Ordinance 89-069 O~INANCE NO. 89- 69
~-- .~YELLOWING DISEASE; PROVIDING APPLICABILITY;
.~'~PROVIDING DEFINITIONS; PROVIDING FOR THE DEC~-
-- ~J'~ TION OF LETHAL YELLOWING EMERGENCY; PROVIDING FOR
~! ~' ~.THE EXTENT OF STATE OF EMERGENCY; SETTING FORTH
?-- c~ . ::~AUTHORIZED EMERGENCY MEASU~S; PROVIDING FOR
~ ~ DESIGNATION OF AREAS OF ~NDATORY INOCULATIONS;
..] ¥~ ]', PROVIDING FOR UNLAWFUL ACTIVITIES AND ~NDATORY
.... · INOCULATIONS; REQUIRING PUBLIC NOTICE; PROVIDING
.' 'FOR LIABILITY OF O~ER FOR COSTS; PROVIDING FOR
INOCULATION BY OWNER; PROVIDING FOR DETE~INATION
OF COMPLIANCE WITH INOCU~TION; PROVIDING FOR
DISPOSAL OF LETHAL YEL~WING INFECTED T~ES;
PROVIDING FOR ASSESS~NT FOR ABATING NUIS~CE;
PROVIDING FOR RIGHT TO HEARING ON ASSESS~NT;
PROVIDING FOR SERVICE OF NOTICE; PROVIDING
PENALTIES; ~PEALING ORDINANCE NO. 80-87;
PROVIDING FOR CONFLICT ~D SEVE~BILITY;
PROVIDING AN EFFECTI~ DATE.
WHEREAS, the plant disease known as Lethal Yellowing affects
over thirty {30) plant species and specifically attacks the
Coconut palm (Cocos nucifera) and the Christmas palm (veitchia
m~m/llii), thereby posing a continuous and dangerous threat to
the existence of the Coconut palm as a viable plant species; and
WHEREAS,
~ '~ "antibiotics
WHEREAS, Lethal Yellowing poses a threat of substantial
damage to and loss of property, and as such, th8 threat thereof
is considered an "emergency" as defined in Chapter 252, Florida
Statutes; and
WHEREAS, the loss and destruction of the Coconut palm would
constitute an ecological disaster as well as an aesthetic and
economic loss to the citizens and residents of Collier County;
and
preventive injection of Coconut palms with
is the only known and recognized method of
suppressing the Lethal Yellowing disease, and results in the
remission or stopping of the Lethal Yellowing symptoms; and
WHEREAS, the continued health of existing Coconut palms
promotes the economic welfare and general prosperity of Collier
County, and the welfare of the public would be best served by a
mandatory injection and preservation program to treat and protect
the Coconut palms currently existing within Collier County; and
WHEREAS, Collier County has plenary power to abate public
nuisances that affect the residents and citizens of Collier
County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Title And Citation.
This Ordinance shall be known and may be cited as the
"Collier County Lethal Yellowing Disease Ordinance".
SECTION TWO: Applicability.
This Ordinance shall ~pply to and be enforced in all areas
of Collier County.
SECTION THREE: Definitions.
The following words, phrases or terms as used in this
Ordinance shall have the following meanings un].ess the context
clearly indicates otherwise:
A. PUBLIC NUISANCE: The threat of infection of Coconut
palm trees (Cocos nucifera) with a plant disease known as the
Lethal Yellowing disease, is hereby declared to be a public
nuisance. All species of Coconut palm infected with the Lethal
Yellowing disease or any carrier of said disease are also hereby
declared to be a public nuisance.
B. COCONUT PALMS: Means all Coconut palms of the species
Cocos nucifera except for those trees known as Malayan or Maypan
Coconut palms.
C. EMERGENCY: Any occurrence or imminent threat thereof,
whether natural or caused by man, which results in or may result
in substantial damage to and/or loss of property.
SECTION FOUR: Declaration Of Lethal Yellowing Emergency.
