Ordinance 85-33 OItDZ~ANCE NO. 8~'"33
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~OV~O FOR ~F~I~ DATE. ~,,' , ~
BE IT O~AIN~ BY ~E BO~ OF CO~ CO~188IONER80~LI~
CO~ ~ ~R~AI
PART I! DUMPING, TRANSPORTATION, COMPOSTINC AND
BURYING OF GARBACE, TRASH, WEEDS, LIQUID WASTES,
GRASS AND OTHER NATURAL CROWTH.
SECTION ONE.
It shall be unlawful for any person to dump or cause to be dumped or
place or cause to be placed any garbage, trash, weeds, liquid wastes,
grass and other natural growth upon any public place or any lake, pond,
stream, canal or waterway in Collier County except at dump sites commonly
used for such purposes and provided and approved by the Board of County
Commissioners of said County.
SECTION TWO.
It shall be unlawful for any person to dump or cause to be dumped or
place or cause to be placed any of the things described in SECTION ONE of
this Ordinance upon any private place the property of another in Collier
County without the consent of the owner of such property first obtained
in writing.
SECTION THREE.
shall be unlawful co transport any of the above materials on and
over the public roads of Collier County, Florida, unless the same be done
in enclosed containers.
SECTION FOUR.
"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 cane, boxes, truck bodies capable
of being enclosed and any other container sufficient to prevent the
accidental scattering or leaking of said materials on the publico~,.n ro~e.
347 = '"
~OOK rAf,[ ~
SECTION FIVE.
It shall be unlawful to co~post or bury on any place, public or
private, except on a landfill designated by th· County, any of the items
described in SECTION Oh~ of this Ordinance. Hover·r, such tempesting or
burying~ay be done ·l provided by the State Sanitation Code, with
approval of the Health Dep·rt~nent. The spreading of grass clippings over
the property of th· owner, or over the property of another with his
per~ission, is not prohibited. This Section shell not be deemed to
prohibit · homeowner fro~ tempesting for · private garden or for
ornamental plants.
SECTION SIX.
"Composting" shall mean the mixini together, above ground in a pile
or in a recessed area below ground, of two (2) or more items of leaves,
plants, grass clippings, brush, tree limbs, trunks, stumps, palm fronds,
trash, garbage, vegetables, or vegetable wastes, grease and/or other
wamta material.
PART II:
OPEN BURNING OF GARBAGE, TRASH, WEEDS,
LIQUID WASTES, CRASS AND OTHER NATURAL
GROWTH.
SECTION SEVEN,
It shall bt unlawful for any natural o~ artificial person to cause,
permit, allow, suffer or condone the open burning of garbage, trash,
debris, grass, weeds, wood, or other materiel or natural growthl dead or
alive; severed or unssvsrsd from real property within the confines of any
subdivision or development a plat of which es be,.n recorded in the public
records of Collier County, Florida; or within one-quarter (~) of · ~tle
of any occupied dwelling units or · transient lodging establishment
without · permit issued by the County ~anager or his designee,
SECTION EIGHT: Permit, application, appeal:
A. A burning permit may be obtained by letter application to the
appropriate Fir· Control District, describing the location, number of
dwellings within k mile, quantity and type of material to be burned, the
time(e) and date(s) the applicant desires to burn uttrial, precaution·
that shall be taken to ~lnimise hasards, s~oke and fumes, and the
address and telephone numbers of the applicant and owner of the property
involved, and any other infor~ation that ~ay be required to meet the
B, The tire Control Distric~ shell, prior to issuance or daniel of
any permit, consider the infornm~lon contained in
conJunc~ion wi~h the pravailin$ winds, weather including hunidity and
inversion conditions, and the probability of hazards or obnoxious smoke
and/or fu~as.
C. Appaal~ Any parson adversely affected by a decision of
Fire Control Dis~rict in the enforcement or interpretation of chis
Ordinance may appeal By filing a written notice of appeal to the County
Commission with a copy to the Clerk to the Board within ten (10) days
after such decision. Such person may present facts supporting his
position after which the dec~sion of the County Commission shall be
final.
