Agenda 11/18/2014 Item # 10ARecommendation to authorize the County Attorney to amend Ordinance 2005 -44 to
remove composting restrictions and to advertise for future consideration a new
ordinance establishing composting regulations.
OBJECTIVE: To create a green method alternative for growing vegetation in Collier
County, to reduce the need for residential homes to use chemical fertilizers, and specifically
to promote greener gardening methods.
CONSIDERATIONS: In 2007, the Board of County Commissioners considered creating a
composting ordinance to promote greener gardening and landscaping methods for residential
homes; however the Board chose not to move forward.
The U.S. Environmental Protection Agency promotes composting on its website at
http: / /www2.epa.L,ov /recvcle /composting -home and documentation is included in backup.
Compost is organic material that can be added to soil to help plants grow. Food scraps and
yard waste currently make up 20 to 30 percent of trash, and should be composted instead.
Making compost keeps these materials out of landfills where they take up space and release
methane. a potent greenhouse gas. See Exhibit C.
All composting requires three basic ingredients:
• Browns - This includes materials such as dead leaves, branches, and twigs.
• Greens - This includes materials such as grass clippings, vegetable waste, fruit scraps,
and coffee grounds.
• Water - Having the right amount of water, greens, and browns is important for
compost development.
Compost piles must have equal amounts of browns to greens with alternate layers of organic
materials of different -sized particles. The brown materials provide carbon for your compost,
the green materials provide nitrogen, and the water provides moisture to help break down the
organic matter. Meats, dairy. animal products, diseased plats and fats should be excluded from
the composting ordinance to create clear guidelines for residents.
See Exhibits C and D which outline acceptable compost materials. Finished compost
becomes a free soil amendment and fertilizer for the garden and reduces landfill waste.
Benefits of Composting
• Enriches soil, helping retain moisture and suppress plant diseases and pests.
• Reduces the need for chemical fertilizers.
Packet Page -348-
11 /18/2014 10.A.
• Encourages production of beneficial bacteria and fungi which break down organic
matter to create humus, a rich nutrient -filled material.
• Reduces methane emissions from landfills and lowers the carbon footprint.
Exhibit A, Ordinance 2005 -44, outlines what needs to be modified or eliminated in this
ordinance to avoid conflict with the potentially new Compost Ordinance to come before the
Board at a future meeting for final consideration. Ordinance 2005 -44 would be amended as
follows:
SECTION FOUR: Definitions
8. LITTER- any discarded, used, or unconsumed substances or wastes. Litter shall include, but
shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers and
magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings,
liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots,
undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor
vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners
and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind,
any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of
any unsightly nature, which may have been discarded, abandoned or otherwise disposed of
improperly. Litter shall not include horticultural wastes, such as palm fronds. that have accumulated
on public or private property as the result of natural conditions.
SECTION TEN: Waste Materials Management
Exhibit B is the proposed Compost Ordinance outlining clear regulations regarding this
gardening activity.
FISCAL IMPACT: None at this time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation to authorize the County Attorney to amend
Ordinance 2005 -44 to remove composting restrictions and to advertise for future
consideration a new ordinance establishing composting regulations.
Prepared by: Commissioner Tom Henning
Exhibits: A) Ordinance 2005 -44 Proposed Amendment, B) Proposed Compost Ordinance; C)
EPA Compost Info; D) TreeHugger Compost Dos and Donts
Packet Page -349-
b
required by this OFdinafiee, shall fesuit in sueh downed trees
and,lor
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gfowth
being
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any and all penalties p
Exhibit B is the proposed Compost Ordinance outlining clear regulations regarding this
gardening activity.
FISCAL IMPACT: None at this time.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: Recommendation to authorize the County Attorney to amend
Ordinance 2005 -44 to remove composting restrictions and to advertise for future
consideration a new ordinance establishing composting regulations.
Prepared by: Commissioner Tom Henning
Exhibits: A) Ordinance 2005 -44 Proposed Amendment, B) Proposed Compost Ordinance; C)
EPA Compost Info; D) TreeHugger Compost Dos and Donts
Packet Page -349-
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.A.
11 /18/2014 10.A.
Item Summary: Recommendation to authorize the County Attorney to amend Ordinance
2005 -44 to remove composting restrictions and to advertise for future consideration a new
ordinance establishing composting regulations. (Commissioner Henning)
Meeting Date: 11/18/2014
Prepared By
Name: SmithCamden
Title: Executive Coordinator to Commissioner,
11 /5/2014 1:42:16 PM
Approved By
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: l 1/] 2/2014 3:17:41 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: l 1/] 2/2014 3:28:03 PM
Packet Page -350-
paoP 1 of')
11 /18/2014 10.A.
WrightJeff
From: WrightJeff
Sent: Wednesday, October 17, 2007 5:44 PM
To: scribnerdavid; arnold m
Cc: weigel –d; KlatzkowJeff
Subject: Litter and Palm fronds
Michelle and David—
As you know, on 10/9, the BCC discussed the litter ordinance, as it applies to horticultural wastes (in particular,
palm fronds). Referencing Section 10.1.e of Ordinance No. 2005 -44, the Board voted (unanimously) to "direct the
County Manager to direct staff to delete this language from the ordinance, bring it back to the Board for approval,
and suspend enforcing this part of the Code...."
Shortly thereafter, we received an RLS from David Scribner, requesting clarification on the "direction Code
Enforcement should be taking" in light of the BCC's direction.
RESPONSE TO RLS
To be consistent with the express direction of the BCC, it is necessary to suspend enforcement of Section 10.1.e
of the Litter Ordinance (see below). In addition, I believe that, in order to follow the spirit of the Board's direction,
it would be appropriate to suspend enforcement of any portions of the Litter Ordinance that support an NOV for
palm fronds or similar "horticultural wastes ".
For cases that have already been cited and may be heading to the OSM or CEB, I would suggest taking a look at
the facts of each case, and if the case involves (a) a violation of Section 10.1.e of the Ordinance; or (b) any "litter
violations" involving palm fronds or other "horticultural wastes," further enforcement should be suspended (i.e., put
the case on hold, or drop the case, pending resolution of the BCC's concerns). If there are questions on a
particular case(s), I'm available to answer them.
PROPOSED CHANGES FOR BCC APPROVAL
As for the revisions requested by the BCC ( "delete this language from the Ordinance, bring it back for
approval..."), my first "stab" appears below. I believe it would be consistent with the Board's express direction if
we simply deleted Section 10.1.e. However, in order to ensure we've captured the spirit of their direction, it would
be appropriate to review the definition of Litter (that's why I have highlighted suspect areas and added a potential
exemption – for your consideration – for naturally occurring palm fronds).
I hope this is responsive to the RLS request. I believe the County Manager has directed your Department (D.
Scribner) to carry out the BCC's direction. The highlights and suggested changes below should provide a starting
point. Please let me know if you need anything else. Thanks.
Jeff Wright
252 -5740
Ord. 2005 -44
SECTION FOUR: Definitions
8. LITTER – any discarded, used, or unconsumed substances or wastes. Litter shall include, but
shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers and magazines),
glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than
uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced
by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease,
hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any
obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian
hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise
4/17/2008
Packet Page -351-
Paaa 7 nil
11 /18/2014 10.A.
disposed of improperly. Litter shall not include . horticultural wastes, such as palm.__fronds, that have . accumulated
on public or private.propety as the result of_ natural_ conditions.
SECTION SEVEN: Unauthorized Accumulation of Litter
Any Unauthorized Accumulation of Litter in or upon any property, vacant or improved, or on or upon any
public street, alley or other public or private place is a violation of this Ordinance. Any property owner, tenant,
occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved
or unimproved, is hereby declared to be in violation of this Ordinance where any such Unauthorized Accumulation
of Litter is maintained or is allowed to remain on such property.
SECTION TEN: Waste Materials Management
..................................................... ...............................
4/17/2008
Packet Page -352 -
11 /18/2014 10.A.
W1• 11
ORDINANCE NO. 2008-
AN ORDINANCE CREATING THE COLLIER COUNTY RESIDENTIAL
COMPOSTING ORDINANCE; PROVIDING FOR NAMING OF THE
ORDINANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR
COMPOSTING STANDARDS; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County, Florida, has directed staff to
implement methods of solid waste management to extend the life of the Collier County Landfill; and
WHEREAS, composting recycles organic household and yard waste into compost, which returns
needed organic matter to the soil; and
WHEREAS, composting reduces the amount of waste going into the Landfill.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known as the Collier County Residential Composting Ordinance.
SECTION TWO: DEFINITIONS.
As used in this Ordinance, the terms and phrases are defined as follows:
1. Compost: A mixture of decayed organic matter.
2. Composting: An above ground microbial process that converts yard waste and certain
household food waste to organic soil or mulch by decomposition of material through an aerobic process
providing adequate oxygen and moisture.
3. Compost Bin: A container which is designed for the purpose of allowing non - living plant
material and certain food waste to decompose for use as organic soil or mulch, which may be constructed
of wood, wire mesh, a combination of wood and wire or a commerci ally fabricated compost bin designed
to contain composting materials.
4. Woody Yard Waste: Hedge or tree trimmings and twigs (1/4 inch diameter or greater) or
Christmas trees. Packet Page -353-
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11 /18/2014 10.A.
lixar i
SECTION THREE: COMPOSTING STANDARDS.
Composting is permitted on residential properties having up to four (4) dwelling units provided
that all of the following conditions are met:
1. Permitted Composting Materials. Only yard waste, fruit and vegetable scraps, coffee
grounds, egg shells, hay, straw, untreated sawdust, sod and manure from herbivorous animals generated
from the site on which the compost is located are permitted composting materials. In addition,
commercially available ingredients specifically designed to speed or enhance decomposition can be
placed in the composting structure.
2. Prohibited Composting�Materials. The following materials shall not be placed in the
composting structure: woody yard waste, meat, bones, fats, oils, whole eggs, dairy products, unshredded
branches or logs, weeds heavily loaded with seeds, plastics, synthetic fibers, human or pet waste,
diseased plants or any other garbage or refuse except for those permitted in #I above.
3. Composting Bin. All composting materials must be contained in a bin which may be
constructed of wood, wire mesh, a combination of wood and wire or in commercially fabricated compost
bins designed to contain composting materials. A maximum of one (1) composting bin is allowed per
lot.
4. Composting Bin Size. Composting shall be conducted within a bin not to exceed a total
of five hundred (500) cubic feet (for example, 10 ft. by 10 ft. by 5 ft.) in volume. Maximum height of the
composting bin shall be five (5) feet.
5. Location. The composting bin shall be located in the rear yard of the property and be at
least five (5) feet from the property line, or thirty -five (35) feet if the property line is also a street line, and
no closer than twenty (20) feet to any habitable building, other than the resident's own home.
6. Maintenance. The compost shall be managed in keeping with standard compost
practices which include adequate air circulation and moisture to prevent combustion and objectionable
odors to adjacent properties.
7. Nuisance. The operation_ of a composting bin in a manner that results in objectionable
Packet Pa e -354 -
offsite odors and/or the placing of prohibiL�. II1aL%1I 'a 11. u „ omposting bin to create a health hazard is
11 /18/2014 10.A.
SECTION FOUR: ENFORCEMENT.
This Ordinance shall be enforced in the same manner as that described in Ordnance No. 2005 -44.
SECTION FIVE: PENALTIES.
Penalties for violations of the provisions of this Ordinance shall be assessed in the same manner
as that described in Ordinance No. 2005 -44.
SECTION SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relettered
to accomplish such and the word Ordinance may be changed to "section", "article" or any other
appropriate word.
SECTION SEVEN: 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 the 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 affect the validity of the remaining portion.
SECTION EIGHT: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of , 2008.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
Approved as to form and
legal sufficiency:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
U-12
JAMES COLETTA, Chairman
Packet Page -355-
Composting At Home I Reduce, Reuse, Recycle I US EPA
Menu
'�/ [m mnmyrnlClFrQGCl;:gn
Composting At Home
Composting Resources
• Composting Fact Sheet and how -to Guide (PDF) (2 pp, 603.66K)
• Cornell Waste Management Institute's Small Scale Composting;_i.'a!,:
• Find a Composter,_,J,
Page l of')
11/18/2014 10.A.
Compost is organic material that can be added to soil to help plants grow. Food scraps and yard
waste currently make up 20 to 30 percent of what we throw away, and should be composted
instead. Making compost keeps these materials out of landfills where they take up space and release
methane, a potent greenhouse gas.
All composting requires three basic ingredients:
Browns - This includes materials such as dead leaves, branches, and twigs.
Greens - This includes materials such as grass clippings, vegetable waste, fruit scraps, and
coffee grounds.
Water - Having the right amount of water, greens, and browns is important for compost
development.
Your compost pile should have an equal amount of browns to greens. You should also alternate
lavers of organic materials of different -sized particles. The brown materials provide carbon for your
compost, the green materials provide nitrogen, and the water provides moisture to help break down
the organic matter.
NVhat To Compost
What Not To Compost and Whir
Black walnut tree leaves or twigs
- Releases substances that might be harmful to plants
Coal or charcoal ash
- Might contain substances harmful to plants
Packet Page -356-
http: / /w,ww2.epa.00v /recycle /composting -home 11/6/2014
Composting At Home I Reduce, Reuse, Recycle I US EPA
Pate 2 of 3
11 /18/2014 10.A.
• Dairy products (e.g., butter, milk, sour cream, yogurt) and eggs*
- Create odor problems and attract pests such as rodents and flies
• Diseased or insect - ridden plants
- Diseases or insects might survive and be transferred back to other plants
• Fats, grease, lard, or oils*
- Create odor problems and attract pests such as rodents and flies
• Meat or fish bones and scraps*
- Create odor problems and attract pests such as rodents and flies
• Pet wastes (e.g., dog or cat feces, soiled cat litter)*
- Might contain parasites, bacteria, germs, pathogens, and viruses harmful to humans
• Yard trimmings treated with chemical pesticides
- Might kill beneficial composting organisms
* Check with your local composting or recycling coordinator to see if these organics
are accepted by your community curbside or drop -off composting program.
Benefits of Composting
• Enriches soil, helping retain moisture and suppress plant diseases and pests.
• Reduces the need for chemical fertilizers.
• Encourages the production of beneficial bacteria and fungi that break down organic matter to
create humus, a rich nutrient -filled material.
• Reduces methane emissions from landfills and lowers your carbon footprint.
How to Compost at Home
There are many different ways to make a compost pile; we have provided the following for general
reference. Helpful tools include pitchforks, square -point shovels or machetes, and water hoses with
a spray head. Regular mixing or turning of the compost and some water will help maintain the
compost.
Backyard Composting
• Select a dry, shady spot near a water source for your compost pile or bin.
• Add brown and green materials as they are collected, making sure larger pieces are chopped
or shredded.
• Moisten dry materials as they are added.
• Once your compost pile is established, mix grass clippings and green waste into the pile and
bury fruit and vegetable waste under 10 inches of compost material.
• Optional: Cover top of compost with a tarp to keep it moist. When the material at the bottom
is dark and rich in color, your compost is ready to use. This usually takes anywhere between
two months to two years.
Packet Page -357 -
http: / /w-",w2.epa.c,ov /recycle /composting -home 11/6/2014
Composting At Home I Reduce, Reuse, Recycle I US EPA Page 3 of 3
11 /18/2014 10.A.
Indoor Composting
If you do not have space for an outdoor compost pile, you can compost materials indoors using a
special type of bin, which you can buy at a local hardware store, gardening supplies store, or make
yourself. Remember to tend your pile and keep track of what you throw in. A properly managed
compost bin will not attract pests or rodents and will not smell bad. Your compost should be ready
in two to five weeks.
Last updated on October 6, 2014
Packet Page -358-
http: / /www2.epa.gov /recycle /composting -home 11/6/2014
The Do's and Don'ts of Backyard Composting : TreeHugger
10 YEARS OF LOOKING FORWARD
Page I of 4
11 /18/2014 10.A.
DESIGN TECHNOLOGY TRANSPORTATION SCIENCE BUSINESS LIVING ENERGY SL IDESHOWS SOCIAL
Subm
The Do's and Don'ts of Backyard Composting
/ Ramon Gonzaiez w
Living / Lawn & Garden s
May 7, 2012
nerm,3rsck.,(7C B )1 _'. 0
It's Internationat Compost Awareness Week and a perfect opportunity to "Give Back to
the Earth" in the form of rich, healthy compost that will nourish it and your garden. Here
are some do's and don'ts to consider for backyard composting success.
Why Compost?
Finished compost is a free soil amendment and fertilizer for the garden. It is mild and
won't burn plants like chemical fertilizers. By adding compost you'll improve the overall
texture of your soil enabling it to retain and drain water better.
Choose a Compost Bin
In the DIY Compost sins post I collected some nice examples of homemade compost
bins on the Internet. The post on Compost dins for Smail spaces showcased three
commercially available compost bins for those who weren't born with the DIY gene and
don't mind spending money.
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http: / /www.treehugger.com /l awn - garden/ dos - and - donts- backyard- composting.html 11/5/2014
The Do's and Don'ts of Backyard Composting : TreeHugger
Compost Bins as Pets.
Think of your compost bin as a pet. This will do two things: it will help you see it as a
living thing that shouldn't be neglected, and teach you to 'feed' it a balanced diet.
There are two main types of organic materials you can feed your compost bin: greens
and browns. Greens are high in nitrogen and described as 'wet.' Browns are described
as 'dry' materials and are high in carbon.
When feeding your compost bin try to maintain a balance of 50% greens and 50%
browns by weight. Since greens are typically heavier, you should add 2 to 3 buckets of
browns for every bucket of greens you add.
Green Materials to Compost.
Vegetable and fruit scraps. Coffee grounds and filters. Tea bags and leaves. Fresh grass
clippings. Plant trimmings from your garden. Houseplants.
Brown Materials to Compost.
Dry leaves. Straw and dry hay. Woodchips and sawdust from untreated wood. Dried
grass clippings, shredded paper. Egg and nut shells. Hair and animal fur. Paper,
shredded newspaper (printed with soy ink to be safe) paper towels, and paper tubes.
F• \ D OT1� O
Meat. Fish. Eggs. Dairy products. Oily foods or grease. Bones. Cat and dog waste.
Diseased plants and seeds of weedy plants. Anything treated with pesticides.
Composting Tips.
Chop your materials into small pieces, which will break down faster. Always cover your
layer of green material with a layer of brown material to cut down on flies and mask any
odors. If you want fine compost, like in the picture above by normanack, run over it with
a mulching lawn mower. When composting whole plants remove seed heads and seed
pods. If possible avoid adding roots of plants to your compost pile that could generate a
whole new plant.
Want more garden goodness? Follow the [d1rEroW,,j7numb urban ardening riog, also
on C -, race'i?ook, Fiick,, and Twitter.
Related on TreeHugger.com:
• 4 DIY ompost Bins You Can Buiid in one Day (VIDEO)
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Tags: Biomass I Composting I Fruits & Vegetables I Waste
Packet Page -360-
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11 /18/2014 10.A.
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Packet Page -362 -
http: / /www.treehugger.com /lawn- garden/ dos - and - donts- backyard - compostin -.html 11/5/2014
11 /18/2014 10.A.
B. PJ Orbreek — regarding recommendations placed by the CCPC for the
Pebblebrook Lakes PUD; recommendation to have County Attorney to
conduct an independent investigation on issue — Approved 4/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd — Received letter from Mayor of Sanibel, asking for Colonel Gross
Krueger's term extended in the Army Corps of Engineers
B. Mudd — Needs direction on description of litter (Horticultural waste) -
Motion to bring back — Approved 4/0
C. Coletta — Signing letter to send to our Senators and Congressmen for
funding for the projects in our area - Motion to Approve — 4/0
D. Coletta — Why Commissioner Henning voted against Item #I OC
E. Fiala — Requests that Developer/builder must have a qualified buyers in
order to get impact fee deferrals
F. Henning —Need signed copies of minutes from Advisory Boards
G. Henning — Fees not being collected on projects
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and /or Adopted with changes — 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Continued indefinitely
1) Recommendation to Endorse Code Enforcement Board and Special
Magistrate Rules and Regulations.
Page 9
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October 9, 2007
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4 -0.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Okay. Let's go to -- let's do it a little different. Let's start with
the county attorney first, then go to the county manager.
MR. WEIGEL: I'm here to answer any questions for any other
issues that come up, but I have nothing to go forward with at this
point, but thank you.
CHAIRMAN COLETTA: County Manager ?'
MR. MUDD: Yes, sir. First item, I received a letter from the
City of Sanibel from the mayor. And the mayor's basically asking --
and this is Mayor Mick Denham from the City of Sanibel, and he's
basically asking that I bring before the board a resolution to extend the
term in office in command of Colonel Grosskruger of the Jacksonville
District, United States Army, Corps of Engineers beyond his
termination date of July -- termination date -- of his change of
command date of July, 2009.
And they go on in their resolution, their sample in the back, to
basically talk about having this colonel extended in command for
anywhere from 18 to 24 months.
This has -- this has happened from time to time in the Corps --
I'm giving you some experience from the Corps of Engineer days that
I was in. That colonel is in a billet for a command that is a brigade
command that's centrally selected by the Army for a three -year period
of time, and it's centrally selected by the Army.
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I know of no other command colonel that has ever been extended
in a particular billet beyond that three -year period of time, because
what you do to Colonel Grosskruger is you basically hurt him in his
future endeavors in the Army. He's on a -- he's on a time period.
Normally after a command, you need to get another
career - progressing assignment normally in a three -star or four -star
general's command, and their immediate chief of staff or whatever, or
in a very important program in order to be considered for brigadier
general.
If this colonel is extended in this particular billet, you will -- you
will do damage to his future endeavors in the Army, and the chances
of getting this extended are slim to none.
So my question to the Board of County Commissioners is, do you
want me to write the resolution to draft it up? I mean, it can't hurt, but
you don't really have a dog in this fight, because they're talking about
endeavors that are happening up in the Sanibel side of the house.
CHAIRMAN COLETTA: Mr. Mudd, if I may, I think the
reasons that you stated we should state directly to the mayor in the
fact that -- you know, just as politely as possible, a nice polite letter
back to him. I don't feel comfortable, even if I thought it was an
advantage, you know, to try to manipulate something that I know so
little bit about.
With that, Commissioner Henning?
COMMISSIONER HENNING: Well, you know, I agree with
you again, and this might set precedence --
CHAIRMAN COLETTA: Spooky.
COMMISSIONER HENNING: -- for one single meeting. Just
kidding. I do agree with you.
CHAIRMAN COLETTA: It's almost as good as the time you
wired my horn to my headlights.
Okay. Any other direction to the county manager?
COMMISSIONER HENNING: No. I think you're right on
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target.
CHAIRMAN COLETTA: Okay. What else do you have, sir?
MR. MUDD: The next issue I'd like to talk about is, I'd like to
get some direction from the board. And Commissioner Henning and I
have had some conversations about this particular item, and it has to
do with litter and what's considered litter. And it gets down to
horticultural waste and what is that? And what is that out in the
Estates?
This particular opinion, when we talk -- and it goes on and talks
about a particular section. I believe we could get a little bit more
definitive about what horticultural waste is.
What we don't need to have is a resident being cited for a palm
frond that falls off their tree, okay, because that becomes a
horticultural waste, and this has to do in the Estates area. And I'd like
to get some board direction in order to clarify its meaning so that we
have no misrepresentation.
CHAIRMAN COLETTA: I'm totally confused. I thought the
Estate zoning was such that grass and the keeping of your palm fronds
and all that wasn't an issue with code enforcement. Air_ I wrong or --
MR. MUDD: Commissioner, it gets into the definition of what
litter is, and I'd like to be able to get some clarification, okay?
Because as it stands right now, your Land Development Code isn't
clear on this particular issue.
