Ordinance 92-086 ORDINANCE NO. 92- 86
AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY .
,~ ~,,v ORDINANCE NO. 91-47, "COLLIER COUNTY LITTERt WEE~
~:- .'::./ AND PLANT CONTROL ORDINANCE" BY EXCLUDING ;~Y ~ /
iJ ' CATASTROPHIC EVENT; AMENDING SECTION FOUR ~
· J' '.'.' PROVIDING A DEFINITION FOR CATASTROPHIC EVE~; ~1 /~
,,~, AMENDING SECTION FIVE, LITTER DECLARED TO B~A
; PUBLIC NUISANCE EXCEPT FOR A CATASTROPHIC EV~NT;
~': ..;" LITTER PROHIBITED EXCEPT FOR A CATASTROPHIC
,~,' , EVENT; AMENDING SECTION TWELVE, ABATEMENT OF~
· NUISANCE EXCEPT FOR A CATASTROPHIC EVENT;
~ AMENDING SECTION THIRTEEN, ASSESSMENT FOR ABATING
· -'0;;~. NUISANCE EXCEPT FOR A CATASTROPHIC EVENT;
~ '~k PROVIDING FORCONFLICT AND SEVERABILITY;
.... '~ DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
~ty Litter, Weed and Plant Control Ordinance; and
WHEREAS, the Board of County Commissioners did not intend for
Ordinance No. 91-47 to apply to catastrophic events which are
declared disasters; and
WHEREAS, it is in the best interest of the citizens of
Collier County to amend Ordinance No. 91-47 to exclude
~atastrophic events.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Amendment to Secti6n Four of Collier County Ordinance No. 91-47
Section Four of Collier County Ordinance No. 91-47 is hereby
amended to read as follows:
SECTION FOUR: Definitions
The following words, phrases or terms as used in this
Ordinance shall have the following meanings unless the context
clearly indicates otherwise:
"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
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
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machines, plumbing fixtures, furniture, and any other similar
"Exotics" shall mean Australian pine (Casuarina, all species),
melaleuca (all species), Brazilian pepper (Schinus
terebinthifoliue), or downy rose myrtle (Rhodomyrtus
tomentosus) or any prohibited exotic species in accordance with
Ordinance 82-37, as amended.
"Enclosed container" shall mean, for purposes of this
Ordinance, any container whose physical structure is such as
to prevent enclosed materials from falling out,'spilling,
blowing out by wind action, or coming out by another 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 property that contains
buildings, streets 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
substance or wastes. Litter shall include, but shall not be
limited to, garbage, trash, refuse, debris, hazardous rubbish,
including paper (newspapers, m~ga~ines) products, 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, the carcass of a dead animal, any obnoxious or
offensive matter of any kind, any object likely to injure any
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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" shall mean a lot, fifty percent.(50%) or more
of which can be mowed with bushhog-type, or smaller mowing
equipment without damage to the lot or equipment.
"Prohibited accumulation of exotics" shall mean any
accumulation of prohibited exotic plants in excess of eighteen
(18) inches in height located An unimproved property and in
violation of this Ordinance.
"Recorded subdivision" shall mean land subdivided into three
(3) or more lots, parcela, sites, units or any other division
of, land for which a plat has been filed with the Clerk of
c~urts 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 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 i~ 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.
"Unlawful accumulation of weeds, grass or similar
non-protected overgrowth" shall mean any accumulation if any
part of such accumulation is in excess of eighteen (18) inches
in height and is declared to be a public nuisance when located
on a mowable lot, improved or unimproved, in any recorded or
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,oo 058- 03'
unrecorded subdivision of this County, except Golden Gate
Estates. Accumulations of protected vegetation such as coastal
strand, scrub, tropical hammocks, dune vegetation, and property
officially declared to be wetlands are hereby exempted from
such public nuisance declarations.
