Ordinance 2004-50
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o ~ ORDINANCE NO. 2004-...5.{L
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~ \tœ~ Wi !: INANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
~ CO ER COUNTY, FLORIDA ESTABLISHING A RECYCLING
?'~~ ~ RAM FOR NON-RESIDENTIAL PROPERTY IN THE
G'z-zz,:t INCORPORATED AREAS OF COLLIER COUNTY; PROVIDING
FOR INTENT AND PURPOSE; PROVIDING FOR TITLE AND
CITATION; PROVIDING FOR APPLICABILITY; PROVIDING FOR
CONSTRUCTION AND INTERPRETATION; PROVIDING
DEFINITIONS; PROVIDING FOR THE DESIGNA TION OF
RECYCLABLE MA TERIALS; PROVIDING MINIMUM ST ANDARDS
FOR RECYCLING ON NON-RESIDENTIAL PROPERTY; PROVIDING
EXEMPTIONS FROM RECYCLING STANDARDS; PROVIDING FOR
VOLUNT ARY RECYCLING ON NON-RESIDENTIAL PROPERTY;
PROVIDING FOR AN AWARDS PROGRAM FOR RECYCLING ON
NON-RESIDENTIAL PROPERTY; PROVIDING FOR A RECYCLING
EDUCA TION AND PROMOTION PROGRAM; PROVIDING FOR
EV ALUA TIONS OF THE NON-RESIDENTIAL RECYCLING
PROGRAM; PROVIDING FOR RECYCLING SERVICE AGREEMENTS;
,PROVIDING STANDARDS FOR RECYCLING CONTRACTORS;
PROVIDING FOR SELF-HAULING; PROVIDING FOR COUNTY
RECYCLING CENTERS; PROVIDING FOR VARIANCES; PROVIDING
FOR INSPECTIONS, ENFORCEMENT, AND PENALTIES; PROVIDING
FOR APPEALS; PROVIDING FOR SEVERABILITY; PROVIDING FO~
REPEAL OF CONFLICTING ORDINANCES; PROVIDING FØR
INCLUSION IN THE COUNTY'S CODE OF LAWS AND ORDINANCES:;
AND PROVIDING AN EFFECTIVE DATE. u"
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WHEREAS, Section 403.706(21), Florida Statutes, authorizes local governrn:Ë~' to'$act:::J
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ordinances that require the separation and collection of Recyclable Materials; and
WHEREAS, the Board of County Commissioners wishes to increase Recycling in Collier
County because Recycling will save energy and natural resources, provide useful products, and
prove economically beneficial; and
WHEREAS, the Board also wishes to increase Recycling in Collier County because
Recycling will help ensure that the valuable and limited capacity of the County's Naples Landfill
is conserved; and
WHEREAS, the Board finds it is necessary for the protection of the public health, safety
and welfare of the residents of Collier County to require the Recycling of Recyclable Materials
generated on Non-Residential Property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as follows:
SECTION ONE: Intent and Purpose.
It is the intent and purpose of this Ordinance to promote Recycling by: (a) requiring
businesses and institutions in unincorporated Collier County to segregate and recycle as many
designated Recyclable Materials as practicable; (b) establishing educational programs
concerning Recycling; (c) providing incentives and awards programs that will make Recycling
more attractive to the businesses and institutions in unincorporated Collier County; (d) limiting
the regulatory impact of this Ordinance on business; and (e) eliminating potential conflicts
between the requirements of this Ordinance and the requirements of the County's Land
Development Code. By utilizing a balanced combination of incentives and regulations, the
Board intends to accomplish its Recycling goals while minimizing the regulatory requirements in
this Ordinance. The Board also intends to provide sufficient time for the businesses and
institutions in Collier County to comply with the County's new programs.
SECTION TWO: Title and Citation.
This Ordinance shall be known and may be cited as the "Collier County Non-Residential
Recycling Ordinance".
SECTION THREE: Applicabilitv.
This Ordinance shall be applicable only within the unincorporated areas of Collier
County.
