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Ordinance 73-04R,ctt~n~ (mc~) S~o~ $1~I~I'TA~Y O? STATI' March 22, 1973 Mr. Ben D. Driver, Fiscal Officer Board of County Commissioners Collier County Courthouse Naples, Florida 33940 Dear Mr. Driver: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of May 20 and certified copies each of Collier County Ordinances Nos. 73-2, 73-3, and 73-4, which were received and filed in this office on March 22, 1973. The extra copies showing the filing date are being returned for your records. Kindest regards. NK/eh Enclosures Cordially, RICHARD (DICK) STONE Secretary of State Chief, Bureau of Laws BOOK1 PAGE 186-A AN ORDINANCE MAKING IT UNLA~FUL TO PERMIT EXCESSIVE OR UN~ARRANTED GROWTH OR ACCUMULATION OF WEEDS, DEBRIS, TRASH, RUBBISH OR EXPOSED SALVAGEABLE MATERIAL WITHIN ONE HUNDRED (iO0') FEET OF IMPROVED PROPERTY: PROVIDING FOR NOTICE TO CORRECT, APPEAL, CORRECTION BY ~[E COUNTY, PENALTY, AND ASSESSMENT OF COSTS TO THE PROPERTY OWNER. BE IT ORDAINED i~Y THE COUNTY COMMISSION OF COLLIER, FLORIDA, that the Code of Collier County be and is hereby amended to read as follows:. NEEDS,.DEBRIS, RUBBISH AND TRASH Section 1. Prohibited as Public Nuisances. The existence of excessive accumulation or untended growth of weeds, undergrowth or other dead or living plant life; or stagnant water, rubbish, debris, trash and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land to the extent and in the manner that such lot, tract or parcel of land is, or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes., or or endangers the public health, .afety or welfar~°~a~ reasonably cause disease, or adversely affects or impairs welfare of adjacent property, is hereby prohibited and dec~e~to~e public nuisance and unlawful in the following areas: (1)" Within one hundred feet (100') of any improved property, dwelling house or commercial building; (2) Any area deemed to be a hazard to health due to fire or infestation of insects, rodents or disease as deemed by the County or State Health Department; (3) Within any subdivision a plat of which is filed in the Public Records of Collier County, Florida. Section 2. Duty of Property Owners Generally. It shall be the duty of every owner of any lot, tract, or parcel of land within the county to reasonably regulate and effect-' ively control excessive growths'and accumulations enumerated above and to keep the sidewalks in front of his property cleared of excess- ire weeds and grass, and to fill up, drain or reg~ade any lots, grounds or yards, and any other property owned by him which shall be unwholesome or have stagnant water thereon, or which from any other cause is in such condition as to be liable to produce disease or be otherwise unsafe or unsanitary. Section 3. Notice to Remove and Hearing. (A) If the County Manager, or his designee, finds and determines that a public nuisance, as described and declared in Sections 1 and 2 hereof exists, he shall so notify the record owner of the offending property in writing and demand that such owner cause the condition to be remedied. The notice shall be given by certified mail, addressed to the owner, or owners of the property described, as their names and addressee are shown upon the record of the county tax assessor, and shall be deemed complete and sufficient when so addressed and deposited in the United States,.mail with proper postage prepaid. In the event such notice is returned by postal authorities, the County Manager, or his designee shall cause a copy of the notice to be served upon the occupant of the property; or upon any agent of the owner thereof. In the event that personal service upon the occupant of the property, or upon any agent of the owner thereof cannot be preformed after reasonable search, the notice shall be accomplished by physical posting it on the said property. The notice shall be substantially the following form: NOTICE OF PUBLIC NUISANCE DATE: Name of Owner: Address of Owner: Our records indicate that you are the owner(s) of the following property in Collier County, Florida. r;. (description of property) An inspection of this property discloses, and I have found determined, that a public nuisance exists thereon so as to con- stitute a violation of the Code of Collier County in that: (description of the condition which places the property in violation) You are hereby notified that unless the condition above described is remedied so as to make it nonviolative of this ordiance within fifteen (15) days from the date hereof, the county will remedy this condition and the cost of the work, including advertising costs and other expenses, will be imposed as a lien on the property as a tax lien, if not otherwise paid within thirty (30) days after receipt of billing. County Manager (or his designee Collier County (B) l~earing. Within fifteen (15) days after the mailing, serving or posting of this notice, the owner of the property may make written request to the Board of County Commissioners for a public he,ring to show that the condition does not constitute a public nuisance. At the hearing, the County and the property owner may introduce such evidence as deemed necessary. Section 4. Removal by County. If within twenty (20) days after mailing, serving or posting of the notice no hearing has been requested and the condition described in the notice has not been remedied, the County Manager shall cause the condition to be remedied by the County at the expense of the property owner. If a hearing has been held and has concluded adversely to the property owner, the County Manager may cause the condition to be remedied by the County at the expense of the property owner unless'the Board of County Commissioners otherwise directs. Section 5. Same - Collection of Costs and Records. (a) After causing the condition to be remedied, the County Manager~shall certify to the Fiscal Officer the expense incurred in remedying the condition, whereupon such expense shall become payable within thirty (30) days, after which a special assessment lien and charge will be made upon the property, which shall be payable with interest at the rate of six 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 any time by payment thereof including 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. (b) The Tax Collector shall keep complete records relating to the amount payable for liens above described and the amounts of such'liens shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. Section 6. If any section, subsection, sentence, clause, phrase or portion of the 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 and such holding shall not affect the validity of the remaining portion hereof. Section 7. This Ordinance shall take effect upon its passage and as provided by law. APPROVED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY ~ST~.",... ~'k~?'~.i~"~,~t~it Court ' APPROVED AS TO FORM AND LEGALITY: , ..' .............. '"' ~Dav d e~son Brunet Collier County Attorney