(a) Streets and sidewalks. The owner(s) of all real property within the city abutting a public or private street or sidewalk shall not permit and it shall be unlawful to permit the growth of grass, weeds, or other flora into or over such street or sidewalk, and such owners(s) shall not allow a tree(s) or any part thereof to extend over a street or sidewalk below a height of ten (10) feet or the roots of a tree to break or raise up such street or sidewalk, or allow a tree or any part thereof to extend over a road, street or right-of-way below a height of fourteen (14) feet.
(b) Swales, rights-of-way and alleys.
(1) The owner(s) of all real property within the city abutting a public or private swale, right-of-way or alley shall not permit and it shall be unlawful to permit the growth of a tree growing in the adjacent swale, right-of-way or alley or any part thereof to extend over a street or sidewalk below a height of ten (10) feet or the roots thereof to break or raise up the contiguous street or sidewalk, or allow a tree or any part thereof to extend over a road or right-of-way below a height of fourteen (14) feet.
The preceding paragraph shall also require property owners to maintain swales and shoulders which lie between a property line and the pavement edge of an adjacent public street, except where the swale or shoulder is regularly maintained by the city, Palm Beach County, or other government agency.
(2) It is unlawful for any person to place or cause to be placed any object or thing known to modify the design, function or shape of swales, rights-of-way or alleys, on, over, or across any swale, right-of-way or alley, except the following:
a. Grass, sod, soil or dirt;
b. Floral ground cover, shrubbery or trees - provided approval is granted from the city's Utility Department and Development Department for shrubbery and trees located within swales, rights-of-way or alleys;
c. Postal mail boxes meeting the criteria of the U.S. Post Office.
d. Solid objects made of metal, concrete, plastic, or similar materials protruding no more than three and one-half (3½) inches above the ground, having a diameter no greater than eight (8) inches at their widest points, having flat or rounded top surfaces, with each of such objects being placed no less than five (5) feet apart.
(c) Waterways.
(1) The owner(s) of all real property within the city abutting a waterway shall not permit and it shall be unlawful to permit the accumulation thereon of grass or weeds which attain a height of twelve (12) inches or more.
(2) The owner(s) of all real property within the city abutting upon a waterway shall not permit and it shall be unlawful to permit trees on their respective properties to grow over the waterways (unless ten (10) feet above the water surface) or limbs, fronds, coconuts, or other debris to fall therefrom into such waterways. This shall not apply to species protected by the state unless removal of such species has been approved by the state.
(3) The owner(s) of the bottom of waterways within the city shall not permit and it shall be unlawful to permit the growth of subsurface aquatic weeds above the surface of the water or to an extent that they affect public stormwater drainage in the waterway.
(d) Front, side and rear open and/or landscaped areas of private property.
(1) Open and/or landscaped area maintenance: This includes, but is not limited to:
a. The keeping or deposition (depositing) on, or the scattering over the premises of any junk, trash, debris, construction materials not being actively used for construction, abandoned, discarded or derelict objects or equipment, including but not limited to automobiles, trucks, buses, motorcycles, bicycles, furniture, major and minor appliances, trailers, cans or containers.
b. The failure to keep or maintain all lots, fences, sheds, steps, driveways and other premises in any district clean, sanitary and free from weeds or overgrowth or deterioration.
c. The keeping, maintaining, propagation, existence or permitting of any thing, by any person or entity, by which the life or health of any person or persons may be threatened or impaired, or by which or through which, directly or indirectly, disease may be caused, or the environment of any person or place rendered unclean or unsanitary by the act of another or others.
d. The total areas void of landscaping or xeriscape ground covers shall not exceed one hundred (100) square feet of any pervious area visible from a public or private right-of-way, excluding alleys abutting rear yards. When such “dead spots” occur, they will be sodded or seeded to reestablish grass, landscaping or groundcover.
e. Open and/or landscaped areas of the city, on developed properties, shall be covered by a lawn which shall be maintained at a height not to exceed twelve (12) inches.
f. Irrigation systems shall be maintained in good working order to provide complete coverage.
g. Pervious surfaces without irrigation systems shall utilize drought-tolerant grass, shrubbery with mulch or wood chips, or other drought-tolerant species so that they may be restored to a uniform green appearance as soon as weather conditions permit. Lawns which have died from lack of water or other causes shall be reseeded or sodded. This requirement shall not apply to areas covered by pavement, areas that are covered by shellrock, limerock, gravel, decorative stone or any other dust-free surface, or areas covered by landscaping, mulch or wood chips, which are regularly renewed and kept free of weeds.
h. Trees, and shrubs shall be trimmed and pruned and the property owner shall be responsible for maintaining said trees and shrubs in accordance with subsections (a), (b) and (c) of this section.
(2) Prohibition against nuisances: The owner(s) of all real property within the city shall not permit a nuisance as defined by this article and it shall be unlawful to permit a nuisance to exist on its property such as: placing, depositing, leaving or dumping any debris, refuse, trash, rubbish, junk, garbage, ashes, broken articles or waste material of any kind or nature on private property, or to create thereby an attraction for animals, insects or vermin, or to the deterioration of any structure or to create thereby a nuisance as defined in this article or to place in jeopardy, the health, safety and welfare of the citizens of the city. This shall not preclude placing of trash at curb-side for pick up by sanitation vehicles.
(e) Exterior of buildings and structures.
(1) The owner(s) of all real property within the city shall not permit and it shall be unlawful to permit the deterioration of the exterior of a building to become a nuisance as defined by this article.
(2) Building exterior maintenance: For the exterior of any buildings and structures, a nuisance is declared to exist if the owner or tenant of real property permits the exterior of a dwelling to deteriorate to the point where:
a. 20% or more of the paint is blistered and peeling or missing, or rotted on the exterior non-fenestrated building surface area, including but not limited to, facia boards, eaves, siding; or awnings, garages, carports.
b. 20% or more of the roof surface materials such as, shingles, tiles or any other roofing materials are loose or missing.
c. fenestrable areas, such as windows, doors, screens, i.e. broken glass, screening, rails and styles are deteriorated.
(Ord. No. 96-25, § 1, 4-2-96; Ord. No. 04-078, § 2, 10-4-04)