Incidents highlight alternative actions for JSO, communities
Officials have new measures for combating crime, dereliction
Repeated gun violence incidents at the Scottish Inn at 2300 Philips Highway have underscored the need for increased crime-control measures in Jacksonville. Early morning on Dec. 31, 2022, police officers found a man shot multiple times on Mark Avenue, a street right behind the Scottish Inn. The man later died. On Nov. 5, 2022, officers responding to reports of a gunshot victim at the Scottish Inn, witnessed a car pulling into the inn’s parking lot. A man standing in the parking lot subsequently opened fire on the car. When the suspect refused to drop his weapon, the officers opened fire. During a follow-up investigation into the officer-involved shooting, officers found a man inside a room dead from at least one gunshot wound. These recent actions have caught the attention of the Nuisance Abatement Board.
Council Member LeAnna Cumber, who represents the San Marco area within District 5, took action against matters of violence in 2021, drafting legislation for the creation of a Public Nuisance Abatement Board to help the Jacksonville Sheriff’s Office (JSO).
“The crime on Philips Highway is one of the reasons I ran for election in 2019,” said Cumber. “Sex trafficking and drugs are something that the city needs to get a hold of. The area has dramatically improved during the past four years thanks to the new apartments and businesses, but more needs to be done.”
Cumber says she went on a SWAT narcotics arrest with JSO officers, and that led her to go back to her office to figure out what she could do to help.
“I drafted the legislation for the Public Nuisance Abatement Board, modeling it after the state board, chose what city departments would be represented on it, and interviewed all the candidates,” she said.
The nine-member Public Nuisance Abatement Board is authorized to assist victims of crime, and penalize those who commit crimes or those who permit conditions to exist that give rise to crime or excessive calls for service to JSO and Jacksonville Fire & Rescue Department (JFRD). Appointed members include representatives from JSO; JFRD; the City of Jacksonville’s Neighborhoods Department; a Florida Bar licensed attorney; two developers, property managers or realtors with extensive experience — one with multi-family residential property operations and one with commercial property operations; public health services or child protective services; and two community advocates.
Since spring 2021, the board has met five times and dealt with two nuisance properties: Downtown East, formerly known as Franklin Arms Apartments, 888 Franklin Street, and the Argyle Forest Red Roof Inn, 6099 Youngerman Circle in Orange Park.
In addition to the two businesses that have gone before the board in 2022, two more cases are going through the system, according to Cumber.
In response to questions about whether the Scottish Inn would be presented to the board for consideration as a public nuisance, given the recent shootings occurring there at the end of last year, Police Lieutenant Robert Lestrange, who leads JSO’s Blight Abatement Unit, said, “I cannot address specifically the cases I will be presenting to the board, but any property that has experienced violent crimes and other crimes outlined in 672.04 is subject to presentation.”
“To date, I have not received any other complaints about properties on Philips Highway,” he said.
“The board doesn’t see the cases prior to a board meeting,” said Josh Cockrell, former vice chair who is serving as the temporary chair of the board following the recent death of Board Chair Bryan Mosier. “I expect to see a number of additional problems addressed in 2023. We can levy fines against their property that may turn into liens, and charge daily fines. Properties can be shut down in long-road scenarios.”
“The board and JSO recommend doing a CPTED (Crime Prevention Through Environmental Design) study on properties where disrepair or faulty security systems may be contributing factors in the overall crime issues at a property,” said Lestrange.
The Public Nuisance Abatement Board labeled the Downtown East Apartments a public nuisance in August 2021 after the complex had received seven felony arrents in six months, including charges of murder and attempted murder, and more than 200 calls for service to JSO.
Ongoing violence at Orange Park’s Argyle Forest Red Roof Inn, including shootings there on Oct. 8, 2022, led the board to declare the motel a public nuisance as well.
“I’ve requested that they start the process on the Scottish Inn,” said Cumber.
Any place or premises can be declared to be a public nuisance for issues — called qualifiers in the code — concerning prostitution and prostitution-related activities; the unlawful sale, delivery, manufacture or cultivation of any controlled substance; unlawful possession of a controlled substance; criminal gangs; human trafficking; dealing in stolen property; pain management clinic violation; or forcible felonies against any individual.
The process begins with a law enforcement officer who makes an arrest or confirms an incident or occurrence of any statutory violations and submits a copy of any reports or offenses to the Blight Abatement Unit. The Blight Abatement Unit thoroughly researches all of the calls for service received by JSO in the previous six months, and looks for qualifiers based on a detailed list in Code of Ordinance 672.04, to determine whether the issue should be presented to the Public Nuisance Abatement Board.
The board clerk prepares a case folder for a complaint, and requests a hearing before the board. All parties involved have an opportunity to present evidence and argument on all issues involved, conduct cross-examination, submit rebuttal evidence and be represented by counsel.
If the board decides the property is an unlawful public nuisance, it issues 30-, 60-, 90-day remedies that the offending property must address in the form of an order, and may impose a fine to be paid to the city. The board has jurisdiction for one year after the order’s effective date.
“The goal of the board is to get these businesses to do what they need to do to stop the nuisance. The board tells the business the steps it needs to take to stop the nuisances,” Cumber said. “JSO will do a free assessment for any business to help it make sure it is secure and safe. The goal is to help these businesses become productive and curb criminal activity. If they choose not to, there is a punishment mechanism.”
Citizen complaints can be made by anyone located within one mile of any location to allege that a particular property is a public nuisance by calling (904) 630-2129, or e-mailing [email protected]. JSO will determine if the property constitutes a public nuisance and whether it should be referred to the Public Nuisance Abatement Board.
By Karen Rieley
Resident Community News
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