§ 114-28. Declared public purpose; public nuisance (excessive overgrowth, dead standing trees, stagnant swimming pools).

(a)

Purpose and intent. It is hereby found that flies, mosquitoes, other harmful insects, vermin, blighted conditions, noxious odors, unsanitary conditions, conditions that adversely affect and impair the economic welfare of adjacent property, or create fire hazards, environmental hazards, potential hurricane hazards, and other such conditions caused by excessive overgrowth, dead or non-viable standing trees or other vegetation, unsanitary stagnant swimming pools are safety, health, and welfare concerns for the citizens of the county and have been determined to be a public nuisance. Abatement of such conditions is necessary and hereby found and declared to be for a public purpose.

(b)

Excessive overgrowth prohibited.

(1)

The existence of excessive overgrowth upon any lot, tract or parcel of land, improved or unimproved, within 25 feet of any improved property within the unincorporated area of the county, or within 25 feet of any federal, state or county highway, street, road or road right-of-way is hereby declared a public nuisance and thereby prohibited. This section is not intended to apply to undisturbed lots where vegetation has not been previously removed or maintained.

(2)

It shall be the responsibility of the property owner of record, lessees, tenants and occupants to cut, clear, and remove excessive overgrowth, unless such vegetation is exempt, as determined by this section.

(3)

The maximum vegetative height of grasses or weeds permitted on non-agriculture exempt lands shall be maintained so as not to exceed 10 inches in height except for undisturbed lots in its native state or other lands certified as exempt.

(4)

Exemptions:

a.

A vacant unimproved lot that has reverted back to its native vegetative condition shall be exempt if that lot has not been cut in the past five years as determined by either a code officer given reasonable normal perception, or the Institute of Food and Agricultural Science—University of Florida (IFAS);

b.

Vegetation within wetlands and storm water retention lake littoral zones;

c.

Or shrubs, trees, palms or bushes (natural or cultivated) that extend or encroach beyond the perimeter of the owner's lot/parcel.

(c)

Dead standing trees prohibited.

(1)

It shall be the duty of the record property owner, lessees, tenants and occupants to cut, clear and removal all dead or seriously damaged trees from their improved lot or vacant unimproved lot that pose immediate threat to the health, safety and welfare of the property owners or the general public. Prior to removal, immediate threat should be documented to include but not be limited to (1) photographs of the tree(s) including any areas that may be damaged, diseased, or infested (2) approximate measurements including tree height, spread, dbh, and (3) distance to structure(s) or other immovable target(s) if felled. The Natural Resources Management Office shall be consulted if removal would eliminate, destroy or damage existing native vegetation, wetland habitats, floodplains, required erosion control or stormwater management systems, or endangered or threatened species or their habitats.

(2)

Where a dead standing tree is located on an undisturbed lot in its native state, it shall be the duty of the record property owner to cut, clear, and remove all dead standing trees within 25 feet of the common property line of an improved property or within 25 feet of any federal, state or county highway, street, road or road right-of-way when the tree is taller than the distance separating it/them from said abutting improved property or right-of-way.

(d)

Unsanitary stagnant swimming pools prohibited. Unsanitary stagnant swimming pools are hereby declared a public nuisance and it shall be the duty of the record property owner, lessees, tenants and occupants to maintain a swimming pool to prevent unsanitary stagnant conditions.

(Code 1979, § 17-13(a), (b); Ord No. 98-02, § 1, 1-20-98; Ord. No. 2010-16, § 7, 9-7-10)

Editor's note

Ord. No. 2010-16, § 7, adopted Sept. 7, 2010, amended § 114-28 title to read as herein set out. Former § 114-28 title pertained to declared public nuisance.