§ 28-103. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Complainant shall mean the person who files a complaint alleging that a place or premises constitutes a public nuisance.

Controlled substance shall have the same meaning as stated in F.S. §§ 893.02 and 893.138 and any other applicable provision of general law, as may be amended from time to time.

County attorney shall mean the person who serves as legal counsel to the board of county commissioners or any deputy or assistant county attorney who serves on such person's behalf.

Nuisance abatement board shall mean the Orange County Nuisance Abatement Board which is also referred to herein as "board".

Owner shall mean the owner of the place or premises that is alleged to be a "public nuisance".

Place or premises shall mean the land and its appurtenances, structures and fixtures thereon, as such land is described or contained in a deed or instrument of conveyance and recorded in the Official Records of Orange County, Florida.

Property shall mean anything of value, and includes:

(1)

Real property, including things growing on, affixed to, and found in land.

(2)

Tangible or intangible personal property, including rights, privileges, interests, and claims.

(3)

Services.

Public nuisance shall mean any place or premises that is alleged to have been used:

(1)

By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by F.S. § 874.03;

(2)

On more than two (2) occasions within a six -month period, as the site of a violation of F.S. § 796.07, that pertains to prostitution;

(3)

On more than two (2) occasions within a six-month period, as the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance; or

(4)

On one (1) 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 (1) occasion as the site of the unlawful sale, delivery, manufacture or cultivation of any controlled substance; or

(5)

On more than two (2) occasions within a six-month period, as the site of a violation of F.S. § 812.019, relating to dealing in stolen property.

Recurring public nuisance shall mean a second or other additional occurrence of a public nuisance during the effective term of an order entered by the nuisance abatement board.

Services shall mean anything of value resulting from a persons' physical or mental labor or skill, or from the use, possession, or presence of property, and includes:

(1)

Repairs or improvements to property.

(2)

Professional services.

(3)

Private, public, or government communication, transportation, power, water or sanitation services.

(4)

Lodging accommodations.

(5)

Admissions to places of exhibition or entertainment.

Sheriff's office shall mean the Office of the Orange County Sheriff.

Stolen property shall mean property that has been the subject of any criminally wrongful taking.

Value shall mean value determined according to any of the following:

(1)

a.

Value means the market value of the property at the time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense.

b.

The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

c.

The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret.

(2)

If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than one hundred dollars ($100.00).

(3)

Amounts of value of separate properties involved in thefts committed pursuant to one (1) scheme or course of conduct, whether the thefts are from the same person or from several persons, may be aggregated in determining the grade of the offense.

(Ord. No. 99-01, § 1, 1-12-99; Ord. No. 2001-17, § 3, 8-28-01)