Ordinance 80-032ORDINANCE NO. 80-32
AN EMERGENCY ORDINANCE ESTABLISHING A MANDATORY LET~L~L
YELLOWING DISEASE INOCULATION PROGRAM; DECLARING COCONUT
PALMS SUSCEPTIBLE TO BEING INFECTED WITH LETHAL YELLOW-
ING DISEASE TO BE A PUBLIC NUISANCE; PROHIBITING THE
SALE OF THE COCONUT PALM KNOWN AS THE JAMAICAN TALL;
REQUIRING MANDATORY INOCULATIONS; PROVIDING FOR A
PUBLIC NOTICE; PROVIDINC FOR PR0CEDU~a TO INDICAT~
CO~PLI^NC~.I PROVIDINC NOTICe. TO NON-COM~L¥INC PROPERTY
OWNERS; AUTHORIZING ABATE/~ENT BY COLLIER COUNTY;
VIDING F?R A PUBLIC HEARING' ON THE EXISTENCE OF ~ ~_
NUISANCE, PROVIDING FOR ASSESSMENT ON PROPERTY W~N
A NUISANCE IS ABATED BY COLLIER fOUNTY; PROVIDINd~._ ~ ~
}{EARING TO CONTEST AN ASSESSMENT. PROVIDING A
OF SERVING NOTICE TO PROPERTY OWNERS; CONFLICT AND
SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING
IMMEDIATE EFFECTIVE DATE. ~ ~P
~tEREAS. the plant disease known as lethal yellowing affects
twenty-four (24) plant species especially the coconut palm (cocos
nucifera) and the Christmas palm (vettchta merillii) thereby
posing a continuous and dangerous threat to the existence of the
coconut palm as a viable plant species, and;
WHEREAS approximately 26.275 coconut palms currently exist
within Collier County, and approximately 200,000 coc6nut palms
have already been killed within Florida due to lethal yellowing.
WHEREAS, the loss and destruction of the coconut p~mwom~4TM_
constitute an ecological disa,tar as wall as an aesthet~ and~ ~ -
O ~
economic loss to the citizens and residents of Collier ~unty~ ~
and; ~ ~
WHEREAS. preventive inoculation of coconut palms with
antibiotics is the only known and reco~nized method of suppres-
sing the lethal yellowing disease, and results in remission or
stoppage of 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 an
effective mandatory inoculation and preservation program to treat
and protect the coconut palms currently existing within Collier
County, coupled with a program of planting and placement of
disease-resistant palms in lieu of the cultivars susceptible to
the lethal yellowing disease, and,
WHEREAS, incidents of trees manifesting the symtoms of
lethal yellowing disease have occurred since March 17, 1980 and
that this constitutes a public emergency threatening the health,
welfare and safety of the citizens of Collier County, and
WHEREAS. Collier County has plenary power to abate a nuisance
that affects the residents and citizens of Collier County;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: 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 lethal
yellowing disease or any carrier of said disease are also hereby
declared to be a public nuisance.
SECTION TWO:
It shall be unlawful for any person, corporation, partner-
ship, association or organization to sell or offer for sale,
within Collier County, any coconut palm tree known as the "Jamaican
Tall".
SECTION THREE: Unlawful Activities and Mandatory Inoculations.
It shall be unlawful for any owner of any lot or parcel of
land within Collier County to permit or maintain on any such lot
or parcel of land any coconut palms of the species cocos nucifera
without providing inoculation and treatment for same as approved
by the Director of the Agriculture Department of Collier County.
It shall be the duty and the responsibility of the owner of
any such property or parcel of land to have inoculated any and
all such trees with an antibiotic approved by the Director of the
Agriculture Department of Collier County.
Such inoculations shall be performed three (3) times a year,
approximately every 120 days, with inoculations to be performed
beginning with a time period starting on the effective date of
this Ordinance. with follow-up treatments occurring three (3)
times a year at approximately 120-day intervals followin8 the
initial treatment prosram. In order to comply with the initial
treatment program that begins on the e££ective data of this Ordinance,
all coconut palms (cocos nucifera) shall be treated within thirty
(30) days of a public notice being placed a paper of general
tion in Collier County.
SECTION FOUR: PUBLIC NOTICE
place a public not£ca in a paper of general circulation published
within Collier County, In order to inform the property owners of
their duties and responsibilities under this 0rdinanca.