The particular issue in question -- and I'm very familiar with the
area whereby a homeowner goes out and wants to develop his
property and put a single- family home on, he can dig basic -- what I'll
call a horticultural pit in the back and take the fill out in order to get
the pad on his property, and then he can take -- he can take tree
branches and whatnot and basically put them in that particular pit.
It gets -- it gets to an issue about cut material and some other
things on the particular property after that where we start to get into a
fuzzzy area in this particular regard, and I'd like to be able to come
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back to the board with a change in order to clarify it so there's no
misinterpretation --
CHAIRMAN COLETTA: I personally don't have any problems
with it coming back.
Commissioner Henning?
COMMISSIONER HENNING: Yeah. What it says in section
101E of the ordinance, 2005 -44, failure to remove downed trees or
downed vegetation growth from a residential zoned exceeding one
acre in size or Estate properties or properties containing such material
as required by this article shall result in a downed tree, downed
vegetation growth being classified as litter.
So I found 24 sites owned by Collier County that I turned in to
code enforcement or the county manager because one of my
constituents received a citation for having litter on his property, which
is palm fronds.
So I'd like to make a motion to direct the county manager to
direct his staff to delete this language from the ordinance, bring it back
to the board for approval and suspend enforcing this part of the code
so you don't have to give Alex Sulecki a bunch of citations.
COMMISSIONER FIALA: Second the motion.
CHAIRMAN COLETTA: Okay. Any other discussion?
(No response.)
CHAIRMAN COLETTA: We have a motion by Conunissioner
Henning, second by Commissioner Fiala.
All those in favor of the motion, indicate by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4 -0.
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MR. MUDD: That's all I have, sir.
CHAIRMAN COLETTA: Okay.
Halas.
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October 9, 2007
Let's start with Commissioner
COMMISSIONER HALAS: I have nothing.
CHAIRMAN COLETTA: Okay. I have two things. One, I was
handed this letter just a short while ago and I had copies made to be
given to you. I feel very uncomfortable signing it without your
directing me to do so, to Senator Martinez. You might want to -- you
don't have anything there, do you, Mr. Mudd?
MR. MUDD: No, sir.
CHAIRMAN COLETTA: We're talking about this. It should be
up on the visualizer.
MR. MUDD: Sure.
COMMISSIONER FIALA: Martinez and Nelson. It's actually to
four people, to Connie Mack.
CHAIRMAN COLETTA: Right. I just corrected it. It's all the
same letter.
MR. MUDD: Yes, sir. This has to do with your nine priorities
that you basically approved by the Board of County Commissioners,
sent to our lobbyist, lobbied by your commissioners when we took our
Washington, D.C. trip in order to get monies for your nine particular
projects.
Your nine particular projects, you've done very well this year.
You have six of them, and that's in the first six columns right here, that
have come out of the -- that have come out of the House with a
favorable dollar amount that's put up against six of your nine.
Their -- the Senate side, from what I can understand, they wait
till conference in order to put dollar amounts to those particular
figures.
What happens out of the House and Senate, it goes to conference,
and in conference committee, they decide on how those dollars get
allocated. Then the bill that gets decided upon in conference goes back
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COLLIER COUNTY A TTORNEY'S OFFICE
INTEROFFICE MEMORANDUM
THIS MEMORANDUM IS PREPARED IN ANTICIPATION OF, IN CONTEMPLATION OF,
AND IN PREPARATION FOR LITIGATION, AND IS WORK PRODUCT OF THIS OFFICE
AND RELFLECTS A MENTAL CONCLUSION, IMPRESSION, CONCLUSION, LITIGATION
STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM
DISCLOSURE AS A PUBLIC RECORD PURSUANT TO § 119.07 (3) (1), FLORIDA STATUTES
TO: ROBERT N. ZACHARY, ESQ.
CC: SCOTT R. TEACH, ESQ,
FROM: THOMAS C. BARATTA, JR., JD<
DATE: NOVEMBER 7, 2007
RE: LITTER ORDINANCES AND COMPOSTING
Question: Does Ordinance 2005 -44, Code of Laws Section 54 -176 et. seq., permit
or prohibit composting, does the LDC prohibit composting or impose conditions,
and if no prohibitions, what can be done to initiate a program of composting, with
or without cost?
In the first instance, there are two (2) ordinances that deal with "litter." These are
2005 -44 and 1988 -45, Sections 54 -176 et. seq. and 118 -56 et. seq. I have attached
copies of both for your convenience and perusal. Each one defines "litter" and it is
apparent that composting material would be included in the definition. However,
each, Qrdinance prohibits the accumulation and perm, anent of litter on
property, both commercial and private. If a proper container is used, one can store
litter on one's property only in an "interim" bases, pending final and proper
disposal. See Section 54 -178 and Section 118 -57. Since composting would
necessarily consist of "permanent" storage of "litter" it would appear that both
these Ordinances would have to be amended to specifically allow composting.
In addition, pursuant to Section 4.02.00, et, seq. of the Land Development Code,
the composting "container ", since it would be permanent, would be a "structure"
and be subject to the regulations and inspections of the LDC.
Further, there are literally hundreds of PUD's in Collier County, many with sub -
associations contained within them. For instance, I live in a multi- association
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PUD, and my homeowner's association prohibits composting. These are all
private properties and even the Sheriff cannot patrol within them unless
specifically contracted or a crime is in commission. It would appear that the
County cannot just send composting equipment to each address without the
permission of the homeowners or homeowners associations in these communities,
and this would be composed of literally thousands of addresses.
As far as initiating a program, I believe that this would have to come before the
BCC for approval and Resolution. Cost analysis is beyond a legal opinion and is
better served by Solid Waste and Purchasing.
If there is anything further you wish me to do, please let me know.
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B. This item to be heard at 4 :00 p.m. Recommendation that the Board of
County Commissioners approve a request from Mayor Hamilton and Ivey
House of Everglades City for a Festival /Camping Permit to allow for a two -
day camping and tourism event in the vicinity of Everglades City from
December 16 -17, 2007.
Approved — 4/0 (Commissioner Halas absent)
13. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #1.6J1
A. Request that the Board of County Commissioners Consider the Adoption of
an Ordinance to Regulate Security of Certain Convenience Store Businesses
to Protect the Physical Security of Convenience Business Retail Employees
and Individuals who Patronize such Businesses
Approved — 4/0 (Commissioner Halas absent)
Moved from Item #16J11
B. Recommendation to Approve a Budget Amendment providing $37,000 for
the Clerk of Courts to provide Accounting /Financial Services for the
Supervisor of Elections in FY 08.
Approved — 4/0 (Commissioner Halas absent)
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Henning: Suggestion regarding amending County's
Ordinance to address downed landscape materials and compost
B. Commissioner Denning: Gerald Lefebvre of the CEB has resigned
C. Commissioner Henning: Discussion regarding Commissioner Halas as
Collier County's FAC representative
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item.. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and /or Adopted with changes - 510
Page 9
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November 13, 2007
voting, you must vote in your precinct on election day, but early
voting is non- geographic, so anybody can vote anywhere at either one
of the two sites. Again, 10 to 6 through Saturday.
CHAIRMAN COLETTA: Of course, those people that can vote
are those that are in representative District 1.01.
MR. BEAUCHAMP: That's correct, eligible voters in District
101. That's the only people that are participating in this election.
CHAIRMAN COLETTA: Thank you, sir. Appreciate you being
here.
MR. BEAUCHAMP: Thank you.
Item #15
STAFF AND COMMISSION GENERAL COMMU`IyICATIONS
MR. MUDD: Commissioner, that brings us to Staff and
Commissioner General Communications.
CHAIRMAN COLETTA: Okay. Anything from the County
Manager?
MR. MUDD: No, sir.
CHAIRMAN COLETTA: County Attorney?
MR.. WEIGEL: No, thank you.
CHAIRMAN COLETTA: Okay. Let's go right down the line
there. Commissioner Henning?
COMMISSIONER HENNING: Yeah, I'll take up the time. The
Board of County Commissioners gave staff direction to amend the
litter ordinance to remove downed vegetation and trees in residential
lots that exceed one acre in size.
I've asked them to hold off on that for the reason, simple reason
is, is the commissioner (sic) interested in allowing composting on
those larger lots?
I received an email from a lady in -- used to be my district, but
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now it's Commissioner Coyle's district -- Coconut Estates.
COMMISSIONER FIALA: Coconut Circle?
COMMISSIONER HENNING: Coconut River Estates.
Anyways, they have been composting for many years, starting when
they used to live in Pennsylvania, and they would like to continue that.
Should we give direction to the County Attorney's Office to
amend that to include composting?
CHAIRMAN COLETTA: I got no problem with it.
COMMISSIONER FIALA: I don't have a problem with it either.
COMMISSIONER HENNING: Okay. And if I could just -- we
want to make sure it's confined outside the setbacks. In other words, it
can't be into the setbacks; is that okay?
COMMISSIONER FIALA: Not in your neighbor's yard?
COMMISSIONER HENNING: Yes, absolutely, on your
property.
The second thing is, Gerald Lefebvre was a candidate for District
101. He was on the Code Enforcement Board. He did resign from the
Code Enforcement Board.
It has been advertised. I know that the Code Enforcement Board
is short because of a health problem of another member, and I want to
know if we can deviate from that.
MS. FILSON: I have that on the agenda for the 27th.
COMMISSIONER HENNING: Oh, okay.
MS. FILSON: So I hope that helps.
COMMISSIONER HENNING: Yeah, you're great, Sue. You're
absolutely great.
The next thing, and the final thing is, Commissioner Coletta said
that Frank Halas is -- represents the board on the FAC, Florida
Association of Counties.
CHAIRMAN COLETTA: Well, that may not be totally correct,
but he does represent us in the fact that he is a director on the Florida
Association of Counties.
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COMMISSIONER HENNING: Okay. Well, with that
clarification.
CHAIRMAN COLETTA: You need clarification on that?
COMMISSIONER HENNING: Well, yeah, because if I go up
there, do I need to have him speak for me?
CHAIRMAN COLETTA: Well, you know something, you
better talk to the County Attorney because I was told not to participate
in a group discussion of the policy committee because Commissioner
Halas was going to be there, and it could cause a possible conflict of
interest. So you may want to weigh that in your decisions when you
go and what you participate in.
COMMISSIONER HENNING: Okay. But he doesn't represent
me as a voice or a participate on the FAC.
CHAIRMAN COLETTA: No, not officially where you
represented him as that, but he does take the time to go there, and we
appreciate --
COMMISSIONER HENNING: Sure.
CHAIRMAN COLETTA: -- him giving of his time freely to do
so.
COMMISSIONER HENNING: Okay.
CHAIRMAN COLETTA: Okay?
COMMISSIONER HENNING: That's it.
COMMISSIONER FIA.LA: Did that answer your question?
COMMISSIONER HENNING: Somewhat.
CHAIRMAN COLETTA: Commissioner Fiala, the floor's yours.
COMMISSIONER FIALA: Happy Thanksgiving, everyone.
That's it.
CHAIRMAN COLETTA: That sounds good.
Commissioner Coyle?
COMMMISSIONER COYLE: Nothing from me.
CHAIRMAN COLETTA: Okay. And the only thing I've got to
say to this group today is, you're adjourned.
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Agenda Item No. 16A10
December 2, 2008
EXECUTIVE SUMMARY Page 1 of 4
- Recommendation to obtain direction from the Board of County Commissioners to
amend the appropriate portions of the Litter, Weed and Exotics Control Ordinance
found in the Collier County Code of Laws and Ordinances, specifically relating to the
abatement of weed, grass and other similar overgrowth in excess of 18 inches in height
to include a requirement that presently exempt Estates zoned lots be required to have a
30 -foot area around any permitted structure on the lot mowed to a length of less than b
Inches in height.
OBJECTTVE: To obtain the Board of County Commissioner's direction to amend the
appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier
County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass and
other similar overgrowth in excess of 18 inches in height to include a requirement that presently
exempt Estates zoned lots be required to have a 30 -foot area around any permitted structure on
the lot mowed to a length of less than 6 inches in height,
CONSIDERATION: Law enforcement officers have advised the Code Enforcement
Department of crime and fire prevention issues arising from the exemption of Estates zoned lots
from the prohibition upon the accumulation of weeds, grass and other overgrowth in excess of 18
inches in height. Additionally the accumulation of the overgrowth has a negative impact on
property value. This situation has been exacerbated by the lack of property maintenance in the
Estates zoned areas due to the large number of foreclosures in that area. Amending the
appropriate portions of the Litter, Weed and Exotics Control Ordinance to require that owners of
Estate zoned lots mow a 30 -foot wide strip around the permitted structures on such lots will
alleviate this concern.
FISCAL IMPACT: During FY08 the Code Enforcement Department contracted for 206
abatement of weeds and grass overgrowth with an average cost of $250.00 per Iot. The Code
Enforcement budget for FY08 was $120,000 but the expenditure exceeded this amount by an
additional $21,000. Additional code requirements to include the Estates zoned lots will
certaintly exceed the current budgeted dollar amount of $120,000. Costs associated with
nuisance abatement services are budgeted from Fund 111. Nuisance abatement expenses are
generally recovered through invoices sent to affected property owners. A lien is placed on the
property if invoices are not paid.
LEG.A.L CONSIDERATIONS: The Board of Coun ?y Commissioners has the legal authority to
adopt legislation in the interest of the public health, safety and general welfare. The proposed
amendment would alleviate fire and crime prevention concerns. This item is not quasi - judicial.
This item requires a simple majority vote. This item has been reviewed by the County
.Attorney's Office and is legally sufficient for Board action. (MMSS)
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners authorize staff to amend the
appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier
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Agenda Item No. 96A10
December 2, 2008
County Code of Laws & Ordinances, specifically relating to the abatement of weed, graRm(f of 4
other similar overgrowth in excess of 18 inches in height to include a requirement that presently
exempt Estates zoned lots be required to have a 30 -foot area around any permitted structure on
the lot mowed to a length of less than 6 inches in height.
Prepared BY: Marlene Serrano, Code Enforcement Operations Manager.
2
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ia8civiz.
Agenda Item No. 16A10
December 2, 2008
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16A10
Item Summary: Recommendation to obtain direction from the Board of County Commissioners to amend the
appropriate portions of the Litter, Weed and Exotics Control Ordinance found in the Collier
County Code of Laws and Ordinances, specifically relating to the abatement of weed, grass
and other similar overgrowth in excess of 18 inches in height to include a requirement that
presently exempt Estates zoned lots be required to have a 30 -foot area around any permitted
structure on the lot mowed to a length of less than 6 inches in height.
Meeting Date: 12/2,12008 900.00 AM
Prepared By
Community Development 8
Marlene Serrano
Investigative Supervisor
Date
CDES
Code Enforcement
11116/2008 12:29:56 PM
Approved By
1 111 8120 0 8 B:24 PM
Judy Puig
Operations Analyst
Date
Community Development &
Community Development 8
11/1912008 1:21 PM
Diane B. Flagg
Code Enforcement Director
11/1812008 3:14 PM
Environmental Services
Environmental Services Admin.
Date
Approved By
Marjorie M. Student - Stirling Assistant County Attorney Date
County Attorney County Attorney Office 11/1II'2008 3:40 PM
Approved By
Approved By
Community Development 8
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development
11/19/2008 9:29 AM
Approved By
1 111 8120 0 8 B:24 PM
Environmental Services
Environmental Services Admin.
Date
Approved By
Office of Management & Budget
11/1912008 1:21 PM
Diane B. Flagg
Code Enforcement Director
Date
Community Development &
Deputy County Manager
Date
Board of County
Code Enforcement
1111912008 10:03 PM
Environmental Services
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
11/19/2008 9:29 AM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
11/1912008 1:21 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
file: / /C: \AgendaTest \Export\117- Decemt - "'n' Al "n" 6. %20C0NSENT %20AGF.N... 11 /25/2008
Packet Page -377-
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Page 2 of 2
Agenda Item No. 16A10
December 2, 2008
Page 4 of 4
Commissioners County Manager's Office 11/1812006 2:37 PM
file: / /C:\AgendzTestCxport \1 i 7- Decembc, ... " " " ^ " ^" , 1.0
/o2000N5ct37'Q/Q20ACzi1N... 1 il25 /2fif R
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December 2 -3, 2008
CHAIRMAN HENNING: Motion carries unanimously.
MS. WIGHT: Thank you.
Item #I OH
RECOMMENDATION TO OBTAIN DIRECTION FROM THE
BOARD OF COUNTY COMMISSIONERS TO AMEND THE
APPROPRIATE PORTIONS OF THE LITTER, WEED AND
EXOTICS CONTROL ORDINANCE FOUND IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES,
SPECIFICALLY RELATING TO THE ABATEMENT OF WEED,
GRASS AND OTHER SIMILAR OVERGROWTH IN EXCESS OF
18 INCHES IN HEIGHT TO INCLUDE A REQUIREMENT THAT
PRESENTLY EXEMPT ESTATES ZONED LOTS BE REQUIRED
TO HAVE A 30 -FOOT AREA AROUND ANY PERMITTED
STRUCTURE ON THE LOT MOWED TO A LENGTH OF LESS
THAN' 6 INCHES IN HEIGHT — APPROVED
RECOMMENDATIONS ON DECEMBER 3, 2008
MR. MUDD: Commissioner, that brings us to 1014, which used
to be 16A 10, and that reads, it's a recommendation to obtain direction
from the Board of County Commissioners to amend the appropriate
portions of the litter, weed, and exotics control ordinance found in the
Collier County Code of Laws and Ordinances specifically relating to
the abatement of weed, grass, and other similar overgrowth in excess
of 18 inches in height to include a requirement that presently exempts
estate -zoned lots be required to have a 30 -foot area around any
permitted structure on the lot mowed to a length of less than 6 inches
in height.
This Item was asked to be moved to the regular agenda by
Commissioner Coietta.
COMMISSIONER COLETTA: Yeah. If I can, I mean, this is a
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December 2 -3, 2008
very much needed ordinance at this point in time due to the amount of
foreclosed homes and abandoned homes that we have throughout
Golden Gate Estates. And the concern is, is that if these lots aren't
maintained, that the grass and the brush will grow up to the point that
the houses that are there will become in danger of being lost to the
forest fires that take place there every year.
COMMISSIONER COYLE: Motion to approve.
COMMISSIONER COLETTA: However, with that said, the
issue is unintended consequences I need to talk to you a little bit
about.
Mr. Schmitt?
MR. SCHMITT: Yes, sir.
COMMISSIONER COLETTA: It mentions such things as 30
foot around any permitted structure. In some cases, people have
decorative plantings and whatever else. They kind of merge the forest
into that, comes closer to the house. Are people going to be required
to remove these kind of plantings?
MR. SCHMITT: For the record, Joe Schmitt, administrator of
community development, environmental services division.
To answer your question, no, it will not. This is going to be no
different than how it's applied throughout the rest of the county. It
merely gives code enforcement the authority to send a contractor out
to cut the grass like they would anywhere else in the county.
This was an issue raised by the Golden Gate Estates task force.
We know -- we do not have authority to go out and cut grass on a
foreclosed property in the Estates. So all this would be is to allow us
to cut what is deemed grass. We don't go out and cut or do any type
of trimming that involves landscaping.
So the 30 foot is merely to define how much grass we would cut.
We're not going to cut the entire two- and -a -half acres of property.
That is not the intent of this.
If it's two- and -a -half acres, for instance, if there's -- all we're
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December 2 -3, 2008
going to send is a contractor and say, here's how much grass you're
going to cut. It's nothing more than to try and keep --
COMMISSIONER COLETTA: The fire danger at a minimum.
MR. SCHMITT: Both the fire danger and kind of the broken
window theory. If it appears vacant and grass is growing, it's going to
invite vandalism or other types of activity. We're trying to make the
house appear that it's still maintained and it is still -- someone's still
living in the house.
We don't want it to run down the community, and that's what this
is all about. And we've been very, very successful in putting the
burden of this on the banks. And we're going to come back to you in
January with a report explaining how successful we've been in having
the banks pay for this -- pay for the lawn mowing and the type of --
for these foreclosed units.
COMMISSIONER COLETTA: So these efforts are going to be
directed towards those homes that are unoccupied, from what I
understand?
MR. SCHMITT: Most -- yes. In most cases they are. But it's
also applied in other areas of the county, sometimes in rentals, where
the renters do not cut the grass. We inform the homeowner, tell them
they have to go out and take care of the grass. If they do not and it
exceeds the 18 inches, we'll send a contractor out there, and then we'll
place a lien on the property.
COMMISSIONER COLETTA: Okay. Now, what would
happen now is when code enforcement sees such a violation, the first
attempt will be, is to notify the owner of the property or the caretaker
of the property, sometimes the bank?
MR. SCHMITT: Yes, sir.
COMMISSIONER COLETTA: And then from there they would
take the action of mowing it?
MR. SCHMITT: Yes, sir. It's just like we do everywhere else.
Again, the ordinance as it exists now prevented us or precluded us
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from maintaining properties in the Estates. This was a
recommendation, like I said, that now would allow us to at least do
that, to deal primarily with the foreclosed units in the Estates.
COMMISSIONER COLETTA: And Diane Flagg and her task
force are to be commended for coming up with this particular
direction.
I make a motion for accepting that.
MR. SCHMITT: And we'll be back with the amendments, and
certainly you have an opportunity at that time to review the language
change and we can debate how to apply it at that time.
COMMISSIONER COLETTA: Motion for approval.
COMMISSIONER FIALA: I'll second the motion, but I just had
a question. I just --
CHAIRMAN HENNING: Yeah, I have questions, too. So go
ahead.
COMMISSIONER FIALA: Oh, good. Okay.
I just wanted to say that we're going to be hiring outside people
to do this for us. I mean, our own staff doesn't go in. We will make
sure that they use some common sense when they do this?
MR. SCHMITT: Oh, yes, ma'am.
COMMISSIONER FIALA: I mean, sometimes they go in, and
then -- you know, just like Commissioner Coletta was saying, they
might have decorative plants or something. You don't want to just
mow everything down if there's no reason to.
MR. SCHMITT: No.
COMMISSIONER FIALA: So they will use some common
sense on this?
MR. SCHMITT: Yes, ma'am. They are licensed contractors,
licensed landscapers. We already have them under contract. You
have already approved those contracts.
COMMISSIONER FIALA: That doesn't mean they use common
sense though.
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MR. SCHMITT: Yeah, well -- I mean, we manage it.
COMMISSIONER COLETTA: There's no guarantees on that.
CHAIRMAN HENNING: Commissioner Coyle, do you have
anything?
COMMISSIONER COYLE: No. I -- the ordinance is clear. It
specifically says, litter, weed, and exotics.
MR. SCHMITT: Correct.
COMMISSIONER COYLE: You know, it --
MR. SCHMITT: We will -- the only time we'll even think about
trimming any type of landscaping if it's grown up above the windows
and it's something just so the Sheriffs Department or somebody can
see inside the window to make sure that there's not --
COMMISSIONER COLETTA: Vagrants.
MR. SCHMITT: -- illegal activity or other type of things going
on inside of a vacant home. That's about the only time we'll even
attempt to even direct the contractor to trim some of the vegetation
around the house.
CHAIRMAN HENNING: The present ordinance doesn't say that
for any other area of Collier County.
MR. SCHMITT: That's correct, it does not, but we have trimmed
some vegetation when it becomes so overgrown that it obscures the
view of a house, so --
CHAIRMAN HENNING: The next thing -- I mean, I don't know
if the executive summary was written -- well, I can't believe if you
have 18 -inch grass or weeds that it's going to cause a fire danger or
you would abate it by cutting it, because the grass is still there. If it's
going to burn at 18 inches, it's going to burn at 4 inches. And if you're
doing it because of foreclosures, I can understand that, but we're not
going to have that foreclosure problem forever.
