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Agenda 01/27/2009 Item #16A12 EXECUTIVE SUMMARY Agenda Item No. 16A 12 January 27,2009 Page 1 of 24 Recommendation that the Board of County Commissioners direct that appropriate portions of the Litter, Weed and Exotic Control Ordinance (Ordinance Numher 05-44) he amended to clarify the requirements for the Special Magistrate's role in the imposition of nuisance ahatement liens and to bring back an amended ordinanee incorporating the Board's previous direction. OBJECTIVE: To obtain the Board of County Commissioner's (BCe) 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 lit:ns without BCC resolution. The attached proposed amended ordinance also incorporates other recommended changes as previously directed by the Board. CONSIDERATIONS: Statf 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 Fourtecn ("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 Dcccmber 2, 2008, the Code Enforcement Statf sought, and the BCC gave direction to amend this same Ordinance to add weed abatement requirements for improved properties in Estates zoned areas. Those amendmcnts are found in Scctions 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 Detinitions Section has been amended to add new definitions rclative 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 mattcr 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. Also, a simple majority vote is necessary for passage of this item. (MMSS) GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board of County Commissioners gives direction to amend Ordinance 2005-44 as outlined herein. PREPARED BY: .Ten Waldron, Code Enforcement Specialist A TT ACHMENTS: Proposed Amendment to Collier County Ordinance Number 2005-44. Agenda Item No. 16A 12 January 27, 2009 Page 2 of 24 2 Page 1 of I Agenda Item No. 16A 12 January 27,2009 Page 3 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A12 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: 1/27/200990000 AM Prepared By Marlene Serrano Investigative Supervisor Code Enforcement Date CDES 1/5/200910:41:23 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Community Development & Environmental Services Admin. 1/5/20092:36 PM Approved By Diane B. Flagg Code Enforcement Director Date Community Development & Environmental Services Code Enforcement 1/5/20095:51 PM Approved By Judy Puig Operations Analyst Date Community Development & Environmental Services Community Development & Environmental Services Admin. 1/6/200912:39 PM Appron>d Hy Marjorie M. Student-Stirling Assistant County Attorney County Attorney Office Date County Attorney 1/14/20099:30 AM Appro\'C'd By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/14/20095:01 PM Appro\'cd By OMS Coordinator OMS Coordinator Date County ManClger's Office Office of Management & Budget 1/15f2009 3:18 PM Appro\'Cd B)' Mark Isackson Budget Analyst Office of Management & Budget Date County Manager's Office 1/20/20094:04 PM Appro"C'd By James V. Mudd County Manager Date Boa:-d of County Commissioners County Manager's Office 1/20/20094:26 PM file://C:\A"endaTest\Fxnort\ 122-J"nlJ"rv%?O?7 'Yo "m0091 Iii %?O('nNSFNT%70Ar.FNO 11711700ll Agenda Item No. 16A 12 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 UNICORPORA TED 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 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 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 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. Page I of21 Words struck thrOlJgR are deleted and words underlined are added. Agenda Item No. 16A 12 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. I. 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. Composting recvcles omanic household and vard wastes into compost which returns needed organic matter into the soil and reduces the amount of waste going into the landfill. SECTION TWO: 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 he eited as the "Collier County Litter, Weed and Exotics Control and Composting Standards Ordinance". SECTION THREE: AMENDMENTS TO DEFINITIONS SECTION Section Four, "Definitions," of Ordinance Number 05-44 is hereby amended to read as fo llows: When used in this Code, the following words, phrases or tenDS shall have the Page 2 of21 Words Gtruck thnl1;;h are deleted and words underlined are added. Agenda Item No. 16A12 January 27,2009 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 - Ita 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 EP A 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. .:L COMPOST- Decaved organic materials that decompose into organic soil amendment or mulch. 4. COMPOSTlNG- An above ground controlled microbial process that converts vard waste and certain household food waste to organic soil amendment or mulch bv 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 mav be constructed of wood. wire mesh, a combination of wood and wire or a commerciallv fabricated compost bin designed to contain composting materials. ;h~. CONSTRUCTION AND DEMOLOTION DEBRIS- means Daiscarded 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 I, 1997, except as provided in F.S. 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 generated 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 of21 Words struck tl,roHga are deleted and words underlined are added. Agenda Item No. 16A 12 January 27. 2009 Page 7 of 24 and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 40- 7. EXOTICS OR EXOTICS PLANTS- Australian pine (Casuarina, all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomcntosus) earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumini), 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). 3-. ~ ENCLOSED CONTAINER- Aany container having a physical structure which prevents matcrials 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 limited to, garbage cans, truck bodies capable of bcing 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 containcr. ~ 9. IMPROVED PROPERTY- iSreal property that contains buildings, streets (or paved areas) or other structural improvements. +, ill INERT WASTE MATERL4LS- fierick, block, concrete, rock, stone, earth and sand, tree from contamination or other types of waste, free from protruding rebar and/or other mctals, and capable of scrving 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, swecpings, 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 wastcs (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 propertv as the result of natural conditions. 