§ 12-38. Authority; defined.

(a)

Authority. The city, acting through its city commission and/or its designee(s), shall have authority pursuant to home rule and police powers under F.S. ch. 166 and Article VIII, Section 2(b) of the Florida Constitution to determine and declare the existence of a public nuisance and shall have the authority to provide for the abatement of same. Abatement of such nuisances constitutes a municipal service, which specifically benefits the property upon which the nuisance is abated and all fair and reasonable costs incurred by the city in abating such nuisances shall be levied as a special assessment.

(b)

Any deposit of accumulated waste material, as that term is defined in section 12-11, or any growth of uncultivated vegetation over ten (10) inches in height, which is conducive to harboring vermin, reptiles, or other wild animal life, upon any lot, piece or parcel of land within the city is hereby declared to be a nuisance. Notwithstanding the foregoing, any such condition existing on public property may be specifically declared by the city commission not to be a nuisance upon consideration of environmental, educational or other benefits.

(Code 1956, § 20-20; Ord. No. 91-6, § 1, 4-1-91; Ord. No. 91-16, § 1, 7-15-91; Ord. No. 91-19, § 1, 9-3-91; Ord. No. 99-34, § 1, 12-21-99; Ord. No. 2013-01, § 2, 1-8-13; Ord. No. 2016-08, § 2, 2-2-16)