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Backup Documents 03/10/2009 Item #17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17C To: Clerk to the Board: Please place the following as a: [8J Nonnallegal Advertisement (Display Adv., location, etc.) o Other: **************************.******************************************************************************* Originating Deptl Div: Code Enforcement Department Person: Diane Flagg, Director Date: 02117/09 Petition No. (If none, give brief description): Ordinance Amending Ordinance Number 05-44, Regulation of Utter, Weeds and Exotics Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 10,2009 Newspaper(s) to be used: (Complete only if important): [8J Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Ordinance Amending Ordinance #05-44 Companion petition(s), if any & proposed hearing date: Division Admini include advertising cost? [8J Yes 0 No If Yes, what account should be charged for advertising costs: 9~ ..a.-SOC'OCl ~OS' I I I . 0..lfJln Date Does Petition F Reviewed by: List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before suhmitting to County Manager. Note: If legal document is involved, be snre that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17C ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-44, WHICH REGULATES AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN THE UNICORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: PURPOSE AND INTENT; DEFINITIONS; LITTER DECLARED TO BE A PUBLIC NUISANCE; DECLARATION OF PUBLIC NUISANCE; EXEMPTIONS; NOTICE OF VIOLATION; ASSESSMENT FOR ABATING NUISANCE; ASSESSMENT RIGHT TO HEARINGS ON DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT; ENFORCEMENT PROCEDURES; IMMEDIATE CORRECTIVE ACTION; PROCEDURES FOR MANDATORY LOT MOWING PROGRAM; PENALTIES; AND 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 1 of 25 Words stmek through are deleted and words underlined are added. 17C'. 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 oode This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. 1. The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. 2. The accumulation of weeds, grass, or Exotics or similar growth on, or in close proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety, and welfare of the citizens of Collier County. 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 GetIe 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 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 Page 2 of 25 Words stmsk through are deleted and words underlined are added. 17C 'I elevation and to pOlson any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye; or to remove Litter; or to remove Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as the mulching occurs in an Enclosed Container, and is removed from the site. 3. 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 Section 403.707(12)(j), FS., 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 and demolition debris with other types of solid waste will cause it to be classified 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 auriculiformis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck), Page 3 of 25 Words struck thrOHgl1 are deleted and words underlined are added. 17C~ 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- Rreal property that contains buildings, streets (or paved areas) or other structural improvements. 7. INERT WASTE MATERIALS- llbrick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, free from protruding rebar and/or other metals, and capable of serving as fill material without harm to, or pollution of, ground or surface waters. 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, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes, such as palm fronds, that have accumulated on public or Page 4 of 25 Words struek tlrrough are deleted and words underlined are added. 17C ~ private propertv as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase bv natural l!;rowth rather than man-made. 9. MOWABLE LOT- a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights- of-way, alleys, and all easements 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. 10. PROHIBITED ACCUMULATION OF EXOTICS- Aany 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 dumpster 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 accnmulation 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 Page 5 of25 Words struck throagh are deleted and words underlined are added. 17C ., 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. 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 Sill (6) p.rn.of the Right twentv-four (24) hours 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.rn of tHe Gay of later than twentv-four (24) hours after 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 Umecorded 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 street. thrOUgH are deleted and words underlined are added. 17C 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 Sections Sill, 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, "Declaration of Public Nuisance," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION ELEVEN: Declaration of Public Nuisance I. 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 .'\dministrator Manal!;er 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 welfare of adjacent or surrounding property. Page 7 of25 Words struck trnoHgh are deleted and words underlined are added. 17C 2. In the area zoned Estates. the accumulation of weeds. l!rass. or other similar non- protected overl!rowth in excess of eil!hteen (I8) inches in heil!ht is hereby prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any residential structure UP to anv lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. ;;!, 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 tlUrecorded Subdivision. However, the requirements for abatement of the public nUisance as described in Section Thirteen 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. 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 tlUnrecorded s.S.ubdivision. However, the requirements for abatement of the public nuisance as described in Section Thirteen 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 Section Thirteen this Ordinance shall only apply when the County received~ a complaint. 4, ~ The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the citizens of Collier COURty 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. 17C 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 citizells of C011ier COllnty public shall constitute sufficient evidence. However, the requirements for abatement of the public nuisance as described in Sectioll Thirteen this Ordinance shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property. * 6. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public nuisance. e., 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 tfle-unincorporated Collier County, which is not within a Recorded or UlInrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100) feet of the property line or lines of Recorded or UlInrecorded Subdivision(s). AMENDMENTS TO EXEMPTIONS SECTION Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION TWELVE: Exemptions I. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Sectioll Eleven. this Ordinance, except for the accumulation of weeds, l!rass or similar non-protected overl!rowth 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 desil!nation shall be exempt from the weed public nuisance declarations provided in Sectioll Eleven. this Ordinance. Page 9 of25 Words struck throllgh are deleted and words underlined are added. 17C .1 Non-residential structures located on improved properties with an Estates zoninl! desil!nation shall be exempt from the thirtv (30) foot mowing requirements of this Ordinance. ;!- 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!! aeelaratiolls under llHfSl,umt to SeetioR EleyeR. this Ordinance. ;;., 2., The lands zoned Agricultural that are located outside of the Urban Boundary as described in on the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations provided in SectioR EleveR. this Ordinance. 4, 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 SectioR EleyeR. this Ordinance. 7. Horticultural waste, such as palm fronds, that have accumulated on public or private propertv 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. 17C details the abatement procedures for violations described in SectieR "'eveA 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-ORDINANCE 2005- Se.tieA Ele',-eA, 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 ] 8 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. ]f posted, a copy of this notice will also be posted at the Collier County Courthouse at 330] Tamiami Trail E., Naples FL 34112 or the Immokalee Courthouse at ]06 1st Street S. Immokalee FL, 34]42, 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 pos!ing or mailing, if no action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars ($1 OO.OO). 