SECTION FOUR: Construction and Interpretation.
This Ordinance shall be liberally construed in order to effectively carry out the intent and
purpose of the Ordinance. Where any provision of this Ordinance refers to or incorporates
another provision, statute, rule, regulation or other authority, this Ordinance refers to the most
current version, including and incorporating any amendments thereto or renumbering thereof.
SECTION FIVE: Definitions.
For the purposes of this Ordinance, the definitions contained in this Section 5 shall apply
unless o~herwise specifically stated. When not inconsistent with the context, words used in the
present tense include the future tense, words in the plural number include the singular, and words
in the singular number include the plural. The word "shall" is always mandatory and not merely
di screti onary.
Pursuant to Section 403.7031, Florida Statutes, all definitions in this Section 5 shall be
construed in a manner that is consistent with the definitions contained in Section 403.703,
Florida Statutes. In the case of any apparent conflict or inconsistency with the definitions
contained in Section 403.703, Florida Statutes, the statutory definition shall apply.
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A. Board means the Board of County Commissioners of Collier County, Florida.
B. Certificate of Operation means the license that a Contractor must obtain from the
County before it can Collect Recyclable Materials in the County.
C. Code Enforcement Board means the entity that is responsible for enforcing the
County's ordinances pursuant to Chapter 2, Di vision 11, of the Code of Laws and Ordinances of
Collier County, Florida.
D. Collect means to gather or pick up Recyclable Materials for transport and delivery
to a Recycling Facility.
E. Contractor means a Person who Collects or transports Recyclable Materials from
Non-Residential Property for profit.
F. County means Collier County, Florida.
G. County Manager means the County Manager of Collier County or the County
Manager's designee.
H. Customer means an Owner or Generator that enters into a Service Agreement
with a Contractor for Recycling services.
I. De Minimis Amount means the amount of Solid Waste which lawfully may be
included in separated Recyclable Materials. A De Minimis Amount of Solid Waste is 10
percent, by volume or weight, whichever is more restrictive, as determined by a measurement or
a visual inspection by the County Manager.
J. Dwelling means any building, or part thereof, intended, designed, used, or
occupied 10 whole or in part as the residence or living quarters of one or more persons,
permanently or transiently, with cooking and sanitary facilities. Such term shall not mean a
room in a motel or hotel.
K. Garbage means all kitchen and table food waste, and animal or vegetative waste
that is attendant with or results from the storage, preparation, cooking, or handling of food
materials.
L. Generator means each business, not-for-profit organization and institution (i.e., all
Persons except individuals) that generates one or more Recyclable Materials as a result of its
activities on Non-Residential Propel1y.
M. Materials Recovery Facility means a Solid Waste management facility that
provides for the extraction from Solid Waste of Recyclable Materials, materials suitable for use
as a fuel or soil amendment, or any combination of such materials.
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N. Multi-Family Residence means a group of three or more dwelling units within a
single conventional building, attached side by side, or one above another, and wherein each
dwelling unit may be individually owned or leased initially on land which is under common or
single ownership.
O. Non-Residential Property means real property that is located in an unincorporated
area of Collier County and used primarily for: (1) commerce, including but not limited to offices,
stores, Restaurants, motels, hotels, recreational vehicle parks, theaters, and service stations; (2)
not-for-profit organizations; and (3) institutional uses, including but not limited to governmental
facilities, churches, hospitals and schools. The term Non-Residential Property shall not include
any Residential Units or undeveloped land.
P. Ordinance means this County Ordinance No. 2004-_.
Q. Organic Waste means Garbage and other similar putrescible Solid Waste,
including source separated food waste and food-soiled paper. Organic Waste does not include
yard trash.
R. Owner means a Person who owns Non-Residential Property. An Owner also may
be a Generator.
S. Person means any and all persons, natural or artificial, including any individual,
firm, partnership, joint venture, public or private corporation, or other association, or any
combination thereof, however organized; any county; and any local, state or federal
governmental agency.
T. Primary Recyclable Material means a Recyclable Material that a Person generates
on Non-Residential Property in amounts greater than 96 gallons per month.
