Ordinance 2000-051WHICH REGULATES AND CONTROLS LITTER,
WEEDS AND EXOTICS WITHIN THE
UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA; AMENDING SECTION TEN
WHICH REGULATES WASTE MATERIAL
MANAGEMENT TO ADDRESS THE
MANAGEMENT OF CONTAINMENT AREA;
AMENDING SECTION THIRTEEN WHICH
RELATES TO NOTICE OF VIOLATIONS; AND
ABATEMENT PROCEDURES; AMENDING
SECTION FOURTEEN FOR SCRIVENER'S
ERRORS AND MAILING REQUIRMENTS;
AMENDING SECTION EIGHTEEN FOR
CONSISTENCY WITH OTHER SECTIONS;
PROVIDING FOR INCLUSION 1N THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statues, established the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the County by
enacting and enforcing zoning regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners has determined that th~provision for
containment areas on large residential lots would provide an economic benefit to !~co~nunity
at large and if managed appropriately would create a negative impact on the envirp~entl an~
WHEREAS, the height above ground level as well as the covering r~fikera~ntsi~'[
·
recommended to be changed to enhance the economic benefit to the commumty;
WHEREAS, the Board of County Commissioners has determined that the notice of
violation and abatement procedures need to be amended in an effort to modify the notice
procedures to enhance public awareness of the requirements imposed by the ordinance and to
provide for shorter the time frames within which the County may abate violations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendment to Section Ten of Collier County Ordinance No. 99-51, as
amended.
Section Ten of Collier County Ordinance No. 99-51, as amended, is amended to read as
follows:
SECTION TEN: Waste Materials Management
1. Inert waste materials may be buried on a site after a valid building permit
for such site has been obtained and posted and provided that such disposal is in
Words :Waek ~.regg~ are deleted, words underlined are added.
conformance with federal, state, and local laws and regulations. Inert waste materials
which have not been properly buried or disposed of are hereby classified as Litter.
On-site containment of downed trees and other vegetative growth shall be permitted on
residentially-zoned lots exceeding one (1) acre in size and in the Golden Gate Estates
zoned areas and only for vegetative growth which has been cut, cleared or removed on
the same property of the permitted construction, providing all of the following conditions
are met: (a) a valid building permit for construction of a single family home on the
applicable lot has been obtained and is posted before removal and containment of such
growth; (b) the site plan shall identify the location of the containment area; and (c) the
downed trees and vegetative growth are placed into an excavated earthen depression
which does not exceed ~ three (3) feet in depth from the surrounding natural
elevation and does not cover a horizontal surface area greater than nine thousand (9,000)
square feet. All such excavated earthen depressions containing downed trees and
vegetative growth shall not be closer than fifteen (15) feet from the side and rear property
lines or within a public or private easement or right-of-way. w~,~,; ......,~: ....·
nearest point of such excavated earthen depression for containment of on-site downed
trees and vegetative growth shall not be closer than seventy-five (75) feet to any
structure, including private wells. nor closer than one hundred (100) feet to any public
or private right-of-way. All downed trees and vegetative _m'owth contained in such
excavated earthen depression shall be so contained to prevent the protrusion of any such
erowth more than twenty_ four (24) inches above the surrounding natural elevation
including earthen cover. No excavated material shall be removed from the site. Failure to
either remove downed trees or downed vegetative growth from residentially-zoned lots
exceeding one (1) acre in size or Golden Gates Estates zoned properties or to properly
contain such material, as required by this ordinance, shall result in such downed trees
and/or downed vegetative growth being classified as Litter and thereby subject the
property owner, agent, and/or other responsible parties to any and all penalties provided
under this ordinance.
Words :~,:ek ffceagh are deleted, words underlined are added.
-2-
SECTION TWO: Amendment to Section Thirteen of Collier County Ordinance No. 99-51,
as amended.
Section Thirteen of Collier County Ordinance No. 99-51, as amended, is amended to read
as follows:
SECTION THIRTEEN: Notice of Violation
1. Annually, the County Manager or his designees shall publish the Collier County
Litter, Weed and Exotics Control Ordinance and the abatement procedures contained therein
That ordinance shall be published in a newspaper of general circulation for eight consecutive
Sundays beginning with the first Sunday in January. of each year. Whenever the County Manager
A~m~nic. trator or his designee :,~a!! determines that a public nuisance as described in sections
Five, Eight, Ten or Eleven herein exists, he shall cause a notice of violation to be posted on
served ^~ ~*'~ re~'c.~ ....e. c.r .e ;.mer~ c.f said property and at the Collier County Counhous~ by
e~tif-~g-mag informing the owner of said property them of the existence of the nuisance in
substantially the following form:
Code Enforcement Department
Notice of Violation
To:
Date:
Ordinance
Violation Case No.
