What’s In Your Nuisance Abatement Ordinance?


When the proposed 7-member Nuisance Abatement Board Ordinance is debated Monday night, here are some of the details council members will be discussing.

Fines listed in the ordinance begin at $100 and can run as high as $15,000.

The Violations
– The unlawful sale or delivery of controlled substances
– A youth and street gang for the purpose of conducting a pattern of youth and street gang activity.
– Prostitution, or solicitation of prostitution.
– Illegal gambling
– Murder
– Attempted felony murder
– Aggravated battery with a deadly weapon
– Aggravated assault with a deadly weapon without intent to kill

The makeup of the 7 members:
– Each Councilmember shall appoint one member, and two members shall be appointed “at large”, collectively, by the Town Council.
– All board members must be residents of the town.
– One member may be a retired law enforcement officer who is not currently employed nor engaged in any law enforcement activities.
– One member may be a local attorney with a criminal prosecution or criminal defense background currently practicing law in Lee County and a member in good standing with the Florida Bar.
– One member may be a local attorney practicing law in any other area of the law, currently practicing in Lee County and a member in good standing with the Florida Bar.
– Four members of the general public, who possess outstanding reputations for civic pride, integrity, responsibility and business or professional ability who may be engaged in matters involving real property, banking, finance, social work, religious work, or other local matters, with an interest or any experience in abating public nuisances and who reflect the ethnic and cultural diversity of the community.

Any town resident can file a complaint. If the Nuisance Abatement Board finds that on more than two occasions, a place or premises violated any one of the items listed above, the Nuisance Abatement Board may find and declare the place or premises in question to be a public nuisance. Upon such declaration, the Nuisance Abatement Board may enter an order immediately prohibiting: The maintaining of the nuisance; The operating or maintaining of the place or premises; or The conduct, operation, or maintenance of any business or activity on the premises, which is conducive to such nuisance.

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