Such notice shall ba in substantially the following form:
NOTICE OF REQUIRED INOCULATION O~ COCOI~ PAWS
Pursuant to Ordinance No. 80-B2of Collier
County all o~nars of any lot ~azcel o~
land within Collier Catty ar~ r~qu~r~d co
have inoculated all coconut palm trm~m
nucifera) located on their lot or parcel o~
land. Thi~ inoculation ~y b~ donm by m
contractor r~cainmd by ~oll~r ~o~ty or by
any licensed and approved organ~%ation
lng on behal~ o~ any property o~r, with an
~ncib~o~ie approvmd by thm D~ctor o~
Department o~ Agricultur~ o~ Collier
Every coconut palm t~m ~hall bm inoeula~d
within B0 day~ ~rom thm dat~ o~ ~hm publica-
tion o~ ~hi~ no~ic~ ~n a pap~ o~ gmn~zal
circulation in Col~imr County,
SECTION FI~: During th~ ~imm p~iodm mtatmd abov~ ~or
agentm or eoncraccor~ mhall trmat all coconut pmlm~ o~ thm
mp~ciem coco~ nuci~era, unl~m p~oo~ that pzop~ ~noculation
w~chin ck~rcy (30) day~ prior co ~hm ~c~vm dacm o~ ~hi~
Ordinance ha~ been per~o~d Em provided to Collier County,
agents, contractors or e~loyeem, o~ the property o~e~ ham a
pre-ex~scing agreement wi~h an approved ozgmn~%ation, corpora-
t~on, ~ndiv~dual or agency to hav~ h~m~h~r tr~m properly
within thirty (30) day~ ~rom th~ ~ctEv~ dat~ o~ th~ Ordinane~.
An approved organi%mt~on, corporation, Endiv~d~l or
i~ on~ which ha~ been approved ~o pro~d~ th~ tr~at~nt
co abate the lethal yello~ng d~m~a~ by thm D~r~c~or o~
Department o~ Agriculture o~ ~oll~r ~o~ty and which ba~
licensed by the Scats of ~lorida ~par~ent o~ Agr~eultur~ to
perfo~ said treatment.
~e o~er o{ any parcel of lan4 upon which palm trees
located mhall b~ liable ~o~ th{}~nm~a lncurr~4 by
Oil
County, its asante or contractors in treating the affected coconut
palm tree or trees,
SECTION SIX:
Those individuals who do not avail themselves of the treat-
ment provided b7 Collier CountT'l agents, contrectors or amploTaes
as stated above in SECTION FIVE my have their trees inoculated
or treated by an organization, agency or individual licensed and
approved by the Director of the Department of Agriculture of
Collier County provided that the procedure and the antibiotic
used have been approved by the Director of the Department of
Agriculture of Collier County.
All property owners who utilize the procedure contained
within this section must, within five (5) days of having the
treatment performed submit to the Director of the Department of
Agriculture of Collier County an affidavit of compliance in
substantially the following form:
I/we the record owner(s)
of property situated at hereby
(legal description, or street ad'tess)
attest that on I/we inoculated or had (date of inoculation)
inoculated coconut palm trees (cocos nucifera)
(number of trees)
located on the aforesaid property, in accordance with the procedures
approved by the Director of the Department of Agriculture of
Collier County.
Subscribed and sworn to before
me this ..... day of
Notary Public
My Commission Expires:
SECTION SEVEN=
Upon receipt of the affidavits of compliance from the pro-
perry owner or owners as provided in SECTION SIX of this Ordinance,
the Director of the Department of Agriculture of Collier County
may ascertain and make a determination of compliance with the
provisions of this Ordinance.
During the 30-day time period described in SZCTION FOUR for
compliance with the provisions of this Ordinance, the Director of
the Department of Agriculture or his designee shall make a determina-
tion of and compile a list of those Individuals owning land or
parcels of property within Collier Coun:y upon which coconut palm
trees (cocos nucifera) are located who have not complied with the
provisions of this Ordinance. Upon compiling the list of non-
complying property owners, the Director of the Depar:ment of
Agriculture of Collier County shall then cause to be mailed, by
certified, return receipt mail, a notice to those property owners
not complying with the provisions of this 0rdinan=e, · notice in
substantially the following form=
NOTICE
To:
Address:
Property:
You, aa the owner of record of the property above das-
cribed, upon which coconut palm trees ara located are
hereby notified that pursuant to Collier County Ordinance
No. 80-_3/__, the Director of the Department of Agri-
culture of Collier County on the day of ,
1980, has determined thaC a nuisance 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 ·
nuisance within ten (10) days by having said coco-
nut palm or palms treated with an antibiotic approved by
the Director of the Department of Agriculture of
Collier County, failing in which the Board of County
Commissioners of Collier County will have it done
and the cost thereof will be levied as an assess-
ment against such property. You ara further notified
that should you desire to contest the determination
of the Director of the Department of Agriculture of
Collier County of the existence of a public nuisance,
you may apply for a hearing before the Board of
County Commissioners of Collier County. Such request
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for hearing shall ba mede in writing Co the Clerk
of cha Board of County Commissioners within five
days from Cha dace of receipt of this notice.
