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DSAC Agenda 12/04/2013 2013 Development Services Advisory Committee Agenda December 4 , 2013 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA December 4, 2013 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion,Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order, and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order-Chairman II. Approval of Agenda III. Approval of Minutes from November 6, 2013 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Department update—[Jeff Wright] B. Public Utilities Division update—[Nathan Beals or Tom Chmelik] C. Growth Management Division/Transportation Engineering and/or Planning—[Jay Ahmad and/or Reed Jarvi] D. Fire Review update—[Ed Riley] E. Growth Management Division/Planning &Regulation update—[Jamie French] VI. New Business A. Note: This is a time certain for 3:30: Discussion regarding Fire[Nick Casalanguida] B. Amendment to Irrigation Ordinance No.2002-17 [Peter Lund] VII. Old Business VIII. Committee Member Comments: IX. Adjourn Next Meeting Dates January 8, 2014 GMD Conference Room 610—3:00 pm February 5, 2014 GMD Conference Room 610—3:00 pm March 5, 2014 GMD Conference Room 610—3:00 pm April 2,2014 GMD Conference Room 610—3:00 pm May 7, 2014 GMD Conference Room 610—3:00 pm November 6, 2013 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, November 6, 2013 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room#609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: David Dunnavant Dalas Disney Blair Foley Chris Mitchell Laura Spurgeon DeJohn Mario Valle Stan Chrzanowski Eleanor Taft Norman Gentry Excused: Ron Waldrop Robert Mulhere Clay Brooker James E. Boughton Absent: Marco Espinar ALSO PRESENT: Jamie French, Director, Operations & Regulatory Management Judy Puig, Operations Analyst, Staff Liaison Reed Jarvi, Manager, Transportation Planning Amy Patterson, Impact Fee Administration Ed Riley, Fire Code Official Jeff Wright, Director, Code Enforcement 1 November 6, 2013 I. Call to Order-Chairman Chairman Varian called the meeting to order at 3:04pm II. Approval of Agenda Mr. Dunnavant moved to approve the Agenda subject to hearing item VLA before item V. Second by Mr. Chrzanowski. Carried unanimously 8- 0. III. Approval of Minutes from October 2,2013 Meeting Mr. Chrzanowski moved to approve the minutes of the October 2, 2013 meeting as presented. Second by Mr. Disney. Carried unanimously 8- 0. VI. New Business A. Need Volunteers to serve on the Impact Fee Subcommittee(Road and Jail)—Amy Patterson Amy Patterson,Impact Fee Administration reported a Subcommittee will be reviewing fees for the roads and the jail and sought volunteers to serve. The Committee appointed Clay Brooker to the Subcommittee. Any other members interested in serving on the Subcommittee are requested to contact Staff via email. She reported, as of 12/1/13: • Payment of Impact Fees will be required at the time of Certificate of Occupancy. • Regulation of Utility Impact fees will be incorporated into the Change of Use program. Commercial buildings 3 years or older will not be required to pay additional impact fees unless the water meter is proposed to be upsized. Mr. Valle arrived at 3:llpm Ms. Taft arrived at 3:11pm IV. DSAC Position Vacancy Review & Vote Chairman Varian reported Staff received applications from James E. Boughton, Clay Brooker, Terry L. Kelly, Chris Mitchell and Stan Chrzanowski for appointment to the Development Services Advisory Board. He requested the Committee provide a recommendation to the Board of County Commissioners on the applications. Mr. Disney moved to recommend the Board of County Commissioners appoint Chris Mitchell to the Development Services Advisory Committee. Second by Mr. Foley. Carried unanimously 9—0. Mr. Mitchell abstained. Mr. Foley moved to recommend the Board of County Commissioners appoint Stan Chrzanowski to the Development Services Advisory Committee. Second by Mr. Valle. Carried unanimously 9—0. Mr. Chrzanowski abstained. 2 November 6, 2013 Mr. Dunnavant moved to recommend the Board of County Commissioners appoint Clay Brooker to the Development Services Advisory Committee. Second by Mr. Foley. Carried unanimously 10—0. Mr. Gentry moved to recommend the Board of County Commissioners appoint James Boughton to the Development Services Advisory Committee. Second by Mr. Disney. Carried unanimously 10—0. V. Public Speakers None VI. Staff Announcements/Updates A. Code Enforcement Department update— [Jeff Wright] Mr. Wright provided the report"Collier County Code Enforcement Department Blight Prevention Program - Cumulative Code Enforcement statistics- 11/2008—10/27/2013" for information purposes. Discussion occurred on the activities of the Department with Mr. Wright reporting the direction by the Board of County Commissioners is to seek compliance, not collection of penalties. The program has resulted in waiving a substantial amount of fines due to compliance by landowners, especially by properties subject to bank foreclosures. B. Public Utilities Division update— [Nathan Beals or Tom Chmelik] None C. Growth Management Division/Transportation Engineering and/or Planning— [Jay Ahmad and/or Reed Jarvi] Reed Jarvi was present and reported: • Collier Blvd. - Green Blvd. to Golden Gate Blvd.—lane widening subject to FDOT grants with different time frames (1 year apart), anticipated construction next fiscal year. • Collier Blvd. -Main Golden Gate Canal to Green Blvd.—lane widening scheduled for construction this fiscal year. • Golden Gate bridges—(16th Street NE, 8t'' Street NE and 47th Avenue NE) under financing consideration for construction Fiscal year 16/17. • Davis Boulevard/Collier Boulevard Improvement Project—anticipated to be completed ahead of schedule in the late fall of 2013. • Pine Ridge Road/US 41 intersection westbound—proposed lane realignment and drainage improvements. • Vanderbilt Beach Rd./Mercado—Traffic signal proposed. • Randall Blvd. and Immokalee Rd. improvements—proposed as a PDE (Project, Development and Environmental)which would increase funding opportunities. • Collier Blvd. -Tower Road to Manatee Road—investigating feasibility of widening from 2 lanes to 3 lanes. • Neighborhood Traffic Management Program—will provide Plan for distribution to the Staff liaison. Committee to provide any comments to Staff as necessary. • Staff continues to review the criteria for developers who propose to transfer control of road and drainage infrastructure to the County. 