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PART I - CODE Chapter 54 - ENVIRONMENT ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL Collier County, Florida, Code of Ordinances Page 1 ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL [5]  Sec. 54-175. Purpose and intent. Sec. 54-176. Title. Sec. 54-177. Applicability. Sec. 54-178. Definitions. Sec. 54-179. Litter declared to be a public nuisance. Sec. 54-180. Unlawful to litter. Sec. 54-181. Unauthorized accumulation of litter. Sec. 54-182. Dumping or depositing of abandoned property prohibited. Sec. 54-183. Storage of litter. Sec. 54-184. Waste materials management. Sec. 54-185. Declaration of public nuisance. Sec. 54-186. Exemptions. Sec. 54-187. Notice of violation. Sec. 54-188. Assessment for abating nuisance. Sec. 54-189. Assessment right to hearings on declaration of public nuisance and assessment. Sec. 54-190. Enforcement procedures. Sec. 54-191. Immediate corrective action. Sec. 54-192. Procedures for and effect of mailed notices. Sec. 54-193. Procedures for mandatory lot mowing program. Sec. 54-194. Penalties. Secs. 54-195   54-225. Reserved.

Collier Mowing Ordinance

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One of four full mowing ordinances from Southwest Florida counties and cities.

Text of Collier Mowing Ordinance

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    PART I - CODE

    Chapter 54 - ENVIRONMENT

    ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL

    Collier County, Florida, Code of Ordinances Page 1

    ARTICLE VI. LITTER, WEED AND EXOTICS CONTROL [5]

    Sec. 54-175. Purpose and intent.Sec. 54-176. Title.

    Sec. 54-177. Applicability.

    Sec. 54-178. Definitions.

    Sec. 54-179. Litter declared to be a public nuisance.

    Sec. 54-180. Unlawful to litter.

    Sec. 54-181. Unauthorized accumulation of litter.

    Sec. 54-182. Dumping or depositing of abandoned property prohibited.Sec. 54-183. Storage of litter.

    Sec. 54-184. Waste materials management.

    Sec. 54-185. Declaration of public nuisance.

    Sec. 54-186. Exemptions.

    Sec. 54-187. Notice of violation.

    Sec. 54-188. Assessment for abating nuisance.

    Sec. 54-189. Assessment right to hearings on declaration of public nuisance andassessment.

    Sec. 54-190. Enforcement procedures.

    Sec. 54-191. Immediate corrective action.

    Sec. 54-192. Procedures for and effect of mailed notices.

    Sec. 54-193. Procedures for mandatory lot mowing program.

    Sec. 54-194. Penalties.

    Secs. 54-195

    54-225. Reserved.

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    Abate.To mow a Mowable Lot to a height of less than six (6) inches, or toremove Exotic Plants to a height of equal to surrounding natural elevation and to

    poison any stumps, if remaining, with an EPA approved herbicide containing avisual tracer dye; or to remove Litter; or to remove Abandoned Property, inaccordance with this Ordinance. Mulching of Exotic Plants is allowed as long as themulching occurs in an Enclosed Container and is removed from the site.

    Construction and demolition debris.Discarded materials generally consideredto be not water soluble and nonhazardous in nature, including but not limited to;steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard and lumber,from the construction or destruction of a structure as part of a construction ordemolition project or from the renovation of a structure, including such debris from

    construction of structures at a site remote from the construction or demolition projectsite. The term includes rocks, soils, tree remains, trees and other vegetative matterwhich normally results from land clearing or land development operations for aconstruction project; clean cardboard, paper, plastic, wood and metal scraps from aconstruction project; effective January 1, 1997, except as provided in F.S. 403.707(12)(j), unpainted, nontreated wood scraps from facilities manufacturingmaterials used for construction of structures or their components and unpainted,nontreated wood pallets provided the wood scraps and pallets are separated fromother solid waste where generated and the generator of such wood scraps or palletsimplements reasonable practices of the generating industry to minimize thecommingling of wood scraps or pallets with other solid waste; and de minimisamounts of other nonhazardous wastes that are generated at construction ordemolition projects, provided such amounts are consistent with best management

    practices of the construction and demolition industries. Mixing of construction anddemolition debris with other types of solid waste will cause it to be classified asother than construction and demolition debris.

    Exoticsor exotics plants.Australian pine (Casuarina, all species), Melaleuca (allspecies), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle(Rhodomyrtus tomentosus) earleaf acacia (Acacia auriculiformis), Java plum

    (Syzygium cumini), Woman's tongue (Albizia lebbeck), catclaw mimose (Mimosapigra), and any prohibited exotic species that may be added to County OrdinanceNo. 04-41, as amended, (Section 3.05.08, Collier County Land Development Code).

    Enclosed container.Any container having a physical structure which preventsmaterials from falling out, spilling, blowing out by wind action, or coming out byother accidental means during transport or on-site storage, and shall include, but not

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    be limited to, garbage cans, truck bodies capable of being enclosed for transitpurposes only, rolloff containers, and any other container sufficient to prevent the

    accidental scattering or leaking of said materials on surrounding properties and onpublic roads. A dumpster enclosure is not an enclosed container.

    Improved property. Real property that contains buildings, streets (or pavedareas) or other structural improvements.

    Inert waste materials.Brick, block, concrete, rock, stone, earth and sand, freefrom contamination or other types of waste, free from protruding rebar and/or othermetals, and capable of serving as fill material without harm to, or pollution of,ground or surface waters.

