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Agenda 03/10/2009 Item #17C EXECUTIVE SUMMARY ,L,genda item No. i 7C March 10. 2009 Page 1 of 27 Recommendation that the Board of County Commissioners approve ameuding the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for the Special Magistrate's role in the imposition of nuisance abatement liens and to incorporate the Board's prior direction as reflected on the attached proposed amended ordinance OBJECTIVE: To obtain the Board of County Commissioner's (BCC) approval to amend Ordinance Numbcr 05-44, which sets forth requirements for assessing liens in nuisance cases that have been abated by the County, as rellected on thc attached proposed amended ordinance. By approving this amendment, it would eliminate the necessity of bringing each individual case before the BCC for the adoption of a resolution to impose a lien by allowing the Special Magistrate to impose liens without BCC resolution. The attached proposed amended ordinance also incorporates other recommended changes as previously directed by the Board. CONSIDERATIONS: Staff seeks Board approval to revise Ordinance Number 2005-44 to allow for the Special Magistratc the authority to impose liens for all costs incurred by the County in the abatement process of nuisance cascs without bringing each individual case before the BCC for approval and obtaining a new rcso\ution for each property as is currently required in Ordinance 2005-44, Section Fourteen ("Asscssmcnt for Abating Nuisance"). The Special Magistrate already has the authority to impose liens for other violations and this would climinatc County Staff time in bringing fmih all of such cases to the BeC for approval. Additionally, as a "housekeeping" mcasure the Code Enforccmcnt Staff reconUllends changing all references to the "Special Master" in this Ordinance to the term "Special Magistrate". On February 10, 2009, the Board directed staff to incorporate an amendment to the ordinance requiring mowing 30' around a primary residence with the cxception that non-residential structures in the Estates are exempt from that mowing requirement. 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 Attol11ey'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. (SRT) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves amending Ordinance number 2005-44, as set forth in the attached proposed amended ordinance. PREPARED BY: .Ten Waldron, Code Enforcement Specialist ATTACHMENTS: Proposed Amendment to ('oliicr County Ordinance Numhcr 2005-44. ,<--, c,Jsrlda 11em ~~o. 17C ~ Mar"c:h 10.2009 Page 2 of 27 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 UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: PURPOSE AND INTENT; DEFINITIONS; LITTER DECLARED TO BE A PUBLIC NUISANCE; DECLARATION OF PUBLIC NUISANCE; EXEMPTIONS; NOTICE OF VIOLATION; ASSESSMENT FOR ABATING NUISANCE; ASSESSMENT RIGHT TO HEARINGS ON DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT; ENFORCEMENT PROCEDURES; IMMEDIATE CORRECTIVE ACTION; PROCEDURES FOR MANDATORY LOT MOWING PROGRAM; PENALTIES; A."ID FURTHER PROVIDING FOR A CONFLICT AND SEVERABILITY SECTION; AN INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION; AND AN EFFECTIVE DATE SECTION. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection of the public; and WHEREAS, at the February 3,2009, 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 and to include provisions requiring mowing around primary residences but exempting non-residential lots within the Estates from the mowing requirement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Page I of 25 Words 5tl1icl~ through are deleted and words underlined are added. i'<Jenca :t21T1 f-JO. 17C Iv1ar:h 10.2009 P8Je 3 of =7 AMENDMENTS TO PURPOSE AND INTENT SECTION Section One, "Purpose and Intent," of Ordinance Number 05-44 IS hereby amended to read as follows: SECTION ONE: Purpose and Intent +he eOOe This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. 1. The accumulation of Liller 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 grow1h on, or in elose proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety, and welfare of the citizens of Collier County. AMENDMENTS TO DEFINITIONS SECTION Section Four, "Definitions," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION FOUR: Definitions When used in this GOOe Ordinance, the following words, phrases or terms shall have the following meanings, unless the content clearly indicates otherwise: 1. ABANDONED PROPERTY - Aany wrecked, inoperative, derelict, or partially dismantled property having lillie, 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 - Ioo 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 Page 2 of 25 Words strnek tMoligh are deleted and words underlined are added. AGenda item No. 17C .~ fAarch ; 0.2009 Page 4 of 27 elevation and to pOlson any stumps, if remammg, 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. 3. CONSTRUCTION AND DEMOLOTION DEBRlS- ffielIHS .Qtliscarded 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 wlllch normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; effective January 1, 1997, except as provided in Section 403. 