Ordinance 2001-021 ORDINANCE 2001- 21
AN ORDINANCE AMENDING THE CODE OF
LAWS AND ORDINANCES OF COLLIER COUNTY,
FLORIDA, AMENDING ARTICLE VI,a WHICH
REGULATES AND CONTROLS LITTER, WEEDS,
AND EXOTICS WITHIN THE UNINCORPORATED
AREA OF COLLIER COUNTY, AS PROMULGATED
BY ORDINANCE 99-51, AS AMENDED, AMENDING
SECTION 54-188, NOTICE OF VIOLATION, TO
REQUIRE ANNUAL PUBLICATION OF A PUBLIC
NOTICE PERTAINING TO CONTROL OF WEEDS;
AMENDING SECTION 54-189, PERTAINING TO
NOTICES OF VIOLATIONS AND ABATEMENT
PROCEDURES; AMENDING SECTION 54-190,
ASSESSMENT FOR ABATING NUISANCES, TO
CORRECT SCRIVENER'S ERRORS AND MAILING
REQUIRMENTS; AMENDING SECTION 54-191,
ENFORCEMENT PROCEDURES, PERTAINING TO
MEANS OF ENFORCEMENT TO ALLOW ALL
MEANS ALLOWED BY THIS CODE; AMENDING
SECTION 54-192, IMMEDIATE CORRECTIVE
ACTION, TO REFLECT CHANGES MADE BY THIS
ORDINANCE; AMENDING SECTION 54-193,
PROCEDURES FOR MAILING NOTICES,
PERTAINING TO THE EFFECT OF MAILED
NOTICES TO MAKE CONSISTENT WITH OTHER
SECTIONS; ADDING SECTION 54-195,
MANDATORY LOT MOWING PROGRAM,
ADDING NEW PROCEDURES; PROVIDING FOR
CONFLICT AND SEVERABILITY, INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statues, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the County by
enacting and enforcing regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners (Board) has determined that
controlling the excessive growth of weeds is in the public's best interest; and
WHEREAS, the Board has determined that: the notice of violation and abatement
procedures need to be further clarified, an annual public notice will enhance public awareness of
the requirements imposed by these regulations, shorter time flames within which the County may
abate violations is warranted, and a mandatory County lot mowing procedure for repeat
violations should be established.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Words slvac!.' '2~roug!~ are deleted, words underlined are added.
SECTION ONE: Article VI. Section 54-188, Notice of Violation. of the Code Of Laws And
Ordinances Of Collier County, Florida. is amended as follows:
Sec. 54-188. Notice of Violation.
(a) Annual Published Notice: Annually, the County Manager, or his designee£s~k
shal! will publish "'" r.^.;~., r, .... ... T ;.+ ....... .~ ~...~ r:..^.;~ r'^...r~d r~..m ....... '~ or cause to
be published, a public Notice, in substantially the following form, which details the abatement
procedures contained therein for violations described in sections 54-180, 54-183, 54-185, and
54-186 herein. That Ordinance shah This Notice will be published in a newspaper of general
circulation for a minimum of four '~:'~" ........ ';"~ Sundays beginning with the first Sunday in
January of each year, and on every other Sunday thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMENT OF
COLLIER COUNTY~ FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-Ordinance
99-51~ as amended~ Section Eleven~ codified as Section 54-186 of the Collier County
Code of Laws and Ordinances~ reqnires that all owners of developed and undeveloped
lots shall control all excessive growth of grasses or weeds over 18 inches by mowing. All
lots with snch vegetation over 18 inches in height will be identified by a Code
Enforcement investigator and a Notice of Violation and Order to Correct may~ at the
Connty's option~ be mailed to the property owner(s) or posted on the lot. If posted~ a
copy of this notice will also be posted at the Collier County Courthouse at 3301
Tamiami Trail E, Naples~ FL 34112.