Property:
Folio:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-
described property. As such, you are hereby notified that the Code Enforcement Director, on
[date]___ determined that a public nuisance exists on your property pursuant to County
Ordinance No. 99- , as amended. caused by:[describe violation].
You are further notified that you shall abate this nuisance within seven (7) ~
days of the date of this notice tett~ by __[describe how to abate]Failing this action on
Words :~-'-zk t.~cugh are deleted, words underlined are added.
-3-
your part, the Board of County Commissioners will cause the nuisance to be abate& YOUR
FAILURE TO ABATE TIlE NUISANCE MAY RESULT IN THE RECORDING OF A
LIEN AGAINST YOUR PROPERTY. The lien shall include the direct cost plus an
administrative fee of up to $200.00 and will be levied as an assessment against the property.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING
YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU
ABATE EACH VIOLATION, YOU MAY W!LL BE CHARGED AN ADDITIONAL
FIFTY DOLLARS AS AN ADDITIONAL ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in
writing, for a hearing before the Board of County Commissioners within fifteen (15) days from
the date of this notice of violation.
2. If the property owner or his agent has not abated the identified nuisance as
described in said notice within seven (7) ~ days from the date of the notice of
violation, the County shall Abate the condition and shall, through its employees, servants, agents
or contractors, be authorized to enter upon the property and take such steps as are reasonably
required to Abate the nuisance. However, the County Manager ^ ~'~;"~'*-*~ in his discretion,
may extend the time allowed for taking corrective action up to 180 days for natural disasters as
determined by the State or Federal government.
SECTION THREE: Amendment to Section Fourteen of Collier County Ordinance No. 99-
51, as amended.
Section Fourteen of Collier County Ordinance No. 99-51, as amended, is amended to
read as follows:
SECTION FOURTEEN: Assessment for Abating Nuisance
1. After abatement by the County or its agent, the cost thereof to the County as to
each parcel shall be calculated and reported to the Collier County Code Enforcement Director or
his/her designee. An invoice and legal notice of assessment shall be mailed ~' ....'~;~ ~'":~ to
the property owner(s) for the cost of abatement. The invoice shall include an initial
administrative fee of One-hundred ($100.00) dollars per parcel of property.
2. In the event the property owner abates the violation, but has received a total of
three notices of violation for separate violations during the property owners ownership of the
referenced property, the County shall mail an invoice and legal notice of assessment ~
mail to the property owner including an initial administrative fee of Fifty ($50.00) dollars and an
Words ......... ~,.. are deleted, words underlined are added.
additional administrative fee of Fifty ($50.00) dollars. Each notice of violation thereafter to the
same property owner shall be processed in the same manner.
3. If the invoice sent by the Code Enforcement Director or her designee is not paid
at the expiration of the twenty (20) days of the date of the legal notice of assessment, the Board
of County Commissioners shall impose a lien against the property. The Board of County
Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall:
A) describe the land and show the cost of abatement, which shall include the initial
administrative expense of One-hundred ($100.00) dollars plus an additional administrative
expense of One-hundred ($100.00) dollars per parcel, or B) describe the land and show the initial
administrative fee of Fifty ($50.00) dollars and the additional administrative fee of Fifty ($50.00)
dollars and an additional administrative fee of One-hundred ($100.00) dollars per parcel. Such
resolution shall constitute a lien which shall run with the property until paid. The resolution
shall also specify that interest shall accrue on the trapaid balance beginning on the date the
resolution is recorded at the rate of twelve (12) percent per annum.
4. ~. The legal notice of assessment shall be substantially in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
<Insert Property Owner's Name and Address>
DATE:
REF. INV.# FOLIO #
LIEN NUMBER:
LEGAL DESCRIPTION:
You, as the owner of the property above-described, as recorded in the records maintained
by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director,
did on ,20 4-9 , order the abatement of a certain nuisance existing on the above
Words a~-'-ek ~.rzug~ are deleted, words underlined are added.
