Ordinance 2009-08
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$- AN: ORDINANCE OF THE BOARD OF COUNTY
v~ MISSIONERS OF COLLIER COUNTY, FLORIDA
$'[t>[E.'L~L""O ENDING ORDINANCE NUMBER 05-44, WHICH REGULATES
AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN
THE UNINCORPORATED AREA OF COLLIER COUNTY, BY
PROVIDING FOR AMENDMENTS TO THE FOLLOWING
SECTIONS: PURPOSE AND INTENT; DEFINITIONS; LITTER
DECLARED TO BE A PUBLIC NUISANCE; DECLARATION OF
PUBLIC NUISANCE; EXEMPTIONS; NOTICE OF VIOLATION;
ASSESSMENT FOR ABATING NUISANCE; ASSESSMENT
RIGHT TO HEARINGS ON DECLARATION OF PUBLIC
NUISANCE AND ASSESSMENT; ENFORCEMENT
PROCEDURES; IMMEDIATE CORRECTIVE ACTION;
PROCEDURES FOR MANDATORY LOT MOWING PROGRAM;
PENALTIES; AND FURTHER PROVIDING FOR A CONFLICT
AND SEVERABILITY SECTION; AN INCLUSION IN THE CODE
OF LAWS AND ORDINANCES SECTION; AND AN EFFECTIVE
DATE SECTION.
WHEREAS, Chapter 125, Florida Statutes, 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 enforcement zoning regulations necessary for the protection
of the public; and
WHEREAS, at the February 3,2009, Board of County Commission meeting, the
Board directed that certain amendments be made to Ordinance Number 05-44,
specifically removing the requirement that proposed liens in nuisance abatement cases be
brought to it for approval by resolution before the actual hearing on and imposition of
such liens by the Special Magistrate in order to "streamline" the nuisance abatement
process and to include provisions requiring mowing around primary residences but
exempting non-residential lots within the Estates from the mowing requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: "_ ~;"
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AMENDMENTS TO PURPOSE AND INTENT SECTION
Section One, "Purpose and Intent," of Ordinance Number 05-44 IS hereby
amended to read as follows:
SECTION ONE: Purpose and Intent
+he oode This Ordinance is hereby considered to be remedial and shall be
construed and interpreted to secure the public safety, health and general welfare through
clean and sanitary property, free from wind-blown debris and materials.
I. 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.
2. The accumulation of weeds, grass, or Exotics 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.
AMENDMENTS TO DEFINITIONS SECTION
Section Four, "Definitions," of Ordinance Number 05-44 is hereby amended to
read as follows:
SECTION FOUR: Definitions
When used in this betIe Ordinance, the following words, phrases or terms shall
have the following meanings, unless the content clearly indicates otherwise:
1. ABANDONED PROPERTY - Aany wrecked, inoperative, 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 articles.
2. ABATE - lto mow a Mowable Lot to a height of less than six (6)
inches, or to remove Exotic Plants to a height of equal to surrounding natural
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elevation and to poison any stumps, if remaining, with an EP A approved
herbicide containing a visual tracer dye; or to remove Litter; or to remove
Abandoned Property, in accordance with this Ordinance. Mulching of Exotic
Plants is allowed as long as the mulching occurs in an Enclosed Container, and is
removed from the site.
3. CONSTRUCTION AND DEMOLOTION DEBRlS- meaH5
DEliscarded materials generally considered to be not water soluble and non-
hazardous in nature, including but not limited to steel, glass, brick, concrete,
asphalt material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, including such debris from construction of structures
at a site remote from the construction or demolition project site. The term includes
rocks, soils, tree remains, trees, and other vegetative matter which normally
results from land clearing or land development operations for a construction
project; clean cardboard, paper, plastic, wood, and metal scraps from a
construction project; effective January I, 1997, except as provided in Section
403. 70 7(12) (j), FS., unpainted, non-treated wood scraps from facilities
manufacturing materials used for construction of structures or their components
and unpainted, non-treated wood pallets provided the wood scraps and pallets are
separated from other solid waste where generated and the generator of such wood
scraps or pallets implements reasonable practices of the generating industry to
minimize the commingling of wood scraps or pallets with other solid waste; and
de minimis amounts of other non-hazardous wastes that are generated at
construction or demolition projects, provided such amounts are consistent with
best management practices of the construction and demolition industries. Mixing
of construction and demolition debris with other types of solid waste will cause it
to be classified as other than construction and demolition debris.
4. EXOTICS OR EXOTICS PLANTS- Australian pine (Casuarina, all
species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius),
downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia
auriculiformis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck),
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catclaw mimose (Mimosa pigra), and any prohibited exotic species that may be
added to County Ordinance No. 04-41, as amended, (Section 3.05.08, Collier
County Land Development Code).