A posted notice may~ at the option of the County~ be used in lieu of mailing individual
letters to property owners. After ten (10) days fi'om the date of posting or mailing, if no
action is taken the County will abate the violation by contracting for the lot to be
mowed by a mowing, contractor. A bill will then be sent to the lot's owner of record for
the mowing fees plus an administrative fee of $100.00. Additional charges can be
assessed for oversized lots on' extremely overgrown lots. Repeat violators may be
st!biect to additional fees or charges~ on' after three violations may be included in a
mandatory lot mowing program institnted by the Cotmty.
The owner must remit payment for the amounts billed within twen~. (20) days from the
mailing of the County's invoice. If the invoiced bill is not paid within this twen~-day
period~ a Resolntion assessing a lien will be imposed by the Board of County
Commissioners. If recorded~ this resolntion may constitute a lien on ALL OF the
violator's real and personal proper ,ty in Collier Connty. This lien may be paid without
fnrther costs within twenl3/(20) days from the date of approval of the resolntion by the
Board of County Commissioners of Collier Connty. If the lien remains unpaid after one
(I) year fi'om the '.late of the recording the lien~ Collier County may bring suit to
foreclose the lien as set forth in Chapter 173~ Florida Statntes.
All property owners are requested to make arrangements for the proper maintenance
of their land as the practice of sendine mailed Notices of Violation to owners~ in
particnlan' absentee owners~ will be at the option of the Connty. The cooperation of all
affected property owners will assist in reducing the large number of complaints about
such nuisances received each year by the Code Enforcement Department. Compliance
with this reqnirement will also help to control vermin and improve the appearance of
the affected areas of the mdncorporated County.
Words .............. ~., are deleted, words underlined are added.
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Any questions regarding these procedures
Enforcement Department. Phone # (941)
Horseshoe Drivel Naples~ FL 34104.
can be addressed to the Code
403-2440; located (~, 2800 North
Annual publication of this Notice is intended to provide continuing
constructive notice to all affected property owners in Collier County of the
procedures for abatement of the specified violations, and of the
consequences of failing to timely abate cited violations.
(2)
Failure of the County to timely, or fully, publish the Annual Notice will
not be a ground for challenging any enforcement action brought under this
article.
(b) Whenever the County Manager or his designee determines that a public nuisance as
described in section 54-180, 54-183, 54-185, or 54-186 herein exists, he sba!! will cause
one or more of the following forms of notice of violation to be provided to the record
owner or owners of
-v ........ said prope and at .ua t-^,:~,,~,,...,~, t-,.,,.,,...,~+., r,,,....u,.,,,,..,..,,,.o,, .....
informing the ownerL!) of said property of the existence of the nuisance and the
corresponding violation(s). The form and manner of the notice provided will be
determined by the director of code enforcement and will depend on the' number of
violations cited to a particular property owner(s), the number and frequency of any prior
violations at property(s) owned by the violator(s), the timeliness of any prior
abatement(s) of similar violation(s), the existence of other code violations, and of any
previously satisfied, foreclosed, or outstanding code enforcement liens. As a general
rule, certified mail, return receipt requested, should be provided to all first time violators
as set forth in the corresponding procedures below. Posted notices are generally
considered appropriate for repeat violations at the same location or for the same
violator(s), especially when there is a pattern of certified mail sent to property owners
who are not Collier County residents being returned unclaimed or being refused.
{.!3 A Nnotice of violation to may be served posted-on a violator, i.e., the
record owner or owners of the cited said property, either by:
a. Certified mail, return receipt requested, notifying the record
owner(s) of the cited violations via a Notice in substantially the
following form:
Words ~'-'~'
............. ~,. are deleted, words underlined are added.
Collier County Code Enforcement Department
Notice of Violation and Order to Correct
To;
Date:
Ordinance
Violation/Case No.