Pursuant to Chapter 252, Florida Statutes, which authorizes
the waiver of procedures and formalities otherwise required of
political subdivisions in order to take whatever prudent action
is necessary to ensure the health, safety and welfare of the
community in the event of a state of emergency, the Chairman of
the Board of County Commissioners, or V£c~-6ha-~m~n~H' ht~
absence, or the County Manager in the absence of =he Chairman and
Vice-chairman is hereby designated and empowered to declare a
local state of emergency in the event the threat of the Lethal
Ye]lowing disease is imminent and a quorum of the Board of County
Commissioners is unable to meet. The determination that such an
emergency exists in the case of Lethal Yellowing shall be made
upon the recommendation of the Public Services Administrator or
designee.
SECTION FIVE: Extent Of State Of Emergency.
Upon declaration, the state of emergency from the Lethal
Yellowing disease shall continue until a determination by the
Public Services Administrator or designee that the threat or
danger no longer exists, a recommendation is made to terminate
the state of emergency, and such termination is approved by the
Board.
SECTION SIX: Authorized Emergency Measures.
In addition to any other powers conferred by law, by the
Public Services Administrator or designee, the Chairman of the
Board of County Commissioners or Vice-chairman in his absence,
may order and promulgate all or any of the following emergency
measures to be effective during the period of such declared
emergency, and with such limitations and conditions as he may
deem appropriate to protect against damage or loss of property by
Lethal Yellowing:
A) Require the mandatory inoculation of all Coconut palm
trees in all areas designated by the Public Services
Administrator or designee for inoculation.
B) Require the removal of all trees inf¢~cted by Lethal
Yellowing, as determined by the Public Services Administrator or
designee.
C) Utilize all available resources of the County government
as reasonably necessary to cope with the emergency, including
expenditures not to exceed Twenty Thousand Dollars ($20,000.00)
for the survey of the existing Coconut palm tree population, the
inoculation of County-owned Coconut palms, the inoculation of
privately-owned Coconut palms in non-compliance with this
Ordinance, the removal of infected trees on County-owned property
and on private property when the owner has failed to comply with
this Ordinance, and other reasonable costs pursuant to the
implementation of this Ordinance.
D) Curtail the transportation of Coconut palms into or out
of Collier County.
SECTION SEVEN: Designation Of Areas Of Mandatory Inoculation.
The areas in which mandatory inoculation is required shall
be designated on the basis of the presence of trees infected by
the Lethal Yellowing disease or the imminent threat of infection
from Lethal Yellowing as determined by the Public Services
Administrator or designee. The boundaries for the areas
requiring mandatory inoculation shall be set by the Public
Services Administrator or designee.
SECTION EIGHT: Unlawful Activities And Mandatory Inoculations.
Upon declaration of an emergency, it shall be unlawful for
any owner of any parcel of land within Collier County and within
an area designated for mandatory inoculation to keep or maintain
any Coconut palms without providinc~ inoculation and treatment for
same as approved by the Public Services Administrator or
designee.
It shall be the duty and the responsibility of the owner of
~.any such property or parcel of land to have inoculated any an4
all such trees with an antibiotic approved by the Public Services
Administrator or designee.
Such inoculations shall be performed three (3) times a year,
every one-hundred to one-hundred and twenty (100-120) days, with
inoculations to begin within thirty (30) days of public
notification of mandatory inoculation. Trees which were
inoculated within ninety (90) days prior to public notification
of the state of the emergency may continue inoculations at
intervals of one-hundred to one-hundred twenty (100-120) days
from the last inoculation, provided proof of that inoculation is
given to the Public Services Administrator or designee within
thirty (30} days after public notification.
BECTION NINE= Public Notice.
