Backup Documents 01/26/2010 Item #17C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
17C
To: Clerk to the Board: Please place the following as a:
(8] NOffilallegal Advertisement
(Display Adv., location, etc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Code Enforcement Person: Diane Flagg, Code Enforcement Director
Date: 01/05/10
Petition No. (Ifuone, give brief description):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS
AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS,
AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS,
DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION
REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS,
SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN,
ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED
BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF
HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-
TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL
CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Diane Flagg, Code
Enforcement Director
Hearing before x BCC
BZA
Other
Reqnested Hearing date: Januarv 26, 2010 (Based on advertisement appearing 10 days before hearing). (BCC 01/26/2010)
Newspaper(s) to be used: (Complete only if important):
(8] Naples Daily News
o Other
o Legally Required
Proposed Text (Include legal description & COnunOil location & Size:
Companion petition(s), if any & proposed hearing date:
Does Petition Fee include advertising cost? [8J Yes 0 No If Yes, what account should be charged for advertising costs:
111138911 PO#4500110972
Reviewed by:
Division Administrator or Designee Date
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List Attachments:
17C III
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal reviewl or request
for same, is submitted to Cnunty Attorney before submitting to County Manager, Tbe Manager's office will distribute
copies:
o County Manager ageuda file: to
Clerk's Office
o Requesting Division
o Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ,OfkYlA ,/?,J"", d,d
Date Received: ~_ Date of Public hearing: ~"- Date Advertised: ~2alo
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COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i) 17C'1H
To: Clerk to the Board: Please place the following as a:
[2<;] Normal legal Advertisement
(Display Adv., location, etc.)
D Other:
**********************************************************************************************************
Originating DepV Div: Code Enfurcemeut Person: Diane Flagg, Code Enforcemeut Director
Date: 12/21/09
Petition No. (If none, give brief description):
AN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOIUDA;
PROVIDING A TITLE; PROVIDING FOR PllRPOSE AND SCOPE;
PROVIDING GENERAL PROVISIONS; PROVIDING DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR
COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL
REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE
HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR
INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE
OF VIOLATIONS; PROVIDING A METHOD FOR DESIGNATING
HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE
REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY,
PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR
DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT
EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF
HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR
PROPERTY MAINTENACE; PROVIDING THE RESPONSIBILITIES OF
OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS,
VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS;
REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING
FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING;
PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS;
PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT
OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION
OF BOARDING RENEWAL CERTIFICATE; REPEALING ORDINANCES 76-
70,89-06,96-76 AND 99-58; PROVIDING FOR PENALTIES; PROVIDING FOR
LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND EFFECTIVE DATE.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Diane Flagg, Code
Enforcement Director
Hearing before x BCC BZA 1>P Other
Requested Hearing date: Januarv tI. 2010 (Based on advertisement appearing 10 days before hearing). (BCC 01/12/2010)
I
Newspaper(s) to be used: (Complete only if important):
[2<;] Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size:
Companion petition(s), ifany & proposed hearing date:
17Clfl
Does Petition Fee include advertising cost" C2:I Yes D No [fYes, what account should be charged for advertising costs:
111138911 P0#4500110972
Reviewed by:
Division Administrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager, The Manager's office will distribute
copies:
D Couuty Manager agenda file: to
Clerk's Office
D Requesting Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE I~~t'},;~ .lJt I I,? J ,.,tJr
Date Received: I () \ Date of Public hearing: ~
Date Advertised: -'2J~~1
\L"~"
~~\
q}
~o
n\~q,\'OC\
I \ 'lie \\~\
I \
Martha 5, Vergara
From:
Sent:
To:
Subject:
Attachments:
<<Ad sheeteeel,jpg>>
17CI"
nievesblanca [BlancaN ieves@colliergov.nell
Tuesday, December 22, 2009 12:53 PM
Martha S. Vergara
Request for Legal Advertising
Ad sheetO001.jpg; Ad sheetO002.jpg
<<Ad sheeteee2,jpg>>
1
1 7 C' I
ORDINANCE NO, 2010-
AN ORDINANCE ESTABLISHING A PROPERTY
MAINTENANCE CODE FOR nil: UNINCORPORATED AREA
OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE;
PROVIDING FOR PURPOSE AND SCOPE; PROVIDING
GENERAL PROVISIONS; PROVIDING DEJ;'INITIONS;
PROVIDING FOR RULES OF CONSTRIJCTION; PROVIDING
FOR COMI'LlANCE WITH HOUSING STANDARDS;
PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS
AND PROCEDURES; DESIGNATING THE HOUSING
OFFICLAL POWERS AND DUTIES; PROVIDING FOR
INSPECTION OF STRUCTURES AND PREMISES; PROVIDING
FOR NOTICE OF VIOLATIONS; PROVIDING A METHOD FOR
DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR
STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZAIWOUS BUILDINGS IIY THE COUNTY, PROVIDING
FOR THE ASSESSMENT OF COSTS OF REPAIR OR
DEMOLTTIOl'i TO BE ASSESSED TO THE OWNER WHJ>;N
ABATEMENT EXECUTED BY THE COUNTY; PROVIDING
J>'OR THE V ACATIOl'i OF HAZARDOUS BUILDINGS;
PROVIDING THE RESPONSIIlILITY J;'OR PROI'ERTY
MAINTENACE; PROVIDING THE RESI'ONSIBILlTIES OF
OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT
BUILDINGS, VACA1'\T STRUCTURES, AND VACANT OR
UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A
BOARDED BUILDING; PROVIDING FOR NUISANCES;
PROVII>ING STANDARDS FOR SECURING BUILDING;
PROVIDING FOR EXCEPTIONS TO BOARDING
REQlJIREMENTS; PROVIDING FOR COSTS INCURRED BY
THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING
FOR A NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE; REPJ<:ALING
ORDINANCES 76-70, 89-06, 96-76 AND 99-58; PROVmING FOR
PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION;
PROVIDING FOR INCI~USION IN THE com; OJ;' LAWS AND
ORDINANCJ<:S; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND EFFECTIVE DATE,
WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety
and welfare of the citizens of Collier County; and
WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and
dwelling units which are untit for human habitation and use due to inadequate maintenance, obsolescence
or abandonment and which contain defects which increase the hazards of fire, accident, or other
calamilies, and which be reason of the lack of maintenance, inadequale ventilation, inadequate light and
17 GIIi.
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sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and
detrimental to the health, safety, and general welfare of the community; and
WHEREAS, experience and accepted national housing surveys have clearly demonstrated that
such conditions results in a large measure from improper maintenance. inadequate sanitary facilities,
overcrowding conditions in residential occupancies, building and premises, and from general
neighhorhood neglect; and
WHER.:AS, such unsafe and unsanitary conditions can he improved and often eliminated or
prevented through adopted and enlorced housing standards, resulting in the upgrading of living conditions
and an overall enhancement of the gent:ral health, safety, and welfare of all residents and property owners
of the community; and
WHEREAS, there exists conditions \vithin the unincorporated areas of Collier County where
structures used for commercial and non-residential purposes are, or may become in the future,
substandard and further that such conditions, including but not limited to, structural deterioration, lack of
maintenance and appearance of exterior premises constitutes a menace to the health, safety, welfare.
morals and reasonable comfort of the unincorporated County's inhabitants: and
WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain
properties have the effect of creating slum and blight conditions which, if not curtailed and removed, \\'111
grow and spread; and
WHEREAS, by reason of timely regulations and restrictions contained herein, the growth of
slums and hlight may be prevented and the neighborhood and property values therehy maintained; and
WHEREAS, the Collier County Board of County Commissioners linds it is important to protect
and enhance the property values of the unincorporated County; and
WHEREAS, the Collier County Board of County Commissioners finds it is important to heautify
and preserve the appearance and aesthetic qualities of the neighborhoods to control population density,
and 10 control parking and traffic facilities in the unincorporated COUIlty; and
WHEREAS, the Collier County Board of County Commissioners finds it is nccessary to
establish requirements for the minimal maintenance of vacant and boarded propel1ies to prevent blight in
the unincorporated County;
NOW, THEREFORE, BE IT ORDAfNE]) BY THIe BOAR]) OF COUNTY
COMMISSIONEI~S OF COLLIER CONTY, FLORWA:
SECTION ONE: TITLE
This Ordinance shall be known and may be cited as the "Collier County Property Maintenance
Code",
SECTION TWO:
PURPOSE AND SCOPE
2
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17C II
I. This Ordinance establishes minimum standards for the maintenance, upkeep, and
appearance of improved and unimproved premises; to minimize impacts of constnlction:
and provides ajust, equitable and practicable method to prevent:
a. Residential and commercial buildings, structures, and premises from causing and/or
endangering life, limb, health, safety or weltare of the general public or their
occupants; or
b. Diminished property values; or
c. Detracting from the appearance of the residential area.
L The provision of this Ordinance shall apply in the unincorporated area of Collier County
to every portion of a building or premises, used or intended to be used as a dwelling or dwelling unit in
whole or in part, and every portion of a commercial or non-residential building or structure, regardless of
the primary use of such building or structure and regardless of when such building or structure was or is
constructed, altered or repaired.
SECTION THREE: GENERAL POVISroNS
!. Afaintenance. Fquipment systems, devices and safeguards required by this Code or a prior code
under \vhich the structure or premises \vas constructed, altered or repaired, sha 11 be maintained in good
working order. The requirements of this code are not intended to provide the basis for removal or
abrogation of the fire protection, safety systems and devices in existing structures. Except as othervvise
specified herein, the O\Vl1er shall be responsible for the maintenance of buildings. structures and premises.
2. Application of other codes. Repairs. add it ions or alterations to a structure, or change of
occupancy shall be performed in accordancc with the procedurcs and provisions of the code applicable at
the time of construction. Nothing in this Code shall hc construed to eancel, modity or sct aside any
provisions of this section.
3. Existing remedies. The provisions in this Code shall not be construed to aholish or
impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the
removal or demolition of any structure.
4. RCLfUireme11ls not covered bJ' this Code. The Bui Iding Official shall determine requirements
necessary for the strength, stability or property operation and general conditions acceptable for an existing
fixture, structure or equipment not specifically covered by this code.
5. Deviation/rom Code. Where practical difficulties are prohibitcd in carrying out the provisions of
this Coue, the Community Development Administrator or designee, in coordination with the appropriate
licensed authority, if applicable. has the authority to grant modifications for individual cases. The
modification sbal1 be in compliance with tbe intent and purpose of this Code and shal1not lesson health,
3
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17C
i'
life and tire safety requirements. The basis for granting modifications shall be recorded and entered in the
Department files.
6. Compliance. It shall be the duty of each and every owner and operator of improved or
unimproved property within the unincorporated County to comply with the requirements set forth in this
Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in
contlict with the requirements of this Ordinance.
7, Conflict with olhercodes. The provisions of this article shall apply to all buildings, structures or
premises in existence or built within the unincorporated County. Where the provisions of this Ordinance
impose a standard different than that set forth in any other County ordinance or state law, the most
restrictive standard shall apply.
SECTION FOUR: DEFINITIONS
When used in this Code, the following terms shall have the following meanings, unless the
content clearly otherwise requires:
I. ACCESSORY USE OR STRUCTURE o. a use or structure ofa nature customarily
incidental and subordinate to the principal use or structure, and, on the same premises. On the same
premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on
a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be
considered a part thereot~ and not an accessory structure.
2. A TTlC - any story situated wholly or partly in the roof, so designated, arranged or built
to be used for storage or uninhabitable space.
3. BOARD - Board of County Commissioners of Collier County, Florida.
4. BOARDING - the placement of plywood or some type of construction material as a
temporary barrier to cover and obscure a window, storefront or access to a stmcture.
5. BUILDING - a structure of allY kind, which is built or constructed of parts joined
together in some definite manner, which requires a fixed location on, or in the ground attached to
something having a fixed location on or in the ground.
6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the
Collier County Board of County Commissioners.
7, BUILDING OFFICIAL - the individual charged with the responsibility to admiuistrate,
supervIse, direct, enforce, or perform the petmitting and inspection of construction, alteration, repair,
remodeling, or demolition of structures and the installation of building systems to ensure compliance
with the Florida Building Code.
4
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17C II
8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board
created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida
Statutes,
9. CODE ENFORCEMENT INVESTIGATOR - any authorized agent, representative, or
County employee designated by the Housing Ollicial to ensure compliance and enforcement of the
provisions oUhis Code.
10. CONDEMNA110N - the declaration by a Housing Official or designee that a property
or structure is unfit for use or habitation or dangerous to person or other property pursuant to Chapter 553,
ParI VI, Florida Statutes, with consultation from the Fire Depaltrnent, Health Department, Building
Official, or other applicable agency.
II. COUNTY MANAGER- County Manager or his designee.
12. DANGEROUS BUILDINGS AND STRUCTURES- all buildings, dwelling units or
structures which are unsafe, unsanitary. untit for human habitation, or do not provide for adequate egress,
or which constitute a lire hazard, or arc otherwise dangerous to human life, or which in relation to
existing use constitutes a ha7ard to safety or health by rcason of inadequate maintenance, dilapidation,
obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be
classified as anyone of the follo\ving:
a. A structure or dwelling unit, which, in the opinion of the Fire Inspector
constitutes a fire hazard; or
b. A slructurc or dwelling unit, which in the opinion of the Health Inspector,
constitutes a threat to the health of its oceupants or to the health of the general public hy
reason of the unsanit,uy, infectious or defective condition of said building; or
c. A structure or dwelling unit. which in the opinion of the Building Ofjlcial or
designee or a Florida State Certified engineer falls below minimum structural standards;
or
d. A structure or dwelling unit, the interior walls or other vertieal structure members
of which list, lean or buckle 10 the extent that plumb line passing through its eenter of
gravity Calls outside of the middle third of its base; or
e. A structure or dwelling unit, exclusive of the foundation, which evidences 33%
or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or
covering; or
f. A structure or dwelling unit existing in violation of any provision of the Building
Code or any other ordinance "fthe County.
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17G ,
13. DEBRIS - any material which is stored externally or internally and shall include, but not
be limited to the following; discarded household items; inoperative or discarded machinery, automobiles
or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing
fixtures, insulation, and other building material.
14. DETERIORA TION - a loweriug in quality in the condition or appearance of a building
or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or
any other evidt:nce or physical decay or neglect, or excessive use, or lack of maintenance, including the
landscaping and parking areas.
15. DILAPlDA TED - substantial deterioration of a building or parts thereof, such that said
building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally
intended.
16. DWELLING UNTT- A single unit within a building providing complete independent
Jiving facilities for one or l11or~ persons including permanent provisions for living, sleeping, eating,
cooking and sanitation.
