Ordinance 1991-47 ORDINANCE 91,""N
-47
AN ORDINANCE RELATING TO THE CONTROL OF
LITTER, THE UNLAWFUL ACCUMULATION OF WEEDS, G
PND THE THE UNLAWFUL ACCUMULATION OF EXOTIC®
WITHIN THE UNINCORPORATED AREA OF COLLIER o } 'l
COUNTY, FLORIDA; SETTING FORTH FINDINGS AND Tr. t--
PURPOSE; PROVIDING TITLE AND CITATION; C.' r1
PROVIDING APPLICABILITY, SETTING FORTH
DEFINITIONS; DECLARING LITTER TO BE A PUBLICS?,
NUISANCE; DECLARING UNLAWFUL ACCUMULATION OF u.
WEEDS TO BE A PUBLIC NUISANCE; DECLARING cP
UNLAWFUL ACCUMULATION OF EXOTICS TO BE A + i
PUBLIC NUISANCE; PROVIDING FOR THE CONTROL OF
LITTER, PROVIDING FOR CONTROL OF THE UNLAWFUL
ACCUMULATION OF WEEDS, REGULATING THE STORAGE
OF ABANDONED PROPERTY; REGULATING THE STORAGE
OF LITTER; PROVIDING FOR CONTROL OF THE
UNLAWFUL ACCUMULATION OF EXOTICS, PROVIDING .,17.52622
FOR THE ABATEMENT OF NUISANCES; PROVIDING FO• l-
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ASSESSMENT FOR THE ABATEMENT OF NUISANCES; /may `o .
PROVIDING FOR ENFORCEMENT PROCEDURES; 15.
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PROVIDING FOR PENALTIES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR `�
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REPEAL OF ORDINANCE NUMBERS 76-14, 84-63, w
85-33, AND 89-66, PROVIDING FOR AN EFFECTIVE•? a �>
DATE. ``•;�S Vn
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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 zoning regulations necessary
for the protection of the public; and
WHEREAS, the Board of County Commissioners has
determined that land which is allowed to become overgrown
with weeds, grass, or such other prohibited exotic orsimilar
growth or land on which abandoned properties or trash is
allowed to accumulate is detrimental to the health, safety
and welfare of the citizens of Collier County as harborage
for vermin, rodents and other disease vectors; and
WHEREAS, the Board of County Commissioners has been
advised by the members of Collier United for Rights and
Egl4ality (C.U.R.E.) that the overgrown condition of
particular parcels of property in certain areas throughout
Collier County provides locations for the concealment of
persons with criminal intent and thereby contribute to
criminal activity in these areas; and _
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WHEREAS, the State Attorney's off- . and Collier County
Sheriff's office have confirmed the use of such areas for the
perpetration of criminal activity.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Findings of Fact
The Board of County Commissioners does hereby make the
following findings of fact:
a. The accumulation of litter and abandoned property on
public and private property constitutes a hazard and is
detrimental to the health, safety and welfare of the Citizens
of Collier County;
b. The accumulation of weeds, grass, or other pro-
hibited exotic or similar growth on, or in close proximity
to, residentially, commercially or industrially zoned land is
detrimental to the health, safety, and welfare of the
citizens of Collier County.
c. Certain areas of Collier County contain parcels of
property which are currently undeveloped, but which are
located within and/or are in close proximity to residentially
or commercially zoned and developed areas, and which may be
used by persons with criminal intent for concealment in order
to perpetrate crimes on the residents of these areas and the
citizens of Collier County.
SECTION TWO: Title and Citation
This Ordinance shall be known and may be cited as the
"Collier County Litter, Weed and Plant Control Ordinance."
SECTION THREE: Applicability
This Ordinance shall apply to and be enforced in ill
unincorporated areas of Collier County.