Property:
Folio _~:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-
described property. As such, you are hereby notified that the Code Enforcement
Director, on __[date]__ determined that a public nuisance exists on your property
pursuant to County Ordinance No. 99-51, as amended, caused by: __.[describe
violation].__
You are further notified that you sba!! must immediately abate this nuisance
within ...... ...... ~,r'7~ ten (10). . days of the date of mailing of this notice by causing the above-
described property to be __[describe how to abate]__ If the violation is not abated
within the time required 12~;17~,, ~.1~;,, ,,,~: ............ ,q- ty
....... ~ ............... j,,~,. },,,% the Board of Coun
Commissioners will cause the nuisance to be abated.
YOUR FAILURE TO ABATE TIlE NUISANCE MAY RESULT IN THE
RECORDING OF A LIEN AGAINST THE LAND ON WHICH THE VIOLATION
EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU
OWN IN COLLIER COUNTY YOUR PROPERTY. The lien shall may include the
d .....County's costs to abate the violation plus an administrative fee of up to $200.00
and ';;ill which may be levied as an assessment against all of the property you 'own.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION. OF
THIS ORDINANCE DURING YOUR OWNERSHIP OF THE REFERENCED
PROPERTY, EVEN THOUGH YOU TIMELY ABATE EACH VIOLATION, YOU
MAY BE CHARGED AN ADDITIONAL ~,~vv r~r~ ,~e ~,e ~
ADDITIONAL ADMINISTRATIVE FEE OF FIFTY DOLLARS PER
VIOLATION AND BE SUBJECT TO THE PROVISIONS OF SECTION 54-195~
PROVIDING FOR INCLUSION OF YOUR PROPERTY IN THE COUNTY'S
MANDATORY LOT MOWING PROGRAM.
You may contest this Notice of Violation and determination of the existence of a public
nuisance by applying in writing, for a hearing before the Board of County Commissioners
within fifleen-(-l~ ten (10) days from the date of mailing of this notice of violation.
b_. by posting a Notice in substantially the following form in a clearly
visible location on the cited property, and at the Collier County
Words ..... v. .......~,.
............. ~., are deleted, xvords underlined are added.
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Courthouse. The posted Notices must be in substantially the following
form:
P 0 S T E D
Collier County Code Enforcement Department
Notice of Violation of Section of Ordinance 99-51, as amended, and Order to Correct
To: (Record Owner(s))
Date Posted:
Violation/Case No.
Property (address):
Folio #:
As the official record owner(s) of the above-described property, you are hereby
notified that a public nuisance exists on this property as of (insert date) in the form of:
(describe violation)_ on the subject property.
You are further notified that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above-described property to
be: (mowed/exotics removed: or otherwise describe how to abate). If the violation is not
abated within the time required, the County may act to cause the nuisance to be abated.
FAILURE TO ABATE THIS NUISANCE MAY RESULT 1N THE RECORDING OF A
LIEN AGAINST THE LAND ON WHICH THE VIOLATION EXISTS AND UPON
ANY OTHER REAL OR PERSONAL PROPERTY YOU OWN IN COLLIER
COUNTY. Such liens may include the County's costs to abate the violation plus an
administrative fee of up to $200.00, all of which may be levied as an assessment against
your property(s).
You may contest this Notice of violation and determination of the existence of a
public nuisance by applying in writing, for a hearing before the Board of County
Commissioners within ten (10) days from the date of posting this notice of violation.
(2) If the same violator(s) receive three or more Notices of violation of this
Ordinance during their ownership of any property in Collier County, even though the violations
may have been timely abated, an additional administrative fee of fifty dollars per new violation
may be charged. In addition, ali cited property(s) may, at the discretion of the County Manager,
or his designee, become subject to the County's mandatory lot mowing program provisions in
Section 54-195.
(3)g. If the property owner or his agent has not abated the identified nuisance as
described in said notice within s~ ten (10) from the date of the notice of violation,
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the County shall will abate the condition and shah will, through its employees, servants, agents
or contractors, be authorized to enter upon the property and take such steps as are reasonably
required to abate the nuisance. However, the County Manager, in his discretion, may extend the
time allowed for taking corrective action up to 180 days for natural disasters as determined by
the State or Federal government.
