Ordinance 98-062 R 8
I~F.~? ~'1' RD ,nun E 98-
O r ANCE CREATED TO MANAGE , ECOV, RY.
COLLIER COUNq'Y. FLORIDA,; PROVIDING FOR THE PURPOSE AND INTENT
OF THE ORDINANCE; PROVIDING FOR JURISDICTION; PROVIDING FOR
DEFINITIONS, PROVIDING FOR PRIORITIES FOR POST-DISASTER
REDEVELOPMENT; PROVIDING FOR ESSENTIAL SERVICES AND
FACILITIES RESTORATION; PROVIDING FOR DEBRIS CLEARANCE.
REMOVAL AND DISPOSAL STRATEGIES; PROVIDING FOR DETERMINATION
OF DAMAGE~ PROVIDING FOR THE IMPLEMENTATION OF AN INITIAL
BUILDING MORATORIUM AND ESTABLISHING RELATED MORATORIA
PERTAINING TO BUILDING PERMITS, DEVELOPMENT ORDERS AND SITE
PLANS, PROVIDING FOR EMERGENCY REPAIRS; PROVIDING FOR AN
EMERGENCY PERMITTING SYSTEM; PROVIDING FOR AN EMERGENCY
REVIEW BOARD; PROVIDING POLICIES FOR ECONOMIC REDEVELOPMENT;
PROVIDING POLICIES FOR REDEVELOPMENT OF HIGH HAZARD AREAS;
PROVIDING GUIDELINES FOR ACQUIRING DAMAGED PROPERTY;
PROVIDING FOR AUTHORITY; PROVIDING FOR PENALTIES; PROVIDING
FOR CONFLICT AND SEVERABILITY PROVISIONS; PROVIDING FOR
INCLUSION IN Tile COLLIER COUNTY LAND DEVELOPMENT CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Southwest Florida and the Collier County area are vulnerable to a
variety of hazards which may result in major or catastrophic disasters causing substantial
injury or harm to the population as well as substantial damage to or loss of propclty; and
WHEREAS. safeguarding the life and property of its citizens is an innate
responsibility or the Collier County Board of County Commissioners, and
WHEREAS. Chapter 252, Florida Statutes, confers upon the Board of County
Commissioners of Collier County the authority to declare a state of local emergency and
take all actions necessary to ensure the safety and well being of its residents, visitors and
their property during disasters caused by these hazards; and
WHEREAS, Chapter 163.3177(6)(g), Florida Statutes. requires an element to
the local government comprehensive plan for coastal management; and
WHEREAS, Section 163.3178(2)(h), Florida Statutes. affords discretion to the
Board of County Commissioners to apply mitigation and redevelopment policies to
designated high-hazard coastal areas; and
WI-tEREAS, Section 163.3178(8), Florida Statutes, requires that Collier County
identify and prloritize coastal properties for acquisition according to criteria which
include, amongst others, recognition o f hazard mitigation; and ~/] t: , ', !., '.! !; ;:"!: '? '1'1Vl
L{ :~ ~!d 6~ tlf!f
i '. '. '
WHEREAS, the 1995 Florida Land Plan: (the State Land Development Plan) - provides
goals, objectives and policies in Priority Issue VI - Emergency Management - to reduce
vulnerability and exposure of the public and public facilities to natural and technological
disasters; and
WHEREAS, the Strategic Regional Policy Plan of the Southwest Florida
Regional Planning Council proposes goals and policies, which would require local
governments to have effective risk reduction and recovery components in their
emergency management program; and
WHEREAS, the Board or County Commissioners of Collier County Florida
adopted the Growlh Management Plan by Collier County Ordinance Number 89-05 on
January 10, 1989; and
WHEREAS, the Collier Growth Management Plan - Conservation and Coastal
Management Element, Objective 13.2 requires Collier County to provide for planning
and decision-making to guide redevelopment during the response and recovery period
following major etnergencies, such as tropical storms and hurricanes; and
WHEREAS, the Collier Growlh Management Plan - Conservation and Coastal
Management Element, Objective 13.3 requires that the County establish and maintain
post-disaster institutions and procedures to guide County actions following a natural or
technological disaster; and
WHEREAS, the Collier Growzh Management Plan, Conservation and Coastal
Management Element, Policy 13.3.7 requires that the Post-Disaster Ordinance will
provide for enactment of a temporary moratorium on rebuilding not immediately needed
for the public health, safety, and welfare to allow repairs to water, power, fire, police,
and medical facilities; debris removal; stabilization or removal of structures in danger of
collapsing; and minimal repairs to make dwellings habitable; and
WFIEREAS, the Collier Growlh Management Plan, Conservation and Coastal
Management Element, Policy 13.3.7 requires that the Post-Disaster Ordinance
implement the county buildback policy; and
WHEREAS, Section 125.01(t), Florida Statutes, provides the authority for the