    Litter.Any discarded, used, or unconsumed substances or wastes. Litter shallinclude, but shall not be limited to, garbage, trash, refuse, debris, paper product(including newspapers and magazines), glass, metal, plastic or other containers,cloth, wood and wood products, sweepings, liquids (other than uncontaminatedwater), sludge, grass clippings, tree limbs, trunks and roots, undergrowth andmaterials produced by clearing and grubbing and other horticulture wastes, motorvehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline,

    paint thinners and other similar types), the carcass of a dead animal, any obnoxiousor offensive matter of any kind, any object likely to injure any person or create atraffic or pedestrian hazard, or any other condition of any unsightly nature, which

    may have been discarded, abandoned or otherwise disposed of improperly. Littershall not include horticultural wastes, such as palm fronds, that have accumulatedon public or private property as the result of natural conditions. Natural conditionsmeans accumulation that occurs as a result of an increase by natural growth ratherthan manmade.

    Mowable lot.

    (1) Any portion, piece, division, or parcel of land in any Recorded orUnrecorded Subdivision of this County, of which fifty percent (50%) ormore of unimproved property, can be mowed with bushhog-type or smallermowing equipment, without damage to the lot or equipment. For purposesof determining lot size, rights-of-way, alleys, and all easements shall beincluded in the calculation of the Mowable Lot; or

    (2) Any portion of Improved Property, which can be mowed with bushhog-type,or smaller, mowing equipment without damage to the lot or equipment.

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    Prohibited accumulation of exotics. Any accumulation of Exotics, which islocated on improved or unimproved property.

    Recorded subdivision.Land subdivided into three (3) or more lots, parcels, sites,units, or any other division of land for which a plat has been filed with Clerk ofCourts of Collier County.

    Receptacle. A container made of material that will protect the property andenvironment from leakage, spillage and overflow of any type of litter, waste ordebris. A dumpster enclosure is not a receptacle.

    Storage of litter.The interim containment of Litter in a manner approved by theBoard of County Commissioners, after generation of such Litter and prior to proper

    and final disposal.Unauthorized accumulation of litter.The accumulation of litter in or upon any

    public or private property or body of water, which is not contained within propercontainers or receptacles provided for control of Litter, or is not otherwise permittedor authorized, by any other Collier County Ordinance. This term shall not include

    building materials used in construction or repair of a building or structure whichmaterials are properly stored at the site of such activity, so long as:

    (1) The subject building is being constructed, remodeled, repaired, ordemolished under the authority of an active, valid Collier County building

    permit and for which the materials are to be used; and(2) The building materials are secured during construction, remodel, repair, or

    building demolition, to prevent the material from falling out, spilling,blowing out by wind action, or coming out by other accidental means so thatit trespasses on adjacent properties, or creates a negative visual impact tosurrounding properties.

    Unauthorized accumulation of Litter shall also include, but not be limited to, theaccumulation or storage of Litter or containerized Litter or Abandoned Propertyadjacent to public right-of-way if such materials are placed upon a right-of-way

    earlier than 6:00 (6) p.m. of the night prior to the regularly scheduled pickup forthat location by the County solid waste collection contractor, or allowing saidaccumulation, or container to remain adjacent to the public right-of-way after6:00 (6) p.m. of the day of the scheduled pickup.

    Unlawful accumulation of weeds, grass or similar nonprotected overgrowth.Any accumulation of weeds, grass or similar nonprotected overgrowth if any part of

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    such accumulation is in excess of eighteen (18) inches in height and located on aMowable Lot, in any Recorded or Unrecorded subdivision of Collier County.

    Unrecorded subdivision.Any land which for the purpose of sale or transfer hasbeen subdivided for the purpose of sale or transfer, prior to the enactment ofOrdinance No. 76-6, as amended, or any other division of land for which a plat hasnot been filed with the Clerk of Courts of Collier County.

    Written corrective notice.A written statement issued to the violator or his/heragent identifying and which states the violation, date of the violation, location of theviolation, the corrective measures required to be taken, and the date by which thecorrective measures are to be completed.

    (Ord. No. 2005-44, 4; Ord. No. 09-08, 4)

    Sec. 54-179. Litter declared to be a public nuisance.

    The Unauthorized Accumulation of Litter or Improper Storage of Litter orimproper dumping of Abandoned Property or Litter as described in this Ordinance,in or upon public or private property, is hereby declared to be a public nuisance.

    (Ord. No. 2005-44, 5; Ord. No. 09-08, 5)

    Sec. 54-180. Unlawful to litter.

    It shall be unlawful for any person to throw, discard, place, drop, or deposit litterin any manner or amount in or upon any public property, private property, highway,street, right-of-way or body of water within the unincorporated areas of CollierCounty, Florida, except in such areas and enclosed containers specifically providedand appropriately designated for the disposal of litter. In any case where litter isejected or discarded from a motor vehicle, except at approved and permitted disposalsites, the operator of the motor vehicle shall be deemed in violation of this article.

    (Ord. No. 2005-44, 6)

    Sec. 54-181. Unauthorized accumulation of litter.

    Any unauthorized accumulation of litter in or upon any property, vacant orimproved, or on or upon any public street, alley or other public or private place is aviolation of this article. Any property owner, tenant, occupant, agent, manager, orother person who owns, maintains, or controls private property, whether improved

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    or unimproved, is hereby declared to be in violation of this article where any suchunauthorized accumulation of litter is maintained or is allowed to remain on such

    property.(Ord. No. 2005-44, 7)

    Sec. 54-182. Dumping or depositing of abandoned property prohibited.

    It shall be unlawful for any person to engage in or permit the dumping, storing,placing, or depositing of abandoned property on any public or private real property,street, or highway. However, abandoned property kept in a completely enclosed

    building or a business enterprise, which is lawfully licensed and zoned for receipt

    and storage of abandoned property, shall be an exception to this provision. Ifabandoned property is kept or stored in connection with a lawfully licensed businessenterprise, all abandoned property shall be screened so that it is not visible from any

    public right(s)-of-way or from any property used for residential purposes. It shall beunlawful to engage in or permit the dumping, storing, placing, or depositing ofabandoned property in any residential area, unless such abandoned property is keptin a completely enclosed building.

