Sec. 22-321. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

County means the unincorporated area of Collier County, Florida.

Failed seawall or revetment means a seawall or revetment that has failed structurally or that has moved from its original position or that does not serve to stabilize the position of the shoreline.

Revetment means a sloping structure which serves to separate real property and/or any improvements thereon from any natural or manmade body of water.

Seawall means any solid upright structure which serves to separate real property and/or any improvements thereon from any natural or manmade body of water.

(Ord. No. 85-2, § 1)

Cross reference— Definitions generally, § 1-2.

Sec. 22-322. - Declaration of nuisance.

(a)

It is hereby declared unlawful and a public nuisance for any property owner in the county to permit or to fail to repair or reconstruct, any failed seawall or revetment upon his property.

(b)

It is further declared unlawful and a public nuisance for any property owner to fail to remove from his property or an adjacent body of water the debris and rubble of any failed seawall or revetment.

(Ord. No. 85-2, § 2; Ord. No. 85-26, Art. 1)

Sec. 22-323. - Enforcement jurisdiction.

In any area of the county where a code enforcement board exists, such code enforcement board shall have jurisdiction to enforce the provisions of this article; however the jurisdiction of the code enforcement board shall not be exclusive. The code enforcement board shall have such enforcement powers to be exercised in such manner as may be provided by county ordinance or state statute, including the authority to levy a fine not to exceed $250.00 for each day a violation continues past the date set by the code enforcement board's order for compliance.

(Ord. No. 85-2, § 3)

Sec. 22-324. - Other enforcement remedies and penalties.

(a)

Violation of the provisions of this article, or failure to comply with any of the provisions of this article shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of the provisions of this article shall upon conviction thereof be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.

(b)

In addition, the board of county commissioners may take any other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any failure or refusal to comply with any of the provisions of this article. Such other lawful action shall include, but shall not be limited to, an equitable action for injunctive relief or action at law for damages or foreclosures of liens. Nothing contained in this article shall be construed to limit or otherwise adversely affect an adjoining property owner's right to seek redress for damages resulting from a failed seawall or revetment.

(Ord. No. 85-2, § 4)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 22-325. - Technical specifications for seawalls and revetments.

(a)

There is attached to Ord. No. 85-2 and incorporated by reference herein a document entitled "Collier County Seawall and Revetment Regulations—Technical Specifications," consisting of pages 1 through 9, inclusive of design figures. All seawalls and revetments constructed, reconstructed, repaired, altered, projected or prolonged in the county after the effective date of this article must meet or exceed these technical specifications as follows:

(1)

Minor repairs to the seawall or revetment which do not necessitate physical alteration to the existing structural support system are exempt from the technical specifications.

(2)

Major repairs to the seawall or revetment which necessitate physical replacement of any portion of the structural support system shall require compliance with all applicable provisions of the technical specifications for that portion of the seawall or revetment. Any portion of a seawall which still has useful life may be utilized, regardless of its compliance with these technical specifications, upon certification by a licensed engineer and submission of said certification to the county building department.

(3)

Reconstruction of any seawall or revetment requiring the complete reinstallation of the sheet pile portion of the structural support system, or any new seawall or revetment section installed adjacent to or independently from any existing seawall or revetment, shall require complete conformance with all sections of the technical specifications for that portion of seawall or revetment.

(b)

Failure to comply with these technical specifications shall constitute a violation of this article.

(Ord. No. 85-2, § 5)

Secs. 22-326—22-345. - Reserved.