If the property owner or someone in his behalf has not
abated the nuisance as described in slid notice within ten (10)
days from the date of the giving of notice as &foreseid, the
County shall forthwith abaca cbs same and shall through its
employees, servants, agents or contractors be authorized co enter
upon thc property, and Cake such steps as ara reasonably required
co effect abatement.
Agents, employees, or contractors of Collier County, for
purposes of inspection, taking of specimens, and applying Crest-
manes co cha coconut palms as directed in chis Ordinance shall
have access aC all reasonable hours Co any premise where the
presence of lethal yellowing is suspected.
SECTION EIGHT: PUBLIC HEARING ON NUISANCE.
(a) A property owner may request · public hearing to
contest the deter~tnation of the existence of a nuisince by
requeatin$ same in ~ritins Co the Clerk of the Board of County
Commissioners within five (5) days of the da~e of the notice
provided for above. The Clerk shall sec a dace for said hearing
as expeditiously as possible and shall notify the owner in ~rriting.
(b) Ac said public hearing, Cbs owner or occupant of such
lot or parcel of land or any interested person shall have the
right to present any relevant or m~terial facts or evidence as to
why such loc or parcel does hoc create a public nuisance or ~hy
the cost of the abatement of such nuisance should not be paid for
by the owner of said loc or parcel or why the cost of the abate-
ment o£ such nuisance should not be assessed against such lot or
parcel.
(c) If after said hearing the Board deter-minas that the
condi~ion or situation exists as set forth in the finding of
nuisance, ~he Board shall pass a resolution declaring the nature
of the nuisance, describing the lot or parcel o£ l~nd involved,
or portions of such lot or parcel of land involved, determining
the name of ~he owner of such land, and shall serve a copy of
said resolution on the owner. Said owner shall have five (5)
days from Cbs dace of such resolution to correct the condition
and situation described in such resolution. In case the owner
fails to correct said condition or situation within said five (5)
day period the County shall take such measures as necessary co
abate said nuisance and remedy the condition or situation aec
forth in said resolution and Cbs costs of said work and
administration shall be taxed Co the owner and shall become a
lien against such loc or parcel of land as provided in this
Ordinance. Authorized representatives of the County shall have
the right Co go upon such land. described in said resolution ac
all reasonable times Co abate said nuisance and to remedy che
condition or sicuation found Co exist.
(d) If after said hearing the Board determines that the
condition or situation sac forth in the certified finding of
nuisance and the prima facie determination of nuisance do nec
exist, chert such notice Co the owner or occupant shall be con-
sidered forthwith null and void and of no effect, and no action
shall be taken by the County in regard to such condition aC Chat
time. Notice of such determination shall be forthwith sent co
tbs owner or occupant of such loc or pa=tel of land.
SECTION NINE: ASSESSMENT FOR ABATINO NUISANCE.
(a) As soon after such abatement aa feasible, or upon the
treatment being provided as stated in SECTION FIVE above, the
coat thereof Co the County as to each parcel shall be calculated
and reported to the Board of County Com~aissioners. Thereupon the
Board of County Commissioners, by resolution, shall assess such
cost against such parcel. Such re~oluCion shall describe the
land and show Cbs cost of abatement including administrative
costs actually incurred by the County with respect thereto. Such
assessments shall be legal, valid and binding 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
six (6) per cent per annum on any unpaid portion thereof.
.(b) 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 form:
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
(here describe briefly)
A copy of such notice has bean 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
thtr-~ (30) days after such assessment. You may
request a hearing before the Board of County Commis-
sioners 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 against the property. Said
request for hearing shall be made to the Clerk of
the Board of County Commissioners in writing within
30 days from the date of the assessment.
(c) If the owner fails to pay such assessment within
thirty (30) days after said assessment has bean made,
the Board of County Commissioners shall cause a certi-
fied copy of the assessment resolution to be filed in
the office of tbs Clerk of the 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 the Courts, and
shall be collectible in the same manner as liens for
taxes, with the same attorney's fee.
