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Ordinance 89-026ORDINANCE 89 - 26 ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 82-91, BY ADDING TO THE DEFINITIONS UNDER SECTION TWO; REVISING SECTIONS THREE AND FOUR W}{ICH REVISES THE DELEGATIONS OF ADMINISTRATIVE AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILILTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier regulate work within County, Florida and County Ordinance 82-91 was created to the Public Rights-of-Way within Collier WHEREAS, the creation of the Development Services Departmel,t administratively modifies the authority for decision making with respect to Ordinance No. 82-91; and WHEREAS, the Development Services Department Director and the County Public Works Administrator and/or County Engineer's roles in administration of the right-of-way regulations must be clearly defined. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Section Two is amended to add Paragraph 4 which shall read as follows: 4. Director: Sha~ mean the Deve~opmeDt services Director or his desiqnee, SECTION TWO: Section Three, Paragraph 1 of Collier County Ordinance No. 82-91 is hereby amended to read as follows: 1. It shall be unlawful for any person, firm, governmental agency, corporation, association, department or authority, to dig, excavate, obstruct, place any construction or other materials, or perform any other work which disturbs the existing structure or compaction of the soil in any right-of-way provided for the public use in the unil~corporated areas of Collier County, Florida and also in those ?,,blic rights-of-way maintained by Collier County but which lie within municipal boundaries without first obtaining a permit for such work from the 222 Words S~u~-~h~u~h are deleted; words underlined are added. ~ng½nee~ PirectQr, or as specified in the Collier County Rights-of-Way construction Handbook. SECTION THREE: Section Three, Paragraph 3 of Collier County 82-91 is hereby amended to read as follows; 3. a. Public Ordinance No. The Director shall approve the application and issue the permit within ten (10) working days or notify the applicant of the reasons for the delay or denial. If a notice or delay is issued, that notice shall state the maximum time period within which the ~ngEmee~ Director shall take action. If no time period is stated in the notice of delay, the permit shall be deemed to be denied if no action is taken by the Director within thirty (30) days of the issuance of the notice of delay. The expiration of the thirty (30) day period shall thereupon act as a Notice of Denial. Where the ~mg&mee~ Oirector denies the issuance of a permit, the applicant may appeal by filing a written notice of appeal with the County Commission, with a copy to the County Clerk, within ten (10) working days after receipt of the Notice of Denial. The applicant may then appear before the Commission and present facts supporting his position. Thereafter, the decision of the County Commission shall be final. SECTION FOUR: Section Ordinance No. q2-91 is hereby amended to read as follows: (1) Handbook for Collier County Standards Words S~uek-~h~ugh are deleted; words ~ are added. Three, Paragraph 4a. (1) and b of Collier County for Construction Within Public Rights-of-Way. References tO thg term "Pub%~c Works ~dmiDistrator" and/o¥ "County. Engineer" in the ~[DDd~ook are hereby amended., ko th~te ~Director" as defined by section Two. ~aragr~ph 4. In the event standards for the proposed construction are not contained in the references listed in 4.a., the P~B~ ..... W~ks A~m~n~s~a~s~nky-Eng~nee~ Directo[, is directed to require as part of the additional Conditions and/or Stipulations sidewalks -- bikeways, where applicable traffic control devices roadway thereby construction. and and improvements, as part of the pe~it and granting a permit for the proposed SECTION FIVE: Section Three, Paragraph 7 of Collier County 82-91 is hereby amended to read as follows: ordinance No. (7) The e~ntM-En~nee~ Director may revoke a permitted right-of-way permit when the stipulations and/or Conditions of Permit are not being complied with or for the safety of the public. SECTION SIX: Section Four, Paragraph 1 (d) and 1 (e) of Collier County Ordinance No. 82-91 are hereby amended to read as follows: (d) After removing the offending material and after notifying the responsible person (by certified mail with return receipt), the P~ ..... W~s AS~s~a~/~n~y---En~nee~ Director, shall certify to the Fiscal officer the expense incurred in remedying the condition, thereupon such expenses Words $~r~e~-~hro~h are deleted; words under~ined are added. shall become payable within thirty (30) days, after which a special assessment lien and a charge will be made upon the property of the responsible person, which shall be payable with interest at the rate of eleven (11%) percent per annum from the date of such certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at anytime by payment thereof .including any accrued interest. Notice of such lien may be filed in the office of the Clerk of the circuit Court and recorded among the public records of Collier County, Florida. (e) If the responsible person feels that the expense certified by the ~m~nee~ Director, to the Fiscal officer for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Commission, with a copy to the County Clerk, within ten (10) working days after the notice of removal. The responsible person may then appear before the Commission and present facts supporting his position. Thereafter, the decision of the County Commission shall be final. SECTION SEVEN: Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and inuapendent provision and such holding sha~l not affect the validity of the remaining portion. 035 - 225 Words S~u~-~h~u~h are deleted; words under i~ ar~ added. SECTION EIGHT: Effective Date This Ordinance shall become effective upon receipt of notice from the Secretary of State that this ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of ,.'C°llier,C°unty''. . ; · Florida this ~, '. . ATTEST: .:JAMES C. GILES, Clerk 25th day of April 19 89. BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman Approved as to form and legal sufficiency AM~sr~s~n~a~nny~ttorney (5) Words S~u=~-~h=sugh are deleted; words underlined are added. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-26 which was adopted by the Board of County Commissioners on the 25th day of April, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2?th day of April, 1989. JAMES C. GILES Clerk of Courts and Cler~ Ex-officio to Board of County Commissioners By /s/Maureen Kenyon Deputy Clerk