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 MastefMagistrate. If certified and recorded, this eOrder may constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be paid without further costs, within twenty (20) days from the date of determination by the Special MastefMagistrate for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes. Page 11 of25 Words struck tIu-ough are deleted and words underlined are added. 17C I~ All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Violation to owners, in particular absentee owners, will be at the option of the County. The cooperation of all affected property owners will assist in reducing the large number of complaints about such nuisances received each year by the Code Enforcement Department. Compliance with this requirement will also help to control vermin and improve the appearance of the affected areas of the unincorporated County. Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number (239) 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 sections Fiye, Eig"t, Ten, ana Ele',en 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 eiteEl 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: I. Certified mail, return receipt requested, notifYing the record owner(s) of the cited violations via a Notice in substantially the following form: Page 12 of25 Words struck througn are deleted and words underlined are added. 17C 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 "'f'4e 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 OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE. You may contest this determination of the existence of a public nuisance by applying in writing, for a hearing before the Special MastefMagistrate within fifteen (15) days from the date of this notice of violation. Or: ii. by posting a Notice in a substantially the following 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 I3 of 25 Words strack through are deleted and words underlined are added. 17C following form: POSTED Collier County Code Enforcement Department Notice of Violation of Section of Ordinance 2005- Order to Correct (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 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 "fHe two hundred dollars ($200.00), all of which may be levied as an assessment against your property(s). You may contest this Notice of "Violation and determination of the existence of a public nuisance by applying in writing, for a hearing before the Special MastefMagistrate within fifteen (IS) days from the date of posting this fl1'!otice of "Violation. 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 GQne hundred ($100.00) dollars will also be assessed for each invoice processed Page 14 of25 Words struck thrOUgH are deleted and words underlined are added. for the payment of said penalty. In addition, all cited property( s), may at the discretion of the County Manager or his designee, become subject to the county's mandatory lot mowing program provisions in SeetioR NiReteeR. this Ordinance. 17C 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 RNotice of ",Violation, the County will A:jbate 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:jbate 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. I. 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 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 ofF[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 same 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 Master Page 15 of25 Words sImek throHgh are deleted and words underlined are added. 17 C'I 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 lien processing, or b. describe the land and shall include the penalty and initial administrative fee per parcel as mentioned in paragraph 2 of this section. Such determination eOrder shall constitute a lien, which shall run with the property until paid. The determination eOrder shall also specify that interest shall accrue on the unpaid balance beginning on the date the resolatioH Order is recorded at the rate of twelve (12) percent per annum. 4 ,h. eopy of the ResolutioH approved by the Board of CeuHty CommissioHem will be accompaaied by a A legal notice of assessment of lien sabstantially iH the follo',',iHg form shall be sent to the property owner. This Notice shall be substantially in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN [Insert Property Owner's Name and Address] REF. INV.# 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 Director, did on [date] , 20 , order the abatement of a certain nuisance existing on the above property prohibited by Ordinance '6004 2005- (as amended), and served a notice of violation upon you. The nuisance Page 16 of25 Words street. through are deleted and words underlined are added. 17C 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 Maoter Magistrate for Collier County, Florida, will become a lien on your property within twenty (20) days of determination by the Special Master Mal!;istrate 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 MasterMagistrate, 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 for the forth herein verbatim. 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other 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 stroete through are deleted and words underlined are added. 17C 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. ]. Any property owner receiving the a~otice of "Yiolation pursuant to Se.tion Thirteen this ordinance may contest this determination by filing an application for a hearing before the Special Mastef Magistrate within fifteen (] 5) days from the date affixed on the aNotice 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 Mastef Magistrate detennines that the assessment IS fair, reasonable, and warranted, the assessment detennination order shall be recorded forthwith. If the Special Mastef Magistrate determines that the charges are excessive or unwarranted, it shall direct the County .^.alRiRistmter Manager to re-compute the charges and the Special Mastef 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 ef the Cellier CellA!)' are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court, or before the Special Mastef Page180f25 Words struck tMollgh are deleted and words underlined are added. 17C 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 Countv Investigators acting pursuant to at this eOrdinance 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 Section THirteen this Ordinance, shall advise the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the notice shall be served upon the occupant if the property is occupied or physically posted on the property and sent by certified mail to the owner as 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 stnlck through are deleted and words underlined are added. 17C 1 SECTION NINETEEN 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 15,2001, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program, as set forth below. 2. Exemption from lot mowing program Individual property owners of record whose real property is included in the County's mandatory lot mowing program, 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 eede 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 propertv is owned by the same property owner(s). 3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record. Notice to owner( s) of account balance requirements are is accomplished in this Section, and receipt Page 20 of 25 Words struck thrOHgll. are deleted and words underlined are added. 17C 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 thirty (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 Mal!;istrate who shall impose a lien against the property. The Special MaDtcr 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 one hundred ($ I 00.00) 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 resolatioR order of the Special Magistrate is recorded at the statutory interest rate per annum. 5. Legal notice of assessment of lien. The Legal Notice of Assessment of Lien will substantially be in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH IT'S CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA TO: [Insert Property Owner's Name and Address] REFERENCE INVOICE#: VIOLATION FOLIO #: VIOLATION 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 Page 21 of25 Words struck throagh are deleted and words underlined are added. 17C 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 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 aetel'lRi>>atio>> issuance of an order by the Special Master Mal!;istrate, the Secretary to the Special Master Mal!;istrate 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 Maater Mal!;istrate will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property. 6. Limitation on time to contest levy imposition of lien. Any person aggrieved by the actio>> of the hoara 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 Maater Mal!;istrate levying imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is Page 22 of25 Words struok throHgh are deleted and words underlined are added. 17C signed, will stay the recording of the lien. If, after expiration of the prepayment period paym.eat expires aHa said payment is not received, A !! 