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Ordinance 81-73ORDINANCg NO. 81- 7.3 AN EMERGENCY ORDINANCE I{F.I,ATING TO ABANDONEI) [H1OPERTY IN COLI,IER COUNTY, FLORIDA, DEFINING TERMS, PROVIDING FOR PROCEDURES, PI'iNALTIE.G, TIlE EXPENDITURE OF COUNTY FUNDS, FOR SEVi':RABILITY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE DOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Findtngn, P~]rpone and Intent: Since articles of personal property are and will in tho future be abandoned in the streets and on private property within the unincorporated areas of Collier County, and since there are or may in the future be articles of personal property left about the unincorporated area:~ of thc County other than junk yards; and since nuch conditions tend to impede traffic in tho streets or interfere with th~ enjoyment and reduce the value of private property; invite plundering; create fire hazards and other safety and health hazards to children and adult~; interfere with the comfort and we!! being of the public, the purpose of this Ordinance ~ therefore to provide adequate protection of the public health, sa fo, fy and welfare which requires that such conditions bO regulated, abated, or prohibited. Section 2. Dofinit i-ns (1) "Abandoned Property" - An used in this Ordinance means wrecked or deri~lict propnrty having no value other than nominal salvaqe value which ha~ Im~,n loft abandoned and unprotected from tho olement~ a;~d ~Ihall include wrecked, inoperative, or partially dl smant l{,d motor vehicle,, trailer~, boats, machinery, refl'tgorators, wanhi;~q machinoN, plumbi ;lg fixtur~$, furniture, and ~ny other similar article which had been loll abandoned and unprot.oct~,d ~rom the elements. (2} "County# - meann Collier County, florida. {.11 "Enforcement O£ficer" - shall bn tho County Manager or his d~.stgnee, as}~l.tod by any othoy tn¢ltvldual atlthorizod by ]aw, ordinance, or p~llcy adopted pursuant hereto to enforce tho provl.ion, of this Ordinance, (4) "Nominal Salvag~ Value" - an article of abandoned property ~hall be deemed to have a nominal nalvaqe value unions a roanonably prudent man would be led to believe thaa market value of tho property, t.ktn,j into con~td~atto~, useful lifo. earning capacity or replacement ~.t, ~4esh' depreciation and ii.mn nf general or npecial depreciation, wou~ be greater than the co.ts of .atvage including th~ re~a~, ,-, transportation, ntorage and ~alo of name. (5) "Private Property" - a. used in this Ordi~3nco all lands anti improve~n~a other than public ;~ands~ and lmprovomo n t s. (6) "Public Property" - As used tn thi~ Ordinance moans canals, all waterways, lands and improvement., owned by a governmental bolt), or any 9~vernmontal agency including but no~ limited to oaso~nts and rights-of-way. Section 3. ~l, pllcatlon ~l;i' ;., Thin Ordtn~nc~ applic~ to Lbo uulncor~rated aroa~ of Collier County ,gL~lgl~0l~bo cu.,ulattvo to all S'tate laws, County and Municipal ordinances ~.~ hereafter snagged.,,,, ..... ._ Section 4, Placement of Ab,'~ndoned Pro~ort~ Prohtb;[t~rl It shall bo unlawful for any person, firm, or corporation to abandon personal property upon any public propcr~y, or private property withot, t receiving such property-owner's consent or in violation of this Ordinance, or any other applicable law, ordlnnnco, or regulation. Section 5. Public Nulsnnce All abandoned property defined heroin is hereby declared to be a public nuisance, the abatement of which pursuant to tho police power is.hereby declared to bo necessary for the health, welfare and safety of the residents of Collier County. Section 6. Procedure for Notification Whenever the enforcement officer shall determine that an article of abandoned property is present on public or private prop(:rty, ho shall cause a notice to be placed upon such article in sub.'~tantially the following form: "NOTICE TO TIlE OWNER AND ALI, PERSONS INTERESTED IN TIlE ATTACIIED PROPEWPY." Tho property, to wit: (setting forth bt[of de~criptlon) is unlawfully upon public or private property (circle as appropriate) known as {~etttnq forth a brjt, f description of location) and must be remove(] within ten (10) days from the date of this notice; otherwi~]e, Jt she21 be presumed abandoned property an(] wJ]] be removed and destroyed by order of the Board of County Commissioners. Dated this (setting forth tho dote of tho posting of notice) , signed {setting forth nnmo, title, address and telephone number of enforcement nfficor). Such nolice shall be not ]ess than eight (8") inches by ten (]0") inche.,: an{] shall be sufficiently weatherproof to with.