] 7. ELECTRICAL CODE- National Electrical Code, as it may be amended or its successor.
18. FIRE TNSPECTOR - One certified to have met the inspection training requirements by
the Division of Sate Fire Marshall of the Department oflnsurance.
19. GARBAGE - any animals or vegetable waste resulting trom the handling, preparation,
cooking, and consumption of food, including food containers of any type.
20, GAS CODE- the Building Code revisions, as may be amended or its successor.
2 \, HABTT ABLE ROOM - a space in a structure for living, sleeping, eating or cooking,
Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar
areas are not considered habitable space.
22. ilEAL THTNSPECTOR - the Director of the Collier County Health Department or his
or her designee.
23, HOUSING OFFICIAL -the officer charged with the administration and enforcement of
this Code or a duly autborized representative or representatives. The Code Enloreement Direclor is
hereby designated to be the Housing Official.
24. TMPROVED PROPERTY- real property, which contains a building(s) or other stmctural
improvements.
25. INFESTATIOIV the presence within or around a structure of insects, rodents, or pests,
which are detrimental to the public health, safety, and general welfilre of the residents or occupants, or
neighboring properties.
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17C it
26. INOPERABLE VEHICLE(S) -. vehicles or trailers of any type that are not immediately
operable, used fllr the purpose for which thcy wcrc manufactured, in need of mechanical or electrical
repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the
Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current
valid license plates.
27. LOeIL ACENT OR O,"ER,1TOR a persoo or represontHti\e of a Borperatio&;
j:1ftftnership, ftfm, joint veNture. trLJ~;t, association, organi~~ation or-Dtller cRtit), hllving his or her fllate of
residence in Collier Count:.: fHlihiestgnatcd A)' tRIb ev.l1cr to mnintfrin such premises in emnpliance ',yith
the-'l'ffivisi""s-Bf-tltis..OrdinaAee undcHIte--ReitlftJ...R..gistmtion Sectiun. THe owner lI1ay aet as the local
agent so long as hef,;he. resides in-tHe-Ge-H-~
27. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure.
This term shall include, but is not limited to. any occupied or unoccupied structure, commercial structures
or buildings, lI1ixed use buildings or structures that include both dwelling units and office or retail
combinations, and every' other structure that is not a dwelling.
28. ^'VIS'ANCE- Unsanitary conditions or anything offensive to the senses or dangerous to
health.
29. OCCUPANT - any person living, sleeping, cooking or eating Ul, or having actual
possession of a dwelling unit, within the confines of any building or structure.
30. OPENABLE AREA - any part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors,
31. OWNER.. the holder of the title of property, if fee simple, and any person, group of
persons, company, association or corporation in whose name tax bills on the property arc issued, It shall
also mean any person who, alone or Jointly or severally with others: (a) shall have legal title to any
dwelling unit, \vith Of without accompanying actual possession thereof; or (b) shall have charge, of or
control of any dvvelling unit, as owner, personal representative, executor, executrix, administrator, trustee,
guardian of the estate of the o\vner, mortgage or vendee in possession, or assignee of rents, lessee, or
other person, firm, or corporation in control of a building; or their duly authorized agents. Any such
person thus representing the actual owner shall be bound to comply with the provisions of this Code, and
of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his
responsibility to noti fy the actual owner of the reported infractions of these regulations pertaining to the
propel1y, which apply to the owner.
32. OXYG/:,'N DEPLETION SENSING SYSTEM (ODSS)- an automatic pilot and shutoff
system. Incorporates a pilot designed to be stable \vithin narrow conditions of operation, which is
7
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designed to blow out or lift oft' under reduced oxygen atmospheres, resulting III gas shutoff by a
companion valve.
33. PERSON- any individual, firm, corporation, association, partnership or other entity.
34. PLUMBING CODE - the Building Code revisions as may be amended or its successor.
35. PREMISES - a lot, plot or parcel of land, or portion thercof, including the buildings or
structures thereon.
37. RENT,1L REG!STRATlONS the r{!g-i5teFi~fre"ideAti.1 rent.lllAils "ith the Callier
CellA!)' Code Enforcement Dep'_.
3R. RE,YTAL ulv.Tr ;\ rental UBi! is any d',':elling I:llttt-tfiat L not a'Aner oeeupie4---btH
occupied by _~onWOA.e other thnn the D'Sller for flay portion Elf a ealeA6af year.
37. RESIDENTIAL STRUCTURES - any dwelling unit Ot structure where any part is used
or intended to be used for living, sleeping, cooking or eating.
38. RUBBISH.. any waste material other than garbage.
39. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including
the window portion therein. The assembly mayor may not have an operable section to provide
ventilation.
40. SPECIAL MAS+ER-MAGISTRATE - an attorney designated by the Board of County
Commissioners pursuant to Chapter 162, Florida Statutes who has the authority 10 hold hearings and
assess fines against violators of Collier County Codes and Ordinances.
41. STAIRWAYS - one or more flights or stairs and the necessary landings and platforms
which fbrm a continuous and uninterrupted passage from one story to another, within or attached to the
exterior of a building or structun:.
42. STORY.. that portion of a building including between the upper surface of any floor and
the uppcr surface of the floor next above, except that the topmost story shall bc the portion of a building,
included between the upper surface of the topmost floor and the ceiling or roof above.
43. STRUCTURE - anything constructed or erected which requires the fixed location on the
ground, or in the ground, or attached to something having a fixed location 011 or in the ground. including,
but not limited to, fences, buildings, towers, smokestacks. lItility poles and overhead transmission Jines.
44. SUBSTANDARD- any residential or commercial building or structure used as a
dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creatcs a hazard to the
health or safety of the occupants/public. Any such unit which lacks illumination. ventilation or sanitation
facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe,
and unsanitary, as wel] as unlit fllr human habitation and therefore substandard, except that it shall not be
8
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17C "
deemed ,ub,tandard if built and maintained in accordance with the building code at the time of
construction.
45. VENTILATION - the process of supplying and removing air by natural or mechanical
means to or from any structure, building or dwt:lling.
46. WEA THERPROOF - able to withstand exposure to weather without damage or loss of
function.
47. WEATHERTlGHT. ahlc to exclude wind and rain under typical local weather
conditions.
48. YARD -. an open, unoccupied space on the same lot with a bnilding, structure or
dwelling.
49. ZONING ORDlNANCE. the Comprehensive Zoning Ordinance (or Land Development
Code) for unincorporated Collier County, as it may be amended.
SECTION FIVE:
RULES OF CONSTRUCTION
For purposes of administration and enforcement of this Housing Code, unless otherwise stated in
this ordinance, the following rules of construction shall apply:
1. The \vord "shall" is ahvays mandatory and not discretionary and the word "may" is
permissive.
2. Words used in the present tense shall include the plural future; and words used in the
singular shall include the plural and the plural singular, unless the context clearly
indicates the contrary; use of the masculinc gender shall include the feminine gender.
3. The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
4. Whenever the words "structure", ';building", "dwelling unit"', or "premises" are Llsed
in this Ordinance, they shall be construed as though they were followed by the words
"or any parts thereof'.
SECTION SIX:
COMPLIANCE WITH HOUSING STANDARDS
AU dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section
as hereinafter set forth:
]. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than
one (J) kitchen sink with counter work space, one (I) lavatory hasin, one (1) tub or shower, and one (I)
commode, all in good working condition and properly connected to an approved water and sewer system
as approved by Collier County or the Collier County Public Health Department as applicable. Every
9
17 C11
plumbing fixture and \-vater and wastewatt:r pipe connection shall be properly installed in accordance with
the Plumbing Code and maintained in good sanitary working condition, free frol11 defects, leaks and
obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the
occupants of the dwelling unit. The commode, tub, or shower: and lavatory basin shall be located in a
room affording privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have
connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold
water, all in good working condition. All connections shall be supplied through an approved pipe
distribution system connected to a potable water supply.
3. WATER HEATING FACILITIES - Every dwelling or dwelling unit shall have water
heating facilities which are properly installed and maintained in a safe and good \vorking condition and
are capable of heating \\'ater to n temperature as to penllit an adequate amollnt of water to be drawn at
every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120
degrees Fahrenheit.
4. lIEA TING FACILITIES -- Every dwelling or dwelling unit shall be equipped with
heating equipment which shall be capable of safety and adequately heating all habitable rooms to a
temperature of68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any
electrical heatjng equipment shall be installed and connected to electrical circuits as prescribed in the
Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented
fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing
System (ODSS). Any appliance which has been converted fi-om a vented to an unvented heater shall not
be used under any conditions.
5. COOKING EQUIPMENT.. every dwelling unit shall contain an operable stove or range
and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6. GARBAGE DISPOSAL FACILITIES Every dwelling unit shall have adequate
garbage or rubbish disposal Hlcilities or garbage or rubbish storage containers.
7. LIGHTAND VENTIL4TION.. Every habitable room of a dwelling unit shall meet the
minimum size and access requirements of the Building Code.
8. BA THROOM.. Every bathroom of a dwelling or dwelling unit shall comply with the
minimum light and ventilation requirements for habitable rooms except that no window or skylight shall
be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system.
10
~ "._.._..'_;_,_____.~e..."'.,.~"..'^._ .. _'.'..e~'4.__...~_,~_........__~.,__..,.~._ ~~.,'~'._"..._~~__,,__."..~~.__, ,_'.~
17C 'I
9. ELECTRIC LIGHTS AND OUTLETS Every dwelling or dwelling unit shall be wired
for electric lights and convenience oUllets. Every room shall contain at least one wall-type electrical
convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation.
10. LIGHT IN PUBLIC HALLS AND STAIRWA YS - Every public hall and stairway in a
structure containing three or more dwelling units shall be adeguately lighted at all times. Structures with
less than three dwelling units shall be supplied with a conveniently located light switch that controls an
adequate light system which can be tumcd on when needed if continuous lighting is not provided.
II. ELECTRICAL SYSTEMS - All tixtures, conveOlenee receptacles, equipment and wiring
of a dwelling or dwelling unit shall be installed, mai11lained, and conncctcd to thc source of electrical
power in accordance with the provisions of the Electrical Code, in effect at the time of violation.
12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS _ all the
following component or a dwelling unit shall be maintained in good condition.
a, FOUNDA TJON - The building foundation walls or other structural elements
shall be maintained in a safe manner and be capable of supporting the load which normal use may
place thereon.
b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes,
breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight
and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration.
Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall
be removed or repainted to match existing surfaces.
c. ROOFS -- Roofs shall be maintained in a safe manncr and have no defects which
might admit rain or cause dampness in the wall or interior portion of the building.
d, MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a
safe, unobstmcted means of ingress/egress leading to a safe and open space. A second means of
escape or egress may be required in accordance with the Building Code as amended by Collier
Connty.
e. A TTlC ACCESS - Access to the attic shall be provided by means of an access
panel within the dwelling unit. This provision does not require tenant access.
f. STAIRS, PORCHES, AND APPURTENANCES- Every inside and outside
stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition,
capablc of supporting a load that normal use may place ther~Oll, and ill accordance with the
Building Code as enacted by Collier County.
II
,.. ..'".......~_..__......-.'M_~______..__<__"...~...,,~~_.._.,
17C l'
g. PROTEC71VEIGUARD RAILINGS - Protective/guard railings shall be required
in the manner prescribed by the Building Code. Such railings shall be maintained in good
condition and be capable of bearing normally imposed loads.
h. HANDRAILS - Ilandrails shall be required in the manner preseribed by the
Building Code.
I, WINDOWS AND EXTERIOR DOORS ... Every window, exterior door, shall be
properly titted within its frame, provided with lockable hardware, and shall be weather-tight and
\\/catherproof, and maintained in good repair. Every \vindow required for light and ventilation for
habitable rooms shall be capable of being opened easily and secured in a position by window
hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes.
Openings originally designed as windows and doors shall be maintained as such, nnless approved
by the Building Official for enclosure. The closing in of a window or door shall be by bricking
the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of
an authorized bui [ding material and finishing the exterior \vith like material of the original
exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to
prevent water intrusion, and painted or stained to conform with the other exterior portions of the
building. The hoarding shall remain in place no (onger than 18 months, unless an extension is
granted by Code Enforcement Special Mastef b1agistr~te.
.I. WINDOW SASH - Window sashes shall be properly filted and weather-tight
within the window frame.
k. HARDWARE - Every door shall be provided with proper hardware and
maintained in good condition.
\. SCREENS - Every window or other device used or intended to be used for
ventilation whieh opens directly to the outdoor space shall have sereens. Dwelling units
which contain operable central heating and air-conditioning systems are not required to
have screens on doors and windows.
m. PROTECTIVE TREATMENT - All exterior surfaees other than deeay-resistant
woods shall be protected from the elements hy rainting or other proteetive eovering according to
manufacturer's specifications.
n. ACCESSORY STRUCTURE All accessory structures shall be maintained and
kept in good repair and sound structural condition.
o. INTERIOR DOORS - Every interior door shall be properly fitted within its
frame.
12
17C ,
p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a
permanent floor of approved material prescribed by the Building Code. Every floor and interior
wall shall be free from infestation and maintained in good repair to prevent deterioration and shall
be capable of supporting the load which normal use may cause to be placed thereon.
q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be
maintained in good repair and show no evidence of deterioration which would render it incapable
of carrying loads which normal use may cause to be placed thereon,
r. GUTTERS AND DOWNSPOUlS. Gutters and downspouts shall be maintained in
good repair and shall be neatly located and securely installed,
13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the
minimum spacc footagc requirements ofthc Land Development Code and shall contain at least 250
square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet
of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No
habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the
Building Code,
14, MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms
and laundry rooms shall have a cciling height of not less than the minimum ceiling height requirements
specified in the building code at the time of construction.
15. POOL MAINTENANCE, PRIVATE.. all swimming pools, spas and architectural pools,
ponds or other decorative bodies ofwator, not otherwise rcgulatcd by thc Health Depal1ment, shall be
properly maintained so as not to create a safety hazard ur harbor insect infestation, Water shall not be
allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, inclnding but
not limited to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW FLOOD ELEVA TlON- no space constructed
below the then minimum flood elevation at the time of the original construction shall be used as a
habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.:
game room) and improved to meet FEMA requirements.
17. RESIDENTIAL PARKING FACILITES- all residential properties mllst provide
parking facilities in accordance with the Collier County Land Development Code and shall be treated
with a stabilized surface made of concrctc, crushed stone, asphalt, or brick pavers. Such facilities must be
maintained in good condition and repairs to the parking surfaces must be made with like materiaL
18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained
so as to prevent decay, as characterized by holes, breaks, rot, msting or peeling paint. All exposed
surfaces of metal or wood shall be protected from the elements, decay or rust.