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 oflien 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 imposing the lien has been as adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. 11. Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. AMENDMENTS TO PENAL TIES SECTION Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as follows: Page 23 of 25 Words struck through are deleted and words underlined are added. l?C 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 Mastef Magistrate may be fined as authorized by the Ordinances establishing the Enforcement Board and Special Mastef 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 constitute a separate offense, Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance, Any person convicted of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Ffive 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 Macter 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 shall not affect the validity of the remaindering portion, INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be Page 24 of 25 Words stHlsk through are deleted and words underlined are added, renumbered or re-Iettered 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 COUNTY, FLORIDA BY: BY: DONNA FIALA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney Page 25 of25 Words struok tbrOHgl1. are deleted and words underlined are added. 17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17 To: Clerk to the Board: Please place the following as a: 181 Nonnallegal Advertisement (Display Adv., location, etc.) o Other: **..........................**......**......*...**................***..**.................**...**.......** Originating Dept/ Div: Code Enforcement Department Person: Diane Flagg, Director Date: 02/17/09 Petition No. (If none, give brief description): Ordinance Amending Ordinance Number 0544, Regulation'ofLiller, Weeds and Exotics Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. March 10,2009 Newspaper(s) to be used: (Complete only if important): 181 Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common location & Size: See Attached Ordinance Amending Ordinance #0544 Companion petition(s~ if any & proposed hearing date: Reviewed by: include advenising cost? [8] Yes 0 No If Yes, what account should be charged fOT advertising costs: ~~ A.-S'OO\CO flOS" ~ ~oIo%1-COd-. Date Does Petition F List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval belore submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request lor same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: o County Manager agenda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ......***.........****......*.............*****.......................**................................... FORCLERK'SOFFICEUSE~fI4'~kc, 3/ ,A _7/ '"' { Q DateReceived:~ DateolPublichearing !/D{Oc; DateAdvertiSed:~-=t- t25?, 17C ~ ORDINANCE NO. 09- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 05-44, WHICH REGULATES AND CONTROLS LITTER, WEEDS, AND EXOTICS WITHIN THE UNICORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR AMENDMENTS TO THE FOLLOWING SECTIONS: PURPOSE AND INTENT; DEFINITIONS; LITTER DECLARED TO BE A PUBLIC NUISANCE; DECLARATION OF PUBLIC NUISANCE; EXEMPTIONS; NOTICE OF VIOLATION; ASSESSMENT FOR ABATING NUISANCE; ASSESSMENT RIGHT TO HEARINGS ON DECLARATION OF PUBLIC NUISANCE AND ASSESSMENT; ENFORCEMENT PROCEDURES; IMMEDIATE CORRECTIVE ACTION; PROCEDURES FOR MANDATORY LOT MOWING PROGRAM; PENALTIES; AND 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 stnwk through are deleted and words underlined are added. AMENDMENTS TO PURPOSE AND INTENT SECTION 17C Section One, "Purpose and Intent," of Ordinance Number 05-44 IS hereby amended to read as follows: SECTION ONE: Purpose and Intent +he oo4e This Ordinance is hereby considered to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through clean and sanitary property, free from wind-blown debris and materials. 1. The accumulation of Litter and Abandoned Property on public and private property constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County. 2. The accumulation of weeds, grass, or Exotics or similar growth on, or in close proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety, and welfare of the citizens of Collier County. 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 Ge4e 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 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 - Do 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 struck through are deleted and words underlined are added. 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. 17C 3. CONSTRUCTION AND DEMOLOTION DEBRIS- meafl5 Ddiscarded materials generally considered to bc 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 Section 403.707(12)0), F.s., unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their cornponents 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 thc generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 4. EXOTICS OR EXOTICS PLANTS- Australian pine (Casuarina, all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumin i), Woman's tongue (Albizia lebbeck), Page 3 of 25 Words struck thrOligll. arc deleted and words underlined are added. 17C 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- Rreal 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 and/or 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, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes. such as palm fronds. that have accumulated on public or Page 4 of25 Words stnlCk throagh are deleted and words underlined are added. ,~_~""~__~__"____"~__'.....~,,.'~""""""~~"'_~.____'_'.,_,",~_'~"_.'_'~"~'~'_'~"'_W__'."_'."~_~'_'_'"'''___''"''' __......_ _.,_,_..______..,____ l? c,~ private property as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase bv natural l!;rowth rather than man-made. 9. MOWABLE LOT- a. Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights- of-way, alleys, and all easements 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. 10. PROHIBITED ACCUMULATION OF EXOTICS- Aany accumulation of Exotics, which is located on improved or unimproved property. II. 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 dumpster 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 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 Page 5 of25 Words struck tl1roHgl1 are deleted and words underlined are added. 17C 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. 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.rn.of tile night twentv-four (24) hours 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 later than twentv-four (24) hours after 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 of25 Words strode tlH'ough are deleted and words underlined are added. 17C 17. 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. 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 Sections Six, SC'/cn, 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, "Declaration of Public Nuisance," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION ELEVEN: Declaration of Public Nuisance I. 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 Mowablc Lot, and which lot has been specifically described by legal description and which condition has been determined by the County f.dmiRistrator Manal!;er 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 placc 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 7 of 25 Words struck through are deleted and words underlined are added. 17C 2. In the area zoned Estates. the accumulation of weeds, grass, or other similar non- protected overgrowth in excess of eil!;hteen (18) inches in heil!;ht is hereby prohibited and declared a public nuisance when located upon any 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. 2-, 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 HUrecorded Subdivision. However, the requirements for abatement of the public nUIsance as described in Section Thirteen 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. ;h 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 HUnrecorded s.$.ubdivision. However, the requirements for abatement of the public nuisance as described in Section Thirteen 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 Section Thirteen this Ordinance shall only apply when the County received!; a complaint. 4, ic The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the citizens of Collier Comity public and is likely to continue to aid in the concealment or commission of future Page 8 of 25 Words stnwk through are deleted and words underlined are added. 17C criminal acts if such accumulation is not abated. A report from the Collier County Sheriff's 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 public shall constitute sufficient evidence. However, the requirements for abatement of the public nuisance as described in Section Thirteen this Ordinance shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property. ~ 6. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public nuisance. 6, 7. The accumulation of weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in tfle.