MR. SCHMITT: That's correct.
CHAIRMAN HENNING: And I don't think -- I don't see how
that we can legally defend cutting it for fire hazard. So I hope you
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would consider having a time frame on this because we know the
foreclosures are not going to happen in a reasonable time.
COMMISSIONER COLETTA: Well, I -- we have no idea how
long it's going to be. Rather than have it come back to us every six
months or year, we can be proactive. When we see that point in time
when the markets turned around, we can go back and alleviate this. At
that point in time the residents of Golden Gate Estates, through the
civic association and some of their other organizations, may start to
see a benefit from this and would wish to be -- may wish at that time --
and I can't say that will happen -- to be included in the same kind of
code and ordinances that exist for the rest of the county as far as the
maintenance of lawns. I don't know. But at least this is a beginning
point. So I'm not too concerned.
If we put six months on it, we'll be coming back every six months
to look at it probably for another two years or so. I'm sure we'll be
able to see it when it turns around.
CHAIRMAN HENNING: Yeah. I didn't recommend six
months.
COMMISSIONER COLETTA: Yeah. Well, I was just -- I
know you didn't, Commissioner Henning.
CHAIRMAN HENNING: I mean, you don't -- when they cut the
grass, they don't vacuum it up. They don't have a grass catcher when
they do it, so it's going to cause more of a problem if the consideration
is because of fire. That's all.
Commissioner Coyle?
COMMISSIONER COLETTA: If I may offer to you, it's grass
cutting, I don't even think for -- fire reasons wasn't really the main
reason. It had to do with keeping an appearance that the place is being
used and up -- kept up and to be able to protect the property values, so
there's more than one reason.
But standing grass is a much bigger danger than grass that's been
cut and laying on the ground. It usually becomes moist and becomes
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part of the soil in a short period of time. So there is -- there's
definitely an advantage as far as it is.
I don't see anybody from the fire departments here. They've got
no reason to be here. But it's an interesting thought that you have,
cutting it versus letting it stand. I think there's a difference.
CHAIRMAN HENNING: Well, just reading the executive
summary, I just can't believe it's a fire hazard, we're doing it because
of fire hazard.
Commissioner Coyle?
COMMISSIONER COYLE: Two points. One is, this just isn't
for foreclosed homes. It's for anybody --
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: -- who fails to maintain their
property.
MR. SCHMITT: That is correct.
COMMISSIONER COYLE: It's a directive that has been
applicable, as far as I know, to the rest of the county for decades.
MR. SCHMITT: That's correct.
COMMISSIONER COYLE: So I don't understand the confusion
here. It is for any unkempt lots. And secondly, from a fire danger, of
course it's a fire danger. Grass 18 inches high is three times the higher
danger than grass six inches high because there's more fuel standing
that is likely to be dry.
Commissioner Coletta is absolutely right, when you cut it, it soon
begins to decay and becomes part of the soil and does not burn as
well, does not burn as hot, does not spread as quickly. Fire
departments all over the nation recommend these kinds of measures to
protect structures.
So I don't know where why we're belaboring this point. It's been
used in the county for years. Why shouldn't it be used in the Estates?
CHAIRMAN HENNING: Does it say lots? Are we going to
apply it to lots --
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MR. SCHMITT: No, sir.
CHAIRMAN HENNING: -- or will it be improved properties?
MR. SCHMITT: These are improved properties.
CHAIRMAN HENNING: Okay.
MR. SCHMITT: And we're also going to deal with the other
issue on this, and this has to do with the issue that was raised quite a
while ago regarding downed trees and downed vegetation, and some
of those issues we'll address and bring back as well where it required
for that type of vegetation or -- be removed from vacant lots.
I question a need for that, as certainly as Commissioner Henning,
you had, and we'll be addressing that one as well. But this will all
come back to be reviewed in the ordinance.
CHAIRMAN HENNING: Good.
COMMISSIONER COLETTA: May I?
CHAIRMAN HENNING.- Yes, please.
COMMISSIONER COLETTA: Mr. Schmitt, when it comes
back, would you have someone from one of the county fire
departments --
MR. SCHMITT: Yes, sir.
COMMISSIONER COLETTA: -- who's an expert on this
particular subject matter, or possibly somebody from Diane Flagg's
tasks force to be here to also give us a 1 ittle more detail and
information what led up to this point?
MR. SCHMITT: Yes, sir. This -- we'll have somebody from the
Golden Gate Estates Task Force, because that was the Golden Gate
Fire District that was most concerned about the fire hazard.
COMMISSIONER COLETTA: Very much so.
MR. SCHMITT: Yes, sir.
CHAIRMAN HENNING: Any further discussion?
All in favor of the motion, signify by saying aye.
COMMISSIONER COYLE: Aye,
CHAIRMAN HENNING: Aye.
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COMMISSIONER FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN HENNING: Opposed?
(No response.)
CHAIRMAN HENNING: Motion carries unanimously.
MR. MUDD: Commissioners, just so you don't get taken by
surprise, the chairman asked me -- asked Mr. Ochs a question about
direction that the board gave that palm fronds being litter and
composting so it would -- you know, in those particular places where
it would be legal in Collier County. That direction was given by the
board almost a year ago.
Through investigation, we've got draft copies of ordinances that
have been done. It was getting staffed, and for some strange reason it
died there between different agencies.
So when we come back and do this litter, weed piece, we will
also incorporate that guidance that the board gave us on that particular
item.
So Chairman, thanks for bringing it to our attention, and yeah, I
got to see drafts and everything else. 1 said, and? And it just kind of
died.
So we've got the drafts re- circulating, and so we'll move that
particular --
CHAIRMAN HENNING: It was in hesitation for this new
update of the ordinance.
MR. MUDD: I don't think so. I think staff -- the drafts were
done. The ordinances were there. I mean, I'm -- I don't know. I don't
have an explanation, but we'll get it resolved.
Item # 10I
TO REQUEST THE BOARD OF COUNTY COMMISSIONERS
(BCC) APPROVE A SrNGLE LAND DEVELOPMENT CODE
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Agenda Item No. 16Al2
January 27, 2009
EXECUTIVE SUMMARY page 1 of 24
Recommendation that the Board of County Commissioners direct that appropriate
portions of the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) be
amended to clarify the requirements for the Special Magistrate's role in the imposition of
nuisance abatement liens and to bring back an amended ordinance incorporating the
Board's previous direction.
OBJECTIVE: To obtain the Board of County Commissioner's (BCC) direction to amend
Ordinance Number 05 -44, which sets forth requirements for assessing liens in nuisance cases
that have been abated by the County. By approving this amendment, it would eliminate the
necessity of bringing each individual case before the BCC for the adoption of a resolution to
impose a lien by allowing the Special Magistrate to impose liens without BCC resolution. The
attached proposed amended ordinance also incorporates other recommended changes as
previously directed by the Board.
CONSIDERATIONS: Staff seeks Board direction to amend Ordinance Number 2005 -44 to
allow for the Special Magistrate the authority to impose liens for all costs incurred by the County
in the abatement process of nuisance cases without bringing each individual case before the BCC
for approval and obtaining a new resolution for each property as is currently required in
Ordinance 2005 -44, Section Fourteen ( "Assessment for Abating Nuisance "). The Special
Magistrate already has the authority to impose liens for other violations and this would eliminate
County Staff time in bringing forth all of such cases to the BCC for approval. Additionally, as a
"housekeeping" measure the Code Enforcement Staff recommends changing all references to the
"Special Master" in this Ordinance to the term "Special Magistrate ".
Previously on December 2, 2008, the Code Enforcement Staff sought, and the BCC Save
direction to amend this same Ordinance to acid weed abatement requirements for improved
properties in Estates zoned areas. Those amendments are found in Sections Four and Five of the
proposed Ordinance amendment, which is attached to this Executive Summary. Additionally
there was discussion concerning the Composting Standards Ordinance. Those provisions have
been added to the attached Ordinance at Section Six and the Definitions Section has been
amended to add new definitions relative to the composting standards provisions of the
amendment.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item is to eliminate confusion on the application of
Ordinance Number 05 -44. This matter has been reviewed by the County Attorney's Office and
is legally sufficient for Board action. The item is not quasi - judicial so no ex parte disclosure is
required. AIso, a simple majority vote is necessary for passage of this item. (MMSS)
GROWTH MANAGEMENT INTPACT: None.
RECOMMENDATION: That the Board of County Commissioners gives direction to amend
Ordinance 2005 -44 as outlined herein.
PREPARED BY: .Ten Waldron, Code Enforcement Specialist
ATTACHMENTS: Proposed .Amendment to Collier County Ordinance Number 2005 -44.
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Agenda Item No. 16Al2
January 27, 2009
Page 3 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16Al2
Item Summary: Recommendation that the Board of County Commissioners approve an amendment revising
Ordinance Number 05 -44 to clarify the requirements for the Special Magistrate's role in the
imposition of nuisance abatement liens
Meeting Date: 1/2712009 9.00 00 AM
Prepared By
Marlene Serrano
Investigative Supervisor
Date
CDES
Code Enforcement
116/2D09 10:41:23 AM
Approved By
Joseph K. Schmitt
Community Development 8
Date
Environmental Services Adminstrator
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
111512009 2:36 PM
Approved Ity
Diane S. Flagg
Code Enforcement Director
Date
Community Development &
Environmental Services
Code Enforcement
11512009 5:51 PM
Approved Ky
Judy Puig
Operations Analyst
Date
Community Development &
Community Development 8
Environmental Services
Environmental Services Admin.
1!6;2049 12:39 PM
Approved Ry
Marjorie Ni. Student- Stiriing
Assistant County Attorney
Date
County Attorney
County Attorney Office
11412009 9:30 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
pate
County Attorney
County Attorney Office
11114!2009 5101 PM
Approved By
OFfB Coordinator
01v -i8 Coordinator
Date
County Manager's Office
Office of Management & Budget
1!1512009 3:18 PM
Approved Hy
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1!201,'2409 4:04 PCA
Approved By
James V. Pliudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
112612003 4:26 PM
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Agenda Item No. 1$Al2
January 27, 2009
Page 4 of 24
ORDINANCE NO. 09-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 05-44, WHICH REGULATES
AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN
THE UNICORPORATED AREA OF COLLIER COUNTY, BY
PROVIDING FOR AMENDMENTS TO: SECTION ONE,
PURPOSE AND INTENT; SECTION TWO, TITLE; SECTION
THREE, DEFINITIONS; SECTION FOUR, DECLARATION OF
PUBLIC NUISANCE; SECTION FIVE, EXEMPTIONS; SECTION
SIX, ADDING A NEW SECTION ENTITLED COMPOSTING
STANDARDS; SECTION SEVEN, NOTICE OF VIOLATION;
SECTION EIGHT, ASSESSMENT FOR ABATING NUISANCE;
SECTION NINE, ASSESSMENT RIGHT TO HEARINGS ON
DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT;
SECTION TEN, ENFORCEMENT PROCEDURES; SECTION
ELEVEN, PROCEDURES FOR IMMEDIATE CORRECTIVE
ACTION; SECTION TWELVE, PROCEDURES FOR
MANDATORY LOT MOWING PROGRAM; SECTION
THIRTEEN, PENALTIES; SECTION FOURTEEN, CONFLICT
AND SEVERABILITY; SECTION FIFTEEN, INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND SECTION SIXTEEN,
EFFECTIVE DATE
NN'HEREAS, Chapter 125, Florida Statutes, establishes 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 enforcement zoning regulations necessary for the protection
of the public; and
WHEREAS, at the December 2, 2008 Board of County Commission meeting, the
Board directed that certain amendments be made to Ordinance Number 05 -44 specifically
removing exemptions from certain lot mowing requirements for Estates zoned lots and
adding composting standards; and
WHEREAS, at the January 27, 2009 Board of County Commission meeting, the
Board directed that certain amendments be made to Ordinance !"?umber 05 -44,
specifically removing t_he requirement that proposed liens in nuisance abatement cases be
brought to it for approval by resolution before the actual hearing on and imposition of
such liens by the Special Magistrate in order to "streamline" the nuisance abatement
process.
Page I of 21
Words s lE thFettgh are deleted and words underlined are added.
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Agenda Item No. 16Al2
January 27, 2009
Page 5 of 24
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENTS TO PURPOSE AND INTENT SECTION
Section One, "Purpose and Intent," of Ordinance Number 05 -44, as amended, is
hereby amended to read as follows:
The code is hereby considered to be remedial and shall be construed and
interpreted to secure the public safety, health and general welfare through clean and
sanitary property, free from wind -blown debris and materials.
1. The accumulation of Litter and Abandoned Property on public and private
property constitutes a hazard and is detrimental to the health, safety and welfare of the
citizens of Collier County.
2. The accumulation of weeds, grass, or Exotics or similar bro`_:1h on, or in
close proximity to, residentially, commercially, or industrially -zoned land is detrimental
to the health, safety, and welfare of the citizens of Collier County.
3. Comnostina recycles oreanic household and yard wastes into compost
ulu:h returns needed or wjc mutter into the sail and reduces the arnount (-)Fv a. ec3ine
into the landfill.
SECTION TWO: AMENDMENTS TO TITLE SECTION
Section Two, "Title ", of Ordinance Number 05 -44 is hereby amended to read as
fo llo %vs:
This Ordinance shall be known and may he cited as the "Collier County Litter,
Weed and Exotics Control and Compostinb Standards Ordinance ".
SECTION THREE: AMENDMENTS TO DEFINITIONS SECTION
Section Four, "Definitions," of Ordinance Number 05 -44 is hereby
amended to read as follows:
'A"hen used in this Code, the following words, phrases or terms shall have the
Pale 2 of 21
Words s4FLi k ti- -,.ugh are deleted and words underlined are added.
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Page 6 of 24
following meanings, unless the content clearly indicates otherwise:
1. ABANDONED PROPERTY— Aany wrecked, inoperative, derelict,
or partially dismantled property having little, if any, value other than nominal
salvage value, which has been left unattended and unprotected from the elements,
which shall include, but not be limited to, motor vehicles, trailers, boats,
machinery, appliances such as refrigerators and washing machines, plumbing
fixtures, furniture, and any other similar articles.
2. ABATE — T_to mow a Mowable lot to a height of less than six (6)
inches, or to remove Exotic Plants to a height of equal to surrounding natural
elevation and poison any stumps, if remaining, with an EPA approved herbicide
containing a visual tracer dye; or to remove Litter; or to remove Abandoned
Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed
as long as the mulching occurs in an enclosed container, and is removed from the
site.
3. COMPOST— Decaved oruanic materials that decompose into organic
soil amendment or mulch.
4. COMPOSTING—An above around controlled microbial process that
converts vard waste and certain household food waste to organic soil amendment_
or mulch by decomposition of material through an aerobic process.
5. COMPOST BIN— A container which is designed for the purpose of
allowing non - living plant material and certain household food waste to
decompose for use as organic soil amendment or mulch, which may be
constructed of wood wire mesh a combination of wood and wire or a
commercially fabricated compost bin designed to contain composting materials.
3- 6. CONSTRUCTION AND DEAIOLOTION DEBRIS— meaps
Ddiscarded materials generally considered to be not water soluble and non-
hazardous in nature, including but not limited to steel, glass, brick, concrete,
asphalt material, pipe, gypsum wallboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, including such debris from construction of structures
at a site remote from the construction or demolition project site. The term includes
rocks, soils, tree remains, trees, and other vegetative matter which normally
results from land clearing or land development operations for a construction
project; clean cardboard, paper, plastic, wood, and metal scraps from a
construction project; effective January 1, 1997, except as provided in F.S. §
403.707(12)(j), unpainted, non- treated wood scraps from facilities manufacturing
materials used for construction of structures or their components and unpainted,
non - treated wood pallets provided the wood scraps and pallets are separated from
other solid waste where generated and the generator of such wood scraps or
pallets implements reasonable practices of the generating industry to minimize the
commingling of wood scraps or pallets with other solid waste; and de minimis
amounts of other non - hazardous wastes that are venerated at construction or
demolition projects, provided such amounts are consistent with best management
practices of the construction and demolition industries. Mixing of construction
Page 3 of 21
Words stFaek -tlfet gh are deleted and words underlined are added.
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and demolition debris with other types of solid waste will cause it to be classified
as other than construction and demolition debris.
4-.7. EXOTICS OR EXOTICS PLANTS— Australian pine (Casuarina,
all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius),
downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia
auriculiformis), Java plum (Syzygium curnini), Woman's tongue (Albizia
lebbeck), catclaw mimose (Mimosa pigra), and any prohibited exotic species that
may be added to County Ordinance No. 04 -41, as amended, (Section 3.05.08,
Collier County Land Development Code).
4. 8. EAICLOSED CONTAINER— Aany container having a physical
structure which prevents materials from falling out, spilling, blowing out by wind
action, or coming out by ether accidental means during transport or on -site
storage, and shall include, but not be limited to, garbage cans, truck bodies
capable of being enclosed for transit purposes only, roll -off containers, and any
other container sufficient to prevent the accidental scattering or leaking of said
materials on surrounding properties and on public roads. A dumpster enclosure is
not an enclosed container.
9. IMPROY ED PROPERTY — Rfeal property that contains buildings,
streets (or paved areas) or other structural improvements.
-1- 10. LVERT HASTE 324TERL4LS— Bbrick, block. concrete, rock,
stone, earth and sand, free from contamination or other types of waste, free from
protruding rebar and /or other metals, and capable of serving as fill material
without harm to, or pollution of, around or surface waters.
$ 11. LITTER— Aany discarded, used, or unconsumed substances or
wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse,
debris, paper product (including newspapers and mabazines). glass, metal, plastic
or other containers, cloth, wood and wood products, sweepin4gs, liquids (other
than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots,
undergrowth and materials produced by clearing and -rubbing and other
horticulture wastes, motor vehicle parts and tires, furniture, oil or grease,
hazardous wastes (including gasoline, paint thinners and other similar types), the
carcass of a dead animal, any obnoxious or offensive matter of any kind, any
object likely to injure any person or create a traffic or pedestrian hazard, or any
other condition of any unsi -,htly nature, which may have been discarded,
abandoned or otherwise disposed of improperly. Litter shall not include
harticuiturid writes. such as Tialm frontts_ that have ZcI-umulnle-d on uhiic or
of natuml condiil:lns.
k4 12. MOWARLE LOT—
a. Any portion, piece. division, or parcel of land in any Recorded or
Unrecorded Subdivision of this County, of which 50 percent (501 �)
or more of unimproved property, can be mowed with bushhoa -type
or smaller mowing equipment, without damage to the lot or
equipment. For purposes of detern�ining lot size, rights -of -way,
Page 4 of 21
Words stpd k tki.^,.ae are deleted and words underlined are added.
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alleys, and all easements shall be included in the calculation of the
Mowable Lot; or
b. Any portion of Improved
bushhog -type, or smaller,
the lot or equipment.
Property, which can be mowed with
mowing equipment without damage to
13. OFF -SITE ODORS— Objectionable odors detectable bevond the
Tronerty line in which the compost bin is located.
4.9: 14. PROHIBITED ACCUMULATION OF EXOTICS— any
accumulation of exotics, which is located on improved or unimproved property.
4-6 15. RECORDED SUBDIV7SION— Land subdivided into three or
more lots, parcels, sites, units, or any other division of land for which a plat has
been filed with Clerk of Courts of Collier County.
4-2-- 16. RECEPTACLE A container made of material that will protect
the property and environment from leakage, spillage and overflow of any type of
litter, waste, or debris. A dumpster enclosure is not a receptacle.
4-33- 17. STOR4 E OF LITTER— _The interim containment of Litter in
a manner approved by the Board of County Commissioners, after generation of
such Litter and prior to proper and final disposal.
44 18. UAY4 UTHORIZED ACCUMULATION OF LITTER— T_the
accumulation of litter in or upon any public or private property or body of water,
which is not contained within proper containers or receptacle provided for control
of litter, or is not otherwise permitted or authorized, by any other Collier County
Ordinance. This term shall not include building materials used in construction or
repair of a building or structure which materials are properly stored at the site of
such activity, so long as:
a. Tthe subject building is being constructed, remodeled, repaired, or
demolished under the authority of an active, valid Collier County
building permit and for which the materials are to be used; and
b. Tthe building materials are secured during construction, remodel,
repair, or building demolition, to prevent the material from falling
out, spilling, blowing out by wind action, or coming out by other
accidental means so that it trespasses on adjacent properties, or
creates a negative visual impact to surrounding properties.
Unauthorized accumulation of Litter shall also include, but not be limited to, the
accumulation or storage of litter or containerized Litter or Abandoned Property
adjacent to public right -of -way if such materials are placed upon a right-of-way
earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for
that location by the County solid waste collection contractor, or allowing said
accumulation, or container to remain adjacent to the public right -of -way after six
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(6) p.m. of the day of the scheduled pickup.
4 4: 19, UNLA ff'FUL ACCUMULATION OF WEEDS, GRASS OR
SIMILAR NOV -PROTECTED OVERGROWTH— Aany accumulation of
weeds, grass or similar non - protected overgrowth if any part of such accumulation
is in excess of eighteen (18) inches in height and located on a Mowable Lot, in
any Recorded or Ulueeorded subdivision of Collier County.
4-6: 20. UNRECORDED SUBDIVISION— Aany land which for the
purpose of sale or transfer has been subdivided for the purpose of sale or transfer,
prior to the enactment of Ordinance 76 -6, as amended, or any other division of
land for which a plat has not been filed with the Clerk of Courts of Collier
County.
21. ;MOODY YARD WASTE— Hedge or tree trimmings and twigs (114
inch diameter or greater) or discarded Christmas trees
4-,- 22. WRITTEN CORRECTIVE NOTICE— Aa written statement
issued to the violator or his /her agent identifying and which states the violation,
date of the violation, location of the violation, the corrective measures required to
be taken, and the date by which the corrective measures are to be completed.
w?, YJRD tf'AA7E -- Grass;`lawn :!innlnus. lcavts. xveccls, garden wast-,
!tomato v roes.. carrot tons. cucumber vines. etc.! soft- bodied planis_(Ilower and
vegetable plants), hcd,,e or tree trimmings and twigs (1/4 inch diameter or less)
pine cones and needles.
SECTION FOUR: AMENDMENTS TO DECLARATION OF PUBLIC
NUISANCE SECTION
Section Eleven, "Declaration of Public Nuisance," of Ordinance Number 05-44 is
hereby amended to read as follows:
The accumulation of weeds, grass, or other similar non - protected overgrowth in
excess of eighteen (18) inches in height is hereby prohibited and declared to be a
public nuisance when located upon any Mowable Lot, and which lot has been
specifically described by legal description and which condition has been
determined by the County administrator or his designee to he a public nuisance
pursuant to this Ordinance. Such Mowable Lot is, or rnav reasonably be expected
to become, infested or inhabited by non - protected rodents, vermin or wild
animals, or may furnish a breeding place for mosquitoes, or threaten or endanger
the public health, safety or welfare, or may reasonably be expected to cause
disease, or adversely affect and impair the aesthetic integrity or economic welfare
of adjacent or surrounding property.
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2. In the area zoned Estates the accumulation of weeds <,rass or other similar non-
protected overgrowth in excess of eighteen (18) inches in height is hereby
prohibited and declared a Public nuisance when located upon any improved lot
within 30 feet of any structure up to any lot line. Such improved mowable lots
ingy reasonably be deemed to become fire hazards.
27 3. The accumulation of exotics, weeds, grass, or other similar non - protected
overgrowth is hereby prohibited and declared to be a public nuisance when
located upon any unimproved property in this County, which condition is adjacent
to a private or public right -of -way and is not within a Recorded or unrecorded
Subdivision. However, the requirements for abatement of the public nuisance as
described in Section Thi:4een Fourteen shall only apply to that portion of the
property to a depth of twenty (20) feet from the property line or lines running
adjacent and parallel to a private or public right(s)-of-way.