-5-
property prohibited by Ordinance 99-m, as amended and served a notice of violation upon you.
The nuisance is:
[describe nuisance]
You failed to abate such nuisance; whereupon, it was abated by the expenditure of public
funds at a direct cost of $ .00 and an administrative cost of Two-hundred ($200.00) dollars for a
total of [or, You abated the nuisance but caused the County to incur an initial
administrative cost of Fifty ($50.00) dollars and an additional administrative cost of One-
hundred Fifty ($150.00) dollars for a total of Two-hundred ($200.00) dollars.]
Such cost, by Resolution of the Board of County Commissioners of Collier County,
Florida, :hall may become a lien on your property within twenty (20) days of
the Board of County Commissioners of Collier County the '~"+'~ '-~' +'-~o ~'~--..~
assessme~. You may request a hearing before the Board of County Commissioners to show
cause, if any, why the expenses and charges incurred by the County under County Ordinance
No. 99-~., as amended. are excessive or unwarranted or why such expenses should not
constitute a lien against the property. Said request for hearing shall be made to the County
M,,,~,~,. A .~..~+..~+~.. Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in
writing within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT
IN THIS NOTICE WILL RESULT IN A LIEN AGAINST YOUR
SPECIFIED
PROPERTY.
5.
After the expiration of one year from the date of recording of the Lien, as
provided herein, a suit may be flied to foreclose said lien. Such foreclosure proceedings shall be
instituted, conducted and enforced in conformity with the procedures for the foreclosure of
municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which
provisions are hereby incorporated herein in their entirety to the same extent as if such
provisions were set forth herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens,
coequal with the lien of all state, county, district and municipal taxes, superior in dignity to all
other filed liens and claims, until paid as provided herein.
7. After recording of the Lien, the County ~ A~m:.n~.s~atc~r or his designee
may accept partial payment and recommend satisfaction of the Lien to the Board
if he/she determines an error has been made based upon his/her judgment.
Words :m:'ck ~zc~ug5 are deleted, words ~ are added.
SECTION FOUR: Amendment to Section Eighteen of Collier County Ordinance No. 99-
51, as amended.
Section Eighteen of Collier County Ordinance No. 99-51, as amended, is amended to
read as follows:
SECTION EIGHTEEN: Procedures for Mailing Notices
Notices mailed to the violator's address indicated on the records of the Collier County
Property Appraiser of such lot or parcel of land for ad valorem taxation purposes by-mgist-ered-o~
shall be deemed personal service upon the person, for the
purpose of this ordinance. Refusal to accept service of such notices by a property owner or its
agent shall not bar the County from proceeding with enforcement and abatement under this
Ordinance. It is the property owner's responsibility to maintain a current address with the Collier
County Property Appraiser's office.
SECTION FIVE: Conflict and Severability
In the event this ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion 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 and
such holding shall not affect the validity of the remaining portion.
SECTION SIX: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article"
or any other appropriate word with the Department of State.
SECTION SEVEN: Effective Date.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,. Florida, this .~'/~t; day of ~ ,2000.
. DWlGi-iT E. BROCK, CLERK
Ittest as to Chalrnan'$
slitnature on15.
BOARD OF C~Jlhvt~'"L-'lJ~iMISSIONERS
OF COLLI~I~ COUNTY, FLORIDA
BY: '
TIMOTI~. CONST~*rlNE, CHAIRMAN
This ordinance flied with the
Secretary of $tate's Office the
~ doy of ~, ~
Words ~:c~ L~'~ug~ are deleted, words underlined are added?.nd acknowledgemen. t.~of that
~Hin9 received this ~ day
-7- o,
Approved as to form and legal sufficiency:
David C. Weigel, ~
County Attorney (,~
Words :~.:'zk ~.rzt:gh are deleted, words underlined are added.
-8-
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the?
Twentieth Judicial Circuit, Collier County, Florida, do~_~rebo~
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-51
Which was adopted by the Board of County Commissioners on
the 27th day of June, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th day
of June, 2000.
DWIGHT E. BROCK /~ . ........i<:~!
Clerk of Courts and Clerk .~ ~ .~,~
Ex-officio to Board of 3 - .:~b~:.?' ~ "~
County Commissioners ! . '~7:.i':.;' . 'r.
By: Ell~e Hoffman,
Deputy Clerk