It is the policy of the City of Belleair Bluffs to promote the general health and welfare of the community by enumerating those activities which constitute a nuisance.

Editor's note— Amended at time of adoption of code (see Ch. 1, General Provisions, Art. II).

A.

For the purposes of this article, the following terms shall have the meanings indicated:

DEFECTIVE CONSTRUCTION — Any construction which does not conform to the standards stated in the Florida Building Code.

DETERIORATION — A condition of maintenance that detracts from or degrades the standards of the neighborhood, including but not limited to visible structural disrepair, peeling paint or rotting wood.

DILAPIDATION — A state of neglect of a building which allows it to fall into an unsafe, unsound, illegal or unsightly condition.

NUISANCE — Any person doing an unlawful act or omitting to perform a duty or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

(1)

Injures or endangers the comfort, repose, health or safety of others;

(2)

Offends decency;

(3)

Is offensive to the senses;

(4)

Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;

(5)

In any way renders other persons insecure in life or the use of property; or

(6)

Essentially interferes with the comfortable enjoyment of life and property or tends to depreciate the value of the property of others.

STANDARDS OF THE COMMUNITY — The general physical appearance of buildings, lots, lawns, roads, driveways, parks and beaches as related to neatness, cleanliness and established aesthetic values.

UNLAWFUL — A violation of any Florida Statute or a Belleair Bluffs ordinance or the regulations of a federal, state or county agency adopted pursuant to law.

UNSAFE BUILDING — Any building or structure that has any of the following conditions such that the life, health, property or safety of its occupants or the general public are endangered or property values of others are adversely affected:

(1)

Any means of egress or portion thereof is not of adequate size or is not arranged to provide a safe path of travel in case of fire or panic.

(2)

Any means of egress or portion thereof, such as but not limited to fire doors, closing devices and fire-resistive ratings, is in disrepair or in a dilapidated or nonworking condition such that the means of egress could be rendered unsafe in case of fire or panic.

(3)

The stress in any material, member or portion thereof due to all imposed loads, including dead load, exceeds the stresses allowed in the Florida Building Code for new buildings.

(4)

The building, structure or portion thereof has been damaged by fire, flood, earthquake, wind or other cause to the extent that the structural integrity of the building or structure is less than it was prior to the damage and is less than the minimum requirement established by the Florida Building Code for new buildings.

(5)

Any exterior appendage or portion of the building or structure is not securely fastened, attached or anchored such that it is capable of resisting wind, seismic or similar loads as required by the Florida Building Code for new buildings.

(6)

If for any reason the building, structure or portion thereof is manifestly unsafe or unsanitary for the purpose for which it is being used.

(7)

The building structure or portion thereof is likely to fully or partially collapse as a result of decay, deterioration or dilapidation.

(8)

The building, structure or portion thereof has been constructed or maintained in violation of a specific requirement of the Standard codes or of a city, county or state law.

(9)

Any building, structure or portion thereof is in such a condition as to constitute a public nuisance.

(10)

Any building, structure or portion thereof is unsafe, unsanitary or not provided with adequate egress or which constitutes a fire hazard or is otherwise dangerous to human life or which, in relation to existing use, constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment.

(11)

"Unsanitary," as defined in Chapter 386.01 of the Florida Statutes.

B.

The definitions and descriptions enumerated in this section are supplemental to the definitions and remedies stated in Sections 60.05; 705.103; 823.05 and Chapter 163 of the Florida Statutes or other nuisances prohibited by Florida Statutes.

(Amended 3-15-1993 by Ord. No. 93-2; amended 11-14-2022 by Ord. No. 2022-17, § 1; Amended 9-18-2023 by Ord. No. 2023-04, § 1)

A.

It shall be unlawful for any person to create or allow or permit a nuisance condition, as defined herein, to exist or continue.

B.

This article is designated as the article on nuisances and is for the mutual benefit of all the property owners in the community of Belleair Bluffs and is intended to maintain the present standards of the community.

A.

The maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public or private property of any of the following items, conditions or actions is hereby declared to be and constitute a nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:

(1)

Excessive growth of weeds or grasses exceeding 12 inches in height.

(2)

An intermixed or dense uncared-for growth of trees, plants, vines, or brush.

(3)

Junked or inoperative vehicles.

(a)

Any worn-out or scrapped or partially dismantled or nonoperative vehicle; unusable or discarded materials or objects such as automobiles or parts thereof; lumber, building materials, machinery, metal, rubbish, refuse, wastepaper, rags, glassware, tinware, vehicles, boats, or part thereof; or other items of junk or abandoned materials, except as otherwise allowed by law.

