§ 66-28. Adjacent owners to maintain parkways and swales; sidewalks to be kept free of weeds.

(a)

For purposes of this section:

Nuisance means any growth of weeds to a height of 12 inches, or any rank vegetable growth which exhales unpleasant and noxious odors, or which may conceal filthy deposits, or harbor insects or any offensive matter or thing, or the accumulation of any undergrowth, debris, trash, rubbish or other insanitary accumulation which is likely to affect the health and safety of the community.

Parkway means the typically grassed area within any street right-of-way between the curbed pavement edge and the nearest street right-of-way line.

Swale means the typically grassed area within any street right-of-way between a non-curbed pavement edge and the nearest street right-of-way line.

(b)

Every owner, tenant, licensee, lessee, occupant, agent and person or entity entrusted with the care, custody or control of real property that shares a common boundary with a municipal street right-of-way shall maintain all abutting publicly-owned parkways or swales adjacent to the real property, except for sidewalks, in accordance with the minimum property maintenance standards of the city articulated in sections 18-15, 18-16 and 18-17.

(c)

Every owner, tenant, licensee, lessee, occupant, agent and person or entity entrusted with the care, custody or control of real property that shares a common boundary with a municipal street right-of-way shall keep all sidewalks, driveway aprons, driveways, curbing and pavement edges found lying within abutting publicly-owned parkways or swales adjacent to the real property reasonably free of weeds and vegetation.

(d)

It shall be unlawful for any owner, tenant, licensee, lessee, occupant, agent or person or entity entrusted with the care, custody or control of real property that shares a common boundary with a municipal street right-of-way to allow or permit a nuisance to exist on an abutting publicly-owned parkway or swale adjacent to the real property.

(e)

At the option of the city, this section may be enforced:

(1)

By notifying the owner of the real property of the existence of a violation in the same manner prescribed in section 38-27, in which case all of the procedures, rights, obligations, remedies and penalties found in sections 38-27 through 38-32 shall apply;

(2)

By notifying the owner of the real property of the existence of a violation in the same manner prescribed by the minimum property maintenance standards of the city, in which case all of the procedures, rights, obligations, remedies and penalties found in such standards shall apply; or

(3)

By any other manner authorized by general law or municipal ordinance including, but not limited to, F.S. ch. 162.

(f)

Any person in violation of this section shall be subject to the general penalty found in section 1-14.

(Ord. No. 2014-02, § 2, 2-17-14)