been or is declared to be a public nuisance for one year.

(d)

Vacation or modification of order. If the owner or occupant shall:

(1)

File a bond in an amount determined by the board, which shall not exceed the value of the property subject to the order; or

(2)

Submit proof satisfactory to the board that the nuisance has been abated and will not be recreated, maintained or permitted; then the board may vacate or modify the provisions of its order, but nothing contained in this subsection shall be construed as compelling such vacating or modification.

(e)

Additional enforcement procedure. An order of the board may be enforced pursuant to the procedure contained in F.S. § 120.69.

(f)

Injunctive relief. The board may bring a complaint under F.S. § 60.05 seeking temporary and permanent injunctive relief against any nuisance described in section 42-41.

(g)

Implementation of order does not constitute act of possession. The implementation of an order of the board shall not constitute an act of possession, ownership or control by the city of the place or premises subject to the order.

(h)

Any order entered by the board, including an order assessing a fine or for the payment of investigative fees, attorney's fees and costs may be recorded in the public records. Any such recorded order assessing a fine or for the payment of investigative fees, attorney's fees and costs shall constitute a lien on the property that is the subject of the order. The lien may be foreclosed and sold to satisfy the lien. The city shall also be entitled to the attorney's fees and costs of any foreclosure.

(i)

Remedies cumulative. Neither the pursuit of any remedy under this article, nor the entry or enforcement of any order by the board, shall preclude the city from pursuing any other remedies, including, without limitation, proceedings before the code enforcement board or special magistrate.

(Code 1985, § 13-37; Ord. No. 2045, § I, 12-13-88; Ord. No. 2772, § 10, 8-19-97; Ord. No. 3097, § 3, 10-9-00; Ord. No. 2010-13, § 12, 12-1-09)