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PUBLIC NUISANCES

Miami City Code ch. 46
in effect

Miami City Code § 46-1 Definitions.

Sec. 46-1. - Definitions. For the purpose of this chapter a "public nuisance" is defined as any place or premises that has been used: (1) On more than two occasions within a six-month period, as the site of a violation of F.S. § 796.07 as amended, entitled "Prohibiting prostitution, etc."; (2) On more than two occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (4) By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03 as amended; or (5) On more than two occasions within a six-month period, as the site of a violation of F.S. § 812.019 as amended, relating to dealing in stolen property. (6) On more than two occasions within a six-month period, as the site of a violation of any combination of the following: a. F.S. § 782.04, relating to murder; b. F.S. § 782.051, relating to attempted felony murder; c. F.S. § 784.045(1)(a)2., relating to aggravated battery with a deadly weapon; or d. F.S. § 784.021(1)(a), relating to aggravated assault with a deadly weapon without intent to kill. Such property may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this chapter. For the purpose of this chapter "operator" means an owner or person having possession or charge of as agent or otherwise having interest in or control of the building, place or premises. For the purpose of this chapter, "complaint" shall mean the official process by which cases are initiated and brought before the nuisance abatement board. Notwithstanding any other law, a rental property that is declared a nuisance under this section may not be abated or subject to forfeiture under the Florida Contraband Forfeiture Act if the nuisance was committed by someone other than the property owner and the property owner commences rehabilitation of the property within 30 days after the property is declared a nuisance and completes the rehabilitation within a reasonable time thereafter. (Ord. No. 12470, § 2, 1-8-04; Ord. No. 13988, § 2, 4-8-21)

Miami City Code § 46-2 Nuisance abatement board.

Sec. 46-2. - Nuisance abatement board. (a) Created; membership; terms; compensation. (1) The code enforcement board is hereby designated and established as the nuisance abatement board (the "board"). (2) The terms of office of the board members shall coincide with the terms of office of the code enforcement board members. (3) Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city manager. (b) Hearings; administrative staff support; board case files, documents. (1) The chairperson of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three members of the board. The clerk of the board may also set future hearing dates. The board shall attempt to convene no less than once every month but may meet more than once every month as the board may deem necessary as provided herein. Minutes shall be kept of all hearings and all hearings shall be open to the public. The board may rely on advice from independent legal counsel who shall be appointed by the city attorney. The city commission, by and through the city manager shall provide all necessary clerical and administrative staff support to the board, including space and necessary expenses which may be reasonably required by the board for the proper performance of its duties. (2) The city manager shall designate clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. The clerk so designated in writing by the city manager shall be the custodian of all board case files and documents pertaining thereto and shall have the authority to certify orders and other documents issued by the board; the clerk shall adopt and use an official seal for this purpose; the clerk is also empowered to administer an oath to witnesses appearing before said board and to issue subpoenas in the name of the board for service of process by any city police officer. (3) The city attorney or designee thereof shall represent the city as prosecutor and present cases before the board, and shall not therefore act as counsel for the board. (4) In the event that the city owns or operates a building, place or premises which is the subject of a nuisance complaint, the law department shall prosecute the complaint and the city attorney must receive commission approval to retain independent counsel to defend in the city's defense. (Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Ord. No. 11130, § 15, 3-24-94; Ord. No. 11189, § 5, 10-27-94; Code 1980, § 45.5-2; Ord. No. 11373, § 10, 6-27-96; Ord. No. 11564, § 17, 10-28-97; Ord. No. 13349, § 2, 11-15-12)

Miami City Code § 46-3 Procedures.

Sec. 46-3. - Procedures. (a) Written complaint; reports. (1) Any employee, officer of the city or any resident of the city, may file a written complaint under oath with the department of police after giving not less than three days' notice of such complaint to the owner of the place or premises regarding a public nuisance as defined herein. Notice of the complaint shall be sent to the owner at his/her last known address. "Notice," as used in this subsection, shall be given to the operator at the operator's last known address by mailing through the use of certified mail of written material informing the operator of the complaint to be filed. The operator shall notice any tenant, lessee, and lessor of the complaint. (2) The complaint shall state facts that reasonably tend to establish the existence of a public nuisance located within the city. Such complaint of a public nuisance shall only be for those as enumerated in section 46-1 and city Charter section 3(p). (3) Any police officer making an arrest or substantiating an incident or occurrence of any statutory violation(s) or violations of section(s) set forth herein or any public service aide substantiating an incident or occurrence of a breach of any section(s) set forth herein and pursuant to information or independent observation shall submit a copy of every such report and/or offense incident report to the office of the chief of police or designee thereof who shall process all such reports and determine when the requisite number of occurrences or violations have taken place as set forth in section 46-1. (b) Processing; review of case. (1) In each case where such determination has been made in accordance with subsection (a) above, the case shall be processed through the office of the chief of police and forwarded to the city attorney for his/her determination that such case is sufficient for presentation to the board for its consideration and disposition as provided herein. (2) The city attorney, or designee thereof, upon receipt of verification by the office of the chief of police that all administrative prerequisites have been satisfied shall direct the clerk of the board to prepare a case folder for a complaint related to the maintenance of the public nuisance as defined in section 46-1. The city attorney or designee thereof prior to presenting a case to the board shall review the case for legal sufficiency and, if applicable, shall promptly notify the clerk of the board of any legal insufficiencies in the case. (c) Hearings; hearing notices. (1) The clerk of the nuisance abatement board shall schedule all hearings and issue hearing notices servicing the same (a) by sending written notice of the hearing by certified mail, return receipt requested, or (b) by hand delivering the written notice to the operator of the premises at the operator's last known address at least 15 calendar days prior to the scheduled hearing. If an attempt to serve notice upon the owner(s) and operator(s) by hand delivery or certified mail is unsuccessful, service of the notice of the hearing may be made by posting the premises as provided in F.S. ch. 48, such posting to take place not less than ten days before the scheduled hearing date. The operator shall be responsible for the notice, to any tenant, lessee or lessor, of a hearing. (2) The notice of hearing shall include a: a. Statement of the time, place, and nature of the hearing; b. Statement of the legal authority and jurisdiction under which the hearing is to be held; c. Reference to the particular sections of the statutes and/or ordinances involved; and d. A short and plain statement of facts summarizing the incidents complained of. (Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-3; Ord. No. 11573, § 2, 11-26-97)

