§ 54-178. Definitions.

When used in this Ordinance, the following words, phrases or terms shall have the following meanings, unless the content clearly indicates otherwise:

Abandoned property. Any wrecked, inoperative, derelict or partially dismantled property having little, if any, value other than nominal salvage value, which has been left unattended and unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers, boats, machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture and any other similar articles.

Abate. To mow a Mowable Lot to a height of less than six (6) inches, or to remove Exotic Plants to a height of equal to surrounding natural elevation and to poison any stumps, if remaining, with an EPA approved herbicide containing a visual tracer dye; or to remove Litter; or to remove Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as the mulching occurs in an Enclosed Container and is removed from the site.

Compost pile. A pile, mound of heap (whether on the ground or in a container or structure) consisting solely of on-site organic materials that are intentionally collected to create a compost material for gardening purposes. Composting is permitted on any residential or estates property and is specifically excluded from this ordinance provided that: (1) the compost site is located in the rear yard and is at least 10 feet from any property line; (2) all generated compost is for use on-site; (3) no materials are generated off-site; and (4) that the composting activities be conducted in such a manner as to not create a foul odor, attract vermin, or otherwise creates a public nuisance.

Construction and demolition debris. Discarded materials generally considered to 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 or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood and metal scraps from a construction project; effective January 1, 1997, except as provided in F.S. § 403.707(12)(j), unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris.

Exotics or exotics plants. Australian pine (Casuarina, all species), Melaleuca (all species), Brazilian pepper (Schinus terebinthifolius), downy rose myrtle (Rhodomyrtus tomentosus) earleaf acacia (Acacia auriculiformis), Java plum (Syzygium cumini), Woman's tongue (Albizia lebbeck), catclaw mimose (Mimosa pigra), and any prohibited exotic species that may be added to County Ordinance No. 04-41, as amended, (Section 3.05.08, Collier County Land Development Code).

Enclosed container. Any container having a physical structure which prevents materials from falling out, spilling, blowing out by wind action, or coming out by other accidental means during transport or on-site storage, and shall include, but not be limited to, garbage cans, truck bodies capable of being enclosed for transit purposes only, rolloff containers, and any other container sufficient to prevent the accidental scattering or leaking of said materials on surrounding properties and on public roads. A dumpster enclosure is not an enclosed container.

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

Inert waste materials. Brick, block, concrete, rock, stone, earth and sand, free from contamination or other types of waste, free from protruding rebar and/or other metals, 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 shall include, 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 uncontaminated water), sludge, grass clippings, tree limbs, trunks and roots, undergrowth and materials produced by clearing and grubbing and other horticulture wastes, motor vehicle parts and tires, furniture, oil or grease, hazardous wastes (including gasoline, paint thinners and other similar types), the carcass of a dead animal, any obnoxious or offensive matter of any kind, any object likely to injure any person or create a traffic or pedestrian hazard, or any other condition of any unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly. Litter shall not include horticultural wastes, such as palm fronds, that have accumulated on public or private property as the result of natural conditions. Natural conditions means accumulation that occurs as a result of an increase by natural growth rather than manmade.

Mowable lot.

(1)

Any portion, piece, division, or parcel of land in any Recorded or Unrecorded Subdivision of this County, of which fifty percent (50%) or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment, without damage to the lot or equipment. For purposes of determining lot size, rights-of-way, alleys, and all easements shall be included 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.

Prohibited accumulation of exotics. Any accumulation of Exotics, which is located 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 of Courts of Collier County.

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

Storage of litter. The interim containment of Litter in a manner approved by the Board 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 proper containers or receptacles provided for control of Litter, or is not otherwise permitted or authorized, by any other Collier County Ordinance. This term shall not include building materials used in construction or repair of a building or structure which materials are properly stored at the site of such activity, so long as:

(1)

The subject building is being constructed, remodeled, repaired, or demolished 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 that it trespasses on adjacent properties, or creates a negative visual impact to surrounding properties.

Unauthorized accumulation of Litter shall also include, but not be limited to, the accumulation or storage of Litter or containerized Litter or Abandoned Property adjacent 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 for that location by the County solid waste collection contractor, or allowing said accumulation, or container to remain adjacent to the public right-of-way after 6:00 (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 such accumulation is in excess of eighteen (18) inches in height and located on a Mowable Lot, in any Recorded or Unrecorded subdivision of Collier County.

Unrecorded subdivision. Any land which for the purpose of sale or transfer has been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance No. 76-6, as amended, or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier County.

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

(Ord. No. 2005-44, § 4; Ord. No. 09-08, § 4; Ord. No. 2015-12, § 1)