II
17C1'
19. SANITATION REQUIREMENTS.
a. All public or shared areas. and habitable rooms of any dwelling unit, structure,
accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or
owner, in accordance with Health Department standards.
b. Nothing shall be placed, constlUcted, or maintained on any premise that conflicts
with this code so as to constitute a nuisance or fire hazard,
c, All buildings, structures, accessory structures (including private swimming
pools), dwelling units shall be regularly maintained and kept free of infestation.
d. The plumbing fixtures in every dwelling unit. building or structure shall be
maintained in a clean and sanitary condition as prescribed by the Health Department.
20. SMOKE DETECTORS - All dwelling units shall be equipped with smoke detectors to
meet the minimum Building and Fire Code requirements. If the structure was built without wired
detectors, battery operated smoke detectors are recommended for installation. All rental units shall have
smoke detectors that meet the residential Landlord and Tenant Act,
SECTION SEVEN,
RENTf.L RECISTIU.TJON R}:QUIIU:~n:NTS "~"!D PROCEDURES
1. When an) av, elliAg "nit is occupied b) -semeene o~her Hum the OWAer f{)r aH)' PArtiOR
of a caleHdar) ear, a rebuttable ]'lresumptioA ari.;e,; that the dwelliAg "Ait is a rCRtal HAit. The preGHmptioA
may-lJe rebHttea 8)' "videAce that the occupanc)' of the d\\elling uHit is due to hOllsesittiAg, hab)' sittiAg,
pet sitting, or the lil~0.
2. REGISTR1\ TIm, OF RENT/\.L UNITS ItEQl!IRI:D The s....Aer(s) sf an)' reAtalunit
shall rebister each rental unit v, ith-ti1e Collier COUIll) ConlAn",it)' De\'elopmeAt aAd EA' irenmental
"""""",s--A,ltt1ffH5l"lltof,Bf.his-<lestgRee.. uud .; IHII.kle&ignat<'rillHt\{fivid,litl.{tf.eltl#y-as-l!te-l_.<tl-Age_
Gf~BHh~Slere<l FeHlHl-ttntt-R-egi,tntti,}H-;;1mlI.he-ltlftt!e.-rwioHe-lhe-us<;+) fan:, d\\ e II i II g II II iHt5-fl
FeItl~-HtHL
;...------AJ.I.l'lAC,^.T 10N-FOR-RHGIS'('R,\ TIO N PROC[.PI.' K LS ,'\I'plieat i olrfuH~flll-iet+
sfHH-1 be comf>>eted4t)f-t>Ac.J:rtHt~te(.Ht)-ttl€- 1111iJIl:i.rtltWffied Collic,-..f:.fflHtt'j-.-alid in accordfiHe~-with
sueh instructions as-rnay--be--previded by the COffil11liflity Dc\clopmeI-lt aHa EA'.'iroflmefl.taI8cw.iees
AJ.m...itt-f.stf'H4-Oi7-0f-fH";;-~~hJ-iHt.--4tt(-k.at-fr.ft'linHntHll...-1Jw-ft~I~+wi+tg-ttlfum-lft-t-t<-Hl-7
a. The Harne "Ad aadresses-am!-{eJephofle ,"um""rs 111' all owners of the reAtal Hnit.
14
17C
"
1
~-The name, local addres,; ana t.lepHene Aemeer Df tHe responsiele leeal agent or
~
e, TI:e n'''!leer of renlal units and the aaaress (es) of eaeh reA tal snit
d, THe nam.....nd address Bfan) mortgagtH~
I. LOC"-L ,"-GENT OR OPER,'.TGR-'A-pe~1>Sentati\e efa corpomtion,
partnership, firm, joint '/enture, trust, ussDoiation, organization or-other emit), having-his Elf her j3laee of
residence or lm:;ine.;s in Collier CDlmt). de&igilBtea e) tHe owner to operate and/or manage seeh premises
in aceordancc--wit.Jr4e-tolhJ"sing pro', i:;~
a. Loenl .'.gent or Operator-Reqeirement.; THe Leeal ,'.1;ent or Operator must ee
an indi\ iduf11 'SAD resides \, itfHft-Gollier County BAd is a minimum ef 1 & years of age, J. local
eusiness eAtity possessing a Collier COURt) Oeeupational License" ho is registered ',' ith-an4
1010'''' A e) the Floriaa Departmellh>f.&ate; or the property owner, pro',ided he/sRe is a residellt of
Collier Coun~eal estate agent-eF-brok_B/'-tRe oWller 31,"11 not ee deemed a "Loeal-Ageffi'2
for parposes oftltis-seetien-llflIess "aid real estate agent or erol;er is re1;istered in aecordanee ,...ith
t-ffis seetioR.
b. Duti.s nnd Responsibilities The designated Local ,'.geAt or Operator shall at all
times ensare the rentaluAit(s), for wltieh he is responsiele, is in compliaAee ','. ith all Collier
Coent)' Code.; and-GHlffiallces. The Lecal .'.gent or Operator shall ee ,ested ,/, ith the autherit)' t'll
reeeive Aetices of violffiiBfl-aAd-4a11 be vested" ith the aUlOOflly-le-coAsent to aeeeos to sueh
residellce (0 dnly anlhori~~'fieials eonducting in.;pootffins-neeessary to ells"",
OOflljHianee-wi#rtfle-te""s-BHhis Ordinance. ,',11 offieial Aotiees ofylelation of all Csllier
Geunt) Codes and Ordinance:; is;ned to tAC Local :\8eAt or Operator sAal1 be deemed to ha, e
eeell served UpOA the 0'.' Aer 0 f-fe<lflffh
c. PrBtJert)' O\', ner and Local ,"-gent ,"-greement An)' pers8n(s) or entity
Gesignflle4-1->y-lhe prepel1) owner(s) to aet as Looal ;\gent or Operator ,"usl accept the doties alld
resl'oosibHities .s set fOl1h iA this OrdinaAce. SacR aeeeptunee sRall ee indleutea 8)' 'Mitten
agreement-llY-ilfld-be1weell the we pert) oWAer(s) and the named Loeal ,'geAt or Operator, 'NAie-l,
~lt..red-en-tRe-aPl'hcatioA for Rental Dwelling-Yffit Registfiltion, Withdra','lll ef seeR
an-agreement shall resalt-in-revBefltien-,,/'-said re1;istralion. Failor. 18 provide said agreement
shall he greends te refuse is,:eanee of Renlal-Yn*Registration thereh) constitutiAg a violatieA of
~
5. TER.',4S, EXP+RA.TION, RENEW,'LS AND TR,'NSFERS ReAtalllnit registratioA
eenifieales shall Be issued fer fl peried of one (1) )'ear. Said registratioA shall be updated-aJmually on or
bef."re JURe 30". Delinquent registrHtioAs \\ ill result in a daily peAalty as estahlished BJ resolatien efthe
15
17C
,
Boara of CO"'1t)' ComAlissioAers, Shoula a ehaAge "eeHr in OWA","h;!, or LBeal ,"'gent "r Operator
information, a transfer or sHpplemel1!al registratiBA shall ee filed with th. ComnHlRit) D8,el"pmeAt aAa
Environm<Ata! Services Di'.isiOl: within teA e I G) aEle) S of sHeh ehaAge b) the proper!) 0" Heres). /\H)'
change in owAeffilHfTBf..boc'll:!-AgenH.1r OperatN-infBt1flat';HA v, ith"ut notiee to the COHmy shall ,e"Hlt iA
re'iocatioA or caneellat.jon-of-said-.registratiHn-an4-s!ltlIl-oo-deeme<l a violatioA of this OraiAanee.
Ii. RHIT.\l. UNIT INSPECTIONS /\11 reAtal-uH;ts registered" ilh Collier COeA!)' may
be iHspe6tea, fDr aA additional fee, ey the Ilousing Onicial, or de5igAee, iA aeeordaAe. with Ihis
Ordinance to ensure the housing cOAdjtion~; and surrounding premises are in eOAlflliaflCe with the Ceaes
~-C-{)IIief..Ceunty,--A1I nail compliaAt conditions shall reselt in . failed inspecti"A aAa
denial ora rentallinit registratiell eel1ificBte. t>!otiee 01'1110 non eomplisflt conditions \\illl3e proviaed to
tne 8?Her aHa agent and sHeA eomiitiells shull require correction in a timel:, manner. Rep~atod !lOR
complianee with aA)' Code affecting premise shall require an anl1liaHflSpection uAtil the premise has been
found free of violations for at least two-f~teotlseoutivc years.
7. RFVOC,^,TION I C.\~iC[LL\TION The Collier COHnty Communi!)' De','elopmeAt
aA(4 Environmental Serviees Di", ision ,'\aministrater, or his clesignee,tnay re'.'oke or eaned a registration
eH-th-e-futlov. iAg grounds: I) informHtion containefl....ett.-the rzglstratioll is false or fnaterial facts 118':8 beeR
omitted, 2) a per.~on or~Jl:J5mes~, re;istered under this section has ','ioluted GeUl'lt)' !u'r\s or Ofainaflees for
the proteetioA of the pHillie health, ,det) , or ",,<lfare and it is determined that the-contimled rental
r-egistratioA wOHld ee detrimeAtal to the puhlffi-health, safety, or welfare, or 3) payment of reAlal
registration fees are dishollored-bY-irfinan~'-iaI-iflstitufi<m.~{)OOli__ceIIatiofl of registrutitm-shall
constitute un unregistered reranl unit,
8. APPE.\LS TO REVOCf,TION/ C.\~ICEl.Lf,T10N OF CERTIFICA TE Prior to the
SECTION EICHT SEVEN: ESTABLISHMENT OF HOUSING OFFICAL ..DESIGNA TION;
POWERS AND DUTIES
There is hereby established the position of Housing Omcial who is hereby charged with the duty
of administering the applicable standards sct forth in the Ordinance and securing compliance with the
minimum Housing Standards set forth in this Ordinancc. Thc Codc Enforcement Director is hereby
designated to be the Housing Official establishcd by this section. The Housing Official is hereby
authorized to:
I. Conduct inspections 01' take other appropriate action to require compliance with this
Ordinance;
1(,
,.. '_'''___'''~...n _'''<___~'__''_~___""<C'~'~''__ '''~''_.__'._,". "_~_>_'~"""~__'''''''''''__''-'-''''''''.'_~~____'~'"_'_'~~"",~.,.~c,_
17C 'I
2. Investigate alleged violations of this Ordinance and to enter upon real property in the
conduct of official business;
3, Issue notices of violation and written demands to correct violations ofthis Ordinance;
4, Initiate any and all other criminal or civil cnforcemcnt action as may be authorized by
law to require compliance with this Ordinance;
5. Appoint Code Entorcement Investigators to assist with the enforcement of this
Ordinance.
SECTION NINE EIGHT: INSPECTION OF STRUCTURES AND PREMISES,
I. Complaint-driven-<ll', requested ,or inspector initiated inspections of properties subject to
this Ordinance~ shall be conducted by the County to ensure that such properties are in compliance with
the provisions of this Property Maintenance Code. Ithis provision shall not be interpreted as authorizing
the County to conduct inspections of properties without the consent of the owncr or occupant or without a
warrant. The County shall charge the property owner a fee for each unit inspected consistent with the
CDES Fee Resolution. In securing consent, or at the time of inspection, the Housing Official or the Codc
Enforcement Investigator shall present County-issued identification and shall explain to the owner,
occupant or operator the purpose of the inspection.
2. If the inspection of a property reveals violations of the provisions ofthis Property
Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a
random sampling of the properties involved which may include multiple units.
3. For inspections involving multiple units at one location and upon consent of owner or
designee or issuance of inspection \yarrant, a random sampling of the properties will be inspected as
follows:
a. J to 4 units, all units;
b. 5 to 10 units, 50% of units;
c, I I to 29 units, 20% of units;
d. 30 to 49 units, 15% of units;
e. 50 or greater, ifone location, 5% of the units with a maximum of20 units.
In the case of 50 or greater units, if the Housing Official finds one or more serious,
health, safety or habitahility violations in 5 % ofthc units, the Official may ask to inspect more units to a
total of 100% of the units in the development community. The Housing Official may assess a
noncompliance inspection fee of $50.00 per unit inspected, per re-inspection, if any violation still exists
after allowance of a reasonable time period for compliance.
17
.0. _...~.....",._.,.__.._.~._,,_,,_~ ~"__'""'~_'__~._,.,~~,~._~,_,.__~_________.....".
17C f
4. The Housing Ortieial and all appointed designees are authorized and directed, in
accordance with this Section, to enter and inspect dwclling units, buildings, structures and premises to
determine their eondition in order to assure compliance with the provisions of this Code or upon receipt
of complaints or when the Housing Official has cause to believe a violation of this Code exists,
Inspections shall take place during the regular business hours of Collier County Government, or at a time
mutually agreed upon by the llousing Official and the owner, operator or occupants, Should the owner,
agent, operator, or occupant fail to make the mutually agreed upon inspection, a final inspection must be
obtained within 30 days of the original inspection date,
5, The owner, operator, occupant or other person in control of the dwelling unit, building,
structure or premises shall, upon conscnt, allow thc Housing 011icial or designee free and unrestricted
access to all areas subject to the provisions of this Ordinance for purposes of a full aud complete
inspection. In the event that the I-lousing Official or designee is denied access or cannot obtain access to a
dwelling unit, building, structure or premises for purposes of inspection, the Housing Official or designee
is authorized and directed to seek and obtain an inspection wan-ant authorizing entry and inspection
pursuant to Chapter 933, Florida Statutes, as it may be amended or replaced,
SECTION +EN NINE: NOTICE OF VIOLATION PROCEDURES,
Whcnevcr the Housing Official or Code Enforcement Investigator determines that a violation of
this Ordinance exists, the following action shall be taken:
1. The Housing Otlicial or Code Enforcement Investigator shall provide written notice of
any alleged violation to the owner, operator or other party responsible for the dwelling unit, building,
structure or premises, Such written notice of violation shall include the following:
a, A description of the location of the structure involved, either by street address or
legal description;
b, A statement of the facts supporting the violation and the reason why the notice
of violation has been issued;
c, A reference to the Section or Sections of this Ordinance and any applicable code
or ordinance upon \vhich the violation is based;
d, If repairs or alterations will bring the structure into compliance with this
Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply
with this article;
e, If repairs or alterations are necessary for compliance, a specified time within
which such repairs or alterations are required to he made;
18
17C ,
f. If the violation is of such character that repairs or alterations cannot bring the
structure into compliance, a statement to that eJTecl and an order for vacating the premises with
an explanation therefore and a time frame for vacating the premises;
g. The name or names of persons upon whom the notice of violation is served as
stated in subsection (2) of this Section;
h. A statement advising that the failure to cure the violation within the time period
stated will result in the Housing Omcial taking any and all action as may be permitted by law to
abate the violation.