SECTION NINE.
"Open Burning" ia defined as the intentional burning of any of the
materials listed in SECTION SEVEN hereof not within the confines of an
incinerator designed for the purpose and which burning permits the
emission of smoke or noxious fumes to escape into the atmosphere.
PART III. ACCUSATION OF GARBAGE, TRASH, WEEDS,
LIQUID WASTES. CRASS AND OTHER NATURAL CROWTH.
SECTION TEN. Definitions.
As used in this ordinance, the following terms shall be defined
as follows:
A. Mowable Lot shall mean a lot. fifty percent (50%) or more
of which can be mowed with buzhhog-type equipment without damage to the
lot or the equipment.
B. Recorded Subdivision means land subdivided into three or more
lotl, parcels, sites, unite or any other division of land for which a
plat has been filed with the Clerk of Courts of Collier County.
SECTION ELEVEN. Declaration of Public Nuisance.
A. The accumulation of garbage, trash, or liquid
consti~uta a fire or health hazard ia hereby declared to be a public
nuisance when any such accumulation shall be located within 100 fait of
any improved property.
B. The accumulation of weeds, grass or similar undergrowth in
excess of ellhtean (18) inches in haigh~ is hereby prohibited and
declared to be a public nuisance when located upon any ~owable lot.
improved or unimproved, in any recorded subdivision of this County,
except Oolden Oate 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 fumish a breeding place for mosquitos,
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.
SECTION TWELVE. Abatement of Nuisance.
A. Whenever the County Manager or his designee shall determine
that a public nuisance as d~scribed in SECTION ELEVEN herein exists,
he shell 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. aa the owner of record of th~ 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 ~uch property, caused by
(list briefly the details)
You are hereby notified that you must ~bate this
nuisance within thirty days, failing in which the
Board of County Commissioners will have it done and
the Cost thereof will be levied aa 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 aa described in said notice within thirty (30) days from the
date of the giving of notice aa aforesaid, the County shall forthwith
abate the same and shall through its employees, servants, agents or
contractors be authorised to enter upon the property and take such steps
se are reaeouably required to effec~ abatement.
020 3,50
BECTION THIRTE;:No Public Hearins on Nuisance.
Ao A property mmer may request a public hearing to contest the
wiring to the Clerk of the Board of County Cc~niselonere within 15 days
of the date of the notice provided for in SECTION Tk~LVE, The Clerk
shall est a data for said hearin~ and shall notify the ovner in writinl,
i, At said public hearing, the o~er or occupant of such lot or
parcel of land or any inter~sted person shall hav~ the right ~o presnnt
any relevan~ or material facts or evidence as to why such lot or parcel
does no~ create a public nuisance or why the cost of the abatemen~ of
such nuisance should not be ;aid for by the o~er of said lot or parcel
or why the cos= of the abatement of such m'Isanca should no= be assessed
a~ainet such lot or parcel.
C. If after said haarini, the Board datelines thac the condition
or situation exists as set forth in the finding of nuisance the Board
shall pass a resolu~ion declaring the nature of Che nuisance, describing
the lot or parcel of land involved, or portions of much lot or parcel of
land involved, deta~inin~ the name of the o~er of such land, and shall
se~e a copy of said resolution on the o~er. Said o~er shall have ten
(10) days from the date of such resoluCion to correct ~he condition and
situation described in such resolution. In case ~ha o~ar fails to
correct said condition or situa~ion within said ten (10) day period the
County shall cake such measures aa necessary to abate said nuisance and
remedy the condition or si~uation set forth in said resolucion and the
costa of said work and its administration shall be ~axed to the ~er and
shall become a lien against such lot or parcel of land as provided in
this Ordinance. Authorized representatives of the County shall have the
right to ~o upon such land described in said resolution at all reasonable
times to abate said nuisance and to remedy ~he condition or situation
found to exist.