Thirty (30) days prior to the required inoculation periods
as indicated in Section Nine, the County Manager of Collier
County is hereby directed to place a public notice in a paper of
geraral circulation published within Collier County, in order to
'inform the property owners of their duties and responsibilities
under this Ordinance. Such notice shall be in substantially the
~ following form:
NOTICE OF REQUIRED INOCULATION
OF COCONUT PALMS
Pursuant to Ordinance No. of Collier
County, Florida, all ownurs of any lot or parcel of
land within the following designated geographic
boundaries:
are required to-~oculate all Coconut palm trees {Cocos
nucifera) located on their lot or parcel of land. This
inoculation may be done by any contractor designated or
approved by the Public Services Administrator acting on
behalf of any property owner and using an antibiotic
approved by the Public Services Administrator, or
designee. Those individuals who do not wish to avail
themselves of a certified inoculation contractor may
inoculate their trees themselves with materials and
techniques which have been approved by the Public
Services Administrator or designee. Every Coconut palm
tree within the geographic boundarie£ shall be
inoculated and the inoculations are to be performed
within thirty (30) days from the date of the
publication of this notice in a paper of general
circulation in Collier County, Florida. Those Coconut
palms currently on an inoculation program and whose
most recent inoculation was within ninety (90} days of
this public notification, may maintain their current
inoculation schedule as long as proof is provided to
the Public Services Administrator of the last
inoculation.
SECTION TEN: Liability Of Owner For Costs.
Within the time periods referred to in Section Nine for
inoculation of Coconut palms, the owner of the parcel of land on
which said trees are located must himself inoculate or make
provision for inoculation of his trees by contractors who have
been approved by the Public Services Administrator or designee to
provide the treatment necessary to abate the Lethal Yellowing
If the owner fails to provide for inoculation, the owner of
any parcel of land upon which palm trees are located shall be
liable for the expenses incurred by Collier County, its agents or
contractors, in treating the affected Coconut palm tree or trees.
SECTION ELEVEN: Inoculation By Owner.
Any property owner may inoculate his/her own trees;
provided, however, the antibiotic and treatment procedures used
must be approved by the Public Services Administrator or
designee.
i~,. ,., - 5 -
All property owners who utilize the procedure contained
treatment performed, submit to the Public Services Administrator
or designee proof of purchase for materials and equipment used in
this treatment, and an Affidavit of Compliance in substantially
the following form:
Affidavit of Compliance
STATE OF FLORIDA
COUNTY OF COLLIER
I/We, ., the record owner(s)
of property situated at
(legal description or street address)
hereby attest that on ..,
(date of injection)
I/we injected or had injected (No. of trees)
Coconut palm trees (Cocos nucifera) located on the
aforesaid property, in accordance with the procedures
approved by the Public Services Administrator or
designee. I further attest that the receipts attached
hereto are offered as proof of purchase of the
materials and equipment used in treatment of all
Coconut palm trees.
FURTHER, AFFIANT SAYETH NOT.
SWORN TO AND SUBSCRIBED BEFORE ME this
, 19
day of
Notary Public
My Commission Expires:
SECTION TWELVE: Determination Of Compliance With Inoculation.
All contractors approved by the Public Services Administra-
tor or designee to inoculate Coconut palms (Cocos nucifera) and
participating in inoculation must submit a list of inoculated
trees within five (5) days of inoculation to the Public Services
Administrator or designee. These lists should include name of
property owner, address, number of Coconut palms located on the
property, and the number of Coconut palms inoculated. Failure to
notify the Public Services Administrator or designee of all
inoculations may result in loss of inoculatioH cert]~i6~tioH~ -'
After the thirty (30) day time period described in Section
Ten for compliance with provisions of Sections Twelve and
Thirteen, the Public Services Administrator or designee shall
make a determination of, and compile a list of, those individuals
owning land or parcels of property within Collier County upon
which Coconut palm trees (Cocos nucifera) are located and who
hive not complied with the provisions of this Section or hive not
submitted an Affidavit of Compliance pursuant to Section Twelve
herein. Upon compiling the list of noncomplying property owners,
the Public Services Administrator or designee, shall then cause
to be mailed by certified mail, return receipt requested, a
notice to those property owners who have failed to comply with
the provisions of this Ordinance in substantially the following
form:
TO:
NOTICE
ADDRESS:
PROPERTY:
You, as the owner of record of the property above
described, upon which Coconut palm trees are located,
are hereby notified that pursuant to Collier County
Ordinance No. , the Public Services Administrator
or designee, on the day of , 19 ,
has determined that a-----threat to property ~iSts UpOn
such proporty caused by the oxiatonco of Coconut palms,
in number, susceptible to being infected with
the Lethal Yellowing disease.