9., 12. MOWABLE LOT- a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which 50 percent (50%) or more of unimproved propeliy, can be mowcd with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of detern1ining lot size, rights-of-way, Page 40f21 Words stmd: tlll.oHgll are deletcd and words underlined are added. Agenda Item No. 16A 12 January 27.2009 Page 8 of 24 alleys, and all easements shall be included in the calculation of the Mowable Lot; or b. Any portion of Improved Property, which can be mowed with bushhog-type, or smaller, mowing equipment without damage to the lot or equipment. 13. OFF-SITE ODORS- Obiectionable odors detectable bevond the mopem line in which the compost bin is located. -l4 1.1.. PROHIBITED ACCUMULATION OF EXOTICS- any accumulation of exotics, which is located on improved or unimproved property. +h li. RECORDED SUBDIVISION- 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. -J.b & 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. +.h 1l STORAGE OF LITTER- Ithe 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. .J.4.. 1]. UNAUTHORIZED ACCUMULATION OF LITTER- Dhe 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. Ithe 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. Dhe 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 Page 50f21 Words struck throHgh are deleted and words underlined are added. Agenda Item No. 16A 12 January 27,2009 Page 9 of 24 (6) p.m. of the day of the scheduled pickup. -1* li. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON-PROTECTED OVERGROWTH- Aany accumulation of weeds, grass or similar non-protected ovcrgrowth 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 Unrecorded subdivision of Collier County. +&.- 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. WOODY YARD WASTE- Hed!!e or tree trimmin!!s and twills (1/4 inch diameter or !!reater) or discarded Christmas trees. ++.- 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. 23. YARD WASTE- Grass/lawn clippin!!s. leaves, weeds. !!arden waste (tomato vines. carrot tops. cucumber vines, etc.) soft-bodied plants (flower and ve!!etable plants), hed!!e or tree trimmin!!s 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 fo !lows: ]. 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 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, vennin 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. Page 60f21 Words struck througH are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 10 of 24 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 herebv prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any structure UP to anv lot line. Such improved mowable lots mav reasonablv be deemed to become fire hazards. b 1. 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 Tllirteell 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. J., 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 TllirteeR Fourteen shall only apply to that p011ion 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 ThirteeR 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 locatcd 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 Thirteen Fourteen shall only apply to that portion of the unimprovcd 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. ih 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 ~ Page70f21 Words struck throuf;ll are deleted and words underlined are added. Agenda Item No. 16A 12 January 27,2009 Page 11 of 24 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). SECTION FIVE: AMENDMENTS TO EXEMPTIONS SECTION Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to read as follows: I. The area zoned Etates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eleven. 2. Properties that are unimproved and that are located within an area with an Estates zoning designation shall be exempt from the weed public nuisance declarations provided in section Eleven. ;&- 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. :h 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. +.. 5. 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 Section Eleven. SECTION SIX: AMENDMENT ADDING A NEW SECTION ENTITLED COMPOSTlNG STANDARDS Ordinance Number 05-44 is hereby amended by adding a new section entitled "Composting Standards" to read as follows: SECTION THIRTEEN: COMPOSTlNG STANDARDS. Composting is pemitted on residential properties having UP to four (4) dwelling units provided that all of the following conditions are met: 1. Pemitted Composting Materials. Only vard waste, li'uit 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 bin is located are Demitted composting materials. In addition. commercially available ingredients Page 8 of21 Words strue!: throu;;iJ are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 12 of 24 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 heayily loaded with seeds. plastics. synthetic fibers. hwnan or pet feces. diseased plants or any other garbage or refuse except for those permitted in Paragraph I aboye. 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 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 fiye hundred (500) cubic feet (for example. 10 feet by 10 feet by 5 feet) in yolume. The maximum height of the composting bin shall be fiye (5) feet. 5. Location. The composting bin shall be located in the rear yard of the property and be at least fiye (5) feet from the property line. or thirty-fiye (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 obiectionable odors to adiacent 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 effectiye decomposition of materials. A compost bin shall be properly maintained at all times and in such a manner that confomls 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 yennin 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 be responsible for its abatement. 