SECTION TWO: Article VI, Section 54-189, Assessment for abating nuisance, of
the Code of Laws And Ordinances of Collier County, Florida, is amended as follows:
Sec. 54-189. Assessment for abating nuisance.
(a) If After abatement by the County or its agent has abated a violation cited under
this ordinance, the cost thereof to the County as to each parcel shall will be calculated and
reported to the Collier County Code Enforcement Director or his/her designee. An invoice and
statement of account, ~n~ ~^+:~ ^~' ......... ,
,,-r~ ................................ substantially similar to that set forth below,
will be mailed by certified mail, return receipt mail requested to the property owner(s) requesting
payment for the costfj_) of abatement, and. -r~,,, ; .... :~ ,s,~ ,.,;,
............................... an initial
administrative fee of One Hundred ($100.00) dollars per parcel of property. Every invoice and
statement of account required under this section will also provide the violator notice ora ten (1 O)
day period to contest the amount of the invoiced charges, fees, and expenses.
(b) Wh p p rty ~.~.~ +s.~ ..:^,~,:^~ ~..., h
~.,, "..,.. ...... .....,,~* "-~.,~ enever a roe owner .~.....o .....,..,.....,, ..... as
been mailed more than t~eeeNed a total of three notices of violation for separate similar violations
of this ordinance during the property owner'_s ownership of the referenced property, even though
the property owner may have abated each violation, the County shall may mail an invoice and
statement of account substantially similar to that set forth below legal notice of assessment
certified mail, return receipt requested to the property owner. The amount invoiced therein will
include an initial administrative fee of One hundred dollars ($100.00) for each time an invoice
was provided for a violation of this ordinance. After the third notice of violation has been sent to
the same property owner, an additional~,,,,,,r-'~'~ additional administrative fee of Fifty dollars
($50.00) for the processing of the additional notice(s) may be assessed). Each notice of violation
thereafter 0.e., the fourth notice or more) to the same property owner shah will be processed in
the same manner, i.e., invoicing an additional fee of Fifty ($50.00) dollars for each new notice of
violation.
arc deleted, words underlined are added.
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The invoice and statement of account must be substantially in the following form:
INVOICE
STATEMENT OF ACCOUNT
Invoice No.: >
To: Date:
Case No.'
Folio:
Legal Description:
According to County records, you have previously been provided notice of a
public nuisance on property of which you are the record owner. Having failed to abate the
nuisance as of <insert date>, this office has now done so and hereby assesses costs as
follow:
ITEM # DESCRIPTION AMOUNT
ADMIN. ADMINISTRATIVE FEE(S) $ .00
MOW MOWING FEE $ .00
TOTAL AMOUNT DUE AND PAYABLE
$ .00
If this invoice is not paid within twenty (20) days from the date of this statement, the
Board of County Commissioners will be notified and an action of assessment against the
property via resolution will commence. The administrative fee will be increased, and
interest at 12.00% charged until satisfied. Payment should be made by check or money
order (U.S. funds), made payable and mailed to:
Board of County Commissioners
Code Enforcement
2800 N. Horseshoe Drive
Naples, FL 34104
You may request a hearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the above-cited violation(s) are excessive
or unwarranted or why such expenses should not otherwise constitute a lawful lien
against the property on which the violation existed and upon any other real or personal
property you own. Said request for hearing must be made to the County Manager,
Words r,~.~v ,~ ...... ~,
.............. 6,, are deleted, words underlined are added.
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Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within
ten (10) days from the date of this notice. FAILURE TO TIMELY PAY THE
AMOUNT SPECIFIED IN THIS NOTICE OR TIMELY REQUEST A HEARING
CAN RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER
COUNTY.
(--c-) LO.) If the invoice sent by the Code Enforcement Director or her designee is not paid
at the expiration of the twenty (20) days of the date of the statement of account le~
assessmem, the Board of County Commissioners shall may impose a lien against the property.
The Board of County Commissioners, by resolution, shall may assess suc~ all applicable costs
and fees against such parcel and all other properties owned by the violator in Collier County.