3 November 6, 2013 D. Fire Review update— [Ed Riley] Ed Riley,Fire Code Official submitted the documents "Office of the Fire Code Official— Summary of Plan Review Activity—September- 13" and"Fire Plan Review—Time Frame Summary-September—13" for information purposes. He reported: • The process for submitting plans and fees associated with fire plan review is scheduled to change on 12/2/13. • The change will require applications,design plans and fees for fire code related reviews be submitted directly to the Fire Code Office. • The Fire Code Office will review and approve the applications, however according to State Statute the permits are required to be issued by the "County". • The concept is one permit will be issued by the County for a project, with 2 separate "inspection cards"(one for the building department permit and one for the Fire Code Office permit). • County and Fire Code Office Staff are coordinating the changes including any opportunities for integrating data electronically. • The format will also incorporate changes in procedures and fees for"pre-app" meetings. • Public Workshops will be held to educate vendors on the new process. E. Growth Management Division/Planning& Regulation update— [Jamie French] Jamie French submitted the"October 2013 Monthly Statistics"which outlined the building plan review activities. The following was noted during his report: Fire Code Office and Building Department Plan Review Staff continues to review the process for instituting the new format for Fire plan reviews. Staff wants to ensure the plans approved by the Collier County building department and fire code office are consistent as there will be 2 sets of approved plans on a construction site, (building plans and fire plans). Chairman Varian reported he and other parties representing the building industry continue to provide input on the change over to Fire Code Officials and County Staff. Permit Inspections Staff continues to monitor the resources necessary to fulfill requests for building inspections which were at an all time high in October of 2013. This includes continuing to develop avenues to improve efficiency in the process, including"time certain"inspections. Building Code Grading Effectiveness Audit The audit is scheduled to be conducted by the ISO (Insurance Services Office) and rates the qualifications of staff, application procedures, adherence to FEMA requirements,records retention,etc. The audit occurs every 5 years and performance is measured on a scale of 0 - 10,with Collier County currently at a 5 rating. CDPlus Re-launch Staff continues to explore the feasibility of"re-launching"the CDPlus platform which was available to the public as a convenience to research permits issued prior to 2010 online. The system was compromised by an outside party and taking offline due to security issues. Staff 4 November 6,2013 has determined the costs associated with securing the data may not be as great as previously anticipated ($5-10K vs. $300K). The Committee recommended Staff consider establishing a user fee for the system to aid in paying for the convenience. VII. Old Business None VIII. Committee Member Comments The Committee requested Staff to provide an update via email on the status of the Architectural Review Standards Committee. IX. Adjourn Next Meeting Dates December 4, 2013 - GMD Conference Room 610—3:00 pm January 8,2014 -GMD Conference Room 610—3:00 pm February 5,2014 - GMD Conference Room 610—3:00 pm March 5,2014 - GMD Conference Room 610—3:00 pm April 2,2014 - GMD Conference Room 610—3:00 pm There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:35 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman,William Varian These Minutes were approved by the Board/Chairman on as presented , or as amended 5 Collier County Code Enforcement Department Blight Prevention Program Cumulative Code Enforcement statistics 11/2008—11/24/2013: Total Abatement Costs Paid By Lenders(savings to taxpayers) $3,329,782,54 Total Violations Abated by Lenders 2973 7/2009—11/24/2013: Amount of Fines Waived (BCC, CEB,OSM)since July 2009 $ 14,000,107.11 Department Performance Statistics 1 Week 4 week Cumulative FY14 _ 11/18-24/13 10/28/13-11/24/13 Abatement Costs Paid by Lenders $2,000.00 $17,892.81 $30,791.81 Violations Abated by Lenders 5 33 64 Number of Code Cases Opened 182 1036 1484 Number of Educational Patrols 144 691 1317 Number of Code Case Property Inspections 473 2237 3953 Number of Cases Closed with Voluntary Compliance 52 212 409 Number of Community Meet and Greet events 2 6 22 Number of Community Clean-up Events 0 2 3 Number of vacant home sweeps 2 12 16 Code Enforcement Board and Special Magistrate Orders 25 36 59 Number of Liens Filed 0 52 53 Number of Nuisance Abatements Processed 11 78 144 Amount of Fines Waived (BCC, CEB,OSM) $131,450.00 $216,500.00 $666,150.00 New Bankruptcy Filing Notifications 2 4 5 Number of Bankruptcy Documents Received 8 26 39 Number of Cases Affected by Bankruptcy 51 Average 50 Average 50 Number of Requests for Property Payoff Requests 11 48 110 Number of Requests for Property Lien Searches 180 645 1205 Number of Lien Searches Completed with Open Code 14 50 100 Cases Number of Cases Open due to Lien Search 1 3 3 Number of Permits Issued:Garage Sale, Recreational 67 254 478 Vehicle Number of Citations processed from DAS, PU, PR,SO, &CE 152 345 725 Average Time from Complaint to Completion of Initial 2 1 2 Inspection Average Number of Code Cases Per Investigator 38 38 37 For period of:11/18-24/2013 Open Cases by District Golden Gate—218 East Naples-214 Immokalee— 172 Golden Gate Estates—200 North Naples—193 Total Open Cases—997 Report by Case Type Animal—1 Accessory Use-0 Land Use-9 Noise—4 Nuisance Abatement—18 Occupational License—4 Parking Enforcement-0 Property Maintenance—12 Right of Way -3 Sign-4 Site Development—11 Snipe Sign—92 Temporary Land Use-2 Vehicle—12 Vehicle for Hire-1 Vegetation Removal—9 Total-182 Complaint Reported by: 1 Week 4 Week Since BCC policy 3/12/13 11/18-24/13 10/28/13-11/24/13 Elected Official 1 7 145 Anonymous accepted 0 3 20 Anonymous not accepted 7 36 501 pursuant to BCC policy Office of the Fire Code Official Summary of Ran Review Activity October._1 3 Architectural Reviews 804 Sprinkler Reviews 67 Underground Reviews 11 Fuel&LP Gas Reviews 10 Hoods&FSUP Reviews 17 Alarm Reviews 132 SDP Reviews 80 Total#of Plans Reviewed 1121 Number of Work Days 23 Average#of Plans Reviewed per Day 49 ASAP Reviews