Ordinance 76-14ORDINANCE NO. ..76-14
AN ORDINANCE P~LATING TO GARBAGE, TRASH, RUBBISH
LIQUID ~STES, GRASS, ~EEDS AND OTHER NATURAL
GROWTH; PROHIBITING T}{E TRANSPORTATION OF SAME
EXCEPT IN ENCLOSED COHTAINERS~ PROHIBITING
DUMPING OF S~4E IN ANY PUBLIC OR PRIVATE PLACE~
PROHIBITING THE OPeN BU~ING OF SA?~; PROVIDING
FOR A PE~4IT FOR OPEN BU~{ING; PROHIBITING
COMPOSTING OR BURYING OF ~4~ IN PUBLIC OR PRI-
VATE PLACES; PROHIBITING THE ACCUMULATION OF
S~4E; DECLARING ACCUMULATION OF S~.~ TO BE A
PUBLIC NUISANCE; PROVIDING FOR A DETERMINATION
OF SAID ACCUMULATIONS AS A NUISANCE BY THE
COUNTY; PROVIDING FOR NOTICE TO THE OWNER OF
LOTS OR PARCELS OF LAND UPON WHICH S~.~,, NUI-
SANCES ARE ~INTAINED; PROVIDING FOR a ~UBLIC
1[EARING TO DETE~4INE TH~ EXISTENCE OF SUCH
NUISANCES; AUTHORIZING THE COUNTY TO PERFO~4
NECESSARY ~ORK TO ABATE SUCH NUISANCE UPON THE
FAILURE OF THE OWI{ER TO DO SO; PROVIDING FOR A
METHOD FOR THE ASSESSMENT OF TKE COST OF SUCH
ABATEMENT TO SUC~ LOT OR PARCEL OF LAND; PRO-
VIDING THAT SUC~ ASSESSMENT S~{ALL CONSTITUTE A
LIEN UPON SAID LAND AND PROVIDING FOR F/~THODS
FORECLOSURE AND COLLECTION OF SAID LIEN; PRO-
VIDING FOR NOTICE OF ASSESSmeNT AND HEARING
THEREON; PROVIDING FOR A ~THOD OF GIVING
NOTICE TO THE O$~{ER OF SUCH LAND AND THE DETER-
MINATION OF THE ADDRESS OF SUCH O~{ER; REPEALING
ORDINANCE NU~.~ERS 70-4, 70-~, 70-12, 70-13, 72-10
AND 73-4; PROVIDING FOR CONFLICT AND SEVERANCE;
PROVIDING FOR PENALTIES~ PROVIDING AN EFFECTIVE DATE.
DE IT ORDAINED BY THE BOARD OF COUNTY CO~4ISSIONERS OF COLLIER
COUNTY, FLORIDA~
PART I~ DUMPING, TRANSPORTATION, CO~OSTING
AND BURYING OF GARBAGE, TRASH, WEEDS, LIQUID
WASTES, GRASS AND OTHER NATURAL GROWTH.
SECTION ONE.
It shall be unlawful for any person to dump or cause to be
dumped or place or cause to be placed any garbage, trash, weeds,
liquid wastos, grass and other natural growth upon.any public
place or any lake, pond, stream, canal or waterway ~n Collier
County except at dump sites commonly used for such purposes and
provided and approved by the Board of County Commissioners of
said County.
SECTION TWO.
It shall be unlawful for any person to dump or cause to be
dumped or place or cause to b~ placed any of the things described
in SECTION ONE of this Ordinance upon any private place the property
of another in Collier County without the consent of the owner of
such property first obtained in writing.
SECTIOn! THRFE.
It shall be unlawful to transport any of the above materials
on and over the public roads of Collier County, Florida, unless
the same be done in enclosed containers.
SECTION FOUR.
"Enclosed container" shall mean, for purposes of this Ordinance,
any container whose physical structure is such as to prevent
enclosed materials from falling out, spilling, blowing out by
wind action, or coming out by another accidental means during
transport, and shall include but not be limited to garbage cans,
boxes, truck bodies capable of being enclosed and any other
container sufficient to prevent the accidental scattering or
leaking of said materials on the public roads.
SECTION FIVE.
It shall be unlawful to compost or bury on any place, public
or private, except on a landfill designated by the County, any of
the items described in SECTION ONE of Chis Ordinance. However,
such tempesting or burying may be done as provided by the State
Sanitation Code, with approval of the Health Department. The
spreading of grass clippings over the property of the owner, or
over the property of another with his permission, is not prohibited.
This Section shall not be deemed to prohibit a homeowner from
tempesting for a private garden or for ornamental plante.
SECTION SIX.
"Composting" shall mean the mixing together, above ground in
a pile or in a recessed area below ground, of two (2) or more items
of leaves, plants, grass clippings, brush, tree limbs, trunks,
stumps, palm fronds, trash, garbage~ vegetables, or vegetable
wastes, grease and/or other waste material.
PART II: OPEN BURNING OF GARBAGE, TRASH,
WEEDS, LIQUID WASTES, GRASS
AND OTHER NATURAL GRO~rfH.
SECTION SEVEN.
It shall be unlawful for any natural or. artificial person
to cause, permit, allow, suffer or condone the open burning
of garbage, Crash, debris, grass, weeds, wood, or ocher
material or natural growth; dead or alive; severed or
severed from real property within the confines of any sub-
division or development a plaC of which has been recorded in
the public records of Collier County, Florida; or within one-
quarter (1/4) of a mile of any occupied dwelling units or
transient lodging establishment vtthouc a permit issued by
the County tianager or his designee.
SECTION EIGHT: Permit; application, appeal~
A. A burning permit may be obtained by letter appli-
cation to the County Hanager, describing the location, number of
dwellings within 1/4 mile, quantity and type of material Co be burned,
thc time(s) and da~e(s) the applican~ desires Co burn material, pre-
cautions that shall be taken co minimize hazards, smoke and fumes,
and the name, address and telephone numbers of the applicant and
otmer of the property involved, and any other information thac
may be required ~o mee~ the intent of Chis Ordinance.
B. The County Manager or his designee shall, prior
to issuance or donial of any permit, c°nsidar the information
contained in the application in conjunction with ~h~ prevailing
winds, weather including humidity and inversion conditions,
and the probablliCy of hazards or obnoxious smoke and/or fumes.
C. Appeal~ Any person adversely affected by a
decision of the County Manager in the enforcement or interpre-
tation of chis Ordinance may appeal by filing a written no,ice
of appeal co the County Commission with a copy Co the Clerk Co.
the Board within ten (10) days after such decision. Such person
may presen~ facts supporting his position a£cer which the
decision of the County Commission shall be final.
SECTIOH NINE.
"Open Burning" is defined as the intentional burning of any
of the materials listed in SECTION SEVEII hereof nec
confines of an incinerator designed for the purpose and which
burning permits the emission of smo~e or noxious fumes co escape
into the atmosphere.
PART IZIo ACC~tULATION OF GARBAGE, TRAS~
~EDS, LIOUID WASTES, GRASS AND
OT]]ER NATURAL
SECTION TEN. Declaration of public Nuisance.
The accumulation of garbage, trash, weeds, liquid wastes,
grass and other natural growth such as tO constitute a fire or health
hazard ia hereby declared to be a public nuisance when any such
accumulation shall be located within 100 feet of any improved pro-
perry, dwelling house, or commercial building, or, notwithstanding
tho distance from any improved property, dwelling house oF comer-
cial building, within any recorded subdivision in Collier County
except Golden Gate Estates.
SECTION ELEVEN. Abatement of Nuisance.
A. Whenever the County Manager shall determine that
a public nuisance as deucribed in SECTION TO; herein exists, he
shall cause a notice to be served on the owner or owners of said
property as provided for in SECTION FIFTEEN, informing them of
the existence of the nuisance in substantially the following form;
NOTICE
TO:
ADDRESS:
PROPERTY~
DATE
You, as the owner of record of the property above
described are hereby notified that the County
Manager of Collier County, Florida, on the
day of , 19 , determined
th'at a nuisance exiSts"~'6'n suc~"~0perty, caused
by
(list briefly the details}
You are hereby notified that you must abate this
nuisance within thirty day~, failing in which the
Board of County Commissioners will have it done
and the cost thereof will be levied as an assess-
ment against such property. You are further notified
that should you de,ire to contest the County Manager's
determination of the existence of a public nuisance,
you may apply for a hearing before the Board of
County Commissioners of Collier County. Such request
for hearing shall be made in writing to the Clerk
to the Board of County Commissioners within 15 days
from the date of this notice.
B. If the property owner or someone in his behalf
has not abated the nuisance as described in said notice within
thirty (30) days from the date of the giving of notice as afore-
said, the County shall forthwith abate the same and shall
through its employees, servants, agents or contractors be
authorized to enter upon the property and take such steps as
are reasonably required to effect abatement.
SECTION TI?ELVE. public.}Iearin~ on Nuisance.
A. A property owner may request a public hearing
to contest the determination of the existence of a nuisance
by requesting same in writing to the Clerk of the Board of
County Commissioners within 15 days of the date of the notice
provided for in SECTION ELEVEN. The Clerk shall set a date
for said hearing and shall notify the owner in writing.
B. At said public hearing, the owner or occupant
of such lot or parcel of land or any interested person shall
have the right to present any relevant or material facts or
evidence as to why such lot or parcel does not create a public
nuisance or why the cost of the abatement of such nuisance
should not be paid for by the owner of said lot or parcel or
why the cost of the abatement of such nuisance should no~ be
assessed against such lot or parcel.
C. If after ~aid hearing, the Board determines that
the condition or situation exists as set forth in the finding
of nuisance the Board shall pass a resolution declaring the
nature of the nuisance, describing the lot or parcel of land
involved, or portions of such lot or parcel of lan~ ~nvolved,
determ.[ning the name of the owner of such land, and shall serve
a copy of said resolution on the owner. Said owner shall have
ten (10) days from the date of such resolution to correct the
condition and situation described in such resolution. In
case the owner fails to c~rrect said condition or s~tuation
within said ten (10) day period the County shall take such
measures as necessary to abate said nuisance and remedy the
condition or situation set forth in said resolution and the
costs of said work and its administration shall be taxed to the
owner and shall become a lien against such lot or parcel of
land as provided in this Ordinance. Authorized representatives
of the County shall have the right to go upon such land described
in said resolution at all reasonable times to abate said nuisance
and to remedy the condition or sltuation routed to exist.
D. If after said hearing, the Board determin~s that
the condition or situation set forth in the certified finding
of nuisance and the prima facie determination of nuisance do
not exist, then such notice to the owneT or occupant shall be
considered forthwith null and void and of no effect, and no
action shall be taken by the County in regard to such oondttton
at that time. Notice of such determination shall be forthwith
sent to the owner or occupant of such lot or parcel of land.
SECTION THIRTEEN. Assessment for~ Nuisance.
A. As soon after such abatement as feasible, the
cost thereof to the County as to each parcel shall be calculated
and reported to the Board of County Commissioners. Thereupon
the Board of County Commissioners, by Resolution, shall assess
such cost against such parcel. Such Resolution shall describe
the land and show the 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 percent (6%} per annum on any Lnpaid 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:
TO:
ADDRESS:
PROPERTY:
NOTICE
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 o.--~--~ certain'nuisan6e
ext'~-~ing on the above property, sending you
notice thereof, such nuisance being
(here describe briefly)
A copy of such notice has been heretofore sent
you. You failed to abate such nuisance~ where-
upon, it was abated by Collier County at a cost
of $ Such cost, by resolution
of the Board of Coun[y Commissioners of Collier
County, Florida, has been assessed against the
above property on , 19 , and
shall become a 1ich on the property t-'~'i~ty (30)
days after such assessment. You may request a
hearing before the Board of County Commissioners
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 ih writing
within 30 days from the date of the assessment.
C. If the owner fails to pay s~;-.h assessment within 30
days after said assessment has been made, the Board of County
Commissioners shall cause a certified copy of the assessment
resolution to be filed in the office of the 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 the Board of
County Commissioners by proceedings in a Court of equity to
foreclose the lien of the assessment in the manner in which
a lien for mortgages is foreclosed under the 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, if
assessed under the provisions of this Ordinance. The property
subject to lien may be redeemed at any time prior to s&le by ~
the owner by paying the total amount due under said lien including
interest, court costs, advertising costs, and reasonable attorney's
fees.
SECTION FOURTEEN. ~ight to Hearing on Assessment.
A. Prior to the expiration of the thirty (30) days provided
in SECTION THIRTEEN of this Ordinance, any owner shall have a
right to have a hearing before the Board 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 a lien against said property provided;
that nothing contained in th~s SECTION is to be construed to
disturb or permit a review of the deter~aination by the Board
of the existence of the public nuisance under SECTIO}~S ELEVEN
and TWELVE of this Ordinance.
B. Public hearings under this SECTION shall be held by the
Board of County Commissioners upon written application for hearing
made to the Clerk of the Board within 30 days after the Resolution
of Assessment described in SECTION TMIRTEEN, and an application
for hearing, properly filed, shall stay the recording of the
assessment until a hearing 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 exces~ive or unwarranted, it shall direct
the County Manager to re-compute'the charges and the Board shall
hold a further hearing after notice to the owner upon the
re-computed charges.
SECTION FIFTEENS. Serving of Notice.
The requirement of not,ce 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 of such owner to receive such not,'ce shall not bm ~._
deemed to be a defense to any legal proceedings implemented
under this Ordinance. In addition to the foregoing, if there
is an occupied dwelling on such lot or parcel, e copy of the
notice required in S~CTION ELEVEN of this Ordinance shall be
served upon the occupant of said building by mail, or personal
service, or in a conspicuous place upon the property.
If the mailing address of the owner is not known then
service of notice on any occupant in possession shall be
sufficient. If 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 is posted on such lot or parcel.
SECTION SIXTEEN. ~epeal of previous Ordinances
Ordinance numbers 70-4, ?0-5, 70-12, 70-13, 72-10 and 73-4
are hereby repealed.
SECTION SEVENTEEN. Conflict and Severance.
In the event this Ordinance conflicts with other applicable
law, the more restrictive shall apply. If any portion of this
Ordinance is in conflict with an Ordinance of any municip&lity
within Collier County, it shall not be effective within the
municipality to the extent of such conflict.
If any section, subsection, sentence, clause phrase or portion
of 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
shall not affect the validity of the remaining portion thereof.
SECTION EIGHTEEN. Penalties.
A violation of any provision of this Ordinance is a misdemeanor
and a violator shall be punished according to law. Each vi01ation
shall constitute a separate offense. In addition to the civil
remedies provided herein, the Board of County Com~issioners shall
have the power to collaterally enforce the provisions of this
Ordinance by appropriate Judicial Writ or proceeding notwithstanding
any prosecution as a misdemeanor.
SECTION NINETEEN. Effective Date.
This Ordinance shall take effect upon receipt of notice
from the Secretary of State that this Ordinance has. been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this 23rd day of .. March , 1976.
ATTEST ~
· )4ARGANET ,T. SCOTT, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIE~CODt~TYt FLORIDA
C,~RJ"RUSS'' Wi~m~, Chairm~n
Collier County Attorney