5. ENCLOSED CONTAINER- Aany container having a physical
structure which prevents materials from falling out, spilling, blowing out by wind
action, or coming out by other accidental means during transport or on-site
storage, and shall include, but not be limited to, garbage cans, truck bodies
capable of being enclosed for transit purposes only, roll-off containers, and any
other container sufficient to prevent the accidental scattering or leaking of said
materials on surrounding properties and on public roads. A dumpster enclosure is
not an enclosed container.
6. IMPROVED PROPERTY- RFeal property that contains buildings,
streets (or paved areas) or other structural improvements.
7. INERT WASTE MATERIALS- ~brick, block, concrete, rock, stone,
earth and sand, free from contamination or other types of waste, free from
protruding rebar and/or other metals, and capable of serving as fill material
without harm to, or pollution of, ground or surface waters.
8. LITTER- Aany discarded, used, or unconsumed substances or wastes.
Litter shall include, but shall not be limited to, garbage, trash, refuse, debris,
paper product (including newspapers and magazines), glass, metal, plastic or
other containers, cloth, wood and wood products, sweepings, liquids (other 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,
hazardous wastes (including gasoline, paint thinners and other similar types), the
carcass of a dead animal, any obnoxious or offensive matter 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. Litter shall not include
horticultural wastes, such as palm fronds. that have accumulated on public or
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private property as the result of natural conditions. Natural conditions means
accumulation that occurs as a result of an increase by natural growth rather than
man-made.
9. MOWABLE LOT-
a. Any portion, piece, division, or parcel of land in any Recorded or
Unrecorded Subdivision of this County, of which fifty percent
(50%) or more of unimproved property, can be mowed with
bushhog-type or smaller mowing equipment, without damage to
the lot or equipment. For purposes of determining lot size, rights-
of-way, alleys, and all easements shall be included in the
calculation of the Mowable Lot; or
b. Any portion of Improved Property, which can be mowed with
bushhog-type, or smaller, mowing equipment without damage to
the lot or equipment.
10. PROHIBITED ACCUMULATION OF EXOTICS- Aany
accumulation of Exotics, which is located on improved or unimproved property.
II. RECORDED SUBDIVISION- 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 Clerk of Courts of Collier County.
12. RECEPTACLE- A container made of material that will protect the
property and environment from leakage, spillage and overflow of any type of
litter, waste, or debris. A dumpster enclosure is not a receptacle.
13. STORAGE OF LITTER- Ithe 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.
14. UNAUTHORIZED ACCUMULATION OF LITTER- Ithe
accumulation of litter in or upon any public or private property or body of water,
which is not contained within proper containers or receptacle~ provided for
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control of Litter, or is not otherwise permitted or authorized, by any other Collier
County Ordinance. This term shall not include building materials used in
construction or repair of a building or structure which materials are properly
stored at the site of such activity, so long as:
a. the subject building is being constructed, remodeled, repaired, or
demolished under the authority of an active, valid Collier County
building permit and for which the materials are to be used; and
b. the building materials are secured during construction, remodel,
repair, or building demolition, to prevent the material from falling
out, spilling, blowing out by wind action, or coming out by other
accidental means so that it trespasses on adjacent properties, or
creates a negative visual impact to surrounding properties.
Unauthorized accumulation 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 right-of-way if such materials are placed upon a right-of-way
earlier than six (6) p.m.ofthe night prior to the regularly scheduled pickup for that
location by the County solid waste collection contractor, or allowing said
accumulation, or container to remain adjacent to the public right-of-way after six
(6) p.m of the day of the scheduled pickup.
15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR
SIMILAR NON-PROTECTED OVERGROWTH- Aany accumulation of
weeds, grass or similar non-protected overgrowth if any part of such accumulation
is in excess of eighteen (18) inches in height and located on a Mowable Lot, in
any Recorded or Unrecorded subdivision of Collier County.
16. UNRECORDED SUBDIVISION- Aany land which for the purpose
of sale or transfer has been subdivided for the purpose of sale or transfer, 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.
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17. WRITTEN CORRECTIVE NOTICE- Aa written statement issued
to the violator or his/her agent identifying and which states the violation, date of
the violation, location of the violation, the corrective measures required to be
taken, and the date by which the corrective measures are to be completed.