Board of County Commissioners of Collier County, Florida to adopt ordinances
necessary for the exercise of its powers and to prescribe fines and penalties; and
2
WFFEREAS, the Board or County Commissioners or Collier County, Florida
adopted Ordinance 93-20 on April 27, 1993, establishing the Collier County Disaster
Recovery Task Force,
NOW, THEREFORE, BE IT ORDAINTED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
N
It is the intent of the County to identify opportunities to mitigate future damages
through the management of recovery and reconstruction, To further this intent, the
County will make every effort to develop its capacity to identify and coordinate various
post-disaster recovery and reconstruction resources while at the same time ensuring
maximum local control over the recovery and reconstruction process,
Following a major or catastrophic disaster, sufficient time must be provided to
conduct damage assessments, classify and categorize individual structure damage, and
evaluate the effectiveness and enforcement of the existing building code. It is further the
intent of the Codnty to allow rebuilding and reconstruction in an orderly manner by
controlling the issuance of building permits, development orders and site plans in order
to manage the location, timing, and sequence of reconstruction and repair.
I W · N
This Ordinance applies to all areas within Collier County, Florida under the
jurisdiction of the Collier County Board of County Commissioners·
· E TIN
The following terms and definitions apply for the purposes ofthls Ordinance:
I. ~ means the latest total assessment of all improvements on st
parcel of land as recorded in the Collier County Property Appraiser's file before
the structure was damaged.
2. ' .... is defined as an event that overwhelms local response
capabilities and will require mutual aid, state response, federal disaster relief
programs, and activation of the state and federal disaster response plans.
3. "W '1 inn i I f lli oun "means the Director of Building
Review and Permitting, or his/her designee, who is hereby designated by the
Board of County Commissioners of Collier County, Florida to implement,
administer and enforce the building permit moratorium provisions of this
Ordinance.
e 4. " rr ul n r f r w i "means the following:
a. For one and two family dwellings - Density, flood plain management, building
code, Land Development Code, and growlh management requirements, site
location, density and parking requirements.
b. For multi-family dwellings - density, flood plain management, building code,
Land Development Code, growth management, parking and site location
requirements.
c. For commercial developments - Land Development Code, site location,
density, parking, flood plain management, building code and growth
management requirements.
5. " , means a systematic procedure for evaluating damage to
public and private property. based on current repiacement cost. The assessment
may be used to determine if the damaged area can qualify for federal or state
disaster assistance.
6. ~ means a structure that is a total loss or damaged to such
an extent that repairs are not technically or economically feasible. The indicator
for this category is if the cost to repair exceeds fifty percent (50%) of the
replacement cost at the time of damage or destruction.
7. "~¢]~a~xt_.Qf.~].~' means any order, permit, determination, or action
granting, denying, or granting with conditions an application for any final
development order, building permit, temporary use permit, temporary
construction and development permit, well permit, spot survey, electrical permit,
plumbing permit, occupational license, boat-dock permit, septic tank permit,
right-of-way permit, blasting permit, excavation permit, construction approval for
infrastructure (including water. sewer, grading, paving) development of regional
impact ('DR]) development order, zoning ordinance amendment, comprehensive
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plan amendment. flood variance, coastal construction control line variance,
vegetation removal permits, agricultural clearing permits, site development plan
approval. subdivision approval (including plats, plans, variances and
amendments), rezoning, PUD amendment, certification. conditional use, variance,
or any other official action of Collier County having the effect of permitting
development as defined in the Collier County Land Development Code.
