§ 39-131. Definitions.

In addition to the terms defined in Article II of this chapter, the following words, terms, and phrases, when used in this article, shall have the following meanings, except where the context clearly indicates a different meaning.

Abandoned personal property: All tangible property that does not have an identifiable owner or that has been improperly disposed of on public or private property, without intent to reclaim, or that has no apparent intrinsic value to the owner of the property where such item is located. Such abandoned property shall include, but not be limited to, a motor vehicle, recreational vehicle, trailer, vessel, aircraft, or special purpose vehicle that does not have affixed a current motor vehicle license tag or vessel registration sticker.

Accessible: A building that is unsecured or breached in such a way as to allow access by trespassers or other unauthorized persons.

Airport property: Property owned or controlled by Broward County as a public-use airport, having regularly scheduled international passenger service.

Boarded: An unoccupied building that has been secured against entry by material such as plywood, boards, or other similar material placed over openings, such as doors or windows, when such materials are visible off the premises and are not both lawful and customary to install on an occupied building.

Debris: Waste materials resulting from the construction or demolition of structures or buildings or waste accumulation of lawn, grass, shrubbery, tree trimmings, fruit or other matter usually created as refuse in connection with trees or other landscape plants.

Derelict or abandoned aircraft: Aircraft stored in the open to which one (1) or more of the following applies:

a.

An aircraft that does not hold a current and valid airworthiness certificate issued by the Federal Aviation Administration, or other appropriate aircraft certifying authority, and is not in the process of actively being repaired;

b.

An aircraft that has remained in an idle state on premises owned or controlled by the operator of a public-use airport for at least forty-five (45) consecutive calendar days; or

c.

An aircraft that has been disposed of on a public-use airport in a wrecked, inoperative, or partially dismantled condition.

Developed area: Any quarter section of land which is approximately seventy-five (75) percent developed.

Garbage: Every waste accumulation of animal or vegetable matter which attends the preparation, use, cooking, processing, handling, or storage of meats, fish, fowl, fruits, vegetables, or other organic matter, which is subject to decomposition, decay, putrefaction, or the generation of noxious or offensive gases or odors, or which during or after decay, may serve as a breeding or feeding material for flies, insects, or animals.

Junk items: Wrecked, dismantled, partially dismantled, or discarded items including, but not limited to, tires, machinery, appliances, plumbing fixtures, household items, unusable construction materials, and other similar items which are inoperable, unusable, or in deteriorated condition. The term "junk items" shall not include junk vehicles and vessels, as defined herein.

Junk property: Junk items, junk vehicles, junk vessels and derelict aircraft, as those terms are defined herein.

Junk vehicles and vessels: Vehicles, trailers, or vessels which are parked or stored without having all wheels mounted or without having all their tires inflated, or which are in a condition of substantial disrepair, including being wrecked, dismantled, partially dismantled, or discarded, and which are inoperable or in a severely deteriorated condition.

Litter: Discarded paper, paper or plastic products, and containers of any kind.

Nuisance: Any condition that endangers life or health, obstructs reasonable or comfortable use of property, or any nuisance prohibited by general law, special or local law, or ordinance.

Overgrown groundcover: Grass, weeds, and other low-growing plants, except native vegetation that, by the nature of their own horizontal growth habits, cover the ground, and which are not regularly cared for and maintained and grow in an uncontrolled manner exceeding six (6) inches in height in developed areas, and exceeding eighteen (18) inches in height in developed agricultural, estate, and rural areas.

Power line or power lines: A cable carrying electrical power that is supported by poles or pylons.

Premises: A lot, plot, or parcel of land, including any structures thereon.

Remedial pruning: The cutting and trimming of branches and foliage so as to alleviate the danger of the tree damaging power lines, consulting with American Natural Standards Institute ("ANSI") A300 (Part I)—2001 Pruning Standards, as amended, and ANSI Z133.1-2000 Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush—Safety Requirements, as amended.

Repeat violation: A violation of this article by a person or entity who has previously been issued a notice of public nuisance and failed to comply, resulting in abatement of the nuisance by the County, or has previously been found by the special magistrate to have violated the same provision of this Code within five (5) years prior to the violation, or has previously been issued a citation violation notice for the same provision of this Code and that was uncontested pursuant to Chapter 8½ of the Code.

Right Tree, Right Place Guidelines: Guidelines for planting trees near power lines, published within Florida Power & Light Company's "Right Tree, Right Place" brochure. These guidelines require that trees be placed as follows:

(a)

Trees, including palms, less than twenty (20) feet in height at maturity may not be planted under power lines.

(b)

Trees, other than palms, twenty (20) feet to thirty (30) feet in height at maturity shall be planted twenty (20) feet away from power lines.

(c)

Trees, other than palms, greater than thirty (30) feet in height at maturity shall be planted thirty (30) feet away from power lines.

(d)

Palm trees greater than twenty (20) feet in height at maturity shall be planted either twenty (20) feet or at one (1) maximum palm frond length plus ten (10) feet away from power lines, whichever is greater.

Secure manner: The closure and locking of windows, doors, gates, and any other openings to prevent unauthorized access to the interior of vacant buildings, or parts thereof, in a manner consistent with conventional methods used in the original construction and design. Broken windows shall be secured by repair, replacement, or boarding of the windows so as to meet all applicable laws, codes, and regulations.

Structure: Anything built or constructed, which requires location on the ground or which is attached to something having a location on the ground.

Swale: That portion of a public right-of-way intended to provide drainage which lies between private property and the actual pavement of the public right-of-way.

Trash: Every waste accumulation of sweepings, dust, rags, cartons, or any other such discarded material, except garbage, junk, and litter.

Tree: Any living, self-supporting, dicotyledonous or monocotyledonous woody perennial plant which has a DBH of no less than three (3) inches and which normally grows to an overall height of no less than ten (10) feet in Southeast Florida.

Vacant building: Any building that is neither occupied nor used by persons authorized by the owner of the property on which such building is located. Evidence of vacancy shall include, but is not limited to, nonfunctioning electric, water, or gas utilities; accumulation of abandoned personal property; statements by neighbors, passers-by, delivery agents, or government agents; or any other evidence that would lead a reasonable person to believe that the property is not legally occupied.

(Ord. No. 1999-45, § 2, 8-24-99; Ord. No. 2016-30 , § 3, 10-25-16; Ord. No. 2018-22 , § 6, 5-8-18)