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Ordinance 80-032ORDINANCE NO. 80-32 AN EMERGENCY ORDINANCE ESTABLISHING A MANDATORY LET~L~L YELLOWING DISEASE INOCULATION PROGRAM; DECLARING COCONUT PALMS SUSCEPTIBLE TO BEING INFECTED WITH LETHAL YELLOW- ING DISEASE TO BE A PUBLIC NUISANCE; PROHIBITING THE SALE OF THE COCONUT PALM KNOWN AS THE JAMAICAN TALL; REQUIRING MANDATORY INOCULATIONS; PROVIDING FOR A PUBLIC NOTICE; PROVIDINC FOR PR0CEDU~a TO INDICAT~ CO~PLI^NC~.I PROVIDINC NOTICe. TO NON-COM~L¥INC PROPERTY OWNERS; AUTHORIZING ABATE/~ENT BY COLLIER COUNTY; VIDING F?R A PUBLIC HEARING' ON THE EXISTENCE OF ~ ~_ NUISANCE, PROVIDING FOR ASSESSMENT ON PROPERTY W~N A NUISANCE IS ABATED BY COLLIER fOUNTY; PROVIDINd~._ ~ ~ }{EARING TO CONTEST AN ASSESSMENT. PROVIDING A OF SERVING NOTICE TO PROPERTY OWNERS; CONFLICT AND SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING IMMEDIATE EFFECTIVE DATE. ~ ~P ~tEREAS. the plant disease known as lethal yellowing affects twenty-four (24) plant species especially the coconut palm (cocos nucifera) and the Christmas palm (vettchta merillii) thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viable plant species, and; WHEREAS approximately 26.275 coconut palms currently exist within Collier County, and approximately 200,000 coc6nut palms have already been killed within Florida due to lethal yellowing. WHEREAS, the loss and destruction of the coconut p~mwom~4TM_ constitute an ecological disa,tar as wall as an aesthet~ and~ ~ - O ~ economic loss to the citizens and residents of Collier ~unty~ ~ and; ~ ~ WHEREAS. preventive inoculation of coconut palms with antibiotics is the only known and reco~nized method of suppres- sing the lethal yellowing disease, and results in remission or stoppage of lethal yellowing symptoms, and; WHEREAS. the continued health of existing coconut palms promotes the economic welfare and general prosperity of Collier County. and the welfare of the public would be best served by an effective mandatory inoculation and preservation program to treat and protect the coconut palms currently existing within Collier County, coupled with a program of planting and placement of disease-resistant palms in lieu of the cultivars susceptible to the lethal yellowing disease, and, WHEREAS, incidents of trees manifesting the symtoms of lethal yellowing disease have occurred since March 17, 1980 and that this constitutes a public emergency threatening the health, welfare and safety of the citizens of Collier County, and WHEREAS. Collier County has plenary power to abate a nuisance that affects the residents and citizens of Collier County; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Public Nuisance. The threat of infection of coconut palm trees (cocos nucifera) with a plant disease known as the lethal yellowing disease, is hereby declared to be a public nuisance. All species of coconut palm infected with lethal yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. SECTION TWO: It shall be unlawful for any person, corporation, partner- ship, association or organization to sell or offer for sale, within Collier County, any coconut palm tree known as the "Jamaican Tall". SECTION THREE: Unlawful Activities and Mandatory Inoculations. It shall be unlawful for any owner of any lot or parcel of land within Collier County to permit or maintain on any such lot or parcel of land any coconut palms of the species cocos nucifera without providing inoculation and treatment for same as approved by the Director of the Agriculture Department of Collier County. It shall be the duty and the responsibility of the owner of any such property or parcel of land to have inoculated any and all such trees with an antibiotic approved by the Director of the Agriculture Department of Collier County. Such inoculations shall be performed three (3) times a year, approximately every 120 days, with inoculations to be performed beginning with a time period starting on the effective date of this Ordinance. with follow-up treatments occurring three (3) times a year at approximately 120-day intervals followin8 the initial treatment prosram. In order to comply with the initial treatment program that begins on the e££ective data of this Ordinance, all coconut palms (cocos nucifera) shall be treated within thirty (30) days of a public notice being placed a paper of general tion in Collier County. SECTION FOUR: PUBLIC NOTICE place a public not£ca in a paper of general circulation published within Collier County, In order to inform the property owners of their duties and responsibilities under this 0rdinanca. Such notice shall ba in substantially the following form: NOTICE OF REQUIRED INOCULATION O~ COCOI~ PAWS Pursuant to Ordinance No. 80-B2of Collier County all o~nars of any lot ~azcel o~ land within Collier Catty ar~ r~qu~r~d co have inoculated all coconut palm trm~m nucifera) located on their lot or parcel o~ land. Thi~ inoculation ~y b~ donm by m contractor r~cainmd by ~oll~r ~o~ty or by any licensed and approved organ~%ation lng on behal~ o~ any property o~r, with an ~ncib~o~ie approvmd