8 "Local D~mage AsseSSment Team" means a group of individuals designated by
the local jurisdiction to perform damage assessments according to State and
Federal requirements.
9. "Ma_ior Disaster" is defined as an event that may require mutual aid, State
response assistance and Federal disaster reliefprograms.
10. "Major Dama[zed Str~cture" means a structure that can be made habitable with
extensive repairs. Damage may include foundation, roof structure, and major
structural components. The indicator for this category is if the cost to repair is
greater th~ln twenty percent (20%) and up to and including fit~y percent (50%) of
the replacement cost at the time of damage.
l 1. "Minor Disaster" means a disaster that is likely to be within the response
capabilities of local government and to result in only a minimal need for State or
Federal assistance.
12. "Minor D~maged Structure" means a structure that can be made habitable in a
short period or time with minimal repairs. Damages may include doors,
windows, floors, roofs, central air conditionors, and other minor structural
damage. The indicator for this category is if the cost to repair is twenty percent
(20%) or less than the replacement cost at the time ordamage.
13. "Recovery_ Task Force" means a group or officials designated by Ordinance 93-
20 for the effectualion of its purposes.
14. "Replacement Cost" means the actual cost to repair, reconstruct, rebuild or
replace a damaged structure. It will not include the following parts of a structure
or items not considered a permanent part of the structure: building plans,
surveys, permits, sidewalks, pools, screens, sheds, gazebos, fences, furniture and
carpeting. For purposes of this Ordinance, the replacement cost will be
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compared to the structure's replacement value to determine the percent of the
structural damage.
15. "Replacement Value" ora structure means the market building value contained in
the Collier County Property Appraiser's File multiplied by one of the rollowing
factors:
a. 120% in a major disaster, or
b. 150% in a catastrophic disaster.
The structure's owner can opt to establish replacement value by hiring a State
licensed contractor to make such determination rather than use the formula stated
in this definition.
16. "Structure" means anything constructed or erected which requires a fixed
location on the ground, or in the ground, or attached to something having a fixed
location on or in the ground.
SECTION FOUR: RECOVERY TASK FORCE
!. The Recovery Task Force established by Ordinance 93-20 will meet on a
continuing and regularly scheduled basis to discuss its specific roles and
responsibilities in accordance with this Ordinance, and relative issues associated
with recovery from a major or catastrophic disaster.
~ECTION F! .VE: POST-DISASTER REDEVELOpMgNT PRIORITIES
The following priority sequence will govern community rebuilding and
redevelopment efforts:
1. Re-establishing services that meet the physical and safety needs of the community
to include: water, food. ice; medical care; emergency access; continuity of
governmental operations; communications; security of residents and possessions
from harm; health, and temporary housing.
2. Re-establishing infrastructure necessary for community reconstruction such as:
electrical distribution systems', potable water and sanitary sewer service; restoring
medical and health care; rebuilding damaged stormwater and transportation
facilities; and housing facilities.
3. Restoring the community's economic base, as defined by the Collier County
Growth Management Plan or accepted econometric principles and practices.
4. Improving the community's ability to withstand the effects of Future major or
catastrophic disasters.
SECT(ON S~×: ESSENTIAL SERVICE AND FAC~
PRIOPdTIES.
O l. Priorities for power and communications restoration will be in accordance with
existing protocols established by the individual utilities. All protocols are
intended to emphasize health, safety and essential community services as
priorities.
2. The following procedures will govern water service restoration:
a. Stem the flow of major leak areas.
b. Identify highly damaged areas.
c. Assess and provide ser~cc to meet critical customer needs such as
emergency response and recovery facilities, hospitals, nursing homes,
emergency public shelters, kidney dialysis patient facilitlcs, and other
identified emergency response facilities
d. Establish emergency water sites as necessary.
e. Establish priorities and repair damaged facilities in the following order: water
treatment plants, trunk mains, distribution mains and service connections.
f. Repressurlze water system as necessary.
g. Establish water potability.
3. The following procedures will govern wastewater service restoration:
a. Assess damages to wastewater system such as wastewater treatment plants,
lit~ stations, and electrical support systems. This also includes evaluating the
need to take liR stations off- line in flooded, evacuated areas to avoid damage
to property when power is restored.
b. Closely coordinate recovery operations in determining and replacing any
damages to wastewater treatment plants within Collier County.
c. Determine need and provide emergency service to emergency response and
recovery facilities and hospitals.
d. Repair damaged facilities in the following sequence: I) treatment plants; 2)
force mains; and 3) li~ stations starting with those closest to the treatment
plants.
e. Re-establish wastewater service to franchise areas as power and water service
are restored.
· .
1. The rollowing policies will govern emergency debris clearance, removal and
disposal strategies:
a. Clearing debris from roads and streets will be guided by the following priority
sequence:
i) Emergency access to aid search and rescue operations.
2) Major arterial roadways linking Collier County to intercounty traffic.
3) Major arterial roadways providing access to designated responsdrecovcry
centers, airports, publidprivatc utility companies providing water and
wastewater service and entry roads to the County's designated solid
waste disposal facilities.
4) Major arterial roadways providing access to roadways cam/ing
intracounty traffic.
5) Roadways providing access to designated staging areas and distribution
centers supporting disaster reliefefforts.
6) Roadways providing access to major commercial activity centers.
7) Minor arterial roadways under the County's maintenance responsibility.
8) Collector roadways under the County's maintenance responsibility.
9) Other roadways under the County's maintenance responsibility.
2. Once road clearance operations supporting search and rescue operations, clearing
intercounty roadways, and providing access to designated response/recovery
centers are completed, debris clearance to provide access will be guided by the
following priority sequence:
a. Area medical facilities with emergency rooms, areas designated as field
e medical service, fire district and law enforcement stations.
b. Facilities designated as centers for emergency response operations,
emergency medical service, fire district and law enforcement stations.
c. Areas of the County with minor damage.
d. Areas of the County with major damage.
e. Areas of the County with catastrophic damage.
3. Debris will be separated to avoid mixing hazardous materials and hazardous
waste with other types of debris.
4. Agencies or organizations with whom the County contracts to clear, remove and
dispose of'debris will follow the following guidelines:
a. Debris collection and removal procedures from residential and commercial
areas in the following sequence: i) - raw garbage; 2) - rubbish; 3) - yard
waste; and 4) - construction/demolition debris. Debris will be separated into
these four general priority classes. All County residents and business entities
will be instructed to separate debris according to the above categories and
will be notified of the established schedule for picking up these four general
debris categories,
b. Storage areas will be operational within seven to ten days a~er the disaster to
separate the debris that does not fall under the residential and commercial
property programs.
c. Open pit burning. burning by incineration, mulching or chipping horticultural
debris. hauling mulched or chipped debris out of the County; disposal at
approved solid waste sites; or other temporary locations as may be approved
by the County; and, debris refuse and recycling will be acceptable methods of
debris disposal, provided that these methods meet all applicable Rules and
Regulations established by the United States Environmental Protection
9
Agency and the Florida Department of Environmental Protection established
rot such operations.
}]F~ ' R T N M
IN A -R
!. i ' The primary task of the local damage assessment
e team is to identify structures which have been damaged as a result of the disaster.
The County damage assessment team will catalogue and report to the Chief
Building Official those structures which have: (!) been destroyed; (2) received
major damage; and (3) received minor damage. The Chief Building Official will
then, as may be necessary, inspect the damaged structures and place each
structure in one of the damage categories provided for by this Ordinance. The
assessment will also serve as a basis for determining if Federal and State disaster
declaration are warranted.
2. u , il lic · Structures which have been damaged by natural or
manmade disasters to the extent that the cost of their reconstruction or repair
exceed fifty percent (50%) of the replacement value of the structure may be
reconstructed, but in accordance with the legally documented actual use, density,
size, style and type of construction including square footage existing at the time
of destruction. thereby allowing such structures to be rebuilt or replaced to the
size, style. and type of their original construction, including their original square
footage; provided, however, that the affected structure, as rebuilt or replaced,
complies with all applicable Federal and State regulations and local regulations
which do not preclude reconstruction otherwise intended by this Policy.
a. In accordance with this Policy,
1) Structures damaged up to and including fifty percent (50%) of their
replacement value at the time of disaster can be rebuilt to their original
conditions, with repair work subject to current building and life safety
codes.
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2) Structures damaged by Ihe disaster by more than fifty percent (50%) of
their replacement value at the time of disaster can be rebuilt to their
original square footage and density, provided that they comply with:
a) Federal requirements for elevation above the 100-year flood level;
b) Collier County Building Code requirements for floodproofing;
ic) Current building and life safety codes;
d) Collier County and State of Florida Department of Environmental
Protection Coastal Construction Control Line regulations;
e) Applicable disability access regulations of the Americans with
Disability Act (ADA); and
t') Any required Collier County zoning or other development
regulations with lhe exception of existing density or intensity
requirements established, unless compliance with such zoning or
other development regulations would preclude reconstruction
' otherwise intended by this Buildback Policy as determined by the
Emergency Review Board established heroin.
b. To minimize the need for individual variances or compliance determinations
prior to reconstruction, the regulations of Collier County Land Development
Code affecting setbacks, parking, buffering and open space may be modified.
The Emergency Review Board may require documentation as to the actual
uses, densities, and intensities existing prior to the disaster event and at the
time of the original construction through such means as photographs,
diagrams, plans, affidavits, and permits prior to authorizing modifications to
the above requirements. These requirements may be modified as follows:
1) Front, rear, side, or waterbody setbacks may be modified to permit
the reconstruction or existing structures that are nonconforming with
reprd to I specific setback so long M:
a) The reconstruction will not result in an increase in the height of
the structure as defined by the Land Development Code; and
b) The reconstruction wilt not result in a ~Jrther diminution of the
setback. The Emergency Review Board may approve bay
windows, chimneys and similar architectural features that may
encroach further into the setback provided the encroachment does
not protrude beyond the existing overhang of the building.
2) Front, rear, side, or waterbody setbacks may be modified to permit
the construction of a handicapped access appurtenance to any
reconstruction.
3) Front, rear, side, or waterbody setbacks may be modified to allow the
replacement of stairs or decking that provides access into any
reconstructed dwelling unit.
4) Front, rear, side, or waterbody setbacks may be modified to leghimize
minor existing encroachments in setbacks discovered at the time of
reconstruction.
5) Buildings or structures that are not in compliance with current
setback regulations and which can be proven to have been permitted
' prior to the adoption of such regulations shall be considered legally
non-conforming and may also be reviewed by the Emergency Review
Board under this Section.
6) A diminution of the front yard setbacks on a collector or arterial
roadway shall be consistent with future road widening requirements.
c. The Emergency Review Board is authorized to modify the parking
requirements for non-residential uses as established by the Collier County
Land Development Code. In no instance shall the parking requirements be
modified where the reconstruction involves the increase of density or
intensity of use. Such requirements may be modified under the following
circumstances:
1) To improve ingress and egress to the site in accordance with the County
Access Management Plan.
2) To eliminate or reduce the instances where conditions require that parked
vehicles back out onto the public streets.
3) To allow for the provision of handicapped parking spaces in accordanc~
with Division 2.3 of the Collier County Land Development Code.
:12
d. The Emergency Review Board is authorized to modify the buffering or open
space requirements or the Land Development Code when such modification
and reconstruction is authorized in Section 8.B.4 hereof.
i) To accommodate modifications to existing parking or additional parking.
2) To accommodate changes as a result of reconstruction.