-unincorporated Collier County, which is not within a Recorded or Uunrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100) feet of the property line or lines of Recorded or Uunrecorded Subdivision(s). AMENDMENTS TO EXEMPTIONS SECTION Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION TWELVE: Exemptions 1. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eleven. this Ordinance, except for the accumulation of weeds. grass or similar non-protected overgrowth in excess of eil!;hteen (18) inches in heil!;ht located upon anv improved lot within thirty (30) feet of any residential structure up to any lot line. 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 Ete'/en. this Ordinance. Page 90f25 Words struclc trnoHgh are deleted and words underlined are added. 10 Non-residential structures located on improved properties with an Estates zoning desij(Dation shall be exempt from the thirty (30) foot mowing requirements of this Ordinance. 17C ;!- 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~ doc1arations under jllfrslfallt to Soction ElevoR. this Ordinance. ;h 2, The lands zoned Agricultural that are located outside of the Urban Boundary as described ill on the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations providod in SeotioR ElovoR. this Ordinance. 4, 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 SectioR ElovOR. 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 by 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 struok through are deleted and words underlined are added. details the abatement procedures for violations described in SeelieA EleveA 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: 17C'1 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'/eA, The Collier Countv 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, if no action is taken, the County will abate the violation by contracting for the lot to be mowed by a mowing contractor. A bill will then be sent to the lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars {$I OO.OOl 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 MaffiefMagistrate. 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 determmation by the Special MaffiefMagistrate for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien, Collier County may bring suit to foreclose the lien as set for in Chapter 173, Florida Statutes. Page 11 of25 Words struck tareligh are deleted and words underlined are added. 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. l?C Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone number (239) 4(g 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 abatc 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 sections Five, Eigllt, TeR, and BIeveR sf 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 eite<l 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 appropriatc 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 of25 Words straek throHgh are deleted and words underlined are added. l?C 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 Hj'--fe 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 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 Mas!efMagistrate within fifteen (15) days from the date of this notice of violation. Or: II. by posting a Notice in a substantially the following form in a clearly visible location on the citcd property, and at the Collier County Courthouse, or Immokalee Courthouse. The posted Notices must be in substantially the Page 13 of25 Words struek tlrrollgh are deleted and words underlined are added. following form: l?C POSTED Collier County Code Enforcement Department Notice of Violation of Section of Ordinance 2005- Order to Correct (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 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 Hp-te 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 Mas!efMagistrate within fifteen (15) days from the date of posting this n!'Jotice 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 GQne hundred ($100.00) dollars will also be assessed for each invoice processed Page 14 of25 Words strode throllgh are deleted and words underlined are added. 17C for the payment of said penalty. In addition, all cited property(s), may at the discretion of the County Manager or his designee, become subject to the county's mandatory lot mowing program provisions in SeotieR Nineteen. this Ordinance. c. If the property owner or his agent has not abated the identified nuisance as described in said notice within ten (10) days from the date of the "Notice of "YioIation, the County will A!lbate the condition and shall, through its employees, servants, agents, or contractors, be authorized to enter upon the property and take such steps as are reasonably required to A!lbate the nuisance. However, the County Manager, in his discretion may extend the time allowed for taking corrective action up to 180 days for natural disasters as determined by the State or Federal government. AMENDMENTS TO ASSESSMENT FOR ABATING NUISANCE SECTION Section Fourteen, "Assessment for Abating Nuisance," of Ordinance 05-44 is hereby amended to read as follows: SECTION FOURTEEN: Assessment for Abating Nuisance. I. After abatement by the County or its agent, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Manager or his/her designee. An invoice shall be mailed to the property owner(s) for the cost of abatement. The invoice shall also include an administrative fee of GQne-hundred ($ I 00.00) 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 Ffifty ($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 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 Mastor PageI50f25 Words struck through are deleted and words underlined are added. Mal!;istrate and rnay impose a lien against the property. The Special Master Magistrate, by determination order, shall assess such cost against such parcel. Said determination order shall: 17C 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 ($100.00) dollars for lien processing, or b. describe the land and shall include the penalty and initial administrative fee per parcel as mentioned in paragraph 2 of this section. Such determination eOrder shall constitute a lien, which shall run with the property until paid. The determination eOrder shall also specify that interest shall accrue on the unpaid balance beginning on the date the resolution Order is recorded at the rate of twelve (12) percent per annum. 4 .^. copy of the Resollltion approved by the Board of County Commissioners ..vill be accelfljlanied by a A legal notice of assessment of lien sllllstantially in the following fOrm shall be sent to the property owner. This Notice shall be substantially in the followinl!; form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN [Insert Property Owner's Name and Address] REF. INV.# FOLIO# LIEN NUMBER: LEGAL DESCRIPTION: DATE: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on [date] , 20 , order the abatement of a certain nuisance existing on the above property prohibited by Ordinance Wll4 2005- (as amended), and served a notice of violation upon you. The nuisance Page 16 of25 Words struck throllgh are deleted and words underlined are added. 17C IS: [describe the nuisance] You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a direct cost of$ , 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 Mal!;istrate when recorded. You may request a hearing before the Special Maoter 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 MasterMagistrate, 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 for the forth herein verbatim. 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other 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 tnrolfgh are deleted and words underlined are added. 17C 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 properly owner receiving the n!,!otice of "Yiolation pursuant to Section TAirteeR this ordinance may contest this determination by filing an application for a hearing before the Special Mastef Magistrate within fifteen (15) days from the date affixed on the n!,!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 Mastef Magistrate determines that the assessment IS fair, reasonable, and warranted, the assessment determination order shall be recorded forthwith. If the Special Mastef Magistrate determines that the charges are excessive or unwarranted, it shall direct the County ,'\dministrutor Manager to re-compute the charges and the Special Mastef 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 of the Callier CaW'll)' are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court, or before the Special Mastef Pagel80f25 Words stmek through are deleted and words underlined are added. 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. 17C Written Corrective Notices issued by County Investigators acting pursuant to 6f 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 Section ThirteeH this Ordinance, shall advise the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the notice shall be served upon the occupant if the property is occupied or physically posted on the property and sent by certified mail to the owner as his/her name appears on the records of the property appraiser. 