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Ordinance 89-066ORDINANCE NO. 89- ~ A3{ ORDINA3;CE AMENDING COLLIER COUNTY ORDINANCE 85-33, BY AMENDING PART III, SECTION TEN, DEFINITIONS, SECTION ELEVEN B., DECLARATION OF PUBLIC NUISANCE, SECTION TWELVE, ABATEMENT OF NUISANCE, AND SECTION FO[/RTEEN, SUBSECTIONS A., B. A_ND C., ASSESSMENT FOR ABATING NUIS;UNCE; ~D PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has determined that residentially-zoned land which is allowed to become overgrown with weeds, grass or undergrowth is detrimental to the health, safety and welfare of the citizens of Collier County; and WHEREAS, the Board of County Commissioners has been advised by the members of Collier United for Rights and Equality that the overgrown condition of over fifty (50) parcels of property in the Immokalee and Naples Manor areas of Collier County provide locations for concealment of persons with criminal intent and thereby contribute to criminal activity in these areas; and WH~F2%S, the State Attorney's Office and Collier County Sheriff's Office have confirmed the use of such areas for the perpetration of criminal activity; and W]4EREAS the Board of County Com~issioners has determined that it is in the best interest of the citizens of Collier County to amend the provisions of the current nuisance abatement o~n~ce~ in order to address such dangerous conditions a~ they ar~_. t~ NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COU~ ~ ._~ CO~'~ISSIONERS OF CO~.L~ER COt~TY, F~RIDA: ~ SECTION ONE: The Board of County Commissioners does make the following findings of fact: A. The areas of Collier County generally described as Immokalee and Naples Manor contain parcels of property which are undeveloped, but which are located within and/or in close proximity to residentially-zoned and developed areas, and which are used by persons with criminal intent for concealment in order to perpetrate crimes on the residents of these areas and the citizens of Collier County. 1 ~'" Wor~s underlined are added; woras's~r~ek-%hreHgh'are'-~el~tm~. B. The ability to use such parcels of property for criminal purposes will be greatly diminished by elimina~ing the weeds, grass and undergrowth in excess of eighteen (18) inches, thereby destroying the effectiveness of the undergrowth for concealment. C. The areas of Collier County generally described as Immokalee and Naples Manor continue to be plagued by the adverse effects of the overgrown parcels of property to a greater extent than other areas of the County. SECTION TWO: Section Ten, Definitions, shall be amended by adding the following: C. Unrecorded Subdivision means land which, for purposes of sale or transfer, has been subdivided into three or more lots. parcels, sites, units or 9ther division of land without recording a Dlat in the public rec0Fds ~ Collier CouBty, SECTION THREE: Section Eleven, Declaration of Public Nuisance, Subsection B. shall be amended as follows: SECTION ELEVEN. Declaration of Public Nuisance. B. The accumulation of weeds, grass, or s{m~ar ~ther undergrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, improved or unimproved, in any recorded or unrecord¢~ subdivision of this County, except Golden Gate Estates, to the extent and in the manner that such lot is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public health, safety or welfare, or may reasonably cause disease, or adversely affects and impairs the aesthetic integrity or economic welfare of adjacent or surrounding property. C. The ~ccumulation of weeds, grass, or o~her undergrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when log~tqd UDOn any property in this County, except Go]de~ Gate ~states. which is ~acent to a public richt-of-wav and is not within a recorded or unrecorded subdivi~ioD wbgre such property has b~n described by 2 Words u~erlined are added; wq~s~hro~gh are deleted. legal description and declared by resolution of the Board of County Commissioners to be a ~ubltc nuisance pursuant to this ordinance, in that such property threatens or endangers the public health, safety or welfare: provided, however, the retirements for abatement of the Dublic nuisance as described within this section shall only apply to that mortton of the DroQerty ~Q a depth of twenty ¢20) feet from the property line or lines runnin~ adtacent and parallel to a Public right-of-way. SECTION THREE: Section Twelve, Abatement of Nuisance, shall be amended as follows: SECTION TWELVE. Abatement of