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Agenda 04/22-23/2008 Item #17C Agenda Item No. 17C April 22, 2008 Page 1 of 29 ~ EXECUTIVE SUMMARY Recommendation to adopt an Ordinance repealing Collier County Ordinance No. 89-69, as amended, which created the Lethal Yellowing Disease suppression program. OBJECTIVE: To approve an ordinance repealing Collier County Ordinance No. 89-69, as amended by Ordinance No. 2004-11, which will discontinue the Palm Lethal Yellowing Disease suppression program. CONSIDERATIONS: The Collier County University Extension department has been designated the lead agency in the monitoring and suppression program for Lethal Yellowing Disease, Areas within Collier County that are deemed infected must undergo mandatory inoculation or infected tree removal by a licensed contractor. Collier County Ordinance No, 89- 69, as amended, dictates the use of all available County resources including expenditures not to exceed $20,000 in any fiscai year to implement this suppression program. In light of a lack of consistent evidence of positive program results and budget constraints, on February 26, 2008, the Board of County Commissioners approved the repeal of Ordinance No, 2004-11, which amended Ordinance No, 89-69, allowing this suppression program to end. The University Extension Department will monitor for flare ups in the "hot spots" and provide outreach education to the homeowner/landowner on corrective measures to protect their palms. The Collier County University Extension department is also investigating alternative treatments that will target the insect vector for the disease and may be less costly and more beneficial for homeowners/landowners. FISCAL IMPACT: The repeal of Ordinance No, 89-69, as amended, will terminate the Lethal Yellowing Disease suppression inoculation and tree removal program, for a cost savings of as much as $20,000.00 each fiscal year, GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATION: Repeal of Ordinance No. 89-69, as amended, will cause a termination in the County's Palm Lethal Yellowing Program. RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing Collier County Ordinance 89-69, as amended, which will terminate the Lethal Yellowing Disease suppression program. ,- Prepared by: Robert N. Zachary, Assistant County Attorney Date: April 7, 2008 Page I of 1 Agenda Item No, 17C April 22, 2008 Page 2 of 29 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: i7e Item Summary: Recommendation to adopt an Ordinance repealing Collier County Ordinance No 89-69, as amended, which created the Lethal Yellowing Disease suppression program. Meeting Date: 4/22/2008 9:0000 AM Prepared By Kay Nell Certified Legal Assistant Date County Attorney County Attorney 4/9/20088:23:18 AM Approved By Kay Nell Certified Legal Assistant Date County Attorney County Attorney 4/9/20088:23 AM Approved By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney Office 4/9/2008 8:40 AM Approved By Jeff Kiatzkow Assistant County Attorney Date County Attorney County Attorney Office 4/9/20084:11 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 419/20084:27 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 4'9/20084:48 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 4/14/20086:05 PM file://C:\AQ'endaTest\Exnort\ I 05-Anril%2022,%20200R\ 17,%20SI JMMAR Y%20AGENDA... 4/1 (i/200R ~\de;ida item No. 17C llpril 22. 2003 Page 3 of 29 ORDINANCE NO. 2008._ AN ORDINANCE PROVIDING FOR THE REPEAL OF ORDINANCES REQUIRING MANDATORY INOCULATION OF COCONUT PALM TREES TO PREVENT LETHAL YELLOWING DISEASE AND THE REMOVAL OF DISEASED TREES; REPEALING COLLIER COUNTY' ORDINANCE NO, 89-69, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Collier County adopted Ordinance No. 89-69, as amended, to impose mandatory inoculations of Coconut Palm trees to prevent Lethal Yellowing Disease, and requiring the removal of trees infected with Lethal Yellowing Disease; and WHEREAS, due to budget constraints and the lack of consistent evidence of program results, on February 26, 2008, the Board of County Commissioners approved the repeal of this Ordinance and removal of this Lethal Yellowing suppression program, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY', FLORIDA, that: SECTION ONE: Repeal of Ordinance No. 89.69, as amended by Ordinance No, 2004-11. Collier County Ordinance No, 89-69, as amended, and Ordinance No. 2004. 11 are hereby repealed in their entirety, SECTION TWO: Effective Date, This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day of , 2008. ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY' COMMISSIONERS OF COLLIER COUNTY', FLORIDA By: , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and iegal sufficiency: ~r~ Ro ertN, Za rY Assistant County Attorney CP:08-AGR~00014;2 - - - Agenda Ite ./\'pr Pa .: ~~ ORDINANCE NO. 89-..ti... ~~ q, '/ (('..;;:~~ "'-d- '~ AN ORDINANCE REQUIRING INOCULATION AGAINST LETHAL vi+ '?J- .0 . YELLOWING DISEASE, PROVIDING APPLICABILITY; ~"0 . ,<e;" PROVIDING DEFINITIONS, PROVIOING FOR THF. DECLARA- . ......J' J':. ...:.; TION OF LETHAL YELLOWING EMERGENCY: PRotlIDING FOR <'" <r .... :, ,~~ THE EXTENT OF STATE OF EI1ERGENCY, SETTING FORTH ~o1- AUTHORIZED EMERGENCY MEASURES; PROVIDING FOR ~ DESIGNATION OF AREAS OF MANDATORY INOCULATIONS; . PRDVIDI1JG FOR UNLAWFUL ACTIVITIES AND MANDATORY' . '. INOCULATIONS: REQUIRING PUBLIC NOTICE; PROVIDING . FOR LIABILITY or OWNER FOR COSTS: PROVIDING FOR INOCULATION EY OWNER; PROVIDING FOR DETERMINATION OF CO!1PLIANCE WITH INOCULATION j PROV!OING FOR DISPOSAL OF LETHAL YELLOWING INFECTl:D TREES; PROVIDING FOR ASSESSMENT FOR ABATING NUISANCE; PROVIDING FOR RIGHT TO HEARING ON ASSESSMENTF PROVIDING FOR SERVICE OF NOTICE; PROVIDING PENALTIES; REPEALING ORDINANCE NO. 80-87; PROVIDING FOR CONFLICT AND SEVERABILITY; P~OVIDING AN EFFECTIVE DATE. 0' :::;:, LLt ~-. >- c~ '...1 ('".. . , "J WHEREAS, the plant disease known as Lethal Yellowing affects over thirty (30) plant species and specifically attacks the Coconut palm (Cocos nucifera) ana. the Christman palm (veitehia mendlliil, thereby posing a continuous and dangerous threat to the existence of the Coconut palm ~s a viable plant species, and WHEREAS, Lethal Yellowing poses a threat of substantial damage to and loss of property, and as such, the threat thereof is considered an Remergency" as defined in Chapter 252, Florida Statutes 1 and WHEREAS, the loss and destruction of the Coconut palm would constitute an ecological disaster as well as !.n aesthetic and economic loss to the citizens and residents of Collier County; and WHEREAS, preventive injection of Coconut palms with ", antibiotics is the only known and recognlzed method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Lethal Yellowing symptoms; and WHEREAS, the continued health of existing Coconut palms promotes the economic welfare and general prospl!rity of Collier County, and the welfare of the public would be best served by a mandatory injection and preservation program to treat and protect the Coconut palms currently existing within Collier County, and WHEREAS, ColliCl" County has plenary power to abate public nuisances that affect the resider.ts and citi..ens of Collier County; IDOl 036 Pl'! 