§ 15-10. Drug and prostitution-related nuisance abatement. [Repealed]

This section shall be known as and may be cited as the Lake Wales Drug and Prostitution-Related Nuisance Abatement Ordinance.

The City Commission of the City of Lake Wales does hereby find that the illegal cultivation, delivery, manufacture and sale of a controlled substance or the possession of a controlled substance where the possession constitutes a felony or a violation of F.S. § 796.07, is a threat to the health, safety, and welfare of the citizens of Lake Wales.

A pattern of illegal conduct often arises and is associated with certain places or premises within the city where the illegal cultivation, delivery, manufacture and sale of a controlled substance or the possession of a controlled substance where the possession constitutes a felony or a violation of F.S. § 796.07, occurs.

A pattern of drug and prostitution-related activity associated with a place or premises within the city serves to encourage future illegal drug and prostitution-related activity on or about these particular places or premises. Such drug and prostitution-related illegal activity is injurious to the health, safety and welfare of the citizens of Lake Wales and corrupts the public morals.

It is necessary in order to provide an expeditious and effective method of removing illegal drug and prostitution-related activity that a drug and prostitution-related nuisance abatement board be created pursuant to F.S. § 893.138.

Whenever in this section the following terms are used, they shall have the meanings ascribed as follows:

(a) Board: The drug and prostitution-related nuisance abatement board as created herein.

(b) City commission or commission: The Lake Wales City Commission.

(c) City: The City of Lake Wales.

(d) Controlled substance: Any substance named or described in schedules "I" through "V" of F.S. § 893.03.

(e) Owner: Any natural person, partnership corporation or other entity.

(f) Prostitution: As defined in F.S. § 796.07, the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

(g) Sexual activity: As defined in F.S. § 796.07, oral, anal or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts does for bona fide medical purposes.

There is hereby created a board of this city which shall be known as the Lake Wales Drug and Prostitution-Related Nuisance Abatement Board. The board shall have the power to:

(a) Adopt rules for the conduct of its hearings and establish procedure;

(b) Issue orders having the force of law consistent with authority contained herein;

(c) Take testimony under oath.

The city commission shall appoint seven (7) residents of the city to serve on this board as follows:

(a) Two (2) members shall be initially appointed for a term of one year;

(b) Three (3) members shall be initially appointed for a term of two (2) years;

(c) Two (2) members shall be initially appointed for a term of three (3) years;

Each appointment thereafter shall be made for a term of three (3) years.

The members of the drug and prostitution-related nuisance abatement board shall meet annually and elect a chair, who shall be a voting member, from among the members of the board. The presence of four (4) or more members shall constitute a quorum.

Members shall serve without compensation, but may be reimbursed for such travel mileage and per diem expenses as may be authorized by the city commission or as otherwise provided by law.

The city attorney shall serve as legal counsel for the board and shall assist the board in establishing facts and eliciting evidence.

The city manager shall designate an employee of the city to be secretary to the board and provide necessary staff services for the board.

The drug and prostitution-related nuisance abatement board shall hear complaints and may declare any place or premises a public nuisance where the illegal cultivation, delivery, manufacture or sale of a controlled substance, or the possession of a controlled substance where the possession constitutes a felony or a violation of F.S. § 796.07, has occurred on more than two (2) occasions within a six-month period.

The drug and prostitution-related nuisance abatement board shall hear complaints and may declare any place or premises a public nuisance that tends to annoy the community or is a threat to the health, safety, and welfare of the citizens of Lake Wales.

Any code enforcement officer, employee, law enforcement officer or resident of the City of Lake Wales may bring a complaint before the board. Such complaint shall be in writing and filed with the secretary to the board. Upon receipt of said complaint, the secretary shall notify the chair, who shall call a hearing of the board within twenty-one (21) days following the receipt of the complaint.

Notice of said complaint shall be furnished to the owner of the place or premises at his or her last known address in writing or by personal service not less than seven (7) days prior to a scheduled hearing before the board. Said notice shall contain the owner's name, the address and legal description of the property, the date, time and place of the hearing and shall have the complaint attached.

The board shall conduct a public hearing on the complaint receiving any evidence, including evidence of the general reputation of the place or premises, pertaining to alleged illegal activity. The owner of the place or premises shall have an opportunity to present evidence in his or her defense.

All testimony shall be under oath and recorded. Formal rules of evidence shall not apply, but due process shall be observed and govern the proceedings.

After receiving evidence, the board shall adopt an order establishing findings of fact and conclusions of law and may declare that the place or premises constitutes a public nuisance.

If the board finds the existence of a public nuisance, the board may enter an order immediately prohibiting:

(a) The conduct, maintenance or operation of any business or activity on the premises which is conducive to such nuisance, or;

(b) The maintaining of the nuisance, or;

(c) The operating or maintaining of the place or premises.

Any such board order shall expire after one (1) year or at such earlier time as stated in the order.

The board may bring a complaint, under F.S. § 60.05, seeking a temporary or permanent injunction against any nuisance. The city attorney, or his or her designee, shall prosecute such action on behalf of the board.

(Ord. No. 2007-27, § 1, 8-7-07; Ord. No. 2017-02, § 11, 02-07-2017)