(d) Collection of such assessments, with interest
and a reasonable attorney's fee, may also be made
by tbs Board of County Commissioners by proceedings
in a court of equity to foreclose the lien of the
assessment in tbs manner in which a lien for mortgages
is foreclosed under tbs laws of Florida, and it shall be
lawful to Join in any complaint for foreclosure any one
or more lots or parcels of land, by whomever owned,
011
if assessed under the prov~sions o£ this
The proper~y sub~ec~ ~o lien may be redeemed a~ any
~ime prior to sale by ~he o~er by payin$ ~he co,al
am~un~ due under said lien in~ludins ~n~eres~, cour~
costs, adver~iein~ costs, and reasonable a~orney*s
fees,
SECTION TEN: RIGHT TO HEARXNG ON ASSESSI{ENT.
(a) Prior to the expiration of the thirty (30) days
provided in this Ordinance any owner shall have a right =o have a
hearing before the Board to sho~cause, if any, why the expenses
and charges incurred by the County under this Ordinance are
excessive or unwarranted or why such expenses should no= cons=i-
tuts a lien against said property provided; that nothing contained
in chis Ordinance ia to be cons=rued =o disturb or permit a
review of the determination by the Board of the existence of =he
public nuisance under this Ordinance.
(b) 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 resolution of assessment described above, end an
application for hearing, properly filed, shall stay ~he recording
of the assessment until a hearin~ has been held and a decision
rendered by the Board.
(c) 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
the County Manager to re-compute the charges and the Board shall
hold a further hearing after notice to the owner upon the
computed charges.
SECTION ELEVEN: SERVING OF NOTICE.
(a) 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 the 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. Failure ok such
owner to receive such notice shall not be deemed to be a defense
to an7 legal proceedings implemented under this Ordinance. Xn
addition to the foregoing, If there is an occupied dwelling on
such lot or parcel, a copy of the notice required in this Ordinance
shall be served upon the occupant o£ said building b7 mail, or
personal service, or in a conspicuous place upon the property.
(b) I~ the mailing address of the owner ia not known then
service of notice on any occupant in possession shall be suffi-
cient. I£ the mailing address of the owner is not known and the
property is unoccupied, the requirement of such notice under the
provisions of this Ordinance shall be met if such notice ia
posted on such lot or parcel.
SECTION TWELVE: CONFLICT AND SEVEP~A~CE..
(a) In the event this Ordinance conflicts with other
applicable law, the more restrictive shall apply. If any portion
o~ this Ordinance is in conflict with an ordinance of any munici-
pality within Collier County, it shall not be effective within
the municipality to the extent of such conflict.
(b) If any section, subsection, sentence, clause, phrase or
portion o~ this Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision of such holding and'shall not affect the validity o£
the remaining portion thereo£.
SECTION THIRTEEN: PENALTIES.
A violation of any provision of this Ordinance is a mis-
demeanor and a violator shall be punished according to law. Each
violation shall constitute a separate offense. In addition to
the civil remedies provided herein, the Board of County Cou~nis-
sioners shall have the power to collaterally enforce the pro-
visions of this Ordinance by appropriate Judicial w~it or pro-
ceeding notwithstanding any prosecution as a misdemeanor.
SECTION FOURTEEN: EMERGENCY.
Be it declared that an emergency exists and the l~maediate
enactment o~ this Ordinance is necessary, therefore, notice
011 r^celOl
requirements are waived and this Ordinance shall take effect
immediately upon its placement in the United States mail to the
Secretary of State.
SECTION FIFTEEN:
The Clark of th~s Board is hereby directed to cause this
Ordinance to be published within tan (10) days of this effective
date in a daily newspaper of general circulation.
SECTION SIXTEEN:
Tbs provisions of this Ordinance shall remain in full force
and effect only until July 1, 1980, at which time it shall be
deemed repealed.
PASSED AND DULY ADOPTED on this ~ day of ~,
1980.
STATE OF FLORIDA )
COUNTY OF COLLIER )
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
eL~F,13RD WENZEL//CHAIRMAN
App~ed as to f~erm~n~al
v- Dor ald A. Pfc~f~fft~'~'-'~ ~' '
Collier Cowry A==o~ey
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true original of:
ORDINANCE NO. 80-32
which was adopted by the Board of County Commissioners during Regular
Session via emergency procedure April 1, 1980.
WITNESS my hand and the official seal of =he Board of County
Commissioners of Collier County, Florida, this 3rd day of April, 1980.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board
County C~mmiseloner~ ' ...-'
BYvt~gir~R Magr ._~ .DePt.
This ordinance filed with the Secretary of State s Of~e the. 8.th.....
day of April, 1980 and acknowledgement of that filing re~d.~his
llth day of April, ~~ , , ~ · '~