618 - - - Agenda 11e LIp p NOW, THEREFORE, BE IT ORDAINED BY THE UOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title And Citation. This Ordinance shall be known and may be cited as the RCollier County Lethal Yellowing Disease Ordinance-, SECTION TWO: Applicability. Thia Ordinance shall ~pply to and be enforced in all area. of Collier County. SECTION THREE: Definitions. The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: A. PUBLIC NUISANCE: The threat of infection of Coconut palm trees (Cocos nucifera) with <l plant disease known a8 the Lethal Yellowing disease, is hereby declared to be a public nuisance. All species of Coconut palm infected with the Lethal Yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. B. COCONUT PA~.S: Means all Coconut palms of the species Cocos nucifera except for those trees known as Malayan or Maypan Coconut palms. C. EMERGENCY: Any occurrence or imminen t; threat the.reof, whether natural or caused by man, which results in or may result in substantial damage to and/or loss of property. SECTION FOUR: Declaration Of Lethal Yellowing Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions in order to take whatever prudent action 16 necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, the Chairman of the Board of County Commissl.oners, or Vl.-ce-cnairman uiil- hIs absence, or the County Manager in the absence of ~he Chairman and Vice-chairman is hereby designated and empowered to declare a local state of emerg~ncy in the event the threat of the Lethal Yellowing disease is imminent and a quorum of the Board of County _ 2 IDOl 035 w., 619 - - - Commissioners 1s unable to meet. The determination that such An in the case of Lethal Yellowing shall be mAde recommendation of the Public Services ~dmlnistrator or ~esignee. SECTION FIVE: Extent Of State Of Emergency. Upon declaration, the state of emergency from the Lethal Yellowing disease shall continue until 11 determination by the Public Services Administrator or designee that the threat or danger no longer exists, a recommondation is ma.de to torminate the state of emergency, and such termination is approved by the Board. SECTION SIX: Authorized Emergency Measures. In addition to Any other powers conferred by law, by the Public Services Ad.ministrator or designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence, !nay order and promulgate all or any of the following emergency measures to be effective during the period of such declared emergency, and with such limitations and conditions as he may deem appropriate to protect against damage or 1053 of property by Lethal Yellowing: A) Requiro the mandatory inoculation of all Coconut palm trees in areas .11 designated by the Public Services Administrator or designee for inoculation. B) Require tho removdl of all trees infucted by Lethal Yellowing, as determined by the Public Services Jldministrator or designee. C) Utilize all available resources of the County government .as reasonably necessary to cope ....ith the emergency, including expenditures not to exceed T....enty Thousand Dollars ($20,000.00) for the survey of the existing Coconut palm tree population, the inoculation of County-owned Coconut palms, the inoculation of privately-owned Coconut palms in non-compliance 'With this Ordinance, the removal of infected trees on County-owned property and on private property when the owner has failed to comply 'With this Ordinance, and other reaBonable costs pursuant to the implementation of this Ordinance. aOOK - 3 - (136 PI\! 620 - - - .- 01 Curtail the transportation of Coconut palms into or out of Collier County. SECTION SEVEN: Designation Of Areas Of Mandatory Inoculationa The areas in which mandatory inoculation ill required ahall be designated on the basis of the presence of tree. infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services A~ini.trotor or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee. SECTION EIGHT: Unlawful Activities And Mandatory Inoculations. Upon declaration of an emergency, it shall be unlawful for Any owner of any parcel of land within Collier County and within an area designated for mandatory inoculation to keep or maintain any Coconut palms without providing inoculation and treatment for sama as approved by the Public Services Administrator or designee. It shall be the duty and the responsibility of the owner of any s1Jch property or parcel of lAnd to have inoculAted. any and all such trees with an antibiotic approved by the Public Services Administrator or designee4 Such inoculations shall be performed three (3) times & year, everyone-hundred to one-hundred and twenty (100-120) days, with inoculations to begin within thirty DO) days of public notification of mandatory inoculation. Trees which were inoculated within ninety (90) day. prior to public notification of the state of the emergency may continue inoculations at intervals of one-hundred to one-hundred twenti' (100-120) days trom the last inoculdtion, provided p~oof of that inoculation is given to the Public Services Administrator or designee within thit'ty (30) days after public not.lfication. -----~ BECTION NINE: Public Notice. Thirty l30) days prior to the required inOCUlation periods a. indicated in Section Nine, the County Manager of Collier County is hereby directed to place a public notice in a paper of . qerdral circulation published within Collier County, in order to - 4 I'JQ! CJ6 PIG, 621 --------..---.--.-.-.- - - - inform the property owners of their duties and responsibilities under this Ordinance. Such notice shall be in substantially the follow ing form: NOTICE OF REQUIRED INOCULJ\TION OF COCONUT PALMS Pursuant to Ordinance No. County, Florida, 0111 owners of any lot or land within the fallowing designated boundaries: ArQ requirod to inoculAtQ All Coconut palm true. {COCOI nucifera) located on their lot or parcel of land. This inoculation may be done by any contractor oesignated or approved by the Public Services Administrator actinq on behalf of any property owner and using an antibiotic llppro"ed by the Public Services 1\dmintatrator, or dosignee. ThoBO individuals ....ho do not wish to avail themselves of a certified inoculation contractor may inoculate their trees themselves with materials and techniques which have been approved by the Public Services Administrator or designee. Every Coconut palm tree within the geographic boundarie! shall be inoculated and the inoculations are to be performed within thirty (:!O) days from the dote of the publiCAtion of this notice in a paper of general circulation in Collier County, Florida. Those Coconut palms currently on an inoculation program and whose most recent inoculation was within ninety (90) days of this public notification, may maintain th.eir current inoculation schedule as long as proof is provided to the Public Services Administrator of the last inoculation. of Collier p4rcol of geographic SECTION TENl Liability of Owner For Costs. Within the time periods referred to in Section Nine for inoculation of Coconut palms, the owner of the parcel of land on which said trees are located must himself inoculate or make provision for inoculation of his trees by contractors who have been approved by the Public Services Administrator or designee to provide the treatment necessary to abate the Lethal Yellowinq 61..al.. If the owner fails to provide for inoculation, the owner of any parcel of land upon which palm trees are located shall be li~ble for the expenses incurred by Collier County, its agents or contractors, in treating the affected Coconut palm tree or trees. SEC~ION ELEVEN: Inoculation By Owner. Any property owner may inoculate his/her own trees, prC"-vided, however, the antibiotic and treatment procedures used must be approved by the Public Services Administrator or designee. lOOK C36PlGl622 - 5 - - - - All property o....ners who utilize the prl~cedure contained within thl. S.etion mUlt. within ton (10) d.y. of hovinq the treatment performed, submit to the Public Servlces Administrator or designee proof of purchase for materials and equipment used in thi. treatment, and an Affidavit of Compliance in substantially the following form: Affidavit of Compliance STATE OF FLORIDA COUNTY OF COLLIER I/We, , the record owner!s) of property sltuated at (legal descriptlon or street address) hereby attest that on (date of injection) 1/we injected or had injected (No. of trees) Coconut palm trees (Cocos nuciferal located on the aforesaid property I inaccordance with thn procedures approved by the Public Services Administrator or designee. I further attest that the receipts attached hereto are offered as proof of purchase of the materials and equipment used in treatrn,~nt of all Coconut palm trees. FURTHER, AFFIANT SAYETH NOT. SWORN TO AND SUBSCRIBED BEFORE ME this _ day of 19 Notary PubllC My Commission Expires: SECTION TWELVE: Determination of Compliance With Inoculation. All contractors approved by the Public Service. Admini.tra- tor or designee to inoculate Coconut palms (Cocos nucifera) and participating in inoculation must submit a list of inoculated trees within five (5) days of inoculation to the Public Services Administrator or designee. These lists should include name of property owner, address, number of Coconut palms located on the property, and the number of Coconut palms inoculated. Failure to notify the Public Services Administrator or ~esiqnee of All inoculations may result in loss of 1noculat1on-cert~TicAtion: After the thirty (30) day tine period described in Section Ten for compliance with provisions of Sections Twelve And Thirteen, the Public Services Administrator or designee shall make a determination of, and compile a list of, those individuals owning land or parcels .....i thin Collier O.W....6?3. \JUrA'":' ;.." of property .O~. 6 - County upon - - - which Coconut palm trees (Cocos nucifera) Arc lccllted and who ,- :~. hive not complied ~ith tho provillons ot this Section or have not submitted an Affidavit of Compliance pursuant b) Section Twelve herein. Upon compiling the list of noncomplying property owners, the Public Services Administrator or designee, :;hall then cause to be mailed by certified mail, return recei;?t requested, A notice to those property owners who have failed. to comply with the provisions of this Ordinance in substantially the following form: NOTICE TO: ADDRESS: PROPERTY; You, as the owner of record of the property above dOlcribed, upon which Coconut palm trees "'re located, are hereby nctified that pursuant to Collier County Ordinance No. , the Public Services Administrator or designee, on t.he day of , 19 , has determined thata-threat to property CXl.sts upon such proporty cnuaod by tho o~iDtQnCO of Coconut palmi, in number, susceptible to being infected with ~thal Yellowing disease. YOU ARE HEREBY NOTIFIED that you must abate this threat to public property within ten (10) days by havinq said Coconut palm or palms treated with an antibiotic approved by the Public Services Adminivtrator or designee. failing in which the Board of County Commissioners of Collier County will have it done and the cost thereof will be levied 8S an assessment against such property. I f the property owner or someone in his behalf has not abated the threat to property described in said Notice within ten (10) days from the date of the giving of Notice as Aforesaid, the County shall forthwith abate the same and enter upon the property And take such steps as are reasonably required to effect abatement. SECTION THIRTEEN: Disposal Of Lethal Yellowing Infected Tree.. It shall be unlawful for any owner of any parcel of land within Collier County to permit to remain on said property Any tree infected with Lethal Yellowing. Trees determined to be infected with Lethal Yellowing by Public tho Service. AclJI.inistrator or designee must be removed and disposed of by - , ...aOOK 036 "d>24 - - - burial at the County Landfill within ten ( 10) days of ,.~.' notificAtion to tho O.....ner. Notification to property owners shall be mailed by certified mail, return receipt requested, in substantially the following form: TO: ADDRESS: PROPERTY: YoU, as the owner of record of the property above described, upon which Coconut palm trees are located, are hereby notified that pursuant to Collier County Ordinance No. , the Public Services Administrator or designee, on the day of , 19 , has determined that ----a--threat to property exTsts upon such property caused by the existence of Coconut palms, in number, susceptible to being infected with the Lethal Yello.....ing disease. YOU ARE HEREBY NOTIFIED that you must abate this threat to public property within ten (10) days by hllving said Coconut palm or palms removed and disposed ()f at the County Landfill. Failing in which, the Board of County Commissioners of Collier County will have it done and the cost thereof will be levied as an assessment against such property. If infected trees have not been removed by owner within ten (10) days of notification, the County shall forth\dth abate the nuisance and shall, through its employees, servants, agents or contractors, be authorized to enter upon the property and take steps as are reasonably required to effect abatement. ~~N FOURTEEN: Assessment For Abating Nuisance. 1. Within 30 days of abatement of the nuisance by the County, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. Thereupon, the Board of County Commissioners, by resolution, shall assess the cost against such parcel. Such re301ution shall describe the land and show the cost of abatement, including administrative costs actually incurred by the Count~ with respect thereto. Such assessments shall be legal, y_a.!!-~,__a,::,d _bi_~di~9 obligations upon the property against which made. until paid. The assessment shall become due and payable thirty (30) days after the mailing of notice of assessment, after ...,hich interest shall accrue at the rate of twelve percent (12%) pe;: annum on any unFdid portion thereof. ItO! 036 "(.~ 625 - B - - - - 2.. The clerk shall mail A notice to the record owner or owners of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice may be in substantially the following for.m: NOTICE TO: ADDRESS: PROPERTY: You, as the record owner of described, are hereby advised Florida, did, on the _ day order the abatement of a certain the above property, sending you nuisance being the property above that Collier County, of , 19 I nuisance e:~istingon notice thereof, such (hereby describe briefly) A copy of such notice has been heretofore sent you.. You failed to abate such nui~ance; whereupon, it was abated by Collier County at a cost of $ 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 prope=ty thirty (3O)days after such assessment. You may request a hearing before the Doard of County Commissioners to show cause, if any, why the expenses an~ charges incurred by the County under this Ordinance are excessi ve or unwarranted, or why such expennes should not constitute a lien against the property. Said request for hearing shall be made to the ClE:rk. of the Board of County Commissioners, in writing, within thirty (30) days from the date of the assessm~nt. 3. If the owner fails to pay such a5sessmen~ within thirty {30l days after said assessment has been made, the Board of County Commissioners shall cause a certified copy of the assessment resolution