Ordinance 99-51 1999
AN O~IN~CE WHICH ~GULATES ~D CONTROLS
LITTE~
~=-=+~,),?x~CS WITHIN THE UNINCO~O~TED ~A OF COLLI%~~~
~O~DA; SETTING FORTH FINDINGS; PROVIDING TITLE
PROVIDING APPLIC~ILI~; SETTING FORTH DEFINITIONS;
LITTER TO BE A PUBLIC NUIS~CE; DECL~NG LITTER TO BE UNLAWFUL;
DECL~NG UNAUTHO~ZED ACCUMULATION OF LITTER PROHIBITED; '
DECL~NG DUMPING OR DEPOSITING OF ~DONED PROPERTY
PROHIBITED ~D ~GULATING THE STO~GE OF ~DONED PROPERTY;
~GULATING THE STO~GE OF LITTER; ~GULATING WASTE MATE~S
~AGEMENT; DECL~NG WEEDS ~D EXOTICS TO BE A PUBLIC
NaS~CE ~D ~GULATING THE CONTROL OF WEEDS ~D EXOTICS;
PRODDING FOR E~MPTIONS; PROVIDING FOR THE ~ATEMENT OF
NUIS~CES ~D NOTICE OF VIOLATION; PROVIDING FOR ASSESSMENT FOR
THE ~ATEMENT OF NUIS~CES; PROVIDING FOR A ~GHT TO HE~NGS ON
DECL~TIONS OF PUBLIC NUIS~CES ~D ASSESSMENTS; PRODDING FOR
ENFORCE~NT PROCEDU~S; PROVIDING FOB IMMEDIATE CO~CTIVE
ACTION; PROVIDING FOR PROCEDU~S FOR MMLING NOTICES; PROVIDING
FOR PEN~TIES; PROVIDING FOR ~PE~ OF O~IN~CE NUMBERS 91-47
~D 92-86; PROVIDING FOR CONFLICT ~D SERVILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS ~D O~IN~CES; ~D PROVIDING FOR
~ EFFECTI~ DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the fight and power of counties to
provide for the health, welfare and safety of existing and future residents of the County by
enacting and enforcing zoning regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners has determined that land which is
allowed to become overgrown with weeds, grass, exotics or similar growth on land on which
abandoned properties or trash is allowed to accumulate is detrimental to the health, safety and
welfare of the citizens of Collier County as harborage for vermin, rodents and other disease
vectors; and
WHEREAS, the County has determined that unimproved property, which is in close
proximity to urban areas, is distinguishable from improved property, because it generally lacks
management of vegetative growth; and
WHEREAS, the County has determined that certain exotic species, both fauna and flora,
grow rapidly and uncontrollably and may drastically change the ecological character of the
unimproved property, which is in close proximity to urban areas, if unsupervised or unmanaged;
and
WHEREAS, the County has determined that pursuant to existing case law, easements,
alleys, canals and rights-of-way dedicated to the County on plats create easement interests in
favor of the County, unless the plat expressly states another interest is conveyed; and
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WHEREAS, the County has also determined that pursuant to existing case law, the holder
of the fee simple property is responsible for the maintenance of the dedicated easement area
unless,
1. The County has expressly assumed this maintenance obligation;
2. The County has voluntarily assumed the obligation by performing maintenance
pursuant to the standard set forth by case law; or
3.Other methods established by ease law.
NOW, THEREFORE, BE IT ORDA1NED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Findings of Fact
The Board of County Commissioners does hereby make the following findings of fact:
1. 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.
SECTION TWO: Title and Citation
This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and
Exotics Control Ordinance."
SECTION THREE: Applicability
This ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County.
SECTIOI~I FOUR: Definitions
The following words, phrases or terms as used in this Ordinance shall have the following
meanings, unless the context clearly indicates otherwise:
"Abandoned Property" shall mean any wrecked, inoperative, derelict or partially
dismantled property having little, if any, value other than nominal salvage value, which has been
lett unattended and unprotected from the elements, which shall include, but not be limited to,
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motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing
machines, plumbing fixtures, furniture, and any other similar articles.
"Abate" shall mean to mow a portion of a Mowable Lot to a height of less than six
inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and
poison any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye;
or remove Litter; or remove Abandoned Property; in accordance with county ordinances.
Mulching of Exotic Plants is permissible as long as the mulching occurs in an Enclosed
Container, and is removed from the site.