by thm D~ctor o~ Department o~ Agricultur~ o~ Collier Every coconut palm t~m ~hall bm inoeula~d within B0 day~ ~rom thm dat~ o~ ~hm publica- tion o~ ~hi~ no~ic~ ~n a pap~ o~ gmn~zal circulation in Col~imr County, SECTION FI~: During th~ ~imm p~iodm mtatmd abov~ ~or agentm or eoncraccor~ mhall trmat all coconut pmlm~ o~ thm mp~ciem coco~ nuci~era, unl~m p~oo~ that pzop~ ~noculation w~chin ck~rcy (30) day~ prior co ~hm ~c~vm dacm o~ ~hi~ Ordinance ha~ been per~o~d Em provided to Collier County, agents, contractors or e~loyeem, o~ the property o~e~ ham a pre-ex~scing agreement wi~h an approved ozgmn~%ation, corpora- t~on, ~ndiv~dual or agency to hav~ h~m~h~r tr~m properly within thirty (30) day~ ~rom th~ ~ctEv~ dat~ o~ th~ Ordinane~. An approved organi%mt~on, corporation, Endiv~d~l or i~ on~ which ha~ been approved ~o pro~d~ th~ tr~at~nt co abate the lethal yello~ng d~m~a~ by thm D~r~c~or o~ Department o~ Agriculture o~ ~oll~r ~o~ty and which ba~ licensed by the Scats of ~lorida ~par~ent o~ Agr~eultur~ to perfo~ said treatment. ~e o~er o{ any parcel of lan4 upon which palm trees located mhall b~ liable ~o~ th{}~nm~a lncurr~4 by Oil County, its asante or contractors in treating the affected coconut palm tree or trees, SECTION SIX: Those individuals who do not avail themselves of the treat- ment provided b7 Collier CountT'l agents, contrectors or amploTaes as stated above in SECTION FIVE my have their trees inoculated or treated by an organization, agency or individual licensed and approved by the Director of the Department of Agriculture of Collier County provided that the procedure and the antibiotic used have been approved by the Director of the Department of Agriculture of Collier County. All property owners who utilize the procedure contained within this section must, within five (5) days of having the treatment performed submit to the Director of the Department of Agriculture of Collier County an affidavit of compliance in substantially the following form: I/we the record owner(s) of property situated at hereby (legal description, or street ad'tess) attest that on I/we inoculated or had (date of inoculation) inoculated coconut palm trees (cocos nucifera) (number of trees) located on the aforesaid property, in accordance with the procedures approved by the Director of the Department of Agriculture of Collier County. Subscribed and sworn to before me this ..... day of Notary Public My Commission Expires: SECTION SEVEN= Upon receipt of the affidavits of compliance from the pro- perry owner or owners as provided in SECTION SIX of this Ordinance, the Director of the Department of Agriculture of Collier County may ascertain and make a determination of compliance with the provisions of this Ordinance. During the 30-day time period described in SZCTION FOUR for compliance with the provisions of this Ordinance, the Director of the Department of Agriculture or his designee shall make a determina- tion of and compile a list of those Individuals owning land or parcels of property within Collier Coun:y upon which coconut palm trees (cocos nucifera) are located who have not complied with the provisions of this Ordinance. Upon compiling the list of non- complying property owners, the Director of the Depar:ment of Agriculture of Collier County shall then cause to be mailed, by certified, return receipt mail, a notice to those property owners not complying with the provisions of this 0rdinan=e, · notice in substantially the following form= NOTICE To: Address: Property: You, aa the owner of record of the property above das- cribed, upon which coconut palm trees ara located are hereby notified that pursuant to Collier County Ordinance No. 80-_3/__, the Director of the Department of Agri- culture of Collier County on the day of , 1980, has determined thaC a nuisance exists upon such property caused by the existence of coconut palms, in number susceptible to being infected with the lethal yellowing disease. YOU ARE HEREBY NOTIFIED that you must abate this · nuisance within ten (10) days by having said coco- nut palm or palms treated with an antibiotic approved by the Director of the Department of Agriculture of Collier County, failing in which the Board of County Commissioners of Collier County will have it done and the cost thereof will be levied as an assess- ment against such property. You ara further notified that should you desire to contest the determination of the Director of the Department of Agriculture of Collier County of the existence of a public nuisance, you may apply for a hearing before the Board of County Commissioners of Collier County. Such request 011 for hearing shall ba mede in writing Co the Clerk of cha Board of County Commissioners within five days from Cha dace of receipt of this notice. If the property owner or someone in his behalf has not abated the nuisance as described in slid notice within ten (10) days from the date of the giving of notice as &foreseid, the County shall forthwith abaca cbs same and shall through its employees, servants, agents or contractors be authorized co enter upon thc