SECTION FOUR: Definitions
The following words, phrases or terms as used in this
Ordinance shall have the following meanings unless the
context clearly indicates otherwise:
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"Abandoned property"shall mean wrecked, inoper-
_ . ative, derelict or partially dismantled property having
little, if any, value other than nominal salvage value, which
has been left unattended and unprotected from the elements,
which shall include, but not be limited to, motor vehicles,
trailers, boats, machinery, appliances such as refrigerators
and washing machines, plumbing fixtures, furniture, and any
other similar article.
"Exotics" shall mean Australian pine (Casuarina, all
species) , melaleuca (all species), Brazilian pepper (Schinus
terebinthifolius) , or downy rose myrtle (Rhodomvrtus
tomentosus) or any prohibited exotic species in accordance
with Ordinance 82-37, as amended.
"Enclosed container" shall mean, for -purposes of this
Ordinance, any container whose physical structure is such as
-- to-prevent enclosed materials from falling out, spilling,
blowing out by wind action, or coming out by another acci-
dental means during transport, and shall include, but not be
limited to, garbage cans, boxes, truck bodies capable of
being enclosed and any other container sufficient to prevent
the accidental scattering or leaking of said materials on the
public roads.
"Improved property" shall mean property that contains
buildings, streets or other structural improvements.
"Inert waste materials" shall mean brick, block, con-
crete, rock, stone, earth and sand, free from contamination
or other types of waste and capable of serving as fill
material without harm to, or pollution of, ground or surface
waters.
"Litter" shall mean any discarded, used, or unconsumed
substance or wastes. • Litter shall include, but shall not be
limited to, garbage, trash, refuse, debris, hazardous rub-
bish, including paper (newspapers, magazines) products,
glass, metal, plastic or other containers, cloth, wood and .
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we . products, sweepings, liquids (ot. than uncontaminated
water) , sludge, grass clippings, tree limbs, trunks and
roots, undergrowth and materials produced by clearing and
grubbing and other horticulture wastes, motor vehicle parts
and tires, furniture, oil or grease, the carcass of a dead
animal, any obnoxious or offensive natter of any kind, any
object likely to injure any person or create a traffic or
pedestrian hazard, or any other condition of any unsightly
nature, which may have been discarded, abandoned or otherwise
disposed of improperly.
"Mcwable lot" shall mean a lot, fifty percent (501) or
more- of which can be mowed with bushhog-type, or smaller
mowing equipment without damage to the lot or equipment.
"Prohibited accumulation of exotics" shall sear. any
accumulation of prohibited exotic plants in excess of
eighteen (18) inches in height located on unimproved property
and in violation of this Ordinance.
"Recorded subdivision" shall mean land subdivided into
three (3) or more lots, parcels, sites, units or any other
division of land for which a plat has been filed with the
Clerk of Courts of Collier County.
"Storage of litter" shall 'ean the interim containment
of litter in a manner approved by the Board of_County
Commissioners, after generation of such litter and prior to
proper and final disposal.
"Unauthorized accumulation of litter" shall wean the
accumulation of litter in or upon any public or private
property or body of water which is not contained within
proper containers or receptacles provided for control of
litter or is not otherwise permitted or authorized-by any
other Collier County Ordinance. This shall not include
building materials used in construction or repair of a
buildingor structure which materials are
_ properly stored at
the site of such activity, so long as the subject building is
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by m constructed, remodeled or repair-a-under the authority
of a current, valid Collier County Buii.:ing Permit and for
which the materials are to be used.
"Unlawful accumulation of weeds. crass or similar
non-protected overgrowth" shall mean any accumulation if any
part of such accumulation is in excess of eighteen (18)
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inches in height and is declared to be a public nuisance when
located.on a mowable lot, improved or unimproved, in any
recorded or unrecorded subdivision of this County, except
Golden Gate Estates. Accumulations of protected vegetation
such as-coastal strand, scrub, tropical hammocks, dune
vegetation, and property officially declared to be wetlands
by any federal, state, or local authority are hereby exempted
from such public nuisance declarations.