    (Ord. No. 2005-44, 8)

    Sec. 54-183. Storage of litter.

    (a) All commercial establishments shall store litter in containers so as to eliminatewind-driven debris and litter in or about their establishments. The number andsize of containers necessary for each commercial establishment shall be thatnumber required to maintain clean, neat, and sanitary premises. Spillage andoverflow around containers regardless of whether located within an enclosure,will constitute an unlawful accumulation of litter and must be immediatelycleaned up as it occurs.

    (b) All loading and unloading zones at commercial establishments shall be providedwith litter receptacles by the owner of the business to store litter.

    (c) Each person owning or operating any establishment open to the public shallprovide receptacles adequate to contain litter generated from such establishment.

    (d) Any and every person in possession, or in charge or in control of any place,public or private where litter is accumulated or generated, at all times shall

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    provide and maintain adequate and suitable receptacles and/or containerscapable of holding such materials, until proper final disposal is accomplished.

    (e) All construction and demolition contractors, whether owners or agents, shallprovide on-site receptacles for litter sufficient to prevent wind-driven scatteringof such materials if the materials are otherwise not properly disposed of on adaily basis. Receptacles placed or erected on construction sites are limited to thedeposit of construction and demolition debris. Food, drink and food wrappersmust be removed from the construction site daily. Spillage and overflow aroundcontainers or secured building material shall constitute an unlawfulaccumulation of litter and shall be immediately cleaned up as it occurs.

    (1) Should a violation of subsection (e) of this section occur, the

    construction/demolition contractor, whether owner or agent, will be requiredto secure a roll-off container with cover, for containment of constructiondebris on the site with collection scheduled necessary to prevent spillage andoverflow around the containers.

    (Ord. No. 2005-44, 9)

    Sec. 54-184. Waste materials management.

    (a) Inert waste materials may be buried on a site after a valid building permit for

    such site has been obtained and posted and provided that such disposal is inconformance with federal, state, and local laws and regulations. Inert wastematerials, which have not been properly buried or disposed of, will be deemedas litter. On-site containment of downed trees and other vegetative growth shall

    be permitted on residentially-zoned lots exceeding one acre in size and in theEstates zoned areas and only for vegetative growth which has been cut, clearedor removed on the same property of the permitted construction, providing all ofthe following conditions are met:

    (1) A valid building permit for construction of a single-family residence on the

    applicable lot has been obtained and is posted before removal andcontainment of such growth; and

    (2) The site plan shall identify the location of the containment area; and

    (3) The containment area is subject to the following restrictions:

    a. The downed trees and vegetative growth are placed into an excavatedearthen depression which does not exceed three feet in depth from the

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    surrounding natural elevation and does not cover a horizontal surfacearea greater than 10,000 square feet; and

    b. All such excavated earthen depressions containing downed trees andvegetative growth shall not be closer than 15 feet from the side and rear

    property lines or within a public or private easement or right-of-way; and

    c. The nearest point of such excavated earthen depression for containmentof on-site downed trees and vegetative growth shall not be closer than 75feet to any structure, 100 feet from private and/or potable wells, and nocloser than 100 feet to any public or private right-of-way; and

    d. All downed trees and vegetative growth contained in such excavated

    earthen depression shall be so contained to prevent the protrusion of anysuch growth more than 24 inches above the surrounding natural elevationincluding earthen cover; and

    e. All cleared vegetation four inches and less in diameter shall either bechipped/shredded, or removed from the site. No chipped or shreddedmaterial shall be placed in the containment area. Stumps, root balls, treetrunks and other cleared vegetation four inches and larger in diametermay be placed in containment areas; and

    (4) No excavated material shall be removed from the site.

    (5) Failure to either remove downed trees or downed vegetative growth fromresidentially-zoned lots exceeding one acre in size, or estates zoned

    properties, or to properly contain such material as required by this article,shall result in such downed trees and/or downed vegetative growth beingclassified as litter and thereby subject to property owner, agent, and/or otherresponsible parties to any and all penalties provided under this article; and

    (6) Clearing within wetlands will require a department of environmentalprotection permit.

    (Ord. No. 2005-44, 10)

    Sec. 54-185. Declaration of public nuisance.

    (a) The accumulation of weeds, grass or other similar nonprotected overgrowth inexcess of eighteen (18) inches in height is hereby prohibited and declared to bea public nuisance when located upon any Mowable Lot, and which lot has beenspecifically described by legal description and which condition has been

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    determined by the County Manager or his designee, to be a public nuisancepursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected

    to become, infested or inhabited by nonprotected rodents, vermin or wildanimals, or may furnish a breeding place for mosquitoes, or threaten or endangerthe public health, safety or welfare, or may reasonably be expected to causedisease, or adversely affect and impair the aesthetic integrity or economicwelfare of adjacent or surrounding property.

    (b) In the area zoned Estates, the accumulation of weeds, grass or other similarnonprotected overgrowth in excess of eighteen (18) inches in height is hereby

    prohibited and declared a public nuisance when located upon any improved lotwithin 30 feet of any residential structure up to any lot line. Such improved

    mowable lots may reasonably be deemed to become fire hazards.(c) The accumulation of Exotics, weeds, grass or other similar nonprotected

    overgrowth is hereby prohibited and declared to be a public nuisance whenlocated upon any unimproved property in this County, which condition isadjacent to a private or public right-of-way and is not within a Recorded orUnrecorded Subdivision. However, the requirements for abatement of the publicnuisance as described in this Ordinance shall only apply to that portion of the

    property to a depth of twenty (20) feet from the property line or lines runningadjacent and parallel to a private or public right(s)-of-way.