YOU ARE HEREBY NOTIFIED that you must abate this threat
to public property within ten (10) days by having said
Coconut palm or palms treated with an antibiotic
approved by the Public Services Administrator or
designee, failing in which the Board of County
Commissioners of Collier County will have it done and
the cost thereof will be levied as an assessment
against such property.
If the property owner or someone in his behalf has not
abated the threat to property described in said Notice within ten
(10) days from the date of the giving of Notice as aforesaid, the
County shall forthwith abate the same and enter upon the property
and take such steps as are reasonably required to effect
abatement.
SECTION THIRTEEN: Disposal Of Lethal Yellowing Infected Trees.
It shall be unlawful for any owner of any parcel of land
within Collier County to permit to remain on said property any
tree infected with Lethal Yellowing. Trees determined to be
infected with Lethal Yellowing by th~ Public Services
Ad~,inistrator or designee must be removed and disposed of by
burial at the County Landfill within ten (10) days of
notification to thu owner. Notification to property owners shall
be mailed by certified mail, return receipt requested, in
substantially the following form:
TO:
ADDRESS:
PROPERTY:
You, as the owner of record of the property above
described, upon which Coconut palm trees are located,
are hereby notified that pursuant to Collier County
Ordinance No. , the Public Services Administrator
or designee, on the day of ~_, 19 ,
has determined that a------threat to property exists upon
such property caused by the existence of Coconut palms,
in number, susceptible to being infected with
the Lethal Yellowing disease.
YOU ARE HEREBY NOTIFIED that you must abate this threat
to public property within ten (10) days by having said
Coconut palm or palms removed and disposed of at the
County Landfill. Failing in which, the Board of County
Commissioners of Collier County will have it done and
the cost thereof will be levied as an assessment
against such property.
If infected trees have not been removed by owner within ten
(10) days of notification, the County shall forthwith abate the
nuisance and shall, through its employees, servants, agents or
contractors, be authorized to enter upon the property and take
steps as are reasonably required to effect abatement.
SECTION FOURTEEN: Assessment For Abating Nuisance.
1. Within 30 days of abatement of the nuisance by the
County, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Co~unissioners.
Thereupon, the Board of County Commissioners, by resolution,
shall assess the cost against such parcel. Such resolution shall
describe the land and show the cost of abatement, including
administrative costs actually incurred by the County with respect
thereto. Such assessments shall be legal, valid, a~ ~di~g
obligations upon the property against which made, until paid.
The assessment shall become due and payable thirty (30) days
after the mailing of notice of assessment, after which interest
shall accrue at the rate of twelve percent (12%) per annum on any
unpaid portion thereof.
036 625
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2. The clerk shall mail a notice to the record owner or
owners of each of said parcels of land described in the
resolution, at the last available address for such owner or
owners, which notice may be in substantially the following fozTn:
TO ~
NOTICE
ADDRESS:
PROPERTY:
YOU, as the record owner of the property above
described, are hereby advised that Collier County,
Florida, did, on the day of _, 19 ,
order the abatement of a certain nuisance existing on
the above property, sending you notice thereof, such
nuisance being
(hereby describe briefly)
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 cost of $ .
Such cost, by resolution of the Board of County
Commissioners of Collier County, Florida, has been
assessed against the above property on . ,
19__, and shall become a lien on the property thirty
(3b) days 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 of the
Board of County Commissioners, in writing, within
thirty (30) days from the date of the assessment.
3. If the owner fails to pay such assessmen~ within thirty
(30) days after said assessment has been made, the Board of
County Commissioners shall cause a certified copy of the
assessment resolution to be filed in the office of the Clerk of
Courts in and for Collier County, Florida; and the assessment
shall constitute a lien against the property as of the date of
filing such copy with the Clerk of Courts and shall be
collectible in the same manner as liens for non-payment of
property taxes.