~tand normal exposure to the elements during the ten (10) day waiting period. In addition, the enforcement officer ~hall make rna~onable effort to a~.certain the name and address of the owner, and if available shall m~ll a copy of the notice to such person. Section 7. Removal of AI,an..~.t.~me.d_~_Pr(_3Dgr_ty (a) If at the end of ton (10) days after po,ting such nOtiCe, the owner or any person interested in such abandoned property described in tho nnttco ha~ not removed same, onforc~,ment officer may cause tho article or articles of abandmn,d property to bo removed and destroyed, and Lho salvaged value, if any, of such article or a~tlc]e~ sh~ll bo retained by tho local government to be applied against tho cost of removal and destruction thereof. (b) Before sale or destruction, any owner or lien holder of the abandoned property shall be permitted to regain possession thereof upon proof o! ownership or lien righta entitling the lienholder to po.session, upon payment of storage charges and expenne, incurred by the enforcement officer. Section 8. Immediate Removal Whenever, in tho Judgment of tho enforcement officer, the abandoned property constitutes an immediate health or safety hazard it shall Im immediately removed and stored for a porl~l of 10 day~, if pon~iblo, nnd shall thereafter bo sold or de~troyod. Sect.ion 9. Ob:4tructlng [,lnforcoment Officer Whoever opposes, obstructs, or reni,~t~q nny enforcement officer or any person authorized by the enforcement office in tho di~cha rge of his duties as provided in this Section upon conviction shall be guilty of a misdemeanor of tho second degree, punishable as provided in Subsection 775. 082 or Subsection 775.083. Section 10. Tro. r~pass Authorized Any enforcement officer or any person authorizcd by the enforcement officer shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this Section. Section il. ~t. tr, n of Ru](:S, Exp()nditure of Funds, Declaration The Board of County Commissioners is authorized and empowered to adopt rules and regulations and e,,:pend County funds, as may be reasonably necessary to carry out the terms of this Ordin[,nc{.~, thn expenditure of such funds being declared a proper County purposo. Section 12. Au{her!zed Contracts Tho Board of County Commissionnrs in authorized to enter into contracts with any person, firm el corporation, for such period or periods of time, for such consideration and under such conditinn~ as ~hall bo doomed necessary and advisable by the Board or County Commi~:~Joner, for tho purpose of effectuatln~] and carrying out the provisions of tht~ Ordlna~co. Section 13. Penn 1 t io.q Pernons violating th!. Ordinance shall be punished as provided by law for violation of county ordinances. Scctinn 14. Sew, rabilit, y of Invalid If any clause, nec!Ion, or othor part of this Ordinance ~hall be held by any court of competent Jurisdiction to be unconc, titutinna! or invalid, such emcon.!itu!tonal or invalid part ~hall be connidered as eliminated nn{t in no wise affecting the validity of the other provision, of this Ordinance. Suction 15. ,,F,.mo..,r,c/oncy Declared Thl~ Board doe. herr:by declare that an emergency exists and that immediate nnactmont of this Ordinance is necessary, and by no lens than four-firths (4/Sthn) vote of tho me~orship of tho Board doe, hereby waive notice of intent to consider this Ordinance. A certified copy of this Ordinance, an enacted, shall bo filed by tho Clerk of tho ~oard with the Department of S~ate of the State of Florida, as noon after enactment as Is practicable by depositing the same with the postal authorities of tho government of the United ~tntes for special delivery by certified mall, postage prepaid, to the Florida Department of State. Section 16. Effective Date. Thin Ordinance shall take effect as provided by law. PASSED AND DUI,Y ABet'TED by tho Board of County Commissioners of Collier County, Florida, thiu J,3_~]l_ day of November, 1981. ATTP:ST:, . DOARD OF COUHT/~ COMHISSIONERS , . '~' % ,' '~ Chairman .. : /.. ..,,,,. "" ~' "' ' ';' ~' suffJ~/ct~~/~~ Collier County Attorney STATE OF FLORIDA ) COUNTY OF COI,LXER ) X, WILLIAM J. REAGAN, Clerk of Courts in and for tho Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that tho foregoing is a true original of: ORDINANCE NO. 81- 73 which wa,~ adopted by the Board of County CommJsnfoners during Regular Senslon, via emergency procedure, November 17, 1981. WITNESS my hand and tho official seal of the Board of County Commi/1, nionors of Collier County, l.']orida, this 17th day of November, 1981. WI ]',L~ AH J. Clerk of Courts and Clerk Ex-officio to ~onrd of County Cc,mini s~ £oners Deputy Clerk :', ,>:.. Th~s ordinance flledwlth the Secretary of State'~'0~:tce the :' ~4th day of November, 1981 tnd acknowledgemen~ of tha~ ftllh'g received this 30th day of November, 1981.