130-85 ORDINANCE NO. 130-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND SANI-
TATION'', ARTICLE II, "NUISANCES ON PROPERTY", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 13-13, "WEEDS, TRASH,
CERTAIN VEGETATION, ETC., DECLARED A PUBLIC NUISANCE~,
BY ADDING A NEW SUBSECTION (d), PROVIDING THAT OWNERS
OF PROPERTY CONTIGUOUS TO A RIGHT-OF-WAY SHALL BE
RESPONSIBLE FOR MAINTAINING THE UNIMPROVED PORTION OF
SUCH RIGHT-OF-WAY; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 13-13, "Weeds, trash, certain vegetation, etc,,
declared a public nuisance", of the Code of Ordinances of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
Sec. 13-13. Weeds, trash, certain vegetation, etc., declared a public nuisance.
(a) The existence of weeds, dead or living plant life, undergrowth,
brush, trash, filth, garbage, or other refuse on any lot, tract, or parcel of
land in the city, whether improved or unimproved, which has caused the
property to become, or which may reasonably cause the property to become
infested, or inhabited by rodents, snakes, vermin or wild animals, or may
furnish a breeding place for mosquitoes or threatens the public health, safety
or welfare, or may reasonably cause disease, or adversely affects and impairs
the economic welfare of other property, is declared to constitute a public
nuisance and is hereby prohibited, and every owner of real property in the
city has a duty to keep his property free of such nuisance at his expense.
The existence of weeds or other dead or living plant life or vegetation
which have attained a height of twelve (12) inches or more, and which exist
unimproved, shall be presumed to be detrimental to the public health, safety
and welfare, and thus shall be presumed to be detrimental to constitute a
public nuisance under the terms and conditions of this article.
(b) The existence of any kind of vegetation, including trees and
shrubs, upon any lot, tract, or parcel of land, improved or unimproved,
within the city, to the extent that such vegetation impairs or interferes with
traffic safety is hereby prohibited and declared to be a public nuisance.
(c) The existence of any kind of vegetation including trees and shrubs,
upon any lot, tract, or parcel of land, improved or unimproved, within the
streetlights, signs, sidewalks, or other public improvements is hereby pro-
hibited and declared to be a public nuisance.
(d) For purposes of this section, the terms "lot", "tract", and "parcel~
shall--{'~clude any conti~uous public, righ.t-of-way or easement, o{- portio.,n
thereof or public alle~rwa¥ to the centerline, upon which no publicly
maintained structural improvements exist or any planted area between the
property line and a p.~ved alley and every owner or person(s) havtn~
possession or in control of the eontit~uous real property shall ensure that the
adioining public right-of-way complies wit? the provisions of this article'.'
Nothing herein shall be ee,~strued to reqmre the maintenance of medians by
contiguous property owners or persons in control of such.
Section 2. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part tbereof other than the part declared to be invalid.
Section 3. That this ordinance shall become effective ten (10) days after its
passage on second and final r~ading.
PASSED AND ADOPTED in regular session on second and final reading on this
the 17th day of December , 19~5.
ATTEST:
First Reading. November 26, 1985
Second Reading December 17, 1985
2 ORD. NO. 130-85