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 190f25 Words struck through are deleted and words underlined are added. 17C SECTION NINETEEN Procedures for Mandatory Lot Mowing Program 1. Inclusion in mandatory lot mowing program. If a public nuisance IS determined to exist three or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program, as set forth below. 2. Exemption from lot mowing program. Individual property owners of record whose real property is included in the County's mandatory lot mowing program, 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 property is owned by the same property owner(s). 3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record. Notice to owner(s) of account balance requirements are is accomplished in this Section, and receipt Page 20 of25 Words stmek tl1rough are deleted and words underlined are added. 17C 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 thirty (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 MaGter Magistrate who shall impose a lien against the property. The Special Master Mal!;istrate 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 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 datc the resolution ordcr of the Special Magistrate is recorded at the statutory interest rate per annum. 5. Legal notice of assessment of lien. The Lcgal 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 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 Page 21 of 25 Words strueI: tlrroHgh are deleted and words underlined are added. 17C 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 Manter 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 determination issuance of an order by the Special Master Mal!;istrate, 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 Manter Magistrate, then the Secretary to the Special Manter Magistrate will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property. 6. Limitation on time to contest levy imposition of lien. Any person aggrieved by the action 0f 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 levying imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is Page 22 of 25 Words stnlel~ through are deleted and words underlined are added. 17C signed, will stay the recording of the lien. If, after expiration of the prepayment period payment expires and said payment is not received, A J! certified copy of the order will be recorded in the eOffice of the Clerk of the Circuit Court in Collier County. 8. Release oflien. 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 levyiRg imposing the lien has been as adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. 11. Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. AMENDMENTS TO PENAL TIES SECTION Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as follows: Page 23 of 25 Words strode tlrrough are deleted and words underlined are added. SECTION TWENTY: Penalties. 17C If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance llftieIe, such person upon an order by the Code Enforcement Board or Special Mas!ef Magistrate may be tined as authorized by the Ordinances establishing the Enforcement Board and Special Mas!ef Magistrate. Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall ge gHilty sf constitute a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Any person eonvicted of such offense, shall be guilty of a misdemeanor and shall be punished by a tine not to exceed Ffjve 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 Master 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 shall not affect the validity of the remaindering portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be Page 24 of25 Words stnwk through are deleted and words underlined are added. renumbered or re-Iettered 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 COUNTY, FLORIDA BY: BY: DONNA FIALA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney Page 25 of 25 Words stmek through are deleted and words underlined are added. 17C 17r: Account #068782 February 20,2009 Attn: Legals Naples Daily News 1075 Central Avenue Naples, Florida 34102 RE: An Ordinance Amending Collier County Ordinance No. 2005-44 Dear Legals: Please advertise the above referenced notice on Friday, February 27, 2009, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Polaski, Deputy Clerk P.O. #4500100805 NOTICE OF INTENT TO CONSIDER ORDINANCE 17C Notice is hereby given that on Tuesday, March 10, 2009, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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; AND FURTHER PROVIDING FOR A CONFLICT AND SEVERABILITY SECTION; AN INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION; AND AN EFFECTIVE DATE SECTION. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding; you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk 17C 17C Teresa L. Polaski To: Subject: legals@naplesnews.com Ordinance Amending County Ordinance 2005-44 Attachments: Amending Ordinance 2005-44.doc; AMEND ORD 2005-44.doc Legals, Please advertise the following on Friday, February 27, 2009. Thanks ~ Amending AMEND ORD jlnonce 2005-44.dl 005-44.doc (28 KE Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierelerk.eom) Teresa L. Polaski 17(; From: Sent: To: Subject: postmaster@collierclerk.com Friday, February 20, 2009 4:35 PM Teresa L. Polaski Delivery Status Notification (Relay) Attachments: ATT18077.txt; Ordinance Amending County Ordinance 2005-44 ;':""......1 ~ [2] A TT18077txt (2318) Ordi nonce \ending County Orc This is an automatically generated Delivery Status Notification. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews.com 1 Ordinance Amending County Ordinance 2005-44 Page I of1 Teresa L. Polaski From: Pagan, Emely [EPagan@Naplesnews.com] Sent: Monday, February 23,200910:33 AM To: Teresa L. Polaski Subject: RE: Ordinance Amending County Ordinance 2005-44 ok From: Teresa L. Polaski [mailto:Teresa.Polaski@coliierelerk.eom] Posted At: Friday, February 20, 2009 4:35 PM Posted To: Legals - NDN Conversation: Ordinance Amending County Ordinance 2005-44 Subject: Ordinance Amending County Ordinanee 2005-44 Legals, Please advertise the following on Friday, February 27, 2009. Thanks <<Amending Ordinance 2005-44.doc>> <<AMEND ORD 2005-44.doc>> Teresa L. Polaski, BMR Clerk III Clerk to the Board of County Commissioners Minutes and Records Department 239-252-8411 239-252-8408 fax (T eresa.Po laski@collierelerk.eom) Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2/23/2009 Teresa L. Polaski From: Sent: To: Subject: Attachments: !iI UAS71D.jpg (91 KB) Pagan, Emely [EPagan@Naplesnews.com] Monday, February 23, 2009 3:56 PM Teresa L. Polaski Ad Confirmation UAS71D.jpg Thank you Date Publication Account Number Ad Number Total Ad Cost for placing your ad. 02/23/09 NDN 744105 1780982 $436.82 1 "u..c NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 10. 2009. in the Boardroom. 3rd Floor. Admin'lStration Building. Collier County Government Center. 3301 East Tam1anll Trail. Naples. Florida. the Board of County CommissIoners will consider the enactment of a County Ordinance. The meeting will com- mence at 9:00 A.M. The title of the proposed Ordi- nance is as follows: 17,C AN ORDINANCE OF THE BOARD OF COUNlY COMMIS- SIONERS Of COLLIER COUNTY. FLORIDA. AMENDING ORDINANC,E NUMBER 05--44. WHICH REGULATES AND CONTROLS UTTER. WEEDS. AND EXOTICS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, BY PROVIDING FOR AMENDMENTS TO THE fOLLOW- ING SECTIONS; PURPOSE AND INTENT; DEFINITIONS; LITTER DECLARED TO BE A PUBLIC NUISANCE; DEC- LARATION OF PUBLIC NUISANCE; EXEMPTIONS; NO- TICE OF VIOLATION; ASSESSMENT FOR ABATING NUISANCE; ASSESSMENT RIGHT TO HEARINGS ON DECLARATION OF PUBLIC NUISANCE AND ASSESS- MENT; ENFORCEMENT PROCEDURES; IMMEDIATE CORRECTIVE ACTION; PROCEDURES FOR MANDATO- RY LOT MOWING PROGRAM; PENALTIES; AND FUR- THER PROVIDING FOR A CONFLICT AND SEVERABILI- TY SECTION; AN INCLUSION IN THE CODE OF LAWS AND ORDINANCES StCTlON; AND AN EfFECTIVE DATE SECTION. copies of the proposed Ordinance are on file with the Clerk to the Board and are aVailable for Inspec- tion. All interested parties are ',"vited to attend and be heard_ NOTE; All persons wishing to speak on any agenda item must register with the County adll1lnlstrator prior to presentation of the agenda 'Item to be ad- dressed, Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an orpanization or group is encouraged. If recognized by the Chairman. a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishin.9 to have written or graphic materi- als included If1 the Board agenda packets must submit said material a minimum of 3 weeks prior to the respect'lve public hearing. In any case. written malerials inter,d~ to be cons'rde-red by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hear- inu. All material used in presentations before the Board will become a permanent part of the record, Any person who decides to appeal a decision of the Board will need a record of the proceedings per- taining thereto and therefore. may need to ensure that a verbatim record of the, proceedings is made, which record includes the testimony ana evidence upon which tile appeal is based. If you are a person