to be filed in the office of the Clerk of Courts in and for Collier County, Florida; and the assessment shall constitute a lien against the property as of the date of filing such copy with the Clerk of Courts and shall be collectible in the same manner as liens for non-payment of property taxes, 4, Collection of such assessments, with interest and a reasonable attorney I 5 fee, may a1::;0 be made by the Board of County Commissioners by proceedings in a court of equity to foreclose the lien on the assessment in the manner in Which a ~i(m for mortgages is foreclosed under the laws of Florida1 and lOOK 030",",626 - 9 - t~. !', it." t.i:<l,' 1\~' _ ~, . ' ~~:: ~;., Io:l ~'i&.':, ~.. , .... ;:- ~r ~:. f' f'i; i if" I", We. ~~ ~,: "t.,- - - - Agen,ja !te Ap Pa it shall be lawful to join in any complaint for foreclosure of one or more lots or parcels of land, by whom~ver owned, if Assessed under the provisions of this Section. The property subject to lien may be redeemed at any time prior to sale by the owner by paying the total amount due under said lien, including interest, advertising ~nd reasonAble court costs costs, attorney's fees. SECTION FIFTEEN: Right To Hearing On Assessment. 1. Within thirty (30) days of the date of assessment, any owner shall have the right to request a hearing before the Board of County Commissioners to sho..... cause, if any, why the expenses and charges incur~ed by Collier County under thir. Ordinance are excessive or unwarranted or 'Why such expens(~s should not constitute a lien ayainst said propertYi hOl..ever, nothing contained in this Section i9 to be construed to disturb or permit a revie..... of the determination by the Board of the existence of the public nuisance under this Ordinance. 2. Public hearings under this Ordinance sh3.11 be held by the Board of County Commissioners upon written application for hearing made to the Clerk of the Board within thirty DOl days after the date of assessment described above; and an application for hear lng, proper ly filed, sha 11 stay the ref:ording of the Assessment until a hearing has been held and a de~ision rendered by the Board. 3. If after said hearing the Board determines that the assessment is fair, reasonable and warranted, the asses~ment resolution will be recorded forthwith. If the Board determines that the charges are excessive or unwarranted, it shall direct the County Manager to recompute the charges; and ~he Board shall hold a further hearing after notice to the cwner upon the recomputed charges. SECTION SIXTEEN: Service of Notice. 1. The requirement of notice under the provisions of this Ordinance shall be met if such notice is mailed by registered or certified mail, return receipt rec;:uegted, to thu owner at the address indicated on the records of the Collier County Property - 10 _IO,! 036 PlG~ 627 - - - Appraiser of such lot or parcel of land for ad valorem taxation purposes, and shall be deemed served when mailed. However, if ,r:. . ,. ,. {i~; , ''-''''.- ';~~ ~1i'; ;f,' ~, ~;'. ..' f' such r.otice is returned by the postal aUbhorities, then the subject notice shall be adequately given if publLJ.hed once a week for two consecutive .....eeks in a newspaper of gemlral circulation in Collier County and a copy thereof posted on the property in question. Failure of such owner to receive such notice ahall not be deemed to ce a defense to any legal proceedings implemented under this Ordinance. In addition to the fore9oin~, if there is an occupied dwelling on such lot or parcel, a copy of t:he notice required in this Section shall be served upon the occupant of said building by mail, or personal service, or by posting a copy of the notice in a conspicuous place upon the property. 2. If the mailing c'J.ddress of the o....ner is not known, then service of notice on any occupant in posseflsion shall be sufficient. If the mailing address of the owner is not known and the property is unoccupied, the requirement of such notice under the provisions of this division shall be met if such notice is posted on such lot or parcel. SECTION SEVENTEEN: Penalties. If any persor. fails or refuses to obey or comply with, or violates any of the provisions of this OrdinancH, such person, upon conviction of such offense, shall be guilty e.f a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars (lSOO.OOI or by imprisonment not to exceed Sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or nan-compliance shall be considered a separate and distinct offense. Further, each day of continued violation qr non-compliance shall be considered as a separat~ offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any COUt c of competent jurisdiction ~s 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. - 11 - 100! 036 Il',' f.i28 ,,!.:>', .",'.' ':'~ t". "!i;~. ..~.: ..;.;.;. I':', -;-:..,' ;'/ '1If.' , i~~r.'..., . ". 1':. . i.', t 1,", ff'." '.~' , 1.1..'...... ;:i: .. ,.';. ~h: ftII."" ~., ,~. i.,:.... ~' .,'~ ,.. ". '. "'. - - - Further, nothing in this Section shall be construed to prohibit the County f=om prosecuting any viCllation of this Ordinance by means of a Code Enforcement Be-ard established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to 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 EIGHTEEN: Repeal of Ordinance No. BO-B7. Collier County Ordinance No. 80-87, ....hich established a Lethal Yellowing Disease Inoculation Program, is hereby repealed in its entirety. SECTION NINETEEN: Conflict And Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicabl-e law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hclding shall not affect the validity of the remaining portion. SECTION TWENTY: Effective Date. This Ordinance 6hall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners Collier County, Florida, this ~t7~day of ~~ , 1989. of ATTESt'. r: ,.:z~5"~""'GJ;,,,ES, Clerk ':~'~t;.1~ lJr~ [) c. -:: --'; ,........ COUNTY COMMISSIONERS COUNTY, FLORIDA <-~ By: BURT L. Cha.lrman ": .' _.- " ~~pproved as to form and le9alJ~ufficiency: ---1. .' . ~C>- ~. ~~b-... G~~a C. Wl.!6on Assistant County Attorney Thll ordlnonc. mild wfth tht- ~~~~~ and OCknowl_~ ~~~ lOOK 036 w.: 629 - 12 - ..._--_.__......__._---~ .---..-.-- -- - - - l'~,,:,' "~I':I~;~;.V.':'t,. ~. . .,~:.,..;r.~ ~t~~;~~'--':; ," ;', STATE OF FLORIDA ;'i~'~' COUNTY' OF COLLIER ..~;", 'H-' 1 I, JAMES C. GILES, Clerk of Courts in ~nd for the Twentieth Judicial Circuit, Collier County, Florioa, do hereby certify that the foregoing is e true copy of: Ordinance No. 89-69 which was adopted by the Doard of County Commi~lsloners on the 10th day of October, 1989, during Regular Se3sion. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of October, 1989. JAMES C. GILES ,.J.;, Clerk of Courts and Clerk ", .' Ex-officio to Board of ~. Coun~Commi5sioners _~~." ?4~?~ ~. lk-"7'j-; , By: Virginia Magri /? Deputy Clerk . 'J. ... J / .. , ~ : '1\ IOOl 036 Pl'.! 630 " b'Z;j~'S 'em No. 17C ....~ f1il'i' 2,2008 ORDINANCE NO. 2004- 11 ",0"'''' pag€i>~7 of 29 0) __ 'Z' ;> AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AM '" DlNoHAR aJ04 ~ ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCUL. tpN /)Cflr]\JCO ~ COCONUT PALM TREES AGAINST LETHAL YELLOWING I AAil.hCl r(j ~ EXPANDING THE SCOPE OF TIlE ORDINANCE TO APPLY' ""THE .,.'" MALA YAN AND MA yp.\N PALM COCONlI r PALM TREES AND T ~ - 'O,W PIIOLNIX DATI' P.~LM (;ROIJl' (DArL PALM .\Nll (,.'