Said resolution shall: A) describe the land containing the violation and show the cost of
abatement, which shall include the initial administrative expense of One Hundred dollars
($100.00) plus an additional administrative expense of One Hundred dollars 1~$100.00) per
parcel, or B) describe the land containing the repeat violation and show the initial administrative
fee of Fifty dollars ($50.00) for the fourth notice of violation and an additional Fifty dollars
($50.00) for each notice thereafter and the additional administrative fee of $643,00One Hundred
dollars ($100.00) for the processing of the invoice and statement of account and an additional
administrative fee of One-hundred ($100.00) dollars per parcel. Such resolution when recorded
may shall constitute a lien on all personal and real property located in Collier County which s~a!!
runs with the owner's real property until paid. The resolution shall will also specify that interest
sba!! will accrue on the unpaid balance beginning on the date the resolution is recorded at the
rate of twelve (12) percent per annum.
(~(d) :r4,,e-A copy of the resolution approved ~ by the Board of County
Commissioners will be accompanied by a legal notice of assessment shall of lien be substantially
in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
To: (Insert Property Owner's Name and_Addmss),~
DATE:
Words st.n:ck '~ ...... ~'
...... e,.. are deleted, words underlined are added.
REF. 1NV.#
VIOLATION FOLIO #
T Tl~"n.t %Tt t~a'O~T) · '
VIOLATION LEGAL DESCRIPTION:
You, as the owner of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code
Enforcement Director, did determine a public nuisance existed and constituted a violation
of county regulations on ,20=, and ordered the abatement of a certain nuisance
existing on the above property prohibited by Ordinance No. 99-51, as amended and
served a notice of violation upon you. The nuisance is:
[describe nuisance]
You have failed to timely abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost of $ .00 and an administrative cost of
.v .... ~.....~.~ a^,,.r~ re'mn nnx $_ 00 for a total of [or, You abated
the nuisance but caused the County to incur ~" :":*:"~ administrative cost ,,er:a..
a ....... Two
Such cost, by Resolution of the Board of County Commissioners of Collier
County, Florida, ssa!! will become a lien on your property when recorded
..../,..,,jo ,.,. pproval the Boardthc .............. t~
.... :,; ..... :,u:. ,~./~nx .a .... ~'~^~ ,u~· .,.,,..a"*" ,.,.^~'*u:",,,,., ,,..,,,.,."^+:~ FAILURE TO TIMELY PAY
THE AMOUNT SPECIFIED IN THIS NOTICE WILL MAY RESULT IN A LIEN
AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
Upon approval of the resolution by the board, the clerk of courts will immediately mail a copy of
each approved resolution and notice of assessment of lien, via regular U.S. mail. If full payment
Words ~*-'"~
............. ~, ...... deleted, words underlined are added.
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for the assessed amount is not made by the property owner within 20 days from the date of
adoption of the resolution by the board, then the clerk of courts will automatically and without
further direction record both the resolution and notice of assessment of lien in the public records
of Collier County. Recording said resolution will act to impose a lien on the violator's property.
(e)LQ After the expiration of one year from the date of recording of the lien, as provided
herein, a suit may be filed by the county to foreclose said lien. Such foreclosure proceedings
s~a!! will be instituted, conducted and enforced in conformity with the procedures for the
foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, as
amended, which provisions are hereby incorporated herein in their entirety to the same extent as
if such provisions were set forth herein verbatim.
(-f)f.g~ The liens for delinquent assessments imposed hereunder shall will remain liens,
coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all
other filed liens and claims, until paid as provided herein.
(-g-)f._~ After recording the resolution imposing of the lien, the county
,,,.,.....o,.,,,,~....~....~.~:~:~^.-,,~,,~oo,- or his designee may accept partial or full payment and recommend
recording a release or satisfaction of the lien to the board, especially if he/she determines an error
has been made based upon his/her judgment.
SECTION THREE. Article VI, Section 54-190, Procedures for Mailing Notices, of the Code of
Laws and Ordinances of Collier County, Florida, is amended as follows:
Sec. 54-190. Right to hearings on declaratiou of public nuisance and assessment.
