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

(a)

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

(b)

Exemption from lot mowing program. Individual property owners of record whose real property is included in the County's mandatory lot mowing program, may request an exemption from inclusion in the program by submitting to the County Manager, or his designee, a signed written agreement, acceptable to the County, covenanting that the property owner will maintain the property so that the height of any grass, weeds, or otherwise regulated vegetative matter will not constitute a public nuisance or exceed eighteen inches in height. In addition, the property owner must provide a letter of credit, contract agreement, escrow agreement, or some other surety with a mowing company that is acceptable to the County. The surety provided may vary, but must remain in effect throughout the property owner's ownership of the property(s). The agreement must also include a provision of understanding by the owner that should he/she fail to keep the 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 lot mowing program exemption would be revoked by a date certain and the property would be placed in the Mandatory Lot Mowing Program, and not be entitled to any further exemptions so long as the property is owned by the same property owner(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 Mandatory Lot Mowing Program. Invoice billing amounts will include actual costs incurred for 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 address of record. Notice to owner(s) of account balance requirements is accomplished in 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 forth in Subsection (3) above, will constitute a violation of this Ordinance. If, after 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 Magistrate who shall impose a lien against the property. The Special Magistrate shall assess all 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 has been included in the Mandatory Lot Mowing Program and show the cost of abatement, 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 personal and 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 the unpaid balance beginning on the date the order of the Special Magistrate is recorded at the statutory interest rate per annum.

(e)

Legal notice of assessment of lien. The Legal Notice of Assessment of Lien will substantially be in the following form:

BOARD OF COUNTY COMMISSIONERS
THROUGH 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 records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulation on _______, 200___, and ordered the abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005-___, as amended, and served a notice of violation upon you. The nuisance is: ___[describe the nuisance]___.

You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of $___.00 and an administrative cost of $___.00 for a total of $___.___.

Such costs, by order of the Special Magistrate, will become a lien on your property when recorded. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.

Upon issuance of an order by the Special Magistrate, the Secretary to the Special Magistrate will immediately mail a copy of each approved Order and Notice Assessment 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 signature of the determination order by the Special Magistrate, then the Secretary to the Special Magistrate will automatically and without further direction record both the Order 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's property.

(f)

Limitation on time to contest imposition of lien. Any person aggrieved by the imposition 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 this thirty (30) day period, all objections of that person to the imposition of the lien will be deemed to have been waived.

(g)

Prepayment and recording of lien. For a period of twenty (20) days after the date of the order of the Special Magistrate imposing the delinquent lot-mowing lien, the lien may be paid without additional interest. Properties, for which payments are received or postmarked within twenty (20) days from the date the order is signed, 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 be recorded 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 the recording of the lien are entitled to a release and satisfaction of lien from the County. The recording of the release and satisfaction of lien and any charges therefore are the responsibility of the property owner.

(i)

Foreclosure. Liens associated with this Section may be foreclosed in the same manner as liens for property taxes or special assessments. In the event the County prevails, owners of property(s) against whom a foreclosure action is commenced will 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 in the foreclosure action.

(j)

Validity of liens not affected by irregularities. Any informality or irregularity in the 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, and no deviation from the procedures prescribed above will affect the validity of the lien unless it can be clearly shown that the party objecting was materially injured thereby.

(k)

Alternate methods of collection permitted. Nothing herein prohibits the County from utilizing other means to collect delinquent lot mowing fees including, but not limited to, an action for damages filed in the appropriate court in Collier County, Florida.

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