§ 11-156. Nuisance declared.

(a)

It is hereby declared and determined by the Board of County Commissioners of Okaloosa County that the excessive growth and accumulation of vegetation is a nuisance when existing upon improved property zoned mixed use 1 (MU-1) and mixed use-2 (MU-2) within the unincorporated area of Okaloosa County.

(b)

Exceptions. The Provisions of this article shall not apply to improved property in which the excessive growth and accumulation of vegetation extends for an area that constitutes less than 25 percent of the entire improved parcel. In the calculation of the extent of property subject to the excessive growth and accumulation of vegetation, that area which is encompassed by any structure shall not be considered in the calculation. If the property owner has exerted any dominion or control over the adjoining public right-of-way between the improved parcel and the roadway, regardless of whether that roadway is paved, then that that portion of the public right-of-way shall be included in the calculation. The evidentiary burden shall rest with the enforcement officer to satisfy by a preponderance of the evidence that 25 percent calculation described in this paragraph as well as the property owner's exercise of dominion over the adjoining public right-of-way.

( Ord. No. 15-20 , § 1, 12-1-15)