U. Recovered Materials means metal, paper, glass, plastic, textile, or rubber
materials that have known Recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been removed from the Solid Waste stream for sale, lise, or reuse as
raw materials, whether or not the materials require subsequent processing or separation from
each other, but does not include materials destined for any use that constitutes disposal.
Recovered Materials as described above are not Solid Waste.
V. Recovered Materials Processing Facility means a facility engaged solely in the
storage, processing, resale, or reuse of Recovered Materials.
W. Recyclable Materials means those materials that are capable of being Recycled,
which would otherwise be processed as Solid Waste, and are designated by the Board pursuant to
Section 6 of this Ordinance.
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X. Recyclable Materials Container means any box, tub, or other container that is
made of metal, hard plastic or other similar material and is suitable for the collection of
Recyclable Materials.
y. Recycling means any process by which Solid Waste, or materials which would
otherwise become Solid Waste, are collected, separated, processed and reused or returned to use
in the form of raw materials or products.
Z. Recycling Facility means any facility that recycles Recyclable Materials,
including but not limited to buy back centers, drop-off centers (both permanent and mobile),
designated County Recycling centers, Materials Recovery Facilities and Recovered Materials
Processing Facilities.
AA. Residential Unit means a single-family residence, duplex residence and a Multi-
Family Residence.
BB. Restaurant means any bar, tavern or other eating or drinking establishment where
food or beverages are prepared, served, or sold for profit, either for immediate consumption on
or in the vicinity of the premises, or called for or taken out by customers, or prepared prior to
being delivered to another location for consumption.
cc. Self-Hauling Certificate means a written certification by an Owner or Generator
confirming that the Owner or Generator is collecting and transporting Recyclable Materials to a
Recycling Facility.
DD. Service Agreement means a written agreement between a Contractor and an
Owner or Generator concerning the collection of Recyclable Materials.
EE. Solid Waste means sludge unregulated under the federal Clean Water Act or
Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or Garbage, rubbish, refuse, special waste, or other discarded materials,
including solid, liquid, semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or governmental operations.
FF. Substantial Hardship means a demonstrated economic, technological, legal, or
other type of hardship.
SECTION SIX: Deshmation of Recvclable Materials.
For the purposes or this Ordinance, Recyclable Materials means paper, cardboard, glass,
plastic (Nos. 1 through 7), aluminum, and ferrous metal. The Board may designate other
materials (e.g., Organic Waste) as Recyclable Materials if the Board determines that a market
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exists for such materials and a cost-effective system is in place for Recycling such materials.
Materials shall be deleted from this list of Recyclable Materials if the Board determines that a
market no longer exists or a cost-effective system is no longer in place for Recycling such
materials.
SECTION SEVEN: Minimum Standards for Recvcline on Non-Residential Property
A. Each Owner shall: (1) provide Recyclable Materials Containers on the Owner's
Non-Residential Property so the Generators located on the Owner's Non-Residential Property
may recycle all of the Recyclable Materials that the Generators have designated pursuant to
Subsection 7.B., below; and (2) Collect the materials placed in the Recyclable Materials
Containers and transport those materials to a Recycling Facility.
B. Each Generator shall diligently attempt to recycle all of the Primary Recyclable
Materials that it produces. At least once each year, each Generator shall: (1) consider the list of
Recyclable Materials designated by the County pursuant to Section 6 of this Ordinance; (2)
consider the types of Recyclable Materials generated by its activities on Non-Residential
Property; (3) identify the Primary Recyclable Materials that the Generator produces; and (4)
identify (i.e., designate) the Primary Recyclable Materials that the Generator will recycle.
Thereafter, each Generator shall separate the designated Primary Recyclable Materials from the
Generator's Solid Waste, and the Generator shall place the designated Primary Recyclable
Materials in Recyclable Materials Containers for collection.
C. If a Generator's activities do not produce any Primary Recyclable Materials, the
Generator shall designate and recycle one or more Recyclable Materials in the manner described
in Subsection 7.B, above, unless the Generator is exempt pursuant to Subsection 8.A, below.
