§ 54-188. Assessment for abating nuisance.

(a)

After abatement by the County or its agent, the cost thereof to the County as to each parcel shall be calculated and reported to the Collier County Manager or his/her designee. An invoice shall be mailed to the property owner(s) for the cost of 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 of three notices of violation for separate violations during the property owners ownership 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 administrative fee of one hundred ($100.00) dollars for the repeat violation invoice. 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 Special Magistrate and may impose a lien against the property. The Special Magistrate, by determination order, shall assess such cost against such parcel. Said determination order shall:

(1)

Describe the land and show the cost of abatement, and shall include the initial administrative fee of one hundred ($100.00) dollars per parcel as mentioned 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 fee per parcel as mentioned in paragraph 2 of this section.

Such determination Order shall constitute a lien, which shall run with the property until paid. The determination Order shall also specify that interest shall accrue on the unpaid balance beginning on the date the Order is recorded 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 COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN

[Insert Property Owner's Name and Address]		DATE:
REF. INV.#	FOLIO#	LIEN NUMBER:
LEGAL DESCRIPTION:

 

You, as the owner of the property above-described, as recorded in the records maintained 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 the above property prohibited by Ordinance 2005-___, as amended) and served a notice of violation upon you. The nuisance is:

___[describe the nuisance]___

You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a direct cost of $___.___, and an administrative cost of two-hundred ($200.00) dollars for a total of $___.___, [or, You abated the nuisance but failed to pay the $___.___ penalty imposed and caused the County to incur an administrative cost of two Hundred ($200.00) dollars. Such cost, by determination order of a Special Magistrate for Collier County, Florida, will become a lien on your property within twenty (20) days of determination by the Special Magistrate when recorded. You may request a hearing before the Special Magistrate to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 2005-___, (as amended) are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Secretary to the Special Magistrate, Collier County Government Center, 2800 North Horseshoe Drive, Naples, Florida 34104 in writing within ten (10) days from the date of this notice. FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS 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, a suit may be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in F.S. ch. 173, which provisions are hereby incorporated herein in their entirety to the same extent 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, superior in dignity to all other filed liens and claims, until paid as provided herein.

(g)

After recording of the Lien, the County Manager or his designee may accept partial 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)