AMENDMENTS TO LITTER DECLARED TO BE A PUBLIC NUISANCE
SECTION
Section Five, "Litter Declared to be A Public Nuisance," of Ordinance Number 05-44
is hereby amended to read as follows:
SECTION FIVE:
Litter Declared to be a Public Nuisance
The Unauthorized Accumulation of Litter or improper Storage of Litter or improper
dumping of Abandoned Property or Litter as described in Sections SiJ(, Seven, Eight,
Nine or Ten this Ordinance, in or upon public or private property, is hereby declared to
be a public nuisance.
AMENDMENTS TO DECLARATION OF PUBLIC NUISANCE SECTION
Section Eleven, "Declaration of Public Nuisance," of Ordinance Number 05-44 is
hereby amended to read as follows:
SECTION ELEVEN:
Declaration of Public Nuisance
I. 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 Mowable Lot, and which lot has been
specifically described by legal description and which condition has been
determined by the County fAministFator Manager or his designee to be a public
nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be
expected to become, 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 adjacent or surrounding property.
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2. In the area zoned Estates, the accumulation of weeds. grass. or other similar non-
protected overgrowth in excess of eighteen (18) inches in height is hereby
prohibited and declared a public nuisance when located upon any improved lot
within 30 feet of any residential structure UP to any lot line. Such improved
mowable lots may reasonably be deemed to become fire hazards.
:;h 3. The accumulation of Exotics, weeds, grass, or other similar non-protected
overgrowth is hereby prohibited and declared to be a public nuisance when located
upon any unimproved property in this County, which condition is adjacent to a
private or public right-of-way and is not within a Recorded or uUrecorded
Subdivision. However, the requirements for abatement of the public nUisance as
described in Sectien Thirteen this Ordinance 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 private or public right(s)-of-way.
:;, 4. The accumulation of Exotics is hereby prohibited and declared to be a public
nuisance when located upon any unimproved property in Collier County when the
Exotics are located within a two hundred (200) foot radius of any improved property
located in a Recorded or uUnrecorded sS.ubdivision. However, the requirements for
abatement of the public nuisance as described in Sectien Thirteen this Ordinance
shall only apply to that portion of the unimproved property where the Exotics exist
within a two hundred (200) foot radius of any abutting, improved property.
Furthermore, the requirements for abatement of the public nuisance as described in
Sectisn Thirteen this Ordinance shall only apply when the County receiveEl~ a
complaint.
4, ~ The accumulation of Exotics, 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 such condition is located on any unimproved
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 criminal acts against passers-by and the citizells ef Cellier Csunty
public and is likely to continue to aid in the concealment or commission of future
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criminal acts if such accumulation is not abated. A report from the Collier County
Sheriffs Office identifying such unimproved property, which was allegedly utilized
by any person to conceal or facilitate the commission of criminal acts against passers-
by or the citizens ef Cellier Ceunty public shall constitute sufficient evidence.
However, the requirements for abatement of the public nuisance as described in
Sectien Thirteen this Ordinance shall only apply to that portion of the unimproved
property where the accumulation exists within a five hundred (500) foot radius of
Improved Property.
~ 6. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on
improved property within Recorded or Unrecorded Subdivisions are prohibited and
declared to be a public nuisance.
e, L The accumulation of weeds, grass or 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 unimproved property in the-unincorporated
Collier County, which is not within a Recorded or Uunrecorded Subdivision, when
the weeds, grass or similar growth are located within one hundred (100) feet of the
property line or lines of Recorded or Uunrecorded Subdivision(s).
AMENDMENTS TO EXEMPTIONS SECTION
Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to
read as follows:
SECTION TWELVE: Exemptions
1. The area zoned Estates shall be exempt from the weed and Exotic plant public
nuisance declarations provided in Sectien Eleven. this Ordinance. except for the
accumulation of weeds, grass or similar non-protected overgrowth in excess of
eighteen (I8) inches in height located upon any improved lot within thirty (30)
feet of any residential structure up to anv lot line.
~. Properties that are unimproved and that are located within an area with an Estates
zoning designation shall be exempt from the weed public nuisance declarations
provided in Sectien Eleven. this Ordinance.
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1. Non-residential structures located on improved properties with an Estates zoning
designation shall be exempt from the thirty (30) foot mowing requirements of this
Ordinance.
;!- 4. Accumulations of protected vegetation such as coastal strands, scrub, tropical
hammocks, dune vegetation and property officially declared "protected" by any
federal, state or local ordinance (such as wetlands), are hereby exempted from
being considered public nuisance~ declaratiens under pllfG\lant te Sectisn Eleven.
this Ordinance.
:;, ~ The lands zoned Agricultural that are located outside of the Urban Boundary as
described in on the Collier County Future Land Use Map shall be exempt from
the weed and Exotic plant public nuisance declarations pfElvideEi in Sectien
Eleven. this Ordinance.