\NARY ISLA 11:01:6' PALM) AND I'll IIIL CIIRISTMAS PALM: IWI E(;ATIN(; RESPONSIIlIl.lTlI'S TO (,ODE ENFORCEMENT: AUTIlORIZIN(; THE COUNTY TO TAKE REMEDIAL ACTIONS WITIIOliT FIRST INSTRUCTING TilE LAND OWNER TO TAKE SUCII AcrlONS:~' PROVIDING FOR INCLCSION IN THE CODE OF LAWS ANfJ'C, ORDINANCES: PROVIDING POR COI'FUCT AND SEVER.4131L1TY['! PROVIf)ING AN EFFLCTIVI, DATE. '., . , WHEREAS, Oruinance No. 8()-69, as amended. established the Collier;CollntY-Le{h~i ~.:_ : .,..J Yellowing Di!->ease Ordinance; and (3": r,,' ~r., ',-~ \VHEREAS, the plant disease know as lethul ydhw,'ing affects over lhil1y (30) palm species and specifically attacks the coconut palm (Cocos fwcikru) and the Phoenix date palm group (Dnte Palm and Canary Island) and to the ChrisLmas Palm, thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viahle plant species; and WHEREAS, Lethal yellov.'ing poses a threat of substantial damage to and loss of r (upeny, and as such, the threat thereof is considered an "emergency" as defined in Chapter 252, Florida Statutes; and WHEREAS, the loss and destruction or the COCOllut palm would constitute all ecological disaster as well as an aesthetic and economic loss to the citizens and residents of Collier County; and WHEREAS, preventive injection of Coconut palms \vith antibiotics is the only known and recognized method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Lethal Yello\\.'ing symptoms; and WHEREAS, the continues health of existing Coconut palms promotes the economic welfare and general prosperity of Collier Coumy, and the welfare of the public would be best served by a mandatory injection and preservation program to treat and protect the Coconut palms currently existing within Collier County; and WHEREAS, Collier County has plenary power to abate public nuisances that affect the residents and citizens of Collier County. including abate the nuisance of lethal yellowing disease. NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that CoIlier County Ordinance No. 89-69, as amended. is hereby further amended to read as follows; SECTION ONE: Title and Citation. Agenda Item No. 17C April 22 2008 Page 18 of 29 This Ordinance shall be known and may be cited as the "Collier County Lethal Yellowing Disease Ordinance", SECTION TWO: Applicability, This Ordinance shall apply to and he enforced in all areas of Collier County except in each municipal corporation that has then adopted an Ordinance 10 cOlltrol the Lethal Yellowing Disease by removal of trees and/other similar remedial measures. SECTION THREE: Definitions, The following words, phrases or terms as used in this Ordinance shalt have the J(lllowing meanings unless the context clearly indicates otherwise: A. PUBLIC NUISANCE: 'IllC treat of infection of Ct:lem.mt covered palm trees f'''':eeas l1l:1eifera) with a plant disease known as the Lethal Yellowing disease, is hereby declared to be a public nuisance. All species of CSeBl'mt covered palm trees infected with the Lethal Yellowing disease or any carrier of said disease are also hereby declared 10 be a public nuisance. B. COCOWJT COVERED PALMS: Means all eeeema palms trees of the species Cocos nuc{fera e}~Ee13t far those trees kne'YR as Malayan or Maypan Coconut Palms and the Phoenix Date Palm Groun (namelv the Date Palm and the Canarv Island Palm. and the Christmas Palm. C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or caused by man, which results in or may result in substantial damage to and/or loss of property. SECTION FOUR: Declaration of Lethal Yellowing Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions in order to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby designated and empowered to declare a local state of emergency in the event the threat of the Lethal YeHowing disease is imminent and a quorum of the Board of County Commissioners is unable to meet. The determination that such an emergency exists in the case of Lethal Yellowing shall be made upon the recommendation of the Public Services Administrator or dc::;ignee. 2 Words underlined are additions, words strl::lsl; llu8Ugi:! are deletions. SECTION FIVE: Extent of State Of Emergency. Agenda Item No. 17e April 22. 2008 Page '9 of 29 Upon declaration, the state of emergency from the Lethal Yellowing disease shall continue until a determination hy the Public SCTvi<.:es Administrator or designee (anticioated to he the Collier County University Extension} that the threat or danger no longer exists, a recommendation is made to terminate the slate of emergency. and SHch termination is approved hy the Board. The Stale or EmcTcencv shall initiallv considered to he l.:ollntv\vidc. The areus in which mandator\' inoculation is rC(luircd shall be desil!naled on the hasis of the presence of trees infected hv the Lethal Yellowinf! disease or the imminent threat of infection from Lethal _\'cliowinl1 as determined bv the Public Services Administrator or desic:nee. The boundaries for the areas reauirine. mandatory inoculation shall be set by the Public Services Administrator or desiu:nee. The Public Services Administrator or desh:mee shall remove I.!eou:raohic areas from the area of the State of Emerl!encv ('"suporession zone") uoon determining that each such ex emoted geol!raohic area is not then threatened hv the Lethal Yell0winl! Disease and, if oreviously infected tree(s) existed in that area. no new case of Lethal Ydlowinl! Disease had occurred within that {!eograohic area at an\' time durin!! the orecedinL!. two (2) vears. SECTION SIX: Authorized Emergency Measures. In addition to any other powers conferred by law, by the Public Services Administrator or designee, the Chairman of the Board ofenunty Commissioners or Viet>chairman in his absence, I1WV order and promulgate all or any of the following emergency measures to be effective during the period of such declared emergency, and with such limitations and conditions as they may deem appropriate to protect against damage or loss of property by Lethal Yellowing: (l) Require the mandatory inoculation of all eeeefHtt: covered palm trees in all areas designated by the Public Services Administrator or designee for inoculation. (2) Require the removal of all trees infected by Lethal Yellowing, as determined by the Public Services Administrator or designee. (3) Utilize all available resources of the County government as reasonably necessary to cope with the emergency, including expenditures not to exceed Twenty Thousand Dollars ($20,000.00) in any fiscal year, for the survey of the existing eaeemH and susceotible covered palm tree populatjon~, the inoculation of threatened County-owned CSe8ftlit covered palms, the in~)culation of threatened privately~owned eGeefH:tt covered palms in non~compiiance with this Ordinance, and the removal of infected trees" 81-1 CSUllt) 8.mea }3rsf'lertj BRd l:ln J3ri"ate flfl:lfleFl:~~ ,.fleR the s'.\'fler bas failer:l to e8ffipl~' \:ita BV'fler IH8Haatea innal;;uiatisR, f6f118',al, or 3 Words underlined are additions, words 5truel~ threugk are deletions. Agenda Item No, 17C April 22, 2008 other el3ligations mandated under tHis OraiR8nee. aRB other reas80able oosts rurSu8nt te tl1aage 20 of 29 irnpleffientatioH of tRis Ordinaflee. (4) Collier County Code Enforcement shall be responsible for makine oroDertv surveys to determine the location and number of covered Datro trees that exist within the reauired inoculation zone area (a 100 yard radius from the base of each infected covered nalm tree). Not later than thirty nO) days after beinl.'