§ 110-32. Removal of offending material.

Offending material is a public nuisance and is subject to removal by Collier County as follows:

(1)

Upon becoming aware of the presence of offending material, Collier County shall attempt to notify any responsible party by certified mail, return receipt requested, or other actual notice of the obligation to remove the offending material not more than 30 days after receipt of such notice.

(2)

After expiration of the 30-day grace period, Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the responsible person.

(3)

If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any responsible person or persons.

(4)

After removing the offending material and after notifying any responsible person (by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within 30 days, after which a special assessment lien will be made upon the property of the responsible person, which shall be due and payable in full with interest at the rate of 11 percent per annum from the date of such lien certification until paid. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the clerk of the circuit court and shall be recorded in the public records of Collier County.

(5)

If any responsible person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive, he may appeal the amount assessed by filing a written notice of appeal with the board, with a copy to the county clerk, within ten working days after receipt of the notice of the expense. The board should hear the appeal at its next convenient regularly scheduled meeting. The appellant may appear before the board. The decision of the board shall be final.

(6)

The Collier County Tax Collector should keep complete records relating to the amount payable for liens, as described in subsection (4), above, and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s) of lands subject to such liens.

(Ord. No. 03-37, § 6, 6-24-03; Ord. No. 2003-58, § 3, 11-18-03)