70 7(12) (j), F.S., unpainted, non-trcated 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 and demolition debris with other types of solid waste will cause it to be elassified as other than construction and demolition debris. 4. EXOTICS OR EXOTICS PLANTS- Australian pine (Casuarina, all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia aur;eulifurmis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck), Page 3 of 25 Words struck !hrSHgB are deleted and words underlined are added. !:"'Clsnca item No. i 7e v i\~ar::::h: O. 2009 Pa'~18 5 of 27 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). 5. ENCLOSED CONTAINER- Aany container having a physical structure which prevents materials from falling out, spilling, blowing out by wind action, or coming out by other accidental means during transport or on-site storage, and shall include, but not be limited to, garbage cans, truck bodies capable of being enclosed for transit purposes only, roll-off containers, and any other container sufficient to prevent the accidental scattering or leaking of said materials on surrounding properties and on public roads. A dumpster enclosure is not an enclosed container. 6. IMPROVED PROPERTY- RFeal property that contains buildings, streets (or paved areas) or other structural improvements. 7. INERT WASTE MATERIALS- !!brick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, free from protruding rebar andlor other metals, and capable of serving as fill material without harm to, or pollution of, ground or surface waters. 8. 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, eloth, wood and wood products, sweepings, liquids (other than uncontaminated watcr), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes, such as palm fronds, that have accumulated on public or Page 4 of 25 Words struck t],rollg], are deleted and words underlined are added. Agenda !~em ~Jo. ~17C f\;1arch 10, 2,009 6 of 27 private property as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase bv natural growth rather than man-made. 9. MOWABLE LOT- a. Any portion, piece, division, or parcel of land in any Recorded or Uurecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights- of-way, alleys, and all easements shall be ineluded 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. 10. PROHIBITED ACCUMULATION OF EXOTlCS- AlIIIY accumulation of Exotics, which is located on improved or unimproved property. 11. RECORDED SUBDIVISION- Land subdivided into three (3) 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. 12. 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 dwnpster enclosure is not a receptacle. 13. 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. 14. UNAUTHORIZED ACCUMULATION OF LITTER- Ithe accwnulation oflitter in or upon any public or private property or body of water, which is not contained within proper containers or receptacle~ provided for Page 5 of25 Words stroek thrcmgll are deleted and words underlined are added. AJenU3 item r~o. 17C !/arch 10_ 2009 Page 7 of 27 control of Litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not inelude 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. the subject building is being constructed, remodeled, repaired, or demolished under the authority of an active, valid Collier County building permit and for which the materials are to be used; and b. the building materials are secured during construction, remodel, repair, or building demolition, to prevent the material from falling out, spilling, blowing out by wind action, or coming out by other accidental means so that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties. Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials are placed upon a right-of-way earlier than six (6) p.m.ofthe 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 (6) p.m of the day of the scheduled pickup. 15. UNLAWFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON-PROTECTED OVERGROWTH- Aany accumulation of weeds, grass or similar non-protected overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County. 16. 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. Page 6 of 25 Words struck tRr-0Hgll. are deleted and words underlined are added. Ag8nda Item No. 17C March 10.2809 F;a~e 8 of 27 17. WRITTEN CORRECTIVE NOTICE- Aa written statement issued to the violator or hislher 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. AMENDMENTS TO LITTER DECLARED TO BE A PUBLIC NUISANCE SECTION Section Five, "Litter Declared to be A Public Nuisance," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION FIVE: Litter Declared to be a Public Nuisance The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in Seetiens SiJ[, Seven, Eight, Nine or Ten this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. AMENDMENTS TO DECLARATION OF PUBLIC NUISANCE SECTION Section Eleven, "Deelaration of Public Nuisance," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION ELEVEN: Declaration of Public Nuisance 1. 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 },dmiBiGtrater Manager or his designee to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by non-protected rodents, vermin or 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 ,velfare of adjacent or surrounding property. Page 7 of 25 Words strnelc througH are deleted and words underlined are added. !