with a disability WilD needs any accommodation in order to participate In this pro- ceeding; you are entitled. at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management DeRartment, located at 3301 Tamlam'l Hall East. BUilding W. Naples, Florida 34112. (239) 252-B380. Assisted lis- tening devices for the hearing Impaired are avail- able in the County Commissioners' Office. BOARD OF COUNTY COMMISSiONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E. BROCK. CLERK By: Teresa Polaski, Deputy Clerk February 27 No.17S0982 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - - - - - - - - - I)?C " BCC/CODE ENFORCEMENT S CLUTE/FINANCE DEPT POB 413044 CLERK OF THE CIRCUIT COURT NAPLES FL 34101 REFERENCE: 068782 59562754 4500100805 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Susan Rogge, who on oath says that she serves as the Vice President of Finance of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed, Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next precedlng the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, PUBLISHED ON: 02/27 02/27 AD SPACE: FILED ON: 154.000 INCH 02/27/09 Signature of Affiant ~qr,JNtllJ'TTt~o.a....NCt . "!. ':. . ,\' '., ''--, h Sworn to and Subscribed before me this d rd day of ',::['(\o..I\..,,_h 20 ()q ~ 11'1--~~d';I'[L;' tiiWJI,f,I:1 ~;.:" if'; '~,~\ CommissIon DD 6504h .,..,Jlill ,.';'1 Explfes June 29. 2011," "" "::,('~~;,'- pcnr!~d TI~: 1~('V ral'! Illc,IJr3n'.8 e(l~ '. ~5 ,J,;J Personally known by me C .-,halllC ORIGINAL DOCUMENTS CHECKLIST & ROUTING d'C TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT Tii' THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE I'rint Oil pm" pap..:r. Attach to nriginal docum~I1L Ori~'.ilHlI dilcurn.:nls should he h:lI1d ddivcrl.'d [0 the Blla!d OnlJ.;c The completed muting slip and ('riginal dUUllm-'llh arc (0 he f(;fWardcd to the Board Ollie!.: l'nly llft~.r tht, B\)drd has takc:n aclipll olllhc itelll) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exc tion of the Chairman's 5i ature, draw a line throu routio lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5). Office Initials Date 1. C~ AJlni/J!S'j-tl-p:en 3\ IOj 01 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one ofthe addressees above, including Sue Filson, need to contact staff for additional or missing intonnation. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item. 2, 3, 4, 5. Sue Filson, Executive Manager Board of County Commissioners d5d.J '67 17~ Yes (Initial) N/A(Not A licable) 6, Minutes and Records Clerk of COurt'S Office Sf w ~ Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached EPr-t;b Number of Original Documents Attached I: Forms! County Fonns/ BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Phone Number Agenda Item Number I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by tbe Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attomey. This includes signature pages from ordinances, resotutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attomey's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date ha, been entered as the date ofBCC approval orthe document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriatc pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCe on 11 (enter date) and all changes made during the meeting have been incorpora d n the attached document, The Count Attorne 's Office bas reviewed the chan es, if a licable. 2. 3. 4. 5. 6. 17 C .._ 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; AND FURTHER PROVIDING FOR A CONFLICT AND SEVERABILITY SECTION; AN INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION; AND AN EFFECTIVE DATE SECTION. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the County by enacting and enforcement zoning regulations necessary for the protection ofthe 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 frorn the mowing requirement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Page I of25 Words strack through are deleted and words underlined are added. 17C , ;/ ,. ./ ' . 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 oo4e 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. 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 sirnilar growth on, or in close proximity to, residentially, commercially, or industrially-zoned land is detrimental to the health, safety, and welfare ofthe 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 GetIe 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 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 - Ito 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 of25 Words struck through are deleted and words underlined are added. 17C elevation and to pOlson 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. 3. CONSTRUCTION AND DEMOLOTION DEBRIS- means Ddiscarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site, The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; effective January I, 1997, except as provided in Section 403.707(12)0), FS., 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 and demolition debris with other types of solid waste will cause it to be classified 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 auriculiformis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck), Page 3 of 25 Words struck through are deleted and words underlined are added, 17C 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~ Rreal 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 and/or 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 unconsurned substances or wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse, debris, paper product (including newspapers and magazines), glass, metal, plastic or other containers, cloth, wood and wood products, sweepings, liquids (other than uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes, such as palm fronds, that have accumulated on public or Page 4 of25 Words struck tHrougH are deleted and words underlined are added, 17C private property as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase by natural growth rather than man-made. 9. MOWABLE LOT- a, Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights- of-way, alleys, and all easements 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. 10. PROHIBITED ACCUMULATION OF EXOTICS- Aany accumulation of Exotics, which is located on improved or unimproved property. II. 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 dumpster 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 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 Page 5 of 25 Words stmck threugh are deleted and words underlined are added. 17C 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, the subj ect 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 thr-eUgfl are deleted and words underlined are added, 17G I 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 SectioRs Six, SeveR, Eight, NiR6 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, "Declaration 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 .^.amiRistrator 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 welfare of adjacent or surrounding property. Page 7 of25 Words struck through are deleted and words underlined are added. 17G ,j 2. In the area zoned Estates, the accumulation of weeds, grass, or other similar non- protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared a public nuisance when located upon any improved lot within 30 feet of any residential structure UP to any lot line. Such improved mowable lots may reasonably be deemed to become fire hazards. :2-, .: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 uUrecorded Subdivision. However, the requirements for abatement of the public nUIsance as described in Seetion Thirteen 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 irnproved property located in a Recorded or uUmecorded s.S,ubdivision, However, the requirements for abatement of the public nuisance as described in Seetion Thirteen 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 Seetion Thirteen this Ordinance shall only apply when the County received!! a complaint. 4, 5, The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when such condition is located on any unimproved property in Collier County which is within five hundred (500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the commission of criminal acts against passers-by and the citizens of Collier COlHlty public and is likely to continue to aid in the concealment or commission of future Page 8 of 25 Words strude through are deleted and words underlined are added. 17C'\'(! 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 public shall constitute sufficient evidence, However, the requirements for abatement of the public nuisance as described in Section Tl1irteen this Ordinance shall only apply to that portion of the unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved Property, ~ 6. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved property within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public nuisance. &. 