Ordinance 81-73ORDINANCg NO. 81- 7.3
AN EMERGENCY ORDINANCE I{F.I,ATING TO ABANDONEI) [H1OPERTY
IN COLI,IER COUNTY, FLORIDA, DEFINING TERMS, PROVIDING
FOR PROCEDURES, PI'iNALTIE.G, TIlE EXPENDITURE OF COUNTY FUNDS,
FOR SEVi':RABILITY AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE DOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
Section 1. Findtngn, P~]rpone and Intent:
Since articles of personal property are and will in tho
future be abandoned in the streets and on private property within
the unincorporated areas of Collier County, and since there are
or may in the future be articles of personal property left about
the unincorporated area:~ of thc County other than junk yards; and
since nuch conditions tend to impede traffic in tho streets or
interfere with th~ enjoyment and reduce the value of private
property; invite plundering; create fire hazards and other safety
and health hazards to children and adult~; interfere with the
comfort and we!! being of the public, the purpose of this
Ordinance ~ therefore to provide adequate protection of the
public health, sa fo, fy and welfare which requires that such
conditions bO regulated, abated, or prohibited.
Section 2. Dofinit i-ns
(1) "Abandoned Property" - An used in this Ordinance means
wrecked or deri~lict propnrty having no value other than nominal
salvaqe value which ha~ Im~,n loft abandoned and unprotected from
tho olement~ a;~d ~Ihall include wrecked, inoperative, or partially
dl smant l{,d motor vehicle,, trailer~, boats, machinery,
refl'tgorators, wanhi;~q machinoN, plumbi ;lg fixtur~$, furniture,
and ~ny other similar article which had been loll abandoned and
unprot.oct~,d ~rom the elements.
(2} "County# - meann Collier County, florida.
{.11 "Enforcement O£ficer" - shall bn tho County Manager or
his d~.stgnee, as}~l.tod by any othoy tn¢ltvldual atlthorizod by ]aw,
ordinance, or p~llcy adopted pursuant hereto to enforce tho
provl.ion, of this Ordinance,
(4) "Nominal Salvag~ Value" - an article of abandoned
property ~hall be deemed to have a nominal nalvaqe value unions a
roanonably prudent man would be led to believe thaa
market value of tho property, t.ktn,j into con~td~atto~,
useful lifo. earning capacity or replacement ~.t, ~4esh'
depreciation and ii.mn nf general or npecial depreciation, wou~
be greater than the co.ts of .atvage including th~ re~a~,
,-,
transportation, ntorage and ~alo of name.
(5) "Private Property" - a. used in this Ordi~3nco
all lands anti improve~n~a other than public ;~ands~ and
lmprovomo n t s.
(6) "Public Property" - As used tn thi~ Ordinance moans
canals, all waterways, lands and improvement., owned by a
governmental bolt), or any 9~vernmontal agency including but no~
limited to oaso~nts and rights-of-way.
Section 3. ~l, pllcatlon ~l;i' ;.,
Thin Ordtn~nc~ applic~ to Lbo uulncor~rated aroa~ of
Collier County ,gL~lgl~0l~bo cu.,ulattvo to all S'tate laws, County
and Municipal ordinances ~.~ hereafter snagged.,,,, ..... ._
Section 4, Placement of Ab,'~ndoned Pro~ort~ Prohtb;[t~rl
It shall bo unlawful for any person, firm, or corporation to
abandon personal property upon any public propcr~y, or private
property withot, t receiving such property-owner's consent or in
violation of this Ordinance, or any other applicable law,
ordlnnnco, or regulation.
Section 5. Public Nulsnnce
All abandoned property defined heroin is hereby declared to
be a public nuisance, the abatement of which pursuant to tho
police power is.hereby declared to bo necessary for the health,
welfare and safety of the residents of Collier County.
Section 6. Procedure for Notification
Whenever the enforcement officer shall determine that an
article of abandoned property is present on public or private
prop(:rty, ho shall cause a notice to be placed upon such article
in sub.'~tantially the following form:
"NOTICE TO TIlE OWNER AND ALI, PERSONS INTERESTED IN TIlE
ATTACIIED PROPEWPY." Tho property, to wit: (setting
forth bt[of de~criptlon) is unlawfully upon public or
private property (circle as appropriate) known as
{~etttnq forth a brjt, f description of location) and
must be remove(] within ten (10) days from the date of
this notice; otherwi~]e, Jt she21 be presumed abandoned
property an(] wJ]] be removed and destroyed by order of
the Board of County Commissioners. Dated this (setting
forth tho dote of tho posting of notice) , signed
{setting forth nnmo, title, address and telephone
number of enforcement nfficor).
Such nolice shall be not ]ess than eight (8") inches by
ten (]0") inche.,: an{] shall be sufficiently weatherproof
to with.~tand normal exposure to the elements during the
ten (10) day waiting period. In addition, the
enforcement officer ~hall make rna~onable effort to
a~.certain the name and address of the owner, and if
available shall m~ll a copy of the notice to such
person.