Miami City Code § 46-4 Conduct of hearings.

Sec. 46-4. - Conduct of hearings. (a) The city attorney, or designee thereof, shall present evidence before the board on behalf of the city. All parties shall have an opportunity to present evidence and argument on all issues involved, conduct cross examination and submit rebuttal evidence, and to be represented by counsel. (b) The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be given under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. Orders of the board shall be based upon competent and substantial evidence. (c) The city attorney or his/her designee shall have the burden of proving the existence of an unlawful public nuisance by clear and convincing evidence. (d) If the alleged violator(s) has been properly noticed in regard to the hearing before the board and fails to appear, the board may proceed with a hearing in absentia on the merits of the alleged violation. Any findings or orders resulting from such hearing are valid and binding upon the violator(s). (Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-4; Ord. No. 13676, § 2, 4-27-17)

Miami City Code § 46-5 Post hearing.

Sec. 46-5. - Post hearing. (a) At the conclusion of the hearing and after considering all evidence presented at such hearing, the board is authorized to issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance does exist. (b) Upon finding that an unlawful public nuisance does exist the board shall immediately order any one or all of the following: (1) The discontinuance of the nuisance; (2) The closing of the place or premises; (3) The prohibition of conduct, operation, or maintenance of any business or activity on the premises, and/or business or activity which is conducive to the maintenance of such nuisance, which prohibition may include the suspension or revocation of any city local business tax receipt issued or renewed pursuant to the provisions of chapter 31; (4) The payment to the city by the operator(s) of a fine of $250.00 for an initial finding by the board of the existence of a public nuisance and $500.00 for each subsequent finding in, at or on the same premises pursuant to F.S. §§ 823.01 and 775.083(e); or (5) The board may order any combination of subsection (b)(1), (2), (3) or (4) hereinabove. (c) For purposes of subsection (b) above, the nuisance abatement board shall function as the designee of the city manager for consideration of nuisance-related suspension or revocation of any local business tax receipt and the board hearings shall be in lieu of section 31-48 hearing. (d) The findings and orders shall be by motion approved by a majority of those present and voting. Any motion failing to obtain the required vote shall preclude the issuance of such findings and order. (e) An order entered pursuant to this chapter shall expire after one year or at such earlier time as stated in the order. The board may retain jurisdiction to modify the orders prior to the expiration of the orders, where just cause is found to exist. (f) The board may bring a complaint under F.S. § 60.05 seeking a permanent injunction against any nuisance described herein. (Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Code 1980, § 45.5-5; Ord. No. 12885, § 1, 2-8-07)

Miami City Code § 46-6 Enforcement of orders.

Sec. 46-6. - Enforcement of orders. (a) The city attorney is authorized to initiate contempt proceedings in the circuit court of the 11th judicial circuit for willful disobedience or failure to comply with any order of the board. (b) Further, the city attorney is authorized to initiate proceedings in any county, state or federal forum for the suspension or revocation of any permits, licenses, concessions or contracts held or awarded to the violator including contracts awarded under F.S. § 24.112 and including licenses for the sale of beverages issued under F.S. § 561.19 where the existence of such permits, licenses, concessions or contracts is conducive to the maintenance of such nuisance. (c) Orders of the nuisance abatement board issued pursuant to this chapter shall be posted at the place, building, or premises where the public nuisance exists, existed or is occurring, in violation of the law and shall be sent by certified mail to the owner of record of such place, building, or premises within two business days of the posting. (d) Five business days after the posting of an order issued pursuant to the nuisance abatement board, city police officers shall be authorized to act upon and enforce such orders in accordance with section 46-5 hereof. (Ord. No. 10883, § 1, 5-9-91; Code 1980, § 45.5-6)

Miami City Code § 46-7 Appeals.

