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Ordinance 79-092ORDINANCE NO. 79- 92 AN ORDINANCE RELATING TO THE MANDA- ToJ~Y NUMBERING OF ALL STRUCTURES; ~'~.~TUTO RY AUTHORIZATION~ FINDINGS ~OF~ FACT; STATEMENT OF INTENT AND .~I~U'I~POSE; . DEFIHITIONS; POSTING OF ~i'OFF. IClAL ADDRESS NUMBER REQUIRED; .~I[lylPTIONS; SPECIFICATIONS; USE OF I:tESENT ADDRESS~ APPLICATION FOR NEW - " ADDRESS NUMBER; COMPLIANCE ~'~B~i~TIII~NLGG TO NEW CONSTRUCTION OR REPAIR$~ APPEAL PROCEDURE; ABROGATION AND GREATER RESTRICTIONS; WARNING AND DISCLAIMER OF LIABILITY; ENFORCEMENT; PENALTIES; SEVERABILITY~ AND, EFFECTIVE DATE. WHEREAS~ the citizens of Collier County, Florida hav~ experienced delays in the arrival of emergency vehicles such as poiice, fire and ambulance; and WHEREAS~ such delays have resulted In unnecessary damage to property and Increased peril to health and life; and WHEREASt the lack of properly numbered structures has often resulted in the mis-routing of delivery vehiclest mail, carriers, and home deliver"y vehicles; and, WHEREAS~ the lack of properly numbered structures has resulted in unnecessary Inconvenience, discomfort and driving for persons unfamiliar with the County; NOW~ THEREFORE, BE IT ORDAINED by the Board ot' County Commissioners of Collier County~ Florida: . SECTION ONE: Statutory Authorization The Legislature of the State of Florida has, In Chapter 125, Florida Statutes~ delegated the responsibility to local governmental units to adopt regulations designed to p~omote the public health~ safer4/ and~t general welfare of Its citizenry. ~ j=~ -T'J SECTION TWO: Findings of Fact. ~ __ ~ The Board of County Commissioners of Collier C~)unty, Pl~orlda,~- after a .public hearing with due public notice,' has determined tl~t. theft.t° . ~ public health~ safety~ comfort, good order~ convenience, and ~j~neral . welfare would best be served by the exercise of the power granted to~ said Board by said Chapter 125, Florida Statutes~ and the adoption of this ordinance. SECTION THREE: Statement of Intent and Purpose It Is the Intent end purpose of this ordinance to promote the public health~ safety and general welfare of the citizens and persons in Collier County~ Florida by requiring the posting of official address numbers on principal or accessory structures for' the purpose of provid- Ing emergency servlces such as flre~ police and ambulance and for the delivery of meil~ official notices~ goods and merchandise and to more easily locate the various points of Interest throughout the County. SECTION FOUR: Definitions Unless specifically defined below~ words or phrases used In this ordinance shall be Interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable applica- tlon. Accessory Structure: An accessory structure Is a structure of a nature customarily incidental and subordinate to the prlncipal structure and, unless otherwise provided~ on the same premises. On the same premises with respect to accessory uses and structures shall be con- strued as meaning on the same lot or on a contiguous lot In the same ownership. Administrative Official: The Dlrector~ Building Inspection Depart- ment is hereby designated as the Administrative Offlclal and shall be responsible for the Implementation and enforcement of this ordinance. Aux!l!ary' Official Address Number: An official ad~lress number used to Identify an accessory structure~ a mobile home within a mobile home rental park, an apartment within an apartment bulldingf or any other structure which has been deter~nlned by the Administrative Official to require an auxiliary official address. Emergency S~,'~ice shall meanf but not be limited to fire and police protectlon~ ambulance servlce and the delivery of medical services by a physician. Lot: For purposes of thls ordlnance~ a lot is a parcel Of land of at least sufficient size to meet minimum requirements of the zoning district in which it ts located, for usa'~ coverage, and area, and to pro.vlde such yards and other open spaces as are required. Such shall have frontage on a public street or on an approved private ~treet and may consist 'of:' a. A single lot of record; b. A portion of a lot of record; c. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; d. A parcel of land described by metes and bounds. Official Address Number: The officlal identlfication number as- signed to a principal or accesory structure by the Admlnistratlve Official for the purpose of providing its expeditious location. Principal Structure: The structure which serves as the principal use permitted in the zonlng dlstrict within which it is located. SECTION FIVE: Posting of Official Address Number Required The owner of a lot upon which a structure is located shall post an official address number on the principle or accesory structure located on said Iot~ in accordance with the requirements of this ordlnance~ within ninety (90) days of the effective date of this ordinance. in addition to posting the official address number on the principal or accessory structure, It shall be required that the owner of a water-. front lot shall also post the offlclal address number on the seawall~ on the end of a dock or pier or on the boathouse~ as the case may apply~ in eccordance with the ordinance, within ninety (90) days of t~f~- tlve date of this ordinance. SECTION SIX= Exemptions A. Vacant unimproved lots upon which no. structures are located. B.. The Administrative Official may grant an exception to the requirements of this ordinance for a ~tructure~ after applica-. tlon for an exception by the property owner and a determtna- tion by the Administrative Official that one or more of the followl~g conditions apply: 1; The structure is unoccupied and there is no need for de- livery of mall~ official notices~ goods and merchandlse~ or emergency services. 2. The ommisslon of an offlclal address number will not result in unusual danger to the public health~ safety and well-being of the property owner or citizens of Collier County. 3. The conditions and circumstances of the ca~e sufficiently distinct and unusual from other cases which normally conform to the requirements of this ordinance that it would result In a severe hardship on the prope~l;y owner to require strict compliance. Distinct and unusual conditions and circumstances Include/ but are not limited to the following: (1) Positlon and .orlentatlon of the structure on the lot. (2) Distance 'of structure from street of prlmary access. Location; state of matul'lty~ and cost of replacement or removal and. relocation of trees and vegetation. (4)The architectural design such that strict enforcement 'will interfere with'the function and utility of the archl~cect'ural theme of th~ structure. (5) In the case of multl-residantial structures and mobile homas~ strict compliance is not reasonably possible due to the arrangement, number and .Iocatlon of units Involved. In the granting of an exception, the Admlnistrativa Official may specify conditions 'and specifications upon which such exception is granted. SECTION SEVEN: Specifications A. Official address number(s) on structures shall be arabic In design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entre/ way or main path of travel which leads to the main entrance from a publlc or private street or shall be otherwise separate- ly mounted in a manner upon the face of a wall or fence or upon · post in the front yard of the lot. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing baneatht but never higher than fifteen (15) feet ·bove. the ·dJoinlng grade. They shell be sufrlclafltly legible as to contrasting background~ ·rrangement, spaci.ng, slze ·nd uniformity of Integers co th·t the number· may be read with ease during daylight hour's by · person possessing at least twenty/forty (Z0/40) vision If he views the numbers from the center line of the abutUng street. The numbers shall be so placed that trees, shrubs a~d"other obstructions do not block the line of sight of the numbers from the canter of the street. Wherever practicable and In accordance with these speci- fications, the official address number shall be placed close to a. light source ·s possible In order to make It mo.r~ visible at night. If not near a light squrce, the number shall bl made of' reflective material. In the case of an apartment building which contains a series of Individual apartment units within a prln~ipal apartment building, the following ah·Il apply: 1. The prlnclpal apartment bulldlng shall be considered as the principal structure and shall be numbered in accord- ance with Sections Five and Seven, A, above. 