Ordinance 78-53ORDINANCE NO. 78-53
AN EMERGENCY ORDINANCE RELATING TO THE MOVING
OF BUILDINGS OR STRUCTURES IN THE UNINCORPOP~.TED
AREA OF COLLIER COUNTY; REQUIRING THE ISSUANCE
OF A PERMIT THEREFOR; PROVIDING STANDARDS FOR
THE ISSUANCE OF A PER/.[IT; PROVIDING THAT IT SHALL
BE UNLAWFUL TO MOVE A BUILDING OR STRUCTURE WITH-. .'
OUT FIRST SECURING A PERMIT; PROVIDING DEFINITIONS
EXCEPTIONS, PENALTIES, DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE.
C~
WliEREAS, it has come to the attention of ~he Board oc°f County
Commissioners that a number of buildings or stz[66~t.~, es i~-th&s
County have been or are being moved from locatt~n the a~a
known as the "Big Cypress Purchase Area" to oth~.=~L%cati~s ~n
Collier County, and _~ m
WHEREAS, in many cases said buildings or structures do not
· meet the current Collier County Building, Electrical, Plumbing
and other related, codes, having been constructed prior to the
enactment of said codes and/or having been allowed to deteriorate
to the point where they no longer meet said codes, and
WHEREAS, said buildings have been or may be moved to locations
where said buildings or structures do not meet current zoning
codes, and
WHEREAS, the movement of said buildings or structures ~ ~
other locations has the effect of defeating the purpo~? of ~ ~
public protection for which these codes were adopted; ~_ o~ f~f%
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY~OMMI~
SIONERS OF COLLIER COUNTY: ~ ~
SECTION I.' It ~hall be unlawful for any person, firm, or corporation
to move any building or structure .~rom any location in the unincor-
porated area of Coliter County to any other location in Collier
County without first obtaining a permit therefor.
SECTION II. A. Permit~ shall be issued' by .the Building Official
of Collier County.
B. No permit shall be issued unless the following
standards are met:
1. The building or structure in its present
location meets all current Building, Electrical and
Plumbing codes as determined by an inspection of the
building or structure.
2. The building or structure, in its present
locatton~ is not a dangerous or hazardous building
as defined by Section Eight of Ordinance 76-70 as..
determined by inspections of the building or structure
by the fire inspector, health inspector, and struc-
tural stability inspector, as the same are designated
by said Ordinance 76-70.
3. The building or structure in its present
location meets all zoning requirements of the zoning
district to which ~he structure is to be moved with
regard to such zoning requirements of the structure
itself such as building area, overhan§s, height,
type of construction, and any other requirements which
may be applicable to structures in the particular
zoning district. It is the intent of this subsection
to require structures to meet these requirements
before the structure is moved.
4. At the time of application for the permit the
applicant shall pay a non-refundable fee of $100.00
which shall be used to cover the costs of the inspec-
tions required herein and other costs of adminis
refine this Ordinance.
SECTION III. A. As used herein, "buildings" shall mean any
structure, either temporary or permanent, having a roof
impervious to weather, and used or built for the shelter
or enclosure of persons, animals, chattels, or property of
any kind. This definition shall include tents, awnings,
cabanas, or vehicles situated on private property and
serving in any way the function of a building, but does
not include screened enclosures not having a roof impervious
to weather.
B. As used herein, "structure" shall mean anything
constructed or erected which requires a fixed location on
the ground, or in the ground, or attached to something
having a fixed location or or in the ground.
SECTION IV. The provisions of this Ordinance shall not apply to
the following buildings or structures:
A. Temporary construction sheds or trailers when being
placed temporarily on property during the construction process by
a person or firm engaged in the business of construction. ,, ..
B. "Lawn sheds" or similar small buildings for storage on
residential lots.
SECTION V. Penalty.
Violation of this Ordinance is punishable as provided by law
for the violations of county ordinances. Each day an offense
exists shall be considered a separate offense. Prosecution as a
misdemeanor shall not preclude other remedies available in law
and equity.
SECTION VI. Severability.
It is the intention of the Board of County Commissioners
that each separate provision of this Ordinance shall be deemed
independent of all provisions herein, and it is further the
intention of the Board of County Commissioners that if any
provision of this Ordinance be declared to be invalid, all other
provisions shall remain valid and enforceable.
SECTION VII. Emergency and Effective Date.
Be it declared that an emergency exists and the immediate
enactment of this Ordinance is necessary, therefore, notice
requirements are waived and this Ordinance shall take effect
immediately upon its placement in the United States mail to the
Secretary of State.
This Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED this 10th day of October, 1978.
BOM OF COUNTY CO~ISSIO~RS
COLLIER CO~TY, FLORIDA
~,o~ A. PIS~O~
'"/ / Chairman
Approved 'as ~o~ and legal
Don~I~ A.'-~ckwOr th
Collier County Atto~ey
This ordinance filed with the Secretary of State's Office the
13th Day of October 1978 and acknowlegment o~.that filing
received this 16th D~Y_Pf October, 1978./
STATE OF FI,ORIDA )
COUNTY OF COLLIER )
I, WILLI~ J. REAGAN, Clerk of Courts in and for the ~.mntieth
Judicial Circuit, Collier County, Florida, do hereby certify that
the foregoing is a true original
ORDINANCE NO. 78-53
which was adopted by the Board of County Commissioners during
Regular Session ' October 10 ..., 1978.'
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day. of
October .,, 1978.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
.(