D. Each Generator shall coordinate with the Owner of the Non-Residential Property
where the Generator's activities occur, and each Owner shall coordinate with the Generators on
its Non-Residential Property, to ensure that the Generator's Recyclable Materials are taken to a
Recycling Facility.
E. No Person shall dispose of Recyclable Materials that have been separated from Solid
Waste pursuant to the provisions of Subsections 7.B or 7.C, above.
F. No Person shall place Solid Waste in a Recyclable Materials Container.
G. No Person shall cause litter or a nuisance. Each Person shall take all necessary steps
to ensure that their own Recycling activities do not cause litter or a nuisance. Each Person shall
immediately pick up any litter and eliminate any nuisance caused by their own activities.
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H. Each Owner shall, upon request, provide the County Manager with a copy of a
Service Agreement, Self-Hauling Certificate, or other document (e.g., receipt from a Recycling
Facility) demonstrating that the Primary Recyclable Materials generated on the Owner's Non-
Residential Property are being taken to a Recycling Facility. The Service Agreement, Self-
Hauling Certificate, or other document shall be available for inspection by the County Manager
at the Owner's Non-Residential Property during normal business hours. The Owner also shall
mail or deliver these documents to any Generator located on the Owner's Non-Residential
Property, within fourteen (14) days, if the Generator requests the documents.
I. Each Generator shall, upon request, provide the County Manager with a copy of a
Service Agreement, Self-Hauling Certificate, or other document (e.g., receipt from a Recycling
Facility) demonstrating that the Generator's Primary Recyclable Materials are being taken to a
Recycling Facility. The Service Agreement, Self-Hauling Certificate, or other document shall be
available for inspection by the County Manager at the Generator's Non-Residential Property
during the Generator's nonnal business hours.
J. An Owner may satisfy its obligations under this Ordinance by performing the
required activities itself or by using the services of a Contractor or other Person who complies
with the requirements of this Ordinance. However, notwithstanding anything else contained
herein, the Owner shall be responsible for ensuring and demonstrating its compliance with the
requirements of this Ordinance.
K. A Generator may satisfy its obligations under this Ordinance by performing the
required activities itself or by using the services of a Contractor or other Person who complies
with the requirements of this Ordinance. However, notwithstanding anything else contained
herein, each Generator shall be responsible for ensuring and demonstrating its compliance with
the requirements of this Ordinance.
SECTION EIGHT: Exemptions from Recycline: Standards.
A. Notwithstanding any other provision herein, a Generator shall be exempt from the
requirements in Section 7 of this Ordinance if the Generator uses no more than one container for
the disposal of its Solid Waste, the container's capacity is no greater than ninety-six (96) gallons,
and the contents of the container are collected no more than two (2) times per week.
B. Notwithstanding any other provision herein, a Generator shall not be required to
recycle a Recyclable Material if the Generator demonstrates to the County Manager that there is
no collection service or other cost-effective system available for Recycling such material.
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C. Notwithstanding any other provision herein, an Owner shall be exempt from the
requirements in Section 7 of this Ordinance if: (1) all of the Generators on the Owner's Non-
Residential Property are exempt from or not required to comply with the provisions of Section 7;
or (2) Primary Recyclable Materials are not being generated by any activities occurring on the
Owner's Non-Residential Property.
SECTION NINE: Extraordinarv and Innovative Recyclin2.
A. All Owners and Generators, including those who are exempt from some or all of
the requirements in this Ordinance, are encouraged to recycle all of their Recyclable Materials,
especially aluminum cans, paper, and cardboard.
B. Owners and Generators are encouraged to work with the County to develop new
and innovative methods to recycle other Recyclable Materials, such as Organic Waste.
C. All municipalities in Collier County are encouraged to adopt and implement
Recycling programs for the businesses and institutions located in the incorporated areas of the
County. If requested, the County Manager shall provide advice and technical assistance with the
development of the Recycling programs for these municipalities.