(b)

"Nonoperative vehicle" shall mean any vehicle which is:

[1]

Without a currently valid license plate or other registration certificate showing said vehicle or part thereof to be titled in the name of the owner or occupier of the property upon which said vehicle or part thereof is located;

[2]

Allowed to remain on said property although titled in the name of another;

[3]

Wrecked, discarded, dismantled, or partially dismantled; or

[4]

Physically or mechanically incapable of being or legally not permitted to be operated on the public streets.

(c)

Exception: This section shall not apply with regard to such vehicles or parts thereof, building materials, machinery metal, rubbish, refuse, wastepaper, rags, glassware, tinware, boats, or parts thereof or other items of junk or materials when kept or stored in an enclosed building.

(d)

In addition to the restrictions in this section, sections 140-2 through 140-5 of the code of the City of Belleair Bluffs shall apply to abandoned or wrecked vehicles.

(4)

The carcasses of animals or fowl not disposed of within a reasonable time after death.

(5)

Any building or structure in which any of the following conditions are found to exist:

(a)

An unlawful use.

(b)

Defective construction.

(c)

A state of deterioration or a state of dilapidation.

(d)

A fire hazard or a violation of fire district regulations.

(e)

Unsafe.

(f)

Unsanitary.

(g)

A menace to public health or safety.

(h)

Emission of obnoxious odors or fumes.

(i)

Being in a state of repair or maintenance as to structural conditions or grounds condition which falls below the standard of the community and has the effect of lowering property values in the surrounding area.

(6)

Abandonment of a home or property.

(7)

Accumulation of sand, grass, weeds, or other debris in roadway gutter. It shall be the responsibility of property owners to see that the roadway gutter adjacent to their property is cleaned to the extent that sand, grass, weeds, or other debris does not impede the flow of water.

(8)

Litter. Sections 106-1 through 106-18 of the code of the City of Belleair Bluffs shall regulate the control of litter within the city.

B.

Penalty. Any person or persons who shall violate the provisions of this section shall be subject to a fine of not more than $100.00. Each day a violation exists shall be deemed a separate offense.

(Amended 11-14-2022 by Ord. No. 2022-17, § 2; Amended 9-18-2023 by Ord. No. 2023-04, § 2)

The following categories of noise pollution shall be deemed to constitute a nuisance and may be cited as a violation of this code:

A.

No person owning or in charge of any dog or animal shall suffer or permit such dog or animal to disturb the peace and quiet of the neighborhood by barking or making other loud or unusual noises at any time of the day or night.

B.

No person shall operate or allow to be operated any motor vehicle, motorcycle, motorbike, motorboat, jet ski or other motor-operated device, such as generators, chain saws or lawn maintenance equipment, in such a manner so as to create a noise of such character, duration or intensity as to be detrimental to the life, health or welfare or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose or peace of any individual.

C.

No person shall operate or cause to be operated any sound device, musical instrument, radio, stereo or tape or disc machine, either in a premises or in or on any moving vehicle, in such a manner as to create a noise of such character, duration or intensity as to be detrimental to the life, health or welfare or which either steadily or intermittently annoys, disturbs, injures or endangers the comfort, repose or peace of any individual.

It shall be unlawful for any person who shall own, control or occupy any lot, parcel of land or premises in the city to allow weeds or grasses to grow upon such lot, parcel of land or premises to a height exceeding 12 inches.

A.

Offensive accumulation. It shall be unlawful for the occupant or owner of any house, yard, store, lot or parcel of land to refuse to keep the same clean or to permit any trash, weeds, grasses or any offensive matter of any kind to accumulate in or upon such premises; and such accumulation shall be deemed to be a public nuisance.

B.

Order to remove growth or trash. When, in the opinion of the Public Works Department, the public health is impaired by the excessive growth of any weeds, grasses, shrubs, brush or other growths or the accumulation of trash, building materials, debris or other material liable to be a source of danger to the public health, safety or welfare on any lot, tract or parcel of land within the city in violation of Subsection A of this section, the Public Works Department shall notify the owner of record of the property, by registered mail at the owner's address as shown in the latest Pinellas County tax roll, of such violation and that such violation must be corrected and the property brought into compliance with this code within 15 days of the date of said notice. The owners, custodians or persons in possession may present their objection to the Public Works Department's determination, in writing, to the Public Works Department within the fifteen-day compliance period. In the event that the Public Works Department does not respond to the objections of the owners, custodians or persons in possession within said time to their satisfaction, said owners, custodians or persons in possession may appeal to the City Commission, which shall promptly consider said appeal at the next regularly scheduled meeting for which the appeal can be placed on the Board's agenda.

