Nuisance Abatement

NUISANCE ABATEMENT ORDINANCE

What is the Nuisance Abatement Ordinance?

The intent of the Nuisance Abatement Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the City of Gainesville. The ordinance creates an administrative board with authority to impose administrative fines and other non-criminal penalties to provide an equitable, expeditious, effective and inexpensive method of controlling illegal drugs, prostitution, criminal street gangs and stolen property related nuisances.

What is the Nuisance Abatement Board?

This is an administrative board that can impose fines and other non-criminal penalties on property owners for the activities that occur on their property which constitute a public nuisance. Violations of the Nuisance Abatement Ordinance are not criminal, and will not result in arrests, but are an addition to the criminal actions that will be taken.

What Activities Warrant Referral?

These are the incidents that warrant referral to the Nuisance Abatement Board:

	Incidents on more than two different occasions within a six-month period of selling, delivering or making controlled substances
	Incidents of possessing a controlled substance that is defined by Florida Statutes as a felony, and more than one occasion of selling, delivering or making a controlled substance
	Incidents on more than two occasions within a six-month period of violating Florida Statutes 796 relating to prostitution
	Incidents on more than two occasions within a six-month period conducting a pattern of criminal street gang activity as defined by Florida Statutes 874.03
	Incidents on more than two occasions within a six-month period as the site of a violation of Florida Statutes 812.019 relating to dealing in stolen property

What Happens When a Violation Occurs?

When violations of the Nuisance Ordinance occur, the Gainesville Police Department’s Records Division will make note of the address. This information will be passed along to District Commanders who will then prioritize the violations and bring them before the Nuisance Abatement Board as appropriate. The Board will hear each case on an individual basis and render a decision as to additional civil penalties and/or fines that may be imposed.

What Civil Penalties Can Be Imposed?

If the Board decides that a public nuisance does exist, they may order the owner of the property to control the nuisance or activity that is causing the nuisance. This order may be effective for one year. If during that year the nuisance is not stopped, the Board may revisit the issue to see if stiffer remedies, including up to closure of the premises, are warranted. In addition to the abatement order, the Board may assess fines not to exceed $250 per day per occurrence, and not to exceed $500 per day for recurring public nuisances. These fines, if left unpaid, become liens on the nuisance property.

Who Will Enforce the Ordinance?

The City Attorney, who may take cases of disobedience before the circuit court, will have the authority to enforce the Nuisance Abatement Ordinances.

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