Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
Code of Ordinances |
Chapter 12. Health, Sanitation, Nuisances, And Minimum Property Maintenance Standards |
Article III. Code Enforcement |
Division 4. Minimum Property Maintenance Standards |
§ 12-233. Exterior property areas
12-233.1 Sanitation and storage of materials. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. It shall be the duty of each property owner or household in this city to remove all debris, from his or her property, including the streets, alleys, and sidewalks bordering thereon, and keep same in good, clean, and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
No owner or occupant shall permit old or broken lumber, rusted or unused equipment, discarded refrigerators, discarded stoves, old pipe, scrap metal, or other used, discarded and worn, unsightly articles or materials to remain in any yard or open area owned, occupied or in the possession of such person for a period of more than ten (10) days.
Further, unless authorized by the zoning category of the property, no owner or occupant of a building, structure or premises may utilize such property for the open storage of abandoned, untagged, or inoperative motor vehicles, iceboxes, refrigerators, stoves, glass, building material, rubbish or similar items.
12-233.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
12-233.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
12-233.4 Grass, Weeds and overgrowth. It shall be the duty of each property owner or household in this city to remove all high grass, weeds or vegetation in excess of twelve (12) inches in height from their property including the portions of the right of ways such as but not limited to streets, alleys, and sidewalks bordering thereon. Trees, bushes, and shrubs must be maintained to avoid overgrowth that may impede, obstruct, or cause a safety hazard.
Exceptions:
a. Cultivated flowers and gardens are exempt unless it impedes, obstructs, or causes a safety hazard.
b. Undeveloped/unimproved parcels of five (5) acres or greater need only maintain the first twenty-five (25) feet of any side abutting any developed or improved parcel and all abutting public right-of-ways including but not limited to any street, highway, sidewalk or alley.
12-233.5 Dead trees, limbs, branches and accumulated landscaping materials. It shall be the responsibility of the owner and or occupant to remove and/or properly dispose of dead and/or downed trees, limbs, branches, bagged or piled grass clippings, bagged or piled leaves and other piles or accumulations of material resulting from landscaping or maintenance of a parcel of land or lots. Stumps resulting from the removal of dead trees will be ground to or below grade level as to prevent a hazardous condition.
12-233.6 Tree Declared Nuisance/ Dangerous.
a) Any tree extending over a street, alley, highway, or parking lot shall be trimmed by the property owner, or his authorized agent, on which the tree trunk is located, so as to provide a clear height above the street, alley, highway, or parking lot of not less than fourteen (14) feet.
b) Any tree extending over a sidewalk, or multi-modal trail shall be trimmed by the property owner , or his authorized agent, so as to provide a clear height above the sidewalk, or multi-modal trail of not less than eight (8) feet.
c) The property owner of any tree which extends over a street, alley, highway, parking lot, sidewalk, or multi-modal trail shall remove any and all dead branches from the tree which, if dislodged, are likely to fall upon the street, alley, highway, parking lot, sidewalk, or multi-modal trail.d) In the event that the property owner fails to meet the requirements of this section, then the City may issue a written notice of violation to the property owner giving fifteen (15) days to correct the violation. If the violation is not corrected within the given period of time then the City has the option of correcting the violation at the property owner's expense.
12-233.7 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
12-233.8 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
12-233.9 Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
12-233.10 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
12-233.11 Dangerous Conditions - General.
It is unlawful for any person to maintain or permit the existence of any condition that is a danger to life, health, or property within the City. Dangerous conditions include, but are not limited to, any unsecured structure, structures in violation of the Florida Building Code, The International Property Maintenance Code, The Uniform Code for the Abatement of Dangerous Buildings, trees in danger of falling, all or in part, unprotected excavations, improper storage of hazardous or toxic materials, any abandoned or stored refrigeration unit, appliance, derelict vehicle, derelict vessel, or other condition that could trap a person, in such a place as to be easily accessible to persons without first having made adequate provisions to prevent entry into such without having removed all latches, catches, locking devices or the door thereof, so that escape from the interior may be had, or otherwise ensure lack of access.
12-233.12 Motor vehicles. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any wrecked, junked, discarded, partially dismantled or non-operable motor vehicle to remain on such property for more than ten (10) days. This section shall not apply to a vehicle in an enclosed building, garage or carport; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
(Ord. No. 2016-02, § 1, 1-19-16; Ord. No. 2016-08, § 8, 06-21-16; Ord. No. 2018-06, § 9, § 10, § 11, 09-19-18; Ord. No. 2022-35, § 1, 07-19-22)