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Cape Coral, FL Property Maintenance: Vacant Lot Maintenance (2026)

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

Key Facts

Height threshold
Over 12 inches
Applies to
Any vacant lot or private property
Enforcement
Dept. of Community Development Director
Hearing window
10 days to request Special Magistrate hearing
Criminal fine
Up to $250/day, 60 days jail
City abatement
City can mow and lien the property

Summary

Cape Coral bans grasses and weeds over 12 inches tall on any vacant lot or other private property, treating overgrowth as a public nuisance the Director of Community Development can force owners to mow, with fines up to $250 a day for refusing.

NUISANCE GRASSES AND WEEDS. Grasses and weeds which are not regularly cared for and maintained, which exceed 12 inches in height. ... (b)Nuisance declared. It is hereby declared and determined by the Cape Coral City Council that grasses and weeds in excess of 12 inches in height which impair the economic welfare of property, constitute a fire hazard or create a health hazard, and shall constitute a nuisance.(c)Prohibitions. No person, firm, partnership, corporation, trust or estate, nor any other business entity, shall permit nuisance grasses and weeds as defined in this section to exist within the City of Cape Coral. ... a.Criminal penalties.1.A fine not to exceed $250 per day;2.Imprisonment in the county jail for a term not exceeding 60 days; or3.By both a fine and imprisonment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 38).

Full Breakdown

Section 9-43 defines nuisance grasses and weeds as any grass or weeds which are not regularly cared for and maintained, which exceed 12 inches in height, and it applies to private property broadly defined to include any vacant lot as well as occupied structures and their yards. The City Council has declared that overgrowth past 12 inches automatically impairs the economic welfare of property, constitutes a fire hazard, or creates a health hazard, making it a nuisance no owner may allow to exist. The Director of the Department of Community Development, or a designee, investigates complaints and inspects suspected violations, then mails and posts a notice describing the nuisance, the deadline to mow, and the owner's ten-day window to request a hearing before the Code Enforcement Special Magistrate.

S. 03(1) and can be foreclosed like a mortgage if it stays unpaid 30 days. The section shares its enforcement machinery, word for word, with the separate nuisance-accumulation rule for junk and debris in Section 9-42.

Violations & Fines

Ignoring a mowing notice exposes an owner to a criminal fine of up to $250 per day, up to 60 days in jail, or both, plus civil remedies including injunctive relief and prosecution before the Code Enforcement Special Magistrate under Section 9-43(f). Each day the overgrowth continues counts as a separate offense, and the city can still bill the owner for its own abatement costs and place a lien on the property on top of any fine.

Frequently Asked Questions

How tall can grass and weeds get on a vacant lot in Cape Coral before it's a violation?
No more than 12 inches. Section 9-43 defines nuisance grasses and weeds as growth exceeding 12 inches in height that isn't regularly cared for, and it declares that overgrowth a public nuisance on any vacant lot or other private property citywide.
What happens if I don't mow after getting a notice?
The Director of Community Development can send city crews or a contractor to mow the lot and bill you for the full cost of abatement. If you don't pay within 30 days, the city can record an involuntary lien against the property, which can eventually be foreclosed like a mortgage.
Can I challenge a nuisance-weeds notice before the city mows my lot?
Yes. Section 9-43(e)(3) gives you ten days from the date the notice is mailed or posted to file a written petition for a hearing before the Code Enforcement Special Magistrate, who decides whether the nuisance actually exists or should be handled differently.
What's the fine for letting weeds grow over 12 inches in Cape Coral?
Up to $250 per day in criminal penalties, plus up to 60 days in jail, or both, under Section 9-43(f)(1)a. Each day the overgrowth continues is treated as a separate offense, and the city can pursue civil remedies like injunctive relief at the same time.

Sources & Official References

Other rules in Cape Coral

All Cape Coral rules

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