In no instance shall buffering or open space areas be eliminated.
e. Damaged structures may not be reconstructed at a more intense use or higher
density than originally permitted by the Growth Management Plan and Land
Development Code. No redevelopmeat at a higher density or more intense
use will be permitted unless appropriate zoning, development review, building
permit and other applicable land development approvals are granted through
normal processes as set forth in the Land Development Code.
3. ~ The Board of'County Commissioners may, pursuant to Chapter 252,
Florida Statutes, declare a moratorium under the following conditions in order to
prioritize 'the repair and reconstruction of damaged critical public facilities
immediately needed for public health, safety and welfare purposes.
a. nil Buidin M ium
1) Declaration of an Initial Building Moratorium. An initial building
moratorium may be declared when one or more of the following actions
or findings occur:
a) The County is declared a disaster area by either the Governor of the
State of Florida or the President of the United States;
b) One hundred (I00) or more structures have received major damage or
have been destroyed as determined by the ChlerBuildlng O~cial;
c) A finding has been made by the Board of County Commissioners that
a state of. local emergency exists in accordance with Chapter 252 of
the Florida Statutes; or
d) The County is unable to maintain minimum acceptable levels of
service expected during non-emergency situations as provided for by
the Capital Improvement Element of. the Growth Management Plan.
13
2) Duration. The initial building moratorium will remain in effect for up to
seventy-two (72) hours. No building permits will be issued during this
time period. After expiration of this initial building moratorium, the
following moratorium may become effective upon declaration by the
Collier County Board of County Commissioners. Said moratorium may
cover the entire unincorporated area of the county or any part thereof.
b. r' No building permit will be issued for at
least thirty (30) days Following the expiration of the initial building
moratorium for the replacement of any structure which has been destroyed.
When a building permit is issued, structures damaged can be rebuilt in
accordance with the Buildback Policy set forth hereln.
c. M ' r m d t ttar M r r' No building permit for repairs of a
major damaged structure will be issued for at least ten (I0) days following
the expiration of the initial building moratorium.
d. i ° u r ' No building permits for the repair of
minor damaged structures will be issued for at least four (4) days following
the expiration of the initial building moratorium.
e. w vl n r r'
No building permit for new construction or reconstruction unrelated to
rebuilding or repairing structures damaged by the disaster will be accepted
nor building permits will be issued For at least thirty (30) days following the
expiration or the initial building moratorium so that damage may be assessed
and repairs be made. The Disaster Recovery Task Force will determine and
advise the Board or County Commissioners whether a new development
moratorium is required based upon the results of damage assessment and
recommendations from the Chief Building Off~clal.
f. i ~ r' ' '
i) All building permits that were issued prior to the disaster will be
suspended for a minimum period of thirty (30) days following the
expiration of the initial building moratorium, unless the Chief Building
Offcial determines on an individual case-by-case basis that sufficient
14
inspection staff is available to adequately inspect the structures should
construction begin or resume. Suspension of the building permit means
that no further construction authorized by the building pcrmlt is pcrmhtcd
and that no inspections by the Collier County Building P, evicw and
Pcnnhting Department will be performed during the moratorium period.
Applications for inspections relating to building permits suspended under
this Section shall be adjusted accordingly to reflect the time period
covered by this thirty (30) day moratorium.
2) The County reserves the right to rcinspcct any and all construction in
progress pursuant to validly issued pre-disaster building permits to verity
that the work in place suffered no damage as a result of the disaster. In
the event that the County determines that such construction sustained
damage during the disaster or suspects that damage occurred, the
property owner and/or general contractor is responsible for rework,
reinoval, rctesting, and uncovering work to facilitate inspection so that
compliance with the building permit and the building code can be ensured.
g. Outstanding Development Order Moratorium.
I) All development orders as defined heroin issued prior to the disaster will
be suspended for a minimum period or thirty (30) days following the
expiration of the initial building moratorium. Suspension of the
development order means that no development order work is authorized
and that no development order inspections by the Collier County
Community Development and Enviromncntal Services Division will be
performed during the moratorium. Applications for development orders
suspended under this section will be adjusted accordingly to reflect the
time period covered by this thirty (30) day moratorium.