2. The notice of violation may be either personally served upon the owner or served by
certified mai I, return receipt requested, at the address of the owner as listed in the tax collector's office for
tax notices. lfa notice of violation sent by certified mail is returned as unclaimed or refused, notice shall
be posted in a conspicuous place of the premises at \vhich violations are located and at the County
courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the
notice. Posting of the premises shall be eonsidered adequate even if the notice is removed by the owner,
operator, occupant or any other unauthorized or unidentified person prior to the 10 day time pcriod having
lapsed. ~;er\'ice OA the 0'>\ Aer's agcltH>HljJerator at tAe nddress-.J.i5ted.-ffi ()'^ ner's Rental Registration
llJ'f'HooIieA by first e1asc, mail :;Aall ,ubAitute-for sen ice 0" tAe OWAer. If the owner does not occupy the
premises, a copy oCthe notice oCviolation shull also be provided to the occupant of the premises.
3, The Housing Official is authorized to condemn any building, dwelling, structure or
accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human
occupation and constitute a dangerous building structure. The Housing Official may placard the premises
and order the premises be vacated or closed to occupancy when the premises arc unsafe, unfit or
unsanitary for human occupancy. The failure of any person to comply with such order within the time
designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized
person removing, defacing or mutilat.ing any such notice, order or placard as provided for in this Code
shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24
of this Ordinance.
SECTION ELEVEN~: METHOD FOR DESIGNATION AND ELIMINATION OF
HAZARDOUS CONDITIONS
If an appropriate person, as identified under the definition of Dangerous or Hazardous Building,
identifies a hazardous or dangerous condition existing within a building or structure, he shall make an
itemized report of all hazards within the area of his expertise and certify said report to the Housing
Official. The Housing Offieial shall thcnl10tify the owner of the offending property, in writing, and
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demand that said owner cause the hazardous condition to be remedied. The notice may be either
personally serviced, upon the owner or served by certilled mail, return receipt requested, at the address of
the owner listed in tax collector's omee for tax notices. [fthe building or structure is occupied, the
I-lousing Oflicial shall also causc a copy of the notice to bc provided to the occupant or occupants of the
property, or upon the Agent or Operator. In the event that personal service upon the owner or his Ageut or
operator, cannot be performed after diligent search, then service shall be accomplished by physically
posting the notice upon said property at which the violations arc located and at the County courthouse at
least] 0 days prior to the hearing or prior to the expiration of any deadline contained in the notice
Posting of the premises shall be considered adequate even if the notice is removcd by the owner,
operator, occupant or any other unauthorizcd or unidcntified pcrson prior to thc 10 day time pcriod having
lapsed.
After scrvice of the notice, the owncr shall have 30 days to remedy the hazardous condition after
obtaining all applicable pemlits, or the County will remedy the hazardous condition at the complete cost
of the owner. If the owner wishes to contest the Housing Omcial's delermination of the existence ofa
hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master
Maeistrate ofCollier County within fifteen (15) days from the date of service of the notice. The notice
shall be in substanrially the following form:
NOTICE OF DANGEROUS BUILDING
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
Our records indicate that you are the owner(s) of the following property in Collier County,
Florida.
(Describe property by legal description or address)
An inspection of this property discloses, and I have found and determined, that a hazardous and
dangerous building exists thereon so as to constitute a threat 10 the safety of its occupants and/or
the general public of Collier County. The specillc hazards are as follows:
(Describe / list hazardous conditions)
You are hereby notified that unless the above dangerous couditions are remedied, so as to make
the property in compliance with this Ordinance within thilt)' (30) days trom the date hereof, the
County will remedy the dangerous condition and the cost thereof will be levied as an assessment
against such property. You are further notified that should you desire to contest the Housing
Official's determination of the existence of a dangerous building you may apply for a hearing
before the Code Enforcement Board (CEB) or (Special Maslef Magistrate of Collier County).
Such request for hearing shall be made in writing to the Secretary to the CEB /Special Mastef
Magistrate within filleen (15) days from the date of this notice.
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17C
-
,
SECTION TWELVE ELEVEN: STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILIHNG BV THE COUNTY
If the owncr fails to rcpair the hazardous condition within thirty (30) days of service of the notice
that a hazardous condition exists, or within lifken (15) days of the final dctermination by the Bea<<I Code
Enforcement Board or Special MaRistrate that a hazardous condition exists, then the Housing Official
shall, in ordering the repair or demolition of dangerous buildings, be guided by the f()lIowing:
a. Whether the interior walls or other vertical structure mcmbers list, lean or buckle fo the
extent that plumb line passing through its center of gravity falls outside of the middle third of its
base; or
b. Whether the non-suPP0l1ing, enclosing, or outside walls or covering, exclusivc ofthe
foundalion. evidences 33% or greater damage to or deterioration; or
c, Whether a structure exists in violation of any provision of the Building Code or any other
ordinance of the County.
If the building is unoccupied and it is dcemed that demolition is not feasible, the building should
be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or
dwellings.
SECTION THIRTEEN TWELVE: ASSESSMENT OF COSTS TO OWNER WHEN
ABATEMENT EXECUTED BV COUNTY
I. If the owner fails to remedy thc hazardous condition, the County shall remedy the
hazardous condition and notify the owner of the expense incurred by certified mail, return receipt
requested at the address of the owner as listed in the tax collector's ofllcc for tax notices. The Housing
Ofllcial shall then certify to the Bea<<I.of.Gmmtj Commi3sioHef5 CodeLnforccment Board or Speci,!!
Magistrate the expcnse incurred in remedying the violation, whereupon such expense shall become
payable within thirty (30) days. [fthe owner fails to pay the expensc incurred within the prescribed time
limit, the Bea<<I <;;~1ik..Ent'orc~ment .e~Q.ard or SpeciaI1l1.?gistrate.shall O"""e a resolutionlo he adopted
assessing a speciaJ- aJien and eharge upon the property which shall be payable with interest at the legal
rate as of the date of certification by the Hosing Offieial. The notice of assessment shall be in
substantially the following form:
LEGAL NOTICE OF ASSESSMENT
DATE:
NAME OF OWNER: _.________.____
ADDRESS OF OWNER:
Y Oll, as the owner of record 01' the following property;
(Describe propel1y)
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I~
1
Are hereby advised that Collier County, Florida did on the _ day of ,20_, order that
the hazardous or dangerous condition which existed on the above property be remedied, and
sending you notice thereof, the specific hazards being:
(Itemizc Hazards)
A copy of such notice has been sent to you. You have failed to remedy the hazardous condition;
whereupon, it was remedied by Collier County at a cost of$ __; such cost, has heen assessed
against the above property, in the same manner as a tax lien in favor of Collier County on
__. ...u..._ . .' 20 ___' You may request a hearing before the Board of County
CE1fFll'Aissiener,: ~<),Q,~.E!:lJQT~__~_D]_~.J_HJ3Q?_r9.__Q!1ipccial Magistrate to show calise, if any, why the
expenses and charges incurred by the County under this Ordinance are excessive or unwarranted
or why such expenses should not constitute a lien against the property. Said fe~Hest fer Rearing
shall 13e IFlade to the Cieri, of the Board of Geunty Cenm,issioeer in 'MitiAg ....ith;R teR (10) days
from the date of this notiee,
Such lien shall be enlorceahle 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 ofthc Clerk of the Circuit Court and recorded among the public records of Collier
County, Florida.
2. If the owner feels that the expense certilicd by the Housing Official for correcting the
hazardous condition is excessive, he may appeal the amollnt assessed by filing a written notice of appeal
with the County Manager, with a copy to the Housing OHlcial, within ten (10) working days after the
notice of assessment. The owner llIay then appear before the Board and present facts supporting his
position. Thereafter, the decision of the Board shall be linal.
3. The Property Appraiser shall keep complete records relating to the amount payahle for
liens, ahove described, and the amount of such lien shall be incloded in tax statements thereafter
submitted to the ovvncrs of lands subject to slIch liens.
SECTION FOURTEEN THIRTEEN: NOTICE FOR THE V ACA TiON OF HAZARDOOS
BOILDlNGS
If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril
to life and health, the Code Enforcement Board or Special Ma&tef l'0agistrate may order the building to
be vacated.
SECTION FlF.TEEN FOURTEEN: RESPONSiBILiTY FOR PROPERTY MAINTENANCE
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17C f
Every owner of real property within unincorporated Collier County is required to maintain such
property in a manner so as not to violate the provisions of this ordinance, and such owner remains liable
for violations thereof regardless of any contract or agreement with any third party regarding such
property,
SECTION SIXTEEN FIFTEEN: RESPONSIBILITIES OF OWNERS OF
NONRESIJ)ENTIAL STRUCTURE, VACANT BUILDINGS, VACANT
STRUCTURES, AND VACANT OR UNIMPROVED LOTS
All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots
shall comply with the following requirements:
]. Nonresidential Structures:
a, All nonresidential structures shall be watertight, weather-tight, inseet-proof and in good
repair.
b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and
rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of
maintenance and repair.
c, Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in
a workmanlike state of repair and in a clean and sanitary condition.
d. All rainwater shall be so drained and conveyed from every roof, and the lot shall be
graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure.
e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent-
proof and shall be maintained in sound condition and repair, and secured with propcr hardware.
f. Every inside and outside stairway, every porch and every appurtenance thereto shall be
constructed to be safe to use and capable of supporting the load that nonnal use may cause to be placed
thereon, and it shall be maintained in sound condition and repair.
g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and
maintained in sanitary working condition, free from defect, leaks, and obstruction.
h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be
reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition.
\. Every supplicd facility, piece of equipment or utility which is required under this chapter
shall be so constructcd and installed that it will function safely, and efTectively, and shall be maintained in
good working condition.
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J. All exterior surfaces shall be protected from decay by painting or other protective
covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be
required to be treated, repainted or both. All siding shall bc weathcr-resistant and watertight.
k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or
nonrcsidcntial property in vicw of the general public.
I. E<lel'ior Lighting. All outdoor lighting shall be in compliance witb the following: a) non-
vehicular light sources that shine into the eye of drivers of vehicles or pedestrian which could impair safe
traverse are prohibited; b) alllightiug shall be shielded and aimed at owner's premises or sidewalk and
shall not create an adverse affect on adjacent properties.
m, Landscaping maintenance. Where landscaping plans have been specifically ineorporated
and approved in a development plan, the landseape areas shall be maintained in a manner equal to the
original landscaping approval.
n. Accessory struclures. Garages, storage buildings and all other accessory structures shall
be maintained in good repair and sound structural condition. Structures, attached or unattached to the
principal structure, which are found by the building official to be structurally deficient, shall be repaired
or demolished within the timeframe set by the notice of such condition, Maintenance of accessory
structures shall comply with the following:
(1 )The exterior of the building and premises to include but not limited to parking areas and
landscaping areas shall be maintained in a sound, clean and neat condition,
(2)Signs shall be maintained in good condition, Whcre the sign structure remains, the sign
faces are to be placed with black panels (permit required). The design and color is subject to
approval by the Building Department under the applicable development regulations.
(3)AII advertising structures, awnings and accompanying support members shall be
maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising
structures or awnings not properly maintained in aceordance with this subsection shall be
removed. Awnings or marquees made of cloth, plastic or a similar material shall not show
evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all
supp0l1ing members sball be removed. Where supporting members have beeu left from sign
removal prior to adoption of this article, sueh supporting member shall be removed within
three months of the effective date of this ordinance. Nothing in this subsection shall be
construed to authorize any eneroacbments on streets, sidewalks or other parts of the public
right-of~way,
(4)Where parking areas are to be barricaded to prohibit vehicular travel, it sball be
aceomplished by installation of parking bumpers pinned to the pavement.
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17C i'
2. Structures and Unimproved Lots:
a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in
clean and sanitary condition, induding yards, lav\.'l1, courts and driveways. Any dead or dying
landscaping must be replaced and maintained. Uneven or damaged surfaces with or without
holes must be repaired.
b. Exterior premises shall be kept free from the excessive growth of weeds, grass and other
t1ora.
c. Every owner of a building, structure or lot, previously improvcd or occupied, shall grade
and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon,
except for permitted storm water management detention/retention purposes.
d, Unauthorized motor vehicles are prohibited from parking on or driving across any
portions of a vacant lot, except for areas designated and approved by the County.
e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary
conditions or constitute a public nuisance.
f. Every owner of a building, strueture or lot shall keep the premises reasonably free from
rodents, insects and vermin.
g. The roof of every building or structure shall be well drained of rainwater.
h. All exterior surfaces shall be properly maintained and protected from the elements by
paint or other approved protective coating applied in a workmanlike fashion.
i. Every owner of a building. structure or lot. vacant or occupied, shall be responsible for
removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti from
the building's exterior.
j. All signs must be maintained and comply with the provisions of the Land Development
Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the
same color as the adjacent exterior walls of the. building to remove any shadowing created by the removed
SIgn.
k. All materials used to board or secure a vacant building against enuy shall be painted in a
workmanlike fashion in the same color as the adjacent exterior walls of the building.
\. Every owner of a building or structure that is vacant and unsecured shall secure and
maintain in secure condition all entrances and all other openings of such building or structure including,
but not limited to, windows and doorways.
111. Whenever any ground floor windo\v of a vacant commercial storefront is found to be
shattered, cracker, missing or broken, the owner of such building shall repair or replaee the window.
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17C t
n. All non-residential and commercial properties must provide parking facilities in
accordance with the Collier County Land Development Code and shall be treated with a stabilized
surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be
made with like material. Parking shall be limited to designated areas (striped parking spaces) and said
areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of
customer, employee or company vehicles parking, nor shall any itern(s) be placed, abandoned or allowed
to remain in allY right-of-way.
SECTION SEVENTEEN SIXTEEN: CEUTIFICA TE UEQUlUED FOU BOARDING BUILDING
I. A cel1ificate of boarding is required for all buildings that are boarded. The fee for
certificate of boarding shall be set by resolution of the Board of County Commissioners.
2. No person shall erect, install, place, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwise secure such openings by a means other than the
conventional method llsed in the original construction and design of the building or structure without first
applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a
boarding certificate, and thereafter having a valid and current boarding certificate issued by the cOllnty.
3. The Code Enforcement Department shall issue a boarding certificate upon the submission
of a written application by the O\VlIcr of the property or his authorized representative or contractor; upon
the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement
Investigator, that the boarding or other method of securing the building or structure has been done in
compliance with this ordinance.
4. The boarding certificate issued pursuant to this section shall authoriz.e the boarding or
other securing of a building or structure for a period of no greater than six months from the datc of the
issuance. Rcnewal of the boarding certificate may be granted by Code Enforcement Director or designee
after the initial six-month period for an additional six months. A property owner or his representative or
contractor seeking renc\val ofthe boarding cCliificate must file \vritten request with the Code
Enf()fCement Department 110 latcr than ten business days prior to 1he expiration of the original certificate.
The issuance of a renewal boarding certificate shall be subject to all of the following conditions:
a. The boarding or other method of securing the building or structure has been done
in compliance \vith this Ordinance, as confirmed by a Code Enforcement Investigator after
inspection of the building or structure by the investigator.
b. The owner or his authorized representative or contractor has submitted to Code
Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for
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17C '_
correction, repair, or rehabilitation of violations of state or local building and housing standards
and for the securing of the doors, windows, and other openings by the conventional method used
in the original construction and design of the building or structure or, alternatively, a detailed plan
for sale ofthc propclty to another person or entity with provision in the sale of correction, repair,
or rehabilitation
c. The owner or his authorized representative or contractor has submitted to Code
Enforcement, prior to the hearing, a time line for applying for all appropriate pennits for such
work and for completing such work prior to the expiration of the renevval certificate or,
alternatively, a time line for the sale of the property
d. The renewal certificate may be revoked by the Code Enforcement Board or
Special Mastef Magistrate if the owner fails to comply with the plan for such work or fails to
adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate
shall be done in accordance with this Ordinance.
S. A hoarding certillcate may not be extended beyond the renewal period except upon
demonstration that good cause for the renewal exists. Good cause shall require a sho\'v'ing by the owner
that the cCliificatc renewal is made necessary by conditions or events beyond the owner's control, such as
inability to obtain financing for repair or rehabilitation, unanticipated delays in construction or
rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall
also require a showing by the o\-vner that the owner has exercised reasonable and due diligence in
attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the
property. If the Code Enforcement Board or Special Mastel' Magistrat.; determines that there exists good
cause to renew the certilicate, the ccrtillcate may he renewed by the Code Enforcement Board or the
Special Mastef Magistrate for a period of up to, but not more than, an additional six months, subject to all
of the same conditions imposed on the original renewal certificate,
6. No occupicd building shall be permitted to he boarded for a period greater than 60 days.
SECTION EIGHTEEN SEVENTEEN:
NUISANCES SPECIFIED
It is declared unlawful and a public nuisance for any owner of any property in the County to
allow any vacant and unocenpied building that has doors, windows, or other openings broken or missing,
allowing access to the interior, on his property which is not secured in compliance \vith this Ordinance,
SECTION NINETEEN EIGHTEEN: STANDARDS }'OR SECURING BUILDING
I. Compliance with county ,pecifications. The boarding of the doors, windows, or other openings
of any building or structure, or any means of securing such openings, other than by the conventional
27
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method Llsed in the original construction and design of the building or structure, shall comply \-vith the
specifications as required by this Ordinance.
2. Addilional requiremel1ls. In connection with the boarding of the doors, windows, or other
openings of any building or structure, or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure, the owner
shall also comply with all of the following requirements:
a, All electrical service to the building or structure shall be shut off for safety precautions.
Compliance with this subsection may be waived in writing by the Building Official or designee as
to the electric utility service if electricity is needed to power exterior security lighting, an alarm
system, or equipment to be used in connection with the rehabilitation of the building or structure
for which there is an active and current building penn it.
b. The sewer shall be capped in a manner approved by the County so as to prevent the
accumulation of methane gas in the building or structure.
c. The interior of the building or structure shall be cleaned of all trash, junk, garbage,
debris, and sol id waste, and personal possessions shall be removed from the interior of the
building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to
firefighting equipment or personnel in the event of a fire.
SECTION TWENTY NINETEEN:
EXCEPTIONS TO BOARI>ING REQUIREMENTS
A boarding certificate shall not be required in the follo\ving circumstances:
1. Temporary emergency situations, including, but not limited to, an activation of a Local
State or Federal response plan, hUlTicane preparation and damage caused by local weather.
2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to
an order rendered by the CEO.
3. County-initiated boarding and securing,
SECTION TWEN-T-Y-ONE TWENTY:
OF LIEN
COSTS INCURRED BY COUNTY; ASSESSMENT
All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall
be charged and billed to the person in violation of this Ordinance Unless payment is made within 30 days
of such billing, tAe Board ot'C8unt) CBmmi:iC,ioAer" may,by-tlte-a~H>f-a-.'~en levying s8eA
eltarges-illl4-i>dministrati\e fees the C,Q<le Ent()rcement Board or Sm:cia1 Ma~istrate shall assess against
the property a lien in the amount of the charges outstanding. Assessment liens levied in this manner shall
be tiled with the Clerk of Courts and in the public records of the County as a lien against ,the property and
28
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shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such
assessmcnts shall bear interest at the legal rate and such liens may be foreclosed in the same manner in
which mortgage liens are foreclosed.
SECTION TWENTY TWO TWENTY -ONE: _NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE
1. The Secretary to the Code Enforcement Board or Special Master Magistrate shall send out a
Notice of Hearing to the OWner or his anthorized representative by either certified mail, return receipt
reqnested, hand delivery npon a party, posting on the property and at the courthouse, or in any manner
anthorized as provided by the Ordinance establishing the Code Enforcement Board or Special Mas!ef
Magistrate, as appropriate. The Secretary to the Board shall provide Notice to the owner as herein
provided at least ten (10) days prior to the hearing at which the revocation consideration will be
presented, A copy of said Notice shall be sent to the supervisor of the Code Enforcement Investigator
involved, the Code Enforcement Investigator involved and if applicable, the attorney for tbe Board.
2. The Notice of Hearing shall inform the property owner that he or she is permitted to provide
an evidentiary packet of information to the Secretary to the Board or Special Master Magist@1!' for
distribution prior to the Hearing. In order to have the information provided to the reviewing body prior to
the Hearing, the property owner should submit fifteen (15) copies of his or her information to the
Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board shall
distribute the evidentiary packet to the reviewing body. If the Code Enforcement Investigator intends to
provide an evidentiary packet prior to the Hearing, the evidentiary packet must be delivered to the
property owner along with the Notice of I Iearing. 'rbe Secretary to the Board shall not deliver his or her
evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or until
the deadline hy which the owner's packet of information must be received by the Secretary has passed. If
the owner timely delivers his or her evidentiary packet, the Secretary to the Board shall deliver all
preliminary evidentiary packets together.
SECTION TWENTY nmEE TWENTY-TWO: REPEAL OF COLLIER COUNTY
ORIHNANCE NO, 76-70; ORDINANCE NO, 89-06;
ORDINANCE NO, 96-76; AND ORDINANCE NO, 99-58,
Collier County Ordinance No. 76-70 relating to Dangerous or Hazardous Buildings; Ordinance No, 89-06
relating to Minimum Housing Standards and Ordinance Numbers 96-76 and 99-58 relating to Rental
O\velling Unit Registration Requirements arc hereby repealed in their entirety and superseded by this
Ordinance.
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SECTION TV!ENTY FOUR TWENTY-THREE:
PENALTIES,
If any person, firm or corporation, whethcr public or private, or other entity fails or refuses to
obey or comply \vith or violates any of the provisions orthis Ordinance, such person, firm, corporation or
other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a
fine not to exceed Five Hundred Dollars ($500,00) or by imprisonment not to exceed Sixty (60) days in
the County Jail, or both, in the discretion oflhe C01ll1, Each violation or non-compliance shall be
considered a separate and distinct offense. Further, each day of continued violation or non-compliance
shall be considered as a separate offense.
Nothing hereiu contained shall prevent or restrict the County trom taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-
compliance. Sueh other lawfili aclions shall iuclude, but shall not be limited to, an equitable action for
injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to
prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement
Board or Special M"oter Magistrate established pursuant to the authority of Chapter 162, Florida Statutes,
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the Connty and the County shall be authorized tu pursne any aud all remedies set forth
in this Section to the full extent allowed by law,
SECTION ~ TWENTY.FOUR:
LIBERAL CONSTRUCTION,
This Ordinance shall be liberally construed 10 effectuate its public purpose.
SECTION TWENTY SIX TWENTY-FIVE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES,
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to
accomplish such~ and the words "code" or "ordinance" may be changed to "section", "article", or any
other appropriate word.
SECTION TWENTY SEVEN TWENTY-SIX: CONFLICT AND SEVERABILITY,
In the event this Ordinance conllicts wilh any olher ordinance of Collier County or other
applicable law, the more restrictive shall apply. Ifany phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, slIch portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
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SECTION TWENTY EICRT TWENTY-SEVEN: EFFECTIVE DATE,
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this _ day of ________
,2009.
ATTEST:
DWIGHT BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA
BY:
~----~--~-~---
Maureen Kenyon, Deputy Clerk
BY:
Donna Fiala, Chairman
Approved as to form and legal
Sufficiency:
Jeff Wright
Assistant County Attorney
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17'(:
Acct. #068782
December 22, 2009
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE
Dear Legals:
Please advertise the above referenced notice on Friday, January 1, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office,
Thank you,
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500110972
17Ct'
. ,
H
"
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 12, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance, The meeting will commence at 9:00 A,M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A
TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING GENERAL
PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF
CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS;
PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES;
DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR
INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF
VIOLATIONS; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS
BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION
OF HAZARDOUS BUILDINGS BY THE COUNTY, PROVIDING FOR THE
ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE
OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE
VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR
PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF
NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES,
AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A
BOARDED BUILDING, PROVIDING FOR NUISANCES; PROVIDING STANDARDS
FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING
REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND
ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR
REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER
ORDINANCES 76-70, 89-06, 96-76 AND 99-58; PROVIDING FOR
PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection,
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed, Individual speakers will be limited to 5 minutes on
any item, The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item,
17C
r
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing, In any case, written
materials intended to be considered by the Board shall be submitted
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
to
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance, Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252~8380,
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17C
Martha 5, Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, December 22, 2009 3:44 PM
Naples Daily News Legals
Ord. Establishing a Property Maintenance Code
Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code
(1-2010).DOC
Legals,
Please advertise the following attached ad on Friday, January 1, 2010.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verqa ra@lcolliercierk,com)
17C
Martha 5, Vergara
From:
Sent:
To:
Subject:
Attachments:
Martha S. Vergara
Tuesday, December 22, 2009 3:44 PM
Naples Daily News Legals
Ord. Establishing a Property Maintenance Code
Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code
(1-2010).DOC
Lega Is,
Please advertise the following attached ad on Friday, January 1, 2010,
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verqara@collierclerk,com)
1
17C
Martha 5, Vergara
From:
Sent:
To:
Cc:
Subject:
Martha S. Vergara
Monday, December 28,200910:50 AM
Naples Daily News Legals
Patricia L. Morgan
Please Kill the following ad sent on Wed. of last week (Ord. Establishing a Property
Maintenance Code)
Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code
(1-2010).DOC
Attachments:
Please Kill the following ad sent on Wednesday last week. I will resend as soon as the County Attorney completes the
corrections to be made..
Please send an ok to verify killing the ad..
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqa ra@lcollierclerk,com)
From: Martha 5, Vergara
Sent: Tuesday, December 22, 20093:44 PM
To: Naples Daily News Legals
Subject: Ord, Establishing a Property Maintenance Code
Legals,
Please advertise the following attached ad on Friday, January 1, 2010.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqa ra@lcollierclerk,com)
1
Martha 5, Vergara
From:
Sent:
To:
Subject:
Attachments:
Importance:
17C
Heredia, Blanca [BEHeredia@Naplesnews.com]
Monday, December 28,200911 :12 AM
Martha S. Vergara
Ad Confirmation
UAS47A6.jpg
High
BEEN KILLED AND WILL NOT PRINT,
NOTICE HA5
THANK YOU,
BLANCA
Thank you for
Date
Publication
Account Number
Ad Number
Total Ad Cost
placing your ad,
12/28/139
NDN
7441135
18323413
$13,1313
1
17C
Martha 5, Vergara
From:
Sent:
To:
Subject:
SerranoMarlene [MarleneSerrano@colliergov.net]
Monday, December 28, 2009 11 :55 AM
Martha S. Vergara
FW: see revised title below
Martha,
Please find below the revised title for the advertisement.
Thank you so much for your assistance in this matter.
If you need anything else, please let me know.
Thanks,
Marlene Serrano
Operalions Manager
Code Enforcement Department
Office 239-252-2487
Fax 239-252-3926
From: NeetVirginia
Sent: Monday, December 28,200911:54 AM
To: 5erranoMarlene
Cc: KlatzkowJeff; WrightJeff
Subject: see revised title below
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS
AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS,
AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS,
DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION
REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOllS CONDITIONS,
SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN,
ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED
BY COUNTY, SECTION FOllRTEEN, NOTICE FOR VACATION OF
HAZARDOllS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-
TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL
CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE,
1
17C
".~
,
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Virginia A. Neet, Legal Assistant
Office of lhe Collier County A1torney
Telephone (239) 252-8066 - Fax (239) 252-6600
;ci(i((;;,SC;,)(!i
onki lliq'~~}fi. !.:\1"
e.,nii'l addlc;;-;
in ;;\~rCll~,(' iel d pu~_'ii( r",'UXc!s ft~q,H<;i. (~n :iul :;i'(;-'
nll-)
2
Martha 5, Vergara
l1C
From:
Sent:
To:
Subject:
SerranoMarlene [MarleneSerrano@colliergov.net]
Monday, January 04,20108:15 AM
Martha S. Vergara
RE: see revised tille below
I thought the paper said yesterday that it was ok, as long as we send it before 12 noon? My boss is not going to be
happy about it, but I guess if it can't be done, it can't be done..
Thank you for all your help. I appreciate it.
Marlene Serrano
Operations Manager
Code Enforcement Department
Office 239-252-2487
Fax: 239-252-3926
From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk,com]
Sent: Tuesday, December 29,200911:20 AM
To: SerranoMarlene; NeetVirginia
Cc: Patricia L. Morgan
Subject: RE: see revised title below
Importance: High
Marlene,
Naples Daily sent an e-mail this morning saying that this ad can't run on January 1", the earliest it can run is January 3'0..
that will not give it enough time to run as required. This ad will have to be moved to next BCC Meeting on January 26'"
to meet the required advertising time. If you have any question feel free to call our office.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha, verqara@lcollierclerk,com)
From: SerranoMarlene [mailto:MarleneSerrano@colliergov,net]
Sent: Monday, December 28,200911:55 AM
To: Martha 5, Vergara
Subject: FW: see revised title below
Martha,
Please find below the revised title for the advertisement.
