[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.]
As used in this chapter, the following terms
shall have the meanings indicated:
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:
Injures or endangers the comfort, repose, health
or safety of others.
Offends decency.
Is offensive to the senses.
Unlawfully interferes with, obstructs or tends
to obstruct or renders dangerous for passage any public or private
street, highway, sidewalk, stream, ditch or drainage.
In any way renders other persons insecure in
life or the use of property.
Essentially interferes with the comfortable
enjoyment of life and property, or tends to depreciate the value of
the property of others.
Is declared by ordinance to be a nuisance.
Any person, firm, partnership, association, company or organization
of any kind.
[1]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]
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.
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]
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.
The Code Enforcement Official and the Pinellas
County Sheriff's Department are hereby empowered to enforce the provisions
of this chapter wherever applicable.
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.
The following charges shall be assessed by the
city whenever work is done to abate a nuisance at the direction of
the city:
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.