SECTION TEN: Awards Pro2ram for Recyclin2 on Non-Residential Property.
The County Manager is hereby authorized to establish and implement an awards program
to recognize Owners and Generators in the County who implement exceptional or innovative
Recycling programs for Non-Residential Property.
SECTION ELEVEN: Recyclin2 Education and Promotion Pro2ram.
The County Manager is hereby authorized to establish and implement a Recycling
education and promotion program for Owners and Generators in the County. The education and
promotion program may include, but is not limited to, public workshops, public service
announcements, multi-media advertising, and direct mailings concerning the methods and
benefits of Recycling on Non-Residential Property.
SECTION TWELVE: Evaluation of Non-Residential Recyclin2 Pro2ram.
As needed, the County Manager shall provide a report to the Board concernIng the
County's Recycling program for Non-Residential Property. The report shall address the
effectiveness of the County's Recycling program for Non-Residential Property, the general costs
and benefits associated with this program, and any changes that should be implemented to
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improve the effectiveness of the program.
SECTION THIRTEEN: Recvcline Service Aereements.
A Contractor shall provide a written Service Agreement to a Customer before the
Contractor begins to collect that Customer's Recyclable Materials. The Service Agreement shall
describe the services to be provided by the Contractor, the fees to be paid by the Customer, and
the other terms of the parties' agreement.
SECTION FOURTEEN: Standards for Recycline Contractors.
A. No Person may Collect or transport Recyclable Materials in the County for profit
unless such Person has obtained a Certificate of Operation from the County. However, a
certified Recovered Materials dealer, as defined in Section 403.7046, Florida Statutes, is not
required to obtain a Certificate of Operation before engaging in business in the County.
B. A not-for-profit Person is not required to obtain a Certificate of Operation before
collecting or transporting Recyclable Materials in the County.
C. Any Person may file an application with the County Manager for a Certificate of
Operation. The application shall be submitted on a form prepared by the County Manager. The
applicant shall provide the information and documentation that is requested by the County
Manager, including but not limited to the following:
1. The name, address and telephone number of the applicant;
2. A description of the vehicles that the applicant will use to Collect
Recyclable Materials, including the make, model, and serial number of each vehicle; and
3. Certificates of insurance demonstrating that the applicant has the
following m101mum insurance coverage: commercial general liability insurance of at least
$1,000,000; business automobile liability insurance of at least $1,000,000; workers'
compensation insurance of at least the statutory limits, unless otherwise provided by state law;
and umbrella liability insurance of at least $2,000,000. The certificates of insurance shall state
that the County will receive at least 30 days' written notice before cancellation or reduction of
coverage. The certificates of insurance shall indicate that the Board is a named insured in all of
the insurance policies required by this Ordinance, with the exception of workers compensation.
4. A written statement certifying that the applicant has reviewed and will
comply with all of the requirements in the Certificate of Operation and this Ordinance.
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D. If the County Manager determines that the applicant complies with the terms of
this Ordinance and all applicable laws, the County Manager shall grant a Certificate of
Operation. The County Manager shall deny an application for a Certificate of Operation if the
County Manager determines that the applicant does not comply with the terms of this Ordinance
or other applicable law. The County Manager may revoke a Certificate of Operation if the
County Manager determines, after providing notice and an opportunity for a hearing, that a
Contractor has violated the provisions in a Certificate of Operation or any applicable law.
E. The County Manager shall approve a standard form that will be used as the
County's Certificate of Operation. The Certificate of Operation shall contain the conditions and
limitations that are deemed appropriate by the Board. The Certificate of Operation shall remain
in effect for a period of one (1) year, unless the Board approves a longer duration by resolution.
F. A Contractor shall provide each of its Customers with Recyclable Materials
Containers that are sufficient to accommodate the quantity and types of Recyclable Materials
that will be recycled by the Customer.
G. A Contractor shall conduct all of its activities in accordance with all applicable
laws and best management practices. A Contractor's vehicles, equipment and containers shall be
kept in a clean and well-maintained condition.