"Unrecorded subdivision" shall mean land which for the
purpose of sale or transfer has been subdivided prior to the
enactment of Ordinance 76-6, as amended, or any other division
of land for which a plat has n6t 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 the violation was
found, the corrective measures required to be taken and the
date by which the corrective measures are to be completed.
SECTION TWO. Amendments to Section Five of Collier County
Ordinance No. 91-47.
Section Five of Collier County Ordinance No. 91-47 is hereby
amended to read as follows:
SECTION FIVE: Litter Declared To Be A Public Nuisance
The unauthorized and improper dumping, accumulation or
storage of litter or abandoned property as described in
Sections Six, Seven, Eight, Nine or Ten in or upon public or
private property is hereby declared to be a public nuisance,
SECTION THREE. Amendments to Section Seven of Collier County
Ordinance No. 91-47.
Section Seven of Collier County Ordinance No. 91-47 is hereby
amended to read as follows:
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, ~
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~atastroDhic event. Any property owner, tenant, occupant,
agent, manager or other person who owns, 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. 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 rights of way if such
materials are placed upon a right of way earlier than six (6)
p.m. of the night prior to the regularly scheduled pickup for
that location by the County solid waste collection contractor,
or. allowing said accumulation to remain adjacent to the public
right of way after six (6) p.m. of the day of the scheduled
pickup.
SECTION FOUR. Amendments to Section Twelve of Collier County
Ordinance No. 91-47.
Section Twelve of Collier County Ordinance No. 91-47 is
hereby amended to read as follows:
SECTION TWELVE: Abatement of Nuisance
a. Whenever the County Manager or his designee shall
determine that a public nuisance as described in Sections Five,
Eight, Ten or Eleven herein exists, he shall cause a notice to
be served on the record owner or owners of said property as
appropriately provided for in this Section and in Section
Fifteen informing them of the existence of the nuisance in
substantially the following form:
Office of the Compliance Services Manager
Notice of Violation
To:
Date:
Ordinance
Violation Case No.
Property:
According to the official records of this County, you are
the owner of the above-described property. As such, you
are hereby notified that the Compliance Services Manager,
on , determined that a public nuisance existed
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upon such property, caused by=
You are further notified that you shall abate this nuisance
within twenty (20) days. Failing this action on your part,
the Board of County Commissioners will cause the nuisance
to be abated. The direct cost plus an administrative fee
of not less than $100.00 will be levied as an assessment
against the property.
You may contest this determination of the existence of a
public nuisance by applying for a hearing before the Board
of County Commissioners within fifteen (15) days from the
date of this notice.
b. If. the property owner or someone on his behalf has not
abated the identified nuisance'as described in said notice
within twenty (20) days from the date of the giving of notice
as aforesaid, the County shall forthwith abate the condition
and shall, through its employees, servants, agents or con-
tractors, be authorized to enter upon the property and take
such steps as are reasonably required to effect the abatement
of the nuisance.
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SECTIOX FIVE. Amendments to Section Thirteen of Collier County
Ordinance No. 91-47.
Section Thirteen of Collier County Ordinance No. 91-47 is
hereby amended to read as follows=
SECTION THIRTEEN: Assessment for Abating Nuisance
a. As soon after such abatement-as feasible, the cost
thereof to the County as to each parcel shall be calculated and
reported to the Collier County Compliance Services Hanager or
his designee. An invoice shall be mailed to the property
owner,
for the cost of
abatement which invoice shall include an administrative expense
of $100.00 per parcel of property when paid within twenty (20)
:.
days from date of invoice.
b. If the invoice sent by the Compliance Services Manager or
his designee is not paid at the expiration of the twenty (20)
day period, the Board of County Commissioners shall be
n~tified. Thereupon the Board of County Commissioners, by
resolution, shall assess such cost against such parcel. Said
resolution shall describe the land and show the cost of
abatement, which shall include an additional administrative
expense of $100.00'per parcel. Such assessment shall be a
legal, valid and binding obligation which shall run with the
property until paid. The assessment shal~ become due and
payable twenty (20) days following the mailing of the notice of
assessment after which interest shall accrue at the rate of
twelve percent (12%) per annum.on any unpaid portion thereof.