2.' In addition to the official address number of the main apartmeht building, such number shall Include a by-line Indicating the officlal address number of the apartment unlt(s) within the ap·rrm'ant l~ulldlng and shall be ln- dlcated aa demonstrated In the'following graphl~ draw- lng: 2 2 STRE. ETS.W.--' 'APARTMENTS · 44 TH..RU. 55 · .OFFICIAL ADDRESS ~UMBER AND STREET ~ OF PRINCIPAL STRUCTURe. OFFICIAL ADD.SS NU~]~ER OF ACCESSORY STRUCTURE In the case of a mobile home park, the mobile, home park and the mobile homes within the park shall be n~imbered as follows: 1. The mobile home park shall be considered as the prlncl- '. pal structure and shall be numbered ih accordance ~vith Sections Five and Seven, A~ above. 2. In addition to the official address nu/nbe'r of the moblle home park, each mol~lle home located within the park shall be given an auxiliary official address number which shall be Indicated as demonstrated In the following graphic drawing: 2222 STREET S.W. · 33 ..... OFFiCiaL NUMD~R AND JNAHP- OF' ]40BILEHO~LE PARK ,..' .OFFICIAL ADD~'~S$ ~ NUMnER OF INDIVIDUAL ]40~I L~IIO~.LI: TlR: MODIL~:IIO~E PARK De In inst~nces where · main entrYway of · structure Is not clearly visible from 'a public or private str. eet, the property owner shall be required, In addition to the requirements of SecUon Flve and Sectlon Seven, to post the official address number In a conspicuous place Within ten (10) feet of the point of Intersection of the driveway servlng the structure and the right-of-way of the public street or the easement line Of · p.rivate ~treet as the .c. ase may apply, see drawing below for specific requirements. 2NTERSECTZON OF bRIVLI~IAY AND R/W OF PUBLIC OR I'RI~VATi: STRE~:T ~ OFFZCIAL ADDle:SS NUI4r.£R E. Wherever required by law that the official address number be placed on · mailbox in order to receive U.S. Mall, the pro- perry owner shall be required to post the official address number on both sides of the mailbox in addition to placing the offlclal address number on the prlncipal or accessory struc- ture as required in thls ordinance. required to post the offlclai address number on the seawall, ~he end of the pier or dockv' or on ~he property ownerma boathousev as the case may apply~ according to the following specification s: 1. Official address t~umber(s) shall be arabic in design and have a minlmum height of slx (6) Inches. Such numbers shall be mounted In a secure fashion on the waterside of 'the structure so as to be clearly visible by passing boat operators using the abutting waterway, 2, Official address numbers shall be mounted at a height between tour (4) feet and ten (:10) feet above the abutt- Ing waterway as measured from the National Geodetic Vertical Datum, They shall be sufficiently legible as to contrasting .background~ arrangament~ spacing~ size and unlformity of Integers..so that the numbers may be read with ease during daylight hours by a per;son possessing at least twenty/forty (20/40) vision if he views the numbers from within 100 feet on the abutting waterway, The numbers shall be so placed that other obstructions do not block the llne of sight of the numbers from the abutting waterway. It shall be required that all official address numbers be lighted or refiectorlzed so as to be visible at night by the operator of a passing boat or by shinning a flash- light on the number. The Board of County Commissloners recognizes 'that in the application of the specification, of .this sectlon~ there will be. unusual Instances in which the literal interpretation of this section will create a hardship on the property owner due to~ the great variation In lot sizes~ structure design and Iocatlon upon a lot and the m~:~.i-faceted requirements for numbering of mobile homes wlt.h!n a mobile home park and Indlvldual apartments within a main apartment structure. The Administrative Official is~ t~erefore~ empowered to make reasonable deviations from th'e literal interpretatlon of the specifications of this section provided such deviations will not circumvent the intent and purpose of this ordinance. SECTION EIGHT: Use of Present Address Number It Is not the