Ordinance 77-29ORDINANCE NO. 77-29
AN ORDINANCE RELATING TO WORK IN TIlE PUBLIC
RIGHTS-OF-WAY; REQUIRING A PERMIT FOR WORK IN ~IE
PUBLIC RIGHTS-OF-WAY; PROVIDING STANDARDS FOR THE
ISSUANCE OF PERMITS; PROVIDING AN APPEAL PROCEDURE
WHERE PERMITS ARE DENIED; PLACEMENT OF OBJECTS
GROWN, CONSTRUCTED OR PRESENTLY EXISTING IN THE
PUBLIC RIGHTS-OF-WAY; PERMIT TO RETAIN OBJECTS
GROWING, TO BE CONSTRUCTED OR EXISTING IN THE
PUBLIC RIGHTS-OF-WAY ; PROVIDING AUTHORITY TO
REMOVE OR DISPOSE OF DETRIMENTAL MATERIALS LOCATED
WITHIN ~{E PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE
ASSESSMENT OF COSTS AGAINST THE RESPONSIBLE PARTY;
PROVIDING FOR A M~THOD OF APPEAL OF ASSESSMENT;
PROVIDING A PENALTY; PROVIDING FOR CONFLICT AND
SEVERANCE; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE: PURPOSE
This Ordinance is intended to protect the public
against hazards resulting from private construction in the
public rights-of-way and to protect the structural and
physical integrity of County-owned facilities and materials
including, but not limited to soils, bridges, roads and
drainage facilities. It is to be liberally construed to
produce that result.
SECTION TWO: DEFINITIONS
tions shall obtain: ~
1. Offending Material: ~ ~
All objects placed, grown, or constructed in the public
rights-of-way, without a permit, which endanger the public,
damage the roadway, restrict planned or pre-engineered
drainage, impair normal maintenance by the County, or have
the potential to do any of the foregoing. The definition of
offending material shall not include objects placed, grown,
or constructed in the public rights-of-way which con~titu~
a part of the right-of-way landscaping design of an ~J~pFo~d
subdivision, as evidenced by the Final Construction .~_s--
and Specifications of said approved subdivision ~m~ ~'~ ~
2. Responsible Person: ~ ~ ~
a. Shall mean the ~erson, firm, governme~ :~
agency corporation, association, depa~men~
or authori~y under whose control and ~re~on
offending materials have been placed in the
Collier County right-of-way; or
b. Where the identity of the party, under whose
control and direction the offending material
was placed in the right-of-way, remains unknown
after diligent inquiry, shall mean the owner of
the property upon which the offending material
has been placed.
3. Existing Facility:
Shall mean any hole, excavation, obstruction, construction,
or other distrubance of the existing structure and compaction
of the soil in any public right-of,way, completed prior
to the adoption of this Ordinance, for which a permit has
not been granted.
SECTION THREE: PERMITS
1. It shall be unlawful for any person, firm, govern-
mental agency, corporation, association, department or
authority, to dig, excavate, obstruct, place any constructions
or other materials, or perform any other work which disturbs
the existing structure and compaction of the soil in any
right-of-way provided for the public use in the unincorporated
areas of Collier County, Florida, without first obtaining a
permit for such work from the County Engineer, or as specified
in Public Rights-of-Way Construction Standards Handbook.
2. Application for permit shall be made on forms
rovided by the County and such application shall include,
ut not be limited to, the following information:
a. The location of the construction;
b. The type of facility to be constructed;
c. The method of construction to be used;
d. The expected time for completion of construction;
The permittee shall be held responsible for the conditions
of the permit a~d for a reasonable fee as established by the
Board of County Commissioners sufficient to defray the
County's cost of processing his application. Application
shall also include sketches and drawings in duplicate to
show completely the nature of the proposed construction.
3. a. The County Engineer shall approve the application
and issue the permit within ten (10) working
days or notify the applicant of the reasons
for the delay or denial. If a notice of
delay is issued, that notice shall state the
maximum time period within which the County
Engineer shall take action. If no time
period is stated in the notice of delay, the
permit shall be deemed to be denied if no
action is taken by the County Engineer within
thirty (30) days of the issuance of the
notice of delay. The expiration of the
thirty (30) day period shall thereupon act as
a Notice of Denial.
b. Where the County Engineer denies the issuance
of a permit, the applicant may rppeal by
filing a written notice of appeal with the
County Commission, with a copy to the County
Clerk, within ten (10) working days after
receipt of the Notice of Denial. The applicant
may then appear before the Commtssione and
present facts supporting his position.
There-after, the decision of the County
Commission shall be final.
4. a. Permits shall not be issued unless the proposed
construction conforms to one of the followinM;
in the case of any conflict, the more restrictive
shall apply:
(1) Handbook for Collier County Standards for
Construction Within Public Rights-of-Way
(Current Edition).
