§ 26-4. Declaration of public nuisance.

For the purpose of this section, a public nuisance is described in F.S. § 823.05 as: Whoever shall erect, establish, continue, or maintain, own or lease any building, booth, tent or place which tends to annoy the community or injure the health of the community, or become manifestly injurious to the morals or manners of the people as described in F.S. § 823.01, or any house or place of prostitution, assignation, lewdness or place or building where games of chance are engaged in violation of law or any place where any law of the state is violated, shall be deemed guilty of maintaining a nuisance, and the building, erection, place, tent or booth and the furniture, fixtures and contents are declared a nuisance. All such places or persons shall be abated or enjoined as provided in F.S. §§ 60.05 and 60.06. For the purpose of this section, the following are also declared to be public nuisances: Any structure or portion thereof, as defined in F.S. § 810.011, or any piece, parcel, tract, or plot of land or portion thereof, which has been used:

(1)

On more than two occasions within a six-month period as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the provisions of F.S. ch. 893, or any federal narcotics law has been made within 30 days, prior to the issuance of notice, in accordance with this chapter;

(2)

On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance;

(3)

On more than two occasions within a six-month period as the site of a violation of F.S. ch. 796, relating to prostitution and prostitution-related activity. It shall be prima facie evidence that violations are occurring where an arrest for a violation of any of the unlawful activities set forth in F.S. ch. 796, has been made within 30 days, prior to the issuance of notice, in accordance with this chapter;

(4)

On more than two occasions within a six-month period by a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03; and

(5)

On more than two occasions within a six-month period as the site of a violation of F.S. § 812.019 relating to dealing in stolen property.

(Ord. No. 2007-34, § 4, 10-23-2007)