3 4. The accumulation of Exotics is hereby prohibited and declared to be a
public nuisance when located upon any unimproved property in Collier County
when the exotics are located within a two hundred (200) foot radius of any
improved property located in a Recorded or unrecorded subdivision. However, the
requirements for abatement of the public nuisance as described in Section
-:'hif4eefi Fourteen shall only apply to that portion of the unimproved property
where the Exotics exist within a two hundred (200) foot radius of any abutting,
improved property. Furthermore, the requirements for abatement of the public
nuisance as described in Section Fourteen shall only apply when the
County received a complaint.
4 5. The accumulation of exotics, weeds, Grass, or other similar non - protected
overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and
declared to be a public nuisance when such condition is located on any
unimproved property in Collier County which is within five hundred (500) feet of
Improved Property when such accumulation has aided any person to conceal or
facilitate the commission of criminal acts against passers -by and the citizens of
Collier County and is likely to continue to aid in the concealment or commission
of future criminal acts if such accumulation is not abated. A report from the
Collier County Sheriffs Office identifying such unimproved property, which was
allegedly utilized by any person to conceal or facilitate the commission of
criminal acts against passers -by or the citizens of Collier County shall constitute
sufficient evidence. However, the requirements for abatement of the public
nuisance as described in Section Thi;4een Fourteen shall only apply to that portion
of the unimproved property where the accumulation exists within a five hundred
(500) foot radius of Improved Property.
6. Exotic plants located in right(s) -of -way, alley(s), canal(s), and casements(s)
on improved property within Recorded or Unrecorded subdivisions are prohibited
and declared to be a public nuisance.
6: 7. The accumulation of weeds, grass or similar non - protected overgrowth in
excess of eighteen (1S) inches in height is hereby prohibited and declared to be a
public nuisance when located upon any unimproved property in toe
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unincorporated Collier County, which is not within a Recorded or Uttnreeorded
Subdivision, when the weeds, grass or similar growth are located within one
hundred (100) feet of the property line or lines of Recorded or Uunrecorded
Subdivision(s).
SECTION FIVE: AMENDMENTS TO EXEMPTIONS SECTION
Section Twelve, " Exemptions," of Ordinance Number 05 -44 is hereby amended to
read as follows:
1. The area zoned Etates shall be exempt from the weed @.qd Exotic plant public
nuisance declarations provided in Section Eleven.
Properti,.s that are unimproved and that are located within an area with an Estates
zonine designation shall be exempt from the weed public nuisance declarations
provided in section Eleven.
2- 3. Accumulations of protected vegetation such as coastal strands, scrub, tropical
hammocks, dune vegetation and property officially declared "protected" by any
federal, state or local ordinance (such as wetlands), are hereby exempted from
being considered public nuisance declarations pursuant to Section Eleven.
37 4. The lands zoned Agricultural that are located outside of the Urban Boundary as
described in the Collier County Future Land Use Map shall be exempt from the
weed and Exotic plant public nuisance declarations provided in Section Eleven.
4- 5. All lands zoned agricultural that are not being used for an cssential service as
defined in the Collier County Land Development Code and/or a bona fide
agricultural use shall be exempt lom the weed and exotic plant public nuisance
declarations provided in Section Eleven.
SECTION SIX: AMENDMENT ADDING A NEW SECTION ENTITLED
COMPOSTING STANDARDS
Ordinance Number 0.5 -44 is hereby amended by adding anew section entitled
"Cumpostin.-, Standards" to read as follows:
SECTION THIRTEEN: COMPOSTING STANDARDS
l rflri)$t: 4 Ss nem:,9itte:l an re in ntt tl I'ri, "r S'z haVintlZ Up tc1 fnur (4) dvv-ll'nn
units r vi .:d that :dl, of th,.: Follo laic condil; ins are met:
i l'errlitted Compos -tru it:iteriuls. Oniv v-rd waste. fruit and ~ L,--table
rcrans. -otfce - rounds egg shells lhav draw untreated sawdust sod and manure
fi•mm anin.als generated from :he site. on tir hick the cc, , o t bin is lo La ted
I�r r^�It::LI -on hosting, ri .t- r:als. In addition. �:oniiTll r ill IV r V3, lt?l: ln` r�dit;lt:i
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specifically designed to speed or enhance biological decomposition can he placed in
the composting bin.
2. Prohibited Composting Materials. The following materials shall not be
placed in the composting bin: woody yard waste. meat, bones, fats, oils, whole eg,.;s,
dairy products, unshredded branches or lobs, weeds heavily loaded with seeds,
plastics, svnthetic fibers, human or pet feces, diseased plants or any other garbage or
refuse except for those permitted in Paragraph I above.
3. Composting Bin. All comnostine materials must be contained in a bin that
shall be designed to limit odors as well as rodent and pest access. The composting
bin shall be constructed of impenetrable and durable materials such as wood, wire
mesh. a combination of wood and wire or in a commercially_ fabricated compost bin
designed to contain composting materials. A maximum of one (1) composting bin is
allowed per lot.
4. Comnosting_Bin Size. Composting shall be conducted within a bin not to
exceed a total of five hundred (500) cubic feet (for example. 10 feet by 10 feet by 5
feet) in volume. The maximum height of the composting bin shall be five (5) feet.
5. Location. The composting bin shall he located in the rear vard of the
property and be at least five (5) feet from the property line. or thirtv -five (35) feet if
the property iine is also a street line, and no closer than twentv (20) feet to any
habitable building, other than the resident's home.
6. Maintenance. The compost shall be managed in keeping with standard
compost practices to enhance rapid bioloc,,ical degradation of the material without
producing objectionable odors to adjacent properties. Techniques include. but are not
limited to, aeration, adding, moisture and providing a balance of composting
materials. Compost shall be properly maintained to minimize odor generation and to
Promote cffective decomposition of materials. A compost bin shall be properly
maintained at all times and in such a manner that conforms to the requirements of this
Ordinance.
7. Nuisance. The operation of a composting bin in a manner that results in
obiectionable offsite odors and /or attracts vermin and /or the placing of prohibited
materials in a composting bin to create a health hazard is considered a public nuisance
and the owner and /or occupant of the lot on which the nuisance is located shall he
responsible for its abatement.
8. Litter. Composting materials not contained within a compost bin as
described in this Ordinance will be considered to be litter.
SECTION SEVEN: AMENDMENTS TO NOTICE OF VIOLATION SECTION
Section Thirteen, " Notice of Violation," of Ordinance 05 -=1.4 is hereby amended to
read as follows:
Sr4.— TOO a' TRIRTPEEK 4 SECTION FOURTEEN Notice of violation.
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Annual published notice. Annually, the County Manager, or his designee(s) will publish,
or cause to be published, a public notice, in substantially the following form, which
details the abatement procedures for violations described in Section Eleven of this
Ordinance, This notice will be published in a newspaper of general circulation for a
minimum of four Sundays beginning with the first Sunday in January of each year, and
on every other Sunday thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMENT
OF COLLIER COUNTY, FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT - ORDINANCE
2005-
Section Eleven, requires that all owners of developed and undeveloped lots shall control all
excessive 67owth of grasses or weeds over 18 inches by mowing. All lots with such vegetation
over 18 inches in height will he identified by a Code Enforcement Investigator and a Notice of
Violation and Order to Correct may, at the County's option, be mailed to the property owner(s) or
posted on the lot. If posted, a copy of this notice will also be posted at the Collier County
Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalce Courthouse at 106 1st
Street S. immokalee FL, 34142, as applicable.
A posted notice may, at the option of the County, be used in lieu of mailing individual letters to
property owners. After ten (10) days from the date of posing or mailing, if no action is taken, the
County will abate the violation by contracting for the lot to lie mowed by a mowing contractor. A
bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of
$100.00. Additional charges can be assessed for oversized lots or extremely overgrown lots.
Repeat violators may be subject to additional fees or charges, or after three violations may be
included in a mandatory lot mowing program instituted by the County.
The owner must remit payment for the amounts bilied within twenty (20) days from the mailing
of the County's invoice. If the invoiced bill is not paid within this twenty -day period a
Determination Order assessing a lien will he imposed by the Special MasiefMagistrate. If
certified and recorded, this order nlay constitute a lien on ALL of the violator's real and personal
property in Collier County. This lien may he paid without further costs, within twenty (20) days
from the date of determination by the Special IerMagistrate for Collier County. If the lien
remains unpaid after one year from the date of the recording of the lien, Collier County may bring
suit to foreclose the lien as set for in Chapter 173, Florida Statutes.
All property owmers are requested to make arrangements for the proper maintenance of their land
as the practice of sending mailed Notices, of Violation to owners, in particular absentee owners,
will be at the option of the County. The cooperation of all affected property owners will assist in
reducing the large number Of Complaints about such nuisances received each year by the Code
Enforcement Department. Compliance with this requirement will also help to control vermin and
improve the appearance of the affected areas of the unincorporated County.
Any questions regarding these procedures can be addressed to the Code Enforcement
Department. Phone number (239) 252 -2440; located at 2800 North Horseshoe Drive,
Naples, FL 34104.
a. Annual publication of this notice is intended to provide continuing
constructive notice to all affected property owners in Collier County of
the procedures for abatement of the specified violations, and of the
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consequences of failing to timely abate cited violations.
b. Failure of the county to timely, or fully, publish the annual notice will
not be a grounds for challenging any enforcement action brought under
this article.
Whenever the County Manager or his designee determines that a public nuisance as
described in sections Five, Eight, Ten, and Eleven of this ordinance, he will cause one or
more of the following forms of notice of violation to be provided to the record owner or
owners of said property informing the owner(s) of said property of the existence of the
nuisance and the corresponding violations(s). The form and manner of the notice
provided will be determined by the Director of Code Enforcement and will depend on the
number of violations cited to a particular property owner(s), the number of frequency of
any prior violations at property owned by the violator(s), the timeliness of any prior
abatement(s) of similar ,iolation(s), the existence of other code violations, and of any
previously satisfied, foreclosed, or outstanding code enforcement liens. As a general rule,
cenified mail, return receipt requested, should be provided to all first time violators as set
forth in the corresponding procedures below. Posted notices are generally considered
appropriate for repeat violations at the same location or for the same violator(s)
especially when there is a pattern of certified mail sent to property owners who are not
Collier County residents being returned unclaimed or being refused.
a. A notice of violation may be served on a violator, i.e., the record owner(s) of the
cited property, either by:
Certified mail, return receipt requested, notifying the record owner(s) of
the cited violations via a notice in substantially the following form:
Code Enforcement Department
Notice of Violation and Order to Correct
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
[datej determined that a public nuisance exists on your property pursuant to
County Ordinance No. 2005- (as amended), caused by: [describe
violation]
You are further notified that you shall abate this nuisance within ten (10) days of the date
of this notice by [describe how to abate] . Failing this action on your part,
the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO
ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN .AGAINST
YOUR PRDPERTY. The lien shall include the direct cost plus an administrative fee of up to
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5200.00 and will be levied as an assessment against all of the property you own.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR
OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH
VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN
ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in writing,
for a hearing before the Special MastefMagistrate within fifteen (15) days from the date of this
notice of violation,
Or:
ii. by posting a Notice in a substantially the following fonn in a clearly visible
location on the cited property, and at the Collier County Courthouse, or
lmmokalee Courthouse. The posted Notices must he in substantially the
following form:
POSTED
Collier County Code Enforcement Department
Notice of Violation of Section
Order to Correct
To: [Owner(s) of Record]
of Ordinance 2005- (as amended), and
Date Posted:
Violation/Case No.
Property [Insert address where violation occurred]
Folio #:
As the official record owner(s) of the above - described property, you are hereby
notified that a public nuisance exists on this properiv as of [insert date] in the forth of:
[describe violation] on the subject property.
You are further notiiicd that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above - described property to
be: [mowed /exotics removed, or otherwise describe how to abate]
If' the violation is not ahated within the time required, the County may act to cause the
nuisance to be ahated. FAILURE TO ABATE THIS NUISANCE MAY RESULT IN
THE RECORDING OF A LIEN AGAINST THE LAND ON WHICH THE
VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY
YOU OWN IN COLLIER COUNTY. Such liens may include the County's costs to abate
the violation plus an administrative fee of up to 5200.00, all of which may be le, led as an
assessment against your property(s).
You may contest this '.Notice of v iulation and detcnnination of the existence of a public
nuisance by applying in writing, for a hearintt before the Speciai t�Magistt-ate within
fifteen (15) days froin the date of posting this notice of violation.
b. If the same violator(s) receives three or more notices of violation of this article
during their ownership of any property in Collier County, even though the
violations may have been timely abated, a penalty of 550.00 wit! be char�,ed for
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each notice received thereafter. An administrative fee of $100,00 will also be
assessed for each invoice processed for the payment of said penalty. In addition,
all cited property(s), may at the discretion of the county manager or his designee,
become subject to the county's mandatory lot mowing program provisions in
section Nineteen.
If the property owner or his agent has not abated the identified nuisance as
described in said notice within ten days front the date of the notice of violation,
the County will 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
govemment.
SECTION EIGHT: AMENDMENTS TO ASSESSMENT FOR ABATING
NUISANCE SECTION
Section Fourteen, ".Assessment for Abating Nuisance," of Ordinance 05 -44 is hereby
amended to read as follows:
-OURTrrr N SECTION FIFTEEN: 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 Manager or
his,lher designee. An invoice shall be mailed to the property owner(s) for the cost of
abatement. The invoice shall also include an administrative fee of One- hundred ($1 00.00)
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 to the property
owner including a penalty of Fifty ($50,00) per parcel, plus an administrative fee of One
Hundred ($100.00) for the repeat violation invoice. Each notice of violation thereafter to
the same property owner, shall be processed in the same manner.
3. If the invoice sent by the County Manager or his!her designee is not paid
at the expiration of the twenty (20) days of the date of the invoice, the Special i9asteF
Masistrate and may impose a lien against the property. The Special mastefMagistrate, by
determination order, shall assess such cost against such parcel. Said determination order
shall:
a. describe the land and show the cost of abatement, and shall include the
initial administrative fee of One - hundred ($100.00) per parcel as
mentioned in paragraph 1 of this section, plus an additional administrati%.
fee of One- hundred ($100.00) for lien processing, or
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b. describe the land and shall include the penalty and initial administrative
fee per parcel as mentioned in paragraph 2 of this section.
Such determination order shall constitute a lien, which shall run with the property until
paid. The determination order shall also specify that interest shall accrue on the unpaid
balance beginning on the date the resolution is recorded at the rate of twelve (12) percent
per annum.
4,
A legal notice of assessment of lien shall be
sent to the property owner. This notice shall be in substantially ifi 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 [date] , 20 , order the
abatement of a certain nuisance existing on the above property prohibited by Ordinance
2005- (as amended), and served a notice of violation upon you. The nuisance is:
[describe the nuisance]
You failed to abate such nuisance, «-hereupon, it was abated by the expenditure of
public funds at a direct cost of S _ , and an administrative cost of two -
hundred ($200.00) dollars for a total of $ _ [or, You abated the
nuisance but failed to pay the $ penalty imposed and caused the
County to incur an administrative cost of Two Hundred (5200.00) dollars. Such cost, by
determination order of a Special Mastef Ntauistrate for Collier County, Florida, will
become a lien on your property within twenty (20) days of dctermination by the Special
Master Magistrate when recorded. You may request a hearing, before the Special " e
%IaRistrate to show cause, if any, why the expenses and charges incurred by the County
under County Ordinance No. 2005- fas 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 Secretary to the Special Mas;tef= Magistrate, Collier County
Goven ricnt Center, 2800 North Horseshoe Drive, Naples, Florida 14104 in writing
within ten (10) da),s from the elate of this notice. F. -ULURE TO PAY THE AiNIOUTNT
SPECIFIED IN THIS NOTICE WILL RESULT A, LIEN AGAINST ALL OF YOUR
PROPERTY IN COLLIER COUNTY.
After the expiration of one year from the date of the Lien, as provided herein, a
suit may be filed to foreclose said lien. Such foreclosure proceedings shall be
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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 for- the forth herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens,
coequal with the lien for all state, county, district and municipal taxes, superior in
dignity to all other fried liens and claims, until paid as provided herein.
7. After recording of the Lien, the County Manager 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.
SECTION NINE: AMENDMENTS TO ASSESSMENT RIGHT TO HEARINGS
ON DECLARATION OF PUBLIC NUISANCE AND
ASSESSMENT
Section Fifteen, "Assessment Right to Hearings on Declaration of Public
Nuisance and Assessment," of Ordinance 05 -44 is hereby amended to read as follows:
SECTION FIFT-9KNi SECTION SIXTEE]`.': Assessment Right to Hearings on
Declaration of Public Nuisance and Assessment.
1. Any property owner receiving the notice of violation pursuant to Section
Thirteen may contest this determination by filing an application for a hearing before the Special
mastef Magistrate within fifteen (15) days from the date affixed on the notice of violation,
dependent upon the notice and type of proceeding.
2. Every owner of real property within unincorporated Collier County is required to
maintain such property in a manner so as not to violate the provisions of this ordinance, and such
owner remains liable for violations thereof regardless of any contract or agreement with any third
party regarding such property.
3. If, after said hearing, the Special master Miagistrate determines that the
assessment is fair, reasonable, and warranted, the assessment determination order shall be
recorded forthwith. If the Special ai&:,ter- Magistrate determines that the charges are excessive or
unwarranted, it shall direct the County Administrator to re- compute the charges and the Special
=meter Magistrate shall hold a further hearing after notice to the owner upon the re- computed
charges.
SECTION TEN: AMENDMENTS TO ENFORCEMENT PROCEDURES
SECTION
Section Sixteen, "Enforcement Procedures," of Ordinance 05 -44 is hereby
amended to read as follows:
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SECTION MXTEEN'i SECTION SEVENTEEN: Enforcement Procedures.
Collier County Investigators ..r he "i°- Ceem are hereby empowered to issue written
corrective notices and./or notices to appear in County court, or before the Special n,asiff
Magistrate to any person violating the provisions of this Ordinance. All such notices issued, shall
be maintained by the issuing authority for public inspections, during normal office hours.
Written Corrective Notices issued by County Investigators acting pursuant to of this
Ordinance shall state the date observed, nature of the offense committed, corrective measures to
be taken and the date on or before which such corrections shall be made.
Any person who has been served with such notice in accordance with the provisions of
this Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so
ordered and /or to comply within the time frame so ordered therein, shall he in violation of this
Ordinance.
SECTION ELEVEN: AMENDMENTS TO PROCEDURES FOR IMMEDIATE
CORRECTIVE ACTION SECTION
Section Seventeen, "Immediate Corrective Action," of Ordinance Number 05 -44
is hereby amended to read as follows:
SECTION EIGHTEEN: Immediate Corrective Action.
In the event the County Manager, or his designee, determines or has reason to
believe that a violation including, but not limited to, accumulation of weeds or litter
presents a serious threat to the public health, safety or welfare of the public or that the
violation is of such a nature as to require immediate correction., the violator may be
required by notice to effectuate immediate corrective measures upon receipt of the notice.
The notice, substantially in the form set forth in Section T-- een Fourteen, shall advise
the owner that the County will remedy the hazardous condition as soon as possible. To be
effective, the notice shall be served upon the occupant if the property is occupied or
physically posted on the property and sent by certified mail to the owner as his'her name
appears on the records of the property appraiser.
SECTION TWELVE: AMENDMENTS TO PROCEDURES FOR MANDATORY
LOT MONN'ING PROGR_AA1 SECTION
Section Nineteen, "Procedures for Mandatory Lot Mowing Program," of
Ordinance Number 05 -44 is hereby amended to read as follows:
MUWING SECTION' *" NK-'^E -914 SECTION TW'E'NTY Procedures For
Mandatory Lot Mowing Program
1. inclusion in mandatory lot mowing program. If a public nuisance is
detc -mined to exist three or more times after July 15, 2001, on a particular lot or parcel of
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unimproved property while under the same ownership, then at the discretion of the
County Manager, or his designee, such property will be placed in the Mandatory Lot
Mowing Program, as set forth below.
2. Exemption from lot mowing program Individual property owners of
record whose real property is included in the County's mandatory lot mowing program,
may request an exemption from inclusion in the program by submitting to the County
Manager, or his designee, a signed written agreement, acceptable to the County,
covenanting that the property owner will maintain the property so that the height of any
grass, weeds, or otherwise regulated vegetative matter will not constitute a public
nuisance or exceed eighteen inches in height. In addition, the property owner must
provide a letter of credit, contract agreement, escrow agreement, or some other surety
with a mowing company that is acceptable to the county. The surety provided may vary,
but must remain in effect throughout the property owner's ownership of the property s).
The agreement must also include a provision of understanding by the owner that should
he /she fail to keep the contract agreement and ensure no violation to this code exists on
the property(s), the agreement approved by the County will become null and void. In that
event the property owner would be provided written notice that the lot mowing program
exemption would be revoked by a date certain, the property would he placed in the
Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long
as owned by the same property owner(s).
3. Alundatory Lot MoAing Invoice Billing. The County Manager, or his
designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory
Lot Mowing Program. Invoice billing amounts will include actual costs incurred for
mowing, plus an administrative fee. The invoice will be mailed to the address listed with
the Collier County Property Appraiser's Office as the tax roll address of record. Notice to
owners) of account balance requirements are accomplished in this Section, and receipt of
the invoice will not defeat this persoraI service, nor bar the County from proceeding with
enforcement, creating lawful Bens, and performing the necessary abatement under this
Ordinance.
4. railure to comply with payment of a Mandatory Lot Mowing invoice, as
set forth in Subsection (3) above, will constitute a violation to this Ordinance. If, after 30
days of mailing, the invoice has not been paid, the County Manager, or his designee, will
proceed with enforcement procedures to file a pier.. The Legal Notice of Assessment of
Lien will be submitted to the Special r Magistrate who shall impose a lien against
the property. The Special nqasteF Magistrate shall assess all applicable costs and f es
against such parcel and all other properties owned by the violator in Collier County. Said
action shall: A) describe the land that has been included in the Mandatory Lot Mowing
Program and show the cost of abatement, which shall include the initial administrative
expense of one- hundred (5100.00) plus one - hundred (5100.00) per parcel for lien
processing. Such action., when recorded, shall constitute a lien on all personal and real
property located in Collier County, which runs with the owner's real property until paid.
The action will also specify that interest will accrue on the unpaid balance beginning on
the date the i-eselation order of the Special A9auistrate is recorded at the statutory interest
rate per. annum.
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5. Legal notice of assessment of lien The Legal Notice of Assessment of
Lien will substantially be in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
TO: [Insert Property Owner's Name and Address] DATE:
REFERENCE INVOICE #: VIOLATION FOLIO #:
VIOLATION 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 determine a public nuisance existed and constituted a violation
of county regulation on _ , 200_ and ordered the abatement of certain
nuisance existing on the above property prohibited by Ordinance No. 2005- as
amended, and set-ved a notice of violation upon you. The nuisance is: [describe
the nuisance]
You have failed to timely abate such nuisance: whereupon, it was abated by the
expenditure of public funds at a direct cost of $ .00 and an administrative cost of
S .00 for a total of S
Such costs, by order of the Special MastefMagistrate, will become a lien on your
property when recorded. FAILURE TO TIMELY PAY THE .AMOUNT SPECIFIED
IN THIS NOTICE NVILL RESULT IN A LIEN AGAINST ALL OF YOUR
PROPERTY IN COLLIER COUNTY.
Upon determination order by the Special MastefMa.Jistrate, the Secretary to the Special
M&ster- Magistrate will immediately mail a copy of each approved order and Notice
Assessment of Lien via regular U.S. mail. If full payment for the assessed amount, is not
made by the property owner within twenty (20) days from the date of signature of the
determination order by the Special M sEer- Magistrate, then the Secretary to the Special
Mawsw,F - Magistrate will automatically and without further direction record both the Order
and Notice of Assessment of Lien in the public records of Collier County. Recording said
determination order will act to impose a lien on the violator's property.