.: infomled of a l.ethal )'ellowinl! Dist',-lse outbreak. Code Enforcement shall provide the survey list to the inoculator and to the Administrator or desicnee. (5) While in the field and on private property the inoculator shall wear a shirt with safety vest with the words "Palm Inoculator" clearly displayed thereon and shall carry a letter written bv the designee that explains the then current Lethal Ydlowilll! Prol!rmn. The inoculator shall promptly and in writing provide to Collier Count\' Code Enforcement the street address of each lot or Darcel of land insnected bv that inoculator and the number and snecies of covered nalms located in each such covered nalm tree surveyed land area. (1) ~let.. itRstaAaing any BtHer flFe, ision of teis Ordinanee. .The Puhlis Serviees ;~~aIRiAistfEltBr. Bases SF!. iA I.s1:ise eest Benefits anal:,sis. IRa) ha\e SliSfleeted trees iAe6lilated (sr ha.e s1:leh trees remB,les) in liet.l of mandating Sl:leh iRB8t.11atisl1 !:lAdlsr reR1s"al BY the landowner. W Cwrtail the trsAsJ3srtatioA Elf ee€SnHt palms inte Sf OHl sf Collier CaHllt). SECTION SEVE~l: Designatien of.\reas ElfMa.nelatef) Ines1:llatisn. The areas in .:l\ieh mandatery iASel:llatiBI-: is rel'J.1:lifed shall he designated en ....he Basis af tRe J3fesem,e eftrees inreetea 1:1) the LelRal Yelle.....ing disease sr tl'le iffiffiiRent tl:1reat ofinfeet-i-eH [rem Lethal Yelle ..iRg as determined BY th.e Pl:I131ie Serviees ,^.amiflistrater or designee. The b8l;lFl.:iaries for the areas requiriFlg manaatBr) iFleeulatien SHall Be set Bj tHe Publie Seryiees ,\smiRistrater ar designee. SECTION SEVEN 6!GH+: Unlawful Activities and Mandatory Inoculations. (al Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of land within Collier County and within an area designated for mandatory inoculation to keep or maintain any CeesRut threatened covered palm with€lut pre. iaiAg that is not inoculated iRseulatisR BRS treatmeRt fsr sf same as afJJ3rs :ed reauired by the Public Services Administrator or designee Dursuant to this Ordinance. 4 Words underlined are additions. words stfliSI' thn-lugh are deletions. f\;J€nda It'31T1 1\10, 17C }\~Jrii :22, 2008 (8) If iRoe\::llatien 13) tAe 8n Rer is fRanElated, it s~all he tRe 8\::1t) flREI tRe resJ3( Rsibility of tlr.::age 21 of 29 . ..'Ref--ef SR:, sHeR J3F8FH:~ft) or f1i.ued ef laRa te he\ e iR8s\:Ilated aA)' and all SlICR trees ,ith aA antibiotic BfiJ3Te ,ee 13) the PblBlie SeT. iees :\amiRistratof Elf ElesigRee. (e) Sl:Ieh iHoeulatioRs shall be flerfnnned t~fee (3) times a )ear, e er) BRe IHiRarea ts SRe luwdred aHa tv-eRt) (Ion 120) dais. ',',ith inoeulati8n.; t8 bebin "ithiR f.ifteen (15) Bays offlHi:llte notitieatiell efmaAdat8f) iFlsHllatiflll. Trees v.Aid~ were im:luulated" ithill Ail'let) (9Q) dais flrior It) fH::l\:Jlie A8tlfieatioA of the ,'tate sf [he ~11l~rgenE::' lllH) (Ol:1ntillue inoebllations at inten <lis or l:lJle Imna.rea te ORe FnmElrea tn,8Rt) (100 I "'0) as) 5 frsffi tHe last inoeulatiElR, pI'S" ised flroof sf tHat iAEleulation is gi'. eA te tRe Plil3lic .serviees .^.dmiRistrater 81" desiga88 v:ithia thiA) (30) de:, s after f)Hblic astifieatil:ll'l. SECTION ~ml!;: P,,"lie ~'"(i,,. fifleeH (15) E1.a)s J3rior Ie the 8v'ner mandatee IAeeulatisA fleriods, the C8HRt) ,,\dmiAistrator is hereBY HHtlierizea 10 ~leee a f11:18Iie Retire iH a fl8fler sf general eireulatioR published witAiR Callier CSl:IH1), in order to iFlferm the flTsfleFt: eWRers sf their dl1.ties aRs resfl8nsisilities HAser this Ordinam:e. SHen lletiee shall he in SHBs:sRtiall:, tHe fells',':ing fsn'fl: NOTlC!; OF REQl31RED INOCULHION OF COCONUT P '.LMS Pursuaflt te OrEliABAee }ro. 8989, as aRleRBed of Callier CO\:lAt: ' nedda, all owners of an:, II:-lt sr flaresl sf [[Hul .\ithin the follo\\ ittg designated geo~raphil;: boundaries: are reEJHirea to inmoulate all Ce8Ellut flaim trees (CMOS Imeirera) Im,<ltea l n their lot or pan;:d of lam!. Thi.; il~tiett""HUl) At:! clone lry--aflj" l'l:mtral;;lor aesignal-t:J-er--lipl3f0\ eu 8) thl.? Publie S~r\'iees :\dn'linistratef aetiRg on behalf sf al1~ flrBJ3erty 8'\,ner aRa usiag an antibiotic approved 1:1:, the rutlie StT\'iees .^.arHiRistrator, or desie':REle. TAose insivifluals" h8 ae Rot wish ts a.ail tl:emsel',es e: a eerlif.ieEt iHoeu]atioFl eoatFaetor FRS) inouelate their trees thel'fl sd"li!s "ilh material aBB teehniCfues ,..hieh ha' Ii! Been aflJ3l'o', eEl BY the PlJ131i", Se-r'. ir.:es :\dmiRL'trator or designl!e, E\ ery Coconut palm tr~e ';ithin tLe geograf3Hit; h8uAaaries shall Be iR8Nllated aHa tfle.-i-noeulations are to be performza wtiflin fifteen (15) eJa)s from the date of the ]3l:lsliea:isn of this netiee in a pafler of ~el.eral tH~ien iR Collier COURt)', Flerida. These COeORl:lt palms eurrentl) OR aA iRsebl!ation J3Fsgraffi and '''Rase IRest Teeent ifloeu.latiBR ",'as '..it~iR ninet:. (99) da)s of this J'lublie RBtiHeatisR may maiHtaiR their 6HrreAt iReSl:llatiea seheal:l.le as IORg as written proof is prB', iaea t8 the Pl:lalie S:en iees .^.HL.ninistf8teT Elf the last ffi.e.eulation. SECTION TEN: Li."ilit) efOw""f fBf C"st,. W lHithiR tHe ti&le J3erieEl referres to in Seetion tline fer SARer mamlatea iR861:llatiBR of Ce88RIo:lt palms, tHe 8 .\Rer sf tHe J9areel sf JeRel SA v:hieh salE! trees are JesateEl mllst kimself ineeulate Sf mab:! I3fe, i:)ieB fef ineeHlatloA of !:lis fret""- icl: ::-::~:-~:::~e.:: ','. ~8 !1~ve be~n-apfl:-~':e~ 5 Words underlined are addiLions, words slruel~ thrsL:lgh are deletions. Agenda Item No. 17e .i\prii 22, 2008 BY the PHslis Ser.iees .'\dm.iRistraler or designee to fJFH , ide tRe treatment Reeessar:. 18 aoate thelage 22 of 29 Lethal Yells',iRg diseas8. W If the owner fails 1e preY'" iEte fer iH8f:nilatisR, tRe B'>\Rer of aHY flareel sf laRa 1:IJ38R Nflieh palm. trees are IBeates sAall be liaBle for the eHpeRses iFlsl:Irree bj Cellier COURty, its ageRts aT l:!8nlffietoFS. if\. treating the affeeteel CfleSA1:It !"alm. tree Sf trees. ~!":CTlON !":L!":"EN: Inaeal.tisn Il) O"ner. W \RY f'lrBpert) o'nner nUl) at any time ineeulate his{her O\\R trees; pffI\'iael!. He)\' e.er. if an:: sl:leh iRB5wlatieR is mass after the Puelie Ser\'iee /\GFJ:inistratBf has aeeidea that s1;:len. inoel:l.latioRs is reEJHired. tHe antiBj8~ie aRe treatmeRt fJr8eec:hm~5 l'lsea ffi1:lst l:le RflflrB, ea hy tHe Pli131ie geF\ iees :\dmiflistfB.tor 8f aesigflse. (b) ,^oll J3rsJ3erty S'''Aers \';he iAoculate 8A) tree(s) after the Publie ger:.:iee ;".El.ministratiEJR has aetefffiiAeEf sl:leh inse1:datisA is r~fluin~a must, ., ithin tefl (10) aa:, 5 of he"iRg tRe treatml:m.t f1er:furmeEl., SUBmit ta the Puelie Serviees :\SIRiAistfa-ter sr eesigfl~e '\Tinea f3f8ef sf flurehase fer materials aRB eElUi13meflt l:Isea iR this treatmeflt, ana an .,\ff,jaw'it of COFRfllianee iR S1:lBstafltially the roUe "iRg [8TIR: ,'\ffids"it of COffiJ3liaRee ST.\ n: OF FLORID,'. COUHTY or COLLIER I f\Ve, , the meers 8wReF(s) of !,re!,eRY sitllatea at (legal aencri!,tioR or stroet adaress) hereB)' attest that OR , (aate ef iHjectieR). I".ve iRjected or had iHjected (Ne, ef trees) CecoRllt !,alm trocs (Coces Rllcifcm) lecated OR the aforesaid !,r8pert)', in accordance with the procedures a!,pro\ ed BY the PUBlic Sen'ices !.dmiRistrater or designee, I fllrther attent that the recei!'ts atlached hereto are offered an !,roef of pllrchase of the materials aRd equipmeRt used 111 treatmeAt of all CacoRut palm trees. FURTHER. .'.FFIMIT S,'.YETH NOT. SWORN TO .'.NIl ~UIlSCR1IlBD BEFORB M!": thi, day sf ,29_, N,taf) PUBli. Hj CSfAmissien EHflires: SECTlnr:-r T1,llELVE: Determin8tisR OfCoffij3lisRse With O\,ner MaR8.ateEl IRss1:l1atisR. uu .