It is found and declared that:

A.

The deterioration of buildings and property, through neglect and failure to maintain and repair, creates an unsightly appearance, lowers property values, and has a deleterious effect on the use and enjoyment of surrounding properties.

B.

There is a clear connection between urban blight and crime, as established by studies conducted by various federal, state and local authorities.

C.

Allowing the deterioration of buildings and property is detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the residents of the county.

D.

That permitting either objects or conditions which constitute nuisances to remain unabated endangers the health, safety and welfare of adjoining residents and the county as a whole.

E.

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, safety, welfare and repose of the county and its inhabitants.

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

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 12 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.

R.

The existence of excessive accumulation or untended growth of weeds, grass, undergrowth, brush or other dead or living plant life on an improved, unimproved, developed or undeveloped parcel of land that is or may reasonably become infested or inhabited with rodents, vermin, wild animals, or snakes; may pose a fire hazard; threaten or endanger the public health and welfare; pose an attractive nuisance for children; may reasonably cause disease; or adversely affect and impair the economic welfare of a property, where the nuisance condition is within 100 feet of an adjacent property.

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; Ord. No. 2021-0001, Att. 1, 8-12-21)

No person in charge of or in control of any object or condition within the unincorporated areas of Okeechobee County, whether as owner, tenant, occupant, lessee or otherwise, shall allow any such object or condition which has herein been defined as a nuisance by this article to remain on any private or public property within the unincorporated areas of the county nor shall the owner or person in control of real property within the unincorporated areas of Okeechobee County allow such condition or object on the property, except that this article shall not apply to any object which is kept out of sight in a fully enclosed building or where the object or condition is on the property of a business which has a specific and licensed purpose consistent with the storage, maintenance or display of such object or condition and which is being operated lawfully as provided by the Code of Ordinances.

No owner or person in control of private property within the unincorporated areas of Okeechobee County shall allow any such object or condition which has herein been defined as a nuisance by this article to remain on any public property, including but not limited to any right-of-way, ditch, or swale, lying between the private property and the street or streets abutting the private property.

(Ord. No. 2008-02, § 5(Exh. E), 5-22-08; Ord. No. 2021-0001, Att. 1, 8-12-21)

It shall be unlawful for the owner or occupant of any building located in the unincorporated area of the county to allow such building to become or to remain in such a sate of deterioration or disrepair that:

A.

The paint on an exterior wall is eroded or missing to the point that the stucco, wood or other underlying building material is visible on any portion of the building from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes; or

B.

The paint on an exterior wall is discolored to such an extent that such discoloration is clearly visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes; or

C.

A crack or hole in an exterior wall is visible on any portion of the building from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes; or

D.

One or more broken or damage windows, doors, shutters, gutters, soffits, skirting, fascia, or door or window screens of the building are visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes; or

E.

Tiles or shingles are missing from the roof surface to the extent that such absence is visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes.

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

It is determined by the board of county commissioners that any nuisance declared by this article which is found upon any developed lot or parcel, or lot or parcel adjacent to a developed lot or parcel in the unincorporated area of the county, shall be abated in its entirety.

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

The department is hereby designated as the investigating and enforcing authority pursuant to the provisions of this article. The department is hereby directed and empowered to inspect land on which a nuisance is suspected to exist, to receive all complaints of a violation of this article, and to enter upon any real property in the conduct of official business pursuant to this article and process any violations by citation, appearance before the code enforcement board, criminal complaint, or injunctive relief, in accordance with the provisions of Section 13.10.00 et seq.

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

A.

Conditions precedent. Following citation or appearance before the code enforcement board, and expiration of the time allowed for the abatement of the nuisance, should the director of planning and development determine that the subject object or condition remains a nuisance which constitutes a significant threat to the public health, safety or welfare, he shall send a pre-abatement notice to the owner of the property on which the nuisance exists in the manner utilized by the clerk of the circuit court in advising of an application for an ad valorem tax sale, that the nuisance is subject to being abated by the county at the owner's expense. Should the owner fail as such, that the owner has failed to abate the nuisance within the time allowed in the notice, allowed time, or that after diligent search and inquiry the effort on the part of the director to contact the owner has failed, the director may abate the nuisance. The director, through his agents or authorized contractors, is authorized to enter upon the lot and take such steps as are reasonably necessary to effect abatement. Where the nuisance is located in whole or part upon public property and it is readily apparent that the owners or occupiers of adjacent private property have caused the nuisance, the assessment and lien described in this part shall be place against such adjoining private property. Where the nuisance is located in whole or part upon public property and it is not readily apparent that the owners or occupiers of adjacent private property have caused the nuisance, the cost of abatement together with the administrative and operating expense, interest and a reasonable attorney's fee may be recovered from those responsible for the nuisance by means of a civil action in a court of competent jurisdiction.

B.

Abatement without notice. Should the director of planning and development determine that the nuisance constitutes an immediate threat to the public health, safety or welfare, the nuisance may be abated by the county prior to notice, citation or disposition by the code enforcement board. In all cases, nuisances existing on public property may be abated without notice.

C.

Assessment of costs. As soon after such abatement as feasible, the cost, plus an amount equal to such cost to defray administrative and operating expenses for abating the nuisance on each lot, shall be calculated and reported by the director to the board of county commissioners. Such additional charges are hereby declared to be necessary for the purpose of inspection, administration and enforcement of this article. Thereupon, the board of county commissioners, by resolution, shall levy a special assessment lien on the property subject to the abatement in the amount of such cost plus administrative expense against such lot. Such resolution shall describe the lot property and show the total cost assessed. Until payment is competed, such assessments shall be a legal, valid and binding obligation and lien upon the property. The assessment shall become due and payable to the county as of the date of the resolution and shall bear interest from that time at the statutory rate in effect on the date of the resolution as determined by the Florida Secretary of State.

D.

Notice of resolution. The director shall mail a copy of the resolution to the record owner of each parcel described in the resolution, by certified mail, return receipt requested, to the address indicated on the most recent tax roll for such owner unless a more recent address is revealed in preparing the pre-abatement notice required in this article.

E.

Recording of resolution/lien. As soon as possible after the assessment has been made by the resolution of the board of county commissioners, a certified copy of the resolution shall be recorded in the official records of the county in the office of the clerk of the circuit court and shall thereafter be considered a lien on the real property described in the assessment.

F.

Effect of lien. The lien, together with interest thereon and a reasonable attorney's fee, may be enforced by civil action, including foreclosure in the appropriate court of the county. The liens created by this section shall be a first lien equal in dignity and priority to a lien for non payment of property taxes on the real property described in the assessment and shall continue in full force from the date of recording until discharged by satisfaction or foreclosure.

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

Notwithstanding any other provisions of this article to the contrary, the mowing provisions of this article shall not apply to any property within the unincorporated area of the county which is zoned agriculture (a) and used for bona fide agricultural purposes. Nor shall any lot in an undisturbed natural state or condition be required to abate a nuisance consisting solely of nuisance weeds. Lots that have been previously cleared, graded, filled or planted shall not be deemed to be in an undisturbed natural state or condition.

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