H. A Contractor shall not take a Customer's Recyclable Materials to a landfill or other
site for disposal, unless the Contractor has received a variance pursuant to Section 16 of this
Ordinance.
I. Unless exempt from this requirement pursuant to Chapter 62-722, Florida
Administrative Code, a Contractor shall provide quarterly reports to the County identifying, at a
minimum, the types and amounts of Recyclable Material it collected, and each Recycling
Facility to which the Recyclable Material was taken. The County Manager may require the
Contractor to provide such other information as the County Manager reasonably determines is
necessary, provided such request is consistent with the provisions of Chapter 62-722, Florida
Administrative Code.
SECTION FIFTEEN: Self-Hauline.
A. If an Owner Collects the Recyclable Materials generated on its Non-Residential
Property and transports those materials to a Recycling Facility, without using a Contractor, the
Owner shall, upon request, prepare a Self-Hauling Certificate for the County Manager.
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B. If a Generator Collects and transports its Recyclable Materials to a Recycling
Facility, without using a Contractor, the Generator shall, upon request, prepare a Self-Hauling
Certificate for the County Manager.
C. The County Manager shall approve a standard form that shall be used as a Self-
Hauling Certificate. At a minimum, the Owner or Generator shall provide the following
information in the Self-Hauling Certificate:
1. The name, address and telephone number of the Owner or Generator that
is signing the Self-Hauling Certificate;
2. The address of the Non-Residential Property where the Recyclable
Materials are generated;
3. The names of the Generators that are transporting Recyclable Materials
pursuant to the Self-Hauling Certificate;
4. A brief description of the activities or businesses that are generating the
Recyclable Materials;
5. A list of the types of Recyclable Materials that are being transported;
6. For each type of Recyclable Material, the amount that is being taken from
the Non-Residential Property to a Recycling Facility each month;
The name and address of the Recycling Facility; and
The Occupational License numberCs) for the Non-Residential Property.
Self-Hauling Certificate shall contain a written statement, signed by the
Owner or Generator, certifying that the Owner or Generator is in compliance with the
requirements of this Ordinance.
E. The County Manager may restrict or prohibit self-hauling by a Person if the
County Manager determines, after providing notice and an opportunity for a hearing, that the
Person's self-hauling activities violate the provisions of this Ordinance or any other applicable
law.
7.
8.
D. The
SECTION SIXTEEN: County Recvclin2 Centers.
A. The County has established recycling centers for the benefit of the community.
The County may impose conditions and limitations upon any Person that wishes to use the
County's recycling centers, including limitations on the types and amounts of Recyclable
Materials that will be accepted at the recycling centers. The County also may charge fees for the
use of its recycling centers. The conditions, limitations, and fees applicable to the recycling
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centers shall be established by resolution of the Board.
B. A Contractor shall not deliver Recyclable Materials or Solid Waste to the
County's recycling centers, unless the deliveries are approved in advance by the County
Manager.
SECTION SEVENTEEN: Variances.
A. The County Manager shall grant an administrative variance from the requirements
in this Ordinance when an Owner, Generator or other Person demonstrates that the application of
the Ordinance would create a Substantial Hardship.
B. Any Owner or Generator who demonstrates that, due to site specific conditions,
the Owner or Generator cannot simultaneously comply with this Ordinance and the provision of
any section of the Collier County Land Development Code or the provision of a duly adopted
planned unit development, may seek a variance pursuant to Section 9.04.00 of the Land
Development Code. In the alternative, the County Manager may grant an administrative
variance from the requirements of this Ordinance.
C. An application for an administrative variance pursuant to Subsections 17.A or
17.B, above, shall be submitted to the County Manager on a form prescribed by the County
Manager. An application for a variance from the County's Land Development Code pursuant to
Subsection 17.B, above, shall be governed by Section 9.04.00 of the Collier County Land
Development Code. The fee for a variance shall be established by resolution of the Board.