per Building Department: 19 Architecturals 38 AC Change outs 13 Low Voltage 10 Tents Total#of ASAP Reviews*: 80 Total ASAP Reviews per Day 3 *Overtime Reviews are not included in this figure Scheduled Meetings/Hours: Ed: 53.50 Hrs. Bob: 29.16 Hrs. Jackie: 2.25 Hrs. Ricca: 2.00 Hrs. Maggie: 1.53 Hrs. Classes and Seminars attended by FCO: Participant 10/14-10-16 FSPK Class,St.Petersburg Jackie de la Osa Total Overtime Hours for the Fire Code Off 48 *Overtime Hours Reimbursed by Contractor 42 (20 Reviews) Training Room Usage Summary Meetings: Agency Type #of Hours #of Participants 10/8 ENFD Board 1.5 30 10/17 FSPK Committee Monthly 1 6 10/17 FALR Committee Monthly 1 10 Classes: 10/7 ENFD/GGFD ACLS 8 13 10/11 ENFD/GGFD ACLS 9 10 In addition to the above-mentioned tasks,The Fire Code Official's Office fields numerous phone calls,walk-ins,field inspections and impromptu meetings. Office of the Fire Code Official 2700 N.Horseshoe Or. Naples,FL 34104 Fire Plan Review-Time Frame Summary October-13 Number Number Average A of %of Percentages of of Time in Reviews Reviews Within Time Reviews Days Days Approved Approved Frames Architectural Reviews Total 804 4633 5.76 1st Review 625 4268 6.83 511 82% 79/10 Days 23 Day Max 2nd Review 133 274 2.06 115 86% 85/3 Days 3rd Review 33 84 2.55 28 85% 85/3 Days 4th Review 12 6 0.50 2 17% 67/3 Days 5th Review 1 1 1.00 1 100% 100/3 Days Total 2-5 Reviews 179 365 2.04 146 82% 84/3 Days 16 Day Max Fire Sprinkler Reviews Total 67 203 3.03 1st Review 40 153 3.83 22 55% 100/10 Days 9 Day Max 2nd Review 17 31 1.82 11 65% 88/3 Days 3rd Review 8 15 1.88 6 75% 88/3 Days 4th Review 1 4 4.00 0 0% 0/3 Days 5th Review 1 0 0.00 1 100% 100/3 Days Total 2-5 Reviews 27 50 1.85 18 67% 85/3 Days 7 Day Max Underground Reviews Total 11 65 5.91 1st Review 10 63 6.30 7 70% 90/10 Days 12 Day Max 2nd Review 1 2 2.00 1 100% 100/3 Days Total 2nd Review 1 2 2.00 1 100% 100/3 Days 2 Day Max Fuel&LP Gas Reviews Total 10 46 4.60 1st Review 9 45 5.00 4 44% 100/10 Days 10 Day Max 2nd Review 1 1 1.00 1 100% 100/3 Days Total 2nd Review 1 1 1.00 1 100% 100/3 Days 1 Day Max Rood&FSUP Reviews Total 17 45 2.66 1st Review 9 32 3.56 8 89% 100/10 Days 10 Day Max 2nd Review 7 10 1,43 5 71% 86/3 Days 3rd Review 1 3 3.00 1 100% 100/3 Days Total 2-3 Reviews 8 13 1.63 6 75% 88/3 Days 4 Day Max Fire Alarm Reviews Total 132 273 2.07 1st Review 95 238 2.51 40 42% 100/10 Days 5 Day Max 2nd Review 34 33 0.97 21 62% 100/3 Days 3rd Review 3 2 0.67 3 100% 100/3 Days Total 2-3 Reviews 37 35 0.95 24 65% 100/3 Days 2 Day Max Summary 1st Review 788 4799 6.09 592 75% 83/10 Days 2nd Review 193 351 1.82 154 80% 3rd Review 45 104 2.31 38 84% 4th Review 13 10 0.77 2 15% 5th Review 2 1 0.50 2 100% Total 2-5 Reviews 253 466 1.84 196 77% 87/3 Days Overall Totals 1041 5265 5.06 788 76% Office of the Fire Code Official 2700 N.Horseshoe Dr. Naples.Ft.34104 Public Utilities Division IRRIGATION ORDINANCE No.2002-17 -PROPOSED AMENDMENT Vision To optimize limited available water resources used for all uses. Mission To provide the highest quality water to our irrigation customers with optimized quantities managed through conservation measures. Guiding Principles 1. Continue to provide high quality irrigation water 2. Continue to improve conservation to meet current and future demand 3. Establish a conservation culture through financial incentives 4. Provide highest quality public education program 5. Establish an appropriate compliance program to achieve full adherence Summary Public Utilities Division (PUD) has worked in conjunction with the South Florida Water Management District (SFWMD) to ensure that regulations are aligned to optimize water conservation for water supply planning and the issuance of permits to safeguard resources for future generations. Irrigations restrictions and financial incentives have been proven to be an effective means of water conservation. PUD has responsibilities that include the supply of potable and IQ water; it does not have any responsibilities with regards to landscaping. Conservation measures should be fairly and similarly applied no matter which water source is used. Key Changes Clarifications have been provided throughout the proposed Ordinance Amendment, including some additional definitions. SECTION THREE—amending Section Five 5.1 - Although irrigation operation continues to be restricted to three days per week for both odd and even addresses, the hours of operation do not permit any irrigation from any water source between 10:00 am and 4:00 pm. Friday remains a dry day. 5.3 —This section has been completely revised at the recommendation of SFWMD to reflect the requirements of the Florida Statutes on automatic irrigation systems. SECTION FOUR—amending Section Seven 7.1 — Landscaping irrigation from which the source of the water is 100%reclaimed water is no longer exempted from the irrigation hours operating restrictions. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses is formally exempted. Intensive recreational areas, such as playgrounds, football, baseball and soccer fields from which the source of the water is IQ water is formally exempted. 7.2— Applications for variances has been updated to include the appropriate grantor, including the Water, and Wastewater Directors, or their designees and the SFWMD, for non PUD water resources. SECTION FIVE—amending Section Eight 8.1 — This section has been completely revised to follow the County's Code of Laws and Ordinances. The previous version of the ordinance required that a citation always be issued with a fine of$75.00 for all violations and did not provide for education. SECTION SIX This section repeals Ordinance No. 2000-61. Schedule DSAC December 4, 2013 BCC January 28,2014—permission to advertise BCC February 25, 2014—approval of amendment Project delivery team: Steve Messner, Water Department Director Beth Johnssen, Wastewater Department Director Joe Bellone, Director Financial Operations Peter Lund,Manager Customer Service and Utilities Education and Compliance oN 1 t CEIVit I ORDINANCE NO.2002- 17 <-,A WATER IRRIGATION ORDINANCE OF COLLIER COUNTY; RESTRICTING THE HOURS OF WATER IRRIGATION IN UNINCORPORATED COLLIER COUNTY; PROVIDING TITLE AND APPLICABILITY; PROVIDING FINDINGS, PURPOSE, AND DEFINITIONS; PROVIDING IRRIGATION HOURS AND OPERATIONAL REQUIREMENTS; PROVIDING EXEMPTIONS AND VARIANCE PROCEDURES; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS,Chapter 125,Florida Statutes,authorizes Boards of County Commissioners to enact ordinances deemed by the respective Board to be necessary to protect the health,safety, and welfare of the residents,citizens,or visitors of the respective County,and WHEREAS,the Board of County Commissioners of Collier County has determined that the protection of water resources is in the best interest of and for the long-term protection of the health,safety,and welfare of the residents,citizens,and visitors to Collier County,and WHEREAS,the Board of County Commissioners of Collier County has also determined that water conservation is an integral part of protecting current and future water resources,and WHEREAS,the Board of County Commissioners has deemed that placing certain restrictions on the use of water for irrigation is an effective means of conserving water. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: Zy�_ N 'rr O f—� N SECTION ONE: TITLE. -`�'• • �v '1 1.1 This Ordinance shall be called"The Collier County Water Irrigation(iajnanc$" SECTION TWO: FINDINGS. gn r`' 3>ri cn 2.1 Irrigation places a significant demand on water resources of Collier County, including the potable water supply system, 2.2 That adopting this Ordinance to limit allowable hours of irrigation is to promote conservation,to protect water resources,and to reduce demand upon all water sources,including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigation pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. SECTION THREE: PURPOSE AND APPLICABILITY. 3.1 The primary purpose of this Ordinance is to provide the regulatory framework to assist in conservation of water resources through consistent and uniform application of restrictions on use of water for irrigation in unincorporated Collier County. 3.2 This Ordinance shall be applicable notwithstanding any other Collier County Ordinance. SECTION FOUR: DEFINITIONS The following definitions apply throughout this Ordinance: 4.1 "County"means Collier County,a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District and Goodland Water District. 4.2 "Code Enforcement Officer"means any authorized agent or employee of the County whose duty it is to enforce the County's codes. 4.3 "Impervious Surfaces"means surfaces that do not allow penetration of water, including,but not limited to,paved or concrete roads,paved or concrete sidewalks,paved or concrete driveways,paved or concrete parking lots,or highly compacted areas including shell or clay. 4.4 "Irrigation"means the application of water by means other than natural precipitation. 4.5 "Irrigation Systems"means equipment and/or devices which deliver water to landscaping being irrigated including,but not limited to,pumping stations and controls,control structures,ditches,public or private wells,piping,valves, fittings,and emitters. 4.6 "Landscaping"means all residential,commercial,institutional,industrial,and governmental areas which are considered as lawns or ornamentally planted, including,but not limited to,sod,grasses,turf,ground covers,flowers,shrubs, trees,mulch,hedges,and other similar plant materials. 4.7 "Low Volume Irrigation Systems"means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.8 "Low Volume Hand Watering"means watering attended by one person with one hose equipped with a self-canceling or automatic shutoff nozzle. 4.9 "Low Volume Mobile Equipment Washing"means the washing of mobile equipment with a bucket and sponge,a single hose with a self-canceling or automatic shutoff nozzle,low volume pressure cleaning equipment,or any combination of the preceding methods of washing. 4.10 "Low Volume Pressure Cleaning"means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards. 4.11 "Pervious Surface"means every improved or unimproved surface that allows water to readily soak into,or recharge,the water aquifer under such surface. 4.12 "Water Resources"means any and all water on or beneath the surface of the ground,including,but not limited to,natural or artificial watercourses,lakes, ponds,and artificial water features,and water percolating,standing,or flowing beneath the surface of the ground. SECTION FIVE: IRRIGATION HOURS;OPERATIONAL REQUIREMENTS 5.1 All water irrigation activities within the specified geographic area(s)and within the boundaries as designated in Section Six,and which are not exempted by Section Seven,shall be restricted to the days and hours as specified in Table 1. 2 Table I.Collier County Water Irrigation Restrictions Landscaping Irrigation—Established ODD Numbered Addresses 3 days each week;Monday,Wednesday,Saturday; 12:01 AM to 8:00 AM for all types of irrigation;5:00 PM to 7:00 PM for Low Volume Hand Watering. EVEN Numbered Addresses 3 days each week;Tuesday,Thursday,Sunday,12:01 AM to 8:00 AM for all types of irrigation;5:00 PM to 7:00 PM for Low Volume Hand Watering. Landscaping Irrigation—New(in place less than 60 days) ALL Addresses 5 days each week;Monday through Friday, 12:01 AM to B:00 AM for all types of irrigation;Low Volume Hand Watering allowed anytime. Irrigation System Maintenance Existing Systems 10 minutes per zone per week;person must be present in zone and working on the system during each such operation. New Systems 30 minutes per zone,one time only;person must be present in zone and workin&on the system during such operation. Pesticide,Fungicide,Herbicide,Fertilizer Application ALL Addresses Application shall be coordinated with the scheduled day/time for Landscaping Irrigation;if applied outside of the allowed hours,and"watering in"is specified by the manufacturer of the applied material,a licensed application technician must be on the premises. Other Outdoor Water Uses ALL Other Outdoor Water Other outdoor water uses,including car,truck,and boat Uses washing and the washing of exterior home surfaces and roofs, shall be allowed anytime with the use of Low Volume Pressure Cleaning Equipment,Low Volume Mobile Equipment Washing and/or water hose equipped with an automatic self-canceling or automatic shutoff nozzle;in all cases,the water used must drain to a pervious surface or to a water recycling/reuse system. 5.2 All water irrigation activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface. 5.3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. 5.3.1 A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one (1)year of the effective date of this Ordinance. 5.3.3 The rain sensor switch shall be maintained in fully operational condition at all times by the owner/operator of the irrigation system. 5.4 All water irrigation activities prohibited or restricted from time-to-time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to Section 373.175,Florida Statutes,shall automatically be incorporated into and be enforceable by application of this Ordinance.Each such Order shall apply to such geographic areas in Collier County as is specified in the respective Order,or if not specified,as otherwise then provided by law. Each Order shall be subject only to such exceptions as are specified in the respective Order,and if not specified therein,as otherwise then provided by law. SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS 6.1 The provisions of this Ordinance shall apply only in the unincorporated geographic areas in Collier County. • 3 SECTION SEVEN: EXEMPTIONS;VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: 7.1.1 Landscaping irrigation from which the source of the water is 100% reclaimed water. 7.1.2 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly from a Low Volume Irrigation System. 7.1.4 Use of Low Volume Mobile Equipment Washing provided all unused water drains into only a pervious ground surface. 7.1.5 Water use to the extent authorized by a specific Consumptive Use Permit,or similar permit,issued to the respective water user by the South Florida Water Management District. 7.2 Any individual's or entity's irrigation that is affected by this Ordinance may make application to the County Water Department Director to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation.Variance relief may be granted only upon a written application applying for the variance,which application contains proof that the irrigation hardship is peculiar to that individual,entity,or that affected property;that the hardship is not self-imposed; that the granting of the variance would be consistent with the general intent and purpose of this Ordinance;that the variance is necessary to eliminate an inequitable irrigation hardship;and that each variance shall vary the irrigation restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the Director or his designee of the necessity for the variance.If the initial decision is made by the Director's designee,the only appeal shall be to the Director,and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1,below. 7.2.1 The County's Water Director,or individual designated by the Water Director,shall be the only individual(s)authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten(10)days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later then ten(10)days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance,and/or the granting of a variance,shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance,or otherwise. SECTION EIGHT: PENALTIES 8.1 Each violator of this Ordinance shall be issued a citation that specifies a fine of seventy-five dollars($75.00),plus any then applicable costs as specified in the citation issued pursuant to procedures of the Collier County's Citation Ordinance.The applicable fine shall be$75.00 notwithstanding that said Ordinance specifies fines that always exceed$75.00. Persons who commit repeat violations may also be punished pursuant to§162.21,Florida Statutes,as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00).Any person who violates any provision of this Ordinance shall also be subject to the County's remedies as authorized by§125.69,Florida Statutes, Section 1-6 of the County's Code of Laws and Ordinances,or as otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. 4 8.1.1 Each day,or part thereof commencing at noon of the respective day,that a violation of this Ordinance occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION NINE: CONFLICT AND SEVERABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and to protect the water resources of Collier County.If any section,phrase,sentence,or portion of this Ordinance is,for any reason, held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate,distinct,and independent provision,and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County,Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such,and the word"ordinance"may be changed to"section,""article,"or any other appropriate word. SECTION ELEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADO D by the Board of County Commissioners of Collier County,Florida,this 9*day of f Rr ,2002. �,tttumtnnrr,i;;., A """'•` BOARD OF COUNTY COMMISSIONERS OVVIZ�.;1 BROC&,"Clerk COLLIER COUNTY,FLORIDA ALL�tt fit $0 Pm Irwin's 1101401*1:1, ale�y�• �'�"�t,i�A L��.i Imo/ / •• By :1440'y�clerk t � I' S N.COLETTA,Chairman Approved as to form and This ordinance filed with the legal sufficiency Secretary of$tote's Office the /L day of aAi*g-', y �" and acknowledgement of of that Thomas C.Palmer, fill received this/gam-day of Assistant County Attorney By Deputy Clerk 5 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of : ORDINANCE NO. 2002-17 Which was adopted by the Board of County Commissioners on the 9th day of April, 2002, during Regular Session. Cj N r m °o WITNESS my hand and the official seal of the Boardno# cn m County Commissioners of Collier County, Florida, this 10 day c 4 of April, 2002 . o U' N 7 _ >j cJt DWIGHT E.:'BROW"�� , Clerk of CoPh;' 4P40.rk Ex-off County Co ri is `1i0rr, &fit tiCtt114).:340V.W.. By: Teri M.ir.:�iae ; ,s J ' Deputy .0 �t� <' Zer•k ORDINANCE NO.2013 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2002-17, THE COLLIER COUNTY WATER IRRIGATION ORDINANCE; BY AMENDING SECTION TWO, FINDINGS; SECTION FOUR, DEFINITIONS; SECTION FIVE, IRRIGATION HOURS; OPERATION REQUIREMENTS; SECTION SEVEN, EXEMPTION; VARIANCES; AND SECTION EIGHT, PENALTIES; PROVIDING FOR THE REPEAL OF ORDINANCE NO 2000-61, AS AMENDED, IN ITS ENTIRETY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on April 9, 2002, the Board of County Commissioners (Board) adopted Ordinance No 2002-17, the Collier County Water Irrigation Ordinance, which placed certain restrictions on the use of water for irrigation as a means to protect water resources through conservation; and WHEREAS, the Board recognizes that water conservation is an integral component of required for water supply planning and water resource 'management. Water conservation is necessary in a region with limited supplies as it assists in reducing demand, extending the supply of water from existing sources. This supports economic growth and reduces the need for developing new sources of water. the issuance of permits from the South Florida Water Management District; and WHEREAS, Collier County ;staff, in consultation with the South Florida Water Management District, has recommended revisions to Ordinance No 2002-17, intended to update and clarify certain provisions of the Ordinance; and WHEREAS, Collier County staff has also determined that Ordinance No 2000-61, as amended, originally adopted on September 26, 2000, and also known as "The Collier County Water Irrigation Ordinance," is now superfluous and outdated and is recommending its repeal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: AMENDMENTS TO SECTION TWO OF ORDINANCE NO.2002-17. Section Two of Ordinance No. 2002-17 is hereby amended as follows: Words Underlined are added;Words Struck Through are deleted. Page 1 of 12 SECTION TWO: FINDINGS. 