\genda [l8lTi ~~o. 1 f'C r,,;a,,:::h 10,2009 Page 9 of 27 2. In the area zoned Estates. the accumulation of weeds. grass. or other similar non- protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared a public nuisance when located upon anv improved lot within 30 feet of any residential structure UP to any lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. ;h 3. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in this County, which condition is adjacent to a private or public right-of-way and is not within a Recorded or HUrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in SoctiaR ThirteeR this Ordinance shall only apply to that portion of the property to a depth of twenty (20) feet from the property line or lines running adjacent and parallel to a private or public right(s)-of-way. * 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 uUmecorded 5~ubdivision. However, the requirements for abatement of the public nuisance as described in Soction ThirtoeR this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in SectioR TIlirteeH this Ordinance shall only apply when the County receivoo2 a complaint. 40 lo The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the citizeas of Callier County public and is likely to continue to aid in the concealment or commission of future Page 8 of 25 Words struck through are deleted and words underlined are added. Agenda item ~~o. 17C fv1arch i 0, 2009 Page 10 of 27 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 Callier CeRnt)' public shall constitute sufficient evidence. However, the requirements for abatement of the public nuisance as described in Section Thirteoo this Ordinance shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property. ~ 6. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Umecorded Subdivisions are prohibited and declared to be a public nuisance. 6, 7. The accumulation of weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in the-unincorporated Collier County, which is not within a Recorded or Utlmecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100) feet of the property line or lines of Recorded or Utlmecorded Subdivision(s). AMENDMENTS TO EXEMPTIONS SECTION Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION TWELVE: Exemptions 1. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Sectian Eleven. this Ordinance. except for the accumulation of weeds. grass or similar non-protected overgrowth in excess of eighteen (18) inches in height located upon anv improved lot within thirtv (30) feet of anv residential structure up to anv lot line. ~. Properties that are unimproved and that are located within an area with an Estates zoning desi{!J1ation shall be exempt from the weed public nuisance deelarations provided in Section Eleven. this Ordinance. Page 90f25 Words struck lfinmgll. are deleted and words underlined are added. ,AQenda item ~'Jo. 17C -- r'vbrch 10, 2009 Paoe 'j 1 of 27 3. Non-residential structures located on improved properties with an Estates zoning designation shall be exempt from the thirty (30) foot mowing requirements of this Ordinance. :J... 4. 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 under pllrGUlHlt to Section Elsysn. this Ordinance. ;., ~ The lands zoned Agricultural that are located outside of the Urban Boundary as described in on the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations 13r0Yided in SestioH Eleven. this Ordinance. 4-c 6. 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 Sectioll Els':sll. this Ordinance. 7. Horticultural waste. such as palm fronds. that have accumulated on public or private property as the result of natural conditions shall be exempt from the enforcement provisions of this Ordinance. Natural conditions is defined as an accumulation that occurs as a result of an increase bv natural means rather than man-made. AMENDMENTS TO NOTICE OF VIOLATION SECTION Section Thirteen, "Notice of Violation," of Ordinance 05-44 is hereby amended to read as follows: SECTION THIRTEEN: Notice of violation. 1. Annual published notice. Annually, the County Manager, or his designee(s) will publish, or cause to be published, a public Notice. in substantially the following form. which Page 10 of25 Words struck through are deleted and words underlined are added. .!\;y:::)ja itsrn No. 17C f\1arc,h 10.2009 Pclge 12 of 27 details the abatement procedures for violal1ons described in geetieR gleveR ef this Ordinance. This Notice will be published in a newspaper of general circulation for a minimum of four Sundays beginning with the first Sunday in January of each year, and on every other Sunday thereafter: A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OF COLLIER COUNTY, FLORIDA NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE 2005- SeetieR Ele'/eR, The Collier County Litter, Weed and Exotics Control Ordinance requires that all owners of developed and undeveloped lots shall control all excessive growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot. If posted, a copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Immokalee FL, 34142, as applicable. A posted notice may, at the option of the County, be used in lieu of mailing individual letters to property