D. If after said hearing, the Board dete~ines that the condition
or situation set forth in the certified finding of nuisance and the pr~a
facie dete~ination of nuisance do not exist, then such notice to the
~er or occupant shall be considered forthwith null and void and of no
effect, and no action shall be taken by the County in re~ard to such
condition at thac time, Notice o! such determination ehsl! be forthwith
sent to the owner or occupant of such lot or parcel of land.
SECTION FOURTEEN? Assessment for Abatiss Nuisance.
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A. Aa soon d~er such aba~emen~ ia ~ea.ible~ ~he co~ ~hereof ~o
~he County aa ~o each parcel shall be calculated and reported ~o ~he
Collier County Buildin~ Code Compliance Direc~or. ~ invoice will be
~iled ~o ~he lo~ o~er for ~he coa~ o~ aba~emen~ and shall include an
administrative cost of ~25.00 per lot when chis invoice is paid within
thirty (30} days from date of invoice.
B. If the invoice sent by the BuildinI Code Compliance Director
is not paid within the thirty (30} day periodt the Board of County Com-
missioners viii be notified. Thereupon the Board of County Commission
ere, by Reuolution~ shall assess such cost against such parcel.
Such Resolution shall describe the land and show the coat of abatementI
which shall include an administrative cost of ~75.00 per lot. Such
assessments shall be legal, valid and binding obligations upon the
property a~ainst which made until paid. The assessment shall become
due and payable thirty (30} days after the mailin~ of notice of
assessment after which interest shall accrue ac the rate of twelve
percent (12I} par annum on any unpaid portion thereoL
~ C_~. The Chrk shall mail a notice to the record owner or owners of
each said parcels of land described in the Resolution, at the hat
available address for such owner or owners, which notice may be in
substantially the follo~tn[ foml
TO,
ADDRESS,
PROPERTY
NOTICE
You, as the record owner of the property above
described ara hereby advised that Collier County,
F~orida Aid on the day of , 19 ,
order the abatement of a certain ~uisanca existing on
the above property, sanding you notice thereof, such
(hare describe briefly)
A copy of such notice has been heretofore sent you,
You failed to abate such nuisance~ whereupon, it
abated by Collier County at a cost of
Such cost, by rssolu~ion of the Board of County
Commissioners of Collier County, Florida, has been
assessed against the above property on
19 .... , end shall become a lien on the property thirty
(30')"days after such assessment. ¥ou may request a
hsarin2 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 against the property, Said request
for hearing shall ba mads to the Clerk of the Board
of County Commissioners in writing within 30 days
from the date of the assessment.
6 D._~. If the owner fails to pay such assessment within 30 days after
said assessment has been made, the Board of County Commissioners shall
cause a certified copy of the assessment resolution to be filed in the
office of the Clerk of the Courts in and for Collier County, Florida, and
the assessment shall constitute a lien against the property as of the
date of filing such copy with the Clerk of the Courts, and shall be
collectible in the same manner as liens for taxes, with the same
attorney's fee.
9 E._~. Collection of such assessments, with interest and a reasonable
attorney's fee, may also be made by the Board of County Commissioners by
proceedings in a Court of equity to foreclose the lien of the assessment
in the manner in which a lien for mortgages is foreclosed under the lave
of Florida, and it shall be lawful to Join in any complaint for fore-
closure any one or more lots or parcels of land, by whomever owned,
if assessed under the provisions of this Ordinance. The property subject
to lien may be redeemed at any time prior to sale by the owner by payins
the total amount due under said lien including interest, court costa,
advertiein~ costs, and reasonable attorney's fees.
SECTION FIFTEEN, Right to Hearing on Assessment.
A. Prior to the expiration of the thirty (30) days provided in
$[CTION FOURTEEN of this Ordinance, any owner shall have a rtsht to have
a hearing before the Board to show cause, if any, why the expensse and
charges incurred by the County under thio Ordinance are exc.~ssive or
unwarranted or why such sxpsneas should not const,.cute a lien against
said propsrcy providedl that nothing contained in this SECTION is
construed to disturb or peri, it a review of the datsrmination by the Board
of the existence of the public nuisance under SECTIONS T~;ELVE and
THIRTEEN of chis Ordinance.