"Exotics" or "Exotic Plants" shall mean Australian pine (Casuarina, all species),
Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle
(Rhodom.vrms tomentosus) earleaf acacia (Acacia auriculiformis), Java plum (Syzygium
~umini), Woman's tongue (~ lebbeck), catclaw mimosa (Mimosa pigS), and any prohibited
exotic species that may be added to County Ordinance No. 91-102 as amended, (Section
3.9.6.4.1, Collier County Land Development Code).
"Enclosed Container" shall mean, for purposes of this ordinance, any 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, and shall include, but not be
limited to, garbage cans, boxes? truck bodies capable of being enclosed and any other container
sufficient to prevent the accidental scattering or leaking of said materials on the public roads.
"Improved Property" shall mean real property which contains buildings, streets (or paved
areas) or other structural improvements.
"Inert Waste Materials" shall mean brick, block, concrete, rock, stone, earth and sand,
free from contamination or other types of waste and capable of serving as fill material without
harm to, or pollution of, ground or surface waters.
"Litter" shall mean any discarded, used, or unconsumed substances or wastes. Litter shall
include, but shall not be limited to, garbage, trash, refuse, debris, paper products (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
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(including gasoline, paint thinnets 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.
"Mowable Lot"
1. Shall mean a lot, fifty percent (50%) or more of unimproved property which 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
2. Any portion of Improved Property which can be mowed with bushhog-type, or smaller
mowing equipment without damage to the lot or equipment.
"Prohibited Accumulation of Exotics" shall mean any accumulation of Exotics, which is
in excess of eighteen (18) inches in height and located on improved or unimproved property.
"Recorded Subdivision" shall mean land subdivided into three (3) or more lots, parcels,
sites, units or any other division of land for which a plat has been filed with the Clerk of Courts
of Collier County.
"Storage of Litter" shall mean the interim containment of Litter in a manner approved by
the Board of County Commissioners, after generation of such Litter and prior to proper and final
disposal.
"Unauthorized Accumulation of Litter" shall mean the accumulation of Litter in or upon
any public or private property or body of water which is not contained within proper containers
or receptacles provided for control of Litter or is not otherwise permitted or authorized, by any
other Collier County Ordinance. This 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 the subject building is being constructed, remodeled or repaired under
the authority of a current, valid Collier County building permit and for which the materials are to
be used.
Unauthorized accumulation of Litter shall also include, but not be limited to, the
accumulation or storage of Litter or eontainerized Litter or Abandoned Property adjacent to
public rights of way if such materials are placed upon a right of way earlier than six (6) p.m. of
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the night prior to the regularly scheduled pickup for that location by the County solid waste
collection contractor, or allowing said accumulation to remain adjacent to the public right of way
after six (6) p.m. of the day of the scheduled pickup.
"Unlawful Accumulation of Weeds, Grass or Similar Non-protected Overgrowth" shall
mean any 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 this County.
"Unrecorded Subdivision" shall mean land which for the purpose of sale or transfer has
been subdivided prior to the enactment of Ordinance 76-6, as amended, or any other division of
land for which a plat has not been filed with the Clerk of Courts of Collier County.
"Written Corrective Notice" shall mean a written statement issued to the violator or his or
her agent identifying and specifying the violation, the date, location of the violation, the
corrective measures required to be taken and the date by which the corrective measures are to be
completed.
SECTION FIVE: Litter Declared To Be A Public Nuisance
The Unauthorized Accumulation of Litter or improper Storage of Litter or improper
dumping of Abandoned Property or Litter as described in Sections Six, Seven, Eight, Nine or
Ten in or upon public or private property is hereby declared to be a public nuisance.
SECTION SIX: Unlawful To Litter
It shall be unlawful for any person to throw, discard, place, drop, or deposit Litter in any
manner or amount in or upon any public property, private property, highway, street, right of way
or body of water within the unincorporated areas of Collier County, Florida, except in such areas
and containers specifically provided and appropriately designated for the disposal of Litter. In
any case where Litter is ejected or discarded from a motor vehicle, except at approved and
permitted disposal sites, the operator of the motor vehicle shall be deemed in violation of this
ordinance.
SECTION SEVEN: Unauthorized Accumulation Of Litter Prohibited
Any Unauthorized Accumulation of Litter in or upon, any property, vacant or improved,
or on or upon any public street, alley or other public or private place is a violation of this
Ordinance. Any property owner, tenant, occupant, agent, manager or other person who owns,
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maintains, or controls private property, whether improved or unimproved, is hereby declared to
be in violation of this ordinance where any such Unauthorized Accumulation of Litter is
maintained or is allowed to remain on such property.
SECTION EIGHT: Dumping or Depositing of Abandoned Property Prohibited
It shall be unlawful for any person to engage in or permit the dumping, storing, placing,
or depositing of Abandoned Property on any public or private real property, street, or highway.