    (d) The accumulation of Exotics is hereby prohibited and declared to be a publicnuisance when located upon any unimproved property in Collier County whenthe Exotics are located within a two hundred (200) foot radius of any improved

    property located in a Recorded or Unrecorded Subdivision. However, therequirements for abatement of the public nuisance as described in this Ordinanceshall only apply to that portion of the unimproved property where the Exoticsexist within a two hundred (200) foot radius of any abutting, improved property.Furthermore, the requirements for abatement of the public nuisance as describedin this Ordinance shall only apply when the County receives a complaint.

    (e) The accumulation of Exotics, weeds, grass or other similar nonprotectedovergrowth in excess of eighteen (18) inches in height, is hereby prohibited anddeclared to be a public nuisance when such condition is located on anyunimproved property in Collier County which is within five hundred (500) feetof Improved Property when such accumulation has aided any person to concealor facilitate the commission of criminal acts against passers-by and the publicand is likely to continue to aid in the concealment or commission of future

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    criminal acts if such accumulation is not abated. A report from the CollierCounty Sheriff's Office identifying such unimproved property, which was

    allegedly utilized by any person to conceal or facilitate the commission ofcriminal acts against passersby or the public shall constitute sufficient evidence.However, the requirements for abatement of the public nuisance as described inthis Ordinance shall only apply to that portion of the unimproved property wherethe accumulation exists within a five hundred (500) foot radius of ImprovedProperty.

    (f) Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) onimproved property within Recorded or Unrecorded Subdivisions are prohibitedand declared to be a public nuisance.

    (g) The accumulation of weeds, grass or similar nonprotected overgrowth in excessof eighteen (18) inches in height is hereby prohibited and declared to be a publicnuisance when located upon any unimproved property in unincorporated CollierCounty, which is not within a Recorded or Unrecorded Subdivision, when theweeds, grass or similar growth are located within one hundred (100) feet of the

    property line or lines of Recorded or Unrecorded Subdivision(S).

    (Ord. No. 2005-44, 11; Ord. No. 09-08, 11)

    Sec. 54-186. Exemptions.

    (a) The area zoned Estates shall be exempt from the weed and Exotic plant publicnuisance declarations provided in this Ordinance, except for the accumulation ofweeds, grass or similar nonprotected overgrowth in excess of eighteen (18)inches in height located upon any improved lot within thirty (30) feet of anyresidential structure up to any lot line.

    (b) Properties that are unimproved and that are located within an area with an Estateszoning designation shall be exempt from the weed public nuisance declarations

    provided in this Ordinance.

    (c) Nonresidential structures located on improved properties with an Estates zoningdesignation shall be exempt from the thirty (30) foot mowing requirements ofthis Ordinance.

    (d) Accumulations of protected vegetation such as coastal strands, scrub, tropicalhammocks, dune vegetation and property officially declared "protected" by any

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    federal, state or local ordinance (such as wetlands), are hereby exempted frombeing considered public nuisances under this Ordinance.

    (e) The lands zoned Agricultural that are located outside of the Urban Boundary asdescribed on the Collier County Future Land Use Map shall be exempt from theweed and Exotic plant public nuisance declarations in this Ordinance.

    (f) All lands zoned agricultural that are not being used for an essential service asdefined in the Collier County Land Development Code and/or a bona fideagricultural use shall be exempt from the weed and Exotic plant public nuisancedeclarations provided in this Ordinance.

    (g) Horticultural waste, such as palm fronds, that have accumulated on public or

    private property as the result of natural conditions shall be exempt from theenforcement provisions of this Ordinance. Natural conditions is defined as anaccumulation that occurs as a result of an increase by natural means rather thanmanmade.

    (Ord. No. 2005-44, 12; Ord. No. 09-08, 12)

    Sec. 54-187. Notice of violation.

    (a) Annual published notice.Annually, the County Manager, or his designee(s) willpublish, or cause to be published, a public Notice, in substantially the followingform, which details the abatement procedures for violations described in thisOrdinance. This Notice will be published in a newspaper of general circulationfor a minimum of four Sundays beginning with the first Sunday in January ofeach year, and on every other Sunday thereafter.

    A PUBLIC NOTICE FROM THE CODE ENFORCEMENT DEPARTMENT OFCOLLIER COUNTY, FLORIDA

    NOTICE ABOUT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE

    2005-_____The Collier County Litter, Weed and Exotics Control Ordinance requires that allowners of developed and undeveloped lots shall control all excessive growth ofgrasses or weeds over 18 inches by mowing. All lots with such vegetation over18 inches in height will be identified by a Code Enforcement Investigator and a

    Notice of Violation and Order to Correct may, at the County's option, be mailedto the property owner(s) or posted on the lot. If posted, a copy of this notice will

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    also be posted at the Collier County Courthouse at 3301 Tamiami Trail E.,Naples FL 34112 or the Immokalee Courthouse at 106 1st Street S. Immokalee

    FL, 34142, as applicable.

    A posted notice may, at the option of the County, be used in lieu of mailingindividual letters to property owners. After ten (10) days from the date of postingor mailing, if no action is taken, the County will abate the violation bycontracting for the lot to be mowed by a mowing contractor. A bill will then besent to the lot's owner of record for the mowing fees plus an administrative feeof one hundred dollars ($100.00). Additional charges can be assessed foroversized lots or extremely overgrown lots. Repeat violators may be subject toadditional fees or charges, or after three violations may be included in a

    mandatory lot mowing program instituted by the County.