"Unrecorded subdivision" shall mean land which for the
purpose of sale or transfer has been subdivided prior to the
enactment of Ordinance 76-6, as amended, or any other
division of land for which a plat has not been filed with the
Clerk of Courts of Collier County.
"Written corrective notice" shall mean a written state-
ment issued to the violator or his or her agent identifying
and specifying the violation, the date, location the vio-
lation was found, the corrective measures required.to be
taken and the date by which the corrective measures are to'be
completed.
SECTION FIVE: Litter Declared To Be A Public Nuisance
The unauthorized and improper dumping, accumulation or
storage of litter or abandoned property as described in
Sections Six, Seven, Eight, Nine or Ten in or upon public or
private property is hereby declared to be a publid huisance.
SECTION SIX: Unlawful To Litter
It shall be unlawful for any person to throw, discard,
place, drop, or deposit litter in any manner or amount in or
upon any public property, private property, highway, street,
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it of way or body of water withit e unincorporated areas
of Collier County, Florida, except in such areas and con-
tainers specifically provided and appropriately designated
for the disposal of litter. In any case where litter is
ejected or discarded from a motor vehicle, except at approved
and permitted disposal sites, the operator of the motor
vehicle shall be deemed in violation of this Ordinance.
SECTION SEVEN: Unauthorized Accumulation Of Litter
Prohibited
Any unauthorized accumulation of litter in or upon, any
property, vacant or improved, or on or upon any public
street, alley or other public or private place is a violation
of this Ordinance. Any property owner, tenant, occupant,
agent, manager or other person who owns, maintains, or con-
trols private property, whether improved or unimproved, is
hereby declared to be in violation of this Ordinance where
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any such unauthorized accumulation of litter is maintained or
is allowed to remain on such property. Unauthorized accu-
mulation of litter shall also include, but not be limited to,
the accumulation or storage of litter or containerized litter
or abandoned property adjacent to public rights of way if
such materials are placed upon a right of way earlier than
six (6) p.m. of the night prior to the regularly scheduled
pickup for that location by the County solid waste collection
contractor, or allowing said accumulation to remain adjacent
to the public right of way after six (6) p.m. of the day of
the scheduled pickup.
SECTION EIGHT: Dumping or Depositing of Abandoned Property
Prohibited
It shall be unlawful for any person- to engage in or
permit the dumping, storing, placing, or depositing-of
abandoned property on any real property, street, or highway;
however, abandoned property kept in a completely enclosed
building or a business enterprise which is lawfully licensed
and zoned for receipt and storage of abandoned property shall
n exception to this provision. l.bandoned property is
kept or stored in connection with a lawfully licensed busi-
ness enterprise, all abandoned property shall be screened so
that it is not visible from any public right of way or from
any property used for residential purposes. It shall be un-
lawful to engage in or permit the dumping, storing, placing,
or depositing of abandoned property in any residential area,
unless such abandoned property •is kept in a completely
enclosed building.
SECTION NINE: Storage Of Litter
a. All commercial establishments shall store their
litter in containers so as to eliminate wind-driven debris
and unsightly litter in or about their establishments. The
number and size of containers necessary for each.commercial
establishment shall be that nx'mher required to maintain
clean, neat, and sanitary premises. Spillage and overflow
around containers shall constitute an illegal accumulation of
litter and shall be immediately cleaned up as it occurs.
b. All loading and unloading zones at commercial •
establishments shall be provided With litter receptacles by
the owner of the business to store loose debris, paper,
cardboard, packing materials, and al) other similar
materials.
c. Each person owning or operating any establishment-
cpen to the public shall provide receptacles adequate to
contain litter generated from such establishment.
d. Any and every person in possession, or in charge or
in control of any place, public or private, where litter is
accumulated or generated shall provide and at all times
maintain adequate and suitable receptacles and/or-containers
capable of holding such materials until proper final disposal
is accomplished.
e. All construction and demolition contractors, whether
owners or agents, shall provide on-site receptacles for loose
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.;ris, papers, building materials _e, scrap building
materials and other litter products in order to prevent wind-
driven scattering of such materials if the materials are
otherwise not properly disposed of on a daily basis.
