§ 18-3. Definitions.

The following words, terms and phrases, when used in this chapter shall have the meanings ascribed to them in this section:

Abandon shall mean to give up or leave without intending to return or claim again any motor vehicle or vessel on public property or on private property without the permission of the property owner.

Abandoned dwelling shall mean any residential building or structure which is a vacant dwelling and is under a current notice of default or notice of mortgagee's sale by lender or trustee for lender or a pending tax assessor's lien sale or subject of a foreclosure sale when the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under deed in lieu of foreclosure or sale.

Code means the Code of Ordinances of the City of Fort Lauderdale, as existing, or as may be amended from time to time.

Director means the Director of the sustainable development department of the City of Fort Lauderdale or a duly authorized designee.

Derelict means any motor vehicle or vessel which is in a state of evident disuse, neglect or abandonment; is wrecked or partially dismantled having no motor, engine, transmission, or other major parts necessary for operation; has vegetation underneath as high as the body or frame; has refuse or debris collected underneath; is being used solely for storage purposes; does not have all tires inflated; does not display a current valid license tag; or which threatens or endangers public health, safety and welfare.

Evidence of vacancy shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to, overgrown or dead vegetation; stagnant and unsanitary pool water; 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 the property is vacant.

Foreclosure shall mean the process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt upon a default by the borrower.

Garbage means 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 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 breeding or feeding material for flies, insects or animals.

Mortgagee shall mean the creditor, including, but not limited to, service companies, lenders in mortgage agreement, trustees, and any agent, servant, or employee of the mortgagee, or any successor in interest or assignee of the mortgagee's rights, interest, or obligations under the mortgage agreement.

Motor vehicle means any motorized vehicle, motorcycle, moped, motorized scooter, bus, trailer, truck, semitrailer, house trailer, road tractor, or truck tractor as defined in F.S. § 316.003, as may be amended from time to time.

Overgrowth means lawn, grass or weeds in excess of six (6) inches in height.

Owner shall mean any person, persons, or entity having legal or equitable title, or any real or contingent interest in any real property; being shown to be the property owner in the records of the Broward County Property Appraiser's Office; being identified on the abandoned real property registration form pursuant to this article; or being a mortgagee in possession of real property. Any such person, persons, or entity shall have joint and several obligations for compliance with the provisions of this chapter.

Property management company shall mean a local property manager, property maintenance company, or similar person or entity responsible for maintenance and security of abandoned dwellings.

Private property means any real property within the city which is not public property as defined herein.

Public property means any real property in the city which is owned by the City of Fort Lauderdale and includes buildings, parking lots, parks, streets, sidewalks, swales, rights-of-way, easements and other similar property.

Repeat violation means a violation of this chapter by a person or entity who has previously been issued a notice to abate and failed to comply, resulting in abatement of the nuisance by the city, or has previously been found by the special magistrate to have violated the same provision of the Code within five (5) years prior to the violation, or has previously been issued a citation violation notice that was uncontested pursuant to Chapter 11.

Solid waste means useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, any and all bulk trash, commercial trash, rubbish, building materials, garbage, household trash, commercial and industrial waste, litter, cigars and cigarettes and parts thereof, whether combusted or intact, refuse, scrap materials, appliances, motor vehicle parts, furniture, tree trimmings, yard waste, construction debris, demolition debris or any other similar solid material or waste that is unwanted or discarded or surrendered for collection disposal, but shall not include sludge from air or water pollution control facilities, septic tank sludge or agricultural or unacceptable waste.

Stagnant water means any accumulation of water which lacks flow; which may be a breeding or feeding place for mosquitoes, rodents, snakes, or other species of insect or animal; which constitutes a habitat for disease bearing organisms; or which is a host for algae and other growth indicative of water that is not disinfected.

Swimming pool means any structure intended for the collection of water for the purpose of immersion or partial immersion therein of human beings, including but not limited to spas, hot-tubs, and similar structures.

Swale area means that area immediately adjacent to a roadway between the driving surface of the roadway and the adjacent private property line.

Vacant dwelling is any building or other structure which is neither occupied nor used by persons authorized by the owner of the property on which such building or structure is located, or where utility services have been terminated.

Vegetation means all natural growth upon a lot or parcel of ground, including grass, weeds, trees, vines, bushes, underbrush and the waste material arising there from.

Vessel means any airboat, canoe, houseboat, motorboat, personal watercraft, recreational vessel, or sailboat as defined in F.S. § 327.02, as may be amended from time to time.

Yard waste means plant material, grass cuttings, tree trimmings, seeds, fruit, leaves or vegetative matter from grass, shrubs, bushes, hedges, palms, trees, or mulch created as a result of the care and maintenance of plants or trees which is conducive to disposal in a yard waste cart and is free of dirt, rocks and other solid waste or foreign materials.

( Ord. No. C-09-18, § 2, 7-7-09 ; Ord. No. C-12-38, § 1, 10-2-12 ; Ord. No. C-17-28 , § 90, 9-13-17)