D. Pursuant to Section Five of the 2004 Land Development Code adopting
Ordinance (Ordinance No. 2004-41), the requirements of Section 4.05.04 (minimum
requirements for parking spaces) and Section 4.06.00 (minimum requirements for visual
screening) of the Land Development Code do not apply to a Person that filed an application for a
site plan approval before the effective enforcement date of this Ordinance, but only if and only to
the exte,nt that the Person's compliance with this Ordinance precludes the Person from
complying with the requirements in Sections 4.05.04 and 4.06.00 of the Land Development
Code.
SECTION EIGHTEEN: Inspections. Enforcement and Penalties.
A. The County Manager is authorized to conduct inspections on Non-Residential
Property for the purpose of determining whether a Person is in compliance with the requirements
of this Ordinance. The County Manager also is authorized to inspect any vehicle, equipment or
12
container used to Collect or transport Recyclable Materials in the County for the purpose of
ensuring that the vehicle, equipment or container is not producing litter or leaking liquids or
other residuals during transport.
B. It shall be prima facie evidence of a violation of this Ordinance if an Owner or
Generator fails to have a Recyclable Materials Container in use on their Non-Residential
Property.
C. To provide the public with a reasonable opportunity to comply with this
Ordinance, the County shall not seek any penalties for violations of this Ordinance that occur
within twelve months of the effective date of this Ordinance. The deadline for compliance with
this Ordinance may be postponed by resolution of the Board.
D. The County Manager shall have the power to enforce the provisions of this
Ordinance through the County's Code Enforcement Board. The County Manager also may
enforce this Ordinance by using any other enforcement procedure that is approved by the Board
in the future pursuant to a County ordinance.
SECTION NINETEEN: Appeals.
A. The County Manager is hereby granted the authority to resolve any questions
concerning the proper interpretation and application of this Ordinance.
B. Any decision of the County Manager under this Ordinance may be appealed to the
Board. Any appeal shall be initiated by filing a written petition with the County Manager within
ten (10) days after the County Manager issues a written decision concerning the matter in
dispute. The petition shall describe the facts and issues in dispute and shall explain why the
petitioner is entitled to relief. The petition shall be presented to the Board for its consideration as
expeditiously as possible, but the petitioner shall be given at least ten (10) days advance notice of
the Board's meeting concerning the petition. At the Board's meeting, the petitioner shall have
the burden of proving that it is entitled to the relief requested.
SECTION TWENTY: Severabilitv.
If any clause, section or provision of this Ordinance shall be declared to be
unconstitutional or invalid for any cause or reason, the same shall be eliminated from this
Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as
valid as if such invalid portion thereof had not been incorporated therein.
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SECTION TWENTY ONE: Conflict.
The provisions of any other Collier County Ordinance that are inconsistent or in conflict
with the provisions of this Ordinance are superseded to the extent of such inconsistency or
conflict, or waived when the subject of a variance granted pursuant to Section 16 of this
Ordinance.
SECTION TWENTY TWO: Inclusion in the County's Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish this goal, and the word "ordinance" may be changed to "section",
"article", or any other appropriate word.
SECTION TWENTY THREE: Effective Date.
This Ordinance shall become effective upon receipt of notice of its filing from the office
of the Secretary of State of the State of Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thi,¿¡J£-day of ~ JJ..QJ..!~ ,2004.
DATED: '1/2.'1 loti
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
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DO NA FIALA, Chairman
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Approyed ns~tp: fQl'.m "ançl
legal su'nìciency:
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Robert N. Zac ry
Assistant County Attorney
14
This ordinance filed with tf1e
Secretary of tate's Office th\,!
~ day of , ~/J() If
and acknowl dge ent of that
¡;¡~d th;s...!L- day
of , ~~~
.JA W
Deputy Cle
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2004-50
Which was adopted by the Board of County Commissioners on
the 27th day of July, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th day
of July, 2004.
DWIGHT E, BROSI& J'~ ìlg . V-, '.
Clerk of Cou;r-t"s., -and" Cl(,é6:k .
Ex-officio t:.ó'. ~a:(~ oi'·.~·¿,
County comnQ.ssloners·.. ", _,,:'
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