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Ordinance 92-086 ORDINANCE NO. 92- 86 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY . ,~ ~,,v ORDINANCE NO. 91-47, "COLLIER COUNTY LITTERt WEE~ ~:- .'::./ AND PLANT CONTROL ORDINANCE" BY EXCLUDING ;~Y ~ / iJ ' CATASTROPHIC EVENT; AMENDING SECTION FOUR ~ · J' '.'.' PROVIDING A DEFINITION FOR CATASTROPHIC EVE~; ~1 /~ ,,~, AMENDING SECTION FIVE, LITTER DECLARED TO B~A ; PUBLIC NUISANCE EXCEPT FOR A CATASTROPHIC EV~NT; ~': ..;" LITTER PROHIBITED EXCEPT FOR A CATASTROPHIC ,~,' , EVENT; AMENDING SECTION TWELVE, ABATEMENT OF~ · NUISANCE EXCEPT FOR A CATASTROPHIC EVENT; ~ AMENDING SECTION THIRTEEN, ASSESSMENT FOR ABATING · -'0;;~. NUISANCE EXCEPT FOR A CATASTROPHIC EVENT; ~ '~k PROVIDING FORCONFLICT AND SEVERABILITY; .... '~ DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE ~ty Litter, Weed and Plant Control Ordinance; and WHEREAS, the Board of County Commissioners did not intend for Ordinance No. 91-47 to apply to catastrophic events which are declared disasters; and WHEREAS, it is in the best interest of the citizens of Collier County to amend Ordinance No. 91-47 to exclude ~atastrophic events. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Amendment to Secti6n Four of Collier County Ordinance No. 91-47 Section Four of Collier County Ordinance No. 91-47 is hereby amended to read as follows: SECTION FOUR: Definitions The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: "Abandoned property" shall mean any 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 1 Words struek-~h~eugh are deleted; words ~ are added. machines, plumbing fixtures, furniture, and any other similar "Exotics" shall mean Australian pine (Casuarina, all species), melaleuca (all species), Brazilian pepper (Schinus terebinthifoliue), or downy rose myrtle (Rhodomyrtus tomentosus) or any prohibited exotic species in accordance with Ordinance 82-37, as amended. "Enclosed container" shall mean, for purposes of this Ordinance, any container whose physical structure is such as to prevent enclosed materials from falling out,'spilling, blowing out by wind action, or coming out by another accidental means during transport, and shall include, but not be limited to, garbage cans, boxes, truck bodies capable of being enclosed and any other container sufficient to prevent the accidental scattering or leaking of said materials on the public roads. "Improved property" shall mean property that contains buildings, streets or other structural improvements. "Inert waste materials" shall mean brick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste and capable of serving as fill material without harm to, or pollution of, ground or surface waters. "Litter" shall mean any discarded, used, or unconsumed substance or wastes. Litter shall include, but shall not be limited to, garbage, trash, refuse, debris, hazardous rubbish, including paper (newspapers, m~ga~ines) products, 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, the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any 2 Words s%=~=k-%h~ough are deleted; words RD~9]L~ are added. 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. -"Mowable lot" shall mean a lot, fifty percent.(50%) or more of which can be mowed with bushhog-type, or smaller mowing equipment without damage to the lot or equipment. "Prohibited accumulation of exotics" shall mean any accumulation of prohibited exotic plants in excess of eighteen (18) inches in height located An unimproved property and in violation of this Ordinance. "Recorded subdivision" shall mean land subdivided into three (3) or more lots, parcela, sites, units or any other division of, land for which a plat has been filed with the Clerk of c~urts of Collier county.' "storage of litter" shall mean the 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. "Unauthorized accumulation of litter" shall mean the accumulation of litter in or upon any public or private property or body of water which is not contained within proper containers or receptacles provided for control of litter or is not otherwise permitted or authorized by any other Collier County Ordinance. This 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 the subject building i~ being constructed, remodeled or repaired under the authority of a current, valid Collier County Building Permit and for which the materials are to be used. "Unlawful accumulation of weeds, grass or similar non-protected overgrowth" shall mean any accumulation if any part of such accumulation is in excess of eighteen (18) inches in height and is declared to be a public nuisance when located on a mowable lot, improved or unimproved, in any recorded or Words s~=~ek-~h~o~gh are deleted~ words ~ are added. ,oo 058- 03' unrecorded subdivision of this County, except Golden Gate Estates. Accumulations of protected vegetation such as coastal strand, scrub, tropical hammocks, dune vegetation, and property officially declared to be wetlands are hereby exempted from such public nuisance declarations. "Unrecorded subdivision" shall mean land which for the purpose of sale or transfer has been subdivided prior to the enactment of Ordinance 76-6, as amended, or any other division of land for which a plat has n6t been filed with the Clerk of' Courts of Collier County. "Written corrective notice" shall mean a written statement issued to the violator or his or her agent identifying and specifying the violation, the date, location the violation was found, the corrective measures required to be taken and the date by which the corrective measures are to be completed. SECTION TWO. Amendments to Section Five of Collier County Ordinance No. 91-47. Section Five of Collier County Ordinance No. 91-47 is hereby amended to read as follows: SECTION FIVE: Litter Declared To Be A Public Nuisance The unauthorized and improper dumping, accumulation or storage of litter or abandoned property as described in Sections Six, Seven, Eight, Nine or Ten in or upon public or private property is hereby declared to be a public nuisance, SECTION THREE. Amendments to Section Seven of Collier County Ordinance No. 91-47. Section Seven of Collier County Ordinance No. 91-47 is hereby amended to read as follows: SECTION SEVEN: Unauthorized Accumulation Of Litter Prohibited Any unauthorized accumulation of litter in or upon, any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this Ordinance, ~ 4 Words s~uek-through are deleted~ words ~ are added. ~atastroDhic event. Any property owner, tenant, occupant, agent, manager or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. 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 rights of way if such materials are placed upon a right of way earlier than six (6) p.m. of the night prior to the regularly scheduled pickup for that location by the County solid waste collection contractor, or. allowing said accumulation to remain adjacent to the public right of way after six (6) p.m. of the day of the scheduled pickup. SECTION FOUR. Amendments to Section Twelve of Collier County Ordinance No. 91-47. Section Twelve of Collier County Ordinance No. 91-47 is hereby amended to read as follows: SECTION TWELVE: Abatement of Nuisance a. Whenever the County Manager or his designee shall determine that a public nuisance as described in Sections Five, Eight, Ten or Eleven herein exists, he shall cause a notice to be served on the record owner or owners of said property as appropriately provided for in this Section and in Section Fifteen informing them of the existence of the nuisance in substantially the following form: Office of the Compliance Services Manager Notice of Violation To: Date: Ordinance Violation Case No. Property: 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 Compliance Services Manager, on , determined that a public nuisance existed 5 Words st=~ek-~h=~ugh are deleted; words underlinp~ are added. upon such property, caused by= You are further notified that you shall abate this nuisance within twenty (20) days. Failing this action on your part, the Board of County Commissioners will cause the nuisance to be abated. The direct cost plus an administrative fee of not less than $100.00 will be levied as an assessment against the property. You may contest this determination of the existence of a public nuisance by applying for a hearing before the Board of County Commissioners within fifteen (15) days from the date of this notice. b. If. the property owner or someone on his behalf has not abated the identified nuisance'as described in said notice within twenty (20) days from the date of the giving of notice as aforesaid, the County shall forthwith abate the condition and shall, through its employees, servants, agents or con- tractors, be authorized to enter upon the property and take such steps as are reasonably required to effect the abatement of the nuisance. w v u st w v Words s~=~=k-th=e~h are deleted; words ~ are added. SECTIOX FIVE. Amendments to Section Thirteen of Collier County Ordinance No. 91-47. Section Thirteen of Collier County Ordinance No. 91-47 is hereby amended to read as follows= SECTION THIRTEEN: Assessment for Abating Nuisance a. As soon after such abatement-as feasible, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Compliance Services