7. The accumulation of weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in the-unincorporated Collier County, which is not within a Recorded or Uunrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100) feet of the property line or lines of Recorded or Uunrecorded Subdivision(s). AMENDMENTS TO EXEMPTIONS SECTION Section Twelve, "Exemptions," of Ordinance Number 05-44 is hereby amended to read as follows: SECTION TWELVE: Exemptions 1. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance declarations provided in Seetien Eleyen, this Ordinance, except for the accumulation of weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height located upon any improved lot within thirty (30) feet of any residential structure UP to anv lot line. ~. 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 Seetien Eleyen. this Ordinance. Page 9 of 25 Words struek tl1reugl1 are deleted and words underlined are added. 17C 1, 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. ;!- 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 pumulHlt to Section Ele'/en. this Ordinance. ~.i, The lands zoned Agricultural that are located outside of the Urban Boundary as described in on the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public nuisance declarations provided in Section Eloven. this Ordinance. 'h 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 Section Eloven. 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 by 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. I. Annual published notice. Annually, the Coun1y Manager, or his designee(s) will publish, or cause to be published, a public Notice, in substantially the following form, which Page 10 of 25 Words struck througH are deleted and words underlined are added. 17C details 1he abatement procedures for violations described in Se.tieR Eleyen of this Ordinance. This Notice will be published in a newspaper of general circulation for a minimum of four Sundays beginning wi1h 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- SaetieR HeyeR, 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, a11he County's option, be mailed to the property owner(s) or posted on the 101. 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 1he Immokalee Courthouse at 106 1st Slreet S. Immokalee FL, 34142, as applicable. A pos1ed 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 1he violation by contracting for the lot to be mowed by a mowing contractor. A bill will1hen be sent to 1he lot's owner of record for the mowing fees plus an administrative fee of one hundred dollars ($1 OO.OO}. 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 ins1i1uted by the County. The owner mus1 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 1wenty-day period a Determina1ion Order assessing a lien will be imposed by the Special MastefMagistra1e. If certified and recorded, 1his eQrder may constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be paid wi1hout further costs, within twenty (20) days from the date of determination by the Special MastefMagistra1e for Collier County. If the lien remains unpaid after one (1) year from the date of 1he recording of the lien, Collier County may bring suit to foreclose the lien as se1 for in Chapter 173, Florida Slatutes. Page II of25 Words slmelc through are deleted and words underlined are added. 17C All property owners are requested to make arrangements for the proper maintenance of their land as the practice of sending mailed Notices of Viola1ion to owners, in particular absentee owners, will be at the option of 1he 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 wiU 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) 4m 252-2440; loca1ed at 2800 North Horseshoe Drive, Naples, FL 34104. a. Annual publication of 1his Notice is intended to provide continuing constructive notice 10 aU affected property owners in Collier County of the procedures for abatement of 1he specified violations, and of 1he 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 enforcemen1 action brought under this article. 2. Whenever the County Manager or his designee de1ermines that a public nuisance exists as described in Se"tieRs Five, Bight, TeR, a<H1 BleyeR ef this Ordinanee, he will cause one or more of 1he following forms of notice of violation to be provided to the record owner or owners of said property informing 1he owner(s) of said property of the existence of the nuisance and the corresponding viola1ions(s). The form and manner of the notice provided will be determined by 1he Direc10r of Code Enforcemen1 and will depend on the number of violations eite6 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 viola10rs as set forth in the corresponding procedures below. Posted no1ices are generally considered appropriate for repeat violations at the same location or for the same violator(s) especiaUy when there is a pattern of certified mail sent to property owners who are not Collier County residen1s being re1urned unclaimed or being refused. a. A No1ice of Violation may be served on a violator, i.e., the record owner(s) of the cited property, either by: I. Certified mail, return receipt requested, notifying the record owner(s) of the cited viola1ions via a Notice in substantially the following form: Page 12 of25 Words struck tHrough are deleted and words underlined are added. 17C Code Enforcement Department Notice of Violation and Order to Correc1 To: Date: Ordinance: Violation/Case No., Property: Folio#: Dear Property Owner: According to the official records of this County, you are the owner of1he above described property. As such, you are hereby notified that the Code Enforcement Director, on [date] determined thaI a public nuisance exists on your property pursuant to County Ordinance No. 2005- (as amended), caused by: [describe violation] You are further notified thaI 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, 1he 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 administra1ive fee of ")He 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 OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE. You may contest this determination of the existence of a public nuisance by applying in writing, for a hearing before the Special MastefMagistrate within fifteen (15) days from the date of this notice of violation. Or: 11. by posting a Notice in " 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 substan1ially the Page 13 of 25 Words stmek through are deleted and words underlined are added. 17C 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] Dale 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 wi1hin 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, 1he County may act 10 cause the nuisance to be aba1ed, FAILURE TO ABATE THIS NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST THE LAND ON WmCH 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 UIT-ffi two hundred dollars ($200.00), all of which may be levied as an assessment against your property(s). You may contes1 this Notice of "Yiolation and determination of 1he existence of a public nuisance by applying in writing, for a hearing before the Special Mas!efMagistra1e within fifteen (IS) days from the date of posting this H./'!.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 viola1ions may have been timely abated, a penalty of fifty ($50.00) dollars will be charged for each notice received thereafter. An administrative fee of GQne hundred ($100.00) dollars will also be assessed for each invoice processed Page 14 of25 Words stmc1c tHrough are deleted and words underlined are added, 17C for the payment of said penalty. In addition, all cited property(s), may at the discretion of the County Manager or his designee, become subjec1 to the county's manda10ry lot mowing program provisions in SeetieR }liReleen. this Ordinance. c. If the property owner or his agent has not abated the identified nuisance as described in said notice within ten (l0) days trom the date of the RJ'lotice of "Yiolation, the County will Ai!bate the condition and shall, through its employees, servants, agents, or con1ractors, be authorized 10 enter upon the property and take such steps as are reasonably required to Ai!bate the nuisance. However, the County Manager, in his discretion may extend 1he time allowed for taking corrective action up 10 180 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 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 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 Ffifty ($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 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 Page 15 of25 Words stmelc tlrreugh are deleted and words underlined are added. 17C 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 1 of this section, plus an additional administrative fee of GQne hundred ($100,00) dollars for lien processing, or b. describe the land and shall include the penalty and initial administrative fee per parcel as mentioned in paragraph 2 of this section, Such determination eOrder shall constitute a lien, which shall run with the property until paid, The determination eOrder shall also specify that interest shall accrue on the unpaid balance beginning on the date the resolution Order is recorded at the rate of twelve (12) percent per annum. 