(a) Any property owner ~ whose property is posted or who is mailed a
notice of violation and order to correct .pursuant to section 54-188 may contest this determination
by filing an application for a hearing before the board of county commissioners within 4-5 ten
(10) days from the date affixed on the notice of violation.
(b) Any property owner receiving the invoice and statement of account ~^"~,.,,,~,~,, ~.~'.
assessmem pursuant to section 54-1879}, paragraph 1, s~a!! will have ten {10) days to request a
hearing before the board to show cause, if any, why the expenses and charges incurred by the county
under this section are excessive or unwarranted or why such expenses should not otherwise constitute
a lawful ~ assessment against said property.
Words :;~ck t~rc, ugl: are deleted, words underlined are added.
(c) If, after said hearing, the board determines that the assessment is fair, reasonable, and
warranted, a legal notice of assessment of lien and tho4tssessmem resolution of assessment shall will
be filed by the clerk of the board and recorded forthwith. If the board determines that the charges are
excessive or unwarranted, it sba!! may direct the county a~ministratc, r manager to re-compute the
charges and the board shall may hold a further hearing, after providine: certified mailed notice to the
owner~ upon the recomputed charges.
SECTION FOUR: Article VI, Section 54-191, Enforcement Procedures, of the Code of Laws
and Ordinances of Collier County, Florida, is amended as follows:
Sec. 54-191. Enforcement procedures.
Investigators of Collier County code enforcement are hereby empowered, in addition to
the means of enforcement set forth in section 1-6 of this code, to issue written corrective notices
and/or notices to appear (citations) in ~ county court to any person violating the
provisions of this article. All such notices issued shall be maintained by the issuing authority for
public inspections during the normal office hours.
SECTION FIVE: Article VI, Section 54-192, Immediate corrective action, of the Code of
Laws and Ordinances of Collier County, Florida, is amended as follows:
Sec. 54-192. Immediate corrective action.
In the event the County adrn,,inistratc, r Manager or his designee determines or has reason
to believe that, a violation of this article, including but not limited to accumulation of weed or
litter~ presents a serious threat to the public health, safety or welfare of the public or that the
violation is of such a nature as to require immediate correction, the violator may be required by
notice to effectuate immediate corrective measures upon receipt of the notice. The notice,
substantially in the form set forth in section 54-188, shall advise the owner that the.county will
remedy the hazardous condition as soon as possible and require payment from the violator for
the costs of correction plus an administrative fee. To be effective, the notice shall must be
served upon the occupant if the property is occupied, or if unimproved or not occupied by the
property owner, physically posted on the property and sent by certified mail to the owner as
his/her name appears on the records of the property appraiser, consistent with the procedures set
forth in section 54-188.
Words st:',:cl; tl:ro',:gl: are deleled, words underlined are added.
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SECTION SIX: Article VI, Section 54-193, Procedures for mailing notices, of the Code of
Laws and Ordinances of Collier Count5', Florida is amended as follows:
Sec. 54-193. Procedures for, and effect of~ Maileding Notices
Notices mailed to the violator's address indicated on the records of the Collier County
Property Appraiser of such lot or parcel of land for ad valorem taxation purposes whether mailed
by regular U.S postal service mail, or by registered or certified mail, return receipt requested,
aha!! will be deemed personal service upon the person, for the purpose of this article. A property
owner is deemed to have received a mailed notice on the tenth day after the notice is placed in
the United States mail. Evidence that the proper notice has been mailed is sufficient to
demonstrate that the notice requirements of this article have been met, without regard to whether
the property owner actually received such notice. Refusal to accept service of such notices by a
property owner or its agent aha!! will not defeat this personal service, nor bar the County from
proceeding with enforcement, creating lawful liens, and performing the necessary abatement
under this article. It is the property owner's responsibility to maintain a current address with the
Collier County Property Appraiser's office at all times.