    The owner must remit payment for the amounts billed within twenty (20) daysfrom the mailing of the County's invoice. If the invoiced bill is not paid withinthis twenty-day period a Determination Order assessing a lien will be imposed

    by the Special Magistrate. If certified and recorded, this Order may constitute alien on ALL of the violator's real and personal property in Collier County. Thislien may be paid without further costs, within twenty (20) days from the date ofdetermination by the Special Magistrate for Collier County. If the lien remainsunpaid after one (1) year from the date of the recording of the lien, Collier

    County may bring suit to foreclose the lien as set for in Chapter 173, FloridaStatutes.

    All property owners are requested to make arrangements for the propermaintenance of their land as the practice of sending mailed Notices of Violationto owners, in particular absentee owners, will be at the option of the County. Thecooperation of all affected property owners will assist in reducing the largenumber of complaints about such nuisances received each year by the CodeEnforcement Department. Compliance with this requirement will also help tocontrol vermin and improve the appearance of the affected areas of theunincorporated County.

    Any questions regarding these procedures can be addressed to the CodeEnforcement Department. Phone number (239) 252-2440; located at 2800 NorthHorseshoe Drive, Naples, FL 34104.

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    (1) Annual publication of this Notice is intended to provide continuingconstructive notice to all affected property owners in Collier County of

    the procedures for abatement of the specified violations, and of theconsequences of failing to timely abate cited violations.

    (2) Failure of the county to timely, or fully, publish the Annual Notice willnot be a grounds for challenging any enforcement action brought underthis article.

    (b) Whenever the County Manager or his designee determines that a public nuisanceexists as described in this Ordinance, he will cause one or more of the followingforms of notice of violation to be provided to the record owner or owners of said

    property informing the owner(s) of said property of the existence of the nuisance

    and the corresponding violations(s). The form and manner of the notice providedwill be determined by the Director of Code Enforcement and will depend on thenumber of violations issued to a particular property owner(s), the number of andfrequency of any prior violations at the property owned by the violator(s), thetimeliness of any prior abatement(s) of similar violation(s), the existence of othercode violations, and of any previously satisfied, foreclosed, or outstanding codeenforcement liens. As a general rule, certified mail, return receipt requested,should be provided to all first time violators as set forth in the corresponding

    procedures below. Posted notices are generally considered appropriate for repeat

    violations at the same location or for the same violator(s) especially when thereis a pattern of certified mail sent to property owners who are not Collier Countyresidents being returned unclaimed or being refused.

    (1) A Notice of Violation may be served on a violator, i.e., the record owner(s)of the cited property, either by:

    a. Certified mail, return receipt requested, notifying the record owner(s) ofthe cited violations via a Notice in substantially the following form:

    _____

    Code Enforcement DepartmentNotice of Violation and Order to Correct

    To: Date:

    Ordinance

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    Violation/Case No.

    Property:

    Folio #:

    Dear Property Owner:

    According to the official records of this County, you are the owner of the above-

    described property. As such, you are hereby notified that the Code EnforcementDirector, on ____________[date]____________ determined that a publicnuisance exists on your property pursuant to County Ordinance No. 2005-

    ____________, (as amended) caused by: ____________[describeviolation]____________.

    You are further notified that you shall abate this nuisance within ten (10) daysof the date of this notice by ____________[describe how toabate]____________. Failing this action on your part, the Board of CountyCommissioners will cause the nuisance to be abated. YOUR FAILURE TOABATE THE NUISANCE MAY RESULT IN THE RECORDING OF A LIENAGAINST YOUR PROPERTY. The lien shall include the direct cost plus anadministrative fee of two hundred dollars ($200.00) and will be levied as anassessment against all of the property you own.

    IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATIONDURING YOUR OWNERSHIP OF THE REFERENCED PROPERTY, EVENTHOUGH YOU ABATE EACH VIOLATION, YOU MAY BE CHARGED APENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE.

    You may contest this determination of the existence of a public nuisance byapplying in writing, for a hearing before the Special Magistrate within fifteen(15) days from the date of this notice of violation.

    Or:

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    b. by posting a notice in a substantially the following form in a clearlyvisible location on the cited property, and at the Collier County

    Courthouse, or Immokalee Courthouse. The posted notices must be insubstantially the following form:

    POSTEDCollier County Code Enforcement Department

    Notice of Violation of Section of Ordinance 2005-____________, (as amended)and Order to Correct

    To: [Owner(s) of Record] Date Posted:

    Violation/Case No.

    Property [Insert address where violation occurred]:

    Folio #:

    As the official record owner(s) of the above-described property, you are herebynotified that a public nuisance exists on this property as of [insert date] in theform of: ____________[describe violation]____________ on the subject

    property.

    You are further notified that you must immediately abate this nuisance withinten (10) days of the date of posting of this Notice by causing the above-described

    property to be: ____________[mowed/exotics removed, or otherwise describe

    how to abate]____________. If the violation is not abated within the timerequired, the County may act to cause the nuisance to be abated. FAILURE TOABATE THIS NUISANCE MAY RESULT IN THE RECORDING OF A LIENAGAINST THE LAND ON WHICH THE VIOLATION EXISTS AND UPONANY OTHER REAL OR PERSONAL PROPERTY YOU OWN IN COLLIERCOUNTY. Such liens may include the County's costs to abate the violation plus

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    an administrative fee of two hundred dollars ($200.00), all of which may belevied as an assessment against your property(s).

    You may contest this Notice of Violation and determination of the existence ofa public nuisance by applying in writing, for a hearing before the SpecialMagistrate within fifteen (15) days from the date of posting this Notice ofViolation.

    (2) If the same violator(s) receives three or more Notices of Violation of thisarticle during their ownership of any property in Collier County, even thoughthe violations may have been timely abated, a penalty of fifty ($50.00)dollars will be charged for each notice received thereafter. An administrative

    fee of one hundred ($100.00) dollars will also be assessed for each invoiceprocessed for the payment of said penalty. In addition, all cited property(s),may at the discretion of the County Manager or his designee, become subjectto the county's mandatory lot mowing program provisions in this Ordinance.

