Ordinance 2000-023~-0~?-8~ ORDINANCE NO. 2000- 2 3
FIF-~ EN (15) DAYS; PROVIDING FOR ADDITIONAL MEANS OF
ICE; AUTHORIZING THE COUNTY TO ABATE THESE NUISANCES
~S COSTS IF DEEMED TO BE COST-JUSTIFIED BY IN-HOUSE
COSTS-BENEFITS ANAYLSIS; PROVIDING THAT THIS ORDINANCE IS
NOT APPLICABLE WITHIN ANY MUNICIPALITY THAT HAS THEN
ADOPTED ITS OWN LETHAL YELLOWING ORDINANCE; REMOVING
INCARCERTATION AS A POSSIBLY PENALTY; PROVIDING THAT
CERTAIN HEARINGS ARE TO BE HELD BY A CODE ENFORCEMENT
BOARD RATHER THAN THE BOARD OF COUNTY COMMISSIONERS;
UP-DATING PROVISIONS OF NOTICE FORMS; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the plant disease know as Lethal Yellowing affects over thirty (30) plant
species and specifically attacks the Coconut palm (Cocos nucifera) and the Christmas palm
(veitchia memillii), thereby posing a continuous and dangerous threat to the existence of the
Coconut palm as a viable plant species; and
WHEREAS, Lethal Yellowing poses a threat of substantial damage to and loss of
property, and as such, the threat thereof is considered an "emergency" as defined in Chapter
252, Florida Statutes; and
WHEREAS, the loss and destruction of the Coconut palm would constitute an ecological
es d
disaster as well as an aesthetic and economic loss to the citizens and r i en C~lier
County; and > z'~ ,,,,
WHEREAS, preventive injection of Coconut palms with antibiotics is the ort}y.~lmo~an,dT]
recognized method of suppressing the Lethal Yellowing disease, and results in e~iss~n ~
stopping of the Lethal Yellowing symptoms; and
WHEREAS, the continues health of existing Coconut palms promotes the economic
welfare and general prosperity of Collier County, and the welfare of the public would be best
served by a mandatory injection and preservation program to treat and protect .the Coconut
palms currently existing within Collier County; and
WHEREAS, Collier County has plenary power to abate public nuisances that affect the
residents and citizens of Collier County; and
WHEREAS, the County hereby desires to shorten response times, provide for additional
forms of notice to owners, and authorize the County to elect to abate these nuisances at its own
costs if cost justified based upon in-house cost-benefits analysis.
NOW, THEREFORE, BE IT ORDA1NED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No.
89-69. as amended, is hereby further amended to read as follows;
SECTION ONE: Title and Citation.
This Ordinance shall be know and may be cited as the "Collier County Lethal Yellowing
Disease Ordinance".
SECTION TWO: Applicability.
This Ordinance shall apply to and be enforced in all areas of Collier County except in
each municipal corporation that has then adopted an Ordinance to control the I,ethal Yellowing
Disease by removal of trees and/other similar remedial measure~,
SECTION THREE: Definitions.
The following words, phrases or terms as used in this Ordinance shall have the following
meanings unless the context clearly indicates otherwise:
A. PUBLIC NUISANCE: The treat of infection of Coconut palm trees (Cocas
nucifera) with a plant disease known as the Lethal Yellowing disease, is hereby declared to be a
public nuisance. All species of Coconut palm infected with the Lethal Yellowing disease or any
carrier of said disease are also hereby declared to be a public nuisance.
B. COCONUT PALMS: Means all Coconut palms of the species Cocos nucifera
except for those threes known as Malayan or Maypan Coconut palms.
C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or
caused by man, which results in or may result in substantial damage to and/or loss of property.
SECTION FOUR: Declaration of Lethal Yellowing Emergency.
Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and
formalities otherwise required of political subdivisions in order to take whatever prudent action
is necessary to ensure the health, safety and welfare of the community in the event of a state of
emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his
absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby
designated and empowered to declare a local state of emergency in the event the threat of the
Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is
unable to meet. The determination that such an emergency exists in the case of Lethal
Yellowing shall be made upon the recommendation of the Public Services Administrator or
designee.
