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Nuisance Abatement

Miami-Dade County enacted the Nuisance Abatement Ordinance (NAO), No. 92-42, requiring property and business owners to eliminate public nuisances.  The NAO provides the community a tool to encourage owners to take responsibility for preventing recurring nuisance activities on their property in unincorporated Miami-Dade County.

The NAO addresses recurring criminal/nuisance activity involving:

  1. The unlawful sale, delivery, or possession of controlled substances/narcotics
  2. Youth and street gang criminal activity
  3. Prostitution or solicitation of prostitution 
  4. Lewd and lascivious activity 
  5. Illegal gambling 
  6. The illegal sale, possession, or consumption of alcoholic beverages 
  7. Other criminal activities that are a danger to the public health, safety, and welfare

What type of nuisance activities are NOT addressed by the NAO?

Private nuisances that may involve neighbor disputes including:  noise, barking dogs, loud music, code enforcement, and other non-criminal activity.  While these and other activities may be a community problem, they are not addressed by the NAO, but may be addressed through other Miami-Dade Police Department (MDPD) or Miami-Dade County entities, including Regulatory & Environmental Resources (RER - Building & Neighborhood Compliance, Zoning), and others that may be determined through calling 311.

How can a complaint be made?

The NAO allows anyone to file a police report/complaint with MDPD at 4-POLICE (305-476-5423).  Although complaints may be made anonymously, to make a formal complaint, the Citizen's Complaint Affidavit PDF may be completed and forwarded to the below address.  All complaints must include the exact address of the alleged nuisance property and details about the activity and may be mailed to:

Miami-Dade Police Department
Strategic Planning & Development Section
Nuisance Abatement Unit
7617 SW 117 Avenue
Miami, Florida 33183

Complaints may also be forwarded by e-mail to: jdicarlo@mdpd.com

How are the complaints handled?

MDPD officers investigate the complaints and criminal activity and provide reports to the Nuisance Abatement Unit (NAU).  If there are three or more substantiated and documented complaints within a twelve-month period, and a pattern of recurring activity, the NAU will send official notification to the property owner requiring the owner to respond in writing with a plan of action within 14 days and to take immediate action to eliminate the nuisance activity.

Nuisance Abatement Board (NAB)

If the owner fails to respond and take sufficient steps to abate the nuisance, and/or there are additional incidents, the case will be presented to the Miami-Dade County NAB that is appointed by the County Commissioners.  The NAB will review the evidence and hear testimony from police officers, citizens, and the owners to determine if there is evidence to declare the premises a public nuisance and/or if the owners have taken sufficient steps to abate the nuisance.

Nuisance Abatement Board Orders

If the Board finds the premises to be a Public Nuisance, the NAB may order immediate actions to be taken by the owners to abate the nuisance.  Orders to owners may include:

  1. Take immediate action to abate the nuisance, i.e., security, lights, fencing, cameras.
  2. Stop any activity that is conducive to the nuisance, i.e., failing to check identification for possible underage sale of alcohol.
  3. Order that the property and/or business be closed and secured.
  4. Order that the property/business owners pay substantial MDPD and County costs.
  5. Order that the owners report to the NAB their progress in abating the nuisance for one year.
NAB 5/13/09
NAB 5/13/09

For Additional Information or Questions

Questions about the NAO or other information about this topic may be directed to the NAU at 305-596-3850, ext. 280, or by e-mail to jdicarlo@mdpd.com.

You can help make your community safer and crime free.
Please call the police and report any criminal or suspicious activity.
Call 911 if it is an emergency.

 

 

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Back to Top Page Last Edited: Tue May 21, 2013 2:15:57 PM
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