6. Limitation on time to contest levy of lien. Any person aggrieved by the
action of the board must commence an action in circuit court within thirty (30) days from
the date the order is rendered. Unless such action is bezun within this thirty (30) day
period, all objections of that peh:son to the imposition of the lien will be &-med to have
been waived.
7. Prepayment and recording of lien. For a period of twenty (20) days after
the date of the order of the special master levying the delinquent lot - mowing lien, the lien
may be paid without additional interest. Properties, for which payments are received or
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postmarked within twenty (20) days from the date the order is signed, will stay the
recording of the lien. If, after expiration of the prepayment period payment expires and
said payment is not received. A certified copy of the order will be recorded in the Office
of the Clerk of the Circuit Court in Collier County.
8. Release of lien Owners who have paid the delinquent lien in full after the
recording of the lien are entitled to a release and satisfaction of lien from the County. The
recording of the release and satisfaction of lien and any charges therefore are the
responsibility of the property owner.
9. foreclosure. Liens associated with this section may be foreclosed in the
same manner as liens for property taxes or special assessments. In the event the County
prevails, owners of property(s) against whom a foreclosure action is commenced will be
liable for all fees, costs and expenses incurred by the county or its agents, including
reasonable attorney's fees, and the same may be assessed as a cost in the foreclosure
action.
10. Validity of liens not affected by irregularities. Any informality or
irregularity in the proceedings to impose a lien for delinquent lot mowing fees will not
affect the validity of the same after the order levying the lien has been as adopted, and no
deviation from the procedures prescribed above will affect the validity of the lien unless
it can be clearly shown that the party objecting was materially injured thereby.
11. Alternate methods of collection permitted. Nothing herein prohibits the
County froth utilizing other means to collect delinquent lot mowing fees including, but
not limited to, an action for damages filed in the appropriate court in Collier County,
Florida.
SECTION THIRTEEN: AMENDMENTS TO PENALTIES SECTION
Section Twenty, "Penalties," of Ordinance 05 -44 is hereby amended to read as
follows:
SUGTION zWE T—ri SECTION TWENTY-ONE: Penalties.
if any person fails or refuses to obey or comply with or violates any of the provisions of
this article, such person upon an order by the Code Enforcement Board or Special +nasteF
Magistrate may he tined as authorized by the Ordinances establishing the Enforcement Board and
Special +fla"Eef Magistro te. Each violation or non - compliance shall be considered a separate and
distinct offense. Further, each day of continued violation or non- conpliance shall be guilty of a
separate offense.
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 noncompliance. Any person convicted of such offense, shall be guilty of a
misdemeanor and shall he punished by a fine not to exceed five hundred (S-5 00.00) or by
imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
Court.
Further, nothing is this section shall be construed to prohibit the county from prosecuting
any violation of this article by means of a code enforcement board, or special master. established
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pursuant to the authority of Chapter 162, Florida Statutes.
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 allowed by law.
SECTION FOURTEEN: CONFLICT AND SEVER4BILLITY
In the event this Ordinance conflicts with any other ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any court of competent
jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaindering portion.
SECTION FIFTEEN: 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 re- lettered to accomplish such, and the word `ordinance" may be changed
to "section," "article," or any other appropriate word with the Department of State.
SECTION SIXTEEN: EFFECTIVE BATE
This ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of
ATTEST:
DWIGHT BROCK, CLERK
BY:
, Deputy Clerk
Approved as to form and local
sufficiency:
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, CHAIRMAN
Pa< -e 20 ot'21
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Page 24 of 24
Marjorie M. Student - Stirling
Assistant County Attorney
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and I'll ask our county manager to go ahead and repeat it.
MS. FILSON: I have it marked, Mr. Mudd, if you need me to
read it.
MR. ML1DD: Good. The five people would help a little bit,
especially the nurse.
MS. FILSON: Linda Mitchell is the RN; James Talano is the
MD; Steve Shafor is the Pharmacist; Walter Kopka is the EMS
representative; and Robert Metzger, the Fire Chiefs Association
representative.
COMMISSIONER COLETTA: Absolutely correct, Ms. Filson.
CHAIRMAN FIALA: And the second was who?
COMMISSIONER COYLE: Me.
CHAIRMAN FIALA: So I have a motion on the floor to
approve these five people to this particular committee, Emergency
Medical Policy Advisory Committee.
Motion was made by Commissioner Coletta, seconded by
Commissioner Coyle.
Any further discussion?
(No response.)
CHAIRMAN FIALA: All those in favor, signify by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. That's a 4 -1 vote. Thank you.
Item 91 OF
RECOMMENDATION THAT THE BOARD OF COUNTY
COMMISSIONERS APPROVE LAVING STAFF ADVERTISE
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AND RETURN FOR THE BOARD'S CONSIDERATION AT A
FUTURE MEETING THE LITTER, WEED AND EXOTIC
CONTROL ORDINANCE (ORDINANCE NUMBER 05 -44) TO
CLARIFY THE REQUIREMENTS FOR THE SPECIAL
MAGISTRATES ROLE IN THE IMPOSITION OF NUISANCE
ABATEMENT LIENS AND TO INCORPORATE THE BOARD'S
PRIOR DIRECTION AS REFLECTED ON THE ATTACHED
PROPOSED AMENDED ORDINANCE - MOTION TO APPROVE
FOR ADVERTISING, TO INCLUDE 30 FOOT BUFFER ZONE
AROUND PRIMARY RESIDENTIAL STRUCTURES IN
GOLDEN GATE ESTATES — APPROVED
MR. MUDD: Commissioners, that would bring us to our next
time - certain item, which was at 4:30, and that's Item IOF, and that
reads, a recommendation that the Board of County Commissioners
approve having staff advertise and return for the board's consideration
at a future meeting the litter, weed, and exotic control ordinance,
ordinance number 05 -44, to clarify the requirements for the special
magistrate's role in the imposition of nuisance abatement liens and to
incorporate the board's prior direction as reflected on the attached
proposed amended ordinance.
This item was asked to come on the regular agenda by
Commissioner Coletta.
COMMISSIONER COLETTA: If I may?
CHAIRMAN FIALA: Commissioner Coletta?
COMMISSIONER COLETTA: Peter, would you be so kind to
go out in the hall and tell the chief to come back? I need him here for
this, too.
This has to do with two things that are on there that I need some
clarification. And one, of course, has raised quite a bit of concern.
But I think that some of that concern's been abated as we've gone
forward -- is the idea of the -- did we catch him, great -- the ordinance
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regarding the cutting of vegetative matter within 30 feet of a dwelling
or an auxiliary structure.
And as a measure to try to meet some of the needs of the
residents, you dropped the auxiliary structure off that. I don't feel
comfortable without hearing from somebody that's got a little more
authority in this.
Chief, would you -- forgive me for calling you unprepared, but
this has to deal with that ordinance change we're looking at. I know
we're in the midst of the fire season. Are you familiar with what we're
talking about?
CHIEF METZGER: I have had an extremely brief overview on
what you're talking about.
COMMISSIONER COLETTA: Okay.
CHIEF METZGER: But you can probably guess my position.
COMMISSIONER COLETTA: No, I can't. No, really, I can't,
and that's why I'm glad you're here.
Ms. Flagg, would you be so kind as to state exactly how this
ordinance is put together regarding the requirements for cutting brush
and grass in the Estates area.
MS. FLAGG: Diane Flagg, Code Enforcement Director, for the
record.
This is to mow or remove weeds and grass 30 feet from a
residential structure, and Chief Metzger has -- his district covers quite
a bit of the Estates area, which is -- right now it's a requirement for all
mowable lots excluding Estates, and this proposal was just to limit it
to 30 feet of residential structures within the Estates area.
Chief Metzger?
CHIEF METZGER: And Robert Metzger, Fire Chief of Golden
Gate, for the record.
If I understand the ordinance correctly, you're talking about 30
feet -- from 30 feet in to the structure; in other words, from a structure
and 30 feet out?
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MS. FLAGG: Correct.
COMMISSIONER COLETTA: Where possible. I mean, the lot
might not be 30 feet going from the structure --
MS. FLAGG: And /or to the tot line.
COMMISSIONER COLETTA: -- somebody else's property.
CHIEF METZGER: Part of good management of a person's
property to protect a structure during fire season is to maintain a clear
distance around the structure so that we can suppress fire. That
distance is 30 feet.
And what we support is maintenance of that area so that any
brush or any growth is controlled to a degree that it does not
encourage or promote fire. And when it's left to overgrow, even if --
even if it's cut down to a -- say, a degree of 18 inches or something
like that, that still may present a substantial fire load.
Our position is that there ought to be some control of that 30 -foot
area around the property such that it doesn't promote fire during fire
season.
COMMISSIONER COLETTA: Okay. What about auxiliary
structures?
CHIEF METZGER: Weil, when you say that, if you're just
talking about a detached out - structure that is storing things of the
owner's choosing or so forth, I think it makes sense for the individual
to still protect that in the same manner, but when we go out to fight
wildland fire, the exterior structures that are detached from the
primary residents we generally do not take a stand on. We take a
stand on the residences themselves.
So it's -- while we promote good fire practice out there, we as a
fire district are taking a stand on the primary residence.
COMMISSIONER COLETTA: I understand. But just to be able
to give direction to us, if we want to make sure that whatever we come
up with meets the safety needs of the public but is not overimposing as
far as take away personal freedoms to be able to make their own
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choices -- so it's not a real concern of yours as far as the auxiliary
structures go as far as -- the way the ordinance is now written, it
exempts auxiliary structures from it. You don't have a problem with
that?
CHIEF METZGER: I don't have a real problem with that,
Commissioner.
COMMISSIONER COLETTA: Thank you. You've been most
valuable with what you have passed on.
But probably the -- one of the other reasons, too, that I pulled this
was another part of the ordinance that I find extremely troublesome,
and we've got a couple of speakers, too, that are going to be
addressing it.
Thank you, Chief.
But it has to deal with the compost ordinance. I'm totally lost
what we're trying to accomplish. If there's ever an overexertion of
government authority, it's that ordinance. It makes absolutely no
sense. Objectionable odor. I'm trying to figure out what that is and
how you set up a compost pile. Are we going to require our code
enforcement officers to go into people's yards and start tearing the
compost pile apart to find out if it has objectionable pieces of material
in it?
Even though we're exempting the Estates from this the way it's
presently written because of the objection of members of the civic
society -- civic association, for just reasons, I still have concern about
it applying to the rest of the county. I really do. I just -- I think it's
overambitious and doesn't accomplish any meaningful goal.
And with that, I'm going to turn it back to you and the
commissioners and the speakers that you have.
CHAIRMAN FIALA: Okay, fine. I have five speakers.
Commissioner Henning, would you like to hear the speakers
first?
COMMISSIONER HENNING: No, because I think they'd be
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interested in other provisions in here. But just to clarify the
composting, it came about because code enforcement was -- if
somebody had a pile of palm fronds, that they would cite them for --
under the weed and litter ordinance. That's why it's there, and besides
the fact, composting is good for our landfill.
The second thing is, under the exemptions, Golden Gate --
Golden Gate Estates was exempt. Now it says, properties that are
unimproved that are located within the Estates zoning districts shall be
exempt from nuisance declaration. That was weed and litter.
On your page, it would be Page 10 of 28, number two -- number
one, if you read number one and then read number two, I'm not sure
what we're doing.
MR. TEACH: Commissioner, I'm trying to -- I was talking to
Diane about something else. I'm trying to catch up here.
Commissioner, we could -- certainly those sections could be
clarified.
COMMISSIONER HENNING: What's the intent? Before you
bring it back for advertising, what do you -- what does staff want to do
with this?
MS. FLAGG: I believe the desire is to exempt the Estates from
the -- any composting requirements based upon the feedback from
some of the Estates residents.
COMMISSIONER HEN?`.ING: Right, right, but this, in the
amendment exemptions it said -- I'll read it to you. All areas zoned in
the Estates shall be exempt from, crossed out weed, exotic plant,
public nuisance declaration provided under this ordinance.
Number two it says, properties that are unimproved in the
location of area within Golden Gate Estates, it designates, shall be
exempt from the weed public nuisance declaration provided under this
ordinance.
MS. FLAGG: Right. If you go to -- I think the composting is
number four -- all properties with agriculture and Estates zoning is
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exempt from the composting requirements.
COMMISSIONER HENNING: And I do understand that. The
one and two I don't understand, because unimproved property, what
you're saying is, it's exempt from the weeds, but it's not exempt from
the exotics.
MR. TEACH: Well, you know, Commissioner, obviously if it's
the board's direction, we can include the exotics in paragraph number
two as well, because if it's an unimproved structure -- and I know
some of the Golden Gate residents who we met with last week
indicated a wish to have a more natural feel to the Estates.
COMMISSIONER HENNING: Right.
MR. TEACH: And that's why we were trying to bring back to
you something that would sort of meet some of those wishes if the
board so approved.
COMMISSIONER HENNING: Sure.
MR. TEACH: And so I would have no problem amending this
when it's brought back to you to include exotics as well as weeds --
COMMISSIONER HENNING: Okay. Going out to number
one.
MR. TEACH: Scott Teach, for the record.
COMMISSIONER HENNING: Let me give you a different
scenario. Well, actually it's law. You're legally -- your legal ability is
to clear up to one acre. So if you have a two- and -a -half acre lot,
one- and -a -half acres isn't going to be in preserves. You're going to
have weeds out there.
And what this amendment says, you're going to have to go back
in that one- and -a -half acres and clean out those weeds in that
Paragraph 1.
I'm not sure if that was the intent of staff. If definitely wasn't the
intent of the Board of Commissioners.
MR. TEACH: We can correct that.
MR. KLATZKOW: I think, Scott, the question is, what are you
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guys trying to do? And that's a Diane Flagg question.
COMMISSIONER HENNING: Right, it was a staff.
MS. FLAGG: It's strictly 30 feet from a residential structure.
MR. KLATZKOW: That's a different provision.
Number one, what are you trying to do? Because I read that as
saying that if you're in the Estates and you have exotics plants on your
property, we're not going to prosecute.
MS. FLAGG: That's based on the current ordinance.
MR. KLATZKOW: And that's just what it says?
MS. FLAGG: Right. The only change that's happened here is
weed is crossed out; otherwise, the current ordinance reads that the
Estates is exempt from the exotic plant public nuisance declaration.
MR. KLATZKOW: And the intent for two is that if you have an
unimproved property, that you're exempt from the weed ordinance?
MS. FLAGG: That's correct.
MR. KLATZKOW: If you're in the Estates?
COMMISSIONER HENNING: But not the exotics?
MS. FLAGG: No, not in the current ordinance, correct, and there
wasn't a discussion in regard to exotics. I mean, certainly you all can
provide direction to also exempt them from exotics.
COMMISSIONER HENNING: If you read the old ordinance it
says that Golden Gate is exempt from the weed and exotic --
MS. FLAGG: Correct.
COMMISSIONER HENNING: -- part of that. So what you're
doing in one and two, I'm not sure.
MR. TEACH: Weil, I think one is taking into consideration what
the chief just talked about, because we're adding a 30 -foot, at least
around the residential primary structure as far as weeds and
overgrowth. And I would --
COMMISSIONER HENNING: If that's the intent is just to deal
with that 30 -foot, then it just needs to be clarified.
MR. TEACH: Right.
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COMMISSIONER HENNING: One and two is within the
30 -foot.
MR. TEACH: Right. I agree, Commissioner, because I think,
you know, that's what the intent is, just to capture that 30 -foot around
the primary structure.
COMMISSIONER HENNING: That's it.
CHAIRMAN FIALA: Okay. So in order to do that, do we need
to bring it back?
MR. MUDD: Yes, ma'am. It has to -- this is only to come back
and advertise. What you're doing is clarifying the section that you
would like to have be more specific in detail.
CHAIRMAN FIALA: Okay. So we have five speakers. Would
you call the speakers, please.
COMMISSIONER COYLE: What?
MR. KLATZKOW: We haven't advertised this, sir.
MS. FILSON: Michael Ramsey. Heil be followed by Tim
Nance.
MR. RAMSEY: Howdy. Hope everybody's having a good day,
and I'm here to help.
Madam Chair, Commissioners, my name's Michael R. Ramsey. I
live at 2631 4th Street Northwest. I'm a 20 -year resident of the Estates,
member of the Golden Gate Estates Civic Association, and I'm
President of Ramsey, Inc., Ecological Consulting.
I have had about 30 years of experience studying the ecology in
this area, writing management plans for wildlife and endangered
species, and managing habitats in South Florida.
Today I'm representing the Golden Gate Estates Area Civic
Association in regards to this issue for the litter, weed, and exotics
ordinance and its proposed modifications.
I have five points of our position from Golden Gate Estates Area
Civic Association.
Number one, in our opinion, the proposed modification to
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remove the exemption for the Estates for the 18 -inch grass height
restriction, which we currently enjoy, is a change in the land use
activity that appears to be unwarranted and it places an unfair
economic -- and places an unfair economic burden upon the residents
of the Estates.
This action will interfere, it appears, without substantial
justification to rural lifestyle activities over 72,000 acres.
Number two, the association supports the position that a 30 -foot
defensible space around a permanent dwelling should be implemented
as we discussed here earlier.
But in our opinion, we think it should follow more of a voluntary
example set by Diane Flagg and code enforcement in relation to
foreclosure issues.
We feel that a volunteer effort that we've been supporting for the
last couple years in this issue would present a greater result in 30 -foot
defensible clearing and more community support.
Number three, if an ordinance is needed by code enforcement to
assist in this matter, we recommend modification and placement of a
change of the 18 -inch grass height restriction and a 30 -foot mandatory
clearing of the property maintenance ordinance.
We feel that placing it there would allow more selective
enforcement because a property would be noticed in our opinion two
or three times before a landscape restriction or mandatory clearing
would be placed upon it.
In our discussion today about this ordinance modification, we
think from the Estates Association viewpoint that we're actually
pointing out a bigger problem in the Estates by discussing this. The
unintended results, we feel, of a very aggressive vegetative protection
ordinance is the result of the wildfire hazards we see today by having
a lot of homes in close proximity to large, wooded forested areas.
COMMISSIONER COLETTA: Could we permit him to finish,
please?
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MR. RAMSEY: And last, in my professional opinion as an
ecological consultant, the discussion we are having today points out a
tremendous need to develop a master fire management protection plan
for the Estates. This plan needs to focus on two main areas, wildfire
prevention and improving fire response actions for the local fire
districts.
We think that actions that would allow us to participate more in
this area, we can improve on wildfire prevention, which is cheaper
than putting a fire out, and we could assist our local fire districts with
improved fire response capability.
We also brought with us today two other speakers with us, the
fire chief, Mr. -- Chief Metzger, and we also have somebody else here
from the Division of Forestry that might be able to address some of
your questions about a community wildfire prevention plan.
Apparently there is also an effort, as Commissioner Coletta has
pointed out to us, that there is a state effort to help communities put
together this kind of plan we're talking about. Thank you for your
time.
MS. FILSON: The next speaker is Tim Nance. He'll be followed
by Peter Gaddy.
MR. NANCE: Good afternoon, Commissioners. My name is
Tim Nance. I'm the past president of the Golden Gate Estates Area
Civic Association, a past member of the East of 951 Horizon Study
Commission, and currently the chair of the Citizens Advisory
Committee, and the Metropolitan Planning Association.
I'm addressing you today regarding really the process that's gone
forward on this ordinance as much as anything else. The Estates is a
unique community in Collier, providing opportunity for rural living in
a natural setting, and it's very important to Collier County because it's
currently a bedroom community for the urban coastal zone. It's where
many blue collar workers and service providers live. It's the home for
approximately 10 percent of the Collier population, and it's an expanse
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of over 70,000 acres.
Many assume that the Estates is not heavily regulated, but that's
really an error and it's a myth.
Estates land use, regulations, and restrictions are many. Many
agencies of government with specific focus and goals regulate the land
right around homes in the Estates, including the zoning in the Golden
Gate Master Plan, Collier County Environmental Services, Collier
County Code Enforcement, South Florida Water Management District,
U.S. Army Corps of Engineers, and many endangered species laws
that are both state and federal.
Many of those, of course, as you can tell by the list, have an
environmental focus; however, these restrictions on the use of land
right around the homes is not coordinated and often contradictory and
often confusing to residents.
Basically, what I would do as a resident of the Estates area is ask
for the help of the Board of County Commissioners to engage the
community when Estates land use changes and sweeping regulations
are proposed, basically support a public discussion.
I would like to say that we've had very wonderful response from
the Collier County attorneys, and particularly from Diane Flagg and
her staff of code enforcement; however, we really don't think this has
been discussed by the residents of the Estates.
Our goal in getting that done would be to improve the process to
achieve the best possible results and give you more information to
make your decision by, and basically to avoid unintended
consequences in rural areas where urban standards are inappropriate or
harmful. And there's a couple examples. If I had the time, I could
give you a couple direct examples of that.
I personally am requesting the full support of the Board of
County Commissioners to reprioritize our ordinances that affect the 30
feet directly around the homes, and there are many. What -- in my
opinion and in the opinion of many residents out there, is we need to
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put our professional firefighters at the top of the pyramid of regulation
of the 30 feet around the home, support the 30 feet of defensible
space, and enable the citizens to act without red tape and excessive
regulation when their public safety is at risk right around their homes.
Basically right now, the 30 feet of defensible space around the
home that's recommended by the fire -- by our fire professionals is not
supported by the current codes and ordinances and rules. It's a
Quagmire of confusion, which often discourages and prevents citizens
from taking action on their own for fear of fines or violating the law.
Thank you very much.
MS. FILSON: The next speaker -- the next speaker is Peter
Gaddy. He'll be followed by Michael Weston.
MR. GADDY: Good afternoon, Madam Chairperson and
Commissioners.
CHAIRMAN FIALA: Bless you.
MR. GADDY: I want to thank the county attorney, the State
Department of Forestry, Chief Metzger, and Diane Flagg for all of
their efforts in working on this ordinance and bringing to light the
potential wildfire issues which we face in Golden Gate Estates.
Just as an example, Commissioner Henning, you raised the issue,
well, why aren't the accessory buildings included? Nell, the potential
is that you could violate the Land Development Code if you included
all of those -- all of the buildings on a lot within this ordinance. So
there is a potential conflict that you'd be clearing more than one acre.
Here's what we'd like to do. Through the good offices of
Commissioner Coletta, he has set up a workshop on fire danger and a
wildfire workshop for March 5th at the ag. center out in Golden Gate
E states. There's going to be a lot of participants in that workshop.
We're talking about Golden Gate, Corkscrew; we're talking about
forestry, environmental services, code enforcement, the City of
Naples, the EOC; we're talking about transportation, utilities, the
water district, Sheriffs Office, and DEP.
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There are a lot of issues that need to be addressed, but one thing
is for certain, we do not have in place a wildfire protection and
suppression plan at the present time. We'd like to develop such a plan.
As a matter of fact, Mr. Ramsey is qualified to write such a plan and
has already started doing so.
So our recommendation is that this matter be sent to the Planning
Commission for public vetting.
CHAIRMAN FIALA: Thank you. Next speaker?
MS. FILSON: Next speaker is Michael Weston. He'll be
followed by Chief Robert Metzger.
MR. WESTON: Honorable Commissioners, thanks for allowing
me to speak with you today. I'm Mike Weston, CFA, Senior Forester
for Collier, Lee, and Hendry Counties with the State of Florida
Division of Forestry.
On the ordinance that's in front of you guys, you know, less -- as
Chief Metzger said, basically less height around the house is better.