SECTION TEN: Waste Materials Management
a. Inert waste materials may be buried on a site after
a valid building permit for such site has been obtained and
posted and provided that such disposal is in conformance with
federal, state, and local laws and regulations. Inert waste
materials as used herein are specifically limited to brick,
block, concrete, rock, stone, earth and sand, free from con-
tamination of-any
on-tamination- of-any type of waste and capable of serving as
fill materials without harm to, or pollution of, ground or
surface waters. All other waste, including garbage, haz-
ardous waste, rubbish, including refuse, paper products,
containers, cloth, wood and wood products, sweepings, lig-
uids, (other than water) , sludge, tree limbs and trunks,
undergrowth, and material produced by clearing and grubbing
and other horticultural waste shall not be buried on-site but
shall be otherwise lawfully disposed of and are hereby
classified as litter. Inert waste materials such as brick,
block, and concrete which have not been properly buried or
disposed of are hereby classified as litter.
b. On-site containment of downed trees and other
vegetative growth shall be permitted in the Golden Gate
Estates zoned areas and only for vegetative growth which has
been cut, cleared or removed on the same property of the
permitted construction, providing all of the following
conditions are met: a valid building permit for construction
on the applicable Estates lot has been obtained and:is posted
before removal and containment of such growth. The downed
trees and vegetative growth are placed into an excavated
earthen depression which does not exceed three (3) feet in
depth from the surrounding natural-elevation-and does not- - -
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_r a horizontal surface area gree than nine thousand
(9,000) square feet. All such excavated earthen depressions
containing downed trees and vegetative growth shall be
located at the rear of the Estates zoned properties and shall
not be closer than fifteen (15) feet from the side property
,` line nor closer than fifty (50) feet from the rear property
line. The covering of such vegetative containment areas by
more than six (6) inches of earth is prohibited. The nearest
point of such excavated earthen depression for containment of
on-site downed trees and vegetative growth shall not be
closer than one hundred (100) feet to any structure, nor
closer than one hundred (100) feet to any public or private
right- of way. All downed trees and vegetative growth con-
tained in such excavated earthen depression shall be so
contained to prevent the protrusion of any such growth more
than twenty four (24) inches above the surrounding natural
elevation including earthen cover. Failure to either remove
downed trees or downed vegetative growth from Golden Gates
Estates zoned properties or to properly contain such
material, as required by this Ordinance, shall result in such
downed trees and/or downed vegetative growth being classified
as litter and thereby subject the property owner, agent,
and/or other responsible parties to any and all penalties
provided under this Ordinance.
SECTION ELEVEN: Declaration of Public Nuisance
a. The accumulation of weeds, grass, or other similar
non-protected overgrowth in excess of eighteen (18) inches in
height is hereby prohibited and declared to be a public
nuisance when located upon any movable lot, whether improved
or unimproved, in any recorded or unrecorded subdivision of
this County, except Golden Gate Estates, and which condition
has been specifically described by legal description and
determined by the County Manager or his designee to be a
public nuisance pursuant to this Ordinance, in that such lot
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is, or may reasonably be expected to cecome, infested or
.* inhabited by non-protected rodents, vermin or wild animals,
or may furnish a breeding place for mosquitoes, or threaten
or endanger the public health, safety or welfare, or may
reasonably be expected to cause disease, or adversely affect
and impair the aesthetic integrity or economic welfare of
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adjacent or surrounding property. Accumulations of protected
vegetation such as coastal strand, scrub, tropical hammocks,
dune vegetation, and property officially declared to be
wetlands by any federal, state, or local authority are hereby
exempted from such public nuisance declarations.
b. The accumulation of weeds, grass, or other prohibited
exotics or similar growth in excess of eighteen (18) inches
in height is hereby prohibited and declared to be a public
nuisance when located upon any unimproved property in this
" County, except Golden Gate Estates, which condition is ad-
jacent.to a public right of way and is not within a recorded
or unrecorded subdivision where such property has been des-
cribed by-legal description and determined by the County
Manager or his designee to be a public nuisance pursuant to
this Ordinance, in that such property threatens or endangers
the public health, safety or welfare; however, the
requirements for abatement of the public nuisance as des-
cribed in Section Twelve shall only apply to that portion of
the property to a depth of twenty (20) feet from the property
line or lines running adjacent and parallel to a public right
of way. Accumulations of protected vegetation such as
coastal strand, scrub, tropical hammocks, dune vegetation,
and property officially declared to be wetlands by any
federal, state, or local authority are hereby exempted from
such public nuisance declarations.
c. The accumulation of prohibited exotics, as defined by
this Ordinance, in excess of eighteen_(18) inches in height
is hereby prohibited and declared to be a public nuisance
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n located upon any unimproved prc ty in Collier County
when the exotics are located within a two hundred (200) foot
radius of any improved property located in a recorded or
unrecorded subdivision. The unimproved property containing
the prohibited exotics shall be described by legal des-
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cription and determined by the County Manager or his
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designee to be a public nuisance pursuant to this Ordinance,
in-that such property threatens or endangers the public
health, safety or welfare; however, the requirements for
abatement of the public nuisance as described in Section
'Twelve "shall only apply to that portion of the unimproved
property where the prohibited-exotics exist within a two
hundred (200) foot radius of improved property. Accu-
mulations of protected vegetation such as coastal.strand,
scrub, tropical hammocks, dune vegetation, and property
officially declared to be wetlands by any federal, state, or
local authority are hereby exempted from such public nuisance
declarations.
d. The accumulation of weeds; grass, other prohibited
exotics or similar growth in excess of eighteen (18) inches
in height is hereby prohibited and declared to be a public
nuisance when such condition is located on any nndmproved
property in Collier County which is within five hundred (500)
feet of improved property when such accumulation has aided
any person to conceal or facilitate the commission of crimi-
nal acts -against passers-by and the citizens of Collier
County and is likely to continue to aid in the concealment or
commission of future criminal acts if such accumulation is
not abated. A report from the Collier County Sheriff's
office identifying such unimproved property which has been
utilized by any person to conceal or facilitate the com-
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mission of criminal acts against passers-by or the citizens
of Collier County shall constitute cause.for such unimproved
property to be determined -a-public nuisance by the County
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Manager or his designee pursuant to this Ordinance, in that
such property threatens or endangers the public health,
safety, or welfare; however, the requirements for abatement
of the public nuisance as described in Section Twelve shall
only apply to that portion of the unimproved property where
the accumulation exists within a five hundred•(500) foot
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radius of improved property. Accumulations of protected -
vegetation such as coastal strand, scrub, tropical hammocks,
dune vegetation, and property officially declared to be
wetlands by any federal, state, or local authority are hereby
exempted from such public nuisance declarations.
SECTION TWELVE: Abatement of Nuisance
a. Whenever the County Manager or his designee shall -
determine that a public nuisance as described in Sections
Five, Eight, 'Ten or Eleven herein exists, he shall cause a
notice to be served on the recordowneror owners of said
property as appropriately provided for in this Section and
in. Section Fifteen informing them of the existence of the
nuisance in substantially the following form:
Office of the Compliance Services Manager
Notice of Violation
To: Date:
Ordinance
Violation Case No.
Property:
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
Compliance Services Manager, on
determined that a public nuisance existed upon such
property, caused by:
You are further notified that you shall abate this
nuisance within twenty (20) days. Failing this
action on your part, the Board of County
Commissioners will cause the nuisance to be abated.
The direct cost plus an administrative fee of not
less than $100.00 will be levied as an assessment -
against the property.