\11 eeRtrasters BfltJf8yee BY the PH131ie Ser'iees .".amiRistFateF SF aesignee ta ia81.ndate COeefl.Ht pslms (Cases RHeifera) BRa p8rtieipatiRg iR ifls8ulalisR must sHBmit a list sf iRS6ulatea trees' ,ithiH the (5) 8a:, 5 sf iR8eulatien t8 the PH~lie Ser iee:'i "'.amiRisotrr::.L. e. c_s:.;;::ee. TI~~se 6 Words underlined are additions, words strl:lel; thrsHgh are deletions. lists sflouls include Flame of J3F8J3eFt; Agenda !tSi11 I'JO. I?C April 22, 20CJ3 S'\Rer, address, Rl:lmBer of Ceeefl\:lt J'lalffls lassies on IR~a2e 23 of .29 prn}3ert), BRa the RHFf\8er Be CoeoRut palm.s inoculates. Failure to FlBtif) the PblBlie fen ices ,^.em.iRislrBIBr Br gesignee of all inecHlatisRs may resHIt iR loss flf inBeHlatisR eerti:licatioR BY that €entraetor. (b) ,^-her the fib~~A (15) de) time fleris8 aeserieed iR SeNioR Ten fer eomflliaFlse ,,,ith }Jrm isions Bf Seetion T\\eh e and Thirteen, the Public Ser\'ices ,^.emiRistFatBr Bf assignee shall maLe a deterAlina:i8fl sf, al,a eampile a list of. tho.;(:; inai\ iewels o':,ning lana or flareels of flroperty 'Nithin Collier Ceun~~' I:Ifl8n '.' l'lieh COeOAl:.lt j9alR-1Irees (CEleos 1'l1:leifera) are loeatetJ and WR8 ka"e Ret eElmplieei '\'ith the owner mBRaatea re~ujrements sf this On:liAsnee af haye Rot submitted an :UfIaa, it sf Cemplianee as re~1:Iirecl herein. LTJ30Fl €BffiJ'liliAE; the list of ileA eElmpl: iAg J:lfElJ:lerty m"ners, tAe P~Blie ~'er, iEes .^.dmiAistr-atof or clesignee, sHall then EJBl:ISe 18 13e mailed BY certified mail, retmn feeeipt reqlolestea, ef D) faesimile, (:-)f 6) e mail, Sf h:, He\"S~aJ'ler f1H13lieatioR, a notice to tRese proJ3ert) owners ,..he hs, e failed t8 eeI1'l(31~' '"itk G\\'Rer maFlaatea aetiOR(s) reEJuired B) tAe Public Ser\ iee ,,\dmiflistrat8f, or ether pro\isi0flS sf tRis Ora.iRBnee in SH8staRtiall) the f..elle'yiFlg f..enn: NOTICE TO: ,~DDRGSS: PROPERTY: Yel:l. as tHe eWAer efreeera srtne J'lfB)3eFt) ab0',e deseribea, l:IflBA ....hidl Ceeeflut palm trees are loeated, are hereby notified that j3ursuant t8 Collier CouRt;, Ordinance Ntl. 89 69, as amended, the Public Sen iees ,^.dministratllr or t1e.:i!;llt:e, fill the _ L:la:, l:lf , 2000, has determined that a thrt.'!at to property enists UJ38Fl sHeh flr8J3eFt)' causea B;' the el;istenee of Co€el1ut palms-, 1ft FlumBt:r, sl:Iseeptiiolle to Being iflfeeted 'nith the LetHal Yellov.iflg ~ YOU .'.RB HEREBY }IOTlFIED that ) e" ffi"", a.u.e thi, .hreat .. ~u"lie )3rapert:, .. ithiH tel: (l Q) da~ s B;' having saia CeeOl-11:lt f3alm or j381ms t[sates. with. !IT. Bntil3ietie BJ3pT8':ed by the Publie geryiees .^.aministrater sr desigRee, failiRg in "'Rieh the Deara ef CSUFlt) Ceffimissi81\ers sf Callier CaHAt) .. ill have it daRe and the eost thereafH ill be le\ied as an as.:essment against saeR propert:,'. (6) If tHe pT8fleFtj S''ffler or ssm.eSRe in his ~ehalfhBs F10t Bested tHe threat t8 pFe)3eFt) deseril3eEl in said ~lotiee . ithiR ten (10) da:,s from the Elate oftRe giving efJ>Ietiee as aroresaid. tHe CeliAt)' shall feFth,:itn abate the same BRS enter upon the flrBjgeI1)' Bna taLe sHch stef's as are Feas8Rael) re~l:lireel t8 effcet abatement. SECTIO~! THIRTEE~!: Disfl8salefLethsl YeIl8\\iAg IAfeeted trees. 7 Words .\.l!lderli.!lcd an:: additions, \\'ords struek Ihrsug,h arc deletions. Agenda Item No. 17C April 22, 2008 (a) It sRall ee HRlaNful fer aFl) 8 ..Rer sf aR) flereel sf laRd ":.ithiR Cl:-lllier CEll:lRty 18 pemlit Page 24 of 29 t8 remaiR SA said flFsfleItj SR:;, tree iRfeeteEl with Lethal Yellov.iRg, Trees cleteFmiRBd 18 ee iRfeeteel ...itk Lethal Yelle ,iAg~) the Pl:lslie Ser.iees .\smiRistratsf ar elesibRee ffil:lst Be fems. ee ami disfleseelefe) Burial at lh.e C81::1Rt) LaRelfill wiH:iR teR (10) days ofR8tiiiealioH 16 tAB ev.ner. IftJ:tB CeHl'll) does RElt deeiele t8 reins" e ,:ucA trl!e(s) at thc: CaHill) 's eests. RBtifieatioR te prsflerty ov.ners snail fle mailea Bj eertified mail, return reeeipt reEJl:1estea, Elf by fassimile, Elf 8) e mail, Elf BY RBwsflaper p1:l131ieatien, in s1:IBstaRtiall) thB fella'.:iRg farm. TO: ,\DDP.E~~: PROPERTY: Ye1:i, as the e ..Rer effeeora srthe flrafleFtj al38.f E1eseriBea. UflSH v.Hieh Ce88nl:lt flalm trees are lesates, are Heres:;, Rotifiea that pursueRt ta Collier CeuRt) OrdiRaRse l>Je. 89 89, as amefld~d. the-Jltib.Hc Sen i€e.' .^.dmiFlistnitor Of aesigFH;!e ett--4he tic) (:Jf , 2900, has uet~fiHiflea that a threat to JlrflJ3ert) eJ,ists HJ3Bfl sueA J9FBJger:tj eauseEl B) the eJdsteHee sf Ce6ermt flalm.s suseefltible t8 seing infeetea ,'.ith tHe Lethal );'elI8",ing liIisease. YOU .\RE HEREBY ~IOTlnED lflat )'8H IT}H"t ."ale this tkroat te pH"I;. prep8rt) VI itein teA (10) aays 13) ha'. iHg saiEl CeSsBut pain'! ef palms rem8\'ed aRd disfl8seEl sf at the C8Uflt~ Landfill. Failing iR 'I.ieh, the Beare of CeuBt)' CorHIHlssieners Elf Callier C8untj' \\ill ha' e it dOfle--afld the east thereof .,ill he le','ied as an asseSSfHeRt again~t .;uen flFoperty, (8) If infcetea trees he'. eRst Been Femo, ea l:Jj owner within ten (10) da) s 8f REltiFieatisR. the COHFltj' shall furthv'ith abate tlie l'luisanse BREI seall, tlireubA its emp18)ees, senants, agents or eSAH'aetefs, Be a1:ltRsFizea ta enter Ufl8R the flrsJ'leFty aHa tah stefl5 as are feas8Raelj' reE)l:iirea to ef.feet abatemem. SECTIOl>f FOL''RTCEN: .'\ssessmeRt For :\satiRg ~Jl:liSaRee~ fal .~.f'ter aBateA'leRt srtlle Rl:\isaFlSe e:;, the CeuFltj, the East thereefts tae Cr:Hmtj' as t8 eaeh pareel SHall Be ealeulatea and refl8Fted ta the Boara OfC81:Ultj CElfflmissi8neFs, ThereliJ38R, tRe Beara efCBttntj' Cemm.issisRers, BY ressleti8Fl, saaH assess tRe esst agaiast SHea parseL SHeR Fesell:ltisR SHall deseriee tHe hiRS aRd sHav: the 80St ef ae8temeRt, iRsladiAg adm.iIlistrath e eests sst-lially iR8aFI'es13y the CeHRt)' \\ith resJ'leet therets. El:Jeh assessments shall se legal, valid. BRei BiRding aBligatiBRS HflsR tHe J3FsJ3eFtj against \.hieh made, I:JAtil j3aid. The assessmeat SHall bessffie a1:le ana payable tRiFtj' (39) says after Feeeiflt sf aR) ? fitteH farm sf BetHal Retiee of assessm0flt, ar l38s1iRg sHeR Astiee 88 tlie flFeJ3ert), after ..hieh iflterest shall aeerns at tHe rate af t\.elve flerE'eRt (12%) fleF aRAHffi SA lill.~ I:iAflaid j3srtioH taereef. 8 Words underlined are additions, words strl::lel; thrsugh are deletions. /\;';2:-103 Item ~'Jo. 17C . I\prii 22. 2008 (B) THe elerL sHall mail a f1Btiee 1(;1 the reeord oWfler or oV.f1ers ofeaeh ofsala pareels oflaFlr;!:age 25 of 29 des€rihecl in '.he resolutioFl., at the last El\ aila131e adsl'ess fer sl:Ieh B'v\ner or B\fflerS, '""hieR Rstiee may be iR sl:18staRtiall~' the f-elle "iRg farm: ~'OTICr: TO: ADDRe~~: PROPERTY: YOl:l, as the reeerd O\\fler uf the propeR) 880 e aeseribed are here~:. advisee 110Jat Collier COl:lllt), noriaa, rdiJ,-ffit-the liB) of , 1<;' ::!QOQ, llr.Jer--t-~ abatemeRt af a eertain F1UiSBRee ~);i5tiRg on the aRB. e proJ3ert~, ::;eAEiiflg YOl' Flotice thereof, such l1uisanee being Ceesm:lt flair'll tree(s) reE]Hiring; ineeulation H.E;ainst the lethal) e1ILl .. iAb disei:ce. ,^. t:8P) of sueh notice has ReeA hel'eteffll"l:'J ~;ent )01:1. YOl1 f,aileEl t8 al:late sueh nuisaRee; \'-herel:lpal1, il--was abates by Collier COl:lFlty at a cas! of ~ Sw;;h east, BY resolution of tl.e Board of COl::l.nt) Commissioners sf Cellier Ceunty, Floriaa, has been assessed against the a\:1o\ e propert) on , 20QO, and shall become a lien OR the flroperty thirt) (30) aa)s after sueh assessment. YOl;! me) rellliest a hearing l:Iefere a Ceae ERfereerRt:!I'it Beard to show cause, if an)', v.hi' the i::qHms~s and charges inGurred B) the COURt) under tl1i:;---G-ffii-tTttnee are e)~eessi\'L~ or l:l.11'M:lrrallted, or '\11) suc41 e::pel'lses snolJld not t:L nstitlolte a lien tiJ:;aiRst the J3r8J3ert~. gaid reEjuest for hearing snail be made to the Clerk 8f the Board sf Count) Cemmissieners, in -Yl-'-fitffig,-wi-tffitHhirt) (30) da:.s frOA-: the date ofa;;sessmellt. (c) If the on'Fler fails to J3a~ sl:Ieh assessment witain thirt) ()g) days after said asseSSffieRt Ras BeeR made, tHe Baara efesHnt:,' COR.missioners shall eause a eeftif1ed eeJ3~ afthe assessment reselutisl'l to he filed in the office aftRe Clerl~ OfCSHFlS iR aRd for Callier CeuAt), rJeriEta; and the assessment shall eSflstitute a lien agaiR5t thE! J3roJ3erty as of the aate sf filing SHeft eOJ3)' ,vith tHe Clerk efCeHITS aRB Jlall be eelleetible in the saFRe mal'lFIer as lieRs faf Ren J3aymeRt ef proflerty taJ(es. (d) Col1eetioR Elf sHeh assessments, .