§ 518.202. Conditions prohibited and declared public nuisances; penalty.  


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  • The following described conditions occurring or being upon any lot, tract or parcel of land, or contiguous swales, improved or unimproved, within 100 feet of any improved property on which there exists a building, structure or other premises occupied by people within the city, or on any lot or parcel of land irrespective of its distance from any structure when the Chief determines on a case by case basis, to the extent and in the manner that the lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, are each hereby prohibited and declared to be a public nuisance:

    (1)

    Nuisance vegetation which exceeds a height of 15 inches over the majority of the parcel or growth or weeds, grass, underbrush or undergrowth, or other noxious vegetation (but not including trees, plants or other vegetation protected by state law) which fully or partially obstructs the parcel or any public right-of-way, sidewalk or other type of passage.

    (2)

    A building, structure, premises or other place which provides uncontrolled breeding places, protection or shelter for rodents, vermin or other pests.

    (3)

    A wholly or partially manmade pool, pond or other body of water, which tends to produce disease vectors, biting insects, pests or the like. In addition, in the case of swimming pools, water quality and clarity may be declared a threat to or endangerment of public health and safety when the clarity of the pool water is such that the main drain grate is not completely visible to a person standing on the pool deck, or the recirculation system or disinfection feeding equipment is missing or not functioning.

    (4)

    An obstruction or diversion of the natural or artificial flow of water, whether by dams, blocks or other means, which tends to produce or results in the stagnation of water, except for the filling or excavation of land located in or bordering on navigable waters of the state, if the activities are then regulated by F.S. Ch. 253, Chapter 654, Ordinance Code or other applicable laws.

    (5)

    Garbage, trash, rubbish or debris.

    (6)

    Junk or abandoned vehicles, or any vehicle which:

    (a)

    Threatens or endangers public safety or welfare;

    (b)

    Creates a blighting influence upon the neighborhood where the vehicle rests; or

    (c)

    Is, or may reasonably become infested or inhabited by rodents, vermin or animals, or may furnish a breeding place for rodents, vermin or animals.

    As it relates to bona fide automobile repair facilities existing as of the effective date of this legislation, such establishments shall be allowed to maintain outside storage of junk or abandoned vehicles for a period of three months from the effective date of this legislation. After the expiration of this time period, all junk and/or abandoned vehicles must be removed, or stored in a completely enclosed building.

    (7)

    A swimming pool where water quality or clarity is a threat to or endangerment to public health and safety due to lack of visibility of main drain grate and/or equipment (recirculation system or disinfection feeding equipment) is missing or not functioning.

    (8)

    Unsecured vacant building or dwelling.

    (9)

    Graffiti.

    (10)

    An unsafe or unsanitary condition not included within the meaning of the other terms as used herein which endangers the public health, welfare or safety of the community.

    (11)

    Abandoned personal property of dispossessed residents. Any owner who physically retakes possession of property through eviction, foreclosure, or other means and removes personal items of the previous resident from the property shall place such items in the designated trash collection area of the property, or, if there is no such area and the owner must place such items on the curb, all loose items, with the exception of furniture, shall be placed in trash receptacles or in boxes or bags and stacked neatly on the curb in accordance with Chapter 382 of the Ordinance Code.

    (12)

    Any mobile home or modular building that has been placed on private property without or in violation of a permit for installation from the Building Department or which has not been or is not properly connected to water, sewer or electric utility service. Utility service for sewer may be through a licensed or permitted septic system, if such sewer service is allowed for that property.

    (13)

    Dead or dying trees, limbs, branches or parts.

    (14)

    Bushes, shrubbery, or other overgrowth shall not exceed the height of the lowest portion of windowsills or window frames on vacant buildings and structures, and shall not cover or impede any entryway of a vacant building or structure.

(Ord. 96-458-297, § 1; Ord. 98-496-E, § 2; Ord. 2002-1106-E, § 2; Ord. 2002-1301-E, § 1; Ord. 2006-1363-E, § 9; Ord. 2010-282-E, § 2; Ord. 2010-283-E, § 1; Ord. 2015-693-E , § 4; Ord. 2017-432-E , § 1)