2) The County reserves the right to reinspcct any and all development order
work in place prior to the disaster to verify that the work in place was not
damaged during the disaster. In the event that the County determines that
development order work in place was damaged during the disaster or
suspects that damage occurred, the developer will be responsible for
15
rework, removal, retcsting, and uncovering work to Facilitate inspection,
so that compliance with the development order documents and the Land
Development Code can be ensured.
h. Site Development Plan. Subdivision Plat Review. and Zonin_~ Request
Moratorium.
I) Site Plans which have been submitted to the County prior to the disaster
O will not be reviewed by the County Staff for a period of thirty (30) days
following the expiration or the initial building moratorium. All submittal
dates and review periods will be adjusted accordingly to reflect the time
period covered by this thirty (30) day moratorium.
2) No new site plans, zoning requests or subdivision plats will be accepted
by the County for a period orthiny (30) days following the expiration of
the initial building moratorium.
3) All submittal dates and review periods will be adjusted accordingly to
reflect the time pcrlod covered by this thirty (30) day moratorium.
i. Duration or Moratoria. All moratoria other than the initial building
moratorium as enacted will be in effect for the length of tlme described above
and may be termlnatcd or extended by the Board of County Commissioners.
4. E. rncr2encv Repairs
a. No construction or reconstruction activity may be undertaken without a
building permit, while a building moratorium is in effect; however, emergency
repairs necessary to prevent injury, loss of life, imminent collapse of a
structure or other additional damage to the structure or its contents will not
be subject of the temporary moratorla provided for by in this Ordinanc~ and
shall not require individual building permits. Such emergency repairs shall
included but not be limited to:
1) Temporary roof repairs with plywood or plastic sheeting to make
structures habitable or to prevent continuing damage due to rain and wind
to building interiors and exteriors.
2) Covering exterior wall openings with plywood or plastic sheeting,
3) Repairs to interior ceilings to make buildings habitable or to drain
accumulated flood waters,
4) Repairs to steps, and
5) Temporary stabilization measures to avoid imminent building or structure
collapse.
b. Emergency repairs to buildings or infrastructure that house the rollowing
organizations or activities shall not be subject to any temporary moratorium
because or their necessity to protect the public health and safety by providing
electrical power, potable water, waste water, and communications Facilities;
emergency stabilization of roadways; police, fire and medical Facilities;
essential governmental Facilities; response/recovery centers and distribution
centers; debris removal activities; and stabilization or removal or structures
about to collapse.
c. Nothing in this Ordinance shall be construed to suspend State and Federal
permit'regulations.
a. An Emergency Permitting System will be established by the most recent
building and construction administrative codes to assure the quality of the
reconstructed buildings and structures, and to implement the County's
Buildback policy as set forth hereln. The provisions contained in the Collier
County Construction and Administrative Code will take effect when a
disaster designated as major or catastrophic has affected Collier County,
which the Board of County Commissioners requests the Governor to declare
Coilier County a disaster area.
6. R 'w
1. An Emergency Review Board will be established in catastrophic disaster
situations to implement the County's buildback policy. The Emergency
Review Board will be cl~aired by the Community Development and
Environmental Services Administrator and will consist of the Chief Building
Official, Planning Se~ices Director, and the Code Enforcement Director (or
their respective designees). Decisions rendered by the Emergency Review
Board can be appealed to the Collier County Board of Commissioners
through the normal administrative appeals process provided for in Section
1.6.6 of the Collier County Land Development Code.
i. The following general policies will guide the use of resources employed toward
rebuilding of the community's economic base
a. Reopen the business community.
b. Restore agriculture and industry.
c. Re-establish the tourist industry.
2. Damaged businesses and other economic enterprises necessary for the public
health and safety and for restoring the community's economic base will be
allowed to use temporary structures such as modular buildings, mobile homes, or
similar type structures to carry out their activities, until their damaged structure is
rebuilt or replaced according to applicable development and redevelopment
regulationS.
