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Ordinance 80-040O~INANCE NO. ~0-. ~ AN ORDINANCE ESTABLISHING A MANDATORY LETHAL YELLOWING DISEASE INOCULATION PROGRAM; DECLARING COCONUT PALMS INFECTED WITH THE LETHAL YELLOWING DISEASE TO BE A PUBLIC NUISANCE; PROtIIBITING THE SALE OF THE COCONUT PALM KNO%~N AS THE JAMAICAN TALL I REQUIRIN~ MANDATORY INOCULATIONS; PROVIDING FOR A PUBLIO NOTICE~ PROVIDING FOR PROCEDURE TO INDICATE COMPLIANCE; PROVIDING NOTICE TO NON-COMPLYING PROPERTY OWNERS; AUTHORIZING ABATEMENT, BY COLLIER COUNTY; PROVIDING FOR A PUBLIC ~EARING ON THE EXISTENCE OF A NUISANCE; PROVIDING ~OR~SSES~ ~NT ON PROPERTY ~REIN A NUISANCE IS ABA~Y COLLIER COUNTY; PROVIDING A HEARING TO CONfUCiAN ASSESSMENT; PROVIDING A METHOD OF SERVING ~OT.~E PROPERTY OWNERS; CONFLICT AND SEVERABILIT~.~OVIDING FOR PENALTIES; ESTABLISHING AN EFFECTIVE DATE ~ WHEREAS, the plant disease known as lethal ~6~wi~gaffects twenty-four (2;) plant species especially the coconut pal~ (cocos nucifera) and the Christmas palm (veitchia memillii) thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viable plant species, and; ~4HEREAS approximately 26,275 coconut palms currently exist within Collier County, and approximately 200,000 coconu= palms have already been killed within Florida due ~o le=hal yellowing, and; WHEREAS, the loss and destruction of the coconut palm would constitute an ecological disaster as well ss an aesthetic and economic loss to the citizens and residents of Collier County, and; WHEREAS, preventive inoculation of coconut palms with antibiotics is the only known and recognized method sing the lethal yellowing disease, end results in rem£~sion~ s~oppage of lethal yellowing symptoms, and; WHEREAS, the continued health of existing coconut-~.alms~ 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, Collier County has plenary power to abate a nuisance that affects the residents and citizens o£ Collier County~ NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, SECTION ONE: DEFINITIONS. 1. Public Nuisanoa. The threat of infection of coconut palm crees (cocos nucifera) with a plant disease known as the lethal yellowing disease, is hereby declared to be a public nuisance. Ail species of coconut palm infected with lethal yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. 2. Coconut Palms. Means coconut palms (cocos nucifers) except for the Golden Malayan species. SECTION T~O: IC shall be unlawful for any person, corporation, partner- ship, association or organization to cell or offer for sale, within Collier County, any coconut palm tree known as the "Jamaican Tall". SECTION THREE: Unlawful Activities and Mandatory Inocula~ions. It shall be unlawful for any owner of any lot or parcel of land within Collier County to permit or.maintain on any such 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 o~ the owner any such property or parcel of land to have inoculated any and all such ~rees 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 ninety (90) days from the effec~ive date of this Ordinance, with follow-up treatments occurring three (3) times a year at approximately 120-day intervals ~ollowing the initial treatment program. SECTION FOUR: PUBLIC NOTICE Thirty (30) days prior to the required inoculat~on periods as indicated above, the County Manager of Collier County is 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. 80- 40 of CollieF County all owners of any lot or parcel'of land within Collier County ars required to have inoculated al1 eoennut palm trees (cocos nucifera) located on their lot or parcel of land. This inoculation may be done by a contractor retained by Collier County or by any licensed and approved organization act- ' ins on behalf of any property owner, ~ith an antibiotic approved by the Directo%' of the Department of Agriculture of Collier County. Every coconut palm tree shall be inoculated and the inoculations are to be performed within 30 days from the date of the publica- tion of this notice in · paper of general ' circulation in Collier County, Florida. SECTION FIVE: During the time periods stated above for treatment of coconut palms of the species cocos nucifere, Collier County's agents or contractors shall treat all coconut palms of the species cocos nucifera, unless the owner of the parcel of land on which said trees are located makes provisions to have his/her trees treated by an organization, person, associa~ion or corporation which has been approved to provide the treatment necessary to abate the letb&l yellowing disease by the Director of the Department of Agriculture of Collier County and which has been licensed by the State of Florida Department of Agriculture to perform said treatment. 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 coco- nut palm tree or trees. SECTION SIX: Those individuals who do not wish to avail themselves of the treatment provided by Collier County's agents or contractors s~ated above in SECTION FIVE may have their trees inoculated by themselves or treated by an organization, agency or individual licensed and approved by the Director of the Department of A~riculture 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 ten (10) 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 descripti~n' or'"s'tr&et ~ddress) attest that on I/we inoculated or had (da%6 of ind~dl~ti0n) " inoculated coconut palm trees (cocos nucifera) (~umber of tr~es) located'on the aforesaid property, in accordance with the procedures approved by the Director of the Department of Agri- culture of Collier County. Subscribed and sworn to before