C.

Failure to comply.

(1)

Removal by the city. If the property owner shall fail to comply with the conditions of the notification to correct the violation or shall otherwise have filed a written notice of appeal with the Mayor, the Mayor shall have the weeds, grasses, shrubs, brush or trash or offensive matter removed from said property.

(2)

Cost assessment. The city shall assess the costs of such removal against the property, including the costs of postage and administrative expense as established by resolution of the City Commission; and any costs incident thereto shall be a lien against such property; and the City Clerk shall file in the public records of Pinellas County a lien reflecting such amounts, which lien shall be collected as to other taxes or assessments and may be foreclosed in accordance with the provisions of law.

(3)

Repeat of violation. In the event that any tract or parcel of land within the city shall be in violation of Subsection A of this section and shall require more than one notification of violation during any calendar year of such violation, the Public Works Department, in addition to any costs provided for hereinabove, shall impose a penalty in an amount as determined by a resolution of the City Commission for each notification subsequent to the first notification during a calendar year.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-21-05 by Ord. No. 2005-25, § 1)

Other nuisances as prohibited by the Florida Statutes are prohibited by this article.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1)

When any of the conditions of sections 102-158, 102-159, or 102-160 exist on private property, the owner of record as listed in the Pinellas County Tax Collector's Office shall be given written notice by registered or certified mail of a violation and given not less than seven (7) calendar days after receipt of the notice that a public hearing will be conducted before the City Commission to allow the alleged offender to be heard. The time and dale of the hearing will be stated in the notice.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-14-2022 by Ord. No. 2022-17, § 3; Amended 9-18-2023 by Ord. No. 2023-04, § 3)

The notice to abate a nuisance issued under the provisions of this article shall contain:

A.

An order to abate the nuisance, which shall be reasonable under the circumstances;

B.

The location of the nuisance, if the same is stationary;

C.

A description of what constitutes the nuisance;

D.

A statement of acts necessary to abate the nuisance;

E.

A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city may, under appropriate circumstances, abate such nuisance and assess a charge therefor against such person.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1)

The notice to abate a nuisance shall be served as any other legal process may be served pursuant to law.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 2-22-2005 by Ord. No. 2005-05, § 1; Amended 9-18-2023 by Ord. No. 2023-04, § 4)

On the appointed day, the person receiving notice of a nuisance shall appear before the City Commission and present his evidence as a defense to the notice of nuisance. The City Administrator shall present evidence in support of the notice of nuisance. At the conclusion of this presentation of the evidence, the City Commission shall make a finding, either finding a nuisance exists or dismissing the notice of nuisance. If no person appears to oppose the notice of nuisance, the City Commission may make its finding on the evidence submitted.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-14-2022 by Ord. No. 2022-17, § 4)

If a nuisance is found to exist, the responsible party shall be given seven days to abate the nuisance. Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this article to abate the same, the City Administrator or other duly designated official of the city may, under appropriate circumstances, proceed to abate such nuisance and shall prepare a statement of cost incurred in the abatement thereof.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-14-2022 by Ord. No. 2022-17, § 5)

When, in the opinion of the City Administrator or other duly designated official, there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the City Administrator or duly designated official is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The Mayor or other duly designated official shall immediately post the premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-14-2022 by Ord. No. 2022-17, § 6)

When it becomes necessary for the city to abate a nuisance, the following charges shall be assessed to the property owner:

A.

For the abatement of conditions as set forth in sections 102-158, 102-159, or 102-160:

(1)

The charge shall be as established by resolution of the City Commission; or

(2)

The actual cost of contracting the work out to a private agency.

B.

Administrative charge. In addition to the abatement charges as listed above, there shall be an administrative charge assessed when a notice to abate a nuisance is required. This administrative charge shall be assessed to the property owner.

C.

All charges as listed above may be amended from time to time by the Commission and shall become effective upon the passage of a duly adopted resolution.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1; amended 11-14-2022 by Ord. No. 2022-17, § 7; Amended 9-18-2023 by Ord. No. 2023-04, § 5)

A.

Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this article shall constitute a lien against the real property upon which such nuisance existed and, until fully paid and discharged, shall remain liens equal in rank and dignity with the city ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property assessed.

B.

The owner or party in interest in whose name the property appears on the last local tax assessment records shall be notified of the amount of such cost by certified mail at the address shown on the records. If such owner or party in interest fails to pay the same within 30 days after the date of notification, the lien shall be duly recorded in the office of the Clerk of the Circuit Court in and for Pinellas County.

(Amended 2-22-2005 by Ord. No. 2005-04, § 1)