SECTION SEVEN: Addition of Section 54-915, Procedures for Mandatory Lot Mowing
Program
Sec. 54-195. Procedures for Mandatory Lot Mowing Program.
(a.) Inchts/o. i. ma.&ttorv lot mowi.g program. If a public nuisance is determined
to exist three or more times after the effective date of this section on a particular lot or
parcel of unimproved property while under the same ownership, then at the discretion of
the county manager, or his designee, such property may be placed in the County's
mandatory lot mowing program, as set forth below:
(3) Exempt/o. from lot mowi.g program. Individual property owners of record
whose real property is included in the County's mandatory lot mowing program may
request an exemption from inclusion in the program by submitting to the county manager,
or his designee, a signed written agreement, acceptable to the county, covenanting that
the property owner will maintain the property so that the height of any grass, weeds, or
otherwise regulated vegetative matter will not constitute a public nuisance or exceed
eighteen inches in height. In addition, the property owner must provide a letter of credit,
performance bond, escrow agreement, or other surety acceptable to the County, in an
amount not less than three times the County's estimate of its annual costs to administer
and provide mowing service to the corresponding property(s). The surety provided may
vary. but must remain in effect throughout the property owner's ownership of ,he
property(s). The surety provided must include a provision allowing the county to claim
· 1 ,~1 !
Words ::."ac.~ ,~rc, ug.~ are deleted, words underlined are added.
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and use the secured funds to administer and perform any mowing which may become
necessary due to the property owner's failure to maintain the property as required by the
agreement. In that event the property owner would be provided written notice that the lot
mowing program exemption would be revoked by a date certain, after which date the
funds from the surety would be used to administer and provide mowing services until
expended. Thereafter, the property would be placed in the mandatory lot mowing
program and not be entitled to any further exemptions so long as owned by the same
property owner(s).
(c) Establishment o_f lot mowing ,ser fee. Owners of real property included in the
county's mandatory lot mowing program will be charged an annual user's fee so that the
county or its authorized agent may administer and provide routine lot mowing services
for the included property.
(d) Amount qfuserfee. The annual user's fee will be determined by the board based
upon the county's actual costs or reasonable estimate of costs to administer and provide
for lot mowing services for properties expected to be included in the program. Such fees
collected may be used for any and all costs reasonably related to lot mowing and
maintenance of the real property included in the program.
(e) Lot mowi,g bills. In the first quarter of each year, the county will mail an annual
lot-mowing bill to each owner of property included in the program. The bill will be for
services rendered in the prior calendar year (January 1 - December 31). All bills are
immediately due and payable and will become delinquent if not paid in full within 60
days from the date the bill is mailed. All bills will include a notice to the owner that they
can, at any time, unless previously revoked, request an exemption from the program upon
submission of the required written statement and surety as set forth above.
09 Delinquent fees: delinquent fee lien. All delinquent fees will incur a service
charge of one percent per month on the unpaid balance. Fees that remain delinquent for
more than 60 days may be converted to a lien pursuant to the procedures below.
(g) Initiation qf delinq,ent _fee lien process. From time to time the county will
compile a list of properties whose lot mowing user fees have remained unpaid for more
than 60 days after bills for said fees have been sent to the property owner of record. That
list of delinquent fees will constitute a preliminary delinquent user fee roll and the county
will present that roll to the board at a duly advertised and noticed hearing.
(h) Notice. Approximately four weeks prior to the hearing, the board clerk will cause
to be published, once a week for two consecutive weeks in a newspaper of general
circulation, a notice or,he time and place of the hearing when the board will meet to he0~r
and consider any objections or defenses to the levy of a lien against the delinquent
properties. The date of the meeting so noticed will be approximately 14 days from the
date of publication of the second notice. The county will also send individual notices of
the date and time of the hearin~ to ali owners of record ofpropertYproposed to be liened
prior to the date of the hearing. Mailing to the last known address of each owner in the
property appraiser's records will constitute sufficient notice, regardless of whether the
notice is accepted or actually received.
Words ~tn:ck t!~re, t.'g!: are deleted, words underlined are added.
