§ 10.02.00. Definitions.

In addition to the definitions contained in Article I or Appendix B of this Code, the following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this article, except where the context clearly indicates a different meaning.

10.02.01 Department means the code enforcement division of the department of planning and development.

10.02.02 Nuisance, object or object nuisance means one of the following:

A.

Junk, consisting of unsightly, worn-out or discarded material of little or no residual value including scrap metal, scrap lumber, wastepaper products, discarded building materials, or other debris, the accumulation of which has an adverse effect upon neighborhood or county property values, health, safety or general welfare.

B.

Abandoned property, meaning any personal property, including motor vehicles, left in plain view under circumstances reasonably indicating that the possessor or owner thereof has relinquished any rights of ownership therein;

C.

A vehicle kept in the front yard of a residence on other than pavement or in a driveway, whether such driveway is paved or unpaved;

D.

Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rages (rags), offal, bricks, concrete, lumber, building materials, or dead or decaying animals or plants (except for plant compost piles);

E.

Any building or structure, or part thereof, which is in a dilapidated, unsanitary or unsafe condition, or which constitutes a fire hazard;

F.

Any building, structure, lot, place or location where any activity in violation of law is conducted, performed maintained or allowed;

G.

Stagnant or insufficiently treated water, in a pool or container of any kind, including water in which algae is allowed to grow or in which mosquitos or other insects are able to breed;

H.

Animal excrement;

I.

Wrecked or unlicensed vehicles, which are (See also Okeechobee County Code, Part II, Section 2.07.00):

1.

Wholly or partially within any public right-of-way or on any public property;

2.

On property for which a current and valid occupational license has been issued for any automobile, truck, or motor vehicle business, not kept, stored, or maintained at least 15 feet from the paved edge of the nearest roadway, at all times;

3.

On property having a land use and zoning designation for commercial use, and having a current and valid occupational license for a commercial business (but not holding valid occupational license for an automobile, truck, or motor vehicle business),

a.

All unlicensed vehicles that are not kept, stored or maintained at least 15 feet from the paved edge of the nearest roadway at all times;

b.

All unlicensed vehicles allowed to remain on any property for a period in excess of 30 days in any 90-day period, unless such vehicle is kept, stored or maintained within a fully enclosed building or legally permitted opaque fenced storage area. Any such vehicle found on the same property, outside of an enclosed building or opaque fenced storage area, during two separate inspections by the county more than 30 but less than 90 days apart, shall be presumed to have remained on the subject property outside of an enclosed building or opaque fenced storage area for in excess of 30 days in any 90-day period, irrespective of whether said vehicle had been removed during said period;

J.

On properties intended for, or containing residential uses, all wrecked or unlicensed vehicles that are not, at all times, fully screened by wall or fence from public rights-of-way and from adjacent residential properties;

K.

Nuisance weeds, excluding trees, shrubs and saw palmetto, in excess of 20 inches in height which impair the economic welfare of property, contribute to a fire hazard, or create a health hazard, when any part of the growths are located on any developed lot;

L.

The storage or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles, appliances, household goods, machinery or their parts outside of parcel zoned and permitted for such use, or in violation of the conditions contained in a special exception permitting such use. Failure to have a current license and registration shall create a rebuttable presumption in favor of the existence of a nuisance;

M.

Derelict or abandoned mobile homes, trailers, manufactured homes, recreational vehicles, conventional homes, dwellings, buildings or structures;

N.

Partially erected structures or buildings where there exists no valid building permit;

O.

Any mobile home, trailer, manufactured home, recreational vehicle, conventional home, dwelling or building not in substantial compliance with applicable state statutes and regulations as well as Section 7.08.03 of the Okeechobee County Minimum Housing Code incorporated by Article VIII into this Code;

P.

Any sign in violation of Article IX of this Code.

Q.

Any public or private real or personal property upon which graffiti is permitted to remain visible from public property, including public rights-of-way, for a period of more than ten days.

10.02.03 Nuisance, condition or condition nuisance means a certain state of being or situation located on property which:

A.

Injures or endangers the comfort, repose, health or safety of any reasonable person; or offends decency;

B.

Is offensive to the senses of a reasonable person;

C.

Interferes with, obstructs or renders dangerous for passage on any public street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel, or swale;

D.

Renders other persons insecure in life or the use of property;

E.

Interferes with the comfortable and quiet enjoyment of life or property;

F.

Tends to or could depreciate the value of property of any persons;

G.

Is declared by ordinance or statute to be a nuisance, unlawful or prohibited;

H.

Any trash, litter, debris, garbage, bottles, paper, plastic, metals, cans, rags, offal, bricks, concrete, lumber, building materials, or dead or decaying animals or plants (except for plant compost piles);

I.

On properties in residential subdivisions, the storage or use of flammable, explosive or hazardous materials of a nature or quantity not reasonably or customarily stored or used for residential purposes;

J.

Any condition which provides, or could provide, harborage for rats, mice, snakes, insects or other vermin;

K.

On properties in residential subdivisions, any foul, offensive or unlawful emissions, odors or stenches not reasonably or customarily found or maintained in conjunction with residential uses; and the causes thereof;

L.

The unlawful pollution of any well, body of water or stormwater drainage system by sewage, dead animals, industrial waste, debris or other substances;

M.

Discharge without required permits of dense smoke, noxious or lethal fumes, lethal gas, soot or cinders;

N.

Any condition constituting a fire hazard;

O.

Blocking or restriction of drainage inlets, outlets, pipes, ditches, swales, channels, culverts or streams without first obtaining all necessary governmental consents and permits. For the purpose of this section, activities in violation, or beyond the scope of an existing permit shall be considered to have been done without the necessary permit.

P.

Graffiti allowed to remain visible from public property, including public rights-of-way, for a period of more than ten days.

10.02.04 Private property means any real property within the unincorporated area of the county which is privately owned and is not defined as public property.

10.02.05 Public property means lands and improvements owned by the federal government, the state, a county or municipality and includes sovereignty submerged lands located adjacent to the parkways, rights-of-way and similar public property.

10.02.06 Screen means to visually conceal from vehicular traffic and pedestrians on public rights-of-way and from adjacent single-story residences.

10.02.07 Vehicle means any vehicle, conveyance, cart or trailer, designed to travel along the ground or water. This includes, but not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, cargo, utility, boat or specially trailer, go-carts, golf carts, motor homes and recreational vehicles, water crafts.

10.02.08 Wrecked vehicle means any vehicle the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power, or in the case of a trailer, being drawn, on any public street, or from which the wheels, engine, transmission or other substantial part thereof is or are removed.

10.02.09 Graffiti means any inscription, word, figure, painting or other defacement visible from public property, including public rights-of-way, that is written, marked, etched, sprayed, drawn, painted, engraved or otherwise affixed to any surface of any public or private property by an implement such as an aerosol paint container, marker, gun label, paint stick, graffiti stick, etching equipment, brushes or any other device capable of scarring or leaving a visible mark on any natural or manmade surface made without the prior written consent of the property owner. In the event of such consent, a copy thereof shall be filed with the county planning and development department prior to the application of the graffiti to enable the county to advise the property owner whether a sign permit is required pursuant to this Code.

(Ord. No. 2008-02, § 5(Exh. E), 5-22-08)