Sec. 46-7. - Appeals. An aggrieved party, including the city, may appeal a final order of the nuisance abatement board to the appellate division of the circuit court of the 11th judicial circuit. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the nuisance abatement board. An appeal shall be filed within 30 days of the date of the written order appealed from. (Ord. No. 10883, § 1, 5-9-91; Code 1980, § 45.5-7)

Miami City Code § 46-8 Enjoining of nuisances.

Sec. 46-8. - Enjoining of nuisances. When any business person, party or entity is found to be erecting, establishing, continuing, maintaining ownership or to be leasing the use of any building, places or premises located in the city and in which the health of the community is threatened or the morals and welfare of the people are injured and in which any nuisance exists, as defined in F.S. chs. 823, 893, 796 or 849 or any of the Code sections as stated herein, such business persons, parties or entities may be sued by the city attorney in the name of the State of Florida or by any citizen of the city for such relief and damages as may be recognized by law. (1) The nuisance abatement board may bring a complaint under F.S. § 60.05 and seek a permanent injunction against any public nuisance. (2) All powers and rights conferred by this section shall be in addition to and supplemental to those conferred by any other general or special laws governing public nuisances and shall be liberally construed to effectuate the purpose of this chapter. (Ord. No. 10883, § 1, 5-9-91; Code 1980, § 45.5-8)

Miami City Code § 46-9 Costs.

Sec. 46-9. - Costs. In the event that the board declares a place or premises to be a nuisance and issues an order pursuant to subsection 46-5(b) above, the board shall assess against the owner of the place or premises the costs which the city has incurred in the preparation, investigation, and presentation of the case. These costs shall be due and payable ten days after the written order of the board has been filed. A certified copy of an order imposing a fine and/or costs may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists or, if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After one year from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute on the lien. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in F.S. § 55.03, as may be amended from time to time. (Ord. No. 11130, § 16, 3-24-94; Code 1980, § 45.5-9; Ord. No. 11573, § 2, 11-26-97)

Miami City Code § 46-10 Prostitution, sexual activity, assignation, lewdness; soliciting or manifesting an intent to solicit prostitution, sexual activity, assignation, or lewdness.

Sec. 46-10. - Prostitution, sexual activity, assignation, lewdness; soliciting or manifesting an intent to solicit prostitution, sexual activity, assignation, or lewdness. (a) This section may be referred to as the "Prostitution Ordinance." Nothing herein shall be construed as prohibiting mere loitering in any public place. (b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Prostitution shall have the meaning as set forth in F.S. § 796.07(1), as the same may be amended from time to time. (2) Within public view means within areas generally accessible by or visible to the public, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, unenclosed automobiles (whether moving or not), doorways and entrances to buildings or dwellings and the grounds surrounding them and buildings open to the general public, including those which serve food or drink or provide entertainment. The interior enclosed portion of a structure not open to the general public shall not be considered "within public view." (3) Sexual activity shall have the meaning as set forth in F.S., § 796.07(1), as the same may be amended from time to time, and shall also include any act of lewdness or assignation as those terms are defined herein. (4) Assignation means to make any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or obscene act. (5) Lewdness means to give or receive the body for hire for an indecent or obscene act. (6) Solicit means inducing, asking, enticing, requesting or otherwise encouraging a person to commit a crime. The crime solicited need not be committed. (7) Previously verified pattern of solicitation activity means the occurrence of a series of activities, in close temporal proximity to each other, three or more of which meet each of the following criteria: a. The activities are those activities described in subsection (d). b. The activities are the same activities that precede, in close temporal proximity, a prior solicitation for prostitution assignation or lewdness, for which the person engaging in the activities was convicted. c. The activities occur within one year of the date of conviction required in subsection (b). (c) It shall be unlawful for any person to exhibit, within public view, a previously verified pattern of solicitation activity. (d) Activities which are part of a previously verified pattern of solicitation activity: (1) The person repeatedly beckons to, stops or attempts to stop passersby or engages them in conversation. (2) The person repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or by any other bodily gesture. (3) The person approaches a passerby or motorist, leaves with that person for a short period of time and upon return to the same area, repeats this pattern with a different person. (4) The person takes flight or tries to conceal himself or herself upon the appearance of a law enforcement officer. (5) The person gestures to, touches or exposes his or her breast, groin or buttocks. (6) The person inquires whether a potential patron, of procurer or a prostitute is a police officer or searches for articles that would identify a police officer. (7) The person inquires of a potential patron or procurer of a prostitute about an act that would constitute sexual activity. (8) The person requests the touching or exposure of his or her breast, groin, or buttocks. (e) No police officer shall arrest an individual for a violation of this section for the mere act of loitering, soliciting a ride from a vehicle for hire, entering a motor vehicle or waving at a passing motor vehicle. (f) A person who is convicted of a violation of this section may be required to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days. (Ord. No. 11407, § 2, 10-10-96)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH46PUNUFetched: 11/1/2026

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