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(i) Pub#c Hearing. Each owner of record of any property proposed to be liened for
delinquent lot mowing fees, or any person having an interest therein, may appear at the
public hearing and voice any objections to the proposed lien or the amount thereof.
Objections may also be submitted in writing either prior to or at the time of the public
hearing. At the hearing, the board may modify or correct any proposed lien amount,
provided that no lien amount may be increased over the amount in the proposed roll.
After consideration of all objections to the proposed lien amounts, the board, by
resolution, may approve the levy of delinquent user fee liens, effective as of the date of
recording of the adoption of said resolution. Said liens will be of the same nature and
apply to the same extent as a lien for general county taxes falling due in the same year or
years said lot mowing user fees were due. Such lien will be superior in dignity to all
other liens, titles and claims, until paid.
(j) Limitation on time to contest lely of lien. Any person aggrieved by the action of
the board in imposing delinquent lot mowing user fee liens must commence an action in
circuit court within thirty (30) days from the date the resolution is adopted. Unless such
action is begun within this thirty (30) day period, all objections of that person to the
imposition of the lien will be deemed to have been waived.
(k) Prepayment and recording qf lien. For a period of 30 days after the date of the
resolution of the board levying the delinquent lot mowing lien, the lien may be paid
without additional interest. Properties for which payments are received or postmarked
within thirty (30) days from the date the resolution is adopted will be deleted from the
lien roll prior to recording. After the expiration of the prepayment period, a certified
copy of the resolution and roll will be recorded in the office of the Clerk of the Circuit
Court in Collier County.
(l) Release of Lien. Owners who have paid the delinquent lien in full after the
recording of the resolution and roll are entitled to a release and satisfaction of lien from
the county. The recording of the release and satisfaction of lien and any charges therefor
are the responsibility of the property owner.
(nO P~ot'eclosure. Liens for delinquent lot mowine; user fees may be foreclosed in the
same manner as liens for property taxes or special assessments. In the event the county
prevails, owners of property against whom a foreclosure action is commenced will be
liable for all fees, costs and expenses incurred by the county or its agents, including
reasonable attorney's fees, and the same may be assessed as a cost in the foreclosure
action.
O0 Validi(¥ of liens not qffected ky irregularities. Any informality or irregularity in
the proceedings to impose a lien for delinquent lot mowing fees will not affect the
validity of the same after the resolution levying the lien has been adopted, and no
deviation from the procedures prescribed above will affect the validity of the lien unless
it can be clearly shown that the party objecting was materially injured thereby.
(o) Alternate methods of collection permitted. Nothing herein prohibits the county
from utilizing other means to collect delinquent lot mowing fees including, but not
limited to, an action for damages filed in the appropriate court in Collier County, Florida,
Words st.'ack :!~r,~ug!~ are deleted, words underlined are added.
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SECTION EIGHT: Conflicts and Severability.
In the event this ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. 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 portion.
SECTION NINE: 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 Ordinance may be renumbered or
relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article"
or any other appropriate word.
SECTION TEN: Effective Date.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
.Cgunty, Florida, this ffge;~6 day of
. .., 3,,L
ATTEST: i/!'?
DWIGHT-~Ei 'BROCK, CLERK
'.i. ,,?.,. ?,j.w" Deputy Clerk
Attest as to Chatr;an'$
signature
Approved as to form and legal sufficiency:
Patrick G. Whi~e, Esq.
Assistant County Attorney
,2001.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, F~O~A
~L~ I#
BY: ....
JAME~HA1RMAN
This ordinance filed with the
S~ary of State'.s Office the
~ day of ~11~__~,
and acknowledgeme_nt o.f that
Words $,vac., lhrough arc deleted, words underlined are added.
-15-
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:
ORDINA/~CE NO. 2001-21
Which was adopted by the Board of County Commissioners on
the 24th day of April, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of April, 2001.
DWIGHT E. BROCK
Clerk of Courts and
Ex officio to Board
County Commissioners