That's people's defensible space. That's what's going to keep a house
safe when a fire does come. We had the 800 -acre fire last year, lost
three homes, seven sheds were destroyed.
We have the ability to have multiple fires that size again this year
and -- in perpetuity going forward. So what the division would like to
recommend would be that, you know, 30 feet's a good minimum.
Again, that's your nationally recognized research study as far as your
minimum defensible space around a house.
We'd also like in the future to start trying to address some of the
interior areas that are very vegetative. I mean, you guys have done
such a good job in protecting all this vegetation around here. Then we
get a fire coming through. And you look at the aftermath of that
Estates fire in there where it destroyed thousands of trees, and where
you had the trees actually surviving was next to those grassy areas that
are going to be mowed right in here.
So as far as the foreclosure issue, you know, for us that's a fear as
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far as getting to houses and not being able to save them. I mean, we're
coming in with our tractor plows and putting in fire lines and stuff,
and then, you know, Chief Metzger and the other structure assets are
corning in and trying to actually do structure protection. And it works
a lot better if we have that 30 feet to be able to go in there and do
those kind of things.
Also, we are trying to lead the creation of the Community
Wildfire Protection Plan. This does a couple things. Kind of gives a
voice to everyone to come together, do a -- you know, almost a
nine - month -long process, we started last August, to come together,
create a plan that's going to look at all the issues, land management,
resource to fight the fires, also the opinions of the residents to try and
make some recommendations.
The other thing that can come out of this is to pull either some
grant dollars down for some of the fuel treatment to do some of the
work so it wouldn't be such as imposition on the residents -- the other
that we'd be able to do out of this is -- Lee County just recently
purchased $600,000 worth of equipment to be able to treat out
people's -- the vegetation that was on a neighboring lot, and they're
actually operating out of a Hawkins bill to go there and basically give
people the 30 feet that they need.
Again, some of the structures we lost in the Estates this year were
because they had that massive brush right next to their structure. This
ordinance won't deal with it. But again, this ordinance is dealing with
something. You know, the lower six inches would be a little bit
better; 18 inches, though, is better than three, four feet, five feet of
vegetation.
Thank you very much.
MS. FILSON: Your final speaker is Chief Robert Metzger.
CHIEF METZGER: Good afternoon, Commissioners. I don't
have a lot to add. I would emphasize a couple of things.
First of all, we believe strongly in the development of
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Community Wildfire Protection Plan. The reason for that is as much
to gain partnership with the residents out in the Estates area, because if
we get buy -in on a wildfire protection plan which basically educates
the public about the need for the development of that in compliance
with the tenants of that, with an educated public, we actually reduce
our fire risks. That means that we gain time, really. If we have a
wildland fire out there, it helps us. We gain time in being able to
suppress it, and that's usually important.
We talk about the 30 -foot zone around a structure to be able to
protect it, and we need to remember that that's a minimum, of course.
But it is essential, so we certainly endorse that. At the same time, I
really believe we have to be mindful of the unique nature of the
Estates area and what it presents not only to the residents who live out
there but really as an asset to this community, to the county, and to be
mindful that whatever we do takes into account the values of the
people who live out there.
That's all I have to say. Thank you.
CHAIRMAN FIALA: Thank you very much. I have two
speakers, but did you have a motion that you wanted to present to us?
COMMISSIONER COLETTA: Yes, 1 do, as a matter of fact.
Recognizing the fact that we're going to be reviewing this with the
public as far as the fire plan that's going to take place, I think if we
start the process going forward with the 18 -inch rule throughout the
Estates as far as improved lots with a house on it, that 30 -feet
perimeter around it would be a good thing to do at this time.
When it comes back to us, we might have a little more
information, we might want to adjust it. So that would be the first part
of my motion.
The second part is that we do away with this compost item totally
from consideration, I think it's not needed anyplace in Collier County.
CHAIRMAN FIALA: Now, does everybody understand the
beginning of his motion, the first phase of his motion? I had a little
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problem with it.
COMMISSIONER COLETTA: I'm sorry. I'll try again. As you
can -- as you heard today, there's a little bit of difference of opinion
between what we're hearing from the people that are forefront as far as
fire prevention. We heard from chief -- Chief Metzger, we heard from
Mike Weston from forestry, and they both said the same thing, that we
need to have something in place that -- to have the brush under control
around Estates lots to be able to protect everyone; 30 -foot perimeter
they were talking about.
I do think that we need at this point in time to incorporate this in
what we're looking to do. I mean, this has to come back to us for
review.
The reason I'm going forward with it now, even though we are
looking at alternatives out there through the fire review -- wildfire
review group, that I do think we need to have this in place going
forward. We can always withdraw when it comes back again if we
come up with a better answer.
I do think that the safety of the residents in Collier County are of
most important concern at this point in time.
CHAIRMAN FIALA: See if you can give me a concise motion,
would you? You're motioning to, at this present time, make sure that
they have 30 feet around their property?
COMMISSIONER COLETTA: Diane Flagg, would you, with
all the legalese you can put into it, pick up on that motion and move
for -ward. Give me --
MS. FLAGG: How about a motion to --
COMMISSIONER COLETTA: --the language.
MS. FLAGG: -- approve to allow us to advertise. That's really --
because this is a two -part ordinance. This is to address a special
magistrate process, and then the second part is to create 30 feet from a
residential structure that folks would need to mow the weeds from that
structure.
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COMMISSIONER COLETTA: Okay, So it already stands. I
don't have to make that part of the motion. That part 1 can approve as
is?
MS. FLAGG: Correct.
COMMISSIONER COLETTA: I have no problem with --
CHAIRMAN FIALA: So you make a motion to approve that
part of it, plus you're adding composting?
COMMISSIONER COLETTA: Asking for the removal of the
composting part of the ordinance.
CHAIRMAN FIALA: Okay. Does everybody understand that
motion? I'll give you a chance to talk.
COMMISSIONER COYLE: Okay.
COMMISSIONER COLETTA: No, don't give him a chance.
CHAIRMAN FIALA: But I need a second to that. Okay. I'll
second it for the sake of discussion.
Okay. Commissioner Coyle, before you jump off your chair, you
go next.
COMMISSIONER COYLE: Based upon what I've just heard,
we're nowhere near prepared to have this thing come back for hearing
before the Board of County Commissioners. There are five speakers
who just spent some time telling us about all the things that are wrong
with this process, in addition to a number of questions from
commissioners.
I don't know why we're talking about advertising and bringing it
back. Why don't you set up a workshop, as someone suggested, have
a workshop, get the input from the community, and then once you're
assured that you have developed an effective plan that would satisfy
most of the interests in the community, and particularly the
commissioner in whose district most of this affects, get with those
people in a workshop. And then once you've done that, advertise it
and come back and let's have a public hearing; because if you go
ahead and advertise it now, we have a public hearing two weeks from
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now, you know, we're going to have the same people talking about the
same thing all over again, and that's a big waste of time for them and
for us.
So I know what Commissioner Coletta wants to do, but let's
make sure we incorporate all the concerns of the community before
this thing comes back to us.
MS. FLAGG: Commissioner Coyle, what these folks are asking
for is actual clearing of 30 feet from their residents, not just the
mowing of grass and weeds. And in talking to the environmental
folks, that's a very long, drawn -out process that incorporates, as
they've indicated, a lot of different laws.
What this is, simply is to correct a process in the special
magistrate process that we have, the proposal before you today, and to
mow the weeds 30 feet from the residential structures. It's not a
clearing.
It's not a clearing. When we start talking about actual flat
clearing, no trees, no hedges, no bushes, which is what they're
speaking to you about, they want the ability to completely clear 30
feet from structures. That's something that is going to take a Long time
to accomplish.
COMMISSIONER COYLE: You know, this is one of those
ordinances that I was told earlier does not exist. It's an ordinance that
has special provisions for certain parts of the county, right?
So I don't care, quite frankly, if this community wants to clear
500 feet around every building, if they have a good reason for it, I'm
gong to buy lt.
So -- but I don't want to have to go through this process over and
over and over. Why not address their concerns now? And so when
you come back to present it to us, we have a complete package and we
can vote on it, we can hear it one time, and we can get on with our
lives.
MS. FLAGG: Well, we can certainly do that. If we can just take
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the weed out of it then and then just address the special magistrate part
of the ordinance, which is also in this weed and litter ordinance.
The special magistrate part, which is what we were actually
coming to you today for, was to have to not come back to you
repeatedly for each and every case where the special magistrate can go
ahead and proceed with the process without bringing each and every
case to the board.
So if we could separate that out, that's what we were proposing,
and then we'll just take -- the county attorney can take all the weed
references out of the ordinance and leave it as is. And as is would
mean that the grass and weeds have no limit of height in the Estates.
COMMISSIONER COYLE: Well, it's not my motion; it's
Commissioner Coletta's motion. But I'd just like to see you have a
complete package when it comes back. 1 just don't want to keep doing
these things a little bit at a time over a period of the next year.
CHAIRMAN FIALA: Commissioner Halas?
COMMISSIONER HALAS: I'm concerned. Can you give me a
-- they want to -- what's the deal with the exotics?
MS. FLAGG: Currently, the current ordinance is that weeds can
grow taller than the houses in the Estates zoned area, and exotics also
can be in the Estates. That's in the current ordinance.
COMMISSIONER HALAS: Well, aren't we trying to eradicate
the exotics? All we're doing is having a ground for them to spread.
MR. SCHMITT: For the record, Joe Schmitt. Simply put, we do
not enforce the removal of exotics on Estate lots. In other areas of the
county, we can go in under contract and remove exotics; because of
the size of the Estates lots and the cost and because of the rural nature,
it's part of the requirement when they develop. But undeveloped
lands, we do not have any authority to go out there under government
authority to go and remove exotics.
COMMISSIONER HALAS: Well, then why are we spending so
much money removing exotics in the rest of the county?
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MR. SCHMITT: We require developers to remove exotics as
part of the development process.
COMMISSIONER HALAS: And then -- but yet if residents in
the urban area have exotics, they've got to get rid of them.
MR. SCHMITT: That's correct. And, likewise, in the Estates,
we'll cite them for removal if they're deemed a hindrance, but we have
no authority -- we've never had the authority to go in and remove
exotics on Estate lots.
CHAIRMAN FIALA: But the seeds just blow all over, right? Is
that what you're saying?
COMMISSIONER HALAS: Yeah. The composting. Is this an
issue?
MR. SCHMITT: Composting.
COMMISSIONER HALAS: Show me some pictures where
somebody had a pile about 140 -foot high.
MR. SCHMITT: Right. Composting was at the direction of this
board. The board discussed an issue in the Estates, as Commissioner
Henning brought up, involving a code case with a pile of palm fronds.
And after discussion by this board, this board directed us to come back
as part of this ordinance to include a section on composting to clarify
and define what was enforceable and define as composting versus
what would be weed and litter, and that's what we attempted to do
under this change we brought to the board.
COMMISSIONER HALAS: I believe that the residents should
have the ability to compost, but it shouldn't end up to be a mini
landfill.
So I think that we have to make sure that we understand what
would be a comparable land -- or a comparable compost pile for a
family out there instead of using this as some kind of an industrial
processing area that it end up being a mini landfill.
MR. SCHMITT: And that's what we tried to do in this. And just
for the -- clarification, what Tim Nance was talking about was
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clearing for vegetation removal permits. Right now you can clear up
to an acre when you develop a lot in the Estates, and then you can
clear up additional property. If you need to clear 30 feet around a
home or a structure, normally you have to come in for a vegetation
removal permit. That is an application process, and staff will go out
and review and conduct a site visit.
I guess what they were requesting -- and that's a whole separate
ordinance, but they're asking to have the authority to do that without
going through the vegetation removal permit process.
COMMISSIONER HALAS: Is the vegetation removal permit
for mowing grass?
MR. SCHMITT: No, that's --
COMMISSIONER HALAS: Okay,
MR. SCHMITT: That's this ordinance. That's a different
ordinance. And I think we're trying to -- we're now confusing
everything into one ordinance.
And I apologize, but this was nothing more than an ordinance to
cut grass on abandoned properties that were in foreclosure to allow us
to go out and use the contract to cut the grass on foreclosed properties.
Right now we have no authority to do that.
COMMISSIONER HALAS: Okay. I think where we need to go
-- and I think Commissioner Coyle lit the nail right on the head, I
think there needs to be a workshop put together by that commissioner
in that district, they sit down and hammer out what they want and
make sure they address all these issues before they bring it back to us,
becaus-1 I'm totally confused.
We've got -- we're not going to remove exotics, we're not going
to -- we've got composting out there, and then there's the deal about
mowing around the perimeter of a building and whether you need a
permit for vegetation removal. It's --
COMMISSIONER COYLE: It's crazy. It's something that
wasn't even advertised. This is nuts.
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MR. SCHMITT: This was at the direction of the board to bring
this back. That's why we brought it back, for your discussion.
COMMISSIONER HENNING: Diane, you mentioned that this
30 -foot buffer zone for fire protection, you mentioned landscaping.
Are you saying that there's going to be --
MS. FLAGG: No. This does not address landscaping.
Landscaping stays.
COMMISSIONER HENNING: No, no, no. Let me finish what I
was saying. What they're proposing, and I think what you said, there
won't be anything allowed in there like landscaping. Did I hear you
right?
MS. FLAGG: What this other ordinance that was never part of
this, what --
COMMISSIONER HENNING: Right.
MS. FLAGG: -- what these folks are suggesting is the ability to
completely clear 30 feet from their structure.
COMMISSIONER HENNING: Right. Is it a requirement and
you can't put landscaping within that 30 -foot? Is that your
understanding?
MS. FLAGG: I believe what their concerns are is that the code
allows them to clear an acre.
COMMISSIONER HENNING: Right.
MS. FLAGG: What they're saying is, is that when they want to
clear 30 feet from their house, it exceeds the acre that they're allowed
to clear.
COMMISSIONER HENNING: Right.
MS. FLAGG: And so they want to pass, if you will --
COMMISSIONER HENNING: Well, you said landscaping, so
why did you say landscaping?
MS. FLAGG: Well, landscaping in terms of like hedges. In
other words, clearing. They can put landscaping in, but they want the
ability to take it out and clear 30 feet from their structure beyond the
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one acre.
COMMISSIONER HENNING:
requirement to have a hedge.
MS. FLAGG: They -- I'm sorry`,
COMMISSIONER HENNING:
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They can today. It's not a
It's not a requirement to have a
hedge.
MS. FLAGG: Oh, I agree with that. But they can't go beyond
the one acre is what the concern is.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: So let me just see if I understood what
just went on here. There's been so much going on. This actually was
here just to mow the land --
MS. FLAGG: Yes.
CHAIRMAN FIALA: -- 30 feet around the property?
MS. FLAGG: Yes.
CHAIRMAN FIALA: T hat's what we were voting on?
MS. FLAGG: That's all we're doing.
CHAIRMAN FIALA: These people have some other concerns?
MS. FLAGG: Yes.
CHAIRMAN FIALA: So what we should be doing is vote on
this thing, do we want to let you mow them or not, and bring the other
stuff after it's gone to a workshop, back to us, for consideration; is that
correct?
COMMISSIONER COLETTA: That's about as close as we're
going to get. It's my turn now or no?
CHAIRMAN FIALA: Yes. It is your turn. I just wanted to
make sure that we were talking about the same thing.
COMMISSIONER COLETTA: Well, we got so far off the mark.
CHAIRMAN FIALA: Yes, we did.
COMMISSIONER COLETTA: You know, exotics, Estates area,
the lots are 660 feet deep. There's no way on God's earth you're going
to be able to keep them cleared of exotics. It's not going to happen.
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This was recognized by every commission since ancient history, so
that's not even an issue, and it shouldn't be something that we get
involved with on discussion.
As far as you want -- as far as the ordinance for the -- not the
mulching, but the --
CHAIRMAN FIALA: Mowing.
COMMISSIONER COLETTA: -- compost pile, okay. Just
exempt the Estates and the agriculture area. The rest of the world
wants it, good for them. You know, I just -- I didn't think it was fair if
-- you know, to impose this upon people that might be doing the right
thing.
That ordinance is very specific of what that compost pile is made
up of and what isn't in it. It seemed Iike it was an -- extremely
over- regulative, and that was my concern. But if that's not a concern
with the other commissioners, leave that alone.
MS. FLAGG: We have no preference. We'll just apply whatever
you all decide.
MR. MUDD: Commissioner, let's make sure -- let me make sure
I've got this.
First of all, let staff come back for two items, and then we're
going to sit down in a workshop where everybody, Mr. Nance, Mr.
Ramsey, and whoever else, and Commissioner Coletta, with staff in
order to get down to the other regards.
We need to get the thing resolved on the special magistrate,
because that will save your time; it will save staff s time. We need to
get that done.
Number two, we need to be able to mow 30 foot around the
Estate lots that are foreclosed so I know that they're foreclosed and we
can get it cut around so they're not a fire hazard. We know those two
things. Everybody on this board agrees to those particular items.
CHAIRMAN FIALA: So do we need a motion? Let me stop
you there. Do we need a motion to that effect?
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MR. MUDD: I need you to tell me to come back to the board if
that's what the board desires to do.
MR. KLATZKOW: It's more than just foreclosed property. It's
all residential properties within the Estates.
CHAIRMAN FIALA: Okay. So 1 know we have a motion on
the floor. I'm going to pull my second so that then we can move
forward with this, and then we'll continue on there. Is that okay?
Good.
Okay. So may I have a motion to approve the special magistrate
and also the mowing 30 feet around properties in Golden Gate
Estates?
COMMISSIONER HALAS: Second.
COMMISSIONER COYLE: Primary residences.
MR. MUDD: Primary residences.
CHAIRMAN FIALA: Primary residences.
COMMISSIONER HALAS: Second.
COMMISSIONER HENNING: Can you put in the composting
in that?
COMMISSIONER COYLE: So moved. Or did you make the
motion?
CHAIRMAN FIALA: You just made it.
COMMISSIONER COYLE: Okay. I made the motion.
COMMISSIONER HALAS: Okay. And I second it.
CHAIRMAN FIALA: And you just seconded it. Okay.
No more further discussion; all those in favor, signify by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
COMMISSIONER COLETTA: Aye.
CHAIRMAN FIALA: Opposed, like sign?
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(No response.)
CHAIRMAN FIALA: Okay. Direction?
Yes. Now, we need direction for staff.
COMMISSIONER HENNING: If you bring back that ordinance
about downed vegetation, it's going to be a problem because code
enforcement has, in the past, viewed that as if you have palm fronds
next to a palm tree, that's downed vegetation.
MS. FLAGG: I think we took care -- I can follow up with you
later. But I believe we put an exemption in there for that, horticultural
waste.
COMMISSIONER HENNING: The board just --
MS. FLAGG: It's inhere.
COMMISSIONER HENNING: Okay.
CHAIRMAN FIALA: So now the direction is that
Commissioner Coletta will meet with the residents that are here and
others who are interested, along with staff, and they'll prepare
something that has to do with the other things like composting and
clearing and so forth, right -- or not composting. Whatever you want
to do, right? And then you'll come back to us with a recommendation,
correct?
COMMISSIONER COLETTA: That sounds good. The only
thing is, is I'm very concerned about the fire season that's underway.
CHAIRMAN FIALA: Well, that's why we had to do this
mowing, and we just did that, right? So we did -- did we vote on that?
COMMISSIONER COYLE: Yes, we did.
CHAIRMAN FIALA: Okay, fine. So we're all set on that with a
5 -0 and the direction we've given to staff to move forward on the rest
of it.
COMMISSIONER COLETTA: What about composting?
CHAIRMAN FIALA: You're going to handle that with your
workshop and come back and tell us.
COMMISSIONER COLETTA: Well, we already know that we
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don't want it out in the Estates.
CHAIRMAN FIALA: I know that. I understand that. And we
all understand that you don't want it. I think you just have to put it in
some form. You bring it back next meeting, great, two meetings.
Doesn't make any difference.
COMMISSIONER COLETTA: Well, what's the direction we're
giving staff on that?
CHAIRMAN FIALA: You're going to meet with staff and with
COMMISSIONER COLETTA: Yeah, but composting never
was an issue.
CHAIRMAN FIALA: Well, then why did you bring it up?
COMMISSIONER COLETTA: Just the -- I brought it up
because of the fact that I want the Estates exempt, but I wanted to give
you the chance to weigh in to exempt it in the rest of the county. That
was the only reason.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Who's on first?
COMMISSIONER COLETTA: You know, I just thought it was
a repressive ordinance. I don't like green. You know, be it as it is, I
can approve it the way it is as far as just exempting the Estates from it.
That's fine. Does it say agricultural areas, too, or just the Estates?
MR. MUDD: Commissioner, W 031 re only going to do two things
to come back with this next ordinance so I can get ready for the fire
season. You're going to sit down with your folks over there, with
Chief Metzger and with staff, and we're going to get any other issue
that's out there in this change resolved before we make another change
at a future meeting for the Board of County Commissioners.
CHAIRMAN FIALA: Include composting?
COMMISSIONER COLETTA: Oh, please.
CHAIRMAN FIALA: Right?
COMMISSIONER COYLE: So moved.
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CHAIRMAN FIALA: I don't think we have to move this. This
is a direction.
COMMISSIONER HALAS: Yep.
COMMISSIONER COYLE: All you need is three nods. You've
got --
CHAIRMAN FIALA: We've got them all.
COMMISSIONER COYLE: You've got three.
Item #8B
ORDINANCE 2009 -03: PUDZ- 2007 -AR -12026 STEPHEN J.
LOCKWOOD, TRUSTEE FOR SJL REALTY II TRUST,
REPRESENTED BY HEIDI WILLIAMS, AICP, OF Q. GRADY
MINOR AND ASSOCIATES, P.A., AND RICHARD D.
YOVANOVICH, ESQ., OF GOODLETTE, COLEMAN,
JOHNSON, YOVANOVICH & KOESTER, P.A., REQUESTING A
REZONE FROM THE RURAL AGRICULTURAL (A) ZONING
DISTRICT TO THE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT
TO BE KNOWN AS THE SAVANNAH PLACE RPUD, TO
ALLOW DEVELOPMENT OF A MAXIMUM OF 20
TOWNHOUSE, SINGLE- FAMILY ATTACHED OR SINGLE -
FAMILY DETACHED DWELLING UNITS. THE SUBJECT 6.81
ACRE PROPERTY IS LOCATED ON THE SOUTH SIDE OF
ORANGE BLOSSOM DRIVE APPROXIMATELY ONE HALF
MILE WEST OF AIRPORT ROAD (CR 31), IN SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA - MOTION TO ACCEPT CCPC
RECOMMENDATIONS WITH ENHANCED BUFFER ON
EASTERN SIDE WITH AN EIGHT FOOT HEDGE HEIGHT
ALONG CAY LAGOON — ADOPTED
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Park Project #90611.1 for a lump sum price of $1,690,020.28. (Marla
Ramsey, Public Services Administrator)
Approved - 5/0
Moved from Item #16A1
Time Certain 4:30 p.m.
F. Recommendation that the Board of County Commissioners approve having
staff advertise and return for the Board's consideration at a future meeting
the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05 -44)
to clarify the requirements for the Special Magistrates role in the imposition
of nuisance abatement liens and to incorporate the Board's prior direction as
reflected on the attached proposed amended ordinance.
Motion to approve for advertising, to include 30 foot buffer zone around
primary residential structures in Golden Gate Estates — Approved 5/0;
Direction given for Commissioner Coletta to have a workshop and meet
with residents and staff and come back to BCC with recommendations
It. PUBLIC COMMENTS ON GENERAL TOPICS
A. Ken 'Thompson — Issues with neighbor and noise violations
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K4
A. For the Board of County Commissioners to approve the Filing of a
Foreclosure Action with the Circuit Court of the Twentieth Judicial Circuit
to recover three outstanding Code Enforcement Liens presently totaling
$517,662.48, regarding the Jerry Blocker and Kimberlea Blocker
property located at 1 101 Alachua Street, lmmokalee Florida, a /k/a Shells
Trailer Park Folio #63864720000, #63864680001, and #63864760002.