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Lou tray contest this deter inatoiathearing
existence
of a public nuisanif ce byapplying
before t' 15$Odays from uthe danty teloflthis snotice•
fifteen ( )
b. If the property owner or someone on his behalf has
not abated the identified nuisance as described in said iving of
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20 days from the date of the g
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notice as aforesaid, the County shall forthwith abate the
condition and shall, through its employees,.servants, agents
or contractors, be authorized to enter upon the property and
take such steps as are reasonably required to effect the
abatement of the nuisance.
SECTION THIRTEEN:
Assessment for Abating Nuisance
a. As soon after such abatement as feasible, the
cost thereof to the County as to each parcel shall be cal-
culated and reported to the Collier County Compliance
• Services Manager or his designee. An invoice shall be mailed
to the property owner for the cost of ah?tement which invoice
shall include an administrative expense of $100.00 per parcel
of property when paid within twenty (20) days from date of
invoice.
b. If the invoice sent by the Compliance Services
Manager or his designee is not paid at the expiration of the
twenty (20) day period, the Board of County Commissioners
shall be notified. Thereupon the Board of County
CozZnissioners, by resolution, shall assess such cost against
such parcel. Said resolution shall describe the land and
show the cost of abatement, which shall include an additional
administrative expense of $100.00 per parcel. Such assess-
ment shall be a legal, valid and binding obligation which
shall run with the property until paid. The assessment shall
become due and payable twenty (20) days following the mailing
of the notice of assessment after which interest shall accrue
at the rate of twelve percent (12%) per annum on any unpaid
portion thereof.
c. The Clerk shall mail a not to the owner or owners
of record cf each of said parcels of land described in the
resolution, at the last available address for such owner or
owners, which notice shall be in substantially the following
form:
f
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
DATE:
(
REF. INV.# ) LIEN NUMBER:
LEGAL DESCRIPTION:
You, as the owner of record of the property above
described, are hereby advised that Collier County,
Florida did on.the day of , 19 ,
order the abatement of a certain nuisance existing
on the above property, sending you notice thereof,
such nuisance being:
A copy of such notice has been heretofore sent you.
You failed to abate such nuisance; whereupon, it
was abated by Collier County at a direct cost of
$ and an administration cost of $200.00 for
a total of $ .00. - Such cost, by resolution of
the Board of County Commissioners of Collier
County, Florida, has been assessed against the
above property on , 19 , and shall
become a lien on the property thirty (30) days
after such assessment. You may request a hearing
before the Board of County Commissioners to show
cause, if any, why the expenses and chargs
incurred by the County under this Ordinance are
excessive or unwarranted or why such expenses
should not constitute a lien against the property.
Said request for hearing shall be made to the Clerk
to the Board of County Commissioners, Government
Center, Naples, Florida 33962 in writing within
thirty (30) days from the date of the assessment.
CLERK, BOARD OF COUNTY COMaiISSIONERS
d. After the expiration of one year from the date of
recording of the Assessment of Lien, as provided herein, a
suit may be filed to foreclose said lien. Such foreclosure
proceedings shall be instituted, conducted and enforced in
conformity with the procedures for the foreclosure of
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cipal special assessment liens, et forth in Chapter
173, Florida Statutes, which provisions are hereby in-
corporated herein in their entirety to the same extent as if
such provisions were set forth herein verbatim.
e. The liens for delinquent assessments imposed here-
under shall 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. -
SECTION FOURTEEN: Right To Hearings On Declaration of
Public Nuisance and Assessment
a. Any property owner receiving notice from the County
Manager or his designee of the existence of a public nuisance
as described in this Ordinance may contest this determination
by filingan application for a hearing before the Board of
County Commissioners within fifteen (15) days from the date
affixed on the notice of public nuisance.
b.. Prior to the expiration of the twenty (20) days
provided in Section Thirteen of this Ordinance, any owner
shall have a right to request a hearing before the Board to
show cause, if any, why the expenses and charges incurred by
the County under this Ordinance are excessive or unwarranted
or why such expenses should not constitute a lien against
said property provided that nothing contained in this Section
is to be construed to disturb or permit a review of the
determination by the Board of the existence of the public
nuisance under Sections Twelve and Thirteen of this
Ordinance.
c. If, after said hearing, the Board determines that the
assessment is fair, reasonable, and warranted, the assessment
resolution shall be recorded forthwith. If the Board deter-
mines that the charges are excessive or unwarranted, it shall
direct the County Manager to re-compute the charges and the
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3rd shall hold a further hearing . Ar notice to the owner
upon the re-computed charges.