Thank you so much for your assistance in this matter.
tl1C I"
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 12, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-58, AS AMENDED,
KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY
AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE
WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN,
RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION
NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION
AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE,
STANDARDS FOR THE REPAIR OF DEMOLITION OF HAZARDOUS BUILDINGS BY
THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER
WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR
VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO,
NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE,
AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard,
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 5 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged, If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item,
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing, All material used in presentations before the Board
will become a permanent part of the record.
17C
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based,
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance, Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E, BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17CIJi1\
Martha S, Vergara
From:
Sent:
To:
Subject:
Martha S. Vergara
Tuesday, December 29, 2009 11 :26 AM
'Heredia, Blanca'
RE: Ord. Amending Property Maintenance Code
Thanks for letting me know Blanca, I am checking with the County Attorney... it may have to be pushed to another
date... if it is I will let you know ASAP..
Thanks again,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. veraa ra(Olco Ilierclerk,com)
From: Heredia, Blanca [mailto:BEHeredia@Naplesnews,com]
Sent: Tuesday, December 29, 2009 10:55 AM
To: Martha 5, Vergara
Subject: RE: Ord, Amending Property Maintenance Code
Importance: High
At this point we can print these notices on January 3cd Please let me know if that's ok ASAP.
Thank you,
CJ3(anca CE, J{ereauz
Napfes (])aify News
1100 I mmofigfee '!Wad
Napfes, 'FL 34110
'Te[ 239.263.4710
6efzereaUl@napfesnews,com
From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk.com]
Posted At: Monday, December 28, 20094:09 PM
Posted To: Legals - NDN
Conversation: Ord, Amending Property Maintenance Code
Subject: Ord, Amending Property Maintenance Code
Lega Is,
Please advertise the following attached ad on Friday, January 1, 2010.
Send an ok when you receive.
Thanks,
1
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verqa ra@lcollierclerk,com)
17C
Please visit us on the web at \vww.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(ci.lcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e~mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
Martha S, Vergara
17Cll
From:
Sent:
To:
Subject:
Martha S. Vergara
Wednesday, December 30,20098:08 AM
'Heredia, Blanca'; Naples Daily News Legals
RE: Ord. Amending Property Maintenance Code
Blanca,
Please Kill the ad..
the Code Enforcement Department will have to change the meeting date to meet the required days of advertising.
If you have any question please call the office.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha. verqa ra(CiJcoll ierclerk,com)
From: Heredia, Blanca [mailto:BEHeredia@Naplesnews,com]
Sent: Tuesday, December 29, 2009 10:55 AM
To: Martha 5, Vergara
Subject: RE: Ord, Amending Property Maintenance Code
Importance: High
At this point we can print these notices on January 3,d Please let me know if that's ok A5AP.
Thank you,
(]3fanca p" J{ereaw
:Napks rDaiEy :News
11 00 I mmo/i,slfee '!Wad'
:Napks, 'FL 34110
'Tef: 239,263.4710
6efiereaUl@T1ilpfesnews,com
From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk,com]
Posted At: Monday, December 28, 2009 4:09 PM
Posted To: Legals - NDN
Conversation: Ord, Amending Property Maintenance Code
Subject: Ord, Amending Property Maintenance Code
Legals,
Please advertise the following attached ad on Friday, January 1, 2010.
Send an ok when you receive.
1
Thanks,
17Cll
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verGara (ijJcoll iercierk,com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk@lcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
If you need anything else, please let me know.
17C I;"
Thanks,
Marlene Serrano
Operalions Manager
Code Enforcement Department
Office 239-252-2487
Fax 239-252-3926
From: NeetVirginia
Sent: Monday, December 28,200911:54 AM
To: 5erranoMarlene
Cc: KlatzkowJeff; WrightJeff
Subject: see revised title below
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS
AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS,
AND SECTION SIX, COMPI~IANCE WITH HOUSING STANDARDS,
DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION
REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIG"IATlON AND ELIMINATION OF HAZARDOUS CONDITIONS,
SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOVS BUILDINGS BY THE COUNTY, SECTION THIRTEEN,
ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED
BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF
HAZARDOUS BlJILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-
TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL
CERTIFICATE, AND SECTlO1'i TWENTY-FOl!R, PENALTIES; PROVIDING
FOR INCLUSION IN THE COOE OF LAWS AND OROINANCES; PROVIDING
FOR CONFLICT AND SEVERABlUTY; AND PROVIOING FOR AN
EFFECTIVE DATE,
--------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
2
Martha 5, Vergara
From:
Sent
To:
Subject
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05, 2010 3:26 PM
Martha S. Vergara
RE: Property Maintenance Code
ok
From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk.com]
Posted At: Tuesday, January 05, 2010 2:46 PM
Posted To: Legals - NDN
Conversation: Property Maintenance Code
Subject: Property Maintenance Code
Legals,
Please advertise the following attached ad on Fridav, Januarv 15, 2010,
Please send an ok when you receive.
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha, verqa ra(6lcoll ierclerk,com)
Please visit us on the web at Ww\v.collicrclerk.colll
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailinghelodesk(Q)collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Martha 5, Vergara
17C ty~ j.
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Tuesday, January 05,20103:45 PM
Martha S. Vergara
Ad Confirmation
UAS10BB.jpg
ATTACHED please review your notice & confirm approval via email,
Thank you for
PUB, Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
213-6061
placing your ad,
JAN, 15, 2010
NDN
1833637
$292,34
_.<--.~._--_.-.._-
11C 11:_
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 26, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M, The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS AMENDED,
KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY
AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE
WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN,
RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING
SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN,
NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION
TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS
BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO
THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION
FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION
SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION
TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN,
SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR,
PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard,
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed, Individual speakers will be limited to 5 minutes on
any item, The selection of an individual to speak on behalf of an
organization or group is encouraged, If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item,
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
~~._-",.,,-_>._.".~. ., '.--. _.--~._._.~.."'._--~---~.._."._"-"~.~-,-----~._.
public hearing, All material used in presentations
will become a permanent part of the record.
171\ H~I
before tte Bo~rd
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380,
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
FRED COYLE, VICE-CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
.~-----_._.._~--~...
Martha 5, Vergara
17 C"
From:
Sent:
To:
Subject:
Martha S. Vergara
Wednesday, January 06, 2010 2:41 PM
'Pagan, Emely'; Naples Daily News Legals
Please Kill the ad below..
Hi Emily,
Please Kill the ad below" I will resend when the typo has been changed" in about five
minutes,
ATTACHED please review your notice & confirm approval via email,
Thank you for
PUB, Date
Publication
Ad Number
Total Ad Cost
placing your ad,
JAN, 15, 2818
NDN
1833637
$292,34
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(ma rtha. verqa ra(Cilcollierclerk,com)
1
-.-.---...----..-.-..,,-----.
17C
Martha 5, Vergara
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, January 06,20102:53 PM
Martha S. Vergara
Ad Confirmation
UAS3816.jpg
Ad # 1833637 has been killed as per your request.
Thank you for
Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
placing your ad,
61/66/16
NON
1833637
$6,66
1
'~~"'_-----"--'"- __'m'_~_'..',,__, "".""'_~'___~__.._.,_~__ _",_, _..-__"n_.....___...~_,.,..__,._._~.M__"_~_.~_,~~__._.'___M,_. ,'" ,'.. ._.,.__~,_. __'_
17C
Acct. #068782
January 5, 2010
Attn: Legals
Naples News Media Group
1100 lmmokalee Road
Naples, Florida 34110
Re: Ordinance Amending Property Maintenance Code
Dear Legals:
Please advertise the above referenced notice on Friday, January 15, 2010, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved to this office,
Thank you,
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500110972
"__'_~'_"".>"V_"_"'_"'_~'_'_"_ '~".'_'^.'____'___'______~_._".~.._,~-....~
171: Mill
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, January 26, 2010, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board
of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS AMENDED,
KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY
AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE
WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN,
RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING
SECTION NINE, INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN,
NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION
TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS
BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO
THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION
FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION
SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION
TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN,
SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR,
PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
Copies of the proposed Ordinance are on
Board and are available for inspection.
invited to attend and be heard.
file with the Clerk to the
All interested parties are
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed, Individual speakers will be limited to 5 minutes on
any item, The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item,
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
--.<...--.... -'.-.. ,------ ."-"-"+"'-'~'-"'<- ""-'._-' -.--.----.---......, ,-
-"''''''''--'-'''''-~-'-''---;~
public hearing, All material used in presentations
will become a permanent part of the record,
17C h~1
before the Board
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance, Please contact the
Collier County Facilities Management Department, located at 3301
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380.
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
FRED COYLE, VICE-CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
^ ',' -.,'.,,,_.._-_...-----<.- -~,..,,-'"'~,..~,..._-~_....__..__._~~--,.-,......,,-
Martha S, Vergara
.11C
,;,
~ .;
From:
Sent
To:
Subject
Pagan, Emely [EPagan@Naplesnews.com]
Wednesday, January 06, 20103:08 PM
Martha S. Vergara
RE: Revised - Property Maintenance Ord. Ad
ok
--"---~~--"-----'---"~-"--"'---"~--"-'--"-'--~'-~-_''''__~~_~____ "~__~_-'~'N'"_'_~"_',._",____~___",,____~____"__"___._._.___.......___
From: Martha S. Vergara [mailto:Martha,Vergara@colliercierk,com]
Posted At: Wednesday, January 06, 2010 3:02 PM
Posted To: Legals - NDN
Conversation: Revised - Property Maintenance Ord, Ad
Subject: Revised - Property Maintenance Ord, Ad
Legals,
Please advertise the following attached ad on Fridav, Januarv 15, 2010,
Please send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Clerk to the Board of County Commissioners
Minutes and Records Department
239-252-7240
239-252-8408 fax
(martha, verqa rai.6lcolliercierk,com)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emaiJing helodeskC6lcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
.._-_._..._----~.~"~,.;.._.,-_._.....---- .
Ann p, Jennejohn
17C t~1
From:
Sent:
To:
Subject:
Naples Dally News [naplesnews@clicknbuy.com]
Friday, January 15, 2010 12:11 AM
Ann P. Jennejohn
Thank you for placing your classified advertisement.
Ad # 1833861
Thank you for placing your classified advertisement.
The following represents the current text of your advertisement:
NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 26,
2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M, The title of the proposed Ordinance is as follows: AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY
PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION
SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN,
RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE OF VIOLATION
PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF
HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION
OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO
THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR
VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR
BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY;
ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTYFOUR, PENALTIES; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Copies of the proposed Ordinance are on
file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and
be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator
prior to presentation of the agenda item to be addressed, Individual speakers will be limited to 5 minutes on any
item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized
by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of 3 weeks prior to the respective public hearing, In any case, written materials intended to
be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to
the public hearing, All material used in presentations before the Board will become a permanent part of the
record, Any person who decides to appeal a decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability
who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to
the provision of certain assistance. Please contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail Easl, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening
devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY
1
17C ~(~I
COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-
CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 15,2010
Nol833861
You also have the exciting option to enhance your online advertisement with extended text, photos and even
multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online
shoppers that visit our classified section every day. You can also choose to add shipping and delivery options
for the buyer.
Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos
and even video/audio of your item,
To log in to the New Ad Wizard use your email address and existing password, Go to:
http://secure,adpav,com/adwizard login,aspx?I=15265448, if this link is inactive, cut and paste it into your
browser address window.
If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700
Thank you for using naplesnews.com Online Classifieds.
2
~pe(1
Hal rknarr e
C tdeJ
171.c "~~y
AtY1er~f{~
?11DD ~~ 5 &
NOttCI Of<tNTiNJ TO CONSIDER ORDINANCE
,Notice is hetq !JIve... 1het, on TlItIiClIy, j,nuary26, 2010, jn the Botrdroom. 3rd
Floor, ~ 1IuIIdtn&' Co., Co:umY GillWtnmentCent.er, 3301 fISt TiI-
.miami Trail. ....... ~ 'hlolWct of Countt'Commm:ionltrs will consider the
-.ctnMtnl of .~_,~, The meeting will commence at 9:00 A.M. The
title of....,)npclMd ~1t!Ylf'IC;..Jt.. foIIowi:
AN ORDINANCE Of THE IOMP OF COUNTY COMMISSIONERS OF COLUERCOUN-
!Y, FLORIOA..AMENOING OROINA~ NO. 2004--58; A5 AMENDED, KNOWN AS THE
COLLIER COUNTY PftOPER1'i'MlJIIi1;ENANCECODE,. BY AMENDING SECTION FOUR,
DEFINITIONS, AND SCCTJON 1i,X. Cl)t.APLIANCi WITH HOUSING, 5TANf)..t.RDS, DELET.
ING IN ITS ENTtaETY 5iVtKm$iVJN, RENTAL REGISTRATION REC>>JIREMENTS AND
PROCEDURES, AMENDt'NG"s.etTIOff' NINE, INSPECTIONS' OF STRUCTURES AND
I"REMI,SESi SECTION TEN, MOntE Of VlOlATION,P:ftOCEOURES, SECTION EleVEN,
METHOD ,fOfl; DE:$IGNATION__ANDEUM1NATlONOf HAZARDOUS CONDITIONS" SEC-
TION TWE1.VE, $TANOAJIOSFCltt TH~ REPAIR OR DEMOLITION Of. HAZARDOlJS
8UILOjNGSliv THE .COUNrt. SEcnoN THIRTEEN, ASSESSMENT OF COSTS TO THE
OWNER WHEN ABATEMEHTExfCurt:D BY <;:OUNTY' S~CTIClfil fOURTEEN, N'O:nCE
fOA VACATION OF"HAlAi'tDOUS BUILDINGS, SECTION SEVENrEEN, CERTIFICATE RE-
QtJIlIQ fOI BOAfU)JNG avWNG.SECTlON TWENTY-ONE, Cos::rs INCURRfD 8:Y
Tkf' ~; ASSl!SSMEffT Of "t.Il!N. SECTION lWENTY"TlNO, NOTICE ot HEARING
F()IiI MVQCATION Of BOARDING RENEWAL CERTifICATE" AND SECTION TWENtY-
i"tlf'ttW.T1ES; :PROVIDING FOB. INCLUSION IN THE CODE Of LAWS AND Oftt>>..
'_ ',Ii MwIDING Fdf{' CQNfiJCT AND SEVERABILITY; AND PROVIDING FOR AN
E DA.IE. .
~'~Hhe Pl'Oposed Ordinance are on fHe with the Clerk to the Board and are
~for inspect:i.on; All interested parties are inll:ited to attend. and be heard.
NOtE: Aflpe:rsons wishin-9 to s~a~ on an)' agenda item must register with the
~lMImlnistnl'torDl1or to pre5tfttatlonOf the 8gtlflda item to be addfeHed.
~ weaktlrs wjll be "mited-to 5 minutes on any Item. The s~ection of In in.
dMfJuaf-"., ~ak on bthattof an organitation or group is encour.ged. If~.
rdud tar 1M Chairmlln, a spokesperson fora group or organization ma)' be allOtted
10minututo spelk on an itern. .
Pef$Ol1l, wishing to have wn .tt.efl orlflPh.1c materials included in the BOard~. .
~ muit submit said material. minimum of 3 weeks prior to the, res
PUbtk" "'Irlng., m .ny,CIlft, Wfltt.,... materials Intended to be considered the
~..JI bi'submittetlto tile- 'appropriate County staff a minimum of Se.vefl, days
prior to the public heMing.. All materlal used in presentations before the toard
WHJ~t a pelTl'lanent part of the record.
Ally pelJon who dlll:ldes to appeal a decision of the Board will need a record of the
ptOCftdIngs pertainin~plwreto md!herefore, may need'to ensure thlt a verbatim
record of tnt ~cting5.ls made,whlCh record IndudM, thetestimOl'lY and evi-
dence upon whkh me appqlls based~
If you are a 'pet~ with a disability wt\o-i1etds any lltcommodation in order to par,
tic;ipate-lnttils.,proceedlng. ~u .retntitled, It no cost to you,totM provision of
certain essiJtarKe. Pfeese contact'the, Collier Count)' facilities Management Oep:alt-
mMt. lOC8ted at 3301 Tamlaml Trail Eart, Building W, Nll!>>M, Florida 34112,
~)2SM380~ Assbted lisftfl!ng devkM for the hearing impaired are available In
the County tomm_nel'$' Office.
!J""~.':'
.. ,:ft:~t.;t,\,!
NAPLESIBONIT A DAILY NEWS
Published Daily
Naples, FL 34102
Affidavit of Publication
State of Florida
County of Collier
Before the undersigned they serve as the authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor of the Naples Daily, a daily newspaper
published at Naples, in Collier County, Florida; distributed
in Collier and Lee counties of Florida; that the attached copy
of the advenising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on January 15, 2010
I time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper bas heretofore been continuously published in said Collier
COWlty. Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples. in said Collier County, Florida. for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advenisement for
mez:~
( Signature of affiant)
5 worn to and subscribed before me
This 20th day of January, 2010
~
~,",,~~~~''i;:;~'"
~~<'O If ,.\. '(:,'~
t.... \j..~ Notary Public - Stale of Florida
~u,: l~ "."v} My Comm_ Expires Jul 29.2013
"'::'1;), ,.'(;,~' Commissiofi if DO 912237
'11,,,,\'
KAROL E KANGAS
lire
NOTICE Of INTENT TO CONSIDER ORDINANCE
Notke is hereby Qiven tMt on Tuesday, ,Jatlua;y 26, 2010, in the Boardroom. 3rd
Floor, Admin'iltratlon 8uilding, Collier COU'!tYqovemiTlent Cl!nter, 3301 East Ta-
mIami Trai~Nlp~ Florida-/ the, Board of County -COmmiSsiOneo: will consider the
enactmen1 of a County Ordintnce, The meeurig wilf commence at 9:00 A.M.' The
title of tn. propmed Oidi,r)an~is as foUoW$:
AN ORDI~NCE OFTH. 'BOARD ,OF , COUNTY COMMISS'5 OF COW' ,Eft COUN-
TY, FLOItiDA. AMliNPlHQ O~I~ NO. 2OOi-58, AS AMe', ,KNOWN AS' niE
COLt.lfk COUNTY FlItomrv -'MI~~ANa CODE,' aVAMEND " 5EC'TION FOUR,
DEFlNmONS, AND'StC"rI6N SIX. COAIII'tIANciWITH, HOUSING, $TANDAMS. DELEJ.
ING IN ITS ENTlRETY,5ECTIOt./'SCVEN> R,NTALREGIS'lRA'TiON Il:EQUJREMINT$ AND
PROCEDURES, AMENDWGSEcrJON" NINE" INS_PEC1K)NS" Of STRUCTURes, AND
PftEMI5ES, SECTION TEN~N011CE' Of' YJOUtllON - Pl\QQ!'a" _ ' ,5eCTlONll.EViN,
MfTHODFOR,Df$lGNATQfANO EtIMlNA11()N OF" ' 'CONDlTIOHt SEC-
n"" tWlWt, ITA_ FOI\ THE ""Ill 01\ IMQlIT10H OFllAWlOous
BuriID~GS_'V 1I'Hi'(()1JHTV;SECT~ THIR'tUH. ASSE~HT OF COSTsrO THE
OW'Ell W!jl~ -111"''''' 'XECU11Ib IY 1lQUNlY,~C11Oil.FOtIRTI!tN, NOnCE
FOR VA~TiONOF HA.ZAflool;J5 8U'U>INqS.SE.~SEVEM1EN, C'RTIFICA:~RE-
.QUIREtl FOR80A1Um1G NLbtNq;'SECllOPi-'l'WDITV-ON!, ~ Ir<<t1Rlt!DBY
THE couftTY; A5$J!SSMtNJ Of..llE~J.SECTlON,,'rWENTV_lWO, NOTICE OF HI!AI\I~
FOR REVQCATlON OF BOAkDINGm:NEWA{.. CE'RTlFICATE,ANOSEctlON lWENTY-
FOUR. PEHA4TIES,PftoW>ING fQR lNCll.lSloHlN nt!"CODE OF. tAWs' ANi) ORDI-
NANCES:PAOVI01NG''FQR 'CONFLICT AND ~RABILtTY; AND PROVIDING,;FOR AN
EFFECTIVE DATE. ,
Copies of the propo;;8dOrdinan<:e'jft'e On file with the: Clerk tQ ~BOMd and .are
available for inspectl:on. "" inU~ p.rtles are InVIted to lrfteftd and be heard. '
NOTE: All~. . wishing to speak on any ,geOde; item must ~in.r ,wnh the
County admlriBtrittdr D!'for.toprestntatiQnOf U1e apndaitem to.bt-addreSMd.
Indlvldultl 5pe8efs will be limited to 5_mlnllhls Qn any Item. The. sel<<tlon Qf'an -in-
dividual to sPftk on t(eh.lf 'of an organization or group is eneout..gre4. If~-
nlHdby hClmmtan, a s~n for II group or,organltation maybe allotted
10 minutes to speak-en an Itent.
Persons wishing to heve written Of , graphic materials included in the Board agenda
packets must 'sYblnIt. MId matetial . 'minimum. of 3 weeks .Prior. to 'the -respective
public heMlng. IfIany ca5e, wt1tten materials intended to_, be cOflsicklr<<:l by the-
Board shall .be submitted to the appropriate County SUlff a minimum of sewn days
prior to" thlt pub#<: hearing. All; l'l'later~1 used in presentations before- the Board
will become.a .pe-1'In8n6nt pan: of the tetord.,
Any person wnodttc:lfts to appAlal I dtcision of the- BoardwUl ""<f a record Of t~e
proceedlnllpefWjning,ther<<oarvl,th~, may need to enture1'hat I wrbatlm
m.ord of the Pl'O(eedlngsis made,whith recordinclUdM tMtestimony and evi-
dence upon-whkh-tt\e ~I is besed.
If you are' .-person wJl:tJ, a di5abiUtywho needs any accommodation in Qi'dtJ:.tQ par-
1:j(i~e in.tIris .prQCQding.. Y~;\are.mtltled, at no COlt to. you,tothe ~.of
'ertainesJisttnce. .."-se contact the- Collier County Facilities Maflage!nem:"DtPart_
ment,knted at,31Ot TamiamiTra:1l EISt. Building W, NapleS,. florkla 34112,
(239)253:"', A:5slsted liu.nin9 dt!Vices for the hearing impat~ are; avallebJe In
the,CountY Commlslloners' OffJce"
11C
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be h,Uld delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board ha<; taken action on the item.)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exee tion of the Chairman's si aluTe, draw a line thrall rautin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5 .
Route to Addressee(s) Office Initials Date
List in rauHo order
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval, Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BeC Chairman's signature are to he ddivered to the Bee office only after the Bee has acted to approve the
item.
Name of Primary Staff Marlene Serrano
Contact
Agenda Date Item was January 26,20]0
A roved b the BCC
Type of Document
Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
]. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters. must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, ~
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe
document or the final ne otiated contract date whichever is a Iicable,
4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6. The document was apprnved by the BCC On 1/26/10 (enter date) and all
changes made during the meeting have been incorporated in lhe attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable,
1. Judy Puig
CDES Administration
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
6. Minutes and Records
Phone Number
Agenda Item Number
Property Maintenance Ordinance
Number of Original
Documents Attached
'fer/to
252-2487
17C
N/A (Not
A Iicab]e)
I: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
._--~~-~,~.- . ~----"-_"~____"_'__~"___U'"_"'",'~.' ..."",,,._.-,..,
17C
MEMORANDUM
Date:
February 8,2010
To:
Marlene Serrano,
Code Enforcement
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2010-02
Please find one copy of the above referenced document (Agenda Item #
17C) which was approved by the Board of County Commissioners on
Tuesday, January 26, 2010,
If you should have any questions regarding this item, please feel free to call
me at 252-8411,
Thank you,
Enclosures
11C
MEMORANDUM
Date:
February 8, 2010
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2010-02,2010-04 and 2010-5
Attached, for your records you will find one (I) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, January 26, 2010.
If you should have any questions, please call me at 252-8411.
Thank you,
Attachments
17C l"n \1
ORDINANCE NO, 2010 - 02
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58. AS
AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS,
AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS,
DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION
REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS,
SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN,
ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT
EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR V ACA TION
OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION
TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING
RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 23, 2004, the Board of County Commissioners (Board) adopted
Ordinance No. 2004-58, repealing prior County ordinances and establishing a property maintenance
code for the unincorporated area of Collier County to be known as the "Collier County Property
Maintenance Code;" and
WHEREAS, on November 13, 2007, the Board amended the Collier County Property
Maintenance Code through its adoption of Ordinance No. 2007-70; and
WHEREAS, the Board desires to further revise Ordinance No. 2004-58, as amended, to
remove references to the Rental Registration Program, specify that liens are assessed by the Code
Enforcement Board or the Special Magistrate, and add regulations relating to inspections of structures
and the associated costs incurred by the County,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Property
Maintenance Code."
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SECTION TWO: PURPOSE AND SCOPE.
1, This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance
of improved and unimproved premises; to minimize impacts of construction; and provides a just,
equitable and practicable method to prevent:
a, Residential and commercial buildings, structures, and premises from causing and/or
endangering life, limb, health, safety or welfare of the general public or their occupants; or
b, Diminished property values; or
c. Detracting from the appearance of the residential area.
2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to
every portion of a building or premises, used or intended to be used as a dwelling unit in whole or in
part, and every portion of a commercial or non-residential building or structure, regardless of the
primary use of such building or structure and regardless of when such building or structure was or is
constructed, altered or repaired.
SECTION THREE: GENERAL PROVISIONS,
I. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior
code under which the structure or premises was constructed, altered or repaired, shall be maintained
in good working order. The requirements of this code are not intended to provide the basis for
removal or abrogation of the fire protection, safety systems and devices in existing structures. Except
as otherwise specified herein, the owner shall be responsible for the maintenance of buildings,
structures and premises.
2, Application of other codes. Repairs, additions or alterations to a structure, or change of
occupancy shall be performed in accordance with the procedures and provisions of the code
applicable at the time of construction, Nothing in this Code shall be construed to cancel, modify or
set aside any provisions of this section.
3, Existing remedies, The provisions in this Code shall not be construed to abolish or impair
other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the
removal or demolition of any structure.
4. Requirements not covered by this Code. The Building Official shall determine requirements
necessary for the strength, stability or property operation and general conditions acceptable for an
existing fixture, structure or equipment not specifically covered by this code.
5. Deviation .trom Code. Where practical difficulties are prohibitive in carrying out the
provisions of this Code, the Community Development Administrator or designee, in coordination
with the appropriate licensed authority, if applicable, has the authority to grant modifications for
individual cases, The modification shall be in compliance with the intent and purpose of this Code
Page 2 of 27
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and shall not lesson health, life and fire safety requirements, The basis for granting modifications
shall be recorded and entered in the Department files,
6. Compliance. It shall be the duty of each and every owner and operator of improved or
unimproved property within the unincorporated County to comply with the requirements set forth in
this Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with
or in contlict with the requirements of this Ordinance.
7. Conflict with other codes. The provisions of this article shall apply to all buildings, structures
or premises in existence or built within the unincorporated County, Where the provisions of this
Ordinance impose a standard different than that set forth in any other County ordinance or state law,
the most restrictive standard shall apply,
SECTION FOUR:
AMENDMENTS TO SECTION FOUR OF ORDINANCE NO, 2004-
58, AS AMENDED,
Section Four of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION FOUR:
DEFINITIONS,
When used in this Code, the following terms shall have the following meanings, unless the
content clearly otherwise requires:
1. ACCESSORY USE OR STRUCTURE - a use or structure of a nature customarily incidental
and subordinate to the principal use or structure, and, on the same premises, On the same premises
with respect to accessory uses and structures shall be construed as meaning on the same lot or on a
contiguous lot in the same ownership. Where a building is attached to the principal building, it shall
be considered a part thereof, and not an accessory slructure.
2, A TTlC - any story situated wholly or partly in the roof, so designated, arranged or built to be
used for storage or uninhabitable space.
3, BOARD - Board of County Commissioners of Collier County, Florida,
4. BOARDING - the placement of plywood or some type of construction material as a temporary
barrier to cover and obscure a window, storefront or access to a structure.
5, BUILDING - a structure of any kind, which is built or constructed of parts joined together in
some definite manner, which requires a fixed location on, or in the ground attached to something
having a fixed location on or in the ground.
6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the Collier
County Board of County Commissioners.
7, BUILDING OFFICIAL - the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair,
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remodeling, or demolition of structures and the installation of building systems to ensure compliance
with the Florida Building Code.
8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board created by
the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida
Statutes,
9, CODE ENFORCEMENT INVESTIGATOR - any authorized agent, representative, or County
employee designated by the Housing Official to ensure compliance and enforcement of the provisions
of this Code,
10. CONDEMNATION - the declaration by a Housing Official or designee that a property or
structure is unfit for use or habitation or dangerous to person or other property pursuant to Chapter
553, Part VI, Florida Statutes, with consultation from the Fire Department, Health Department,
Building Official, or other applicable agency.
I I. COUNTY MANAGER - County Manager or his designee.
