35-83 ORDINANCE NO. 35-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 13, "HEALTH AND
SANITATION", ARTICLE II, "NUISANCES ON PROPERTY", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 13-13(a), "WEEDS, TRASH,
CERTAIN VEGETATION, ETC., DECLARED A PUBLIC NUISANCE",
TO ADD A PROVISION DECLARING THAT WEEDS OR OTHER DEAD
OR LIVING PLANT LIFE OR VEGETATION WHICH HAVE ATTAINED
A HEIGHT OF TWELVE (12) INCHES OR MORE, AND WHICH EXIST
ON ANY LOT, TRACT, OR PARCEL OF LAND IN THE CITY,
WHETHER IMPROVED OR UNIMPROVED, SHALL BE PRESUMED TO
BE DECLARED A PUBLIC NUISANCE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, does hereby
find and deem that the existence of weeds or other dead or living plant life or vege-
tation which have attained a height of twelve (12) inches or more, and which exist on
any lot, tract, or parcel of land in the City, whether improved or unimproved, shall be
presumed to be declared a public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 13, "Health and Sanitation", Article II, "Nuisances
on Property", Section 13-13(a), "Weeds, trash, certain vegetation, etc., declared a
public nuisance", is hereby amended to read as follows:
(a) The existence of weeds, dead or living plant life, undergrowth,
brush, trash, f'zlth, garbage, or other refuse on any lot, tract, 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 vege-
tation which have attained a height of twelve (12)'inches or more, and which
exist on any lot, tract, or parcel of land in the city, whether improved or
unimproved, shall be presumed to be detrimental to the public health, safety
and welfare, and thus shall be presumed to constitute a public nuisance
under the terms and conditions of this ArtiCle.
Section 2. That should any section or provision of this ordinance or
any portion there'of,~ 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 thereof 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 reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 24th day of May , 1983.
ATTEST:
City ~l~e rk
First-Reading May 10 1983
Second Reading' May24, 1983
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