§ 15-23.1. Nuisance; designated personal property under certain conditions.

(a)

What constitutes; prohibited. It shall be unlawful for any person within the city to place, put or store any trash, junk, debris, non-operating motor vehicle, boats, unlicensed trailers or other power-driven equipment, excessive building materials, and similar personal property on any lands within the corporate limits of the city, outside of a fully enclosed building, when such object or objects constitute a nuisance, in the opinion of the building official, because such object or objects are detrimental to the health, welfare and best interest of the citizens of the city, or any of them, or are unsightly, undesirable or otherwise obnoxious, as defined in City Code, section 10-22, "Enumerated conditions prohibited, declared nuisance; notice of violations, penalty." It shall be prima facie evidence that motor vehicles, boats, unlicensed trailers or other power-driven equipment are non-operating if such vehicles, boats, trailers, or other power-driven equipment does not display current and/or valid registration tags or plates as required, in both location and type, by the jurisdiction authorized to issue such registration.

(b)

Notice to remove. No person or persons shall be convicted of a violation of this section unless such person or persons shall have been first directed, in writing, by the city manager or his/her designee, or the building official or his/her designee to remove or to have removed from his land any object or objects aforesaid in this section which, in the opinion of the building official constitute a nuisance, and such person shall not have complied with the building official's directive within five (5) days written notice of such directive.

(c)

Definitions. The following terms used herein are, for purposes of this section, hereby defined:

(1)

Building official shall mean the building inspector of the city or his duly authorized deputy, or a designee of the building official or the city manager.

(2)

Non-operating motor vehicle, boats or other power-driven equipment shall mean any motor vehicle, boat or other power-driven equipment, which is partially dismantled or damaged and is in a non-operating condition. The lack of display of current and/or valid license plates or other registration tags or plates as required by the jurisdiction authorized to issue such registration shall be deemed prime facie evidence of a motor vehicle's non-operating condition.

(3)

Excessive building materials shall mean building materials in excess of those required to complete construction of any building or any part thereof as described in a duly authorized building permit which has been issued by the building official of the city and the storing or placing of building materials within the city outside of lands used by a commercial enterprise selling such materials, before a building permit shall have been obtained for the construction in which the building materials shall be used shall prima facie constitute a violation of this section, if such materials are not removed when directed by the building official.

(d)

Supplemental procedure for removal of abandoned property. Chapter 705, "Lost and Abandoned Property" of the Florida Statutes is hereby adopted by reference as an ordinance of the city. The chief of police of the city and the building official of the city are hereby appointed as the enforcement officers of the provisions of such section. Either of such officers may enforce the ordinance adopted herein.

(Ord. No. 197, § 1, 10-22-1964; Ord. No. 330, § 1, 10-2-1969; Ord. No. 371, §§ 2, 3, 4-15-1971; Ord. No. 889, § 2, 8-18-1988; Ord. No. 1403, § 2, 12-2-2004)

State law reference

Abatement of nuisances by injunction, F.S. § 60.05; nuisances injurious to health, F.S. Ch. 386; public nuisances, F.S. Ch. 823.

Cross reference

Debris, trash, dense growth, as nuisance, § 10-22 et seq.