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Ordinance 82-091ORDINANCE IlO. 02-Pl AN ORDINANCE WIIICII RESCINDS AND SUPERSEDES ORDINANCE NO, 77-29 AND WHICH REGULATES WORK IN TIE PUBLIC RIGIITS-OF-WAY; REQUIRING A PERMIT FOR WORK IN TIlE PUBLIC RIGIITS-OF-WAY; PROVIDING STANDARDS FOR TIlE ISSUANCE OF PERIqITS; PROVIDIt(G AN APPEAL PROCEDURE WHERE PERMITS ARE DENIED; PLACEI4ENT OF OBJECTS GROWN, CONSTRUCTED OR I'IUiSE)ITLY EXISTI~(G IN TIlE PULiLIC RIGIITS- OF-WAY; PERIqIT TO RETAIN OBJECTS GROWING, TO lIE CONSTRUCTED OR EXISTI~IG IN TIlE PUBLIC RIGHTS-OF-WAY; PROVIDING AUTHORITY TO REMOVE OR DISPOSE OF DETRIMENTAL MATERIALS LOCATED WITHIN THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR TIlE ASSESSMENT OF COSTS AGAINST THE RESPONSIBLE PARTY; PROVIDING FOR A METHOD OF APPEAL OF ASSESSMENT; PROVIDING A PENALTY; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: PURPOSE This Ordinance is intended to protect the public against hazards resulting from private construction in the public rights-of-way and to protect the structural and physical integrity of County-owned facilities and materials including, but not limited to soils, bridges, roads and drainage facilities. It is to be liberally construed to produce that result. SECTION TWO: DEFINITIONS For the purpose of this Ordinance, the following definitions shall apply: 1. Offending Material: All objects placed, grown, or constructed in the public rights-of- way, without a permit, which endanger the public, damage the roadway, restrict existing or planned drainage, impair normal maintenance by thec:~ County, or have the potential to do any of the foregoing. The d~.tniti~k,~ ---r'l of offending material shall not include objects placed, grown, or'~qconstrg, gted'] in the public rights-of-way which constitute a part of the right-Of-way ~ landscaping design of an approved subdivision, as evidenced by the~Final ~ ~ Construction Plans and Specifications of said approved subdiviston~ ~, ~ 2. Responsible Person: ~ a. Shall mean the person, firm, governmental agency, co~orati~, association, department or authority under whose control and direction offending materials have been placed in the Collier County right-of-way; or Where the identity of the party, under whose control and direction the offending material was placed in the right- of-way, remains unknown after diligent inquiry, shall mean the owner of the property u~on which the offending material has been placed. 3. Existing Facility: Shall mean any hole, excavation, obstruction, construction, or other disturbance of the existing structure and compaction of the soil in any public right-of-way, completed prior to the adoption of this Ordinance, for which a permit has not been granted. SECTION TIIREE: PERMITS 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 and compaction of the soil in any right-of-way provided for the public use in the unincorporated areas of Collier County, Florida and also in those public rights-of-way maintained by Collier County but which lie within municipal boundaries without first obtaining a permit for such work from the Public Works Administrator/ County Engineer, or as specified in the Collier County Public Rights-of-Way Construction Standards Handbook. 2. Application for permit shall be made on forms provided by the County and such application shall include, but not be limited to, the following information: a. The location of the construction; b. The type of facility to be constructed; c. The method of construction to be used; d. The expected time for completion of construction; The permittee shall be held responsible for the conditions of the permit and for a reasonable fee as established by the Board of County Con~nissioners sufficient to defray the County's cost of processing his application. Application shall also include sketches and drawings in duplicate to show completely the nature of the proposed construction. The Public Works Administrator/County Engineer 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 of delay is issued, that notice shall state the maximum time period within which the Public Works Administrator/County Engineer 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 Public Works Administrator/ County Engineer within thirty (30) days of the issuance of the notice of delay. The cxpiratton of the thirty (30) day period shall thereupon act as a Notice of Denial. Where the Public Works Administrator/County Engineer 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 Dental. The applicant may then appear before the Commission and present facts supporting his position. Thereafter, the decision of the County Commission shall be final. Permits shall not be issued unless the proposed construction conforms with the most current editions of the following; in the case of any conflict, the mere restrictive shall apply: il) (:~) Handbook for Collier County Standards for Construction Within Public Rights-of-Way. Construction methods or specifications contained in Florida Department of Transportation (F.D.O.T.) Standard Specifications for Road and Bridge Construction and The F.D.O.T. Road Design Standards. (3) lhe Hortda Department or Transportation Manual of Untform l4tntmum Standards for Design, Construction and Maintenance for Streets and ttighways. (4) Collier County Subdivision 'Regulations. b. In the event standards for the proposed construction are not contained in the references listed in 4.a., the Public Works Administrator/County Engineer, is directed to require as part of the additional Conditions and/or Stipulations sidewalks/bikeways, and where applicable traffic control devices and roadway improvements, as part of the permit and thereby granting a permit for the proposed construction. 