Intent of this ordinance to change any address num- ber now being used but rather to require that such number be posted as required herein. Present address numbers may be continued in use until such time as new numbers are required by law. SECTION NINE: Application for New Official Address Number Any property owner requlring a new official address number shall apply to the Administrative Official who shall furnish him or her with same. SECTION TEN: Compliance Relating to New Construction or Building Repairs All new construction or building repairs requiring a County build- Ing permit shall comply with the requirements of this ordinance prior to the final electrical InsPection or final building repair Inspection as the case may apply. SECTION ELEVEN:' Appeal Procedure A. The Collier County Board ot County Commissioners shall hear and decide appeals from the requirements of this ordinance. B. The Board of County Commissioners shall hear and decide aPpeals when It is alleged there Is an error in any require- ment, decision, or determination made by the Administrative Official In the enforcement or administration of this ordinance. Such appeal shall be filed with the Board of County Commis- sioners within five (S) days of the alleged error, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. C.There shell be a $S0.00 filing fee for each appeal applied for. D. Any person adversely affected by the declsiori of the Board of County Commissioners may appeal such decision to the cir- cuit court~ aa provided by law. SECTION TWELVE: Abrogation and Greater Restrictions A. This ordinance Is not Intended to repeal, abrogate, or lmpair any existing easements, covenants~ or deed restrictions. However~ where this ordinance and another conflict or over- lap, whichever Imposes the more stringent restrictions shall prevail. B. In the Interpretation and application of this ordinance~ all provisions shall be: (1) considered as minimum requlrm~ef~ts~' (:>) liberally construed in favor of the governing body; anal (3) deemed neither to limit nor repeal any other powers granted under state statutes. SECTION THIRTEEN: Warning and Disclaimer of Liability. The degree of protection required by this ordinance Is considered reasonable for regulatory purposes. This ordinance shell .not create liability on the part of Collier County or by any officer or employee thereof for any damages that' result from reliance on this ordinance or any adminlstratlve declslon lawfully made that&under. SECTION FOURTEEN: Enforcement} Penalties A. Any person or entity who violates any provision of this ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to Institute any appropriate action or proceeding Including sult for Injunctive relief in order to prevent or abate violation of this ordinance. SECTION FIFTEEN: Severability It is declared to be the Intent of the Board of County Commlsslon- ers that if any sectlon, subsection, sentence, clause, phrase or provi- sion of this ordinance is held Invalid or unconstitutional, such invali- dation or unconstitutionality shall not be $o construed as to render Invalld or unconstitutional the remaining provlslons of thls ordlannce. SECTION SIXTEEN.' Effective Dat~. This effective date of this Ordinance shall, be upon acknowledgment from the Secretam/ of State that the ordinance has been fully filed. PASSED AND DULY ADOPTED by the Board of County Commis- sioners of Collier County, Florida this _!1eh day of 1979. ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIA~ J. REAGAN,/~J~RK COLLIER COUNTY, FLORIDA ~ Ds~jr c. "~o~" ~,~n, "~4$/s~g/l!rO ' P~nnl~l~ .~'~p't. 11/12179 STATE OF HJ3RHIA ~ OF COLLIER I, EI[Iii)! $. 15C~ Clerk oi Cotai~ h mn/ /or. the l~mtieth Jtflicial CtrctL~t, Collier County, ~lorl/a, /o ~ereb7 certi~T that the £o~egoing is a true original of ORDIN~ NO, which was adopte~ bF ~he ~a~ of ~ ~-,~ssione~ ~%~ R~ar ~ssl~ ~r'13~ I979 .... . ~ ~ ~ ~, ~ o~i~ .se~ oE ~e ~a~ oE ~ssi~ oi ~lli~ ~, ~ori~, ~'I5~/of 'N~er, 197g ~tlIZL~t $..RFAGA~, Clerk o£ Courts antl Clerk Ex-officio to Board o£ County Oa,,,dssioners This ordinance filed with the Secretary of State's Office the 20th dam of November, 1979 and acknowledgememt of tha~ filing received this 26th day of Novembe , 1979. L