4 ,h. copy of the Resolution l!flprovea by the Board of County Commissionom \vill be accoHlflaniea by a A legal notice of assessment of lien substantially in the following form shall be sent to the property owner. This Notice shall be substantially in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN (Insert Property Owner's Name and Address] DATE: REF. INV,# FOLIO# LEGAL DESCRIPTION: LIEN NUMBER: You, as the owner of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hercby 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 ;w{)4 2005- (as amended), and served a notice of violation upon you, The nuisance Page 16 of25 Words stmck tMough are deleted and words underlined are added. 17C 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 +1wo- 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+1wo Hundred ($200,00) dollars, Such cost, by determination order of a Special Master Magistrate for Collier County, Florida, will becorne 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 MaoterMagistrate, 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 f-or the forth herein verbatim, 6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with the lien for all state, county, district and municipal taxes, superior in dignity to all other 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 sImek through are deleted and words underlined are added. 17C 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 Rigbt to Hearings on Declaration of Public Nuisance and Assessment. 1. Any property owner receiving 1he nNotice of "Yiolation pursuant to Seotien Thirteen this ordinance may contes1 this determination by filing an application for a hearing before the Special Mll5tef Magistrate within fifteen (15) days from 1he dale affixed on the n~otice of "Violation, dependen1 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 ordinanee, and such owner remains liable for violations thereof regardless of any contract or agreemen1 with any third party regarding such property. 3. If, after said hearing, the Special Mll5tef Magistrate determines that the assessment IS fair, reasonable, and warranted, the assessment determination order shall be recorded forthwith, If the Special Mll5tef Magistrate determines that 1he charges are excessive or unwarranted, it shall direct the County ,^.aministrator Manager to re-compu1e 1he charges and 1he Special Mll5tef 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 Countv Investigators of the Cellier Count)' are hereby empowered to issue Written Corrective Notices and/or notices to appear in County court, or before the Special Mll5tef Page 18 of25 Words struck tRroUgH are deleted and words underlined are added. 17C Magistrate 10 any person violating the provisions of this Ordinance. All such notices issued, shall be maintained by the issuing authority for public inspections, during normal office hours. Written Corrective Notices issued by County Inves1igators acting pursuant to ef this eOrdinance shall state the date observed, nature of the offense committed, corrective measures to be taken and 1he 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 10 fully comply wi1h 1he corrective notices so ordered and/or to comply within the lime 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 Section Thirteen this Ordinance, shall advise the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the notice shall be served upon the occupant if the property is occupied or physically posted on the property and sent by certified mail to the owner as his/her name appears on the records of the property appraiser. 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 through are deleted and words underlined are added, 17C SECTION NINETEEN 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, 2001, on a particular lot or parcel of unimproved property while under the same ownership, then at the discretion of the County Manager, or his designee, such property will be placed in the Mandatory Lot Mowing Program, as set forth below, 2, Exemption from lot mowing program. Individual property owners of record whose real property is included in the County's mandatory lot mowing program, 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 oo4e 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 exernption would be revoked by a date certain, and the property would be placed in the Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long as the property is owned by the same property owner(s). 3. Mandatory Lot Mowing Invoice Billing. The County Manager, or his designee, will mail an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for mowing, plus an administrative fee. The invoice will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll address of record, Notice to owner(s) of account balance requirements are is accomplished in this Section, and receipt Page 20 of25 Words stmek through are deleted and words underlined are added. 17C 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 thirty (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 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 resolutioH order of the Special Magistrate is recorded at the statutory interest rate per annum. 5. Legal notice of assessment of lien. The Legal Notice of Assessment of Lien will substantially be in the following form: BOARD OF COUNTY COMMISSIONERS THROUGH IT'S CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA TO: [Insert Property Owner's Name and Address] REFERENCE INVOICE#: VIOLATION FOLIO #: VIOLATION 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 Page 21 of25 Words struck throllgli are deleted and words underlined are added. 17C 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 fora 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 determiHatioH 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 Maater Magistrate, then the Secretary to the Special Maater Magistrate will automatically and without further direction record both the Order and Notice of Assessment of Lien in the public records of Collier County. Recording said determination order will act to impose a lien on the violator's property, 6. Limitation on time to contest levy imposition of lien. Any person aggrieved by the actioH of tRO 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 levying imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is Page 22 of25 Words stmck tRreugh are deleted and words underlined are added, 17C signed, will stay the recording of the lien. If, after expiration of the prepayment period pa)ment expires llIla Baia payment is not received, A f! 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 ofproperty(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 leyying imposing the lien has been as adopted, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby. 11. Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida. AMENDMENTS TO PENALTIES SECTION Section Twenty, "Penalties," of Ordinance 05-44 is hereby amended to read as follows: Page 23 of 25 Words stmck through are deleted and words underlined are added. 17C SECTION TWENTY: Penalties. If any person fails or refuses to obey or comply with or violates any of the provisions of this Ordinance lIftiele, such person upon an order by the Code Enforcemen1 Board or Special Mastef Magistrate may be fined as authorized by the Ordinances establishing the Enforcement Board and Special Mastef Magistrate. Each violation or non-compliance shall be considered a separa1e and distinct offense. Further, each day of continued violation or non-compliance shall be guilty ef constitu1e a separate offense. Nothing herein con1ained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to preven1 or remedy any violation or noncomplianee. Any person convicted of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Ffive Hhundred ($500.00) dollars or by imprisonment not to exceed sixty (60) days in the County jail, or both, in 1he discretion of the Court. Further, nothing is this Sec1ion shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board, or Special Master Magistrate proceeding, established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Sec1ion 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 shall not affect the validity of the remaindering portion. INCLUSION IN THE CODE OF LAWS AND ORDINANCES SECTION The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the ordinance may be Page 24 of25 Words stmek thrOUgH are deleted and words underlined are added, 17C renumbered or re-Iettered 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 ::!&dcR','<&-ERK BY: BOARD OF COUNTY COMMISSIONERS COLLlE'!lJ:,TY. FLORIDA _ BY: . ~, d..-'t&. DONNA FIALA, CHAIRMAN "t~ Is .tllnltllt1> C'Ji f '" I Approved as to form and legal sufficiency: ~711? Ll Scott R, Teach Deputy County Attorney , Page 25 of 25 Words stmck thnmgll are deleted and words underlined are added. 17C STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2009-08 Which was adopted by the Board of County Commissioners on the lOth day of March, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of March, 2009, DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners. Ctuu- ~tO.L By: Ann Jennej ohn,. Deputy Clerk