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Ordinance 77-29ORDINANCE NO. 77-29 AN ORDINANCE RELATING TO WORK IN TIlE PUBLIC RIGHTS-OF-WAY; REQUIRING A PERMIT FOR WORK IN ~IE PUBLIC RIGHTS-OF-WAY; PROVIDING STANDARDS FOR THE ISSUANCE OF PERMITS; PROVIDING AN APPEAL PROCEDURE WHERE PERMITS ARE DENIED; PLACEMENT OF OBJECTS GROWN, CONSTRUCTED OR PRESENTLY EXISTING IN THE PUBLIC RIGHTS-OF-WAY; PERMIT TO RETAIN OBJECTS GROWING, TO BE CONSTRUCTED OR EXISTING IN THE PUBLIC RIGHTS-OF-WAY ; PROVIDING AUTHORITY TO REMOVE OR DISPOSE OF DETRIMENTAL MATERIALS LOCATED WITHIN ~{E PUBLIC RIGHTS-OF-WAY; PROVIDING FOR THE ASSESSMENT OF COSTS AGAINST THE RESPONSIBLE PARTY; PROVIDING FOR A M~THOD 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 tions shall obtain: ~ 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 planned or pre-engineered drainage, impair normal maintenance by the County, or have the potential to do any of the foregoing. The definition of offending material shall not include objects placed, grown, or constructed in the public rights-of-way which con~titu~ a part of the right-of-way landscaping design of an ~J~pFo~d subdivision, as evidenced by the Final Construction .~_s-- and Specifications of said approved subdivision ~m~ ~'~ ~ 2. Responsible Person: ~ ~ ~ a. Shall mean the ~erson, firm, governme~ :~ agency corporation, association, depa~men~ or authori~y under whose control and ~re~on offending materials have been placed in the Collier County right-of-way; or b. 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 upon which the offending material has been placed. 3. Existing Facility: Shall mean any hole, excavation, obstruction, construction, or other distrubance 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 THREE: PERMITS 1. It shall be unlawful for any person, firm, govern- mental agency, corporation, association, department or authority, to dig, excavate, obstruct, place any constructions 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, without first obtaining a permit for such work from the County Engineer, or as specified in Public Rights-of-Way Construction Standards Handbook. 2. Application for permit shall be made on forms  rovided by the County and such application shall include, ut 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 a~d for a reasonable fee as established by the Board of County Commissioners 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. 3. a. The 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 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 County Engineer within thirty (30) days of the issuance of the notice of delay. The expiration of the thirty (30) day period shall thereupon act as a Notice of Denial. b. Where the County Engineer denies the issuance of a permit, the applicant may rppeal 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 Denial. The applicant may then appear before the Commtssione and present facts supporting his position. There-after, the decision of the County Commission shall be final. 4. a. Permits shall not be issued unless the proposed construction conforms to one of the followinM; in the case of any conflict, the more restrictive shall apply: (1) Handbook for Collier County Standards for Construction Within Public Rights-of-Way (Current Edition). (2) Construction methods or specifications con- tained in Florida D.O.T. Standard Specifica- tions for Road and Bridge Construction. (Current Edition). (3) Manual of Uniform Minimum Standards for HANDBOOK LOCATED IN DOCUMENT FILES - ' "ORDINANCES - EXHIBITS" Design, Construction and Maintenance for Streets and Highways. (Florida Department TransportaLlon, Curret%t Edition) In the event standards for the proposed con- struction are not contained in the references listed in 4.a., the County Engineer, guided by sound engineering principles, shall, in his discretion, determine the advisability of granting a permit for the proposed construction. 5. The County may, in its sole and unrestricted dis- cretion 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 permittee. 6. All work performed under the permit shall be at the complete expense of the permittee. SECTION FOUR: REMOVAL.OF OFFENDING MATERIAL 1. Any offending material shall be deemed a public nuisance and be subject to removal by County forces. When apprised of the presence of offending material, the County shall notify (by certi- fied mail with return receipt) the responsible person or persons; such notification shall require the removal of the offending material within thirty (30) days. 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. If deemed critical to the safety of the traveling public 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. After removing the offending material and after notifying the responsible person (by certified mail with return receipt), the 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 ~he rate of six (6%) percent per annum from the , date of such certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at anytime hy payment thereof including any accrued interest. Notice of such lien may be filed in the office of the Clerk of the :,.. Circuit Court and recorded among the public records of Collier County, Florida. [_ Ll [:/3 L_-::I_ If the responsible person feeXs that the expense certified by the County En§ineer to the Fiscal Officer for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Con~£ssion, with a copy to the County Clerk, within ten (10) 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 Commission shall be final. The Tax Collector shall keep complete records relating to the amount payable for liens, as described in Section Three, 1.d. and the amounts of such liens shall 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 thc public right-of-way without prior approval by the County. SECTION FIVE: PENALTY, SEVERABILITY, CONFLICT, 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. Severability: If any section, sub-section, 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 appl:,, If any part of this Ordinance conflicts with any other part, it shall he severed and the remainder shall have full force and effect and be liberally construed. 4. Effective Date: This Ordinance shall become effective upon becoming law. DATED: June 7, 1977 ;"'~AI LLIAM/J~,AN .. ., . Clerk ,~ ... · BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Collier County Attorney This ordinance filed with the Secretary of State's office the 10th day of June, 1977 and acknowled~mnt of that filing received this l~th day of June, 1977. STATE OF FLORIDA ) 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 NO. 77-29 which was adopted by the Board of County Con~issioners during Regular Session June 7, 1977. WITNESS my;'hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of June, 1977. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of County Commissioners