However, Abandoned Property kept in a completely enclosed building or a business enterprise
which is lawfully licensed and zoned for receipt and storage of Abandoned Property shall be an
exception to this provision. If Abandoned Property is kept or stored in connection with a
lawfully licensed business enterprise, all Abandoned Property shall be screened so that it is not
visible from any public right(s) of way or from any property used for residential purposes. It
shall be unlawful to engage in or permit the dumping, storing, placing, or depositing of
Abandoned Property in any residential area, unless such Abandoned Property is kept in a
completely enclosed building.
SECTION NINE: Storage Of Litter
1. All commercial establishments shall store their Litter in containers so as to
eliminate wind-driven debris and Litter in or about their establishments. The number and size of
containers necessary for each commercial establishment shall be that number required to
maintain clean, neat, and sanitary premises. Spillage and overflow around containers shall
constitute an illegal accumulation of Litter and shall be immediately cleaned up as it occurs.
2. All loading and unloading zones at commercial establishments shall be provided
with Litter receptacles by the owner of the business to store Litter.
3. Each person owning or operating any establishment open to the public shall
provide receptacles adequate to contain Litter generated from such establishment.
4. Any and every person in possession, or in charge or in control of any place,
public or private, where Litter is accumulated or generated shall provide and at all times maintain
adequate and suitable receptacles and/or containers capable of holding such materials until
proper final disposal is accomplished.
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5. All construction and demolition contractors, whether owners or agents, shall
provide on-site receptacles for Litter sufficient to prevent wind-driven scattering of such
materials if the materials are otherwise not properly disposed of on a daily basis.
SECTION TEN: Waste Materials Management
1. Inert waste materials may be buried on a site after a valid building permit for such '
site has been obtained and posted and provided that such disposal is in conformance with federal,
state, and local laws and regulations. Inert waste materials which have not been properly buried
or disposed of are hereby classified as Litter.
2. On-site containment of downed trees and other vegetative growth shall be
permitted on residentially-zoned lots exceeding one (1) acre in size and in the Golden Gate
Estates zoned areas and only for vegetative growth which has been cut, cleared or removed on
the same property of the permitted construction, providing all of the following conditions are
met: (a) a valid building permit for construction of a single family home on the applicable lot has
been obtained and is posted before removal and containment of such growth; (b) the site plan
shall identify the location of the containment area; and (c) the downed trees and vegetative
growth are placed into an excavated earthen depression which does not exceed five (5) feet in
depth from the surrounding natural elevation and does not cover a horizontal surface area greater
than nine thousand (9,000) square feet. All such excavated earthen depressions containing
downed trees and vegetative growth shall not be closer than fifteen (15) feet from the side and
rear property lines or within a public or private easement or right-of-way. Vegetative
containment areas shall be covered by Inert Waste Material at a minimum of twelve (12) inches
with the finished grade being six (6) inches above the surrounding natural elevation. The nearest
point of such excavated earthen depression for containment of on-site downed trees and
vegetative growth shall not be closer than seventy-five (75) feet to any structure, nor closer than
one hundred (100) feet to any public or private right-of-way. No excavated material shall be
removed from the site. Failure to either remove downed trees or downed vegetative growth from
residentially-zoned lots exceeding one (1) acre in size or Golden Gates Estates zoned properties
or to properly contain such material, as required by this ordinance, shall result in such downed
trees and/or downed vegetative growth being classified as Litter and thereby subject the property
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owner, agent, and/or other responsible parties to any and all penalties provided under this
ordinance.
SECTION ELEVEN: Declaration of Public Nuisance
1. 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 in any Recorded or Unrecorded Subdivision of this County,
and which lot has been specifically described by legal description and which condition has been
determined by the County Administrator 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.
2. 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 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 Unrecorded
Subdivision. However, the requirements for abatement of the public nuisance as described in
Section Thirteen shall only apply to that portion of the property to a depth of twenty (20) feet
from the property line or lines nmning adjacent and parallel to a private or public right(s)-of-
way.
3. The accumulation of Exotics 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
Collier County when the Exotics are located within a two hundred (200) foot radius of any
improved property located in a Recorded or Unrecorded Subdivision. However, the requirements
for abatement of the public nuisance as described in Section Thirteen 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 Section Thirteen shall only apply when the County receives a
complaint.
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4. The accumulation of Exotics, weeds, grass, or other similar non-protected over-
growth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a
public nuisance when such condition is located on any 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 '
citizens of Collier County and is likely to continue to aid in the concealment or commission of
future criminal acts if such accumulation is not abated. A report from the Collier County
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 of
Collier County shall constitute sufficient evidence. However, the requirements for abatement of
the public nuisance as described in Section Thirteen shall only apply to that portion of the
unimproved property where the accumulation exists within a five hundred (500) foot radius of
Improved Property.
5. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easement(s) on
improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to
be a public nuisance.
6. 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 Collier County which is not within a Recorded or
Unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred
(100) feet of the property line or lines of Recorded or Unrecorded Subdivision(s).
SECTION TWELVE: EXEMPTIONS
1. The area zoned Golden Gate Estates shall be exempt from the weed and exotic
plant public nuisance declarations provided in Section 11.
'2. 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
declarations pursuant to Section 11.
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3. ~Fhe lands zoned agricultural that are located outside of the Urban Boundary as
described in the Collier County Future Land Use Map shall be exempt from the weed and exotic
plant public nuisance declarations provided in Section 11.
4. 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 Section 11.
SECTION THIRTEEN: Notice of Violation
1. Whenever the County Administrator or his designee shall determine that a public
nuisance as described in sections Five, Eight, Ten or Eleven herein exists, he shall cause a notice
of violation to be served on the record owner or owners of said property by certified mail
informing them of the existence of the nuisance in substantially the following form:
Code Enforcement Department
Notice of Violation
To: Date:
Ordinance
Violation Case No.
Property:
Folio:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-described
property. As such, you are hereby notified that the Code Enforcement Director, on
[date]__ determined that a public nuisance 'exists on your property pursuant to County
Ordinance No. 99- , caused by: [describe violation]_
You are further notified that you shall abate this nuisance within twenty (20) days of the
date of this letter by __[describe how to abate]__ Failing this action on your part, the
Board of County Commissioners will cause the nuisance to be abated. YOUR FMLURE TO
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ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST
YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of up to
$200.00 and will be levied as an assessment against the property.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING
YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU
ABATE EACH VIOLATION, YOU WILL BE CHARGED AN ADDITIONAL FIFTY
DOLLARS AS AN ADDITIONAL ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in
writing, for a hearing before the Board of County Commissioners within fifteen (15) days from
the date of this notice of violation.
2. If the property owner or his agent has not abated the identified nuisance as
described in said notice within twenty (20) days from the date of the notice of violation, the
County shall Abate the condition and shall, through its employees, servants, agents or
contractors, be authorized to enter upon the property and take such steps as are reasonably
required to Abate the nuisance. However, the County Administrator, in his discretion, may
extend the time allowed for taking corrective action up to 180 days for natural disasters as
determined by the State or Federal government.
SECTION FOURTEEN: Assessment for Abaftrig 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 Code Enforcement Director or
his/her designee. An invoice and legal notice of assessment shall be mailed by certified mail to
the property owner(s) for the cost of abatement. The invoice shall include an initial.
administrative fee of One-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 and legal notice of assessment by certified
mail to the property owner including an initial administrative fee of Fifty ($50.00) dollars and an
additional administrative fee of Fifty ($50.00) dollars. Each notice of violation thereafter to the
same property owner shall be processed in the same manner.
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3. If the invoice sent by the Code Enforcement Director or her designee is not paid at
the expiration of the twenty (20) days of the date of the legal notice of assessment, the Board of
County Commissioners shall impose a lien against the property. The Board of County
Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall:
A) describe the land and show the cost of abatement, which shall include the initial
administrative expense of One-hundred ($100.00) dollars plus an additional administrative
expense of One-hundred ($100.00) dollars per parcel, or B) describe the land and show the initial
administrative fee of Fifty ($50.00) dollars and the additional administrative fee of Fifty ($50.00)
dollars and an additional administrative fee of One-hundred ($100.00) dollars per parcel. Such
resolution shall constitute a lien which shall nm with the property until paid. The resolution
shall also specify that interest shall accrue on the unpaid balance beginning on the date the
resolution is recorded at the rate of twelve (12) percent per annum.
3. The legal notice of assessment 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 ,19 , order the abatement of a certain nuisance existing on the above property
prohibited by Ordinance 99- , and served a notice of violation upon you. The nuisance is:
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[describe nuisance]
You failed to abate such nuisance; whereupon, it was abated by the expenditure of public
funds at a direct cost of $ .00 and an administrative cost of Two-hundred ($200.00) dollars for a
total of [or, You abated the nuisance but caused the County to incur an initial
administrative cost of Fifty ($50.00) dollars and an additional administrative cost of One-
hundred Fifty ($150.00) dollars for a total of Two-hundred ($200.00) dollars.]
