Ordinance 2020-005ORDINANCE NO.2020 - 0 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER
2019-01, AS AMENDED, THE STATE OF FLORIDA MODEL
FLOODPLAIN MANAGEMENT ORDINANCE AND, SPECIFICALLY
SECTION ELEVEN (11-B); "TEMPORARY EMERGENCY HOUSING",
AND AMENDING ORDINANCE 2006-35, AS AMENDED, THE POST -
DISASTER RECOVERY ORDINANCE, SPECIFICALLY SECTION
SEVEN (7-3.A); "DETERMINATION OF DAMAGE, BUILDBACK
POLICY, MORATORIA, EMERGENCY REPAIRS, AND EMERGENCY
PERMITTING SYSTEM" IN ORDER TO ALLOW ADDITIONAL TIME
EXTENSIONS FOR THE PLACEMENT OF TEMPORARY EMERGENCY
HOUSING; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND
ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
[PL20190001899]
WHEREAS, on July 25, 2006, the Board of County Commissioners (Board) adopted
Ordinance No. 2016-35, the Post -Disaster Recovery Ordinance, which provides for the expediting
of post -disaster recovery and rebuilding, including among other things the temporary use of
recreational vehicles for living purposes on property where a disaster has rendered the residence
uninhabitable; and
WHEREAS, on January 8, 2019, the Board adopted Ordinance No. 2019-01, the State of
Florida Model Floodplain Management Ordinance, which adopted to the extent possible the State
of Florida Model Floodplain Management Ordinance, and among other things allows for the
provision, by federal, state, or local agencies, of temporary housing on property where a disaster
has rendered the residence uninhabitable; and
WHEREAS, the Board wishes to amend these ordinances to allow additional time
extensions for the placement of temporary emergency housing after a disaster event.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
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SECTION ONE: AMENDMENT TO SECTION ELEVEN OF ORDINANCE NO.2019-01.
Section Eleven, Temporary Emergency Housing, of Ordinance No. 2019-01, is hereby
amended as follows:
Section 11: TEMPORARY EMERGENCY HOUSING.
* * * * * * * * * * *
B. Placement of Temporary Emergency Housing within the Flood Hazard Area. The Board
of County Commissioners or the County Manager or designee, in coordination with the
Floodplain Administrator, may allow for post -disaster emergency temporary manufactured
homes, recreational vehicles or similar resources provided by federal, state, and local
agencies within the flood hazard areas for a period of six months pursuant to subsection F
below. This period may be extended by the Board taking the extent and severity f the
disaster- ii4o aeeo nt Additional six-month extensions for temporary emergency housing
may be administratively approved by the County Manager or designee, when:
1 A homeowner has an active building permit and additional time is necessary
for an issuance of the certificate of occupancy
2. Any delay in construction activity has not been caused by action of the
homeowner and is the result of an uncontrollable event such as unavailable
construction materials subcontractors, or essential services.
* * * * * * * * * * *
SECTION TWO: AMENDMENT TO SECTION SEVEN OF ORDINANCE NO.2006-35.
Section Seven, Determination of damage, buildback policy, moratoria, emergency repairs,
and emergency permitting system, of Ordinance No. 2006-35, is hereby amended as follows:
SECTION SEVEN: DETERMINATION OF DAMAGE, BUILDBACK POLICY,
MORATORIA, EMERGENCY REPAIRS, AND EMERGENCY PERMITTING SYSTEM.
* * * * * * * * * * *
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3. To expedite recovery efforts and repair to damaged structures, the Emergency Review
Board is further authorized to:
a. Allow the temporary use of recreational vehicles for living purposes on property
where damage has rendered the principal residence uninhabitable for a period of
six months after the disaster event. This period may be extended by the hoard taking
Additional six-month
extensions for the temporary use of recreational vehicles may be administratively
approved by the County Manager or designee, when:
1) A homeowner has an active building permit and additional time is necessary
for an issuance of the certificate of occupancy; and
2) Any delay in construction activity has not been caused by action of the
homeowner and is the result of an uncontrollable event such as unavailable
construction materials subcontractors, or essential services.
* * * * * * * * * * *
SECTION THREE: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
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G
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of jW , 2020.
ATTEST:
CRYSTAL K. KINZEL, Clerk
By:
c
e>? ._ lerk
L
Approved sbw,forrif and legality:
Sal y shkar, Assistant County Attorney
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PL20190001899
BOARD OF COKNTY COMMISSIONERS
COLLIER,C TY, FL DA
By:
Wi iam L. McDaniel, Jr., Chairman
This crd;ncn_A feed m4t'1 the
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and ocknolHlc,,-.;9..,—,—"t��,.z ,
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0
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
January 21, 2020
Ms. Ann Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite #401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-05, which was filed in this office on January 21,
2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us