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Hialeah, FL Landscaping Rules: Weed Ordinances (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Yard grass/weed limit
6 inches
Who is liable
Owner, occupant and tenant jointly
Areas covered
Front, side, rear yard, swale
Abatement lien interest
8% annually
Governing section
Sec. 78-33

Summary

Hialeah's occupied-property rule is separate from its vacant-lot rule: Sec. 78-33 makes the property owner, occupant and tenant jointly responsible for keeping the front, side and rear yard, plus the swale, in clean condition, and treats grass or weeds over six inches as prima facie proof of a violation.

A property owner, occupant and tenant shall have the duty, jointly and severally, to maintain the ground next to or surrounding the dumpster or waste container in a clean or presentable condition, free of all waste, trash, garbage, debris and litter. Similarly, a property owner, occupant and tenant, jointly and severally, shall have the duty to maintain the front, side and rear yard of the owned, leased or occupied property in a clean and presentable condition. This duty is also extended to swale areas. It is prima facie evidence of a violation of this section if the height of grass or weeds is greater than six inches.

Full Breakdown

Sec. 78-33 imposes a duty distinct from the general lot-cleanliness rule in Sec. 78-31: the property owner, occupant and tenant of an owned, leased or occupied parcel are jointly and severally responsible for maintaining the front, side and rear yard, and the ground around any dumpster or waste container, in a clean and presentable condition, free of waste, trash, garbage, debris and litter. The duty extends to the swale area between the sidewalk and the street. As with the unimproved-lot standard in Sec. 78-32, grass or weeds taller than six inches is prima facie evidence of a violation of this section, so an inspector does not need to prove additional nuisance facts once the height is documented.

Because liability is joint and several, the city can pursue the owner, the occupant or the tenant, or all of them, for the same overgrown yard. Enforcement follows the same notice-and-cure process as other Article II nuisances: Sec. 78-34 requires the code inspector to notify the responsible party and allow at least 24 hours to correct the violation before further action, and Sec. 78-35 authorizes the city to mow or clear the yard itself and recover its costs as a special assessment lien against the property, bearing 8 percent annual interest, if the deadline passes uncorrected.

General penalties for Chapter 78 violations, set out in Sec. 78-7, escalate from $100 to $250 to $500 for repeat offenses when no specific fine is listed elsewhere in the chapter.

Violations & Fines

A yard left over six inches of grass or weeds is a documented violation the moment an inspector measures it, no separate nuisance showing required. The city can mow the property after notice and bill the owner, occupant or tenant jointly, converting unpaid costs into an 8-percent-interest lien; where Sec. 78-7's default fine schedule applies, repeat violations climb from $100 to $250 to $500.

Frequently Asked Questions

Can my landlord blame me for tall grass in Hialeah?
Yes. Sec. 78-33 makes the owner, occupant and tenant jointly and severally responsible for the yard, so the city can cite whichever party controls the property, and a landlord and tenant can both be pursued for the same violation.
Does the swale count as part of my yard for this rule?
Yes, Sec. 78-33 expressly extends the maintenance duty to the swale area between the sidewalk and the street, not just the fenced yard, and the same six-inch grass and weed threshold applies there.
Is six inches an automatic violation or does the city have to prove more?
Six inches is prima facie evidence of a violation under Sec. 78-33, meaning the height alone establishes the case; the code inspector does not need separate proof that the growth is unsightly or hazardous.

Sources & Official References

Other rules in Hialeah

All Hialeah rules

How Hialeah compares: Cities with the Strictest Weed and Property Maintenance Rules·Florida rules heatmap·Compare Hialeah to another location·View the Florida landscaping rules overview

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