    (3) If the property owner or his agent has not abated the identified nuisance asdescribed in said notice within ten (10) days from the date of the Notice ofViolation, the County will abate the condition and shall, through itsemployees, servants, agents, or contractors, be authorized to enter upon the

    property and take such steps as are reasonably required to abate the nuisance.

    However, the County Manager, in his discretion may extend the timeallowed for taking corrective action up to 180 days for natural disasters asdetermined by the State or Federal government.

    (Ord. No. 2005-44, 13; Ord. No. 09-08, 13)

    Sec. 54-188. Assessment for abating nuisance.

    (a) After abatement by the County or its agent, the cost thereof to the County as toeach parcel shall be calculated and reported to the Collier County Manager orhis/her designee. An invoice shall be mailed to the property owner(s) for the costof abatement. The invoice shall also include an administrative fee of one-hundred ($100.00) dollars per parcel of property.

    (b) In the event the property owner abates the violation, but has received a total ofthree notices of violation for separate violations during the property ownersownership of the referenced property, the County shall mail an invoice to the

    property owner including a penalty of fifty ($50.00) dollars per parcel, plus an

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    administrative fee of one hundred ($100.00) dollars for the repeat violationinvoice. Each notice of violation thereafter to the same property owner, shall be

    processed in the same manner.(c) If the invoice sent by the County Manager or his/her designee is not paid at the

    expiration of the twenty (20) days of the date of the invoice, the SpecialMagistrate and may impose a lien against the property. The Special Magistrate,

    by determination order, shall assess such cost against such parcel. Saiddetermination order shall:

    (1) Describe the land and show the cost of abatement, and shall include theinitial administrative fee of one hundred ($100.00) dollars per parcel asmentioned in paragraph 1 of this section, plus an additional administrative

    fee of one hundred ($100.00) dollars for lien processing; or

    (2) Describe the land and shall include the penalty and initial administrative feeper parcel as mentioned in paragraph 2 of this section.

    Such determination Order shall constitute a lien, which shall run with theproperty until paid. The determination Order shall also specify that interestshall accrue on the unpaid balance beginning on the date the Order isrecorded at the rate of twelve (12) percent per annum.

    (d) A legal notice of assessment of lien shall be sent to the property owner. This

    Notice shall be substantially in the following form:

    _____

    BOARD OF COUNTY COMMISSIONERSTHROUGH ITS CODE ENFORCEMENT DEPARTMENTCOLLIER COUNTY, FLORIDALEGAL NOTICE OF ASSESSMENT OF LIEN

    [Insert Property Owner's Name and Address] DATE:

    REF. INV.# FOLIO# LIEN NUMBER:

    LEGAL DESCRIPTION:

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    You, as the owner of the property above-described, as recorded in the recordsmaintained by the office of the Property Appraiser, are hereby advised that the

    Code Enforcement Director, did on ____________[date]____________,20____________, order the abatement of a certain nuisance existing on theabove property prohibited by Ordinance 2005-____________, as amended) andserved a notice of violation upon you. The nuisance is:

    ____________[describe the nuisance]____________

    You failed to abate such nuisance, whereupon, it was abated by the expenditureof public funds at a direct cost of $____________.____________, and anadministrative cost of two-hundred ($200.00) dollars for a total of

    $____________.____________, [or, You abated the nuisance but failed to paythe $____________.____________ penalty imposed and caused the County toincur an administrative cost of two Hundred ($200.00) dollars. Such cost, bydetermination order of a Special Magistrate for Collier County, Florida, will

    become a lien on your property within twenty (20) days of determination by theSpecial Magistrate when recorded. You may request a hearing before the SpecialMagistrate to show cause, if any, why the expenses and charges incurred by theCounty under County Ordinance No. 2005-____________, (as amended) areexcessive or unwarranted or why such expenses should not constitute a lienagainst the property. Said request for hearing shall be made to the Secretary to

    the Special Magistrate, Collier County Government Center, 2800 NorthHorseshoe Drive, Naples, Florida 34104 in writing within ten (10) days from thedate of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED INTHIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR

    PROPERTY IN COLLIER COUNTY.

    (e) After the expiration of one year from the date of the Lien, as provided herein, asuit may be filed to foreclose said lien. Such foreclosure proceedings shall beinstituted, conducted and enforced in conformity with the procedures for theforeclosure of municipal special assessment liens, as set forth in F.S. ch. 173,which provisions are hereby incorporated herein in their entirety to the sameextent as if such provisions were set forth herein verbatim.

    (f) The liens for delinquent assessments imposed hereunder shall remain liens,coequal with the lien for all state, county, district and municipal taxes, superiorin dignity to all other filed liens and claims, until paid as provided herein.

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    (g) After recording of the Lien, the County Manager or his designee may acceptpartial payment and recommend satisfaction of the Lien to the Board if he/she

    determines an error has been made based upon his/her judgment.(Ord. No. 2005-44, 14; Ord. No. 09-08, 14)

    Sec. 54-189. Assessment right to hearings on declaration of public nuisance

    and assessment.

    (a) Any property owner receiving the Notice of Violation pursuant to this ordinancemay contest this determination by filing an application for a hearing before theSpecial Magistrate within fifteen (15) days from the date affixed on the Notice

    of Violation, dependent upon the notice and type of proceeding.(b) Every owner of real property within unincorporated Collier County is required

    to maintain such property in a manner so as not to violate the provisions of thisordinance, and such owner remains liable for violations thereof regardless of anycontract or agreement with any third party regarding such property.