Nuisance. A. Whenever the County Manager or his designee shall determine that a public nuisance as described in SECTION ELEVEN herein exists, he shall cause a notice to be served on the owner or owners of said property as provided for in SECTION SIXTEEN informing them of the existence of the nuisance in substantially the following form: TO: ADDRESS: PROPERTY: NOTICE DATE: You, as the owner of record of the property above described are hereby notified that the County Manager of Collier County, Florida, on the __ day of , 19 , determined that a nuisance exists upon such property, caused by (list briefly the details) You are hereby notified that you must abate this nuisance within twenty ~h~r~y days, failing in which the Board of County Commissioners will have it done and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the County Manager's determination of the existence of a public nuisance, you may apply for a hearing before the Board of County Commissioners within 15 days from the date of this notice. B. If the property owner or someone in his behalf has not abated the nuisance as described in said notice within twent~ {20} 036 607 Words underlined are added; words ~-~h~e~h are deleted. ~h{~%y-~8~ days from the date of the giving of notice as aforesaid, the County shall forthwith abate the same 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 effect abatement. SECTION FOLFR: Section Fourteen, Assessment for Abating Nuisance, Subsections A., B., and C. shall be amended as follows: SECTION FOURTEEN. Assessment for Abating Nuisance. A. As soon after such abatement as is feasible, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County ~QmDi~D~e Services Manager Or his designee. Bu&}d&ng-eode-eemp}~anee-B~eeeor? An invoice will be mailed to the koe property owner for the cost of abatement and shall include an administrative cost of $100.0Q $~$~88 per ~e~ parcel of property when this invoice is paid within twenty (201 %h~%y-~g8~ days from date of invoice. B. If the invoice sent by the Compliance Services Manager or his designee B~d~ng e~de-e~mp½~a~ee-B~e~ee~ is not paid within the twenty th~r~y-day period, the Board of County Commissioners will be notifie~. Thereupon the Board of County commissioners, by Resolution, shall assess such cost against such parcel. Such Resolution shall describe the land and show the cost of abatement, which shall include an administrative cost of .$100.0Q $gM~Sg per }ee parcel. Such assessments shall be legal, valid and binding obligations upon the property against which made until paid. The assessment shall become due and payable twenty (20) %h~y-{ge~ days after the mailing of 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 record owner or owners of each of said parcels of land described in the Resolution, at the last available address for such owner or owners, which notice may be in substantially the following forla: Words underlined are added; words ~¢~-~h~h are deleted. TO: ADDRESS: PROPERTY: NOTICE You, as the record owner of the property above described are hereby advised that Collier County, Florida did on the day of , 19 , order the abatement of a certain nlli~ance--~isting on the above property, sending you notice thereof, such nuisance being (herein describe briefly) 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 cost of $__. Such cost, by resolution of the Board of County Commissioners of Collier County, Florida, has been assessed against the above property on , 19 , and shall become a lien on the property thirty (30) days 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 of the Board of County Commissioners in writing within 30 days from the date of the assessment. SECTION FIVE: Effective Date. This Ordinance shall take effect 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 Collier County, Florida this 76r:% day of Sa?~mB~v 1989. ~! BOARD OF COUNTY COMMISSIONERS ~.d~L~s, Clerk COLLIER COUNTY, FLORIDA . ~ .' .Virgi~a ]4a~.ri, D~u~y Clerk By:/~~. BURT L. SAUNDERS, Chairman '.~ppg,o~y~O~-as to form and legal~fftciency: ~'-B~nda C.-W~lson Assistant County Attorney 5 Words underlined are added; words s~-~h~u~'h are deleted. .STATE OF FLORIDA COUNTY OF COLL.IER 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. 89-66 '"~ which was adopted by the Board of County Commi'ssioners on the 26th day of September, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of October, 1989. Clerk of Courts and Clerk CountyCommissioners By: Virginia Hagri . ~C., Deputy Clerk '~..