N' '
1. When determined to be in the public interest, the Board of County
Commissioners may enter into negotiation with a property owner or owners
whose improved real property has been damaged by the disaster for the purpose
of acquiring such buildings and associated land or lot for transfer by sale, lease
or donation to Collier County when the following conditions arc met:
a. The property must be located in an area damaged by the disaster;
b. The property should be free of any encumbrances; and
c. The building structure must:
l) have been damaged substantially beyond repair or must have been
damaged to the extent that the cost of reconstruction or repair exceeds
flay percent (50%) of the replacement value orthe building or structures
at the time of the disaster; or
2) not be capable of' repair because of buildback policy provisions herein or
significantly increased building costs; or
3) have been abandoned by its owner.
2. Propenny acquired under lhese conditions must be dedicated for such purposes as
the Board of County Commissioners may agree are consistent with:
a. Open space uses; or
b. Managing the land for its dedicated purposes, however, future uses which
would likely result in threats to human life or property damage ofthe same
type that has occurred during previous disasters will not be permitted.
3. Allowable open space uses include parks for outdoor recrcatlonal activities,
nature preserves or trails, beach access, unimproved parking lots, and structures
functionally related to thes~ uses such as open-sided picnic facilities, refreshment
stands, or other non-habitable structures primarily supporting the recreational
activities.
SECTION ELEVEN: AUTHORITY.
Nothing {n the ordinance limits the authority of the Board of County
Commissioners to declare. repeal or extend a state of local emergency.
SECTION TWELVE: PENALTIES.
I. Any person, firm, company or corporation who fails to comply with or violates
any section of this Ordinance, or the emergency measures which may be made
effective pursuant to this Ordinance, is guilty of a misdemeanor of the second
degree, and upon conviction for such offense, may be punished by a fine not to
exceed five-hundred dollars ($500.00) or by imprisonment not to exceed sixty
(60) days in the Collier County Jail, or both, in the discretion of the Court
hearing the case. Each day or continued non-compliance or violation will
constitute a separate offense. In addition to this penalty, any construction
liccnsee of Collier County or the State of Florida who violates any provision of
this Ordinance or the emergency measures which are effective as a result of this
Ordinance, will be charged with said violation and have the matter heard before
the appropriate Collier County Board, state administrative body, or court of law.
2. Nothing contained heroin prevents the County from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy
19
any failure to comply with, or violation of, this Ordinance or the emergency
measures which may be made effective according to this Ordinance. Such other
lawful action includes, but is not limited to, an equitable action for injunctlve
relief or an action at law rot damages.
In the event this Ordinance conflicts with any other ordinance of Collier County
or other appllcable law, the more restrictive shall apply. if any phrase or portion
or this Ordinance is held invalid or unconstitutional by any court or competent
jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
T '
The provisions or this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance
may be ranumbered or re-lettered to accomplish such, and the word "Ordinance"
may be changed to "Section," "Article," or any other appropriate word.
This Ordinance becomes effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida. This -~-_7 day of ~ 19 f'~.
'~ATI'EST; .; .. BOARD OF COUNTY COMMISSIONERS
:~" '~" DWIGHT. EL BROCK, Clerk COLLIEK COUNTY, FLOKIDA
i :: . '~,), . '.': ~'
..~ .. signature. gall'
'~':' """ Thll ordlnar~:e filecl with the
"',.., ..........·
Secretor,/of Sto~e°, Office th
end ockt~w~ of that
Approved as to form and legal
~ufliciency:
· · Trl.
Assistant County Attorney
2O
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Oollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-62
Which was adopted by the Board of County Commissioners on the 23rd day
of June, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of June, 1998.
clerk of Courts: .'."' .- 77'..
F,x-officio to Board
County Commissione.~' ...'. · ' . ..
: Maureen Ken~n',".~'. "
puty Clerk :., ' ' '.. i. .
· ...'.,. ~. ~; ..
, ~ · ', ..J," .