2
Words underlined are additions, words struok through are~ deletions.
SECTION FIVE: Extent of State Of Emergency.
Upon declaration, the state of emergency from the Lethal Yellowing disease shall
continue until a determination by the Public Services Administrator or designee that the threat or
danger no longer exists, a recommendation is made to terminate the state of emergency, and such
termination is approved by the Board.
SECTION SIX: Authorized Emergency Measures.
In addition to any other powers conferred by law, by the Public Services Administrator or
designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence,
may order and promulgate all or any of the following emergency measures to be effective during
the period of such declared emergency, and with such limitations and conditions as he may deem
appropriate to protect against damage or loss of property by Lethal Yellowing:
LL/ Require the mandatory inoculation of all Coconut palm trees in 'all areas designated by
the Public Services Administrator or designee for inoculation.
~ Require the removal of all trees infected by Lethal Yellowing, as determined by the
Public Services Administrator or designee.
(3) Utilize all available resources of the County government as reasonably necessary to cope
with the emergency, including expenditures not to exceed Twenty Thousand Dollars
($20,000.00) in arly fiscal year, for the survey of the existing Coconut palm tree population, the
inoculation of County-owned Coconut palms, the inoculation of privately-owned Coconut palms
in non-compliance with this Ordinance, the removal of infected trees on County-owned property
and on private property when the owner has failed to comply with owner-mandated innoculatiort,
removal, or other obligations mandated under this Ordinance, and other reasonable costs
pursuant to the implementation of this Ordinance.
L41 Notwithstandinff any other provision of this Ordinance, the Public Services
Administrator, based on in-house cost-benefits analysiS, may have suspected trees inoculated (or
have such trees removed) in lieu of mandating such inoculation and/or removal by the
landowner.
(5) Curtail the transportation of Coconut palms into or out of Collier County.
SECTION SEVEN: Designation of Areas of Mandatory Inoculation.
The areas in which mandatory inoculation is required shall be designated on the basis of
the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection
from Lethal Yellowing as determined by the Public Services Administrator or designee. The
3
Words underlined are additions, words atruok through ar~i deletions.
boundaries for the areas requiring mandatory inoculation shall be set by the Public Services
Administrator or designee.
SECTION EIGHT: Unlawful Activities and Mandatory Inoculations.
(a) Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of
land within Collier County and within an area designated for mandatory inoculation to keep or
maintain any Coconut palms without providing inoculation and treatment for ~f same as
approved by the Public Services Administrator or designee.
(b) If inoculation by the owner is mandated, it shall be the duty and the responsibility of the
owner of any such property or parcel of land to have inoculated any and all such trees with an
antibiotic approved by the Public Services Administrator or designee.
(c) Such inoculations shall be performed three (3) times a year, every one hundred to one
hundred and twenty (100-120) days, with inoculations to begin within'thirty (30) fifteen (15)
days of public notification of mandatory inoculation. Trees which were inoculated within ninety
(90) days prior to public notification of the state of the emergency may continue inoculations at
intervals of one-hundred to one-hundred twenty (100-120) days ~'om the last inoculation,
provided proof of that inoculation is given to the Public .Services Administrator or designee
within thirty (30) days after public notification.
SECTION NINE: Public Notice.
Fifteen (15) thirty (30) days prior to the roquired owner-mandated inoculation periods as
indioated in g~otion Nino, the County Managor Administrator of Collier County is hereby
authorized direotod to place a public notice in a paper of general circulation published within
Collier County, in order to inform the property owners of their duties and responsibilities under
this Ordinance. Such notice shall be in substantially the following form:
NOTICE OF REQUIRED INOCULATION
OF COCONUT PALMS
Pursuant to Ordinance No. 89-69, as amended of Collier County,
Florida, all owners of any lot or parcel of land within the following
designated geographic boundaries:
are required to inoculate all Coconut palm trees (Cocos nucifera)
located on their lot or parcel of land. This inoculation may be done
by any contractor designated or approved by the Public Services
Administrator acting on behalf of any property owner and using an
antibiotic approved by the Public Services Administrator, or
designee. Those individuals who do not wish to avail themselves
of a certified inoculation contractor may inouclate their trees them
selves with material and techniques which have been approved by
the Public Services Administrator or designee. Every Coconut
palm tree within the geographic boundaries shall be inoculated and
4
Words underlined are additions, words t;truok through are~ deletions.