5. The County may, in its sole and unrestricted discretion require a bond deposit, or other security, sufficient to guarantee adequate, proper and faithful performance of the proposed use of the public right- of-way by the permtttee. 6. All work performed under the permit shall be at the complete expense of the permittee. 7. The County Engineer 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 FOUR: REMOVAL OF OFFENDING MATERIAL 1. Any offending material shall be deemed a public nuisance and be subject to removal by County forces. a. When apprised of the presence of offending material, the County shall notify (by certified mail with return receipt) the responsible person or persons; such notification shall require the removal of the offending material within thirty (30) days. L. After expiration of the thirty {30) day period, the County shall cause the offending material to be removed and disposed of in a reasonable manner at no expense to the County, and at the complete expense of the responsible person or persons. c. If deemed critical to the safety of the travelling public and/or to protect public property, the offending material may be removed without notice to and at the complete cost of the responsible person or persons, and at no expense to the County. d. After ten'eying the offending material and after notifying the responsible person (by certified mail with return receipt), the Public Works Administrator/County Engineer shall certify to the Fiscal Officer the expense incurred in remedying the condition, thereupon such expense 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 {ll%) percent per annum from the date of such certification until paid. Such lien shall be enforceable in the sane manner as a tax lion 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 tho Circuit Court and recorded among the public records of Collier County, Florida. ~..~e. If t~ responsible person feels that the expense certified b'~th~ Public Works Administrator/county Engineer to the ~:' [t~cal Officer for removal of the offending material is ~u =- ~xCesstve, he may appeal the amount assessed by filing a ~: '~' ~ttten notice of appeal with the County Commission, with .~ a'copy to the County Clerk, within ten (1el 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 Comm!sston shall be final. f. The Tax Collector [hall keep complete records relating to the amount payable for liens, as described in Section Three, 1.d. and the amounts of such liens sh.all be included in Tax Statements thereafter submitted to the owner of lands subject to such liens. 2. During the execution of any authorized work in the public right-of-way, Collier County shall not be held responsible or liable for the destruction of any existing facility located or placed in the public right-of-way without prior approval by the County. SECTION FIVE: PENALTYt .S.EViEPJ~BILITYt CONFLICT~ RESCISSION AND EFFECTIVE DATE. 1. Penalty: Any person, firm, corporation, association, governmental agency, department or authority violating any provision of this Ordinance, or the conditions of a permit issued hereunder, shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.083 of the Florida Statutes, and shall upon conviction be punished according to law. Each day the violation continues shall constitute a separate offense. 2. Severabtltty: If any section, subsection, clause, sentence or phrase of this Ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this Ordinance. 3. Conflict: Should this Ordinance conflict with other law, the more restrictive shall applY. If any part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and be liberally construed. 4. This Ordinance rescinds and supersedes Ordinance No. 77-29, adopted on June 7, 1977. 5. Effective Date: This Ordinance shall become effective upon becoming law. PASSED AND DULY ADOPTED BY the Board of County Commissioners of Collier County, Florida this 28th day of Sept.m(~t:er , 1982. ATTEST: BOARD OF COUNTY CO~IISSIONERS WILLIAM J. REAGAN, C~'tT)~ OF COLLIER COUNTY, FLORIDA '" ' t 'l ' 74 .': " b ~,~,t '.%".':,.~.;. ..','~ O£~tce the ~th ~ay o~ Oc~oDe~ ~z an~ ~cKn~w~e ~'," ""?,';; '" ~ aC ~tZ~na ~ece~ved th~s 8th ~ay et ucto~e~, . ., ., ..,-.',., ,' ? ~ t~ ~ ~ ~ . · uepuC7 Clerk - STAT]': OF FLOR/DA COUNTY OF COLLI~-R I, WILLIAM J. REAGAN, Clerk of OeuVre in and fo~ the Twontieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original ofl O~D~ NO. 82-91 which was adopted .by the Board of County Commissioners during Regular Session September 28, 1982. WITNESS .my hand and the official seal of the Board County Commissioners of Collier County, Florida, this 29th day of ?~pt~nber, 1982. WII,LIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of ............... County Co~ission~r~ ,," ,,,, ~...., ;c, ' ... ,?....:::.'....'.... ~/ Deputy CI~f~k .,....;' ,' : ~:. ,,, :~ i '