2.1 Irrigation and other outdoor uses places a significant demand on water resources of Collier County, including the potable water supply system. 2.2 That adopting this Ordinance to limit allowable hours of irrigation is to promote conservation, to protect water resources, and to reduce demand upon all water sources, including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigations pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. 2.4 That irrigation restrictions have been proven to be an effective means of water conservation. SECTION TWO AMENDMENTS TO SECTION FOUR OF "ORDINANCE NO 2002-17. Section Four of Ordinance No 2002-17 is hereby amended as follows: SECTION FOUR: DEFINITIONS. The following definitions apply throughout this Ordinance: 4.X "Address" means the street location of a property, building, apartment, or other structure or common area [Nunmbering to be reworked] 4.1 "Alternative Irrigation Methods" means a hose with a sprinkler head attached that can be manually moved from location to location on a property. 4.4-2 "County" means Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District and Goodland Water District for those areas within its jurisdiction. 42 3 "Code Enforcement Officer" means any authorized agent or employee of the County whose duty it is to enforce the County's codes. 4A "Common Areas" means an area of Landscaping within a housing development that is owned by a Homeowner's Association, a Master Association, or a group of property owners, or any area of Landscaping that is irrigated by an irrigation system owned and operated by a Homeowner's or Master Association, or similar Words Underlined are added;Words Struck Through are deleted. Page 2 of 12 area within a commercial, institutional, industrial, and governmental property not covered by an exemption or variance. 4.3 5 "Impervious Surfaces" means surfaces that do not allow penetration of water. Including, but not limited to, paved or concrete roads, paved or concrete sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly compacted areas including shell or clay. 4.4-6 "Irrigation" means the application of water, from any water resource, by means other than natural precipitation. 4.5 7 "Irrigation Systems" means equipment and/or devices which deliver water to landscaping being irrigated, including; but not limited to, pumping stations and controls, control structures, ditches, public or private wells,piping, valves, fittings and emitters. 4_8 "Irrigation Quality (IQ) Water" shall mean alternative water resources other than potable water, available to the District and shall include: (a) wastewater that has received the treatment established by the Florida Administrative Code, Rule 62-610.460, currently defined as wastewater that meets, at a minimum, secondary treatment and high-level disinfection after disinfection and before discharge to holding ponds or the IQ Water System and(b) Supplemental Water Supplies such as ground or surface water. IQ Water may also be referred to as reuse water, effluent water or reclaimed water. 4.6 9 "Landscaping" means all residential, commercial, institutional, industrial, and governmental areas which are considered as lawns or ornamentally planted, including but not limited to, sod, grasses, turf, ground covers, flowers, shrubs, trees,mulch, hedges, golf course non play areas, and other similar plant materials. "Landscaping" does not include agricultural crops, nursery plants, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas, such as playgrounds, football, baseball and soccer fields. 4.4 10 "Low Volume Irrigation Systems" means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the Words Underlined are added;Words Struck Through are deleted. Page 3 of 12 plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.8 11 "Low Volume Hand Watering" means watering attended by one person with one hose equipped with a self-canceling or automatic shutoff nozzle. 4.9 12 "Low Volume Mobile Washing Equipment Washing" means the washing of mobile equipment with a bucket and sponge, a single hose with a self-cancelling or automatic shutoff nozzle, low volume pressure cleaning equipment, or any combination of the preceding methods of washing. 4.4-0 13 "Low Volume Pressure Cleaning" 'Means pressure cleaning by means of equipment that is specifically designed to reduce' the volume of water used as accepted by industry standards. 4.14 "Other Outdoor Uses" means uses including, but not limited to, car, truck, and boat washing and the washing of exterior home surfaces and roofs,' 4.4-1- 15 "Pervious Surface" mean's every improved or unimproved surface that allows water to readily soak into; or recharge,the aquifer under such surface. 4.4-2 16 "Water Resources" means any and all water on or beneath the surface of the ground, including, but not limited Ito, potable water production wells, IQ water, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2002-17. Section Five of Ordinance No. 2002-17 is hereby amended as follows: SECTION FIVE: IRRIGATION HOURS; OPERATION REQUIREMENTS 5.1 All water irrigation activities, and other outdoor uses, using water resources as defined, within the specified geographic area(s) and within the boundaries as designated in Section Six, and which are not exempted by Section Seven, shall be restricted to the days and hours as specified in Table 1. Table 1. Collier County Water Irrigation Restrictions Landscaping Irrigation—Established ODD Numbered 3 Days each week; Monday, Wednesday, Saturday; 12:01 AM to Words Underlined are added;Words Struck Through are deleted. Page 4 of 12 Addresses 5:88 10:00 AM and/or from 4:00 PM to 11:59 PM for all types of irrigation;,5:00 PM to 7:00 PM for Low Volume Hand Watering. Irrigation is not permitted between 10:00 AM and 4:00 PM. EVEN Numbered 3 Days each week; Tuesday, Thursday, Sunday; 12:01 AM to &88 Addresses, 10:00 AM and/or from 4 PM to 11:59 PM for all types of irrigation;. 