the inoculations are to be performed within thirty (30) fifteen (15)
days from the date of the publication of this notice in a paper of
general circulation in Collier County, Florida. Those Coconut
palms currently on an inoculation program and whose most recent
inoculation was within ninety (90) days of this public notification
may maintain their current inoculation schedule as long as written
proof is provided to the Public Services Administrator of the last
inoculation.
SECTION TEN: Liability of Owner for Costs.
(a) Within the time period referred to in Section Nine for owner-mandated inoculation of
Coconut palms, the owner of the parcel of land on which said trees are located must himself
inoculate or make provision for inoculation of his trees by contractors who have been approved
by the Public Services Administrator or designee to provide the treatment necessary to abate the
Lethal Yellowing disease.
(b) If the owner fails to provide for inoculation, the owner of any parcel of land upon which
palm trees are located shall be liable for the expenses incurred by Collier County, its agents or
contractors, in treating the affected Coconut palm tree or trees.
SECTION ELEVEN: Inoculation By Owner.
f~ Any property owner may at any time inoculate his/her own trees; provided, however, if
any such inoculation is made after the Public Service Administrator has decided that such
inoculations is required, the antibiotic and treatment procedures used must be approved by the
Public Services Administrator or designee.
(b) All property owners who inoculate arty tree(s) after the Public Service Administration
has determined such inoculation is required must, within ten (10) days of having the treatment
performed, submit to the Public Services Administrator or designee written proof of purchase
for materials and equipment used in this treatment, and an Affidavit of Compliance in
substantially the following form:
Affidavit of Compliance
STATE OF FLORIDA
COUNTY OF COLLIER
I/We,
property
description
, the record owner(s) of
situated at (legal
or street address) hereby attest that on
, (date of injection). I/We injected or
had injected (No. of trees) Coconut palm trees
(Cocos nucifera) located on the aforesaid property, in
accordance with the procedures approved by the Public
Services Administrator or designee. I further attest that
the receipts attached hereto are offered as proof of
5
Words underlined are additions, words struok through ar~ deletions.
purchase of the matedais and equipment
treatment of all Coconut palm trees.
FURTHER, AFFIANT SAYETH NOT.
SWORN TO AND SUBSCRIBED BEFORE ME this
of ,4-920.__
used in
day
Notary Public
My Commission Expires:
SECTION TWELVE: Determination Of Compliance With Owner-Mandated Inoculation.
(a) All contractors approved by the Public Services Administrator or designee to inoculate
Coconut palms (Cocos nucifera) and participating in inoculation must submit a list of inoculated
trees within five (5) days of inoculation to the Public Services Administrator or designee. These
lists should include name of property owner, address, number of Coconut palms located on the
property, and the number of Coconut palms inoculated. Failure to notify the Public Services
Administrator or designee of all inoculations may result in loss of inoculation certification bX
that contractor.
1~ After the thirty (30) fifteen (15) day time period described in Section Ten for compliance
with provisions of Section Twelve and Thirteen, the Public Services Administrator of designee
shall make a determination of, and compile a list of, those individuals owning land or parcels of
property within Collier County upon which Coconut palm trees (Cocos nucifera) are located and
who have not complied with the provisions owner-mandated requirements of this 8oction
Ordinance or have not submitted an Affidavit of Compliance pursuant to 8ootion T~volvo as
required herein. Upon compiling the list of non-complying property owners, the Public Services
Administrator or designee, shall then cause to be mailed by certified mail, return receipt
requested, or by facsimile, or by e-mail, or by newspaper publication, a notice to those property
owners who have failed to comply with owner-mandated action(s) required by the Public Service
Administrator, or other '.b.e provisions of this Ordinance in substantially the following form:
NOTICE
TO:
ADDRESS:
PROPERTY:
You, as the owner of record of the property above described, upon which Coconut
palm trees are located, are hereby notified that pursuant to Collier County
Ordinance No. 89-69, as amended, the Public Services Administrator or designee,
on the __ day of , -1-9 2000, has determined that a threat to
6
Words underlined are additions, words struok through arel deletions.
property exists upon such property caused by the existence of Coconut palms,
in number, susceptible to being infected with the Lethal Yellowing
disease.
