Ordinance 2004-11 ORDINANCE NO. 2004- _~
AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AM~:,IDINCfliIR
ORDINANCE NO. 8%69, AS AMENDED, REGARDING INOCULA~3N ~l~l'l~trtl
COCONUT PALM TREES AGAINST LETttAL YELLOWING
EXPANDING TIlE SCOPE OF T}t~ ORDINANCE TO APPLY ~fi~
I'II()ENIX I)ATE PAI~M (iROIIP (I)AI'I~ PAI~M AND CXNARY
PAI~M) AND T() TI IE Cl IRISTMAS i'AI~M' DEl ~E(iATIN(~
RESP()NSIBILITIES TO CODE ENFORCEMENT; AUTltOR1ZING
COUNTY TO TAKE REMEDIAL ACTIONS WITItOUT
INSTRUCTING THE LAND O~ER TO TAKE SUCH
PROVIDING FOR INCLUSION iN TUE CODE OF LAWS-AN
ORDINANCES; PROVIDING FOR CONFLICT AND SEVE~BIEITY[::
PROVIDING AN EFFECTIVI~ DATE.
WHEREAS, Ordinance No. 8%69, as amended, established the Colher, (ount~Lefll~
Yellowing Disease Ordinance; and
WHEREAS, the plant disease know as lethal yellowing affects over thirty (30) palm
species and specifically attacks the coconut palm (Cocos nuci./bra) and the Phoenix date pahn
group (Date Palm and Canary Island) and to the Christmas Palm, thereby posing a continuous
and dangerous threat to the existence of the coconUt palm as a viable plant species; and
WHEREAS, Lethal yellowing poses a threat of substantial damage to and loss of
t roperty, and as such, the threat thereof is considered an "emergency" as defined in Chapter
252, Florida Statutes; and
WItEREAS, the loss and destruction of the coconut pahn would constitute an ecological
disaster as well as an aesthetic and econonfic loss to the citizens and residents of Collier
County; and
WHEREAS, preventive injection of Coconut palms with antibiotics is the only known
and recognized method of suppressing the Lethal Yellowing disease, and results in the
remission or stopping of the Lethal Yellowing symptoms; and
WHEREAS, the continues health of existing Coconut palms promotes the economic
welfare and general prosperity of Collier County, and the welfare of the public would be best
served by a mandatory injection and preservation program to treat and protect the Coconut
palms currently existing within Collier County; and
WHEREAS, Collier County has plenary power to abate public nuisances that affect the
residents and citizens of Collier County, including abate the nuisance of lethal yellowing
disease.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
89-69, as amended, is hereby further amended to read as follows:
SECTION ONE: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Lethal
Yellowing Disease Ordinance".
SECTION TWO: Applicability.
This Ordinance shall apply to and be entbrced in all areas of Collier County except in
each municipal corporation that has then adopted an Ordinance to control the Lethal Yellowing
Disease by removal of trees and/other similar remedial measures.
SECTION THREE: Definitions.
The following words, phrases or terms as used in this Ordinance shall have the fbllowing
meanings unless the context clearly indicates otherwise:
A. PUBLIC NUISANCE: The treat of infection of Ceca'nut covered palm trees
......... ) with a plant disease known as the Lethal Yellowing disease, is hereby declared
to be a public nuisance. All species of r,
....... t covered pahn trees infected with the Lethal
Yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance.
B. COCONUT COVERED PALMS: Means all ce, ce, nut palms trees of the
species Cocos nuc~fera ..... . c~.. ,~ .... , ....~ .......... M I M C
.... v ........................ ,o a ayan or aypan oconut
Palms and the Phoenix Date Palm Group (namely the Date Palm and the Canary Island
Palm, and the Christmas Palm.
C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or
caused by man, which results in or may result in substantial damage to and/or loss of
property.
SECTION FOUR: Declaration of Lethal Yellowing Emergency.
Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and
formalities otherwise required of political subdivisions in order to take whatever prudent action
is necessary to ensure the health, safety and welfare of the community in the event of a state of
emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his
absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby
designated and empowered to declare a local state of emergency in the event the threat of the
Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is
unable to meet. The determination that such an emergency exists in the case of Lethal
Yellowing shall be made upon the recommendation of the Public Services Administrator or
designee.
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SECTION FIVE: Extent of State Of Emergency.