me this __day of ,, 19.. .. Notary Public Commission Expires: SECTION SEVEN: Upon receipt of the affidavits of compliance from the pro- perty 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. After the 30-day time period described in SECTION FOUR for compliance with the provisions of this Ordinance, the Director of the Department of Agriculture or his designee shall make a deter- minatfon of a compile a list of those individuals owning land or parcels of property within Collier County upon which coconut palm trees (cocos nuctfera) ara located who have not complied with the provisions of this Ordinance. Upon compi1ing the list of non-complying property o~ners, the Director of the Department 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 Ordinance, a notice in substantially the following form: NOTICE To: Address: Property: You, as the owner of record of the property above des- cribed, upon which coconut palm trees are located are hereb7 notified that pursuant to Collier County Ord/nanca No. 80- , the Director of the Department of Agr~- cultureo--6-/'--~llier County on the day of 1980, has determined that a ncctsahce 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 twenty 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 aa an assess- ment against such property. You are further notified the= should you desire to contest the determ/nation 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 Comnissioners of Collier County, Such request for hearing shall be mede in writing to =he Clerk of the Board of County Commissioners within days from the date of receipt of this notice. If the property owner or someone in his behalf has not abated the nuisance as described in said notice within ~wenty days from the date of the giving of notice as aforesaid, the County shall forthwith abate the same and shall through its employees, servants, agents or contractors be authorized to enter upon the property, and Cake such steps as are reasonably required to effecU abatement. SECTION EIGHT: PUBLIC HEARING ON NUISANCE. (a) A property owner may request a public hearing to contest the de~ermination of the existence of a nuisance by requesting same in writing to the Clerk of the Board of County shall be taken by the County in regard to such condition at that time. Notice of such determination shall be forthwith sent to the owner or occupant of such lot or parcel of land. SECTION NINE: ASSES~/ENTFOR ABATIN6NUISANCE. (a) As soon after such abatement as feasible, or upon the treatment as stated in SECTION FOUR above, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. Thereupon the Board of County Commissioners, by resolution, shall assess such cost against such parcel. Such resolution shall describe the land and show the cost of abatement including ad~!nistraEive costa 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 shelf become due and payable thirty (30) days after the mailing of notice of assess- ment after which interest shall accrue aC the race of six (6) per cen~ per annum on any unpaid portion thereof. (b) The Clerk shall mail a notice to =he record owner or owners of each of said parcels of land described in the resolution, at the last available address for auca owner or owners, which notice may be in substantially the followins form: NOTICE To: Address: Proper=y: You, as the record owner of the prope=ty 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 proper=y, sending you notice thereof, such nuisance bein~ (here describe Briefly) Commissioners within Can (10) days of the data of the notice provided for above. The Clerk shall sec a date for said hearing and shall notify the owner in writing. (b) At said public hearing, the owner or occupant o£ such lot'or parcel of land or any interested person shall have the right to present any relevant or material facts or evidence as to why such lot or parcel does not create a public nuisance o~ why tbs cost of the abatement of such nuisance should not be paid for by the owner of said lot or parcel or why the cost o~ the abate- ment of such nuisance should not be assessed against such lot or parcel. (c) If after said hearing the Board determines that the condition or situation exists as set forth in the finding of nuisance, the Board shall pass a resolution declaring the nature of the nuisance, describing the lot or parcel of land involved, or portions of such loc or parcel o~ land involved, determining the name of the owner of such land, and shall serve a copy cZ said resolution on the owner. Said owner shall have ten (10) days from the date 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 ten (10) day period, the County shall take such measures as necessary co abate said nuisance and remedy the condition or situation set forth in said resolution and the costs of said work and its aam~nistration shall be taxed to the owner and shall become a lien against such lot or parcel of land as provided in this Ordinance. Authorized representatives of the County shall have the right to go upon such land described in said resolution at all reasonable times to abate said nuisance and to remedy the condition or situation found to exist. (d) If after said hearing the Board determines that the condition or situation set forth in the certified finding of nuisance and the prima facie determination of nuisance do not exist, then such notice to the owner or occupant shall be con- sidered £orthwith null and void and of no effect, and no action 011 A copy of such notice has been heretofore san~ 7ou. You ~ailed to abate such nuisance~ whereupon, £C was abated