owners. After ten (10) days from the date ofpos!ing or mailing, ifno action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars {$100.00}. Additional charges can be assessed for oversized lots or extremely overgrown lots. Repeat violators may be subject to additional fees or charges, or after three violations may be included in a mandatorj 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 ~Magistrate. If certified and recorded, this eQrder may constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by (he Special ~Magistrate for Collier County. If the lien remains unpaid after one (I) 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. Page 11 of25 Words sImek thr-ough are deleted and words underlined are added. !':"8en,ja Item ~'Jo. "17e r,13iCh i [I, 20C9 ?age 13 'Jf 27 All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the optIOn of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. ."u1y questions regarding these procedures can be addressed to the Code Enforcement Department. Phone nu,nber (239) 4W 252.2440; located at 2800 North Horseshoe Drive, Naples, FL 34104. a. Annual publication of this Notice is intended to provide continuing constructive notice to all affected property owners in Collier County of the procedures for abatement of the specified violations, and of the 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 exists as described in seotieRs Five, EigHt, TeR, ""8 "leveR Bf 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 informmg the owner(s) of said property of the existence of the nuisance and the corresponding violations(s). The form and manner of the notice proVIded will be determined by the Director of Code Enforcement and will depend on the number of violations eited issued to a particular property owner(s), the number of and frequency of any prior violations at the property owned by the violator(s), the timeliness of any prior 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: Page 12 of 25 Words struck through are deleted and words underlined are added. Agenda Item No. ~ 7C March 10.2009 Page 14 of 27 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] determined that a public nuisance exists on your property pursuant to County Ordinance No. 2005- (as amended), caused by: [describe violation] You are further notified that you shall abate this nuisance within ten (10) days of the date of this notice by [describe how to abate] . Failing this action on your part, the Board of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY. The lien shall include the direct cost plus an administrative fee of tIlHe two hundred dollars {$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 OWNERSIDP 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 Mas!efMagistrate within fifteen (IS) days from the date of this notice of violation. Or: ii. by posting a Notice in a substantially the following form in a clearly visible location on the cited property, and at the Collier County Courthouse, or Immokalee Courthouse. The posted Notices must be in substantially the Page 13 of25 Words struek thr-eegh are deleted and words underlined are added. Aaenda :~3m No. l1e - !'..':are-h -: O. 20(19 F'e';j8 -: 5 of 27 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-described property, you are hereby notified that a public nuisance exists on this property as of [insert date] in the form of: [describe violation] on the subject property. You are further notified that you must immediately abate this nuisance within ten (10) days of the date of posting of this Notice by causing the above-described property to be: [mowed/exotics removed, or otherwise describe how to abate] If the violation is not abated within the time required, the County may act to cause the nuisance to be abated. FAILURE TO ABATE TillS NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST THE LAND ON WIDCR 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 HjHe two hundred dollars ($200.00), all of which may be levied as an assessment against your property(s). You may contest this Notice of "Yiolation and determination of the existence of a public nuisance by applying in writing, for a hearing before the Special MasteFMagistrate within fifteen (15) days from the date of posting this f1)'{otice of "Yiolation. b. If the same violator(s) receives three or more Notices of "Yiolation of this Ordinance during their ownership of any property in Collier County, even though the violations may have been timely abated, a penalty of fifty ($50.00) dollars will be charged for each notice received thereafter. An administrative fee of QQne hundred ($100.00) dollars Wlll also be assessed for each Invoice processed Page 14 of25 Words struck throllgh are deleted and words underlined are added. ACi'2il\..