(2) Construction methods or specifications con-
tained in Florida D.O.T. Standard Specifica-
tions for Road and Bridge Construction.
(Current Edition).
(3) Manual of Uniform Minimum Standards for
HANDBOOK LOCATED IN
DOCUMENT FILES - '
"ORDINANCES - EXHIBITS"
Design, Construction and Maintenance for
Streets and Highways. (Florida Department
TransportaLlon, Curret%t Edition)
In the event standards for the proposed con-
struction are not contained in the references
listed in 4.a., the County Engineer, guided
by sound engineering principles, shall, in
his discretion, determine the advisability of
granting a permit for the proposed construction.
5. The County may, in its sole and unrestricted dis-
cretion require a bond deposit, or other security, sufficient
to guarantee adequate, proper and faithful performance of
the proposed use of the public right-of-way by the permittee.
6. All work performed under the permit shall be at
the complete expense of the permittee.
SECTION FOUR: REMOVAL.OF OFFENDING MATERIAL
1. Any offending material shall be deemed a public
nuisance and be subject to removal by County forces.
When apprised of the presence of offending
material, the County shall notify (by certi-
fied mail with return receipt) the responsible
person or persons; such notification shall
require the removal of the offending material
within thirty (30) days.
After expiration of the thirty (30) day
period the County shall cause the offending
material to be removed and disposed of in a
reasonable manner at no expense to the County,
and at the complete expense of the responsible
person or persons.
If deemed critical to the safety of the
traveling public the offending material may
be removed without notice to and at the
complete cost of the responsible person or
persons, and at no expense to the County.
After removing the offending material and
after notifying the responsible person (by
certified mail with return receipt), the
County Engineer shall certify to the Fiscal
Officer the expense incurred in remedying the
condition, thereupon such expense shall
become payable within thirty (30) days, after
which a special assessment lien and a charge
will be made upon the property of the responsible
person, which shall be payable with interest at
~he rate of six (6%) percent per annum from the ,
date of such certification until paid. Such lien
shall be enforceable in the same manner as a
tax lien in favor of Collier County and may be
satisfied at anytime hy payment thereof including
any accrued interest. Notice of such lien may
be filed in the office of the Clerk of the :,..
Circuit Court and recorded among the public
records of Collier County, Florida.
[_ Ll [:/3 L_-::I_
If the responsible person feeXs that the
expense certified by the County En§ineer to
the Fiscal Officer for removal of the offending
material is excessive, he may appeal the
amount assessed by filing a written notice of
appeal with the County Con~£ssion, with a
copy to the County Clerk, within ten (10)
working days after the notice of removal.
The responsible person may then appear before
the Commission and present facts supporting
his position. Thereafter, the
decision of the County Commission shall be
final.
The Tax Collector shall keep complete records
relating to the amount payable for liens, as
described in Section Three, 1.d. and the
amounts of such liens shall be included in
Tax Statements thereafter submitted to the
owner of lands subject to such liens.
2. During the execution of any authorized work in the
public right-of-way, Collier County shall not be held responsible
or liable for the destruction of any existing facility
located or placed in thc public right-of-way without prior
approval by the County.
SECTION FIVE: PENALTY, SEVERABILITY, CONFLICT, AND EFFECTIVE
DATE.
1. Penalty: Any person, firm, corporation, association
governmental agency, department or authority violating any
provision of this Ordinance, or the conditions of a permit
issued hereunder, shall be guilty of a misdemeanor of the
second degree, punishable as provided in Section 775.083 of
the Florida Statutes, and shall upon conviction be punished
according to law. Each day the violation continues shall
constitute a separate offense.
2. Severability: If any section, sub-section, clause,
sentence or phrase of this Ordinance is for any reason held
unconstitutional or invalid, the invalidity thereof shall
not affect the validity of any remaining portions of this
Ordinance.
3. Conflict: Should this Ordinance conflict with
other law, the more restrictive shall appl:,, If any part of
this Ordinance conflicts with any other part, it shall he
severed and the remainder shall have full force and effect
and be liberally construed.
4. Effective Date: This Ordinance shall become
effective upon becoming law.
DATED: June 7, 1977
;"'~AI LLIAM/J~,AN
.. ., . Clerk
,~ ... ·
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Collier County Attorney
This ordinance filed with the Secretary of State's office the 10th day
of June, 1977 and acknowled~mnt of that filing received this l~th day
of June, 1977.
STATE OF FLORIDA )
COUNTY OF COLLIER )
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. 77-29
which was adopted by the Board of County Con~issioners
during Regular Session June 7, 1977.
WITNESS my;'hand and the official seal of the Board
of County Commissioners of Collier County, Florida, this
8th day of June, 1977.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners