§ 5-216. Conditions constituting public nuisance.

It is a public nuisance for any person owning, leasing, occupying, or having charge of any commercial premises in this city to maintain, or permit to exist, such premises in such a manner that any one (1) or more of the following conditions exist thereon:

(1)

Any public nuisance known at common law or in equity jurisprudence as set forth in Chapter 823, Public Nuisances, of the Florida Statutes.

(2)

Any attractive nuisance which constitutes an imminent threat to the health, safety, and welfare of children, whether in a building, on the premises of a building, or upon an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, basements, or excavations; unprotected and/or hazardous pools, ponds, or other bodies of water; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.

(3)

Overcrowding a room with occupants, the number of whom exceeds the approved maximum occupancy load.

(4)

Insufficient ventilation or illumination.

(5)

Inadequate or unsanitary sewerage or plumbing facilities.

(6)

Whatever renders air, food or drink an imminent threat to the health, safety and welfare of human beings.

(7)

Any place or premises which have been determined by the city's code enforcement board, as per F.S. § 893.138, to have been used on more than two (2) occasions as the site of the unlawful sale, delivery, possession or storage of controlled substances.

(8)

Land, the topography, geology, or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, or to adjacent properties.

(9)

The failure to close, by such means as are acceptable to the chief building official, all doorways, windows and other openings into vacant structures.

(10)

Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief.

(11)

Vegetation, including dry grass, dead shrubs, dead trees, combustible refuse and waste, or any material growing upon the area between the traveled way and the property line, sidewalks or upon private property, which, by reason of size, manner of growth and location, would create any of the following: a condition likely to constitute a fire hazard to any building, improvement or other property, or, when dry, will, in reasonable probability, constitute a fire hazard; or a condition likely to harbor rats, vermin, or similar creatures constituting a health hazard.

(12)

Dead, decayed, diseased or hazardous trees, weeds or other vegetation constituting an imminent threat to health, safety and welfare.

(13)

Waste on the premises which, by reason of its location or condition, would materially hamper or interfere with the suppression of fire or the use of rescue or emergency vehicles upon the premises or adjacent premises.

(14)

All yards, swale areas, walkways, driveways, parking areas, vacant lots, landscape areas, and open space areas shall be properly maintained consistent with the following standards: they shall be free of refuse and debris; all paved areas shall be maintained reasonably free of holes and cracks; all landscaped material shall be maintained reasonably free of weeds and foreign matter and shall be kept in reasonably healthy condition at all times; and all dead material, including trees, shall be replaced consistent with the requirements of the landscaping code.

(15)

Whatever is dangerous to human life or is detrimental to health, as determined by the chief building official.

(16)

Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All siding material and other exterior surfaces of walls shall be kept in good repair. The term "good repair" shall include the requirement that the surface be kept reasonably clean and free from mildew or other substances which would alter its intended appearance. All exterior surfaces, except brick, stone or other materials not requiring application of a weatherproofing coating, shall be kept painted, with a good quality final coat of exterior paint (or equivalent substance), and any primer coating must be overlaid with a final coat of regular paint or equivalent. The final coat of paint or equivalent subject to the elements shall be maintained in such condition that its appearance does not show excessive fading, streaking, peeling, blistering, discoloring, cracking, or similar imperfections.

(17)

Care of premises. It shall be unlawful for the owner or occupant of a commercial building, structure, or property to utilize the premises for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items except as allowed by the zoning regulations. It shall be the duty and responsibility of every such owner or occupant to keep the premises of the property clean and to remove from same all such abandoned items as listed above, including, but not limited to, weeds, dead trees, trash, garbage, etc., upon notice from the code enforcement officer. Premises shall be kept free from health hazards, including debris accumulation and breeding conditions for mosquitoes.

(Ord. No. 97-22, § 1, 12-9-97; Ord. No. 08-22, § 1, 9-23-08)