title
ESTABLISHING BOARD OF ADJUSTMENT MEMBERS AS THE EX OFFICIO MEMBERS OF THE NUISANCE ABATEMENT BOARD (B)
Ordinance No. 121103
An ordinance of the City of Gainesville, Florida, amending Sec. 16-95 of the Gainesville Code of Ordinances by establishing board of adjustment members as the ex officio members of the nuisance abatement board; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
At its regularly scheduled meeting on August 21, 2014, the City Commission authorized special magistrate(s) to hear code violations and terminated the authority of the code enforcement board and the terms of the existing board members effective on October 1, 2014. Currently, the members of the code enforcement board constitute the ex-officio members of the nuisance abatement board, pursuant to Section 893.138, Florida Statutes, which authorizes local administrative action to abate drug-related, prostitution-related, or property-related public nuisances with an "administrative board" to carry out the process. The statute does not provide for a special magistrate to serve as the administrative board; therefore, this ordinance establishes the members of the board of adjustment as the ex-officio members of the nuisance abatement board. The nuisance abatement board meets when necessary and has not convened in recent years.
This ordinance requires two readings.