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, shall become a lien on your property within twenty (20) days of the date of this
legal notice of assessment. You may request a heating before the Board of County
Commissioners to show cause, if any, why the expenses and charges incurred by the County
under County Ordinance No. 99- are excessive or unwarranted or why such expenses
should not constitute a lien against the property. Said request for heating shall be made to the
County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in
writing within ten (10) days from the date of this notice. FMLURE TO PAY THE AMOUNT
SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGMNST YOUR
PROPERTY.
5. After the expiration of one year from the date of recording 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 heroin in their entirety to the same extent as if such provisions
were set forth herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens,
coequai with the lien of all state, county, district and municipal taxes, superior in dignity to all
other filed liens and claims, until paid as provided herein.
7. After recording of the Lien, the County Administrator or his designee may accept
partial payment and recommend satisfaction of the Lien to the Board if he/she determines an
error has been made based upon his/her judgment.
SECTION FIFTEEN: Right To Hearings on Declaration of Public Nuisance and
Assessment
1. Any property owner receiving the notice of violation pursuant to Section Thirteen
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may contest this determination by filing an application for a hearing before the Board of County
Commissioners within fifteen (15) days from the date affixed on the notice of violation.
2. Any property owner receiving the invoice and notice of assessment pursuant to
Section Fourteen shall have ten (10) days to request a hearing before the Board to show cause, if
any, why the expenses and charges incurred by the County under this ordinance are excessive or
unwarranted or why such expenses should not constitute a lien against said property.
3. If, after said hearing, the Board determines that the assessment is fair, reasonable,
and warranted, the assessment resolution shall be recorded forthwith. If the Board determines
that the charges are excessive or unwarranted, it shall direct the County Administrator to re-
compute the charges and the Board shall hold a further hearing after notice to the owner upon the
re-computed charges.
SECTION SIXTEEN: Enforcement Procedures
Investigators of Collier County Code Enforcement are hereby empowered to issue
Written Corrective Notices and/or notices to appear in misdemeanor court 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 investigators of this ordinance 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.
SECTION SEVENTEEN: Immediate Corrective Action
In the event the County Administrator or his designee determines or has reason to believe
that, a violation including but not limited to accumulation of weed or Litter presents a serious
threat to the public health, safety or welfare of the public or that the violation is of such a nature
as to require immediate correction, the violator may be required by notice to effectuate
immediate corrective measures upon receipt of the notice. The notice, substantially in the form
set forth in Section Thirteen, shall advise the owner that the County will remedy the hazardous
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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.
SECTION EIGHTEEN: Procedures for Mailing Notices
Notices mailed to the violator's address indicated on the records of the Collier County '
Property Appraiser of such lot or parcel of land for ad valorem taxation purposes by registered or
certified mail, return receipt requested, shall be deemed personal service upon the person, for the
purpose of this ordinance. Refusal to accept service of such notices by a property owner or its
agent shall not bar the County from proceeding with enforcement and abatement under this
Ordinance. It is the property owner's responsibility to maintain a current address with the Collier
County Property Appraiser's office.
SECTION NINETEEN: Penalties
If any person fails or refuses to obey or comply with or violates any of the provisions of
this ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
Court. Each violation or non-compliance shall be considered a separate and distinct offense.
Further, each day of continued violation or non-compliance shall be considered as a separate
offense.
Nothing herein contained shall prevent or restrict the County from taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawful actions shall include, but shall not be limited to,
an equitable action for injunctive relief or an action at law for damages.
Further, nothing in this Section shall be construed to prohibit the County from
prosecuting any violation of this ordinance by means of a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently 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.
15
SECTION TWENTY: Repeal of Ordinances
Ordinance Numbers 91-47 and 92-86 are hereby expressly repealed upon the passage of
this ordinance.
SECTION TWENTY-ONE: Conffict 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 affect the validity of the
remaining portion.
SECTION TWENTY-TWO: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of Laws·
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
with the Department of State.
SECTION TWENTY-THREE: Effective Date.
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~tl~lay of(~ ,1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT...E~..BROCK, Clerk COLLIER COUNTY, FLORIDA
.,.. , .!.: :, ;; ., ~,.
' ':leg~Z~u~?i~fiC~:~;':'7'::,,'' This ordinc~nce {iled w,th the
".. :.. "%,;:,e~,. ' .
, !'" ' and ac now{~ ~emen o a
Hei~ P. ~s~on' ' ' ~ c--
Assist~t Co~ty ARomey
h:' hf~in~ceXw~d lira I l -24-98
16
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-51
Which was adopted by the Board of County Commissioners on the
22nd day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of June,
1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk :~:~
Ex-officio to Board of,~
°ner~
By: Lisa Steele,
Deputy Clerk