property, and Cake such steps as ara reasonably required co effect abatement. Agents, employees, or contractors of Collier County, for purposes of inspection, taking of specimens, and applying Crest- manes co cha coconut palms as directed in chis Ordinance shall have access aC all reasonable hours Co any premise where the presence of lethal yellowing is suspected. SECTION EIGHT: PUBLIC HEARING ON NUISANCE. (a) A property owner may request · public hearing to contest the deter~tnation of the existence of a nuisince by requeatin$ same in ~ritins Co the Clerk of the Board of County Commissioners within five (5) days of the da~e of the notice provided for above. The Clerk shall sec a dace for said hearing as expeditiously as possible and shall notify the owner in ~rriting. (b) Ac said public hearing, Cbs owner or occupant of such lot or parcel of land or any interested person shall have the right to present any relevant or m~terial facts or evidence as to why such loc or parcel does hoc create a public nuisance or ~hy the cost of the abatement of such nuisance should not be paid for by the owner of said loc or parcel or why the cost of the abate- ment o£ such nuisance should not be assessed against such lot or parcel. (c) If after said hearing the Board deter-minas that the condi~ion or situation exists as set forth in the finding of nuisance, ~he Board shall pass a resolution declaring the nature of the nuisance, describing the lot or parcel o£ l~nd involved, or portions of such lot or parcel of land involved, determining the name of ~he owner of such land, and shall serve a copy of said resolution on the owner. Said owner shall have five (5) days from Cbs dace of such resolution to correct the condition and situation described in such resolution. In case the owner fails to correct said condition or situation within said five (5) day period the County shall take such measures as necessary co abate said nuisance and remedy the condition or situation aec forth in said resolution and Cbs costs of said work and administration shall be taxed Co the owner and shall become a lien against such loc or parcel of land as provided in this Ordinance. Authorized representatives of the County shall have the right Co go upon such land. described in said resolution ac all reasonable times Co abate said nuisance and to remedy che condition or sicuation found Co exist. (d) If after said hearing the Board determines that the condition or situation sac forth in the certified finding of nuisance and the prima facie determination of nuisance do nec exist, chert such notice Co the owner or occupant shall be con- sidered forthwith null and void and of no effect, and no action shall be taken by the County in regard to such condition aC Chat time. Notice of such determination shall be forthwith sent co tbs owner or occupant of such loc or pa=tel of land. SECTION NINE: ASSESSMENT FOR ABATINO NUISANCE. (a) As soon after such abatement aa feasible, or upon the treatment being provided as stated in SECTION FIVE above, the coat thereof Co the County as to each parcel shall be calculated and reported to the Board of County Com~aissioners. Thereupon the Board of County Commissioners, by resolution, shall assess such cost against such parcel. Such re~oluCion shall describe the land and show Cbs cost of abatement including administrative costs actually incurred by the County with respect thereto. Such assessments shall be legal, valid and binding obligations upon the property against which made until paid. The assessment shall become due and payable thirty (30) days after the mailing of notice of assessment after which interest shall accrue at the rate of six (6) per cent per annum on any unpaid portion thereof. .(b) 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 form: NOTICE Address: Property: 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 nuisance existing on the above property, sending you notice thereof, such nuisance being (here describe briefly) A copy of such notice has bean 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 thtr-~ (30) days after such assessment. You may request a hearing before the Board of County Commis- sioners 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 be made to the Clerk of the Board of County Commissioners in writing within 30 days from the date of the assessment. (c) If the owner fails to pay such assessment within thirty (30) days after said assessment has bean made, the Board of County Commissioners shall cause a certi- fied copy of the assessment resolution to be filed in the office of tbs 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. (d) Collection of such assessments, with interest and a reasonable attorney's fee, may also be made by tbs Board of County Commissioners by proceedings in a court of equity to foreclose the lien of the assessment in tbs manner in which a lien for mortgages is foreclosed under tbs laws of Florida, and it shall be lawful to Join in any complaint for foreclosure any one or more lots or parcels of land, by whomever owned, 011 if assessed under the