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Ordinance 74-08ORDINANCE NO. 74- 8 AN ORDINanCE PROHIBITING THE OPERATION OF VEHICLES UPON BEACH SAND DUNES; PROHIBITING THE DAMAGE TO O~ REMOVAL OF VEGETATIO~ THEREON; PROHIBITING REMOVING ANY MATERIAL FROM OR. ALTERING THE ELEVATION OF SAND DUNES; PROVIDIMG EXCEPTIONS, PROVIDING FOR SPECIAL CERTIFICATION, PROVIDING AN APPEAL, PROVIDING SEVERANCE, CONFLICT AND PENALTY CLAUSES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County .Gulf Coast's highest and best use is as a source of public and private recreation and one of the areas. most important and valuable assets and resources of critical concern for the future development of the County, and WHEREAS, the recreational use, aesthetic value, and protection of land provided by the delicately balanced beaches and dunes is a primary resource of important economic, re6~eational and aesthetic value to the visitors, citizens and landowners to and of Collier County, and ~ ~ W]IEREAS, the value of this resource, i~ not degraded, ~_1~-- "~ continue to increase,, and continue to increase, and ~?. ~ ~ WHEREAS, 'the value, of this resource, if not degraded,-~ --~1~'~1"1 continue to increase, and ~ :~: ~ WIIEREAS, sand dunes inhibit adverse beach erosion, sta~iz~ and nourish gulf beaches and are highly susceptible to degrade- . tion and destruction, and improper development wi1.1 cause such degradation and destruction causing deterioration of this valuable resource and irreversible economic, recreational and aesthetic loss to landowners, citizens, and visitors. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CC/NTY 'COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Paragraph 1. of SECTION TWO of Ordinance 73-5 be and is hereby amended by re-numbering the paragraph numbered "1.~ to read "l.a" and by addition of the following subparagraph b.: "b. Sand Dune ProteCtion. 1) For the purpose of this Ordinance a "sand dune" is 'the mound or dune of sand typically fo.r~ned along and landward of the line of highest gulf wave action and where such line is clearly defined and undisturbed typically forms the vegetation line. In any area where there is no clearly marked vegetation line it is considered to be the a~erage of the lines of vegetation on each side of the area to establish a line of constant elevation reached by the highest waves. Such line shall not be affected by occasional sprigs of grass seaward of the dune or artificial fi!l, turf or other artificial changes in the natural vegetation or elevation. 2) It shall be unlawful to cause ~o be materially altered a s~nd dune, or the vegetation growing thereon, such as by: excavating; moving large amounts of sand or earth; trampling a sand dune with construction or building equipment, or erecting a footing, foundation, wall or by similar action without first securing a permit by exception or variance from the Collier County Board of County Commissioners as provided for hereinafter; . 3) Prior to beginning construction in proximi~to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten (10) feet landward of the dune. It shall be unlawful to cause or all6w construction and related activity seaward of such f,nce. Each permit for such work shall clearly indi- cate the provisions of this Ordinance and the protective measures to be taken." SECTION. TWO: Savings! Penalty and Effective Date. 1. This Ordinance is declared to be remedial in nature and therefore shall be liberally construed, to effectuate its purpose. If any provision of this Ordinance, or the application thereof, is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall not affect any other provision or application and shall not af~ct the validity of the remaining portign hereof. 2. Any persbn violating any provision, of this Ordinan'6e shall be guilty of a misdemeanor subject to punishment aS-provided by .law. If such a violation is continuing, each day's violation or separate act shall be a separate offense. 3. In addition any penalties incurred by violation of this Ordinance, or other legal remcdy, the violator shall be required to restore the dune area to its original condition including but not limited to restoration of grade, indigenous trees, grasses and other vegetation and materials to the natural condition. SECTION THREE: Appeal. Where any person shall be aggrieved by a decision of the Board of County Co~nissioners, said aggrieved person may within fifteen (15) days from the date of the disputed decision by the Board of County Commissioners request a re-hearing of said Board. In such event, said Board may in its discretion grant or deny said request for re-hearing. If said request for re-hearing is denied, the aggrieved person may appeal as otherwise ~rovided in · general law. THIS ORDINANCE shall become effective upon receipt of n~tice that this Ordinance has be~n filed with the Florida Secretary of .State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~th'day of. March , 1974. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legality: David Emerson Brunet Collier County Attorney Original and duplicate mailed to the Secretary of State, Certified Mail No. . ~801~;~ on this ~th day of March , 1974. Ben D.' Dri~o~, CPA · Fiscal Officer, Deputy Clerk ~0OK ~ ~ ~ ~O