~a [tern ~-Jo. 17C '-' ~'v~8I"ch i O. 2009 ~'a;Je 16 of 27 for the payment of said penalty. In addition, all cited property{s), may at the discretion of the County Manager or his designee, become subject to the county's mandatory lot mo"~ng program provisions in 8eetioR NiBeteeR. this Ordinance. c. If the property owner or his agent has not abated the identified nuisance as described in said notice within ten (10) days from the date of the fl:t-!otice of "Yiolation, the County will A!!bate the condition and shall, through its employees, servants, agents, or contractors, be authorized to enter upon the property and take such steps as are reasonably required to A!!bate the nuisance. However, the County Manager, in his discretion may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. AMENDMENTS TO ASSESSMENT FOR ABATING NUISANCE SECTION Section Fourteen, "Assessment for Abating Nuisance," of Ordinance 05-44 is hereby amended to read as follows: SECTION FOURTEEN: Assessment for Abating Nuisance. 1. After abatement by the County or its agent, the cost tbereof to the County as to each parcel shall be calculated and reported to tbe Collier County Manager or hislher 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 GQne-hundred ($100.00) dollars per parcel of property. 2. In the event the property owner abates the violation, but has received a total of three notices of violation for separate violations during the property owners ownership of the referenced property, the County shall mail an invoice to the property owner including a penalty of F[Jfty ($50.00) dollars per parcel, plus an administrative fee of GQne Hhundred ($100.00) dollars for the repeat violation invoice. Each notice of violation thereafter to the sa.TTIe property owner, shall be processed in the same manner. 3. If the invoice sent by the County Manager or hislher designee is not paid at the expiration of the twenty (20) days of the date of the invoice, the Special MaGtcr Page 15 of25 Words struele thrOl,gh are deleted and words underlined are added. A;;srica item No. i 7e ;'.'~i:lrch 10, 20D9 Pa;;e 17 of 27 Magistrate and may impose a lien against the property. The Special Master Magistrate, by determination order, shall assess such cost against such parcel. Said determination order shall: a. describe the land and show the cost of abatement, and shall include the initial administrative fee of GQne hundred ($100.00) dollars per parcel as mentioned in paragraph I of this section, plus an additional administrative fee of GQne hundred ($100.00) dollars for Iicn processing, or b. describe the land and shall include the penalty and initial administrative fee per parcel as mentioned in paragraph 2 of this section. Such determination eOrder shall constitute a lien, which shall run with the property until paid. The determination eOrder shall also specify that interest shall accrue on the unpaid balance beginning on the date the resehllisn Order is recorded at the rate of twelve (12) percent per annum. 4 A copy of the Resellltion appre'lBa by the Board ef COlmty Commissioners '""ill be aeeol1'ljlanieEl by a A legal notice of assessment of lien substantially in the [ollewing fOrm shall be sent to the propertv owner. This Notice shall be substantially in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN [Insert Property Owner's Name and Address] REF. IN\!.# FOLIO# LIEN NUMBER: LEGAL DESCRIPTION: DATE: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Dircctor, did on [ date] , 20 , order the abatement of a certain nuisance existing on the above property prohibited by Ordinance ;!004 2005. (as amended), and served a notice of violation upon you. The nuisance Page 16 of25 Words struek throuSh are deleted and words underlined are added. l\genda item ~\Jo. 'i 7:: Marc;h 10, 2009 F\age 18 of 27 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 +!Wo- 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 +!Wo Hundred ($200.00) dollars. Such cost, by determination order of a Special Master Magistrate for Collier County, Florida, will become a lien on your property within twenty (20) days of determination by the Special Master Magistrate when recorded. You may request a hearing before the Special Master Magistrate to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 2005- (as amended), are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Secretary to the Special MaGtcrMagistrate, Collier County Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writing within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. 5. After the expiration of one year from the date of the Lien, as provided herein, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the same extent as if such provisions were set fer4fie forth herein verbatim. 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other 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 Page 17 of25 Words struck thrOHgR are deleted and words underlined are added. ;\genda Item No. 17e kiarch 10. 2009 Pa.;;e 19 of 27 determines an error has been made based upon his/her judgment. AMENDMENTS TO ASSESSMENT RIGHT TO HEARINGS ON DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT SECTION 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: Assessment Right to Hearings on Declaration of Public Nuisance and Assessment. I. Any property owner receiving the f1)::{otice of "Yiolation pursuant to Seetiell Thirteell this ordinance may contest this detennination by filing an application for a hearing before the Special Ma5tef Macistrate within fifteen (15) days from the date affixed on the f1)::{otice of"Yiolation, dependent upon the notice and type of proceeding. 2. Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. 