4. Collection of such assessments, with interest and a
reasonable attorney's fee, may also be made by the Board of
County Commissioners by proceedings in a court of equity to
foreclose the lien on the assessment in the manner in which a
li~n for mortgages is foreclosed under the laws of Florida; and
it shall be lawful to join in any complaint for foreclosure of
one or more lots or parcels of land, by whomever owned, if
assessed under the provisions of this Section. The property
subject to lien may be redeemed at any time prior to sale by the
owner by paying the total amount due under said lien, including
interest, court costs, advertising costs and reasonable
attorney's fees.
SECTION FIFTEEN: Right To Hearing On Assessment.
1. Within thirty (30} days of the date of assessment, any
owner shall have the right to request a hearing before the Board
of County Commissioners to show cause, if any, why the expenses
and charges incurred by Collier County under this Ordinance are
excessive or unwarranted or why such expenses should not
constitute a lien against said property; ho~ever, nothing
contained in this Section is to be construed to disturb or permit
a review of the determination by the Board of the existence of
the public nuisance under this Ordinance.
2. Public hearings under this Ordinance shall be held by
the Board of County Commissioners upon written application for
hearing made to the Clerk of the Board within thirty (30) days
after the date of assessment described above; and an application
for hearing, properly filed, shall stay the recording of the
assessment until a hearing has been held and a decision rendered
by the Board.
3. If after said hearing the Board dete~nines that the
assessment is fair, reasonable and warranted, the assessment
resolution will be recorded forthwith. If the Board determines
that the charges are excessive or unwarranted, it shall direct
the County Manager to recompute the charges; and the Board shall
hold a further hearing after notice to the cwner upon the
recomputed charges.
SECTION SIXTEEN: Service Of Notice.
1. The requirement of notice under the provisions of this
Ordinance shall be met if such notice is mailed by registered or
certified mail, return receipt requested, to th(~ owner at the
address indicated on the records of the Collier County Property
Appraiser of such lot or parcel of land for ad valorem taxation
purposes, and shall be deemed served when mailed. However, if
such notice is returned by the postal authorities, then the
subject notice shall be adequately given if publi:3hed once a week
for two consecutive weeks in a newspaper of general circulation
in Collier County and a copy thereof posted on the property in
question. Failure of such owner to receive such notice shall not
be deemed to be a defense to any legal proceedings implemented
under this Ordinance. In addition to the foregoing, if there is
an occupied dwelling on such lot or parcel, a copy of the notice
required in this Section shall be served upon the occupant of
said building by mail, or personal service, or by posting a copy
of the notice in a conspicuous place upon the property.
2. If the mailing address of the owner is not known, then
service of notice on any occupant in possession shall be
sufficient. If the mailing address of the owner is not known and
the property is unoccupied, the requirement of such notice under
the provisions of this division shall be met if such notice is
posted on such lot or parcel.
SECTION SEVENTEEN: 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
qr 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.
- 11 -
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 B¢.ard 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.
SECTION EIGHTEEN: Repeal Of Ordinance No. 80-87.
Collier County Ordinance No. 80-87, which established a
Lethal Yellowing Disease Inoculation Program, ks hereby repealed
in its entirety.
SECTION NINETEEN: 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 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: 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 Collier County, Florida, this /6)'~'day of ~'~~ , 1989.
ATTEST=~.. .
~ ~/~G~ES, Clerk
~pproved as to form and
~nda C. Wilson
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
BURT L. SAUNDERS, Chairman
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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. 89-69
which was adopted by the Board of County Commissioners on the
10th day of October, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this llth
day of October, 1989.
JAMES C. GILES .;..id ....
Clerk of Courts and Clerk "'
Ex-officio to Board ~ o' . .
C~u~_Commissioners .~
By: Virginia Magri ' '
Deputy Clerk ~