\ ith iAterest [lAd a reas8A8l3le att8rRe~ 's fee, mB) else 'Rei made B) the BaarEl Bf COURt) C8ffimissioRers 13:, i3reeeeElings iR a eeuFl sf eEJliitj to fereelose the HeR on toe BsseS5meflt in the HHI:r.Rer in v,oiek 8 heR f-Sf FReFtgages is fBFeelesea 1:iBder tRE'! la."s Elf fIeriea; BRd. it shall Be lawful te jein in RBY eORiJ3iaiRt fer fOl'eeiesure sf aRe er mere lets er f38Feels of laflB, B:" v'heme' er e\','fiea, if assessee HRser the pre)". isioRS ortms SeetiGn. TRe J3I'BJ3eFty subjeet to lief! me) be redeemea I:I..t an) tiffie J3rierto sale 13) the e..RerB) J3aying the \etal BFR81:lnt due uncler said lil::n, iFldHEtiRg interest, e8HR eost3, 8.1:h-ertising e8sts 811Et reasonable /:lUOrRe:, 's fees. RCTIO'!' J FIFTEfJ 1: Right to I1earing OR .^~ssessment. (a) \FithiR thirt) (39) aa:,"s aftHe aate ofassessmeRt, an) O\\Rer shall have tl1e right ts reqblest a hearing 13efore a Cmle EnfereemeAt RoarEt t8 SAA'" eawe, ifRn:, "_ ~:: ~!::; ::,::r';":::;~::: ~f:"! 9 Words underlined are additions, words strt:lel- tlmmgh are deletions. Agen.ja Item r"o, 17C ", April 22, 2008 6J:i.srges iasl:lFrea l>Jj' Callier COURt:,' \:IRaer tillS On:ha8nee are elLeeSi:il':e af HH"\arnmtea af why Page 26 of 29 51:l6R Bl:fl8Rses SReats. Rst 6sRstit\:lte a tieR agaiAst said flFflJH!!RY; RBV:€!.. ar, REltning eSFltaiaed in tHis SeetisR is Ie Be eSRstmea t13 dishire af fleFfflit a Fe, ie 1\ Clfthe aetermiRatisR BY the Beard Elf tRe ell.isteRee ofthl!' j3\:l13lie Rl:lisBflee !JABer tHis OrdinBnee. f"J, Pl:Islie neariRgs liRaer this Ordinanee SHall Be kelel B) tRe Ceel!' 5RfareemeRt Beard HfJ8R ",TitteR Bflpli",atieR fer Rearing maae te the Csae 5RH3reemeRt De]3BrtFflt'lflt ""Itkin 18ift) (30) says after aate sf 8ssessmeRt aeseribed 8138\ e; aHa 8ft aflf'llieatisR fer hearil'lg, fJTsflerl) filed, shall stay tAt:!! reeereling aftRe assessmeflt URiiI a heariRg Ras BeeR hela aReI a deeisieR reAserea by that Bearel, (el If after saia hearing tl=l8t Beard aetermiRes tfiat tHe assessmeRt is fair, reasonable aRa 'yarrantea, t-fie assessment reselutisR .",ill13e reearel.eel. fartRv:ith, If the Bearel. el.eteFffiiRes that tae eherges are ensessive aT 1dFl",'arrantea, it SHall direet that tfie eharges be feeOffi)3utea sr eliFFliflate thel'A altagether, as 1:Re e, ir:teBse V,BFf8nts, SECTION SIXTBE}!: Sm i.. .nre.i... (8) The requiremeRt efnstiee under the pr8visisas efthis OrdiRaAse shall be met if sl:leR Reties is mailed by registered sr eeFtified mail, retl:lFfl feeeipt reEjl:iesteel, t8 the W"Ref at the aaaress iRElieatea 8H tHe resents efthe Cellier CauAt) Prsf'JeFt) ,^.)3f1raiser €If sueR let 8r J3areel of (aHa fer ae .. alarem tanatisn fHlTfJoses, af by faesimile, B) e mail, Sf b) Re l/s)3afler )3l=1slieatisA, ami shall be seemea serves wheA seRt. IIe....e\er, if the mailea Retief! is retumed to tHe postal ffi:ltheRties, tReR tRe sl::l9jeet Retiee BRanae asei:Juately gi'\eR ifaR)' farm ef'.\'flttefl ROliele is aetHell)' Feeei' sa by the 8Y/ner, or if~l:I\:Jlisheel BRse a '','eek for t. e eOAseeuti\'e .,~el~s iR a Re"spaper efgeAeml eirel;llatioR in Callier CSHflt) aAa a sap:. tRsreefis flosteSsFJ tHe pF8flerty iA Ej,Hesti8A. faill:ire sf SlieR e ',lieF t8 ressi:e slieH Ae....sfl8fler nstiee sr flBstea Hetiee SHall Ret be deemed t8 ~e a aefeRse ta aA)' lebal flrEleeediRgs imfllemeRteEl uRser tRis OFaiR8Flee. In aelditisR 18 the feregeiRg. iftaere is aR eesuflieElely:elliRg 88 sl:lsh let ar flaresl, a eap:.' eftRe Rsti€:E:l K4uireel B~' tRis OrelinBRee shall se ser:sa \i1"8R tRe 8eS1:l)38Rt sf said 81:lildiRg 8:' mail, ar )3erS8Ral ser.iee, aF by f3estiRg a ssp)' eftl.e Retiee in a e8ns)3ieHOl:lS )3laee 1:I)3aR the )3rspeFty. (1:1) IftRe mailiHg seleress efthe e\'"fU!!f is Ret Ime\:a, theR ser"iee ofnBties SR BAY eeSl:l)38at in J38ssessien shall Be suffieient. If the IflailiAg aadress eftAe 8 ,\'FleF is flet ];H8'?'" aaa the ~FefleFt:. is ~noe~H:lfliea, tJ:J.e fe~l;IiFerHeRt sf 91'1:" s~eh Retiee shall Bt!! met if sHeh Hetiee i.s p8sted em sueh let or flared, SECTION NINE SBVBHfI:EN: Penalties. 10 Words underlined are additions, words strl:lek thf81:lgh are deletions, (a) Ag;3nda Item No. 17C April 22, 2008 If any person fails or refuses to obey or comply with. or violate any of the provisions of Page 27 of 29 'nis Ordinance, such person, upon a finding of such violation, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) for each violation. Each violation or non-compliance may be considered a separate and distinct offense. Further, each day of continued violation or non-compliance may be considered as a separate ofTense. (b) 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. (c) Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means ofa Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. (d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent then allowed by law. SECTION TEN. INCLUSION IN THE CODE OF LA WS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: 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 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall become effective upon receipts of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 11 Words underlined are additions, words str~el; thrsl;:IgA are deletions. ,t.,genda item ~~o, 17e April 22, 2008 PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier Page 28 of 29 County, Florida, this .:1'1 day of Fi-1r..n ry ,2004. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA """.:111'."":.':""'10 ,"'..,t;.J.'B.A,:~.,(" " J~'''~ .en.... .i?\" ,..' fj" ~.. - .... -~'. '~ By: 4~A1~.~1I~ -rtf. ., ,~.~. Attes~il ~~,i~ ''''jii ~~Qnat~.1 ~hI11J. .J:a1,:.f'!.,I..../..i,~: Clio <-'I;,.' ,.".,. , , ;1 ,r~~~...'.......4't',.~.~~~...,. Approved'-.s.,.,:ibm""W.,'..,., " . '~';'_, 4)-'mmm~Q\.' .~. legal SUffiCleric.Y~;~,;,;I~. ~ By: ~~ d~ DONN FIALA, Chairman 161^^ p~ Thomas C. Palmer Assistant County Attorney This ordinance filed with the Secretory of State's Office the 2:I day of FE: P, ,a.DI2!L ond acknowledgement of that filing receIved this ~ day of..JY1nrrh ~ ByPyAinn ;lJ...n.:;/n fJl./ -<... 12 Words underlined arc additions, words strl:lel; thn:mgh are deletions. Agenda Item No. 17C ,L\'pril 22, 2003 ?age 29 of 29 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 and correct copy of: ORDINANCE 2004-11 Which was adopted by the Board of County Commissioners on the 24th day of February, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2004. DWIGHT E. BROCK Clerk of courts".,~~~~r?il!>I;,J3 Ex-officio to~~~~~~~~~~ County Commis'~WCl B-';':'....:i.~~. .~\~: ,,''\,,\,,'I,r":''':'Y,~' .';::. ~,i;-' ~:;~&. r~~~ . .\; ~\ ~ .-,:.,:',:'" ~"{'~,/:- ~<}.F By: Linda A:"-.1l!';'llJ;:zer,;";''C",' .,:.. ..."'T ~6....,..~ rf\\,)~,...... Deputy CI&t.)€C;;;j':)' 'S<;.;' ';}i~jUII t l;~"\"""'"