§ 19-3. Definitions.

(A)

Abandoned property. This term shall relate to articles of personalty, including without limitation: motor vehicles; trailers; boats or other vessels; refrigerators, washing and drying machines, or other machinery; and plumbing fixtures. The following criteria shall be considered in determining whether property has been abandoned, but no single criterion shall be conclusive:

(1)

Whether it has value other than nominal salvage value.

(2)

Whether it is in sufficient repair to perform its intended purpose.

(a)

Evidence of disrepair shall include missing, removed, or partially or completely dismantled parts; broken glass; or other signs of substantial deterioration.

(b)

In making evaluations under this subsection, the compliance officer may require the owner to demonstrate the operability of the article.

(c)

With regard to motor vehicles, trailers, or boats or other vessels, absence of a current license tag, decal, registration or inspection decal shall also be considered evidence under this subsection.

(3)

Evidence that the personalty was involved in a collision or other incident during which it was physically damaged and that it has not been repaired.

(4)

Evidence that the personalty has been left unprotected from the elements, including without limitation: growth of vegetation around the personalty; rust or other corrosion; the positioning of the personalty in other than an upright or operable manner; and vandalism.

(5)

Evidence that the article has not moved from its present location and position and no repair activity has taken place over a 72-hour period, including evidence that one or more tires have been raised from the ground on jacks, blocks, lifts, or other structures.

Abandoned property shall also be deemed "junk" within the meaning of this chapter.

(AA)

Advertising device. A machine or other device used to attract public attention to a product or business.

(B)

Bona fide agricultural use. All ongoing conditions or activities by an owner, lessee, agent, independent contractor or supplier which occur on a farm in connection with the production of farm products and includes, but is not limited to, the marketing of produce at legally permitted roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors, dust and fumes; ground or aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. Examples of uses falling within this definition include, but are not limited to: fruit crops; row crops; live stock; horse boarding and breeding; pasture, both improved or semi-improved, or native pasture; nursery, either in-ground or above ground, or tree nursery, or ornamental nursery; and poultry, fish, rabbits, goats, sheep, worms, bees, hay, or tropical groves.

(C)

Business or Commercial Premises. Within any parcel of land approved for non-residential uses, any vacant or occupied structure and accessory structure thereof and the parcel of land upon which it is located.

(D)

Corrective or maintenance action. An owner is required to maintain, mow, cut, trim or bulldoze his or her lot, and clear, remove and legally dispose of all associated abandoned property, solid waste litter or junk.

(E)

Department. Team Metro.

(F)

Director. The Director of Team Metro or his or her designee.

(G)

Generally accepted agricultural and management practices. Shall be determined by the appropriate agricultural agency for the commercial agricultural practice utilizing Florida Statute 823.14 as the basis of its determination.

(H)

Government lot. The irregular lots or tracts established in the original surveys of Florida under the direction of the United States Government and shown on the official U.S. Government survey maps. The Government lots define, for conveyance purposes, those irregular parcels of land which do not fit into the normal Government-mandated sectionalized land breakdown system, including fractional sections abutting water boundaries, oversized sections, and undersized sections having hiatus and overlaps.

(I)

Improved lot. Any lot with a building or an erected structure or an incomplete or partially demolished structure.

(J)

Junk. Trash or abandoned property.

(1)

Junk shall include, without limitation: old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material.

(2)

Personalty in a structure enclosed by four walls and a roof, such as a garage or utility shed shall not be construed as junk.

(K)

Lot. Any tract or parcel of land shown on a recorded plat or on the official County zoning maps or any piece of land described by a legal recorded deed. A lot may be improved or unimproved.

(KK)

Open-Air Storage. Placement of an article in an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or front porch that is not so enclosed shall be considered open-air storage.

(L)

Non-residential Zoned District. Any zoning district that permits, as a matter of right, retail, commercial, industrial or manufacturing uses.

(M)

Owner. Any and all persons with legal and/or equitable title to real property in Miami-Dade County, as their names and addresses are shown upon the record of the Property Appraiser Department.

(N)

Repeat Violator. Any property owner who has failed to comply with any portion of this chapter within the last twenty-four (24) months, or has been either found guilty of said violation by a Hearing Officer at an 8CC Hearing and such finding was not overturned by the Circuit Court, or did not file for an appeal of such violation before an 8CC Hearing Officer within seven (7) calendar days from posting of the citation.

(O)

Residential Premises. Within any parcel of land approved for residential zoned district, any vacant or occupied structure and accessory structure thereof and the parcel of land upon which it is located.

(P)

Right-of-way. Construed throughout this section to include, without limitation, all proposed dedications of public rights-of-way set forth on official grading and drainage plans required to accompany approved and valid tentative plats, as well as all existing or dedicated rights-of-way.

(Q)

Solid waste. Garbage, trash, yard trash (except for compost piles), litter, cuttings from vegetation, refuse, paper, bottles, rags, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial or agricultural operations, as defined in Chapter 15, Dade County Code.

(R)

Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent location on the ground, including buildings, walls, fences, signs, light stands, towers, tanks, etc.

(S)

Unimproved lot. Any vacant lot or any lot without a structure.

(T)

Vacant Land. Any parcel of land, whether divided or undivided, upon which there are no structures.

(Ord. No. 03-160, §§ 1, 2, 7-8-03; Ord. No. 04-90, § 1, 5-11-04)