4, 6. All lands zoned agricultural that are not being used for an essential service as
defined in the Collier County Land Development Code and/or a bona fide
agricultural use shall be exempt from the weed and Exotic plant public nuisance
declarations provided in SsstieH Eleven. this Ordinance.
7. Horticultural waste, such as palm fronds, that have accumulated on public or
private property as the result of natural conditions shall be exempt from the
enforcement provisions of this Ordinance. Natural conditions is defined as an
accumulation that occurs as a result of an increase bv natural means rather than
man-made.
AMENDMENTS TO NOTICE OF VIOLATION SECTION
Section Thirteen, "Notice of Violation," of Ordinance 05-44 is hereby amended to
read as follows:
SECTION THIRTEEN:
Notice of violation.
1. Annual published notice. Annually, Ihe County Manager, or his designee(s) will
publish, or cause to be published, a public Notice, in substantially the following form, which
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details the abatement procedures for violations described in SeetieR Eleven ef this Ordinance.
This Notice will be published in a newspaper of general circulation for a minimum of four
Sundays beginning with the first Sunday in January of each year, and on every other Sunday
thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMENT
OF COLLIER COUNTY, FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE
2005-
SeebeR BIeveR, The Collier County Litter, Weed and Exotics Control Ordinance requires that all
owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds
over 18 inches by mowing. All lots with such vegetation over 18 inches in height will be
identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct
may, at the County's option, be mailed to the property owner(s) or posted on the lot. If posted, a
copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail
E., Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Immokalee FL, 34142, as
applicable.
A posted notice may, at the option of the County, be used in lieu of mailing individual letters to
property owners. After ten (10) days from the date ofpos!ing or mailing, ifno action is taken, the
County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A
bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of
one hundred dollars {$100.00). Additional charges can be assessed for oversized lots or extremely
overgrown lots. Repeat violators may be subject to additional fees or charges, or after three
violations may be included in a mandatory lot mowing program instituted by the County.
The owner must remit payment for the amounts billed within twenty (20) days from the mailing
of the County's invoice. If the invoiced bill is not paid within this twenty-day period a
Determination Order assessing a lien will be imposed by the Special MaslefMagistrate. If
certified and recorded, this eQrder may constitute a lien on ALL of the violator's real and
personal property in Collier County. This lien may be paid without further costs, within twenty
(20) days from the date of determination by the Special MaslefMagistrate for Collier County. If
the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier
County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes.
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All property owners are requested to make arrangements for the proper maintenance of their land
as the practice of sending mailed Notices of Violation to owners, in particular absentee owners,
will be at the option of the County. The cooperation of all affected property owners will assist in
reducing the large number of complaints about such nuisances received each year by the Code
Enforcement Department. Compliance with this requirement will also help to control vermin and
improve the appearance of the affected areas of the unincorporated County.
Any questions regarding these procedures can be addressed to the Code Enforcement
Department. Phone number (239) 4G,; 252-2440; located at 2800 North Horseshoe Drive, Naples,
FL 34104.
a. Annual publication of this Notice is intended to provide continuing constructive
notice to all affected property owners in Collier County of the procedures for
abatement of the specified violations, and of the consequences of failing to
timely abate cited violations.
b. Failure of the county to timely, or fully, publish the Annual Notice will not be a
grounds for challenging any enforcement action brought under this article.
2. Whenever the County Manager or his designee determines that a public nuisance
exists as described in seotions Piye, Eight, Ten, aHa Eleven sf this Ordinance, he will cause one
or more of the following forms of notice of violation to be provided to the record owner or
owners of said property informing the owner(s) of said property of the existence of the nuisance
and the corresponding violations( s). The form and manner of the notice provided will be
determined by the Director of Code Enforcement and will depend on the number of violations
ei-teEl issued to a particular property owner( s), the number of and frequency of any prior violations
at the property owned by the violator(s), the timeliness of any prior abatement(s) of similar
violation( s), the existence of other code violations, and of any previously satisfied, foreclosed, or
outstanding code enforcement liens. As a general rule, certified mail, retum receipt requested,
should be provided to all first time violators as set forth in the corresponding procedures below.
Posted notices are generally considered appropriate for repeat violations at the same location or
for the same violator(s) especially when there is a pattern of certified mail sent to property owners
who are not Collier County residents being returned unclaimed or being refused.
a. A Notice of Violation may be served on a violator. i.e., the record owner(s) of the
cited property, either by:
1. Certified mail, return receipt requested, notifYing the record owner(s) of
the cited violations via a Notice in substantially the following form:
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Code Enforcement Department
Notice of Violation and Order to Correct
To:
Date:
Ordinance:
Violation/Case No.,
Property:
Folio#:
Dear Property Owner:
According to the official records of this County, you are the owner of the above described
property. As such, you are hereby notified that the Code Enforcement Director, on
[date] determined that a public nuisance exists on your property pursuant to
County Ordinance No. 2005- (as amended). caused by: [describe
violation]
You are further notified that you shall abate this nuisance within ten (10) days of the date
of this notice by [describe how to abate] . Failing this action on your part,
the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO
ABATE THE NmSANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST
YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of \IfHe
two hundred dollars ($200.00) and will be levied as an assessment against all of the property you
own.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING
YOUR OWNERSIDP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU
ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY
DOLLARS AND AN ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in
writing, for a hearing before the Special MastefMagistrate within fifteen (15) days from the date
of this notice of violation.
Or:
n. by posting a Notice in a substantially the following form in a clearly visible
location on the cited property, and at the Collier County Courthouse, or
lmmokalee Courthouse. The posted Notices must be in substantially the
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following form:
POSTED
Collier County Code Enforcement Department
Notice of Violation of Section of Ordinance 2005-
Order to Correct
(as amended), and
To: [Owner(s) of Record]
Date Posted:
Violation/Case No.
Property [Insert address where violation occurred]
Folio#:
As the official record owner(s) of the above-described property, you are hereby
notified that a public nuisance exists on this property as of [insert date] in the form of:
[describe violation] on the subject property.
You are further notified that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above-described property to
be: [mowed/exotics removed, or otherwise describe how to abate]
If the violation is not abated within the time required, the County may act to cause the
nuisance to be abated. FAILURE TO ABATE TIDS NUISANCE MAY RESULT IN
THE RECORDING OF A LIEN AGAINST THE LAND ON WIDCH THE
VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY YOU OWN IN COLLIER COUNTY. Such liens may include the
County's costs to abate the violation plus an administrative fee of lOj3-la two hundred
dollars ($200.00), all of which may be levied as an assessment against your property(s).
You may contest this Notice of ...Violation and determination of the existence of
a public nuisance by applying in writing, for a hearing before the Special
MastefMalristrate within fifteen (15) days from the date of posting this R!,-!otice of
...Yiolation.
b. If the same violator(s) receives three or more Notices of ...Yiolation of this
Ordinance during their ownership of any property in Collier County, even though
the violations may have been timely abated, a penalty of fifty ($50.00) dollars
will be charged for each notice received thereafter. An administrative fee of
GQne hundred ($100.00) dollars will also be assessed for each invoice processed
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for the payment of said penalty. In addition, all cited property(s), may at the
discretion of the County Manager or his designee, become subject to the county's
mandatory lot mowing program provisions in Seetien Niaeteefl. this Ordinance.
c. If the property owner or his agent has not abated the identified nuisance as
described in said notice within ten (J 0) days from the date of the H1'iotice of
"Yiolation, the County will A!!bate 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 A!!bate the nuisance.
However, the County Manager, in his discretion may extend the time allowed for
taking corrective action up to 180 days for natural disasters as determined by the
State or Federal government.
AMENDMENTS TO ASSESSMENT FOR ABATING NUISANCE SECTION
Section Fourteen, "Assessment for Abating Nuisance," of Ordinance 05-44 is hereby
amended to read as follows:
SECTION FOURTEEN: Assessment for Abating Nuisance.
1. After abatement by the County or its agent, the cost thereof to the County
as to each parcel shall be calculated and reported to the Collier County Manager or
his/her designee. An invoice shall be mailed to the property owner(s) for the cost of
abatement. The invoice shall also include an administrative fee of GQne-hundred
($100.00) dollars per parcel of property.
2. In the event the property owner abates the violation, but has received a
total of three notices of violation for separate violations during the property owners
ownership of the referenced property, the County shall mail an invoice to the property
owner including a penalty of Ffifty ($50.00) dollars per parcel, plus an administrative fee
of GQne Hhundred ($100.00) dollars for the repeat violation invoice. Each notice of
violation thereafter to the same property owner, shall be processed in the same manner.
3. If the invoice sent by the County Manager or his/her designee is not paid
at the expiration of the twenty (20) days of the date of the invoice, the Special Master
Page 15 of25
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Magistrate and may impose a lien against the property. The Special Master Magistrate,
by determination order, shall assess such cost against such parcel. Said determination
order shall:
a. describe the land and show the cost of abatement, and shall include the
initial administrative fee of GQne hundred ($100.00) dollars per parcel as
mentioned in paragraph I of this section, plus an additional administrative
fee of GQne hundred ($100.00) dollars for lien processing, or
b. describe the land and shall include the penalty and initial administrative
fee per parcel as mentioned in paragraph 2 of this section.