c. The Clerk shall mail a notice to the owner or owners of
record of each of said parcels of land described in the
resolution, at the last available address for such owner or
owners, which notice shall be in substantially the following
form:
BOARD OF COUNTY CO~ISSIONERS
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
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07
DATE=
( REF. INV.# ) LIEN NUMBER=
LEGAL DESCRIPTION=
You, as the owner of record of the property above
.described, are hereby advised that Collier County,
Florida did on the __day of ~, 19__, order the
abatement of a certa~uisance existing on the above
property, sending you notice thereof, such nuisance being=
A copy of such notice has been heretofore sent you.
You failed to abate such nuisance~ whereupon, it was abated
by Collier County at a direct cost of $ and an
administration cost of $200.00 for a total of $__.00.
Such cost, by resolution of the Board of County ~ommissioners
of Collier County, Florida, has been assessed against the
above property on , 19 , and shall become a
..lien on the property ~0) d~ after such assessment.
You may request a hearing before the Board of County
Commissioners 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 the property. Said request for
hearing shall be made to the Clerk to the Board of County
Commissioners, Government Center, Naples, Florida 33962 in
writing within thirty (30) days from the date of the
assessment.
CLERK, BOARD OF COUNTY COHHISSIONERS
d. After the expiration of one year from the date of
recording of the Assessment of Lien, as provided herein, a suit
may be filed to foreclose said lien. Such foreclosure
proceedings shall be instituted, conducted and enforced in
conformity with the procedures for the foreclosure of 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 forth herein verbatim.
e. The liens for delinquent assessments imposed hereunder.
shall remain liens, coequal wi~h the lien of all state, county,
district and municipal taxes, superior in dignity to all other
filed liens and claims, until paid as provided herein.
SECTION SIX. Conflict and Severabllity
It is declared to be the intent of the Board of County
Commissioners that if any section, subsection, sentence, clause,
phrase or provision of this Ordinance is held invalid or
unconstitutional by any court of competent Jurisdiction, such
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invalidation or unconstitutionality shall be deemed a separate,
distinct and independent provision and shall not be so construed
as to render invalid or unconstitutional the remaining provisions
of this Ordinance.
SECTION SEVEN. Declaration of Emergency
This Board does hereby declare that an emergency exists and
that immediate enactment of this Ordinance is necessary, and by no
less than four-fifths (4/5the) vote of the membership of the Board
does hereby waive notice of inten~ to consider this Ordinance.
SECTION EIGHT. Effective Date
A certified copy of this Ordinance, as enacted, shall be
filed'by the Clerk of the Board with the Department of State of
the State of Florida, as soon after enactment as is practicable by
depositing the same with the postal authorities of the government
of the United States for special delivery by registered mail,
postage prepaid, to the Florida Department of State.
This Ordinance shall become effective as provided in Section
125.66(3), Florida Statutes.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~m{day of November, 1992.
ATTESTS? ... BOARD OF COUNTY CO~ISSIONERS
.JAMES C. ~'ILES, CLERK COLLIER COUNTY, FLORIDA
· '~.~pproved as.,~o form and
· '~gal suf~i~iency:
''
County Attorney This
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STATE 'OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clark of Courts tn and for the
Twentieth Judicial Circuit, Collier County, Florida, do
haraby certify that the foregoing ts a trua copy of:
Ordinance No. 92-86
which was adopted by the Board of County Commtaetoners on
the 3rd day of November, 1992, via emergency procedures during
Ra~lar Session.
WITNESS my hand and the official seal of the Board of
County Co~teatoners of Collier County, Florida, this
day of November, 1992.
J~ES C. GILES ." .;..... '"..
Clark of Courts and Cla'~k".~" '. '"
Ex-officio to Board of
County Commtss~onersf...
Deputy Clark