Upon declaration, the state of emergency from the Lethal Yellowing disease shall
continue until a determination by the Public Services Administrator or designee (anticipated to
be the Collier County University Extension) that the threat or danger no longer exists, a
recommendation is made to terminate the state of emergency~ and such termination is approved
by the Board. The State of Emergency shall initially considered to be countywide. Thc areas in
which mandatory inoculation is required shall be designated on the basis of the presence of trees
infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal
veflowing as determined by the Public Services Administrator or designee. The boundaries for
the areas requiring mandatory inoculation shall be set by the Public Services Administrator or
designee. The Public Services Administrator or designee shall remove geographic areas tYom the
area of the State of Emergency ("suppression zone") upon determining that each such exempted
geographic area is not then threatened by the Lethal Yellowing Disease ~d, if previously
infected tree(s) existed in that area, no new case of Lethal Yellowing Disease had occurred
within that geographic area at any time during the preceding two (2) years.
SECTION SIX: Authorized Emergency Measures.
In addition to any other powers confe=ed by law, by the Public Services Administrator or
designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence,
may order and promulgate all or any of the following emergency measures to be effective during
the period of such declared emergency, and with such limitations and conditions as Ih~y may
deem appropriate to protect against damage or loss of property by Lethal Yellowing:
(1) Require the mandatory inoculation of all czcznut covered palm trees in all areas
designated by the Public Services Administrator or designee for inoculation.
(2) Require the removal of all trees infected by Lethal Yellowing, as determined by the
Public Se~ices Administrator or designee.
(3) Utilize all available resources of the County government as reasonably necessary to
cope with the emergency, including expenditures not to exceed Twenty Thousand Doll,s
($20,000.00) in ~y fiscal year, for the su~ey of the existing zzzznut and susceptible covered
palm tree population~, the inoculation of threatened County-owned Czzznut ~overed palms, the
inoculation of threatened privately-o~ed zzczn~at covered palms in non-compliance with this
Ordinance, and the removal of infected trees. ~ ~ .... · ........ ~ ...... , ....~ ....
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(4} Collier County Code Enforcement shall be responsible for makinR property surveys to
determine the location and number of covered palm trees that exist within the required inoculation
zone area (a 100 yard radius from the base of each infected covered palm tree}. Not later than
thirty (30) days after being informed of a Lethal YellowinR Disease outbreak, Code Enforcement
shall provide the survey list to the inoculator and to the Administrator or designee.
($) While in the field and on private property, the inoculator shall wear a shirt with safety
vest with the words "Palm Inoculator" clearly displayed thereon and shall carry a lettei' written
by the designee that explains thc then current Lethal Yellowing Program. The inoculator shall
promptly and in writing provide to Collier County Code Enforcement the street address of each
lot or parcel of land inspected by that inoculator and the number and species of covered palms
located in each such covered palm tree surveyed land area.
The OuS!ic
landowner.
SECTION SEVEN EIGHT: Unlawful Activities and Mandatory Inoculations.
(a~ Upon decimation of an emergency, it shall be unlawful for any owner of any parcel of
l~d within Collier County and within an area designated for mandatory inoculation to keep or
maintain any ~ ...... t threatened covered palm '~'"~,,{ ..... :~- that is not inoculated
: ..... ~.: .... ~~.r~r .... ~ q i dbyth P bli S i Ad i i
....................................... _ as re ure e u c ervces mnstrator
or designee pursuant to this Ordinance.
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(b) '
NOTICE n~
SECTIO?j TEN' t
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ices ................. ~- designee.
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COUNTY OF COLLIER
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PROPERTY:
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NOTICE
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SECTION NINE
Penalties.
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(a) If any person fails or refuses to obey or comply with, or violate any of the provisions of
'his Ordinance, such person, upon a finding of such violation, shall be punished by a fine not to
exceed Five Hundred Dollars ($500.00) for each violation. Each violation or non-compliance
may be considered a separate and distinct offense. Further, each day of continued violation or
non-compliance may be considered as a separate offense.
(b) Nothing herein contained shall prevent or restrict the County from taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawful actions shall include, but shall not be limited to,
an equitable action for injunctive relief or an action at law for damages.
(c) Further, nothing in this Ordinance shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
(d) All remedies and penalties provided for in this Section shall be cumulative and
independently available to the County and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent then allowed by law.
SECTION TEN. 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION ELEVEN: 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 phrase or portion of this Ordinance is 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 effect the validity of the
remaining portion.
SECTION TWELVE. EFFECTIVE DATE.
This Ordinance shall become effective upon receipts of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~'q day of Fe.~ r-_u o_~-¥ ,2004.
ATTEST:
DWIGHT E BROCK, Clerk
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
ThTs ordinance filed with the
Secretory of State's Office the
~- q day of F~l~, , ~'lOOq
and acknowledgement of that
filing received this, ,~J, ,. cloy
of~,~ ,~
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Words underlined are additions, words struck through are deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-11
which was adopted by the Board of County Commissioners
on the 24th day of February, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of February, 2004.
DWIGHT E. BROCK
Clerk of Court~
Ex-officio
County Commi~
By: Linda
Deputy CI~