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Ordinance 73-03'3 S~C~C"I'Ar~Y Ofr STA'Tr March 22, 1973 Mr. Ben D. Driver, Fiscal Officer Board of County Commissioners Collier County Courthouse Naples, Florida 33940 Dear Mr. Driver: "Pursuant to the provisions of Section 125.66, Florida Statutes, this will ~cknowledge your letter of May 20 and two certified copies each of Collier County Ordinances Nos. 73-2, 73-3, and 73-4, which were received and filed in this office on March 22, 1973. The extra copies showing the filing date are being returned for your records. Kindest regards. Cordially, NK/eh Enclosure~ BOOK 1 RICHARD (DICK) STONE Secretary of State B~t ' //,. . (Mrs.) Nanc3 r,,avanaugn Chief, Bureau of Laws PAGE 182-A AN ORDINANCE OF THE COUNTY OF COLLIER, FLORIDA, ESTABLISHING A BUILDING SET-BACK LINE FROM THE GULF OF MEXICO, MAKING CERTAIN FINDINGS OF FACT, PROVIDING CERTAIN EXCEPTIONS, PENALTY, SEVER- ABILITY, PROVIDING THE RIGHT OF APPEAL, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Findings of Fact. It is hereby found and deter- mined that: A. Florida law grants to counties general regulatory authority over building and zoning and specifically grants authority to adopt building regulations and to regulate and redistrict size, location and uso of buildings. In addition, purposes of said law is: (1) To secure safety from fire hazards, water hazards, panic and other dangers; and (2) To promote health and general welfare; (4) County, and the health, welfare, safety and quality To provide adequate light and air; and To protect the nature environment of Co of life. B. THEREFORE, It is' hereby found that: (1). The maintenance of fair and equitable property values is important to the economic welfare of the county. (2) Beach-front property bordering the Gulf of . Mexico is a major natural resource and of particular e~,~ importance in the maintenance of property and human values. · ~, ,; ~ (~) A proper relationship of construction setback (5) The restriction, regulation and prohibition of construction upon accreted lands, and lands subject to erosion is in the be'st in~eres~c~ the present and future BOOK .L PACE .LOG, property owners, and the public; protects individual investments, is in the best interests of the County, to promote tho general public health, safety and welfare, protects economic values, eliminates, or reduces, to all parties concerned the potential cost in installation of erosion control devices, programs, and structures, and reduces or eliminates the neces- sity of beach restoration programs with the accompany- ing public and private expense and resulting ecologic~l damage. SECTION T~O: Unlawful. It shall be unlawful, except as provided herein below, to cause to bo built, permit, allow or suffer the erection, or construction of, and no building permit shall bo issued for any fixtures, building or other construction of any kind or typo within one hundred (100) feet landward of tho vegetation line of the Gulf of Mexico, and one hundred and fifty (150) feet landward of tho mean high-water line'whichever is greater. The term "vegetation line? for the purposes of this Ordinance shall be defined as the natural line landward of which natural and indigenous vegetation, not Australian pines, is growing or would normally grow in the;~absenco of artificial disturbances by causes such as beach buggies, bulldozers or other efforts of man. In those instances where the vegetation line does not appear normal, the vegetation line will be established consistent with contiguous, adjacent or nearby undisturbed pro- perties by considering the relative ground elevations and hori- zontal distances from mean high-water line. Aerial photographs displaying areas prior to artificial modification of the vegeta- tion line shall constitute prima facio evidence of the natural vegetation line. SECTION THREE: Right of Appeal. In any case where the applicant desires to appeal ah administrative determination as to the construction setback line made under the provision of this Ordinance, said appeal shall be filed with the Board of Zoning Appeals in accordance with Chapter 28 of the Code of Collier County, Florida. Each exception, or variance, is subject to affirmative evidence provided by the applicant, at an advertised public hearing, that any construction line established hereunder is a minimum of fifty (50) feet landward of any point or line of erosion that has existed on the applicant's property within the past twenty-five (25) years; and that considering ground elevations in relation to historical storm tides and predicted maximum wave uprush that the general public health and welfare are preserved, upland properties protected and beach and sand dune erosion controlled. SECTION FOUR: Prohibition. Any building, construction, structure or fixture erected, built or constructed in violation of this Ordinance is hereby declared to be a public nuisance and shall be removed, the area restored to its previous condition, and the cost shall become a lien upon the upland property as taxes. Any person guilty of violating any provision of this Ordinance shall be subject to the penalty of a $500.00 fine or sixty (60) days in Jail. Each week an offense continues shall be deemed a separate and distinct offense for the purposes of this penalty. .SECTION FIVE: This Ordinance shall become ineffective, void and of no effect upon the establishment of a Coastal Setback as a result of action taken by the Board of County Commissioners on April 3, 1973, or action taken thereafter, concerning the subject matter of this Ordinance. SECTION SIX: Should this Ordinance conflict with any other law or Ordinance of Collier County, any municipality therein, or any of the laws of the State of Florida, the more restrictive shall apply. In order to carry out the legislative intent of protec- ting the public health, safety, welfare, well-being and preserving present and future public and private interests, this Ordinance shall be liberally construed. If any portion, word, or phrase of this~Ordinance, or its application to any natural, or artifi- cial person, or circumstance is held invalid, the remaining portions, and their application to other persons and circumstances shall not be affected. SECTION SEVEN: Effective Date. The Board does hereby waive notice requirements by a four-fifths vote and declare that an emergency exists and that the immediate enactment of this Ordinance is necessary. This Ordinance shall become effective when accepted by the United States Postal Authorities. SECTION EIGHT: Instructions to the Clerk. The Clerk is hereby instructed to send a certified copy of this Ordinance to the Office of the Department of State by registered United States mail and special delivery as soon as practicable. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 16th day of March, 1973. BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA ... ~).~%Ma~g~,.() :.:,~ .,~cott Cliffbrd F. Wenzel,~rChair~ ./~ :' '~ CI~,'~ L:'~rcuit Court ~ ~':/.~:i~,:~:'~ ~: ~;; APPROVED AS ~ FORM AND LEGALI~ ~ ~ ~ ~.~ .....~ ~ ~4', .~ .' . '... ~,~': ....... f, ~%.+f f~- ~. ~ ~~ '%. "~. ~'" . j.~:" David Emerson B~uner County Attorney Original and duplicate mailed. So. the Secretary of State, Certified Mail NO. ~'J~7 this 20th day of March, 1973. Ben D. Driver, C. P. A. Fiscal Officer, Deputy Clerk.