§ 10.06.02. Abatement by county.

A.

Conditions precedent. Following citation or appearance before the code enforcement board, and expiration of the time allowed for the abatement of the nuisance, should the director of planning and development determine that the subject object or condition remains a nuisance which constitutes a significant threat to the public health, safety or welfare, he shall send a pre-abatement notice to the owner of the property on which the nuisance exists in the manner utilized by the clerk of the circuit court in advising of an application for an ad valorem tax sale, that the nuisance is subject to being abated by the county at the owner's expense. Should the owner fail as such, that the owner has failed to abate the nuisance within the time allowed in the notice, allowed time, or that after diligent search and inquiry the effort on the part of the director to contact the owner has failed, the director may abate the nuisance. The director, through his agents or authorized contractors, is authorized to enter upon the lot and take such steps as are reasonably necessary to effect abatement. Where the nuisance is located in whole or part upon public property and it is readily apparent that the owners or occupiers of adjacent private property have caused the nuisance, the assessment and lien described in this part shall be place against such adjoining private property. Where the nuisance is located in whole or part upon public property and it is not readily apparent that the owners or occupiers of adjacent private property have caused the nuisance, the cost of abatement together with the administrative and operating expense, interest and a reasonable attorney's fee may be recovered from those responsible for the nuisance by means of a civil action in a court of competent jurisdiction.

B.

Abatement without notice. Should the director of planning and development determine that the nuisance constitutes an immediate threat to the public health, safety or welfare, the nuisance may be abated by the county prior to notice, citation or disposition by the code enforcement board. In all cases, nuisances existing on public property may be abated without notice.

C.

Assessment of costs. As soon after such abatement as feasible, the cost, plus an amount equal to such cost to defray administrative and operating expenses for abating the nuisance on each lot, shall be calculated and reported by the director to the board of county commissioners. Such additional charges are hereby declared to be necessary for the purpose of inspection, administration and enforcement of this article. Thereupon, the board of county commissioners, by resolution, shall levy a special assessment lien on the property subject to the abatement in the amount of such cost plus administrative expense against such lot. Such resolution shall describe the lot property and show the total cost assessed. Until payment is competed, such assessments shall be a legal, valid and binding obligation and lien upon the property. The assessment shall become due and payable to the county as of the date of the resolution and shall bear interest from that time at the statutory rate in effect on the date of the resolution as determined by the Florida Secretary of State.

D.

Notice of resolution. The director shall mail a copy of the resolution to the record owner of each parcel described in the resolution, by certified mail, return receipt requested, to the address indicated on the most recent tax roll for such owner unless a more recent address is revealed in preparing the pre-abatement notice required in this article.

E.

Recording of resolution/lien. As soon as possible after the assessment has been made by the resolution of the board of county commissioners, a certified copy of the resolution shall be recorded in the official records of the county in the office of the clerk of the circuit court and shall thereafter be considered a lien on the real property described in the assessment.

F.

Effect of lien. The lien, together with interest thereon and a reasonable attorney's fee, may be enforced by civil action, including foreclosure in the appropriate court of the county. The liens created by this section shall be a first lien equal in dignity and priority to a lien for non payment of property taxes on the real property described in the assessment and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure.

(Ord. No. 2008-02, § 5(Exh. E), 5-22-08)