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Ordinance 89-045ORDINANCE NO. C, 9-45 AN ORDINANCE REQUIRING ANCHORING, BLOCKING AND TIE DOWNS OF MOBILE HOME AND TRAVEL TRAILERS; ESTABLISHING APPLICABILITY; DEFINING MOBILE HOMES AND TRAVEL TRAILERS; ADOPTING THE RULE OF DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, CHAPTER 15C -1.10 AS MOBILE HOME STANDARDS; ESTABLISHING TRAVEL TRAILER STANDA~RDS; PROVIDING FOR NOTIFICATIONS OF OWNERS AND OCCUPANTS OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING PENALTIES; REPEALING ORDINANCE 75-15; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMI~ISSIONERS OF COLLIER COUNTY FLORIDA: SECTION I - FINDING AND PURPOSE The Board of County Commissioners of Collier County, Florida, (hereinafter the "Board") does hereby find that it is in the interest of the citizens of Collier County to require proper anchoring, blocking and tie-downs of mobile homes and travel trailers to protect the health, safety and welfare of the citizens of Colliex County. SECTION 2 - TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Mobile Home and Travel Trailer Ordinance". SECTION 3 - APPLICABILITY This Ordinance shall apply to and be enforced in all of the unincorporated areas of Collier County. SECTION 4 - DEFINITIONS The following word, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise; a) Mobile Home: A detached single family dwelling unit with all of the following characteristics: 1. Designed for long term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems; 2. Designed for transportation after fabrication on streets or highways on its own wheels, and 3. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on Jacks or other temporary or permanent foundations, connection to utilities and the like. A travel trailer is not to be considered a mobile home. b) Trave% Trai~er: A travel trailer is a vehicular portable structure built on a chassis, designed to be used as. a tamporary dwelling for travel, recreational and vacation purposes. Refer to the Collier County Zoning Ordinance for additional definitions and requirements. SECTION 5 - MOBILE HOME AND TRAVEL TRAILER STANDARDS The Rule of Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, Chapter I§C-i.10 as amended 1-10-80 and the requirement of this Ordinance for travel trailers are hereby adopted by reference and made a part of the "Collier County Mobile Home and Travel Trailer Ordinance". SECTION 6 - TRAVEL TRAILER STANDARDS Travel trailers shall be blocked and anchored using the best commercially available materials for units of their size and type. Said blocks and tie-down anchors shall be located two (2) places per side and as near to either end of the unit as practical. Tie-downs shall be installed over the body of the travel trailer and drawn tight in a manner similar to that required for mobile homes. This Ordinance shall apply to all travel trailers whether occupied or stored within four (4) hours after the issuance of a hurricane alert;. SECTION 7 - NOTIFICATION Adoption of this Ordinance shall serve as notification to all parties involved. Special notification shall be owners or operators to all current park occupants and all future occupants at time of occupancy of the provisions of these regulations, and shall post copies of these regulations in conspicuous locations within the park. SECTION 8 - PENALTIES If any purson fails or rQfuses to obQy or comply with or violates any of the provisions of this ordinance, such person upon conviction of such offense, shall bo quilty of a misdemeanor and shall be punished by a fine not to exceed five-hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the County jail, or both, in the discretion of the Court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as 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. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board 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. SECTION 9 - REPEAL OF ORDINANCE NO. 75-15 Collier County ordil.ance number 75-15, which established anchoring, blocking and tie-downs for mobile homes and travel trailers is hereby repealed in its entirety. SECTION 10 - CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collior County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competont Jurisdiction, such portion shall bQ deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 11 - EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secreratry of State. PASSFD AND DULY ADOPTED by the Board of County Commissipners of Collier County, Florida this/~ay of /~.~'/ , 1989. '?; /~.SI.GNATURE BLOCK) ,. t./. BOARD OF COUNTY COMMISSIONERS · ~TTEST: / COLLIER COUNTY, FLORIDA JAMES ,C/GILES, Clerk - //,.:,. ch irm .. ...~,Approved as to form and legal t;. Sufficiency: _ ~)a--~id C~ ~,'e~e! ~ Assistant County Attorney STATE O1.' FLORIDA ) COUNTY OF COLLIER ) [, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier Countv, Florida, do hereby certify that the foregoing is a true copy of: O~dinance No. 89-45 which was adopted by the Board of County Commissioners on the 18th day of July, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of July, ]989. JA~IES C. GILES Clerk of Courts and Clerk Ex-officio to Board of Count %, Comm i ss i one r s , ~', By: V'/~/ginia Hagri ~.~ Deputy Clerk ~ '~7,, 66