TITLE 8
HEALTH AND SANITATION
CHAPTER 1
WEEDS AND TRASH
SECTION:
8-1-1: Definitions
8-1-2: Accumulation Of Weeds Or Trash Unlawful
8-1-3: Citation And Penalty
8-1-4: Abatement Procedure; Assessment Of Costs
8-1-5: Recovering Costs; Lien; Filing
8-1-6: Waiver Of Competitive Bids For Mowing
8-1-7: Depositing Rubbish Unlawful
8-1-8: Burning Prohibited; Exception
8-1-9: Removal Of Dead Animals
8-1-10: Littering
8-1-1: DEFINITIONS:
   As used in this chapter:
   OCCUPANT: Any person that occupies, resides, rents, leases or otherwise is in possession or has control of the premises.
   OWNER: The owner of record as shown by the most current tax rolls of the County Treasurer.
   TRASH: Any refuse, litter, ashes, leaves, debris, paper, combustible material, rubbish, offal, waste, or matter of any kind or form which is uncared for, discarded or abandoned.
   WEEDS: Includes but is not limited to poison ivy, poison oak or poison sumac and all vegetation at any state of maturity which:
   A.   Exceeds twelve inches (12") in height, except healthy trees, shrubs, or produce for human consumption grown in a tended and cultivated garden unless such trees and shrubbery by their density or location constitute a detriment to the health, safety and welfare of the public and community or a hazard to traffic or create a fire hazard to the property or otherwise interfere with the mowing of said weeds;
   B.   Harbors, conceals or invites deposits or accumulation of refuse or trash, regardless of height;
   C.   Harbors rodents or vermin;
   D.   Gives off unpleasant or noxious odor;
   E.   Constitutes a fire or traffic hazard; or
   F.   Is dead or diseased.
   The term "weed" shall not include tended crops of land zoned for agricultural use. (Ord. 1194, 9-13-2016)
8-1-2: ACCUMULATION OF WEEDS OR TRASH UNLAWFUL:
   A.   No person shall permit any piece of property, platted or unplatted, regardless of type or zoning, owned, occupied or controlled by him, his agent or a person who has charge thereof, to become covered or overgrown with weeds, and the continued existence of such weeds, growths or accumulation of trash shall constitute a public nuisance.
   B.   Whenever private property abuts a public right-of-way or easement belonging to the City of Seminole, or any public entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for the purposes of this section requiring cutting of grass and weeds, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this section for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this section shall apply with equal force to said tree lawn or grassy area.
   C.   Nothing in these provisions shall preclude any offender from being cited with either criminal or civil penalties, or both, for said offense. (Ord. 1194, 9-13-2016)
8-1-3: CITATION AND PENALTY:
   A.   Citation: Any police, fire or Code Enforcement Officer of the City who discovers an accumulation of trash or weeds upon any premises within the corporate limits of the City may issue a criminal citation to the owner or occupant of the premises as defined by section of this chapter for any violation in this chapter.
   B.   Violation: Any person convicted of violating this section shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00), or up to ten (10) days' imprisonment, or by both such fine and imprisonment. In addition, the court may impose a term of community service not to exceed twenty (20) hours.
   C.   Second Or Subsequent Violation: Upon a second or subsequent violation, of this section, said offender shall be punished by a fine of not less than three hundred dollars ($300.00) nor more than seven hundred fifty dollars ($750.00), or up to thirty (30) days' imprisonment, or by both such fine and imprisonment. In addition, the court may impose a term of community service not to exceed forty (40) hours.
   D.   Abatement By City: In addition to any criminal penalties imposed, the City may abate the nuisance in accordance with the procedures set forth herein. (Ord. 1194, 9-13-2016)
8-1-4: ABATEMENT PROCEDURE; ASSESSMENT OF COSTS:
   A.   At least ten (10) days' notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the County Treasurer's Office before the City may abate the nuisance. At the time of mailing of the notice to the property owner, the Municipality shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. Concurrent with the mailing of the letter, the property shall be posted. Notice may also be given by publication one time not less than ten (10) days prior to any action by the Municipality.
   B.   If the owner fails to abate the nuisance after notice, the City may cause the nuisance to be abated. After the abatement process is completed, the City Clerk, or a designee of the City Clerk, shall file a Notice of Lien with the County Clerk describing the property and certifying that the City claims a lien on such property for the costs of mowing, cleaning and/or any other costs associated with abatement of the nuisance. The City Clerk or his designee, may forward to the property owner at the address shown by the current year's tax rolls in the County Treasurer's Office by certified mail, return receipt requested, a statement of actual costs including the mowing, cleaning, removal, court costs and administrative assessments.
   C.   If the City causes the abatement of weeds or other noxious or injurious growths on any property in accordance with the procedures provided for in this section, any subsequent accumulations of weeds or other noxious or injurious growths on the property occurring within a six-month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of the summary abatement, the Municipality shall notify the property owner of the abatement and the costs thereof. (Ord. 1194, 9-13-2016)
8-1-5: RECOVERING COSTS; LIEN; FILING:
   A.   Costs of abatement may be assessed against any Municipal utility account in the name of the owner or occupant. Utility services may be suspended for non-payment. Re-establishment of services shall be in accordance with established policies.
   B.   If payment is not made within thirty (30) days from the date of the mailing of the statement, a certified statement of the amount of costs may be forwarded to the County Treasurer of Seminole County and such costs may be levied on the property and collected by the County Treasurer as an ad valorem tax. (Ord. 1194, 9-13-2016)
8-1-6: WAIVER OF COMPETITIVE BIDS FOR MOWING:
   A.   For purposes of this chapter, the City shall maintain a list of all contractors wanting to be considered for removal of trash and cutting or mowing high weeds and grass. The contractors shall be used on a rotation basis without requirement of competitive bidding. (Ord. 1194, 9-13-2016)
8-1-7: DEPOSITING RUBBISH UNLAWFUL:
   It is unlawful for any person to throw, place or deposit or remove any rubbish, trash, slop, garbage, filthy substance, grass, weeds, trees, brush or any other refuse or waste matter in any street, avenue, alley, ditch, watercourse or dumpster/polycart owned/leased by another, or upon the premises of another, or upon any public grounds in the City. (Ord. 976, 6-8-2004)
8-1-8: BURNING PROHIBITED; EXCEPTION:
   It is unlawful to wilfully burn any trash or refuse of any type material within the City, except upon prior approval by the Fire Chief or his designee. (Ord. 928, 8-8-2000; amd. Ord. 1067, 1-8-2008, eff. 2-7-2008)
8-1-9: REMOVAL OF DEAD ANIMALS:
   The owner or any person having charge of any animal dying in the City shall, within twenty four (24) hours after the death of such animal, remove its carcass. Failure to do so shall constitute a misdemeanor. (Ord. 928, 8-8-2000)
8-1-10: LITTERING:
   A.   Definition: "Littering" is defined as throwing any trash, refuse, wastepaper, tin cans, bottles, or any other object or substance whatever upon the public streets, alleys, roadways and sidewalks of the City or upon any real property owned or occupied by another.
   B.   General Prohibition: It is unlawful for any person to litter.
   C.   Littering From Automobiles: It is unlawful for any person to throw from any automobile or motor vehicle being operated and driven upon and over the streets, alleys and roadways of the City any litter, trash, wastepaper, tin cans or any other substance or refuse whatever.
   D.   Litter Accumulation On Property:
      1.   It is hereby declared to be unlawful for any person, firm or corporation occupying any real property, either as tenant or owner, to allow trash, wastepaper, litter objects, bottles, tin cans or any other used or disposed of objects to accumulate upon such real property or premises being so occupied or rented to such an extent as to constitute a littering nuisance.
      2.   It is unlawful for any person, firm or corporation occupying any real property, either as tenant or owner, to allow accumulated trash, wastepaper, litter objects, bottles, tin cans or any other used or disposed of objects to be carried from the occupied premises, either by the wind, elements or otherwise to any adjoining or other real estate not so owned or occupied by the offender. (Ord. 928, 8-8-2000)