b7 Collier Count7 aC a cos~ o£ ~ . Such cost, b7 resolution of the Board of Commissionara of Collier County, Floride, has been assessed against the above proper~7 on 19 , and shall become a lien on the chr~ (30) days after such assessment. You may request a hearing before ~he Board of County Commis- sioners Co show cause, i~ any, why the expenses and charges incurred by the Councy under Chis Ordinance are excessive or unwarranted or why such expenses should not constitute against the proper~y. Said request for hearing shall be made co ~he Clerk of the Board of County Commissioners in wri~ingwi~hin 30 days from the dace o~ the assessment.. (c) I~ the owner fails co pay such assessment within cherty (30) days after said assessman~ has been made, the Board of County Commissioners shall cause a certi- fied copy of the assessment resolu~ion Co be filed in the o~fica of the Clerk o~ the Courts in and for Collier County, Florida, and cha assessment shall constitute a lien against the property as of ~ha dace of £iling such copy with the Clerk of the Courts, and shall be collectible in ~he same manner as liens taxes, with the sams attorney's (d) Collection o~ such assessments, rich interest and a reasonable attorney's ~ee, may also be made by the Board of County Commissioners by proceedings in a court of equity Co £oreolose the lien o£ ~he assessment in the manner in which a lien for mortgages is foreclosed under the laws o~ Florida, and ic shall be lawful co Join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, if assessed under ~he provisions of Chis The property subject Co lien may be redeemed aC any time prior to sale by ~he owner by paying the amount due under said lien including interest, court costs, advertising costs, and reasonable attorney's. £ees. SECTION TEN: RIGHT TO HEARIN~ ON ASSESSMENT. (a) Prior co the expiration of the Chir=y (30) days pro- vided in ~his Ordinance any owner shall have a right co have a hearing be£ore the Board co show cause, if any, why the axpenses and charges incurred by the County under Chis Ordinance are excessive or unwarranted or why such expenses should nsc consCi- cute a lien agains~ said property provided; ~ha~ nothing contained in Chis Ordinance is Co be construed Co disturb or permit a review of the determination by the Board o£ the existence of the public nuisance under this Ordinance. (b) Public hearings under this Ordinance shall be held by 'the Board of County COmmissioners upon wriCcenapplica~ion for hearing made co the Clerk of the Board wiChin cherty (30) days after the resolution of asseesmenc described above, and an I_.-.J I, .... l t-...-.I application for hearing, properly filed, shall stay the recording of the assessment until a hearins has been held and a decision rendered by the Board. (c) If,.aft~r 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 direct the County Manager to re-compute the charges and the Board shall hold a further hearing.after notice to the owner upon the re- computed charges. SECTION ELEVEN: SERVIN~ 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 ~equested, to the owner et the address iudicated 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 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 Ordinance shall be served upon the occupant o~ said building by mail, or personal service, or in · conspicuous place upon the property. (b) If the mailing address of the owner ia not known then service of notice on any occupant in possession shall be suffi- cient. 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 Ordinance shall be met if such notice is posted on such loc or parcel. SECTION TWELVE: CONFLICT AND SEVERANCE. (a) In the event this Ordinance conflicts with other appli- cable law, the more restrictive shall apply. If any portion of this Ordinance is in conflict with an ordinance of any municipality within Collier County, it shall not be e~fective within the municipality to the extent of such conflict. (b) If any section, subsection, sentanca~ clause, phrlsl or portio~ of 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 holdin8 and shall not affect the validity of the remainin8 portion thereof. SECTION THIRTEEN: PENALTIES. .A violation of any provision of this Ordinance is & mis- demeanor and a violator shall be punished accordin$ to lmm. Each violation shall constitute a separate offense. In addition to the civil remedies provided herein, the Board of CounL-~ Co~s- aioners shall have the power to collaterally enforce the pro- visions of chis Ordinance by appropriate Judicial ~rtt or pro- ceedin~ notwithstanding any prosecution aa a misdemeanor. SECTION FOURTEEN: EFFECTIVE DATE. This Ordinance shall become effective July.l, 1980. PASSED AND DULY ADOPTED on chis 12nd day of April, 1980. BOAKD OF C0~NTY COHHISSIONERS COLLIER COUNTY, FLORIDA Apl~ved as =to/~o!~a~e~a 1 Collier Co~Cy AC~omsy This ordinance filed w~th the Secretary of State's Office the 29th day of April 1980 and acknowledgement of that filing received this 6th day of May, 1980. S'I'ATI~ OF FLORIDA ) COUNTY OP COLLIER ) I, ltlLLIA~ J. ~R~C~, Clerk of Courts in ~nd for the T~ntioth Judicial Circuit, Collier Count),, Florida, to hereby certi/y that the foregoinE is a true oriiinnl of: 80-40 ~hich ~as adopted by the ~oard of County Co.ntssioners during ~gular Sossion April 22, 1980. . lfI~BSS ~y hand and the official seal of the ~oar/of County Commissioners of Collier County, Florida, this 23rd day of April, 1980. HILLI/~ J. Clerk of Courts and Clerk.. ~-officio to ~a~'o~- l~,li~,-- . [ . '~ · . , ,,% .. .. ~j.. ...... , .. ~. .......