Motion to table item to later in the meeting — Approved 4/1
(Commissioner Halas opposed); Motion to un -table item — Approved
5 /0; Motion to approve action to foreclose — Approved 4/1
(Commissioner Henning opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
February 10, 2009
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Agenda Item No. 16A1
February 10, 2009
EXECUTIVE SUMMARY Page 1 of 32
Recommendation that the Board of County Commissioners approve having staff
advertise and return for the Board's consideration at a future meeting the Litter, Weed
and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for
the Special Magistrate's role in the imposition of nuisance abatement liens and to
incorporate the Board's prior direction as reflected on the attached proposed amended
ordinance
OBJECTIVE: To obtain the Board of County Commissioner's (BCC) approval to have staff
advertise and return for the Board's consideration, Ordinance Number 05 -44, which sets forth
requirements for assessing liens in nuisance cases that have been abated by lie County, as
reflected on the attached proposed amended ordinance. By approving this amendment, it would
eliminate the necessity of bringing each individual case before the BCC for the adoption of a
resolution to impose a lien by allowing the Special Magistrate to impose Bens without BCC
resolution. The attached proposed amended ordinance also incorporates other recommended
changes as previously directed by the Board.
CONSIDERATIONS: Staff seeks Board approval to amend Ordinance Number 2005 -44 to
allow for the Special Magistrate the authority to impose liens for all costs incurred by the County
in the abatement process of nuisance cases without bringing each individual case before the BCC
for approval and obtaining a new resolution for each property as is currently required in
Ordinance 2005 -44, Section Fourteen ( "Assessment for Abating Nuisance "). The Special
Magistrate already has the authority to impose liens for other violations and this would eliminate
County Staff time in bringing forth all of such cases to the BCC for approval. Additionally, as a
"housekeeping" measure the Code Enforcement Staff recommends changing all references to the
"Special Master" in this Ordinance to the term "Special Magistrate ".
Previously on December 2, 2008, the Code Enforcement Staff sought, and the BCC gave
direction to amend this same Ordinance to add weed abatement requirements for improved
properties in Estates zoned areas. Those amendments are found in the Sections entitled
"Amendments to Declaration of Public Nuisance" and "Amendments to Exemption" of the
proposed Ordinance amendment, which is attached to this Executive Summary. Additionally
there was discussion concerning the Composting Standards Ordinance. Those provisions have
been added to the attached Ordinance at the Section entitled "Amendment Adding a New Section
Entitled Composting Standards" and the Definitions Section has been amended to add new
definitions relating to the composting standards provisions of the amendment.
Finally, the Exemptions Section of the Ordinance has been revised so that (1) non- residential
structures located on Estates zoned properties are not subject to the 30 foot radius mowing
requirement for residential structures, and 112) properties zoned Agricultural or Estates are
exempt from the new composting requirements of the proposed amendments to the Ordinance.
FISCAL DIPACT: None.
LEG.4.L CONSIDERATIONS: This item is to eliminate confusion on the application of
Ordinance Number 05 -44. This matter has been reviewed by the County Attorney's Office and
r is legally sufficient for Board action. The item is not quasi - judicial so no ex parse disclosure is
required. Also, a simple majority vote is necessary for passage of this item. (SRT)
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February 10, 2009
Page 2 of 32
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve having staff
advertise and return for the Board's consideration at a future meeting, amendments to Ordinance
2005 -44, as set forth in the attached proposed amended ordinance.
PREPARED BY: Jen Waldron, Code Enforcement Specialist
ATTACHMENTS: Proposed Amendment to Collier County Ordinance Number 2005 -44.
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Page 3 of 32
ORDINANCE NO. 09-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 05-44, WHICH REGULATES
AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN
THE UNICORPORATED AREA OF COLLIER COUNTY, BY
PROVIDING FOR AMENDMENTS TO THE FOLLOWING
SECTIONS: PURPOSE AND INTENT; TITLE SECTION
DEFINITIONS; LITTER DECLARED TO BE A PUBLIC
NUISANCE; DECLARATION OF PUBLIC NUISANCE;
EXEMPTIONS; NOTICE OF VIOLATION; ASSESSMENT FOR
ABATING NUISANCE; ASSESSMENT RIGHT TO HEARINGS ON
DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT;
ENFORCEMENT PROCEDURES; IMMEDIATE CORRECTIVE
ACTION; PROCEDURES FOR MANDATORY LOT MOWING
PROGRAM; PENALTIES; AND TO ADD A NEW SECTION
ENTITLED COMPOSTING STANDARDS; AND FURTHER
PROVIDING FOR A CONFLICT AND SEVERABILITY
SECTION; AN INCLUSION IN THE CODE OF LAWS AND
ORDINANCES SECTION; AND AN EFFECTIVE DATE SECTION.
WHEREAS, Chapter 125, Florida Statutes, establishes 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 enforcement zoning regulations necessary for the protection
of the public; and
WHEREAS, at the December 2, 2008 Board of County Commission meeting, the
Board directed that certain amendments be made to Ordinance Number 05 -44 specifically
removing exemptions from certain lot mowing requirements for some Estates zoned lots
and adding composting standards; and
WHEREAS, at the January 27, 2009 Board of County Commission meeting, the
Board directed that certain amendments be trade to Ordinance Number 05 -44,
specifically removing the requirement that proposed liens in nuisance abatement cases be
brought to it for approval by resolution before the actual hearing on and imposition of
such liens by the Special Magistrate in order to "streamline" the nuisance abatement
process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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Agenda Item No, 16A1
February 10, 2009
Page 4 of 32
AMENDMENTS TO PURPOSE AND INTENT SECTION
Section One, "Purpose and Intent," of Ordinance Number 05 -44 is hereby
amended to read as follows:
:�-he eede This Ordinance is hereby considered to be remedial and shall be
construed and interpreted to secure the public safety, health and general welfare through
clean and sanitary property, free from wind -blown debris and materials.
1. The accumulation of Litter and Abandoned Property on public and private
property constitutes a hazard and is detrimental to the health, safety and welfare of the
citizens of Collier County.
2. The accumulation of weeds, grass, or Exotics or similar growth on, or in
close proximity to, residentially, commercially, or industrially -zoned land is detrimental
to the health, safety, and welfare of the citizens of Collier County.
3. Compostinz recvcles organic household and yard wastes into compost
which returns needed or¢anic matter into the soil.
AMENDMENTS TO TITLE SECTION
Section Two, "Title," of Ordinance Number 05 -44 is hereby amended to read as
follows:
This Ordinance shall be known and may be cited as the "Collier County Litter,
Weed and Exotics Control and Composting Standards Ordinance ".
AMENDMENTS TO DEFINITIONS SECTION
Section Four, "Definitions," of Ordinance Number 05-44 is hereby amended to
read as follows:
When used in this 6ede Ordinance, the following words, phrases or terms shall
have the following meanings, unless the content clearly indicates otherwise:
1. ABANDONED PROPERTY — Aany wrecked, inoperative, derelict,
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Agenda Item No. 16A1
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Page 5 of 32
or partially dismantled property having little, if any, value other than nominal
salvage value, which has been left unattended and unprotected from the elements,
which shall include, but not be limited to, motor vehicles, trailers, boats,
machinery, appliances such as refrigerators and washing machines, plumbing
fixtures, furniture, and any other similar articles.
2. ABATE — Tto mow a Mowable Lot to a height of less than six (6)
inches, or to remove Exotic Plants to a height of equal to surrounding natural
elevation and to poison any stamps, if remaining, with an EPA approved
herbicide containing a visual tracer dye; or to remove Litter; or to remove
Abandoned Property, in accordance with this Ordinance. Mulching of Exotic
Plants is allowed as long as the mulching occurs in an Enclosed Container, and is
removed from the site.
3. COMPOST— l3ccaved organic materials that decorlvase into organic
soil amendment or mulch.
4. COMPOS ontrolled microbial 'process that
convens vard waste and certain household food waste to organic soil amendment
t
�?- mulch by decomposition of material through an aerobic process.
C01fPOST BI's'— A container which is desiencd for th ,_'M_se of
i! I o vri ng non- living plant material and certain i�nusehold fcmtl waste to
dccornnosA for use as organic soil amendment or mulch. which may c,,e
constructed of wood wire mesh. 9 cornbination of Food and wire or a
i cornrnerci fabricated cornron bin d nu materials.
6. CONSTR`UCT'ION AND DEAfOLOTION DEBRIS- -
Ddiscarded materials generally considered to be not water soluble and non-
hazardous in nature, including but not limited to steel, glass, brick, concrete,
asphalt material, pipe, gypsum Nvalrboard, and lumber, from the construction or
destruction of a structure as part of a construction or demolition project or from
the renovation of a structure, including such debris from construction of structures
at a site remote from the construction or demolition project site. The term includes
rocks, soils, tree remains, trees, and other vegetative matter which normally
I
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Agenda Item No. 16A1
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Page 6 of 32
results from land clearing or land development operations for a construction
project; clean cardboard, paper, plastic, wood, and metal scraps from a
construction project; effective January 1, 1997, except as provided in Section
3
t
403,707(12)(j), F.S., unpainted, non - treated wood scraps from facilities
i
n
G manufacturing materials used for construction of structures or their components
and unpainted, non - treated wood pallets provided the wood scraps and pallets are
separated from other solid waste where generated and the generator of such wood
scraps or pallets implements reasonable practices of the generating industry to
minimize the commingling of wood scraps or pallets with other solid waste; and
de minimis amounts of other non - hazardous wastes that are generated at
construction or demolition projects, provided such amounts are consistent with
best management practices of the construction and demolition industries. Mixing
of construction and demolition debris with other types of solid waste will cause it
to be classified as other than construction and demolition debris.
4. 7. EXOTICS OR EXOTICS PLANTS=- Australian pine (Casuarina,
all species), Melaieuca (all species), Brazilian pepper (Schinus terebinthifolius),
downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia
auriculiformis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck),
eatelaw mimose (Mimosa pigra), and any prohibited exotic species that may be
added to County Ordinance No. 04 -41, as emended, (Section 3.05.08, Collier
County Land Development Code).
-S. 8, ENCLOSED CONT.41NER— Aany container having a physical
structure which prevents materials from falling out, spilling, blowing out by wind
action, or coming out by other accidental means during transport or on -site
storage, and shall include, but not be Iirnited to, garbage cans, truck bodies
capable of being enclosed for transit purposes only, roll -off containers, and any
other container sufficient to prevent the accidental scattering or leaking of said
materials on surrounding properties and on public roads. A dtimpster enclosure is
not an enclosed container.
6: 9, IAfFROVEII PROPERTY — Rreal property that contains buildings,
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Agenda Item No. 16A1
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1 Page 7 of 32
streets (or paved areas) or other structural improvements.
10. INERT WASTE MATERIALS— Bbrick, block, concrete, rock,
stone, earth and sand, free from contamination or other types of waste, free from
protruding rebar and/or other metals, and capable of serving as fill material
without harm to, or pollution of, ground or surface waters.
11. LITTER— Aany discarded, used, or unconsumed substances or
wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse,
debris, paper product (including newspapers and magazines), glass, metal, plastic
or other containers, cloth, wood and wood products, sweepings, liquids (other
than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots,
undergrowth and materials produced by clearing and grubbing and other
horticulture wastes, motor vehicle parts and tires, furniture, oil or grease,
hazardous wastes (including gasoline, paint thinners and other similar types), the
carcass of a dead animal, any obnoxious or offensive matter of any kind, any
object likely to injure any person, or create a �affic or pedestrian hazard, or any
other condition of any unsightly nature, which may have been discarded,
abandoned or otherwise disposed of improperly. Litter shall not include
horticultural writes such as palm fords, that have accu- mulcted on nul?lic or
n-,Jvate nron °rtv as the result of natural conditions_ Natural conditions means
accurruiation that occurs as a result of mn increase by nwtaral gro %kih rather than
man -made.
-0 12. 1t OWABLE LOT—
a. Any portion, piece, division, or parcel of land in any Recorded or
Unrecorded Subdivision of this County, of which ;:fifty percent
(50 %) or more of unimproved property, can be mowed with
bushhog -type or smaller mowing equipment, without damage to
the lot or equipment. For purposes of determining lot size, rights -
of -way, alleys, and all easements shad be included in the
calculation of the plowable Lot; or
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Agenda Item No. 16A1
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{ b. Any portion of Improved Property, which can be mowed with
a bushhog- type, or smaller, mowing equipment without damage to
the lot or equipment.
13. OBJECTIONABLE ODOR — Anv odor present in tl• e outdoor
atmosphere which, by itself or in combination with other odors, is or may be
harmful or incurious to human health or welfare which unreasonably interferes
with the comfortable use and enjoyment of life car pronertv. or which creates a
nuisance.
14. ODOR — A sensation resultinz from stimulation of the human
olfactory organ.
15. OFF -SITE ODORS— Obiectionable odors detectable beyond the
property line in which the compost bin is located
4-8- 16. PROHIBITED ACCUMULATION OF EXOTICS— Aany
1
accumulation of Exotics, which is located on improved or unimproved property.
a
74: 17. RECORDED SUBDIVISION— Land subdivided into three (3)
a or more lots, parcels, sites, units, or any other division of land for which a plat has
been filed with Clerk of Courts of Collier County.
18. RECEPTACLE— A container made of material that will protect
the property and environment from leakage, spillage and overflow of any tvpe of
litter, waste, or debris. A dumpster enclosure is not a receptacle.
134 19. STORAGE OF LITYER— Tthe interim containment of Litter in
a manner approved by the Board of County Commissioners, after generation of
such Litter and prior to proper and final disposal.
20. UNAUTHORIZED ACCUMULATION OF LIYTER— Tdie
accumulation of litter in or upon any public or private property or body of water,
which is not contained within proper containers or receptacles provided for
control of Litter, or is not otherwise permitted or authorized, by any other Collier
Page 6 of 28
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— County Ordinance. This term shall not include building materials used in
construction or repair of a building or structure which materials are properly
stored at the site of such activity, so long as:
1 a. the subject building is being constructed, remodeled, repaired, or
demolished under the authority of an active, valid Collier County
building permit and for which the materials are to be used; and
b, the building materials are secured during construction, remodel,
repair, or building demolition, to prevent the material from falling
out, spilling, blowing out by wind action, or coming out by other
accidental means so that it trespasses on adjacent properties, or
creates a negative visual impact to surrounding properties.
Unauthorized accumulation of Litter shall also include, but not be limited to, the
accumulation or storage of Litter or containerized Litter or Abandoned Property
adjacent to public right -of -way if such materials are placed upon a right -of -way
earlier than twenty -four (24} hours prior to Lt:e regularly
1 scheduled pickup for that location by the County solid waste collection contractor,
or allowing said accumulation, or container to remain adjacent to the public right-
s of -way r *�, °3 =v- Sat °r than twenty -Rbur (24) hours_ after the
scheduled pickup.
Z 21. UNLAWFUL ACCUMULATION OF WEED'S, GRASS OR
SIWL4R NON - PROTECTED OVERGROWTH— Aany accumulation of
weeds, grass or similar non - protected overgrowth if any part of such accumulation
is in excess of eighteen (1 S) inches in height and located on a Mowable Lot, in
any Recorded or Unrecorded subdivision of Collier County.
UNRECORDED SUBDIVISION— Aany land which for the
purpose of sale or transfer has been subdivided for the purpose of sale or transfer,
prior to the enactment of Ordinance 76 -6, as amended, or any other division of
land for which a plat has not been filed with the Clerk of Courts of Collier
County.
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Agenda Item No. 16A1
1 February 10, 2009
{
Page 10 of 32
1
23. 1VOODY YARD WASTE— Hedge or tree trimmings and twigs (1 14
J inch diameter or greater) or discarded Christmas trees
24. WRITTEN CORRECTIVE NOTICE— Aa written statement
issued to the violator or his/her agent identifying and which states the violation,
date of the violation, location of the violation, the corrective measures required to
be taken, and the date by which the corrective measures are to be completed.
25. KI RD TCASTFE Grass/lawr► clinnings laves weeds garden waste
(tomato vines, carrot tops cucumber vines etc) soft- bodied T)lants (flower and
vegetable plants), hedge or tree trimmings and tags (1/4 inch diam °ter or less)
pine cones and needles.
AMENDMENTS TO LITTER DECLARED TO BE A PUBLIC NUISANCE
SECTION
Section Five, "Litter Declared to be A Public Nuisance ", of Ordinance Number 05-44
is hereby amnended to read as follows:
The Unauthorized Accumulation of Litter or improper Storage of Litter or improper
dumping of Abandoned Property or Litter as described in ,, SeN,en,
Nine ey- Ten '_his Ordinance, in or upon public or private property, is hereby declared to
be a public nuisance.
AMENDMENTS TO DECLARATION OF PUBLIC NUISANCE SECTION
Section Eleven., "Declaration of Public Nuisance," of Ordinance Number 05-44 is
hereby amended to read as follows:
1. The accumulation of weeds, grass, or other similar non - protected overgrow'h in
excess of eighteen (18) inches in height is hereby prohibited and declared to be a
public nuisance when 'Located upon any Mowable Lot, and which lot has been
specifically described by legal description and which condition has been
determined by the County Ad z Manager or his designee to be a public
nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be
expected to become, infested or inhabited by non - protected rodents, vermin or
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wild animals, or may furnish a breeding place for mosquitoes, or threaten or
endanger the public health, safety or welfare, or may reasonably be expected to
cause disease, or adversely affect and impair the aesthetic integrity or economic
welfare of adjacent or surrounding property.
2. In the area zoned Estates the accumulation of weeds, grass, or other similar non -
protected overgrowth in excess of eighteen (.18) inches in height is hereby
prohibited and declared a public nuisance when located upon any improved lot
within 30 feet of ary residential structure up to any lot line. Such improved
mnwable lots may reasonably ht deerzed to become fire hazards.
2: 3. The accumulation of Exotics, weeds, grass, or other similar non - protected
overgrowth is hereby prohibited and declared to be a public nuisance when located
upon any unimproved property in this County, which condition is adjacent to a
private or public right -of -way and is not within a Recorded or aUrecorded
Subdivision. However, the requirements for abatement of the public nuisance as
described in * Js Ordinance shall only apply to that portion of the
property to a depth of twenty (20) feet from the property line or lines running
adjacent and parallel to a private or public right(s) -of -way.
3- 4, The accumulation of Exotics is hereby prohibited and declared to be a public
Nuisance when located upon any unimproved property in Collier County when the
Exotics are located within a two hundred (200) foot radius of any improved property
located in a Recorded or aUrecorded sSubdivision. However, the requirements for
abatement of the public nuisance as described in See�ien ThAneeft this Ordinance
shall only apply to that portion of the unimproved property where the Exotics exist
within a two hundred (200) foot radius of any abutting, improved property.
Furthermore, the requirements for abatement of the public nuisance as described in
etie., This" ° ° -- this Ordinance shall only apply when the County receiveds a
complaint,
4- 5. The accumulation of Exotics, weeds, grass, or other similar non- protected
overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and
declared to be a public nuisance when such condition is located on any unimproved
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property in Collier County which is within five hundred (500) feet of Improved
Property when such accumulation has aided any person to conceal or facilitate the
commission of criminal acts against passers -by and the
ublic and is likely to continue to aid in the concealment or commission of future
criminal acts if such accumulation is not abated. A report from the Collier County
Sheriffs Office identifying such unimproved property, which was allegedly utilized
by any person to conceal or facilitate the commission of criminal acts against passers-
by or the eitimns ef er- Gewity up blic shall constitute sufficient evidence.
However, the requirements for abatement of the public nuisance as described in
Seetien 1qii34een this Ordinance shall only apply to that portion of the unimproved
property where the accumulation exists within a five hundred (500) foot radius of
Improved Property.
�- 6. Exotic plants located in right(s) -of- -way, alley(s), canal(s), and easements(s) on
improved property within Recorded or Unrecorded Subdivisions are prohibited and
declared to be a public nuisance.
6: 7. The accumulation of weeds, grass or similar non- protected overgrowth in
excess of eighteen (18) inches in height is hereby prohibited and declared to be a
public nuisance when located upon any unimproved property in the- unincorporated
Collier County, which is not within a Recorded or Uunrecorded Subdivision, when
the weeds, grass or similar growth are located within one hundred (100) feet of the
property line or lines of Recorded or Uunrecorded Subdivision(s),
AMENDMENTS TO EXEMPTIONS SECTION
Section Twelve, " Exemptions," of Ordinance Number 05 -44 is hereby amended to
read as follows:
The area zoned Estates shall be exempt from the weed and Exotic plant public
nuisance declarations provided in - etiefi Elei,an. this Ordinance.
2. Pronerties that are unimproved and that are located within an area with an Estates
zoning designation shall be exemt3t from the weed public nuisance declarations
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provided in_Seetien -Shwem this Qrdinanee.
3. 'ion residential structures located on improved_pronerties with an Estates zoning
designation shall bee exempt from the thirl, (30) foot mowing reouirernents of this
Ordinance.
4. All prorycrties xkFith an Agricultural or Estates zoning designation shall be exempt
from the composting requirements of this Ordinance.
2- 5. Accumulations of protected vegetation such as coastal strands, scrub, tropical
hammocks, dune vegetation and property officially declared "protected" by any
federal, state or local ordinance (such as wetlands), are hereby exempted from
being considered public nuisances deelmetiess under puFsuan"e Seetien Paven-.
this Ordinance.
-3 6. The lands zoned Agricultural that are located outside of the Urban Boundary as
described in on the Collier County Future Land Use Map shall be exempt from
the weed and Exotic plant public nuisance declarations provided in
this Ordinance.
4. 7. All lands zoned agricultural that are not being used for an essential service as
defined in the Collier County Land Development Code and/or a bona fide
agricultural use shall be exempt from the weed and Exotic plant public nuisance
declarations provided in Seetien glevee- this Ordinance.
AilgENDMENT ADDING A NEW SECTION ENTITLED
COMPOSTING STANDARDS
Ordinance Number 05-44 is hereby amended by adding a new section entitled
"Composting Standards" to read as follows:
SECTION THIRTEEN: COMPOSTING STANDARDS*
Corrmostinn is :°rmit-ed or, residential UP in f0U.- { => d
PLO—NJ- t� at all of the fc}Ilc�wirc eonditit�ns am met:
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1. Permitted Composting Materials Only vard waste fruit and vegetable
scraps, coffee grounds egu shells hay, straw, untreated sawdust, sod and manure
from herbivorous animals generated from the site on which the compost bin is located
are permitted composting materials In addition commercially available ingredients
specifically designed to speed or enhance biological decomposition can be placed in
the composting bin.
2. Prohibited Composting Materials The following materials shall not be
placed in the composting bin: woody yard waste, meat bones fats oils whole eggs
dairy products, unshredded branches or logs, weeds heavily loaded with seeds
plastics, synthetic fibers human or vet feces diseased plants or any other garbage or
refuse except for those permitted in Paragraph l above
3. Composting Bin. All composting materials must be contained in a bin that
shall be designed to limit odors as well as rodent and pest access The composting
bin shall be constructed of impenetrable and durable materials such as wood wire
mesh, a combination of wood and wire or in a commercially fabricated compost bin
designed to contain comnosting materials. A maximum of one (1) composting bin is
allowed per lot.
4. Composting Bin Size. Composting shall be conducted within a bin not to
exceed a total of five hundred 500) cubic feet (for example 10 feet by 10 feet by 5
feet ) in volume The maximum height of the composting bin shall be five (5) feet
5. Location. The composting bin shall be located in the rear yard of the
pronem, and be at least five (5) feet from the property line or thirty -five (35) feet if
the property line is also a street line, and no closer than twenty (20) feet to any
habitable building. other than the resident's home.