Such determination eOrder shall constitute a lien, which shall run with the property until
paid. The determination eOrder shall also specify that interest shall accrue on the unpaid
balance beginning on the date the reselutien Order is recorded at the rate of twelve (12)
percent per annum.
4 A cellY ef the Resellltien llflllroyea by tho Beard ef CellR!y
Cemmissieners will Be aCCemllllRied by a A legal notice of assessment of lien
s\lBstantially in the fullowillg feffil shall be sent to the property owner. This Notice shall
be substantially in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
[Insert Property Owner's Name and Address] DATE:
REF. INV.# FOLIO# LIEN NUMBER:
LEGAL DESCRIPTION:
You, as the owner of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code
Enforcement Director, did on [ date] , 20 , order the
abatement of a certain nuisance existing on the above property prohibited by Ordinance
;wI)4 2005- (as amended), and served a notice of violation upon you. The nuisance
Page 16 of25
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IS:
[describe the nuisance]
You failed to abate such nuisance, whereupon, it was abated by the expenditure of
public funds at a direct cost of $ , and an administrative cost of :J:two-
hundred ($200.00) dollars for a total of $ , [or, You abated the
nuisance but failed to pay the $ penalty imposed and caused the
County to incur an administrative cost of:J:!wo Hundred ($200.00) dollars. Such cost, by
determination order of a Special Master Magistrate for Collier County, Florida, will
become a lien on your property within twenty (20) days of determination by the Special
Master Magistrate when recorded. You may request a hearing before the Special Master
Magistrate to show cause, if any, why the expenses and charges incurred by the County
under County Ordinance No. 2005- (as amended), 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 Secretary to the Special MasterMagistrate, Collier County
Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writing
within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT
SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF
YOUR PROPERTY IN COLLIER COUNTY.
5. After the expiration of one year from the date of the 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 municipal special assessment liens, as set forth in Chapter 173,
Florida Statutes, which provisions are hereby incorporated herein in their entirety
to the same extent as if such provisions were set fer the forth herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens,
coequal with the lien for all state, county, district and municipal taxes, superior in
dignity to all other filed liens and claims, until paid as provided herein.
7. After recording of the Lien, the County Manager or his designee may accept
partial payment and recommend satisfaction of the Lien to the Board if he/she
Page 17 of25
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determines an error has been made based upon his/her judgment.
AMENDMENTS TO ASSESSMENT RIGHT TO HEARINGS ON
DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT SECTION
Section Fifteen, "Assessment Right to Hearings on Declaration of Public
Nuisance and Assessment," of Ordinance 05-44 is hereby amended to read as follows:
SECTION FIFTEEN: Assessment Right to Hearings on Declaration of Public
Nuisance and Assessment.
1. Any property owner receiving the aJ:':!otice of "Violation pursuant to SectioR
Thirteen this ordinance may contest this determination by filing an application for a hearing
before the Special Mastef Magistrate within fifteen (15) days from the date affixed on the aJ:':!otice
of "Yiolation, dependent upon the notice and type of proceeding.
2. Every owner of real property within unincorporated Collier County is required to
maintain such property in a manner so as not to violate the provisions of this ordinance, and such
owner remains liable for violations thereof regardless of any contract or agreement with any third
party regarding such property.
3. If, after said hearing, the Special Mastef Magistrate determines that the
assessment IS fair, reasonable, and warranted, the assessment determination order shall be
recorded forthwith. If the Special Mastef Magistrate determines that the charges are excessive or
unwarranted, it shall direct the County Administrate!" Manager to re-compute the charges and the
Special Mastef Magistrate shall hold a further hearing after notice to the owner upon the re-
computed charges.
AMENDMENTS TO ENFORCEMENT PROCEDURES SECTION
Former Section Sixteen, "Enforcement Procedures," of Ordinance 05-44 is hereby
amended to read as follows:
SECTION SIXTEEN: Enforcement Procedures.
Collier County Investigators af Ihe Callier CaliRI)' are hereby empowered to issue
Written Corrective Notices and/or notices to appear in County court, or before the Special Mastef
Page 18 of25
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Magistrate to any person violating the provisions of this Ordinance. All such notices issued, shall
be maintained by the issuing authority for public inspections, during normal office hours.
Written Corrective Notices issued by County Investigators acting pursuant to ef this
eQrdinance shall state the date observed, nature of the offense committed, corrective measures to
be taken and the date on or before which such corrections shall be made.
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.
AMENDMENTS TO IMMEDIATE CORRECTIVE ACTION SECTION
Section Seventeen, "Immediate Corrective Action," of Ordinance Number 05-44
is hereby amended to read as follows:
SECTION SEVENTEEN: Immediate Corrective Action.