SECTION FIFTEEN: Enforcement Procedures
Investigators of Collier County Compliance Services are
hereby empowered to issue written corrective notices and/or
notices to appear in misdemeanor court to any person vio--
v, lating the provisions of this Ordinance.
Written.corrective notices issued to .violators of this
Ordinance shall state the date observed, nature of the
offense committed, correctivemeasures to be taken and the.
date on or before which such corrections shall be made. In
the event the agent issuing the written corrective notice has
reason to believe a violation 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 nay be required by the notice to
effectuate immediate corrective measures upon receipt of the
notice. The time period allowed for taking corrective
measures shall not exceed thirty (30) days. All such notices
issued shall be maintained by the issuing authority for
public inspections during normal office hours. Notices
mailed to the violator's address indicated on the records of
the Collier County Property Appraiser of such Iot or parcel
of land for ad valorem taxation purposes by registered or
certified mail, return receipt requested, shall be deemed
personal service upon the person, for the purpose of this
Ordinance.
Any person who has been served with such notice in
accordance with the provisions of this Ordinance, and who
neglects or refuses or fails to fully comply with the
corrective notices so ordered and/or to comply within the
time frame so ordered therein, shall be in violation of this
Ordinance. -
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•IC`i SIXTEEN: Penalties
If any person fails or refuses to obey or comply with or
violates any of the provisions of this Ordinance, such person
upon conviction of such offense, shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed
Five Hundred Dollars ($500:00) or by imprisonment not to
exceed sixty (60) days in the County jail, or both, in the
discretion of the Court. Each violation or non-compliance
shall be considered a separate and distinct offense.
Further, each day of continued violation or non-compliance.
shall be considered as a -separate offense.
Nothing herein contained shall prevent or restrict the
County from taking such other lawful action in any court of
competent jurisdiction as is necessary to prevent or remedy
any violation or non-compliance. Such other lawful actions
shall include, but shall not be limited to, an equitable
action for injunctive relief or an action at law for damages.
Further, nothing in this Section shall be construed to
prohibit the County from prosecuting any violation of this
Ordinance by means of' a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this•Section
shall be cumulative and independently availableto the County
and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent allowed
by law. -
SECTION SEVENTEEN: Repeal of Ordinances
Ordinance Numbers 76-14, 84-63, 85-33 and 89-66 are
hereby expressly repealed upon the passage of this Ordinance.
SECTION EIGHTEEN: Conflict 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 phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
-17- s
competent jurisdiction, such portion shall be deemed a sepa-
rate, distinct and independent provision and such holdirc
shall not affect the validity of the remaining portion.
SECTION NINETEEN: Effective Date
This Ordinance shall take effect upon receipt of notice
from the Secretary of State that this Ordinance has been
filed with the Secretary of State.
PASSED.AND DULY ADOPTLD by the Board of County
Commissioners of Collier County, Florida, this i4/ day of
, 1991.
ATTE ila ,�^ BOARD OF COUNTY COMMISSIONERS
AMES C. GTLES, Clerk COLLIER COUNTY, FLORIDA
4-- •
fir
t" I By: II....�.��I.._ j, .,
- •ATRICIA ANNE G• YID^
a •-• Chairman
Approved'as to'form•and
•
legal•suffidiency:
Tnis ordinonce filed wtth tine--
MARTHA
he:MARTHA N. HOWELLcretory of ale's Oiilca�tia
Assistant County Attorney It7d6,-/..1
and cc .edcern off thot
dcY
h/fYe(3030 . received 13 YC6 -
a.t