    (c) If, after said hearing, the Special Magistrate determines that the assessment isfair, reasonable, and warranted, the assessment determination order shall berecorded forthwith. If the Special Magistrate determines that the charges areexcessive or unwarranted, it shall direct the County Manager to re-compute the

    charges and the Special Magistrate shall hold a further hearing after notice to theowner upon the recomputed charges.

    (Ord. No. 2005-44, 15; Ord. No. 09-08, 15)

    Sec. 54-190. Enforcement procedures.

    Collier County Investigators are hereby empowered to issue Written CorrectiveNotices and/or notices to appear in County court or before the Special Magistrate toany person violating the provisions of this Ordinance. All such notices issued, shall

    be maintained by the issuing authority for public inspections, during normal officehours.

    Written Corrective Notices issued by County Investigators acting pursuant tothis Ordinance shall state the date observed, nature of the offense committed,corrective measures to be taken and the date on or before which such correctionsshall be made.

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    Any person who has been served with such notice in accordance with theprovisions of this Ordinance, and who neglects or refuses or fails to fully comply

    with the corrective notices so ordered and/or to comply within the time frame soordered therein, shall be in violation of this Ordinance.

    (Ord. No. 2005-44, 16; Ord. No. 09-08, 16)

    Sec. 54-191. Immediate corrective action.

    In the event the County Manager, or his designee, determines or has reason tobelieve that a violation including, but not limited to, accumulation of weeds or litterpresents a serious threat to the public health, safety or welfare of the public or that

    the violation is of such a nature as to require immediate correction, the violator maybe required by notice to effectuate immediate corrective measures upon receipt ofthe notice. The notice, substantially in the form set forth in this Ordinance, shalladvise the owner that the County will remedy the hazardous condition as soon as

    possible. To be effective, the notice shall be served upon the occupant if the propertyis occupied or physically posted on the property and sent by certified mail to theowner as his/her name appears on the records of the property appraiser.

    (Ord. No. 2005-44, 17; Ord. No. 09-08, 17)

    Sec. 54-192. Procedures for and effect of mailed notices.

    Notices shall be mailed to the violator's address indicated on the records of theCollier County Property Appraiser of such lot or parcel of land for ad valoremtaxation purposes, whether mailed by regular U.S. Postal Service upon the person,for the purpose of this article. A property owner is deemed to have received a mailednotice on the 10th day after the notice is placed in the United States mail. Evidencethat the proper notice has been mailed is sufficient to demonstrate that the noticerequirements of this article have been met, without regard to whether the propertyowner actually received such notice. Refusal to accept service of such notices by a

    property owner or its agent will not defeat this personal service, nor bar the countyfrom proceeding with enforcement, creating lawful liens, and performing thenecessary abatement under this article. It is the property owner's responsibility tomaintain a current address with the Collier County Property Appraiser's office at alltimes.

    (Ord. No. 2005-44, 18)

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    Sec. 54-193. Procedures for mandatory lot mowing program.

    (a) Inclusion in mandatory lot mowing program.If a public nuisance is determinedto exist three or more times after July 15, 2001, on a particular lot or parcel ofunimproved property while under the same ownership, then at the discretion ofthe County Manager, or his designee, such property will be placed in theMandatory Lot Mowing Program, as set forth below.

    (b) Exemption from lot mowing program. Individual property owners of recordwhose real property is included in the County's mandatory lot mowing program,may request an exemption from inclusion in the program by submitting to theCounty Manager, or his designee, a signed written agreement, acceptable to the

    County, covenanting that the property owner will maintain the property so thatthe height of any grass, weeds, or otherwise regulated vegetative matter will notconstitute a public nuisance or exceed eighteen inches in height. In addition, the

    property owner must provide a letter of credit, contract agreement, escrowagreement, or some other surety with a mowing company that is acceptable tothe County. The surety provided may vary, but must remain in effect throughoutthe property owner's ownership of the property(s). The agreement must alsoinclude a provision of understanding by the owner that should he/she fail to keepthe contract agreement and ensure no violation to this Ordinance exists on the

    property(s), the agreement approved by the County will become null and void.

    In that event, the property owner would be provided written notice that the lotmowing program exemption would be revoked by a date certain and the propertywould be placed in the Mandatory Lot Mowing Program, and not be entitled toany further exemptions so long as the property is owned by the same propertyowner(s).

    (c) Mandatory Lot Mowing Invoice Billing.The County Manager, or his designee,will mail an invoice to the owner(s) of property(s) included in the MandatoryLot Mowing Program. Invoice billing amounts will include actual costs incurredfor mowing, plus an administrative fee. The invoice will be mailed to the address

    listed with the Collier County Property Appraiser's Office as the tax roll addressof record. Notice to owner(s) of account balance requirements is accomplishedin this Section, and receipt of the invoice will not defeat this personal service,nor bar the County from proceeding with enforcement, creating lawful liens, and

    performing the necessary abatement under this Ordinance.

    (d) Failure to comply with payment of a Mandatory Lot Mowing invoice, as set forthin Subsection (3) above, will constitute a violation of this Ordinance. If, after

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    thirty (30) days of mailing, the invoice has not been paid, the County Manager,or his designee, will proceed with enforcement procedures to file a lien. The

    Legal Notice of Assessment of Lien will be submitted to the Special Magistratewho shall impose a lien against the property. The Special Magistrate shall assessall applicable costs and fees against such parcel and all other properties owned

    by the violator in Collier County. Said action shall: A) describe the land that hasbeen included in the Mandatory Lot Mowing Program and show the cost ofabatement, which shall include the initial administrative expense of one hundred($100.00) dollars plus one hundred ($100.00) dollars per parcel for lien

    processing. Such action, when recorded, shall constitute a lien on all personaland real property located in Collier County, which runs with the owner's real

    property until paid. The action will also specify that interest will accrue on theunpaid balance beginning on the date the order of the Special Magistrate isrecorded at the statutory interest rate per annum.