In the event the County Manager, or his designee, determines or has reason to
believe that a violation including, but not limited to, accumulation of weeds or litter
presents a serious threat to the public health, safety or welfare of the public or that the
violation is of such a nature as to require immediate correction, the violator may be
required by notice to effectuate immediate corrective measures upon receipt of the notice.
The notice, substantially in the form set forth in Sectien Thirteen this Ordinance, shall
advise the owner that the County will remedy the hazardous condition as soon as
possible. To be effective, the notice shall be served upon the occupant if the property is
occupied or physically posted on the property and sent by certified mail to the owner as
his/her name appears on the records of the property appraiser.
AMENDMENTS TO PROCEDURES FOR MANDATORY LOT MOWING
PROGRAM SECTION
Section Nineteen, "Procedures for Mandatory Lot Mowing Program," of
Ordinance Number 05-44 is hereby amended to read as follows:
Page 19 of25
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SECTION NINETEEN Procedures for Mandatory Lot Mowing Program
1. Inclusion in mandatory lot mowing program. If a public nuisance IS
determined to exist three or more times after July 15, 2001, on a particular lot or parcel of
unimproved property while under the same ownership, then at the discretion of the
County Manager, or his designee, such property will be placed in the Mandatory Lot
Mowing Program, as set forth below.
2. Exemption from lot mowing program. Individual property owners of
record whose real property is included in the County's mandatory lot mowing program,
may request an exemption from inclusion in the program by submitting to the County
Manager, or his designee, a signed written agreement, acceptable to the County,
covenanting that the property owner will maintain the property so that the height of any
grass, weeds, or otherwise regulated vegetative matter will not constitute a public
nuisance or exceed eighteen inches in height. In addition, the property owner must
provide a letter of credit, contract agreement, escrow agreement, or some other surety
with a mowing company that is acceptable to the County. The surety provided may vary,
but must remain in effect throughout the property owner's ownership of the property(s).
The agreement must also include a provision of understanding by the owner that should
he/she fail to keep the contract agreement and ensure no violation to this oode Ordinance
exists on the property(s), the agreement approved by the County will become null and
void. In that event, the property owner would be provided written notice that the lot
mowing program exemption would be revoked by a date certain, and the property would
be placed in the Mandatory Lot Mowing Program, and not be entitled to any further
exemptions so long as the property is owned by the same property owner(s).
3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee.
will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot
Mowing Program. Invoice billing amounts will include actual costs incurred for mowing,
plus an administrative fee. The invoice will be mailed to the address listed with the
Collier County Property Appraiser's Office as the tax roll address of record. Notice to
owner(s) of account balance requirements are is! accomplished in this Section, and receipt
Page 20 of25
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of the invoice will not defeat this personal service, nor bar the County from proceeding
with enforcement, creating lawful liens, and performing the necessary abatement under
this eOrdinance.
4. Failure to comply with payment of a Mandatory Lot Mowing invoice, as
set forth in Subsection (3) above, will constitute a violation te of this Ordinance. If, after
thirty (30} days of mailing, the invoice has not been paid, the County Manager, or his
designee, will proceed with enforcement procedures to file a lien. The Legal Notice of
Assessment of Lien will be submitted to the Special Master Magistrate who shall impose
a lien against the property. The Special Master Magistrate shall assess all applicable costs
and fees against such parcel and all other properties owned by the violator in Collier
County. Said action shall: A) describe the land that has been included in the Mandatory
Lot Mowing Program and show the cost of abatement, which shall include the initial
administrative expense of one hundred ($100.00) dollars plus one hundred ($100.00)
dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien
on all personal and real property located in Collier County, which runs with the owner's
real property until paid. The action will also specify that interest will accrue on the
unpaid balance beginning on the date the resel\ltien order of the Special Magistrate is
recorded at the statutory interest rate per annum.
5. Legal notice of assessment of lien. The Legal Notice of Assessment of
Lien will substantially be in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
TO: [Insert Property Owner's Name and Address]
REFERENCE INVOICE#: VIOLATION FOLIO #:
VIOLATION LEGAL DESCRIPTION:
DATE:
You, as the owner of the property above-described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the Code
Page 21 of25
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Enforcement Director, did determine a public nuisance existed and constituted a violation
of county regulation on , 200 , and ordered the abatement of certain
nuisance existing on the above property prohibited by Ordinance No. 2005- , as
amended, and served a notice of violation upon you. The nuisance is: [describe
the nuisance]
You have failed to timely abate such nuisance: whereupon, it was abated by the
expenditure of public funds at a direct cost of $ .00 and an administrative cost of
$ .00 for a total of $
Such costs, by order of the Special Master Magistrate, will become a lien on your
property when recorded. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED
IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR
PROPERTY IN COLLIER COUNTY.
