250

Date: 04/25/05 Revision: 09/20/11 Reviewed: 12/02/24 HILLSBOROUGH COUNTY SHERIFF’S OFFICE CHAD CHRONISTER , SHERIFF STANDARD OPERATING PROCED URE Number: GEN 567.02 Page: 1 of 3 SUBJECT: NUISANCE ABATEMENT BOARD I. PURPOSE : The purpose of this standard operating procedure is to define guidelines for use of the Hillsborough County Public Nuisance Abatement Ordinance. II. SCOPE : This procedure shall apply to all Sheriff's Office personnel. III. DISCUSSION : Hillsborough County Ordinanc e, 10-24 and Florida Statute 893.138 provide for dealing wit h public nuisance properties. Sheriff’s Deputies and any employee, officer or resident of the county has the authority to bring properties before the Hillsborough County Nuisance Abatement Board. The Nuisance Abatement Board hears cases involving property which has certain criminal activity occurring thereon . It has the power to declare such properties a public nuisance; to enter orders prohibiting the maintenance of the nuisance; and assess fin es up to $250 per day and up to $500 per day for recurring p ublic nuisances, not to exceed $5,000. This procedure delineates how to facilitate the process. IV. PROCEDURE : A. These ordinances apply to both residential and commercial properties. B. For a property to be brought before the Nuisance Abatement Board: * 1. The Nuisance Abatement Board shall have the power to declare a place or premises to be a public nuisance if: a. Such place or premises ha s been used on more than two (2) occasions within a six (6) month period, as the site of a violation of Florida Statute 796.07 (relating to prostitution) . b. Such place or premise s has been used on more than two (2) occasions within a six (6) month period, as the site of the unlawful sale, delivery, manufacture, or cultiva tion of any controlled substanc e as described in Florida Statute s Chapter 893. c. Such place or premise s has been used on one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and has been previously used on more than one occa sion as the site of the unlawful sale, deliver, manufacture, or cultivation of any controlled substance as described in Florida Statute Ch apter 893. d. Such place or premise s has been used by a crimi nal gang f or the purpose of conducting criminal gang activity as defined by Florida Statute 874.03 . e. Such place or premise s has been used on more than two (2) occasions within a six (6) month period, as the site of a violation of Florida Statute 812.019 (re lating to dealing in stolen property) . f. Such place or premise s has been used on more than two (2) occasions within a six-month period, as the site of the unlawful possession, storage, or use of any felony -controlled substance as GEN 567.02 09/20/11 Page 2 of 3 described in Florida Statute s Chapter 893. g. Such place or premise s has been used on more than two (2) occasions within a six (6) month period, as the site of the unlawful diversion or fraud involving any prescription medication as described in Florida Statutes Ch apter . 893 . h. Such plac e or premise s has been used as the site where lawfully obtai ned search warrants were served or executed as follows : (1) On more than two (2) occasions within a six (6) month period, as the site where lawfully obtained search warrants were served or execut ed related to violations of Florida Statutes Chapter 810. (2) On more than two (2) occasions within a six-month period, as the site where lawfully obtained search warrants were served or executed related to violations of Florida Statutes Chapter 812. (3) On more than two (2) occasi ons within a six (6) month period, as the site where lawfully obtained search warrants were served or executed related to violations of Florida Statutes Chapter 893. i. Such place or premise s has be en used on more than two (2) occasions within a six (6) month period , as the site of the unlawful use or possession of a weapon or firearm, discharging a firearm, or a felon in possession of a firearm as described in Florida Statute s Chapter 790. j. Such plac e or premise s has been used on more than two (2) occasions w ithin a six (6) month period, as the site of crimes against persons including homicide, as described in Florida Statute s Chapter 782. k. Such place or premise s has been used on more than two (2) occa sions within a six (6) month period, as the site of crimes against person including aggravated battery, as described in Florida Statute s 784.03 – 784.045 . l. Such place or premise s has been us ed on more than