prov~sions o£ this The proper~y sub~ec~ ~o lien may be redeemed a~ any ~ime prior to sale by ~he o~er by payin$ ~he co,al am~un~ due under said lien in~ludins ~n~eres~, cour~ costs, adver~iein~ costs, and reasonable a~orney*s fees, SECTION TEN: RIGHT TO HEARXNG ON ASSESSI{ENT. (a) Prior to the expiration of the thirty (30) days provided in this Ordinance any owner shall have a right =o have a hearing before the Board to sho~cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should no= cons=i- tuts a lien against said property provided; that nothing contained in chis Ordinance ia to be cons=rued =o disturb or permit a review of the determination by the Board of the existence of =he public nuisance under this Ordinance. (b) Public hearings under this Ordinance shall be held by the Board of County Commissioners upon written application for hearing made to the Clerk of the Board within thirty (30) days after the resolution of assessment described above, end an application for hearing, properly filed, shall stay ~he recording of the assessment until a hearin~ has been held and a decision rendered by the Board. (c) If, after said hearing, the Board determines that the assessment is fair, reasonable and warranted, the assessment resolution shall be recorded forthwith. If the Board determines that the charges are excessive or unwarranted, it shall the County Manager to re-compute the charges and the Board shall hold a further hearing after notice to the owner upon the computed charges. SECTION ELEVEN: SERVING OF NOTICE. (a) The requirement of notice under the provisions of this Ordinance shall be met if such notice is mailed by registered or certified mail, return receipt requested, to the owner at the address indicated on the records of the Collier County property appraiser of such lot or parcel of land for ad valorem taxation purposes and shall be deemed served when mailed. Failure ok such owner to receive such notice shall not be deemed to be a defense to an7 legal proceedings implemented under this Ordinance. Xn addition to the foregoing, If there is an occupied dwelling on such lot or parcel, a copy of the notice required in this Ordinance shall be served upon the occupant o£ said building b7 mail, or personal service, or in a conspicuous place upon the property. (b) I~ the mailing address of the owner ia not known then service of notice on any occupant in possession shall be suffi- cient. I£ the mailing address of the owner is not known and the property is unoccupied, the requirement of such notice under the provisions of this Ordinance shall be met if such notice ia posted on such lot or parcel. SECTION TWELVE: CONFLICT AND SEVEP~A~CE.. (a) In the event this Ordinance conflicts with other applicable law, the more restrictive shall apply. If any portion o~ this Ordinance is in conflict with an ordinance of any munici- pality within Collier County, it shall not be effective within the municipality to the extent of such conflict. (b) If any section, subsection, sentence, clause, phrase or portion o~ this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding and'shall not affect the validity o£ the remaining portion thereo£. SECTION THIRTEEN: PENALTIES. A violation of any provision of this Ordinance is a mis- demeanor and a violator shall be punished according to law. Each violation shall constitute a separate offense. In addition to the civil remedies provided herein, the Board of County Cou~nis- sioners shall have the power to collaterally enforce the pro- visions of this Ordinance by appropriate Judicial w~it or pro- ceeding notwithstanding any prosecution as a misdemeanor. SECTION FOURTEEN: EMERGENCY. Be it declared that an emergency exists and the l~maediate enactment o~ this Ordinance is necessary, therefore, notice 011 r^celOl requirements are waived and this Ordinance shall take effect immediately upon its placement in the United States mail to the Secretary of State. SECTION FIFTEEN: The Clark of th~s Board is hereby directed to cause this Ordinance to be published within tan (10) days of this effective date in a daily newspaper of general circulation. SECTION SIXTEEN: Tbs provisions of this Ordinance shall remain in full force and effect only until July 1, 1980, at which time it shall be deemed repealed. PASSED AND DULY ADOPTED on this ~ day of ~, 1980. STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA eL~F,13RD WENZEL//CHAIRMAN App~ed as to f~erm~n~al v- Dor ald A. Pfc~f~fft~'~'-'~ ~' ' Collier Cowry A==o~ey 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 NO. 80-32 which was adopted by the Board of County Commissioners during Regular Session via emergency procedure April 1, 1980. WITNESS my hand and the official seal of =he Board of County Commissioners of Collier County, Florida, this 3rd day of April, 1980. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board County C~mmiseloner~ ' ...-' BYvt~gir~R Magr ._~ .DePt. This ordinance filed with the Secretary of State s Of~e the. 8.th..... day of April, 1980 and acknowledgement of that filing re~d.~his llth day of April, ~~ , , ~ · '~