8. Litter. Compo sting 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 Thitieen, " Notice of Violation," of Ordinance 05-44 is hereby amended to read as follows: SECTION THIRTEEN: SECTION FOURTEEN Notice ofyiolation. Page 9of21 Words struck throuf;h are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 13 of 24 1. Annual published no/ice. Annually, the County Manager, or his desi,,'nee(s) will publish, or cause to be published, a public notice, in substantially the following fonn, 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 ]8 INCHES IN HEIGHT-ORD]NANCE 2005- Section Eleven, requires that all owners of developed and undeveloped lots shall control all excessive b'TO\vth of b'Tasses or \veeds over 18 inches by mowing. All lots with such vegetation over] 8 inches in height will be 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 330] Tamiami Trail E., Naples FL 34]]2 or the ImmokaIce Courthouse at 106 ]st Street S. lmmokalee 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 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 $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 MasterMal!istrate. If certified and recorded, this order may constitute a lien on ALL of the violator's real and persona] property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by the Special MasterMal!istrate 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 owners are requested to make anangements 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 34 I 04. 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 Page 10 of 2 I Words "(ruele thrOl"gh are deleted and words underlined are added. Agenda Item No. 16A 12 January 27. 2009 Page 14 of 24 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. 2. 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 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 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: 1. 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 [date] detennined 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 PROPERTY. The lien shall include the direct cost plus an administrative fee of up to Page 11 of2l Words stmek thrOMga. are deleted and words underlined are added. Agenda Item No. 16A 12 January 27.2009 Page 15 of 24 $200.00 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 Maste.Magistrate within fifteen (IS) days from the date of this notice of violation. Or: n. by posting a Notice in " substantially the following fonn in a clearly visible location on the cited property, and at the Collier County Courthouse, or Immokalee Conrthouse. The posted Notices must be in substantially the following form: POSTED Collier County Code Enforcement Department Notice of Violation of Section Order to Correct of Ordinance 2005- (as amended), and To: [Owner(s) of Record] Date Posted: Violation/Case No. Property [Insert address where violation occurred] Folio #: As the official record owner(s) of the above-dcscribed property, you are hereby notified that a public nuisance exists on this property as of [insert date] in the form of: [describe violationl___ on the subject property. You are fnrther notified that you must immediately abate this nuisance within ten (10) days of the date of posting of this Notice by causing the abovc-descrihed 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 $200.00, all of which may be levied as an assessment against your property(s). You may contest this Notice of violation and detennination of the existence of a public nuisance by applying in writing, for a hearing before the Special Maste.Mat"dstrate within fifteen (15) days from the date of posting this notice of violation. b. If the same violator!s) receives threc or more notices of violation of this article during their ownership of any property in Collier County, even though the violations may have heen timely abated, a penalty of $50.00 will be charged for Page 12 of21 Words "tt'Hok throu,;ll are deleted and words underlined are added. Agenda Item No. 16A 12 January 27. 2009 Page 16 of 24 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 Jot mowing program provisions in section Nineteen. c. If the property owner or his agent has not abated the identified nuisance as described in said notice within ten days from 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 stc'Ps as are reasonably required to Abate the nuisance. However, the County Manager, in his discretion may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. SECTION EIGHT: AMENDMENTS TO ASSESSMENT FOR ABA TING NUISANCE SECTION Section Fourteen, "Assessment for Abating Nuisance," of Ordinance 05-44 is hereby amended to read as follows: SECTION FOURTEEN: 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 One-hundred ($100.00) 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 master Mazistrate and may impose a lien against the property. The Special master Mazistrate, by determination order, shall assess such cost against such parcel. Said detem1ination 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 I of this section, plus an additional administrative fee of One-hundred ($100.00) for lien processing, or Page 13 of2l Words struck thrml;h are deleted and words underlined are added. Agenda Item No. 16A 12 . January 27, 2009 Page 17 of 24 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. !. cop)' of the ResolHtioR approved bj' the Board of COHRty COFllmissioRers will be a€€ofl1paflied by a ,;Llegal notice of assessment of lien shall be sent to the propertv owner. This notice shall be in substantially ffl the following fornl: 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.# FOLlO# LIEN NUMBER: LEGAL DESCRIPTION: You, as the owner of the propeliy 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, whereupon, it was abated by the expenditure of public funds at a direct cost of $__. , 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 ($200.00) dollars. Such cost, by deternlination order of a Special MaGtcr Ma\,:istrate for Collier County, Florida, will become a lien on your property within twenty (20) days of deternlination by the Special Master Ma!!istrate when recorded. You may request a hearing before the Special Master Ma!!istrate to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 2005- (as amended), are excessive or unwananted or why such expenses should not constitute a lien against the property. Said request for healing shall be made to the Secretary to the Special MasterMa!!istrate, 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 tiled to foreclose said lien. Such foreclosure proceedings shall be Page 14 of21 Words ,;truck through are deleted and words underlined are added. Agenda Item No. 16A 12 January 27,2009 Page 18 of 24 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 ffif-t.fle forth herein verbatim. 