Upon aeterminatien issuance of an order by the Special Master Magistrate, the Secretary
to the Special Master Magistrate will immediately mail a copy of each approved eOrder
and Notice Assessment of Lien via regular U.S. mail. If full payment for the assessed
amount, is not made by the property owner within twenty (20) days from the date of
signature of the determination order by the Special Master Magistrate, then the Secretary
to the Special Master Magistrate will automatically and without further direction record
both the Order and Notice of Assessment of Lien in the public records of Collier County.
Recording said determination order will act to impose a lien on the violator's property.
6. Limitation on time to contest levy imposition of lien. Any person
aggrieved by the actien ef the beara imposition of the lien must commence an action in
circuit court within thirty (30) days from the date the order is rendered. Unless such
action is begun within this thirty (30) day period, all objections of that person to the
imposition of the lien will be deemed to have been waived.
7. Prepayment and recording of lien. For a period of twenty (20) days after
the date of the order of the Special Maater Magistrate le'i)'ing imposing the delinquent
lot-mowing lien, the lien may be paid without additional interest. Properties, for which
payments are received or postmarked within twenty (20) days from the date the order is
Page 22 of25
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signed, will stay the recording of the lien. If, after expiration of the prepayment period
pa)'llIeHt expires aRd said payment is not received, A !! certified copy of the order will be
recorded in the eOffice of the Clerk of the Circuit Court in Collier County.
8. Release of lien. Owners who have paid the delinquent lien in full after the
recording of the lien are entitled to a release and satisfaction of lien from the County. The
recording of the release and satisfaction of lien and any charges therefore are the
responsibility of the property owner.
9. Foreclosure. Liens associated with this Section may be foreclosed in the
same manner as liens for property taxes or special assessments. In the event the County
prevails, owners of property( s) against whom a foreclosure action is commenced will be
liable for all fees, costs and expenses incurred by the County or its agents, including
reasonable attorney's fees and the same may be assessed as a cost in the foreclosure
action.
10. Validity of liens not affected by irregularities. Any informality or
irregularity in the proceedings to impose a lien for delinquent lot mowing fees will not
affect the validity of the same after the order le'/ying imposing the lien has been as
adopted, and no deviation from the procedures prescribed above will affect the validity of
the lien unless it can be clearly shown that the party objecting was materially injured
thereby.
II. Alternate methods of collection permitted. Nothing herein prohibits the
County from utilizing other means to collect delinquent lot mowing fees including, but
not limited to, an action for damages filed in the appropriate court in Collier County,
Florida.
AMENDMENTS TO PENAL TIES SECTION
Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as
follows:
Page 23 of25
Words struck threligh are deleted and words underlined are added.
SECTION TWENTY: Penalties.
If any person fails or refuses to obey or comply with or violates any of the provisions of
this Ordinance artiele, such person upon an order by the Code Enforcement Board or Special
MasteT Magistrate may be fined as authorized by the Ordinances establishing the Enforcement
Board and Special MasteT Magistrate. Each violation or non-compliance shall be considered a
separate and distinct offense. Further, each day of continued violation or non-compliance shall Be
g..ilty of constitute 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 noncompliance. Any person convicted of such offense, shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed Ffjve Hhundred ($500.00) dollars or
by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
Court.
Further, nothing is this Section shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement Board, or Special
Mastor Magistrate proceeding, 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.
CONFLICT AND SEVERABILLITY SECTION
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 remaindering portion.
INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION
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
Page 24 of25
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renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
EFFECTIVE DATE SECTION
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 10th day of March, 2009.
ATTEST:
DWIGBJ: B:R6Ck~~~~ERK
~
" ~ \ .
BOARD OF COUNTY COMMISSIONERS
COLLIER C TY, FLORIDA
,~~d-
BY:
'.,"
DONNA FIALA, CHAIRMAN
BY:
At~ If
.flllllturp
Oil I "
I
Approved as to form and legal
sufficiency:
~lI/?Ll
Scott R. Teach
Deputy County Attorney
,
This ordinance filed with the
~ry of State's Office the .a
.1.2.:.: day af~,~V \
and acknowledgeme~ot
t~iVed Itlls m- llay
o B~~
Page 25 of25
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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 2009-08
Which was adopted by the Board of County Commissioners
on the lOth day of March, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of March, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
~ ~tO'L
By: Ann Jennejohrt,
Deputy Clerk,