Loading...
Ordinance 78-53ORDINANCE NO. 78-53 AN EMERGENCY ORDINANCE RELATING TO THE MOVING OF BUILDINGS OR STRUCTURES IN THE UNINCORPOP~.TED AREA OF COLLIER COUNTY; REQUIRING THE ISSUANCE OF A PERMIT THEREFOR; PROVIDING STANDARDS FOR THE ISSUANCE OF A PER/.[IT; PROVIDING THAT IT SHALL BE UNLAWFUL TO MOVE A BUILDING OR STRUCTURE WITH-. .' OUT FIRST SECURING A PERMIT; PROVIDING DEFINITIONS EXCEPTIONS, PENALTIES, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. C~ WliEREAS, it has come to the attention of ~he Board oc°f County Commissioners that a number of buildings or stz[66~t.~, es i~-th&s County have been or are being moved from locatt~n the a~a known as the "Big Cypress Purchase Area" to oth~.=~L%cati~s ~n Collier County, and _~ m WHEREAS, in many cases said buildings or structures do not · meet the current Collier County Building, Electrical, Plumbing and other related, codes, having been constructed prior to the enactment of said codes and/or having been allowed to deteriorate to the point where they no longer meet said codes, and WHEREAS, said buildings have been or may be moved to locations where said buildings or structures do not meet current zoning codes, and WHEREAS, the movement of said buildings or structures ~ ~ other locations has the effect of defeating the purpo~? of ~ ~ public protection for which these codes were adopted; ~_ o~ f~f% NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY~OMMI~ SIONERS OF COLLIER COUNTY: ~ ~ SECTION I.' It ~hall be unlawful for any person, firm, or corporation to move any building or structure .~rom any location in the unincor- porated area of Coliter County to any other location in Collier County without first obtaining a permit therefor. SECTION II. A. Permit~ shall be issued' by .the Building Official of Collier County. B. No permit shall be issued unless the following standards are met: 1. The building or structure in its present location meets all current Building, Electrical and Plumbing codes as determined by an inspection of the building or structure. 2. The building or structure, in its present locatton~ is not a dangerous or hazardous building as defined by Section Eight of Ordinance 76-70 as.. determined by inspections of the building or structure by the fire inspector, health inspector, and struc- tural stability inspector, as the same are designated by said Ordinance 76-70. 3. The building or structure in its present location meets all zoning requirements of the zoning district to which ~he structure is to be moved with regard to such zoning requirements of the structure itself such as building area, overhan§s, height, type of construction, and any other requirements which may be applicable to structures in the particular zoning district. It is the intent of this subsection to require structures to meet these requirements before the structure is moved. 4. At the time of application for the permit the applicant shall pay a non-refundable fee of $100.00 which shall be used to cover the costs of the inspec- tions required herein and other costs of adminis refine this Ordinance. SECTION III. A. As used herein, "buildings" shall mean any structure, either temporary or permanent, having a roof impervious to weather, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind. This definition shall include tents, awnings, cabanas, or vehicles situated on private property and serving in any way the function of a building, but does not include screened enclosures not having a roof impervious to weather. B. As used herein, "structure" shall mean anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location or or in the ground. SECTION IV. The provisions of this Ordinance shall not apply to the following buildings or structures: A. Temporary construction sheds or trailers when being placed temporarily on property during the construction process by a person or firm engaged in the business of construction. ,, .. B. "Lawn sheds" or similar small buildings for storage on residential lots. SECTION V. Penalty. Violation of this Ordinance is punishable as provided by law for the violations of county ordinances. Each day an offense exists shall be considered a separate offense. Prosecution as a misdemeanor shall not preclude other remedies available in law and equity. SECTION VI. Severability. It is the intention of the Board of County Commissioners that each separate provision of this Ordinance shall be deemed independent of all provisions herein, and it is further the intention of the Board of County Commissioners that if any provision of this Ordinance be declared to be invalid, all other provisions shall remain valid and enforceable. SECTION VII. Emergency and Effective Date. Be it declared that an emergency exists and the immediate enactment of this Ordinance is necessary, therefore, notice requirements are waived and this Ordinance shall take effect immediately upon its placement in the United States mail to the Secretary of State. This Ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED this 10th day of October, 1978. BOM OF COUNTY CO~ISSIO~RS COLLIER CO~TY, FLORIDA ~,o~ A. PIS~O~ '"/ / Chairman Approved 'as ~o~ and legal Don~I~ A.'-~ckwOr th Collier County Atto~ey This ordinance filed with the Secretary of State's Office the 13th Day of October 1978 and acknowlegment o~.that filing received this 16th D~Y_Pf October, 1978./ STATE OF FI,ORIDA ) COUNTY OF COLLIER ) I, WILLI~ J. REAGAN, Clerk of Courts in and for the ~.mntieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original ORDINANCE NO. 78-53 which was adopted by the Board of County Commissioners during Regular Session ' October 10 ..., 1978.' WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day. of October .,, 1978. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners .(