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Ordinance 75-19O~DINANCE NO. 75-19 AT; OR{)£~IA~;CE ESTABLISHING TqE COASTAL CONSTRUCTION SETBACK LINE FOR COLLIER COUNTY, PROVIDING FOR TIIE GRANTING OF VARIANCES THEP~FRO~a, PROVIDING A PENALTY, PROVIDING FOR CIVIL REMEDIES, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY CO~4ISSIOMERS OF COLLIER COUNTY, FLORIDA: SECTION O~E: ESTABLISHMENT OF SETBACK LINES. There is hereby established for Collier County, a coastal construction setback line, which shall be that coastal construction setback line established by the Depart- ment of Natural Resources of the State of Florida pursuant to Section 161.053 of the Florida Statutes and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the Public Records of Collier County, Florida. SECTION TWO: REVIEW AND CHANGE OF SETBACK LINES. Setback lines established under this Ordinance shall be reviewed upon petition of affected riparian upland owners~ The Board of County Commissioners of Col].ier County ~11 decide, after due public notice and hearing, whether ~han~F~ in tho setback line Is Justified, and shall notify t$oner in writing. The present setback lines are pres~ to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minim~ of one hundred fifty feet (150') landward of the mean high water line or seventy five feet (75') landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. SECTION TH[~EE: PROIIIBITED ACTIVITIES SEAWARD OF SETBACK LINES. It shall be unlawful for any person, firm, or corporation to construct any structure, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged such sand dune or the vegetation growing thereon, seaward of said coastal construction setback line, except as hereinafter provided. SECTION FOUR: VARIANCES. (a) If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably continuous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the Board of County Commissioners. (b) The Board of County Commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. SECTION FIVE: Procedure for obtaining variance. A. A written petition requesting a variance from the established setback line shall be filed with the Board of County Commissioners. The petition shall set forth: 1. A description of petitioner's property; 2. A description of the established setback line; 3. A description of the line which petitioner wishes the existing setback line to be varied; 4. The grounds upon which petitioner relies for the granting of the variance. B. The Board of County Commissioners shall, within E]ixty (60) days of the filing of tho petition, hold a public hearing thereon upon due public notice. C. Due public notice shall mean at least fifteen (15) day's notice of the time and place of such hearing published one time in a newspaper of general circulation in the area. D. The Board of County Commissioners shall notify petitioner in writing of its decision within fifteen (15) days of the public hearing. E. Any person aggrieved by a decision of the Board of County Commissioners granting or denying a variance may apply to the Circuit Court of the Circuit in which the property is located for judicial relief within thirty (30) days after rendition of the decision by the Board of County Co~nissioners. Review in the Circuit Court shall be by petition for writ of certiorari and shall be governed by the Florida Appellate Rules. SECTION SIX: Penalty. A violation of any provision of this Ordinance is a misdemeanor and shall be prosecuted in the name of the State in the County Court by the Prosecuting Attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The Board of County Commissioners shall have the po%~er to collaterally enforce the provisions of this Ordinance by appropriate Judicial Writ or proceeding notwithstanding any prosecution as a misdemeanor. Severance. If any 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 and such holding shall not affect the validity of the remaining portion. Civil Remedies. In addition to or in lieu of the penalties provided by general law for the violation of ordinances, the ]~oard of County Commissioners may bring injunctive action to enjoin the construction or compel the removal of struc- tures constructed in violation of this Ordinance. Effective Date. This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. D~ted: /9?n'L ?~//77~ BOA~ OF CO~.T~ CO~IS~O.E~, COLLIER CO~Y, FLORIDA I~GA~T T. SCOTT ~ ~- ~. C~ of Circuit Court ~ '~omas P. Archer, Chairma~