B. Public hsarinss undsr this SECTION she1! be held by the Board
of County Commissioners upon written application for hearing nads Co the
Clerk of the Board within 30 days after the Resolution of Assessment
described in SECTION FOURTEEN, and an application £or hearins, properly
filed, shall stay the recordin8 of the asssssment until a hsaring has
been held and a decision rendered by the Board.
C, If, after said he·tint, the Board determines that the assess-
ment is fair, reasonable, and warranted, ch· assessment resolution shall
be recorded forthwith. If the Board determines Chat the char·es are
excessive or unwarranted, ic shall direct t~e County Manager to re-
computs the charges and the Board shall hold a further he·tins after
notice to the owner upon the rs-computed charges.
SECTION SIXTEEN. Servin$ of Notice.
The requirement of service of notice under ch· provisions of Chis
Ordinancs shall be mac if such notice is mailed by reiisCsred or
lied mail, return receipt requested, to the owner at the address indicat-
ed on tho records of the C°lliar County Property Appraiser of such lot or
parcel of land for ad valorem taxation purposes and shall be deeusd
served when ~ailed. Failure of such owner Co receive such notice shall
no~ be deemed to be a defense Co any legal proceedinss implemented under
this Ordinance. In addition to Ch· for·soles, if th·re is sn occupied
dvallinS on such lot or parcel, a copy of the notice required in SECTION
TI~LVE o£ this Ordinance shall be served upon ch· occupant of said
building by ull, or personal service, or in · conspicuous place upon the
Xf the mailing address of th~ o~ner is not known then service of
notice on any occupant in possession shall be mufficient, If the mallin$
address of the oyster ie not knov~ and tbs property is unoccupied, the
requirement of such notice under the provisions of this Ordinance
be met if such notice is posted on such lot or parcel.
SECTION SEVENTEEN. Conflict end
In the even~ this Ordinance c~licts with other applicable law, the
~re restric~ive shall apply. If any portion of this Ordinance is in
conflic~ wi~h an Ordinanc~ of any ~unicipali~y within Collier County,
shall no~ be effective within ~he ~nicipali~y to the extant of such
conflict,e
If any section, subsection, sentence, clause phrase or portion of
chis Ordinance is, for any reason, held invalid or unconstitutional by
any court of compe~en~ Jurisdiction, such portion shall ba deemed a
separate, die~inc~ and independen~ provision of such holding shall no~
affec~ ~he validity of ~he remainin8 portion ~hereof.
SECTION EICHTEEN. Penalties.
A viola~ion of any provision of ~his Ordinance is a misdemeanor and
a ~ ~ola~or shall be punished according to law. Each gay ~uring which a
violation exists shall constitute a separate offense. In addition to
civil remedies provided herein, ~he Board of County Co~issioners shall
have ~he power Co collaterally enforce ~he provisions of ~his Ordinance
by appropriate Judicial Wri~ or proceeding no~vi~bs~anding any prosecu-
tion as a misdemeanor.
SECTION NIN~EEN. Effec~ive Da~e.
This ordinance shall ~ake effec~ upon receip~ of notice fr~ ~he
Secrata~ of S~a~e ~ha~ ~his Ordinance has been filed wi~h ~he Secre~a~
of
PASS~ ~ D~Y ~OPT~ by ~he Board of County Co~iestoners of
Collier County, Florida, this 18~h gay of June , 1~ .
COLLI~ CO~, ~ORIDA
'~roved as~ fo~and lesality~ ~ o~
~o~
AllilCan~ County At~o~ey
STATE OF FbORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of~
ORDINANCE 85-33
which was adopted by the Board of County Commissioners during
Regular Session on the 18th day of June, 1985.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of June, 1985.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-Officio to Board of
County Commissioners