6. Maintenance The compost shall be managed in keeping with standard
compost *practices to enhance rapid biological degradation of the material without
producing ob;eetionable odors to adiacentproperties Techniques include but are not
limited to aeranon addinz moisture and providing a balance of compos *ire
materials. Compost shall be properly maintained to minini7e odor generation and to
promote effective decomposition of materials A compost bin shall be properly
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maintained at all times and in such a manner that conforms to the reouirernents of this
Ordinance.
7 Nuisance The operation of a composting, bin in a manner that results in
obLectionable offsite odors andlor attract vermin and /or the placing, of prohibited
materials in a composting, bin to create a health haaard is considered a public nuisance
and the owner and /or occupant of the lot on which the nuisance is_ located shall be
- esponsible for its abatement.
8 Litter Composting, materials not contained within a compost bin as
described in this Ordinance will be considered to be litter.
AMENDMENTS TO NOTICE OF VIOLATION SECTION
Former Section Thirteen, "Notice of Violation," of Ordinance 05-44 is hereby
amended to read as follows:
SST= R1RT9EN; SECTION FOURTEEN Notice of violation.
I. Annual published notice. Annually, the County Manager, or his designee(s) will
publish, or cause to be published, a public Notice, in substantially the following form, which
details the abatement procedures for violations described in £eeiien- Sloven of this Ordinance.
This Notice will be published in a newspaper of general circulation for a minimum of four
Sundays beginning with the first Sunday in January of each year, and on every other Sunday
thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMEN r
OF COLLIER COUNTY, FLORIDA
NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCPMS IN HEIGHT- ORDINANCE
2005 -
Seetion Coun v Lit -e- W'- =e�d and Ext tics C� >ntr�l a�zd Gc�m�stirlg Standards
Ordinance requires that all owners of developed and undeveloped lots shall control all excessive
growth of grasses or weeds over I8 inches by mowing. All lots with such vegetation over 18
inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation
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and Order to Correct may, at the County's option, be mailed to the property owner(s) or posted on
the lot. If posted, a copy of this notice will also be posted at the Collier County Courthouse at
3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 106 Ist Street S.
Immokalee FL, 34142, as applicable.
A posted notice may, at the option of the County, be used in lieu of mailing individual letters to
property owners. After ten (10) days from the date of posting or mailing, if no action is taken, the
County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A
bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of
one hundred dollars ($100.00). Additional charges can be assessed for oversized lots or extremely
overgrown lots. Repeat violators may be subject to additional fees or charges, or after three
violations may be included in a mandatory lot mowing program instituted by the County.
The owner must remit payment for the amounts billed within twenty (20) days from the mailing
of the County's invoice. If the invoiced bill is not paid within this twenty-day period a
Determination Order assessing a lien will be imposed by the Special Ma5lerMa is� trate. If
certified and recorded, this a2rder may constitute a lien on ALL of the violator's real and
personal property in Collier County. This lien may be paid without further costs, within twenty
(20) days from the date of determination by the Special N%stewM istrate for Collier County. If
the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier
County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes.
All property owners are requested to make arrangements for the proper maintenance of their land
as the practice of sending mailed Notices of Violation to owners, in particular absentee owners,
will be at the option of the County. The cooperation of all affected property owners will assist in
reducing the large number of complaints about such nuisances received each year by the Code
Enforcement Department. Compliance with this requirement will also help to control vermin and
improve the appearance of the affected areas of the unincorporated County.
Any questions regarding these procedures can be addressed to the Code Enforcement
Department. Phone number (239) 483 252. 2440; located at 2800 North Horseshoe Drive, Naples,
FL 34104.
a. Annual publication of this Notice is intended to provide continuing constructive
notice to all affected propetty owners in Collier County of the procedures for
abatement of the specified violations, and of the consequences of failing to
timely abate cited violations.
b. Failure of the county to timely, or fully, publish the Annual Notice will not be a
grounds for challenging any enforcement action brought under this article.
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2. Whenever the County Manager or his designee determines that a public nuisance
2Xjgk as described in this Ordinance, he will cause one
or more of the following forms of notice of violation to be provided to the record owner or
owners of said property informing the owner(s) of said property of the existence of the nuisance
and the corresponding violations(s). The form and manner of the notice provided will be
determined by the Director of Code Enforcement and will depend on the number of violations
eited issued to a particular property owner(s), the number of and frequency of any prior violations
at the property owned by the violator(s), the timeliness of any prior abatements) of similar
violation(s), the existence of other code violations, and of any previously satisfied, foreclosed, or
outstanding code enforcement liens. As a general rule, certified mail, return receipt requested,
should be provided to A first time violators as set forth in the corresponding procedures below,
Posted notices are generally considered appropriate for repeat violations at the same location or
for the same violator(s) especially when there is a pattern of certified mail sent to property owners
who are not Collier County residents being returned unclaimed or being refused.
a A Notice of Violation may be served on a violator, i.e., the record owner(s) of the
cited property, either by:
i. Certified mail, return receipt requested, notifying the record owner(s) of
the cited violations via a Notice in substantially the following form:
Code Enforcement Department
Notice of Violation and Order to Correct
To: Date:
Ordinance:
Violation /Case No.,
Property:
Folio #:
Dear Property Owner:
According to the oFcial 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. 2005- (as amended), caused by: jdescribe
violation]
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You are further notified that you shall abate this nuisance within ten (10) days of the date
of this notice by [describe how to abate]. Failing this action on your part,
the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO
ABATE THE 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
two hundred dollars (5200.00) and will be levied as an assessment against all of the property you
own.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING
YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU
ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY
DOLLARS AND AIN ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in
writing, for a hearing before the Special MaGWAIAgistrate within fifteen (15) days from the date
of this notice of violation.
Or:
ii. by posting a Notice in a substantially the following form in a clearly visible
location on the cited property, and at the Collier County Courthouse, or
Immokalee Courthouse. The posted Notices must be in substantially the
following form:
POSTED
Collier County Code Enforcement Department
Notice of Violation of Section of Ordinance 2005-, (as amended), and
Order to Correct
To: [Owner(s) of Record] Date Posted:
Violation /Case No.
Property [Insert address where violation occurred]
? Folio 4:
As the official record owncr(s) of the above - described property, you are hereby
notified that a public nuisance exists on this property as of [insert date] in the form of:
[describe violation] on the subject property.
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You are further notified that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above -described property to
be: �Smowed/exotics removed, or otherwise describe how to abate]
If the violation is not abated within the time required, the County may act to cause the
nuisance to be abated. FAILURE TO ABATE THIS NUISANCE MAY RESULT IN
THE RECORDING OF A LIEN AGAINST THE LAND ON WENCH THE
VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY YOU OWN IN COLLIER COUNTY. Such liens may include the
County's costs to abate the violation plus an administrative fee of up to two hundred
dollars ($200.001 all of which may be levied as an assessment against your property(s).
You may contest this Notice of vViolation and determination of the existence of
a public nuisance by applying in writing, for a hearing before the Special
144esteFMaeistrate within fifteen (15) days from the date of posting this ftNotice of
vV iolation.
b. If the same violators) receives three or more Notices of vVioiation of this
Ordinance during their ownership of any property in Coliier County, even though
the violations may have been timely abated, a penalty of fifty ($50.00) dollars
will be charged for each notice received thereafter. An administrative fee of
gone hundred ($100.00) dollars will also be assessed for each invoice processed
for the payment of said penalty. In addition, all cited property(s), may at the
discretion of the County Manager or his designee, become subject to the count3?s
mandatory lot mowing program provisions in gee6en NineW this Ordinance.
C. If the property owner or his agent has not abated the identified nuisance as
described in said notice within ten (10) days from the date of the rtNotice of
vViolation, the County will Aabate the condition and shall, through its
employees, servants, agents, or contractors, be authorized to enter upon the
propery and take such steps as are reasonably required to 4abate 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.
AMENDMENTS TO ASSESSMENT FOR ABATING NUISANCE SECTION
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Former Section Fourteen, "Assessment for Abating Nuisance," of Ordinance 05-44 is
hereby amended to read as follows:
SECTION POURTEEN, , SECTION FIFTEEN: 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 Manager or
his/her designee. An invoice shall be mailed to the property owner(s) for the cost of
abatement. The invoice shall also include an administrative fee of gone- 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 to the property
owner including a penalty of 1 =fifty ($50.00) doll per parcel, plus an administrative fee
of gone I.lhundred ($100.00) dollars for the repeat violation invoice. Each notice of
violation thereafter to the same property owner, shall be processed in the same manner.
I If the invoice sent by the County Manager or his/her designee is not paid
at the expiration of the twenty (20) days of the date of the invoice, the Special Master-
Magistrate and may impose a lien against the property. The Special MesteF Magistrate,
by determination order, shall assess such cost against such parcel. Said determination
order shall:
a, describe the land and show the cost of abatement, and shall include the
initial administrative fee of gone hundred ($100.00)dollars per parcel as
mentioned in paragraph 1 of this section, plus an additional administrative
fee of gone hundred ($100.00) dollars for lien processing, or
b. describe the land and shall include the penalty and initial administrative
fee per parcel as mentioned in paragraph 2 of this section.
Such determination eOrder shall constitute a lien, which shall run with the property until
paid. The determination aOrder shall also specify that interest shall accrue on the unpaid
balance beginning on the date the r-eselutien Order is recorded at the rate of twelve (12)
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percent per annum.
4. i+t —w ^py of 411-0 8959106@
GoMmissien &eeex iad * e A legal notice of assessment of lien
fail be sent to the property owner. This Notice 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 [date] , 20 , order the
abatement of a certain nuisance existing on the above property prohibited by Ordinance
3904 20Q5- (as amended }; and served a notice of violation upon you. The nuisance
Is:
[describe the nuisance]
You failed to abate such nuisance, whereupon, it was abated by the expenditure of
public funds at a direct cost of $ , and an administrative cost of Ttwo-
hundred ($200.00) dollars for a total of $ , [or, You abated the
nuisance but failed to pay the $ penalty imposed and caused the
County to incur an administrative cost of Ttwo Hundred ($200.00) dollars. Such cost, by
determination order of a Special Master. Magistrate for Collier County, Florida, will
become a lien on your property within twenty (20) days of determination by the Special
Mast" Magistrate when recorded. You may request a hearing before the Special Mar
Magistrate to show cause, if any, why the expenses and charges incurred by the County
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under County Ordinance No. 2005 - (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 Secretary to the Special MasteFMagistrate, Collier County
Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writing
within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT
SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF
YOUR PROPERTY IN COLLIER COUNTY.
5, After the expiration of one year from the date of the Lien, as provided herein, a
suit may be filed 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 €er -;he fortb herein verbatim.
b. The liens for delinquent assessments imposed hereunder shall remain Iiens,
coequal with the lien for 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 Manager 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.
AMENDMENTS TO ASSESSMENT RIGHT TO BEARINGS ON
DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT SECTION
Former Section Fifteen, "Assessment Right to Hearings on Declaration of Public
Nuisance and Assessment," of Ordinance 05 -44 is hereby amended to read as follows:
SECTION K SECTION SIXTEEN: Assessment Right to Hearings on
Declaration o€'Public Nuisance and Assessment.
Any property owner receivipg the i-.Notice of vViolation pursuant to ge" es
wee.- this ordinance may contest this determination by filing an application for a hearing
before the Special !4ast Magistrate within fifteen (15) days from the date affixed on the nNotice
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of vViolation, dependent upon the notice and type of proceeding.
2. Every owner of real property within unincorporated Collier County is required to '
maintain such property in a manner so as not to violate the provisions of this ordinance, and such
owner remains liable for violations thereof regardless of any contract or agreement with any third
party regarding such property.
3. If, after said hearing, the Special Mostef Magistrate determines that the
assessment is fair, reasonable, and warranted, the assessment determination order shall be
recorded forthwith. If the Special Maoe Magistrate determines that the charges are excessive or
unwarranted, it shall direct the County Admi. 'stmtw Manager to re- compute the charges and the
Special Maw Magistrate shall hold a further hearing after notice to the owner upon the re-
computed charges.
AMENDMENTS TO ENFORCEMENT PROCEDURES SECTION
Former Section Sixteen, "Enforcement Procedures," of Ordinance 05-44 is hereby
amended to read as follows:
SMTEENi SECTION SEVENTEEN: Enforcement Procedures.
Colfier County Investigators ` the 11-W-Geenty are hereby empowered to issue
Written Corrective Notices and/or notices to appear in County court; or before the Special Messer
Magistrate to any person violating the provisions of this Ordinance. All such notices issued, shall
be maintained by the issuing authority for public inspections, during normal office hours.
Written Corrective Notices issued by Coup r Investigators acting pursuant to of this
eUrdinance shall state the date observed, nature of the offense committed, corrective measures to
be taken and the date on or before which such corrections shall be made.
Any person who has been served with such notice in accordance with the provisions of
this Ordinance, and who neglects or refuses or fails to fully comply with the corrective notices so
ordered and /or to comply m ithin the time frame so ordered therein, shall be in violation of this
Ordinance.
AMENDMENTS TO IMMEDIATE CORRECTIVE ACTION SECTION
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Former Section Seventeen, "Immediate Corrective Action," of Ordinance Number
05 -44 is hereby amended to read as follows:
SECTION . SECTION EIGHTEEN: Immediate Corrective Action.
In the event the County Manager, or his designee, determines or has reason to
believe that a violation including, but not Iimited to, accumulation of weeds or litter
presents a serious threat to the public health, safety or welfare of the public or that the
violation is cf such a nature as to require immediate correction, the violator may be
required by notice to effectuate immediate corrective measures upon receipt of the notice.
The notice, substantially in the form set forth in geetien 4N Ft this Ordinance, shall
advise the owner that the County will remedy the hazardous condition as soon as
possible. To be effective, the notice shall be served upon the occupant if the property is
occupied or physically posted on the property and sent by certified mail to the owner as
his/her name appears on the records of the property appraiser.
AMENDNIENTS TO PROCEDURES FOR MANDATORY LOT MOWING
PROGRAM SECTION
Former Section Nineteen, "Procedures for Mandatory Lot Mowing Program," of
Ordinance Number 05 -44 is hereby amended to read as follows:
MO"NG SECTIQN, NINETEEN SECTION T)NTN'TY Procedures for
Mandatory Lot Mowing Program
1, Inclusion in mandatory lot mowing program. If a public nuisance is
determined to exist three or more times after July 15, 2001, on a particular lot or parcel of
unimproved property while under the same ownership, then at the discretion of the
County Manager, or his designee, such property will be placed in the Mandatory Lot
Mowing Program, as set forth below,
2. Exemption from lot mowing program. Individual property owners of
record whose real property is included in the County's mandatory lot mowing program,
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may request an exemption from inclusion in the program by submitting to the County
Manager, or his designee, a signed written agreement, acceptable to the County,
covenanting that the property owner will maintain the property so that the height of any
grass, weeds, or otherwise regulated vegetative matter will not constitute a public
nuisance or exceed eighteen inches in height. In addition, the property owner must
provide a letter of credit, contract agreement, escrow agreement, or some other surety
with a mowing company that is acceptable to the County. The surety provided may vary,
but must remain in effect throughout the property owner's ownership of the property(s).
The agreement must also include a provision of understanding by the owner that should
he /she fail to keep the contract agreement and ensure no violation to this oede Ordinance
exists on the property(s), the agreement approved by the County will become null and
void. In that event, the property owner would be provided written notice that the lot
mowing program exemption would be revoked by a date certain, and the property would
be placed in the Mandatory Lot Mowing Program, and not be entitled to any further
exemptions so long as the property is owned by the same property owner(s).
3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee,
will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot
Mowing Program. Invoice billing amounts will include actual costs incurred for mowing,
plus an administrative fee. The invoice will be mailed to the address listed with the
Collier County Property Appraiser's Office as the tax roll address of record. Notice to
owners) of account balance requirements aFe is accomplished in this Section, and receipt
of the invoice will not defeat this personal service, nor bar the County from proceeding
with enforcement, creating lawful liens, and performing the necessary abatement under
this eOrdirance.
4. Failure to comply with payment of a Mandatory Lot Mowing invoice, as
set forth in Subsection (3) above, will constitute a violation to of this Ordinance. If, after
th (301 days of mailing, the invoice has not been paid, the County Manager, or his
designee, will proceed with enforcement procedures to file a lien, The Legal Notice of
Assessment of Lien will be submitted to the Special MasteF Magistrate who shall impose
a lien against the property. The Special Maw Magistrate shall assess all applicable costs
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i
and fees against such parcel and all other properties owned by the violator in Collier
r
County. Said action shall: A) describe the land that has been included in the Mandatory
Lot Mowing Program and show the cost of abatement, which shall include the initial
administrative expense of one hundred ($100.00) dollars plus one hundred ($100.00)
dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien
on all personal and real property located in Collier County, which runs with the owner's
real property until paid. The action will also specify that interest will accrue on the
unpaid balance beginning on the date the r-eselut}e order of the Special Magistrate is
recorded at the statutory interest rate per annum.
5. Legal notice of assessment of lien. The Legal Notice of Assessment of
Lien will substantially be in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
TO: [Insert Property Owner's Name and Address] DATE:
REFERENCE INVOICE #: VIOLATION FOLIO #:
VIOLATION 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 Dircctor, did deterrrminc a public nuisance existed and constituted a violation
of county regulation on , 200 , and ordered the abatement of certain
nuisance existing on the above property prohibited by Ordinance No. 2005- as
amended, and served a notice of violation upon you. The nuisance is: [describe
the nuisance]
You have failed to timely abate such nuisance: whereupon, it was abated by the
expenditure of public funds at a direct cost of $ .00 and an administrative cost of
$ .00 for a total of $
Such costs, by order of the Special Master-Magistrate, will become a Iien on your
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I Ml
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property when recorded. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED
IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR
PROPERTY IN COLLIER COUNTY.
Upon deterf � issuance of an order by the Special Master.-Magistrate, the Secretary
to the Special Master—Magistrate will immediately mail a copy of each approved eOrder
and Notice Assessment of Lien via regular U.S. mail. if full payment for the assessed
amount, is not made by the property owner within twenty (20) days from the date of
signature of the determination order by the Special Mosiff- Magistrate, then the Secretary
to the Special Master.- Magistrate will automatically and without further direction record
both the Order and Notice of Assessment of Lien in the public records of Collier County.
Recording said determination order will act to impose a lien on the violator's property.
6. Limitation on time to contest levy imposition of lien Any person
aggrieved by the arAien ef 41he beafd imposition of the lien must commence an action in
circuit court within thirty (30) days from the date the order is rendered. Unless such
action is begun within this thirty (30) day period, all objections of that person to the
imposition of the lien will be deemed to have been waived.
7. Prepayment and recording of lien. For a period of twenty (20) days after
the date of the order of the Special Mestef Magistrate levying imposing the delinquent
lot- mowing lien, the lien may be paid without additional interest. Properties, for which
payments are received or postmarked within twenty (20) days from the date the order is
signed, will stay the recording of the lien. If, after expiration of the prepayment period
�t expires and sai payment is not received= A a certified copy of the order will be
recorded in the eOffce of the Clerk of the Circuit Court in Collier County.
8. Release of lien. Owners who have paid the delinquent Iien in full after the
recording of the lien are entitled to a release and satisfaction of lien from the County. The
recording of the release and satisfaction of lien and any charges therefore are the
responsibility of the property owner.
9. Foreclosure. Liens associated with this Section may be foreclosed in Lhe
same manner as liens for property taxes or special assessments. in the event the County
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prevails, owners of property(s) against whom a foreclosure action is commenced will be
liable for all fees, costs and expenses incurred by the County or its agents, including
reasonable attorney's fees and the same may be assessed as a cost in the foreclosure
action.
10. Validity of liens not affected by irregularities. Any informality or
irregularity in the proceedings to impose a lien for delinquent lot mowing fees will not
affect the validity of the same after the order IevTiftg— imposing the lien has been as
adopted, and no deviation from the procedures prescribed above will affect the validity of
the lien unless it can be clearly shown that the party objecting was materially injured
thereby.
11. Alternate methods of collection permitted Nothing herein prohibits the
County from utilizing other means to collect delinquent lot mowing fees including, but
not limited to, an action for damages filed in the appropriate court in Collier County,
Florida.
AMENDMENTS TO PENALTIES SECTION
Former Section Twenty, "Penalties," of Ordinance 05 -44 is hereby amended to read
as follows:
st C_:RO. P- .11E `T:Vi SECTION TWENTY -ONE. Penalties.
If any person fails or refuses to obey or comply with or violates any of the provisions of
this Ordinance aAiele, such person upon an order by the Code Enforcement Board or Special
Mas% f Magistrate may be fined as authorized by the Ordinances establishing the Enforcement
Board and Special Niestef Magistrate. Each violation or non - compliance shall be considered a
i separate and distinct offense. Further, each day of continued violation or non - compliance shall be
gi+�constitute a separate offense.
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 noncompliance. Any person convicted of such offense, shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed pfive 44hundred ($500,00) dollars or
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by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the
Court.
Further, nothing is this Section shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement Board, or Special
A4as4ef- Magistrate proceeding, established pursuant to the authority of Chapter 162, Florida
Statutes.
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 allowed by law.
CONFLICT AND SEVERABILLITY SECTION
fn the event this Ordinance conflicts with any other ordinance of Collier County
or other applicable law, the more restrictive shall apply. If any court of competent
jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaindering portion.
INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION
The provisions of this Ordinance shall become and be made a part of the Code of
Lsws and Ordinarices of Collier County, Florida. The sections of the ordinance may be
renumbered or re- iettered to accomplish such, and the word "ordinance" may be changed
to "section," "article," or any other appropriate word.
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Page 30 of
EFFECTIVE DATE SECTION
This Ordinance shall become effective upon filing with the Departnent of State.
PASSED AND DULY ADOP'T'ED by the Board of County Commissioners of
Collier County, Florida, thin day of
ATTEST:
DWIGHT BROCK, CLERK
BY:
, Deputy Clerk
Approved as to form and legal
sufficiency:
Scott R. Teach
Deputy County Attorney
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY.
DONNA FL4LA, CHAIRMAN
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A1
Recommendation that the Board of County Commissioners approve having staff advertise
Item Summary:
and return for the Boards consideration at a future meeting the Litter. Weed and Exotic
Control Ordinance (Ordnance Number 05.44) to clarify
the requirements for the Special
Magistrates role in the imposition of nuisance abatement liens and to incorporate the Boards
prior direction as reflected on the attached proposed amended ordinance.
Meeting Date:
2/10/2009 9:00:00 AM
Prepared By
Marlene Serrano
Investigative Supervisor
Date
COES
Code Enforcement
11512009 10:41:23 AM
Approved By
Daniel R. Rodriguez
Solid Waste Director
Date
Public Utilities
Solid Waste
212/2009 11:49 AM
Approved By
Joseph Belione
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
2/212009 11:53 AM
Approved By
—. Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
2/2/2009 2:39 PM
Environmental Services
Environmental Services Admin.
Approved By
Diane S. Flagg
Code Enforcement Director
Date
Community Development &
Code Enforcement
2/212009 4:04 PM
Environmental Services
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
2/2 /2009 5:02 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
2,1=09 5:02 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
213/2009 8:22 AM
Approved By
Marjorie M. Student - Stirling
Assistant County Attorney
Date
County Attorney
County Attomey Office
21312009 8:37 AM
Approved By
--
Community Development &
Date
Joseph K. Schmitt
Environmental Services Administrator
Community Development &
Community Development &
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environmental Services
Environmental Services Admin,
21312009 10:45 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
2/3/2009 11:32 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
213!2009 11:57 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 2/412009 11:06 AM
Commissioners
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