§ 38-106. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property includes, but is not limited to, wrecked or derelict property which has been left behind when it appears that the former owner does not intend to come back, pick it up, or use it. Examples may include, but are not limited to, possessions left in a house, possessions left outside a structure, vehicles, vessels, etc., left behind or beside a road for a period not to exceed ten days.

Abandoned vehicle means, but is not limited to, any wrecked or derelict property which has been left abandoned and unprotected from the elements and shall include, but is not limited to, a vehicle in a state of disuse, neglect, a vehicle without a license plate, a vehicle with a license plate that is not registered to that vehicle, a vehicle that does not have a registration sticker affixed to the license plate, a vehicle that has a registration sticker affixed to the license plate which has expired. Evidence of disuse, neglect or abandonment may include, but is not limited to, factors such as: Refuse or debris collected underneath or the vehicle being used solely for storage purposes; if it is partially dismantled, having no engine, transmission or other major and visible parts; having major and visible parts which are dismantled; incapable of functioning as a motor vehicle in its present state; having nominal salvage value; or being in any physical state rendering it inoperable. A vehicle will be considered abandoned or derelict if it is in an evident state of extended disuse or neglect and which has been left abandoned.

Abate means to repair, replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as necessary in the interest of the general health, safety and welfare of the community as determined by the city manager, or his/her designee.

Actual cost means the actual contract amount plus interest, if any, as invoiced by an independent, private contractor for terminating and abating a violation of this section on a lot, tract, or parcel, plus the cost of serving notice of the remedy, obtaining title information on the property, administrative costs of $250.00, and all other identifiable costs incurred by the city of the abatement of the public nuisance on the lot, tract, or parcel.

Attractive nuisance means, but is not limited to, leaving a piece of equipment or other condition on the property which would be attractive and dangerous to the safety of curious children. This would include, but is not limited to, unguarded swimming pools, open pits, abandoned personal and real property, refrigerators, and buildings which have been boarded up for longer than 30 days.

Adjacent lot and lot adjacent mean the lot immediately adjoining or contiguous to the lot that is subject to review under this article.

Building means any structure as defined within the Florida Building Code, section 202 adopted in section 18-36. The word "building" includes the word "structure."

City means the incorporated municipality of Deltona, with definite boundaries and legal powers as set forth in the City Charter, including any subsequent annexation.

Developed lot means any lot that has a building or mobile home on it and is in an area zoned for residential, mobile home, commercial, industrial or public use, including the swale area.

Enforcement official means the enforcement services director or his/her designee.

Excessive growth of grass, weeds, or brush and other overgrowth means grass or weeds or brush, or bushes, or shrubs, or trees, or vines, or flowering plants and other living plant life that is allowed to grow in a wild and unkempt manner not in keeping with the neighborhood.

Hazard tree means, but is not limited to, a tree that is dead, diseased or dying, or has a structural defect that predisposes it to failure and the tree is located near an area where personal injury or property damage could occur if a tree or portions of the tree fails. This target area includes, but is not limited to, sidewalks, walkways, roads, vehicles, structures, or a place where people gather (for example, a backyard).

Imminent public health threat means the condition of a lot, tract, or parcel of land that, because of the accumulation of trash, junk, or debris, which includes but is not limited to, broken glass, rusted metal, automotive and appliance parts, abandoned or inoperable vehicles, some of which may contain chemicals, such as Freon, oils, fluids or the like, capable of causing injury or disease to humans or animals or a contaminate to the environment; or the condition of a lot, tract or parcel that, because of excessive growth of grass, weeds or brush, hazard tree(s), or stagnant water, can harbor criminal activity, create a habitat for rodents, vermin, reptiles or other wild animals, become a breeding ground for mosquitoes, or become a place to conduct illegal activity, a place that threatens or endangers the public health, safety or welfare of the city residents; a place that is reasonably believed to cause currently or potentially to cause in the future, ailments or disease.

Levy means the imposition of a non-ad valorem assessment against property found to be in violation of this section.

Natural state means a vacant lot that has never been cleared or has not been maintained for a period of three years or more.

Non-ad valorem assessment roll means the roll prepared by the city and certified to the Volusia County Property Appraiser and Tax Collector, as appropriate under Florida law, for collection.

Nuisance means (i) the excessive growth of grass, weeds, brush, branches, and other overgrowth; (ii) the creation of a habitat for rodents, vermin, reptiles, or other wild animals; or (iii) creating a breeding ground for mosquitoes; (iv) creating a place conducive to illegal activity; (v) maintaining a place that threatens or endangers the public health, safety or welfare of city residents; (vi) develop a place that is reasonably believed to cause currently, or potentially to cause in the future, ailments or disease; or (vii) a condition on the property that adversely affects and impairs the economic value or enjoyment of surrounding or nearby properties; (viii) failure to replace or repair with similar or improved material in a reasonable period, not to exceed 30 days, broken or missing building components, including but not limited to, doors, windows, roofing materials, siding, and drives/walkways outside the right-of-way which detract from the aesthetics of the neighborhood, shopping area, industrial area or other commercial area within the service district; (ix) failure to repair, replace or remove broken fencing, screening or decorative elements on a developed parcel or lot, is declared to be a nuisance and menace to the public health, safety, and welfare of the citizens of the city, including, but not limited to, abandoned property, abandoned vehicle(s), inoperable vehicles, or any other attractive nuisance.

Owner means the owner of record of a lot as such appears in the official records of the clerk of the circuit court in and for the county.

Trash, junk, or debris means waste materials including, but not limited to, putrescible and non-putrescible waste, combustible and non-combustible waste, and generally all waste materials including, but not limited to, paper, cardboard, tin cans, lumber, concrete rubble, glass, bedding, crockery, household furnishings, household appliances, inoperable vehicle(s), dismantled pieces of motor vehicles or other machinery, abandoned vehicles, tires, rusted metal articles, and abandoned property of any kind.

Rubble and debris mean waste materials resulting from the construction or demolition of structures or buildings not usable as a part of or for the construction or demolition of structures or buildings.

Swale area means that portion of land between the traveled roadway and the sidewalk or property line.

Yard trash means abandoned vegetative material from landscaping, maintenance or land clearing operations, and includes such materials as tree and shrub trimmings, grass clippings, palm fronds, tree limbs, tree stumps and similar materials.

(Ord. No. 03-97, § 1(2), 3-3-1997; Ord. No. 04-99, § 2, 3-15-1999; Ord. No. 15-02, § 1, 8-5-2002; Ord. No. 30-2006, § 1, 11-6-2006; Ord. No. 02-2018, § 2, 2-27-2018)

Cross reference

Definitions generally, § 1-2.