    (e) Legal notice of assessment of lien. The Legal Notice of Assessment of Lien willsubstantially be in the following form:

    BOARD OF COUNTY COMMISSIONERSTHROUGH IT'S CODE ENFORCEMENT DEPARTMENT

    COLLIER COUNTY, FLORIDA

    TO: ____________[Insert Property Owner's Name and Address]____________

    DATE:

    REFERENCE INVOICE#: VIOLATION FOLIO #:

    VIOLATION LEGAL DESCRIPTION:

    You, as the owner of the property above-described, as recorded in the recordsmaintained by the office of the Property Appraiser, are hereby advised that the CodeEnforcement Director, did determine a public nuisance existed and constituted aviolation of county regulation on ____________, 200____________, and orderedthe abatement of certain nuisance existing on the above property prohibited byOrdinance No. 2005-____________, as amended, and served a notice of violationupon you. The nuisance is: ____________[describe the nuisance]____________.

    You have failed to timely abate such nuisance: whereupon, it was abated by theexpenditure of public funds at a direct cost of $____________.00 and anadministrative cost of $____________.00 for a total of$____________.____________.

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    Such costs, by order of the Special Magistrate, will become a lien on yourproperty when recorded. FAILURE TO TIMELY PAY THE AMOUNT

    SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OFYOUR PROPERTY IN COLLIER COUNTY.

    Upon issuance of an order by the Special Magistrate, the Secretary to the SpecialMagistrate will immediately mail a copy of each approved Order and NoticeAssessment of Lien via regular U.S. mail. If full payment for the assessed amount,is not made by the property owner within twenty (20) days from the date of signatureof the determination order by the Special Magistrate, then the Secretary to theSpecial Magistrate will automatically and without further direction record both theOrder and Notice of Assessment of Lien in the public records of Collier County.

    Recording said determination order will act to impose a lien on the violator'sproperty.

    (f) Limitation on time to contest imposition of lien.Any person aggrieved by theimposition of the lien must commence an action in circuit court within thirty (30)days from the date the order is rendered. Unless such action is begun within thisthirty (30) day period, all objections of that person to the imposition of the lienwill be deemed to have been waived.

    (g) Prepayment and recording of lien. For a period of twenty (20) days after the dateof the order of the Special Magistrate imposing the delinquent lot-mowing lien,

    the lien may be paid without additional interest. Properties, for which paymentsare received or postmarked within twenty (20) days from the date the order issigned, will stay the recording of the lien. If, after expiration of the prepayment

    period expires payment is not received, a certified copy of the order will berecorded in the Office of the Clerk of the Circuit Court in Collier County.

    (h) Release of lien. Owners who have paid the delinquent lien in full after therecording of the lien are entitled to a release and satisfaction of lien from theCounty. The recording of the release and satisfaction of lien and any chargestherefore are the responsibility of the property owner.

    (i) Foreclosure.Liens associated with this Section may be foreclosed in the samemanner as liens for property taxes or special assessments. In the event the County

    prevails, owners of property(s) against whom a foreclosure action is commencedwill be liable for all fees, costs and expenses incurred by the County or its agents,including reasonable attorney's fees and the same may be assessed as a cost inthe foreclosure action.

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    (j) Validity of liens not affected by irregularities.Any informality or irregularity inthe proceedings to impose a lien for delinquent lot mowing fees will not affect

    the validity of the same after the order imposing the lien has been adopted, andno deviation from the procedures prescribed above will affect the validity of thelien unless it can be clearly shown that the party objecting was materially injuredthereby.

    (k) Alternate methods of collection permitted.Nothing herein prohibits the Countyfrom utilizing other means to collect delinquent lot mowing fees including, butnot limited to, an action for damages filed in the appropriate court in CollierCounty, Florida.

    (Ord. No. 2005-44, 19; Ord. No. 09-08, 19)

    Sec. 54-194. Penalties.

    If any person fails or refuses to obey or comply with or violates any of theprovisions of this Ordinance, such person upon an order by the Code EnforcementBoard or Special Magistrate may be fined as authorized by the Ordinancesestablishing the Enforcement Board and Special Magistrate. Each violation ornoncompliance shall be considered a separate and distinct offense. Further, each dayof continued violation or noncompliance shall constitute a separate offense.

    Nothing herein contained shall prevent or restrict the County from taking suchother lawful action in any court of competent jurisdiction as is necessary to preventor remedy any violation or noncompliance. Any person convicted of such offense,shall be guilty of a misdemeanor and shall be punished by a fine not to exceed fivehundred ($500.00) dollars or by imprisonment not to exceed sixty (60) days in theCounty jail, or both, in the discretion of the Court.

    Further, nothing is this Section shall be construed to prohibit the County fromprosecuting any violation of this Ordinance by means of a Code Enforcement Board,or Special Magistrate proceeding, established pursuant to the authority of Chapter

    162, Florida Statutes.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 pursueany and all remedies set forth in this Section to the full extent allowed by law.

    (Ord. No. 2005-44, 20; Ord. No. 09-08, 20)

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    Secs. 54-19554-225. Reserved.

    FOOTNOTE(S):

    --- (5) ---

    Editor's noteOrd. No. 2005-44, 220, adopted Sept. 13, 2005, amendedart. VI in its entirety to read as herein set out. Formerly, said article pertained tosimilar subject matter. See the Code Comparative Table for a detailed analysis ofinclusion. (Back)

    Cross referenceLitter control, 118-56 et seq.; vegetation, ch. 138.(Back)