301424

ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: February 8, 2025  Amends - GO 6.2.13 ( August 5, 2022 ) Number: 6.2.13 Distribution: All Personnel Review Month: November Reviewing Authority: SOD / Narcotics Subject: Nuisance Abatement This policy consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to establish appropriate guidelines for nuisance abatement actions. 2. Policy It is the policy of the agency to promote, protect, and improve the health, safety, and welfare of the citizens of the county. Nuisance abatement is an equitable, expeditious, effective, and inexpensive method, created by FS 893.138 and Orange County Code Chapter 28, Sections 100 -114, to abate drug violations , prostitution, dealing in stolen property, and criminal street gang activities on certain properties . 3. Definitions A. Nuisance Abatement Board – nine members appointed by the Orange County B oard of County Commissioners with jurisdiction to hear complaints alleging certain properties constitute a public nuisance. The Board has the authority to impose remedies and sanctions. B. Nuisance Abatement Coordinator – the Lieutenant assigned to the Narcotics Investigative Unit shall act as the Nuisance Abatement Coordinator. The coordinator is responsible for managing all aspects of the nuisance abatement process. C. Place or Premises – any land and its appurtenances, structures, and fixtures, as the land is described in a dee d or instrument of conveyance and recorded in the Official Records of Orange County, Florida . Examples include, but are not limited to, vacant lots, stores, apartment complexes, single -family homes , hotels , and motels. D. Public Nuisance – any place or pr emises that has been used as the site of: 1. A violation of FS 796.07 relating to prostitution on three or more occasions within a six month period; 2. The unlawful sale, delive ry, manufacture, or cultivation of any controlled substance on three or more occasions within a six month period; 6.2.13, Page 2 of 3 3. The unlawful felony possession of a controlled substance on at least one (1) occasion, and when the property was used previously on more than one occasion for the unlawful sale, delivery, manufacture, or cultivation of a controlled substance. 4. A violati on of FS 812.019 relating to dealing in stolen property on three or more o ccasions within a six month period. 5. Criminal gang -related activity by a criminal gang as defined by FS 874.03 . 6. A violation o n two or more occasion s within a six-month period of any combination of the follow ing: a. FS 782.04 , relating to murder b. FS 782.051 , relating to attem pted felony murder c. FS 784.045(1)(a)2 , relating to aggravated battery with a deadly weapon d. FS 784.021(1)(a) , relating to aggravated assault with a deadl y weapon without intent to kill 7. Unauthorized Sale of Alcoholic Beverages as def ined by FS 562.12 . 4. Procedures A. Agency personnel who identify a location that may qualify for nuisance abate ment shall notify the Nuisance Abatement Coordinat or; the referral shall include a description of the property along with the supporting information as it relates to a public nuisance. B. The Nuisance Abatement Coordinator or designee shall identify places or premises that qualify for nuisance abatement by screening information from a variety of sources to identify suitable properties : information presented at Crime Control reduction meetin gs; complaints received from citizens; and referrals received from agency personnel. The Nuisance Abatement Coordinator shall confirm applicable information concerning a public nuisance property is entered into and maintained in a computer database. C. If the Nuisance Abatement Coordinator determines a property is suitable for nuisance abatement, they shall informally contact the property owner(s) to seek a resolution. Alternatively, the Nuisance Abatement Coordinator may elect to issue a letter by certi fied mail, return receipt requested, notifying the property owner(s) of the agency’s intent to bring a complaint before the Nuisance Abatement Board. Property owners may contact the Nuisance Abatement Coordinator to discuss remedial measures. By taking vol untary action to remedy the nuisance on their property, owners may prevent a board hearing. D. If the Nuisance Abatement Coordinator determines a property is suitable for nuisance abatement, they shall notify the appropriate sector commander. The Nuisance Abatement Coordinator or designee shall update the sector commande r on the progress of the case. E. If the Nuisance Abatement Coordinator or designee requires assistance in a case 6.2.13, Page 3 of 3 (e.g., no voluntary compliance from the property owner), they may contact Legal Services to assist, e.g., present the case to the Nu isance Abatement Board, draft settlement documents. F. If the Nuisance Abatement Coordinator, in conjunction with Legal Services , determines a formal hearing is necessary, they shall finalize the case report packet (which will include all