Section 7. Removal of AI,an..~.t.~me.d_~_Pr(_3Dgr_ty
(a) If at the end of ton (10) days after po,ting such
nOtiCe, the owner or any person interested in such abandoned
property described in tho nnttco ha~ not removed same,
onforc~,ment officer may cause tho article or articles of
abandmn,d property to bo removed and destroyed, and Lho salvaged
value, if any, of such article or a~tlc]e~ sh~ll bo retained by
tho local government to be applied against tho cost of removal
and destruction thereof.
(b) Before sale or destruction, any owner or lien holder of
the abandoned property shall be permitted to regain possession
thereof upon proof o! ownership or lien righta entitling the
lienholder to po.session, upon payment of storage charges and
expenne, incurred by the enforcement officer.
Section 8. Immediate Removal
Whenever, in tho Judgment of tho enforcement officer, the
abandoned property constitutes an immediate health or safety
hazard it shall Im immediately removed and stored for a porl~l of
10 day~, if pon~iblo, nnd shall thereafter bo sold or de~troyod.
Sect.ion 9. Ob:4tructlng [,lnforcoment Officer
Whoever opposes, obstructs, or reni,~t~q nny enforcement
officer or any person authorized by the enforcement office in tho
di~cha rge of his duties as provided in this Section upon
conviction shall be guilty of a misdemeanor of tho second degree,
punishable as provided in Subsection 775. 082 or Subsection
775.083.
Section 10. Tro. r~pass Authorized
Any enforcement officer or any person authorizcd by the
enforcement officer shall be immune from prosecution, civil or
criminal, for reasonable, good faith trespass upon real property
while in the discharge of duties imposed by this Section.
Section il. ~t. tr, n of Ru](:S, Exp()nditure of Funds, Declaration
The Board of County Commissioners is authorized and
empowered to adopt rules and regulations and e,,:pend County funds,
as may be reasonably necessary to carry out the terms of this
Ordin[,nc{.~, thn expenditure of such funds being declared a proper
County purposo.
Section 12. Au{her!zed Contracts
Tho Board of County Commissionnrs in authorized to enter
into contracts with any person, firm el corporation, for such
period or periods of time, for such consideration and under such
conditinn~ as ~hall bo doomed necessary and advisable by the
Board or County Commi~:~Joner, for tho purpose of effectuatln~] and
carrying out the provisions of tht~ Ordlna~co.
Section 13. Penn 1 t io.q
Pernons violating th!. Ordinance shall be punished as
provided by law for violation of county ordinances.
Scctinn 14. Sew, rabilit, y of Invalid
If any clause, nec!Ion, or othor part of this Ordinance
~hall be held by any court of competent Jurisdiction to be
unconc, titutinna! or invalid, such emcon.!itu!tonal or invalid
part ~hall be connidered as eliminated nn{t in no wise affecting
the validity of the other provision, of this Ordinance.
Suction 15. ,,F,.mo..,r,c/oncy Declared
Thl~ Board doe. herr:by declare that an emergency exists and
that immediate nnactmont of this Ordinance is necessary, and by
no lens than four-firths (4/Sthn) vote of tho me~orship of tho
Board doe, hereby waive notice of intent to consider this
Ordinance.
A certified copy of this Ordinance, an enacted, shall bo
filed by tho Clerk of tho ~oard with the Department of S~ate of
the State of Florida, as noon after enactment as Is practicable
by depositing the same with the postal authorities of tho
government of the United ~tntes for special delivery by certified
mall, postage prepaid, to the Florida Department of State.
Section 16. Effective Date.
Thin Ordinance shall take effect as provided by law.
PASSED AND DUI,Y ABet'TED by tho Board of County Commissioners
of Collier County, Florida, thiu J,3_~]l_ day of November, 1981.
ATTP:ST:, . DOARD OF COUHT/~ COMHISSIONERS
, . '~' % ,' '~ Chairman
.. : /.. ..,,,,.
"" ~' "' ' ';' ~' suffJ~/ct~~/~~
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COI,LXER )
X, WILLIAM J. REAGAN, Clerk of Courts in and for tho
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that tho foregoing is a true original of:
ORDINANCE NO. 81- 73
which wa,~ adopted by the Board of County CommJsnfoners during
Regular Senslon, via emergency procedure, November 17, 1981.
WITNESS my hand and tho official seal of the Board of County
Commi/1, nionors of Collier County, l.']orida, this 17th day of
November, 1981.
WI ]',L~ AH J.
Clerk of Courts and Clerk
Ex-officio to ~onrd of
County Cc,mini s~ £oners
Deputy Clerk
:', ,>:..
Th~s ordinance flledwlth the Secretary of State'~'0~:tce the :'
~4th day of November, 1981 tnd acknowledgemen~ of tha~ ftllh'g
received this 30th day of November, 1981.