6. The liens for delinquent assessments imposed hereunder sha1l remain liens, coequal with the lien for a1l 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. 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 FIFTEEN: SECTION SIXTEEN: 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 detennination by filing an application for a hearing before the Special _ 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 a!,'feement with any third party regarding such property. 3. If, after said hearing, the Special _ Magistrate determines that the assessment is fair, reasonable, and warranted, the assessment determination order shall be recorded forthwith. If the Special _ Magistrate determines that the charges are excessive or unwarranted, it shall direct the County Administrator to re-compute the charges and the Special _ 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: Page 15 of2l Words struck thrallgn are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 19 of 24 SECTION SIXTEEN: SECTION SEVENTEEN: Enforcement Procedures. Collier Countv Investigators of t.fie Cellier CSHRty are hereby empowered to issue written corrective notices and/or notices to appear in County court, or before the Special ffia5ter Ma~istrate 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 Countv Investigators acting pursuant to ef 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 be 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 SEVENTEEN: 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 THirteen 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 propel1y 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 MANDA TORY LOT MOWING PROGRAM SECTION Section Nineteen. "Procedures for Mandatory Lot Mowing Program," of Ordinance Number 05-44 is hcreby amended to read as follows: MOWING SECTION NINETEEN SECTION TWENTY Procedures For Mandatory Lot Mowing Program I. Inclusion in mandatory lot mowing program If a public nuisance is determined to exist three or more times after July 15. 200 I. on a pat1icular lot or parcel of Page 16 of21 Words stmek through are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 20 of 24 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 be 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. MandatDlY Lot MO>ting 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 Otlice as the tax roll address ofrecord. Notice to owner(s) of account balance requirements are 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 Ordinance. 4. Failure 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 lien. The Legal Notice of Assessment of Lien will be submitted to the Special master Magistrate who shall impose a lien against the property. The Special master Magistrate shall assess all applicable costs and fees 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 (me-hundred ($100.00) plus one-hundred ($] 00.00) 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 resolutioE order of the Special Magistrate is rccorded at the statutory interest rate per annum. Page 17 of21 Words stnlck tlH'OHf;R are deleted and words underlined are added. Agenda Item No. 16A 12 January 27.2009 Page 21 of 24 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 [Insert Property Owner's Name and Address] DATE: TO: REFERENCE INVOICE#: VIOLATION LEGAL DESCRIPTION: VIOLATION FOLIO #: 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 ordcred 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 failcd 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 Mal!istrate, will become a lien on your 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 detennination order by the Special Master Mal!istrate. the Secretary to the Special Master 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 ordcr by the Special Master Mal!istrate, then the Secretary to the Special Master Mal!istrate will automatically and without furthcr direction record both tbe Order and Notice of Assessment of Licn 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 begun within this thiliy (30) day period, all objections of that person to the imposition of the lien will be decmed 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. Propertics, for which payments are received or Page 180f21 Words struck th;-ough are delcted and words underlined are added. Agenda Item No. 16A 12 January 27,2009 Page 22 of 24 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. I I. 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. SECTION THIRTEEN: AMENDMENTS TO PENALTIES SECTION Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as follows: SECTION TWENTY: 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 ltlfr5tef Magistrate may be fined as authorized by the Ordinances establishing the Enforcement Board and Specialltlfr5tef Magistrate. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance 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 be punished by a fine not to exceed five hundred ($500.00) 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 Page 190f21 Words struck throu;;h are deleted and words underlined are added. Agenda Item No. 16A 12 January 27, 2009 Page 23 of 24 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 SEVER~BILLITY 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-Iettered 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 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 , 2009. ATTEST: DWIGHT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: DONNA FIALA, CHAIRMAN Approved as to fonn and legal sufficiency: Page 20 of 21 Words struck through are deleted and words underlined are added. Agenda Item No. 16A 12 January 27. 2009 Page 24 of 24 Marjorie M. Student-Stirling Assistant County Attorney Page 21 of2l Words struck thrOU;;B are deleted and words underlined are added.