Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 26-79, Public Hearing, an Ordinance of the City of Port St. Lucie, Florida, Relating to Nuisance Abatement Program; Amending Articles I of Ch. 40 General Provisions; Setting Forth Appointment of Special Magistrates on Public Nuisance Cases; Amending Art. II Nuisance Abatement Procedure; Authorizing Special Magistrate Hearings for Public Nuisance Abatement Cases; Providing for Codification; Providing for Conflict; Providing for Severability; Providing an Effective Date.
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Submitted By: Oswmer Louis, Code Compliance Administrator, NSD
Strategic Plan Link: The City's Goal of safe, clean, and beautiful.
Executive Summary (General Business): The proposed revisions to Chapter 40, Nuisance Abatement Program, serve public health, safety, and welfare by updating the ordinance to allow a Special Magistrate to hear nuisance abatement cases, determine the existence of public nuisances, and issue orders of abatement. These changes protect neighborhood aesthetics and prevent conditions that could contribute to blight. The ordinance supports orderly residential & commercial development, preserves property values, and maintains a safe, visually appealing community.
Presentation Information: Wesley Armstong, Deputy Director, will provide a presentation.
Staff Recommendation: Move that the Council approve the city-initiated text amendment to Chapter 40 of the City of Port St. Lucie Code of Ordinances as recommended.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the city-initiated text amendment to Chapter 40 of the City of Port St. Lucie Code of Ordinances.
2. Move that the Council provide staff direction.
Background: Currently, the City’s Nuisance Abatement Program requires City Council to establish a nuisance abatement board to hear, review, and issue abatement orders for all nuisance cases. Under the current ordinance, a property can only be declared a nuisance by the City Council (acting as the nuisance abatement board) via a resolution. In researching other municipalities throughout the state, Neighborhood Services found that having nuisance abatement cases go through a City-appointed Special Magistrate as opposed to a nuisance abatement board (i.e. City Council) is a recommended best practice.
Issues/Analysis: The Neighborhood Services Department researched similar nuisance abatement programs of comparable municipalities throughout the state in order to identify Code Compliance Divisions who handle nuisance abatement through a Code Board/Magistrate. After internal review, NSD staff met with the City Attorney’s Office to review and provide language for the ordinance revisions.
Financial Information: N/A
Special Consideration: N/A
Location of Project: N/A
Business Impact Statement: Yes
Attachments:
1. Ordinance 26-79
2. Final PowerPoint
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 26170-01
Legal Sufficiency Review:
Reviewed by Russell Ward, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.