City of South Pasadena, FL
Pinellas County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of South Pasadena 11-17-1987 as Ord. No. 87-20 (Ch. 12, Art. IV, of the 1984 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 73.
Building construction and uniform codes — See Ch. 83.
Housing standards — See Ch. 115.
Littering — See Ch. 133.
Noise — See Ch. 141.
Solid waste — See Ch. 172.
Abandoned vehicles — See Ch. 187.
Watercraft and waterways — See Ch. 193.

§ 143-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
NUISANCE
The doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting of any condition or thing to be or exist, which act, omission, condition or thing either:
A. 
Injures or endangers the comfort, repose, health or safety of others.
B. 
Offends decency.
C. 
Is offensive to the senses.
D. 
Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage.
E. 
In any way renders other persons insecure in life or the use of property.
F. 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
G. 
Is declared by ordinance to be a nuisance.
PERSON
Any person, firm, partnership, association, company or organization of any kind.
[1]
WILD ANIMALS
Any animals which do not live with a human being, kept under said human being's control. This term includes all wild birds.
[Added 6-10-1997 by Ord. No. 97-18]
WILD BIRDS
Any birds which do not live with a human being, kept under said human being's control.
[Added 6-11-1996 by Ord. No. 96-03]
[1]
Editor's Note: Original Subsection (c), which defined "nonoperative vehicles" and which immediately followed this subsection, was deleted 4-27-1993 by Ord. No. 93-08.

§ 143-2 Certain nuisances enumerated.

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 are hereby declared to be and constitute a nuisance; provided, however, that this enumeration shall not be construed as a designation of all nuisances:
A. 
Any weeds, such as broom grass, jimson, burdock, ragweed, sandspur or lawn turf of any type other than recognized native xeriscaping, trees, ornamental bushes, shrubs or flowers that exceed nine inches in height.
[Amended 8-26-2003 by Ord. No. 2003-05]
B. 
Accumulation of trash, litter, debris, garbage, bottles, paper, cans, rags, dead or decayed fish, fowl, meat or other animal matter; fruit, vegetables, offal, bricks, concrete or other building debris; or other refuse of any nature.
C. 
Any condition which provides harborage for rats, mice, snakes and other vermin.
D. 
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
E. 
All unnecessary or unauthorized noises and annoying vibrations in excess of the levels allowed by Pinellas County regulations, including animal noises, which tend to disturb the peace of the surrounding area.
F. 
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other cause which give rise to the emission or generation of such odors and stenches.
G. 
The carcasses of animals or fowl not disposed of within a reasonable time after death.
H. 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
I. 
Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
J. 
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground in which mosquitoes or other insects are likely to breed.
K. 
Dense smoke, noxious or lethal fumes, lethal gas, soot or cinders.
L. 
Any condition constituting a fire hazard.
M. 
Any worn-out, scrapped, partially dismantled, nonoperative, unusable or discarded materials or objects, such as automobiles or parts thereof, building materials, machinery, metal, wastepaper, rags, glass, vehicles, boats or parts thereof, or other items of junk, except as otherwise allowed by law.
N. 
Failure by any person in charge of a dog to immediately remove excrement of such dog deposited on any public property, including, but not limited to, municipal parks and public rights-of-way, or on private property not belonging to the owner or person in charge of the dog.
O. 
Parking or permitting others to park more than four (4) motor vehicles on any parcel of land zoned single-family residential for any five (5) consecutive twenty-four-hour periods during any consecutive thirty-day period is prohibited.
P. 
Feeding by placing or making available any food (substance which is edible) in any location where wild animals have access to the food. This includes bird feeders, except pigeon- and squirrel-proof feeders approved by the Director of the Community Improvement Department in single-family residences, provided that the feeder is located in the rear yard.
[Added 6-11-1996 by Ord. No. 96-03; amended 6-10-1997 by Ord. No. 97-18]
Q. 
Any unshielded artificial lighting or reflective material that causes light to shine or be reflected onto the property of others in a manner that interferes with the peaceful enjoyment of the neighboring property or creates a safety hazard for traffic.
[Added 8-26-2003 by Ord. No. 2003-05]
R. 
Property in the commercial general land use category with dead landscaping, brown turf, shrubs with no foliage, weeds, insect infestation, parking lots with pot holes, rusted signs, structures with collapsing walls or roofs, peeling paint, graffiti, broken windows or any other condition that suggests blight.
[Added 1-13-2009 by Ord. No. 2008-14]

§ 143-3 Nuisances prohibited.

It shall be unlawful for any person to create a nuisance, or suffer or permit a nuisance to exist, upon property which is under his care, custody or control, and upon being found guilty by a court of competent jurisdiction of violating any provisions of this chapter, such person shall be subject to the penalties as set forth in Chapter 1, General Provisions, Article II, of this Code.

§ 143-4 Enforcement.

The Code Enforcement Official and the Pinellas County Sheriff's Department are hereby empowered to enforce the provisions of this chapter wherever applicable.

§ 143-5 Alternative enforcement procedures.

A. 
If the Code Enforcement Officer determines that a condition exists which violates any part of this chapter and that it would be in the best interest of the public health, safety and general welfare of the people of the city or the city itself to abate said nuisance instead of issuing a citation for the violator to appear in court, either of the following procedures may be used:
(1) 
If possible, notice shall be given to the violator in person or by certified mail, return receipt requested, to his last known address.
(2) 
If the name or address of the violator cannot be determined after reasonable inquiry, then the notice shall be physically posted or attached to the premises, vehicle or other object involved.
B. 
Said notice shall be reasonably calculated to inform any interested person of the nature of the violation and notify him that unless the condition is remedied within thirty (30) days as stated therein, the city shall proceed to remedy the condition and that all costs of the work to remedy the condition, advertising costs (if applicable), administrative costs and other expenses as accrued will be charged to the violator and, if unpaid after sixty (60) days, shall be imposed as a lien on the property involved.
C. 
If the condition is not remedied within the time specified in the notice, the Code Enforcement Officer shall cause the nuisance to be abated by the city or independent contractors employed by the city, at the expense of the violator.

§ 143-6 Fees for abatement of nuisances.

The following charges shall be assessed by the city whenever work is done to abate a nuisance at the direction of the city:
A. 
An administrative fee in an amount as set forth from time to time by resolution of the City Commission[1] for administrative and clerical work done by the city.
[Amended 4-27-1993 by Ord. No. 93-08]
[1]
Editor's Note: See Ch. A198, Fees.
B. 
Charges shall be assessed in an amount equal to the cost to the city to have such work accomplished, in addition to the administrative fee set forth above.

§ 143-7 Provisions to be considered supplemental.

This chapter shall be supplemental to all other ordinances and laws and shall be deemed to provide supplemental, additional and alternative procedures. Any action taken pursuant to this chapter shall be considered cumulative and in addition to penalties and to other remedies provided elsewhere by ordinance or other law.