Fort Walton Beach Ordinance — 2182--Amending COO Section 5.05 Nuisance Abatement — reading text

chapter. b. Formal rules of evidence shall not apply at such hearings, and if the greater weijzht of the evidence introduced at an such hearing, establishes that the subject Rroperty is a ublic nuisance then the subject pKogdy qualifies for the nuisance abatement progTam. and the special magistrate shall enter an Order: L Declaring the place or premises to be a public nuisance,• ii. Establishing that the subject property qualifies for the City's Nuisance Abatement Program; iii. Permitting the city to move forward under this Chapter to either remove M items creating the nuisance to make all reasonable rqpairs to abate the nuisance or take an other necessaKy abatement measures that are rgquired to abate the nuisance-, and iv. Charging the violator with the costs of abating the nuisance. 5. 05.0405 Appeals. Any order entered pursuant to Section 5. 05. 04 shall be deemed final. An appeal of such order must be filed in the appropriate state court within thirty 30 days from the date of en Failure to timely file an apt7eal shall constitute a waiver of the right to appeal, rendering the order final and enforceable. 5. 05. 06 Abatement and Storage  a. Upon exl2iration of the appeals period specified in section 5. 05. 05 if no anpeal has been timely filed, the City Manager, their designee, or any contracted representative shall have the explicit authority to enter Won an property identified as subject to nuisance abatement under this Code. Such entry is authorized solely for the puMose of removing, terminatio mitigatingor otherwise abating the nuisance. All actions measures and decisions reasonabl related or incidental to such abatement activities— including,but not limited to enterin ro e removal or dis osal of property, conducting assessments and executing necessary remedial procedures— are expressly authorized under this ordinance. No gnuy or related activity authorized by this provision shall be deemed or construed as a civil or criminal trespass unlawful or otherwise unauthorized conduct under any applicable federal.. state or local en law. The CjV Manager, their desi nee contractors agents, and all em to ees or re resentatives en a ed in nuisance abatement activities pursuant to this provision shall enjoy absolute immunily from prosecution, claims liability, or damages of any, nature including but not limited to civil liability for propeLty damne, personal iniM, emotional distress or consequential or incidental damages. Furthermore by executing duties under this ordinance no representative of the cily shall be subject to civil or criminal penalties, disciplinm actions or adverse employment consequences for actions taken in good faith and within the scope of their lawful authority. This provision specifically asserts and invokes all rights, privileges, and immunities available to the city and its r resentatives under the doctrine of sovereign immunity as established by Florida law, and nothing herein shall constitute a waiver or limitation of such protections. b. All items removed by the city shall be catalogued, inventoried, andphotog[whed Won removal. C. Items requiring, titling or registration under Florida law shall be securely stored b the city for either: 1 a minimum period of thirty 30 days following removal from the subject roe or 2 the le,,,ally mandated period established by any applicable Florida Statute govemigg the disposal of such item, whichever is longer. d. Items removed with a non-scra fair market value exceeding $ 250. 00 shall be securely stored by the city for thirty (30 days after removal from the subject property. After this storage l2eriod, if unclaimed such items shall be disposed of at a landfill. e. Items determined to have a non -scrag fair market value of $250.00 or less shall be immediately hauled off by a contractor or transported to a landfill for disposal and will not be stored by the city. f. During the period any item is securely stored by the city, the item' s owner, won providing satisfactoly proof of ownership to the City Manager, or their designee. may request a hearing before the S ecial Magistrate seeking the item's release. At such hearing. the sole issue for determination shall be whether releasing the item from cijy custody would conflict with the abatement of the underlying nuisance that resulted in the city taking custody of the item in the first place. If the greater weight of evidence demonstrates that releasin the item will not lead to a recurrence or continuation of the public nuisance then the item shall be returned to its owner. g. Neither the City Manager, their designee, nor any a ents employees, contractors or representatives of the city shall be held liable for any actions, claims, demands, damages, costs losses or liabilities arising out of or related to the removal, stora a or disposal of an items pursuant to this ordinance.  The Gity Manager or- designee shall have the right to enter- upen real pr-epeAy, and be- immune & empr-eseoutien, eivil or- eri eupon ueh Fea4 propeFt in the SECTION 3. SEVERABILITY. In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application, and, to this end, the provisions of this Ordinance are declared severable. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: : jj- n._ - y , z -o a r Nicett , Attest: Approved a to legal fo and sufficiency for the Ci of F rtrjlValn Beach, only. y