5:00 PM to 7:00 PM for Low Volume Hand Watering. Irrigation is not permitted between 10:00 AM and 4:00 PM. COMMON Areas 3 Days each week; Tuesday, Thursday, Sunday; 12:01 AM to with irrigation 10:00 AM and/or from 4 PM to 11:59 PM for all types of systems that irrigate irrigation. both odd and even Irrigation is not permitted between 10:00 AM and 4:00 PM. addresses, and properties with no address. Landscaping Irrigation—New(in place less than 60 days) ALL Addresses 6 days each week; Mondays, Tuesdays, Wednesdays, Thursdays, Saturdays and/or Sundays during the hours allowed for regular landscape irrigation. 12:01 AM to 8:00 AM for all types of irrigation; Low Volume Hand Watering allowed anytime. An entire irrigation system zone can only be watered if it contains at least 50 percent new landscaping. Irrigation System Maintenance Existing Systems 10 minutes per zone per week; person must be present in zone and working on the system during such operation New Systems 30 minutes per zone, one time only; person must be present in zone and working on the system durin. such operation. Pesticide,Fungicide, Herbicide, Fertilizer Application All Addresses Application shall be coordinated with the scheduled day/time for Landscape Irrigations; if applied outside of the allowed hours, and `watering in" is specified by the manufacturer of the applied material, the property owner and/or a licensed application technician commercial applicator (in accordance with the requirements of Ordinance No. 11-24) must be on the premises during such use. Other Outdoor Water Uses ALL Other Outdoor Other outdoor water uses, including car, truck, and boat washing Water Uses and the washing of exterior home surfaces and roofs, shall be allowed anytime with the use of Low Volume Pressure Cleaning Equipment, Low Volume Mobile Equipment Washing and/or water hose equipped with an automatic self-cancelling or automatic Words Underlined are added;Words Struck Through are deleted. Page 5 of 12 shutoff nozzle; in all cases, the water used must drain to a pervious surface or to a water recycling/reuse system. 5.2 All water irrigation and other outdoor use activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface. 5_3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. Devices, such as soil moisture sensors, evapotranspiration-based controllers or rain sensors, shall be required, pursuant to Section 373.62(1), Florida Statutes on automatic irrigation systems, no matter what water resource is used, to prevent irrigation during periods of sufficient moisture. Any person who purchase, installs or operates an l automatic landscape irrigation system on their property must properly install, maintain, and operate, in accordance with manufacturer specifications, technology that inhibits or interrupts operation of the system during periods of sufficient moisture 5.3.1 Devices, such as soil moisture sensors, evapotranspiration-based controllers or rain sensors, shall be retrofitted on existing irrigation systems, not previously included in the Ordinance, within one (1) year of the effective date of this Ordinance Amendment. 5.3.1 A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one(1) year of the effective date of this Ordinance. • • �- .. -- . - .: rator of the irrigation system. 5.4 All water irrigation or other outdoor use activities prohibited or restricted from time-to-time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to Section 373.175, Florida Statutes, shall automatically be incorporated into and be enforceable by application of the Ordinance. Each such Order shall apply to such geographic areas in Collier Words Underlined are added;Words Struck Through are deleted. Page 6 of 12 County as is specified in the respective Order, or if not specified, as otherwise then provided by law. Each Order, and if not specified therein, as otherwise then provided by law. 5.5 No more than three-fourths ('A) inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than one (1)hour per irrigation zone on each day that irrigation occurs. Broken or misdirected irrigation spray heads, irrigation system leaks, and other irrigation system malfunctions shall be repaired within seven (7) days of delivery of written notification by county personnel to the address where the problem occurs. All landscape irrigation shall be limited in amount to only that necessary for efficient utilization 5.5.1 Irrigation systems; application of water. New or substantially altered irrigation systems.All irrigation systems installed or substantially modified after the effective date of this Ordinance, shall comply with the requirements set forth in this paragraph: 5.5.1.a Irrigated zones shall receive only one (1) form of spray, rotor, drip or other irrigation application. 5.5.1.b Irrigated turf areas shall be on separate irrigation zones from other landscape plant groupings' 5.5.1.c Overhead or spray landscape irrigation may be used for turfgrass and other ground cover having a mature or maintained height of no greater than one (1) foot. All other landscape plants, including but not limited to trees and shrubs shall be irrigated using only micro-irrigation at the base of the plant or within the dripline of a tree, as appropriate, or by handheld hose or watering can 5.5.1.d Landscape areas, including turf areas, measuring four (4) feet or less in width, shall be restricted to micro-irrigation and meet applicable landscape requirements set forth in chapter 24. This provision shall not be applicable to turf located on rights-of-way. 5.5.1.e Notwithstanding any other provision of this section, no retrofitting shall be required so long as the substantial modification to an irrigation system causes a net decrease in the flow or volume produced by the emitters. 5.5.2 Irrigation system installation and maintenance. 5.5.2.a No irrigation system shall be designed, constructed, or substantially modified, whether on residential or commercial property, except by Words Underlined are added;Words Struck Through are deleted. Page 7 of 12 licensed contractors or professionals; provided, however, that to the extent otherwise authorized by Florida law or this Code, a homeowner or property owner may construct, maintain and repair an irrigation system on his or her property. 