YOU ARE HEREBY NOTIFIED that you must abate this threat to public
property within ten (10) days by having said Coconut palm or palms treated with
an antibiotic approved by the Public Services Administrator or designee, failing in
which the Board of County Commissioners of Collier County will have it done
and the cost thereof will be levied as an assessment against such property.
(c) If the property owner or someone in his behalf has not abated the threat to property
described in said Notice within ten (10) days from the date of the giving of Notice as aforesaid,
the County shall forthwith abate the same and enter upon the property and take such steps as are
reasonably required to effect abatement.
SECTION THIRTEEN: Disposal of Lethal Yellowing Infected trees.
~ It shall be unlawful for any owner of any parcel of land within Collier County to permit
to remain on said property any tree infected with Lethal Yellowing. Trees determined to be
infected with Lethal Yellowing by the Public Services Administrator or designee must be
removed and disposed of by burial at the County Landfill within ten (10) days of notification to
the owner. If the County does not decide to remove such tree(s) at the County's costs,
notification to property owners shall be mailed by certified mail, retum receipt requested, or by
facsimile, or by e-mail, or by newspaper publication. in substantially the following form.
TO:
ADDRESS:
PROPERTY:
You, as the owner of record of the property above described, upon which Coconut
palm trees are located, are hereby notified that pursuant to Collier County
Ordinance No. 89-69, as amended, the Public Services Administrator or designee
on the __ day of , -t-9 2000, has determined that a threat to
property exists upon such property caused by the existence of Coconut palms
susceptible to being infected with the Lethal Yellowing disease.
YOU ARE HEREBY NOTIFIED that you must abate this threat to public
property within ten (10) days by having said Coconut palm or palms removed and
disposed of at the County Landfill. Failing in which, .the Board of County
Commissioners of Collier County will have it done and the cost thereof will be
levied as an assessment against such property.
_Co) If infected trees have not been removed by owner within ten (10) days of notification, the
County shall forthwith abate the nuisance and shall, through its employees, servants, agents or
contractors, be authorized to enter upon the property and take steps as are reasonably required to
effect abatement.
7
Words underlined are additions, words stmok through areldeletions.
SECTION FOURTEEN: Assessment For Abating Nuisance.
(a) After Within thirty (30) days of abatement of the nuisance by the County, 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 the
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
receipt of any written form of actual notice of assessment, or posting such notice on the property,
after which interest shall accrue at the rate of twelve percent (12%) per annum on any unpaid
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 ,49 2000, order the
abatement of a certain nuisance existing on the above property, sending you
notice thereof, such nuisance being Coconut palm tree(s) requirint, inoculation
against the lethal yellowing disease. A copy of such notice has been heretofore
sent you. You failed to abate such nuisance; whereupon, it was abated by Collier
County at a cost of $ Such cost, by resolution of the Board of
County Commissioners of Collier County, Florida, has been assessed against the
above property on ,2000, and shall become a lien on the property
thirty (30) days after such assessment. You may request a heating before tb.e,
Board of County Commissionera a Code Enforcement 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 the property. Said request for heating shall be made to the Clerk of the
Board of County Commissioners, in writing, within thirty (30) days from the date
of assessment.
{~ If the owner fails to pay such assessment within thirty (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 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
8
Words underlined are additions, words utruok through as deletions.
the Clerk of Courts and shall be co!lectible in the same manner as liens for non-payment of
property taxes.
(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 on 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 of one or more lots or
parcels of land, by whomever owned, if assessed under the provisions of this Section. The
property subject to lien may be redeemed at any time prior to sale by the owner by paying the
total amount due under said lien, including interest, court costs, advertising costs and reasonable
attorney's fees.
SECTION FIFTEEN: Right to Hearing on Assessment.
(a) Within thirty (30) days of the date of assessment, any owner shall have the right to
request a hearing before the Board of County Commi0sar0 a Code Enforcement Board to show
cause, if any, why the expenses and charges incurred by Collier County under this Ordinance are
excessive or unwarranted or why such expenses should not constitute a lien against said
property; however, nothing contained in this Section is to be construed to disturb or permit a
review of the determination by the Board of the existence of the public nuisance under this
Ordinance.
(b) Public hearings under this Ordinance shall be held by the Code F. nforcement Board of
County Commissioners upon written application for hearing made to the Code Enforcement
Department within thirty (30) days after date of assessment described above; 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 that Board.
(c) If after said hearing the that Board determines that the assessment is fair, reasonable
and warranted, the assessment resolution will be recorded forthwith. If the Board determines
that the charges are excessive or unwarranted, it shall direct the County Manager to rocomputo
that the charges be recomputed or eliminate them alto~,ether, as the evidence warrants.
SECTION SIXTEEN: Service of Notice.
(a) The requirement of notice 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, or by facsimile, by e-mail, or by newspaper publication,
9
Words underlined are additions, words 0tmok through as deletions.
and shall be deemed served when mailed sent. However, if the mailed notice is returned to the
postal authorities, then the subject notice shall be adequately given if any form of written notice
is actually received by the owner, or if published once a week for two consecutive weeks in a
newspaper of general circulation in Collier County and a copy thereof is posted on the property
in question. Failure of such owner to receive such newspaper notice or posted notice shall not be
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, a copy of the notice
required b..Y this Section Ordinance shall be served upon the occupant of said building by mail, or
personal service, or by posting a copy of the notice in a conspicuous place upon the property.
(b) 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 any such notice under tho provisions of this divi0ion
shall be met if such notice is posted on such lot or parcel.
SECTION SEVENTEEN: Penalties.
(a) If any person fails or refuses to obey or comply with, or violate any of the provisions of
this Ordinance, such person, upon conviction a finding of such offcn0o violation, shall be ~
of a misdomoanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00)
for each violation or by imprioonmcnt not tb oxceod Sixty (60) days in tho County jail, or both, in
tho discretion of the Court. Each violation or non-compliance ~.~-"-!! may be considered a separate
and distinct offense. Further, each day of continued violation or non-compliance r.~"~l may be
considered as a separate offense.
(b) Nothing herein contained shall prevent or restrict the County from taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawful actions shall include, but shall not be limited to,
an equitable action for injunctive relief or an action at law for damages.
(c) Further, nothing in this Ordinance shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of a Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
(d) All remedies and penalties provided for in this Section shall be cumulative and
independently available to the County and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent then allowed by law.
10
Words underlined are additions, words otruok through are~ deletions.
SECTION EIGHTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION NINETEEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is 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 effect the validity of the
remaining portion.
SECTION TWENTY: EFFECTIVE DATE.
This Ordinance shall become effective upon receipts 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 ~k~'t:k day of ~ ,2000.
ATTEST:
DWIGHT E BROCK, Clerk
hal t P 1
T omas~. a met
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLI OUNTY, FLORIDA
This ordinance filcd with tht~
Secretary of
fi;i:~ rc:cei'.'~d Lhis ~ day
11
Words underlined are additions, words ,~truok through a~ deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-23
Which was adopted by the Board of County Commissioners on
the llth day of April, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 12~da~
of April, 2000 -
~ .-
DWIGHT E. BROCK ,,' "~/1' =:'~'~,'~",..~".
Clerk of Courts and .'dl'~k.""'=,..']""l~:!'~'-.
Ex-officio to Board/O'f '."..'-' ="'i"'~.'~2'~=;!.;'{-k=
County CommissionerS= '.'.' j-< ..' ~275.-~:~ = '[
y: Karen Schoch, ". <""~=.'.,,. " ..."
Deputy Clerk .................. '