3. If, after said hearing, the Special Ma5tef Macistrate detennines that the assessment IS faIr, reasonable, and warranted, the assessment detennination order shall be recordcd forthwith. If the Special Ma5tef Macistrate determines that the charges are excessive or unwarranted, it shall direct the County ~Manacer to rc-compute the charges and the Special Ma5tef Magistrate shall hold a further hearing after notice to the owner upon the re- computed charges. AMENDMENTS TO ENFORCEMENT PROCEDURES SECTION Former Section Sixteen, "Enforcement Procedures," of Ordinance 05-44 is hereby amended to read as follows: SECTION SIXTEEN: Enforcement Procedures. Collier County Investigators sf tile Callier County are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court, or before the Special Ma5tef Page 18 of25 Words struck through are deleted and words underlined are added. A02nda !terr, ['Jo. i 7C ~ fAar;:;h 10. 2009 Page 20 :;f 27 Magistrate to any person violating the provisions of this Ordinance. All such notices issued, shall be maintained by the issuing authority for public inspections, during normal office hours. Written Corrective Notices issued by Counrv Investigators acting pursuant to ef this eQrdinance 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. AMENDMENTS TO IMMEDIATE CORRECTIVE ACTION SECTION Section Seventeen, "Immediate Corrective Action," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION SEVENTEEN: 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 SectioH ThirteeH this Ordinance, shall advise the owner that the County wiII remedy the hazardous condition as soon as possible. To be effective, the notice shaIl be served upon the occupant if the property is occupied or physicaIly posted on the property and sent by certified mail to the owner as hislher name appears on the records of the property appraiser. AMENDMENTS TO PROCEDURES FOR MANDATORY LOT MOWING PROGRAM SECTION Section Nineteen, "Procedures for Mandatory Lot Mowing Program," of Ordinance Number 05-44 is hereby amended to read as follows: Page 19 of25 Words struck thrsllgh are deleted and words underlined are added. L\r\.<:of,rla \f;:>l11 \10 17r ;:)~' J'-'t A_~'_:' ; "')-.,',.-.,,'--' lvut,Ji 10 ,,-L,,-,g Pags 21 of 27 SECTION NINETEEN Procedures for Mandatory Lot Mowing Program I. Inelusion in mandatory lot mowing program. If a public nuisance IS determined to exist three or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program, as set forth belo\v. 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 oode Ordinance exists on the property( s), the agreement approved by the County will become null and void. In that event, the property owner would be provided written notice that the lot mowing program exemption would be revoked by a date certain, and the property would be placed in the Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long as the orooerty is owned by the same property owner(s). 3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice win be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record. Notice to owner(s) of account balance requirements are ~ accomplished in t.~is Section, and receipt Page 20 of 25 Words struck throllgh are deleted and words underlined are added. iD.genda item No. 17C Mal'ch 10. 2009 Page 22 of 27 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 eOrdinance. 4. Failure to comply with payment of a Mandatory Lot Mowing invoice, as set forth in Subsection (3) above, will constitute a violation te of this Ordinance. If, after thirtv f30} days of mailing, the invoice has not been paid, the County Manager, or his designee, wi!! proceed with enforcement procedures to file a lien. The Legal Notice of Assessment of Lien will be submitted to the Special Master Macistrate 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 inelude the initial administrative expense of one hundred ($100.00) dollars plus one hundred ($100.00) dollars per parcel for lien processing. Such action, when recorded, shall constitute a lien on all personal and real property located in Collier County, which runs with the owner's real property until paid. The action will also specify that interest will accrue on the unpaid balance beginning on the date the reGolution order of the Special Macistrate is recorded at the statutory interest rate per annum. 5. Legal notice of assessment of lien. The Legal Notice of Assessment of Lien will substantially be in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH IT'S CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA TO: [Insert Property Owner's Name and Address] REFERENCE INVOICE#: VIOLATION FOLIO #: VIOLATION LEGAL DESCRlPTION: DATE: 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 Page 21 of25 Words strHek tiHOllgR are deleted and words underlined are added. item fJCJ. 'l7e [,12rch 10, 2D09 Pa;je 23 of 27 Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulation on , 200 , and ordered the abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005- , as amended. and served a notice of violation upon you. The nuisance is; [describe the nuisance] You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $ .00 and an administrative cost of $ .00 for a total of$ Such costs, by order of the Special Master Magistrate, will become a 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 determillatien issuance of an order by the Special Master Magistrate. the Secretary to the Special Master Magistrate will immediately mail a copy of each approved eOrder and Notice Assessment of Lien via regular U.S. mail. If full payment for the assessed amount, is not made by the property owner within twenty (20) days from the date of signature of the determination order by the Special Master Magistrate, then the Secretary to the Special Master Magistrate will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property. 6. Limitation on time to contest kwy imposition of lien. Any person aggrieved by the aetioR of the Board imposition of the lien must commence an action in circuit court within thirty (30) days from the date the order is rendered. Unless such action is begun within this thirty (30) day period, all objections of that person to the imposition of the lien will be deemed to have been waived. 7. Prepayment and recording of lien. For a period of twenty (20) days after the date of the order of the Special Master Magistrate levyillg imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is Page 22 of 25 Words stme!: tlH'SlIgh are deleted and words underlined are added. .A.g,sncJa It.3m No. ~i 7C [\f,arch 10. 2009 Page 24 of 27 signed, will stay the recording of the lien. If, after expiration of the prepayment period paymefll expires and said payment is not received, A i! certified copy of the order will be recorded in the eOffice 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 le'/yiHg imposing the lien has been as adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. II. Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. AMENDMENTS TO PENAl,TIES SECTION Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as follows: Page 23 of25 Words struok through are deleted and words underlined are added. A;srlda Item r Jo. ~ 7e fv'1arch 10. 2009 Page :::5 of 27 SECTION TWENTY: Penalties. If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance llflieIe, such person upon an order by the Code Enforcement Board or Special MasleF Magistrate may be fined as authorized by the Ordinances establishing the Enforcement Board and Special MasleF Magistrate. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall l>e guilt). of constitute a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of cumpetent 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 Hhundred ($500.00) dollars 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 Ordinance by means of a Code Enforcement Board, or Special MaGter Magistrate proceeding, established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. CONFLICT AND SEVERABILLITY SECTION 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 shaIl not affect the validity of the remaindering portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be Page 24 of 25 Words strnclc through are deleted and words underlined are added. A-Janda Itern r~o. ~i 7C -- r\.~arch 10 2009 Page ~6 of '27 renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. EFFECTIVE DATE SECTION 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 10th day of March, 2009. ATTEST: DWIGHT BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA BY: , Deputy Clerk BY: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: rg; Scott R. Teach Deputy County Attorney Page 25 of 25 Words stmck throHgh are deleted and words underlined are added. Item Number: Item Summary: Meeting Date: Page] of ] It~,n No. 1~' !\.brc;h 1 D 2009 27 of 27 COLLIER COUNTY 30ARJ OF COUNTY COMM!SSIONERS l7e Pecornrne:,jalion 1hz.! ths Board of County Commissioners approve to revise the Liller, ....Vecd and Exotic Control Or:Jinance (:Jrdinal"lCE: rJumber 05-":'4) to clarify the requirements f::Jf the Special Magistrates rJle in the imposition of nuisance abatement liens and to incorporate !he Boards prior dlfectior, as reflectt"d on t~le attached proposed amended ordinance 3/10/2009 9:0CI:OQ ,1,M Prcpa red By Marlene Serrano CDES Inv(>stigative Supervisor Date Code Enforcement 2/2612009 5: 11 :25 PM Approved By Diane B. Flagg Community Development & Environmental Services Code Enforcement Dire::tor Date Code Enforcement 2/25/20096:01 PM Approved By Scott R. TeZlch Count~' A.ttorney Assistant County Attorn8Y Date County Attorney Office 2/27f20Q9 4:25 PM Approved By Joseph K. Schmr::t Community Development & Environmental Services Community Dev0lopm.;>nt & !::nvironrnental Services Adminstrat(,r Date Community Development & Environmental Services Admin. 2/27/20098:06 PM Approved B:r Judy Puig Community Development & Environmental Services Operations Analyst Date Community Development & ::nvironmental Serl/ices Admin. J/2/2009 8:49 AM App,"oved By OMB Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 2/2/2009 1 :15 PM Approved By Mark Isackson County Manager's Office Budget Analyst Dale Office cf tl'ianagemc:nt & Budr:JfH 3/2/20094:03 PM Approved By James V, Mudd Board of County Commissione-rs County f\':anagL'r Date County M2nager's Office 3;2/20096:03 PM filp.//r.\ A opnrlqTr><;:t\r:'ynnl"f\ t l"_M':lrrhoj" '1(l 1 n 0/" l(ll()nQ\ t 7 0/" In,IIM-r-.A A RYoj" ')n A r,.1='l\ln A 1/.1nnnO