5.5.2.b All irrigation equipment shall be operated in accordance with the individual system guidelines and maintained in good working order to prevent leaks and wasteful or unnecessary use of water. Irrigation runoff and overspray shall be minimized. 5.5.2.c All hand-held water hoses in use for landscape irrigation must be equipped with a functional automatic shut-off nozzle. 5.5.2.d Irrigation system controllers installed after the effective date of this Ordinance, for irrigation of golf courses, playing fields, and public recreation shall be equipped with functional soil moisture sensors. SECTION FOUR: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2002-17. Section Seven of Ordinance No 2002-17 is hereby amended as follows: SECTION SEVEN: EXEMPTION; VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: - reclaimed water. 7.1.2 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly fi•om a Low Volume Irrigation System. 7.1.4 . .. . .. .. . _ .. . drains into only a pervious ground surface The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 7.1.5 Water use to the extent authorized by a specific consumptive use permit, Water Management District. Words Underlined are added;Words Struck Through are deleted. Page 8 of 12 7.1.6 Intensive recreational areas, such as playgrounds, football, baseball and soccer fields from which the source of the water is IQ water. 7.1.7 The use of recycled water from wet detention treatment ponds is allowed anytime provided such ponds are not augmented by any groundwater, or off-site surface water, or public water supply sources. 7.1.8 Irrigation using a micro-spray,micro jet, drip, or bubbler irrigation system is allowed anytime. 7.1.9 Discharge of water from a water-to-air air-conditioning unit or other water-dependent cooling system is allowed anytime. 7.1.10 The use of water which meets,or exceeds the consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C., or which is authorized under a consumptive use permit pursuant to Rule 40C-2.042(2)(c), F.A.C. 7.2 Any individual's or entity's irrigation or other outdoor use that is affected by this Ordinance may make application to the County Water Department Director to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation or other outdoor use Variance relief may be granted only upon a written application applying for the variance, which application contains proof that the irrigation or other outdoor use hardship is peculiar to that individual, entity, or that affected property; that the hardship, is not self-imposed; that the granting of the variance would be consistent,with the general intent and purpose of this Ordinance; that the variance is necessary to eliminate an inequitable irrigation or other outdoor use hardship; and that each variance shall vary the irrigation or other outdoor use restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation or other outdoor use hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the grantor Director or his designee of the necessity for the variance. Applications to request a variance shall be forwarded as follows: To the county water department director or his designee, for potable water. To the county wastewater department director or his designee, for IQ water. To the South Florida Water Management District for all other water use classessources. Words Underlined are added;Words Struck Through are deleted. Page 9 of 12 If the initial decision is made by the Director's designee, the only appeal shall be to the Director, and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1,below. 7.2.1 The County's Water or Wastewater Director, or individual designated by the Water or Wastewater Director, shall be the only individual(s) authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten (10) days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later than ten (10) days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance,or otherwise. 7.3 The installation of devices, such as soil moisture sensors, and evapotranspiration- based controllers, pursuant to Section 373.62(1). Florida Statutes on automatic irrigation systems, allow property owners to qualify for a variance from the restrictions of this Ordinance. When;,an application is received the irrigation system and sensor will be inspected before a variance is granted. SECTION FIVE: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2002-17. Eight of Ordinance No. 2002-17 is hereby amended as follows: SECTION EIGHT: PENALTIES 8.1 - . - - • - - - e - .. _ . . • . •. . . - . The applicable fine shall be $75.00 netwithstanding that said Ordinance specifies Words Underlined are added;Words Struck Through are deleted. Page 10 of 12 any provision of this Ordinance shall also be . . - - -- -. -- .•- . . -- • ... . .. ... ' .. - . •-- determined by the forum selected to enforce the violation. A violation of any section of this Ordinance may be prosecuted pursuant to F.S. § 162.21, as a civil infraction with a maximum civil penalty not to exceed $500.00. Any person who violates any provision of this Ordinance shall also be subject to the County's remedies as authorized by F.S. § 125.69, Section 1-6 of the County's Code of Laws and Ordinances, or as otherwise then allowed by law. 8.1.1 Each day, or part thereof commencing at noon of the respective day, that a violation of this Ordinance occurs by the same individual or entity may be deemed by the'finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Public Utilities Division's Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION SIX: REPEAL OF ORDINANCE NO. 2000-61,AS AMENDED. Ordinance No 2000-61, as codified in Section 134-286 through Section 134-293 of the Collier County Code of Laws and Ordinances, and all amendments thereto, is hereby repealed in its entirety. SECTION SEVEN: CONFLICT AND SEVERABILITY. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and protect the water resources of Collier County. If any section, phrase, sentence, or portion of the Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, Words Underlined are added;Wotds Struck Through are deleted. Page 11 of 12 distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of.County Commissioners of Collier County, Florida, this day of , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: B Y By: ,!Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved as to form and legality: Scott R. Teach Deputy County Attorney Words Underlined are added;Words Struck Through are deleted. Page 12 of 12