§ 135.40. CONDUCT OF HEARINGS.

(A)

The Chairman of the Board may call hearings of the Board. Hearings may also be called by written notice signed by at least three (3) members of the Board. The Board, at a hearing, may set a future hearing date. The Board shall attempt to convene no less frequently than once every month but may meet more or less often as the demand necessitates. The Board shall adopt rules for the conduct of its hearings. Minutes shall be kept of all hearings, and all hearings shall be open to the public. The Board shall have the power to subpoena owners, witnesses and evidence to hearings. The City shall provide clerical and administrative personnel as may be reasonably required for the proper performance of the Board's duties.

(B)

The Police Legal Advisor shall present cases before the Board. All parties shall have an opportunity to present evidence and argument on all issues involved, to conduct cross examination, to 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. The Board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the Board shall be based on competent and substantial evidence, and any finding that a nuisance exists must be based on a "preponderance of the evidence" standard.

(C)

The concurring votes of at least three (3) Board members are required in order to approve any Board order concerning the abatement of a public nuisance except that the concurring votes of at least four (4) Board members are required in order to approve any Board order that involves Board action described in Subsection 135.40(D)(2) or (3).

(D)

After considering all evidence, the Board may declare the place or premises to be a public nuisance as defined in Section 135.10 and may enter an order as follows:

(1)

Immediately prohibiting the maintaining of the nuisance;

(2)

Immediately prohibiting the operating or maintaining of the place or premises including the closure of the place or premises or any part thereof;

(3)

Immediately prohibiting the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance; or

(4)

Requiring the owner of such place or premises declared to be a public nuisance to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance.

All other orders of the Board shall be by motion approved by a majority of those members present and voting, at a meeting of which a quorum is present.

(E)

An order entered under subsection (D) shall expire after one year, 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.

(F)

The City Police Department shall assist the Board in carrying out any legally authorized order rendered pursuant to this Chapter.

(G)

An order entered under Subsection (D) may be enforced pursuant to the procedures contained in F.S. Section 120.69. However this Subsection does not subject the City or the Board to any other provision of Chapter 120.

(H)

In the event that orders of the Board expire and/or are not complied with, or are for any reason ineffective, the Board may then bring a complaint under F.S. Section 60.05, seeking temporary and permanent injunctive relief against any public nuisance described in City of Delray Beach Code Section 135.10. An order entered hereunder may be enforced pursuant to the procedures contained in F.S. Section 120.69.

(I)

A certified copy of a Nuisance Abatement Board order may be recorded in the public records of the County and shall constitute notice to any subsequent purchasers, successors in interest or assigns if the violation concerns real property and the finding therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest or assigns. If an order is recorded in the public records of Palm Beach County pursuant to this Subsection and the order is complied with by the date specified in the order, the Nuisance Abatement Board shall issue an order acknowledging compliance that shall be recorded in the public records.

(J)

If the city prevails in prosecuting a case before the Nuisance Abatement Board, it shall be entitled to recover all costs, including reasonable attorney's fees, incurred in investigating and prosecuting the case at hearings before the Board or on appeal.

(Ord. No. 59-96, 1-21-97; Ord. No. 53-97, passed 1/6/98; Ord. No. 4-05, § 2, passed 2/1/05)