Ordinance 89-026ORDINANCE 89 - 26
ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 82-91, BY ADDING TO THE
DEFINITIONS UNDER SECTION TWO; REVISING
SECTIONS THREE AND FOUR W}{ICH REVISES THE
DELEGATIONS OF ADMINISTRATIVE AUTHORITY;
PROVIDING FOR CONFLICT AND SEVERABILILTY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Collier
regulate work within
County, Florida and
County Ordinance 82-91 was created to
the Public Rights-of-Way within Collier
WHEREAS, the creation of the Development Services Departmel,t
administratively modifies the authority for decision making with
respect to Ordinance No. 82-91; and
WHEREAS, the Development Services Department Director and the
County Public Works Administrator and/or County Engineer's roles
in administration of the right-of-way regulations must be clearly
defined.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Section Two is amended to add Paragraph 4 which shall read as
follows:
4. Director:
Sha~ mean the Deve~opmeDt services Director or his desiqnee,
SECTION TWO:
Section Three, Paragraph 1 of Collier County Ordinance No.
82-91 is hereby amended to read as follows:
1. It shall be unlawful for any person, firm, governmental
agency, corporation, association, department or authority, to dig,
excavate, obstruct, place any construction or other materials, or
perform any other work which disturbs the existing structure or
compaction of the soil in any right-of-way provided for the public
use in the unil~corporated areas of Collier County, Florida and
also in those ?,,blic rights-of-way maintained by Collier County
but which lie within municipal boundaries without first obtaining
a permit for such work from the
222
Words S~u~-~h~u~h are deleted; words underlined are added.
~ng½nee~ PirectQr, or as specified in the Collier County
Rights-of-Way construction Handbook.
SECTION THREE:
Section Three, Paragraph 3 of Collier County
82-91 is hereby amended to read as follows;
3. a.
Public
Ordinance No.
The
Director shall approve the application and issue
the permit within ten (10) working days or notify
the applicant of the reasons for the delay or
denial. If a notice or delay is issued, that
notice shall state the maximum time period within
which the
~ngEmee~ Director shall take action. If no time
period is stated in the notice of delay, the permit
shall be deemed to be denied if no action is taken
by the
Director within thirty (30) days of the issuance of
the notice of delay. The expiration of the thirty
(30) day period shall thereupon act as a Notice of
Denial.
Where the
~mg&mee~ Oirector denies the issuance of a permit,
the applicant may appeal by filing a written notice
of appeal with the County Commission, with a copy
to the County Clerk, within ten (10) working days
after receipt of the Notice of Denial. The
applicant may then appear before the Commission and
present facts supporting his position. Thereafter,
the decision of the County Commission shall be
final.
SECTION FOUR:
Section
Ordinance No. q2-91 is hereby amended to read as follows:
(1) Handbook for Collier County Standards
Words S~uek-~h~ugh are deleted; words ~ are added.
Three, Paragraph 4a. (1) and b of Collier County
for
Construction Within Public Rights-of-Way.
References tO thg term "Pub%~c Works
~dmiDistrator" and/o¥ "County. Engineer" in the
~[DDd~ook are hereby amended., ko th~te
~Director" as defined by section Two.
~aragr~ph 4.
In the event standards for the proposed
construction are not contained in the references
listed in 4.a., the P~B~ ..... W~ks
A~m~n~s~a~s~nky-Eng~nee~ Directo[, is directed
to require as part of the additional Conditions
and/or Stipulations sidewalks -- bikeways,
where applicable traffic control devices
roadway
thereby
construction.
and
and
improvements, as part of the pe~it and
granting a permit for the proposed
SECTION FIVE:
Section Three, Paragraph 7 of Collier County
82-91 is hereby amended to read as follows:
ordinance No.
(7) The e~ntM-En~nee~ Director may revoke a permitted
right-of-way permit when the stipulations and/or
Conditions of Permit are not being complied with or
for the safety of the public.
SECTION SIX:
Section Four, Paragraph 1 (d) and 1 (e) of Collier County
Ordinance No. 82-91 are hereby amended to read as follows:
(d) After removing the offending material and after
notifying the responsible person (by certified mail
with return receipt), the P~ ..... W~s
AS~s~a~/~n~y---En~nee~ Director, shall
certify to the Fiscal officer the expense incurred
in remedying the condition, thereupon such expenses
Words $~r~e~-~hro~h are deleted; words under~ined are added.
shall become payable within thirty (30) days, after
which a special assessment lien and a charge will
be made upon the property of the responsible
person, which shall be payable with interest at the
rate of eleven (11%) percent per annum from the
date of such certification until paid. Such lien
shall be enforceable in the same manner as a tax
lien in favor of Collier County and may be
satisfied at anytime by payment thereof .including
any accrued interest. Notice of such lien may be
filed in the office of the Clerk of the circuit
Court and recorded among the public records of
Collier County, Florida.
(e) If the responsible person feels that the expense
certified by the
~m~nee~ Director, to the Fiscal officer for
removal of the offending material is excessive, he
may appeal the amount assessed by filing a written
notice of appeal with the County Commission, with a
copy to the County Clerk, within ten (10) working
days after the notice of removal. The responsible
person may then appear before the Commission and
present facts supporting his position. Thereafter,
the decision of the County Commission shall be
final.
SECTION SEVEN: Conflict and Severability
In the event this Ordinance conflicts with any other
Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and inuapendent provision and such holding sha~l not
affect the validity of the remaining portion.
035 - 225
Words S~u~-~h~u~h are deleted; words under i~ ar~ added.
SECTION EIGHT: Effective Date
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of ,.'C°llier,C°unty''. . ; · Florida this
~, '. .
ATTEST:
.:JAMES C. GILES, Clerk
25th day of April 19 89.
BOARD OF COUNTY COmmISSIONERS
COLLIER COUNTY, FLORIDA
Burt L. Saunders, Chairman
Approved as to form and
legal sufficiency
AM~sr~s~n~a~nny~ttorney
(5)
Words S~u=~-~h=sugh are deleted; words underlined are added.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 89-26
which was adopted by the Board of County Commissioners on the
25th day of April, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2?th
day of April, 1989.
JAMES C. GILES
Clerk of Courts and Cler~
Ex-officio to Board of
County Commissioners
By /s/Maureen Kenyon
Deputy Clerk