Hanager or his designee. An invoice shall be mailed to the property owner, for the cost of abatement which invoice shall include an administrative expense of $100.00 per parcel of property when paid within twenty (20) :. days from date of invoice. b. If the invoice sent by the Compliance Services Manager or his designee is not paid at the expiration of the twenty (20) day period, the Board of County Commissioners shall be n~tified. Thereupon the Board of County Commissioners, by resolution, shall assess such cost against such parcel. Said resolution shall describe the land and show the cost of abatement, which shall include an additional administrative expense of $100.00'per parcel. Such assessment shall be a legal, valid and binding obligation which shall run with the property until paid. The assessment shal~ become due and payable twenty (20) days following the mailing of the notice of assessment after which interest shall accrue at the rate of twelve percent (12%) per annum.on any unpaid portion thereof. c. The Clerk shall mail a notice to the owner or owners of record of each of said parcels of land described in the resolution, at the last available address for such owner or owners, which notice shall be in substantially the following form: BOARD OF COUNTY CO~ISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN 7 Words st=uek-~hroHgh are deleted~ words ~ are added. 07 DATE= ( REF. INV.# ) LIEN NUMBER= LEGAL DESCRIPTION= You, as the owner of record of the property above .described, are hereby advised that Collier County, Florida did on the __day of ~, 19__, order the abatement of a certa~uisance existing on the above property, sending you notice thereof, such nuisance being= A copy of such notice has been heretofore sent you. You failed to abate such nuisance~ whereupon, it was abated by Collier County at a direct cost of $ and an administration cost of $200.00 for a total of $__.00. Such cost, by resolution of the Board of County ~ommissioners of Collier County, Florida, has been assessed against the above property on , 19 , and shall become a ..lien on the property ~0) d~ after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance 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 Clerk to the Board of County Commissioners, Government Center, Naples, Florida 33962 in writing within thirty (30) days from the date of the assessment. CLERK, BOARD OF COUNTY COHHISSIONERS d. After the expiration of one year from the date of recording of the Assessment of 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 forth herein verbatim. e. The liens for delinquent assessments imposed hereunder. shall remain liens, coequal wi~h the lien of all state, county, district and municipal taxes, superior in dignity to all other filed liens and claims, until paid as provided herein. SECTION SIX. Conflict and Severabllity It is declared to be the intent of the Board of County Commissioners that if any section, subsection, sentence, clause, phrase or provision of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such Words s~uek-~hreu~h are deleted; words ~ are added. invalidation or unconstitutionality shall be deemed a separate, distinct and independent provision and shall not be so construed as to render invalid or unconstitutional the remaining provisions of this Ordinance. SECTION SEVEN. Declaration of Emergency This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5the) vote of the membership of the Board does hereby waive notice of inten~ to consider this Ordinance. SECTION EIGHT. Effective Date A certified copy of this Ordinance, as enacted, shall be filed'by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. This Ordinance shall become effective as provided in Section 125.66(3), Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~m{day of November, 1992. ATTESTS? ... BOARD OF COUNTY CO~ISSIONERS .JAMES C. ~'ILES, CLERK COLLIER COUNTY, FLORIDA · '~.~pproved as.,~o form and · '~gal suf~i~iency: '' County Attorney This 9 Words struck-~h=ou~h ar~lete~j_words~are added. UU STATE 'OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clark of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florida, do haraby certify that the foregoing ts a trua copy of: Ordinance No. 92-86 which was adopted by the Board of County Commtaetoners on the 3rd day of November, 1992, via emergency procedures during Ra~lar Session. WITNESS my hand and the official seal of the Board of County Co~teatoners of Collier County, Florida, this day of November, 1992. J~ES C. GILES ." .;..... '".. Clark of Courts and Cla'~k".~" '. '" Ex-officio to Board of County Commtss~onersf... Deputy Clark