12. DANGEROUS BUILDINGS AND STRUCTURES - all buildings, dwelling units or structures
which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or
which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to
existing use constitutes a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure
that is deemed to be classified as anyone of the following:
a, A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes a
fire hazard; or
b, A structure or dwelling unit, which in the opinion of the Health Inspector, constitutes a
threat to the health of its occupants or to the health of the general public by reason of the
unsanitary, infectious or defective condition of said building; or
c, A structure or dwelling unit, which in the opinion of the Building Official or designee
or a Florida State Certitied engineer falls below minimum structural standards; or
d. A structure or dwelling unit, the interior walls or other vertical structure members of
which list, lean or buckle to the extent that plumb line passing through its center of gravity
falls outside of the middle third of its base; or
e. A structure or dwelling unit, exclusive of the foundation, which evidences 33% or
greater damage to or deterioration of the non-supporting, enclosing, or outside walls or
covering; or
f. A structure or dwelling unit existing in violation of any provision of the Building Code
or any other ordinance of the County,
13. DEBRIS - any material which is stored externally or internally and shall include, but not be
limited to the following: discarded household items; inoperative or discarded machinery, automobiles
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17C
or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing
fixtures, insulation, and other building material.
14. DETERIORATION - a lowering in quality in the condition or appearance of a building or
parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or
any other evidence or physical decay or neglect, or excessive use, or lack of maintenance, including
the landscaping and parking areas.
15. DILAPIDATED - substantial deterioration of a building or parts thereof, such that said
building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally
intended.
16, DWELLING UNIT - A single unit within a building providing complete independent living
facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking
and sanitation,
17. ELECTRICAL CODE - National Electrical Code, as it may be amended or its successor.
18. FIRE INSPECTOR - One certified to have met the inspection training requirements by the
Division of Sate Fire Marshall of the Department of Insurance.
19, GARBAGE - any animals or vegetable waste resulting from the handling, preparation,
cooking, and consumption of food, including food containers of any type.
20. GAS CODE - the Building Code revisions, as may be amended or its successor.
21. HABITABLE ROOM - a space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilct compartments, closets, halls, screen enclosures, storage or utility space, and similar
areas are not considered habitable space.
22. HEALTH INSPECTOR - the Director of the Collier County Health Department or his or her
designee.
23, HOUSING OFFICIAL - the officer charged with the administration and enforcement of this
Code or a duly authorized rcpresentative or representatives. The Code Enforcement Director is
hereby designated to be the Housing Official.
24, IMPROVED PROPERTY - real property, which contains a building(s) or other structural
improvements.
25. INFESTATION-the presence within or around a structure of insects, rodents, or pests, which
are detrimental to the public health, safety, and general welfare of the residents or occupants, or
neighboring properties.
26, INOPERATIVE VEHICLE(S) - vehicles or trailers of any type that are not immediately
operable, used for the purpose for which they were manufactured, in need of mechanical or electrical
repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the
Page 5 of27
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17C
Collier County Land Development Code, do not meet the Florida Safety Code, or does not have
current valid license plates,
27. LOCAL ,1CE""T OR Ol'ER,lTO,'? a person or representative of a cOfjloratiofl, partnership,
firm, joint vcntme, trust, association, organization or otller entity, having his or her place of residence
in Collier County and designated by the owner to maintain such premises in compliance v.'ith the
prO'.'isions of this Ordinance under the Rental Registration Section. The owner may aet as the local
agent so long as he/she resides in the County,
;!.& 27. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure, This term
shall include, but is not limited to, any occupied or unoccupied structure, commercial structures or
buildings, mixed use buildings or structures that include both dwelling units and office or retail
combinations, and every other structure that is not a dwelling.
;J.9 28. NUISANCE - Unsanitary conditions or anything offensive to the senses or dangerous to
health,
~ 29. occur ANT - any person living, sleeping, cooking or eating in, or having actual possession
of a dwelling unit, within the confines of any building or structure,
J-l- 30. OPENABLE AREA - any part of a window or door which lS available for unobstructed
ventilation and which opens directly to the outdoors.
~ 11, OWNER - the holder of the title of property, if fee simple, and any person, group of persons,
company, association or corporation in whose name tax bills on the property are issued. It shall also
mean any person who, alone or jointly or severally with others: (a) shall have legal title to any
dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or
control of any dwelling unit, as owner, personal representative, executor, executrix, administrator,
trustee, guardian of the estate of the owner, mortgage or vendee in possession, or assignee of rents,
lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents.
Any such person thus representing the actual owner shall be bound to comply with the provisions of
this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the
owner. It is his responsibility to notify the actual owner of the reported infractions of these
regulations pertaining to the property, which apply to the owner.
~ 32. OXYGEN DEPLETION SENSING SYSTEM (ODSS) - an automatic pilot and shutoff system,
Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to
blowout or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve.
M 33. PERSON - any individual, firm, corporation, association, partnership or other entity.
~ 34, PLUMBING CODE - the Building Code revisions as may be amended or its successor.
~ 35. PREMISES - a lot, plot or parcel of land, or portion thereof, including the buildings or
structures thereon.
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17C1d J
37. PROPERTY for tile purposes of relltal registratioll "property" mealls a parcel or cOlltiguous
parcels witll allY lIumber of relltal ullits located tllereupolI ullder common o',>mersllip alld/or
management.
38, RE'VT.1L REGISTRAT!ONS tRe registerillg of residential rental ullits witR tRe Collier
COURty Code Ellforcement Department.
39. RENT.1L UN!T ,A. rentallmit is aR)" dwellillg unit tRat is 1I0t oWller occHj3ied but occupied 6Y
someolle other tllall the owner for allY portion of a caleRdar year.
44 36. RESIDENTIAL STRUCTURES - any dwelling unit or structure where any part is used or
intended to be used for living, sleeping, cooking or eating.
4+ 37. RUBBISH - any waste material other than garbage.
~ 38. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including the
window portion therein. The assembly mayor may not have an operable section to provide
ventilation.
~ 39, SPECIAL ],1.1STER MAGISTRATE - an attorney designated by the Board of County
Commissioners pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and
assess fines against violators of Collier County Codes and Ordinances.
44 40, STAIRWAYS - one or more flights or stairs and the necessary landings and platforms which
form a continuous and uninterrupted passage from one story to another, within or attached to the
exterior of a building or structure,
~:U' STORY - that portion of a building including between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be the portion of a building,
included between the upper surface of the topmost floor and the ceiling or roof above,
46 42, STRUCTURE - anything constructed or erected which requires the fixed location on the
ground, or in the ground, or attached to something having a fixed location on or in the ground,
including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead
transmission lines.
4-7 43. SUBSTANDARD - any residential or commercial building or structure used as a dwelling unit
which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or
safety of the occupants/public, Any such unit which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants/public shall be considered to be
unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it
shall not be deemed substandard if built and maintained in accordance with the building code at the
time of construction.
4& 44, VENTILATION - the process of supplying and removing air by natural or mechanical means
to or from any structure, building or dwelling.
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49 45. WEATHERPROOF - able to withstand exposure to weather without damage or loss of
function.
~ 46. WEA THERTIGHT - able to exclude wind and rain under typical local weather conditions.
'* 47. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling.
~ 48. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development
Code) for unincorporated Collier County, as it may be amended.
SECTION FIVE:
RULES OF CONSTRUCTION.
For purposes of administration and enforcement of this Housing Code, unless otherwise stated
in this ordinance, the following rules of construction shall apply:
I. The word "shall" is always mandatory and not discretionary and the word "may" IS
permissive.
2. Words used in the present tense shall include the plural future; and words used in the singular
shall include the plural and the plural singular, unless the context clearly indicates the
contrary; use of the masculine gender shall include the feminine gender.
3. The word "includes" shall not limit a term to the specific example but is intended to extend its
meaning to all other instanccs or circumstances of like kind or character.
4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this
Ordinance, they shall be construed as though they were followed by the words "or any parts
thereof',
SECTION SIX:
AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Six of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION SIX:
COMPLIANCE WITH HOUSING STANDARDS.
All dwellings units whcther occupied or unoccupied, shall comply with the requirements of
this Section as hereinafter set forth:
I. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (I)
kitchen sink with counter work space, one (I) lavatory basin, one (I) tub or shower, and one (I)
commode, all in good working condition and properly connected to an approved water and sanitary
sewer system as approved by Collier County or the Collier County Public Health Department as
applicable. Every plumbing fixture and water and wastewater pipc connection shall be properly
installed in accordance with the Plumbing Code and maintained in good sanitary working condition,
free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling
Page 8 of 27
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17C
unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and
lavatory basin shall be located in a room affording privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have connected
to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in
good working condition. All connections shall be supplied through an approved pipe distribution
system connected to a potable water supply.
3. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities
which are properly installed and maintained in a safe and good working condition and are capable of
heating water to a temperature as to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees
Fahrenheit.
4. HEATING FACILITIES - Every dwelling or dwelling unit shall be equipped with heating
equipment which shall be capable of safety and adequately heating all habitable rooms to a
temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions.
Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed
in the Electrical Code unless such equipment is approved by a nationally recognized testing agency.
Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen
Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an
unvented heater shall not be used undcr any conditions.
5. COOKING EQUIPMENT - every dwclling unit shall contain an operable stove or range and
refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or
rubbish disposal facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTILATION - Every habitable room of a dwelling unit shall meet the
minimum size and access requircments of the Building Code.
8. BA THROOM - Every bathroom of a dwelling unit shall comply with the minimum light and
ventilation requirements for habitable rooms except that no window or skylight shall be required in
adequately ventilated bathrooms equipped with a mechanically ventilating air system.
9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights
and convenience outlets. Every room shall contain at least one wall-type electrical convenience
outlet as spccified in the provisions of the Electrical Code, in effect at the time of violation.
10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a structure
containing three or more dwelling units shall be adequately lighted at all times. Structures with less
than three dwelling units shall be supplied with a conveniently located light switch that controls an
adequate light system which can be turned on when needed if continuous lighting is not provided.
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17C
II. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring of a
dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical
power in accordance with the provisions of the Electrical Code, in effect at the time of violation.
12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following
component of a dwelling unit shall be maintained in good condition.
a. FOUNDATION - The building foundation walls or other structural elements
shall be maintained in a safe manner and be capable of supporting the load which normal use
may place thereon.
b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes,
breaks and loose or rotting material. Such exterior walls shall also be substantially weather
tight and weatherproof, and surfaces properly coated as needed to prevent infestation and
deterioration. Decorative features shall be maintaincd in good repair with proper anchorage.
Any graffiti shall be removed or repainted to match existing surfaces.
c. ROO}~) - Roofs shall be maintained in a safe manner and have no defects
which might admit rain or cause dampness in the wall or interior portion of the building.
d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a
safe, unobstructed means of ingress/egress leading to a safe and open space. A second means
of escape or egress may be required in accordance with the Building Code as amended by
Collier County.
e. ATTIC ACCESS - Access to thc attic shall be provided by means of an access
panel within the dwelling unit. This provision does not require tenant access.
f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside
stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition,
capable of supporting a load that normal use may place thereon, and in accordance with the
Building Code as enacted by Collier County.
g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be
required in the manner prescribcd by the Building Code. Such railings shall be maintained in
good condition and be capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the
Building Code.
i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be
properly fitted within its frame, provided with lockable hardware, and shall be weather-tight
and weatherproof, and maintained in good repair. Every window required for light and
ventilation for habitable rooms shall be capable of being opened easily and secured in a
position by window hardware. Windowpanes or approved substitutes shall be maintained
without cracks or holes. Openings originally designed as windows and doors shall be
maintained as such, unless approved by the Building Official for enclosure. The closing in of
a window or door shall be by bricking the opening, blocking the opening with concrete blocks
and stuccoing the exterior, utilization of an authorized building material and finishing the
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17C
exterior with like material of the original exterior surface, or boarding the opening. When
boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained
to conform with the other exterior portions of the building. The boarding shall remain in
place no longcr than 18 months, unless an extension is granted by Code Enforcement Special
Mastcr Magistrate.
j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight
within the window frame.
k. HARDWARE - Every door shall be provided with proper hardware and
maintained in good condition.
I. SCREENS - Every window or other device used or intended to be used for
ventilation which opcns directly to the outdoor space shall have screens. Dwelling units
which contain operable central heating and air-conditioning systems are not required to have
screcns on doors and windows.
m. PROTECTIVE TREATMENT - All extcrior surfaces other than decay-resistant
woods shall be protected from the clements by painting or other protective covering according
to manufacturer's specifications.
n. ACCESSORY STRUCTURE - All acccssory structures shall be maintained and
kept in good repair and sound structural condition.
frame.
o. INTERIOR DOORS - Every interior door shall be properly fitted within its
p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a
permanent floor of approved material prescribed by the Building Code. Every floor and
interior wall shall be tree from infestation and maintained in good repair to prevent
deterioration and shall be capable of supporting the load which normal use may cause to be
placed thereon.
q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall
be maintained in good repair and show no evidence of deterioration which would render it
incapable of carrying loads which normal use may cause to be placed thereon.
r. GUTTERS AND DOWNSPOUTS- Gutters and downspouts shall be maintained
in good repair and shall be neatly located and securely installed.
13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the
minimum space footagc requirements of the Land Development Code and shall contain at least 250
square feet of habitable floor space for the first occupant and at least 200 additional habitable square
feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per
household. No habitable room other than a kitchen shall have an area of less than 70 square feet as
prescribed in the Building Code.
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14. MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms and
laundry rooms shall havc a ceiling height of not less than the minimum ceiling height requirements
specified in the building code at the time of construction.
15. POOL MAINTENANCE, PRIVATE - all swimming pools, spas and architectural pools, ponds
or other decorative bodies of water, not otherwise regulated by the Health Department, shall be
properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be
allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including
but not limitcd to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION- no space constructed below the
then minimum flood elevation at the time of the original construction shall be used as a habitable
space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game
room) and improved to meet FEMA requirements.
17. RESIDENTIAL PARKING FACILlTES - all residential properties must provide parking
facilities in accordance with the Collier County Land Development Code and shall be treated with a
stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be
maintained in good condition and repairs to the parking surfaces must be made with like material.
18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as
to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces
of metal or wood shall bc protected from the elements, decay or rust.
19. SANITA710N REQUIREMENTS-
a. All public or shared areas, and habitable rooms of any dwelling unit, structure,
accessory structurc, or building shall be kept in a clean and sanitary condition by the occupant
or owner, in accordance with Health Department standards.
b. Nothing shall be placed, constructed, or maintained on any premise that
conflicts with this code so as to constitute a nuisance or fire hazard.
c. All buildings, structures, accessory structures (including private sWimming
pools), dwelling units shall be regularly maintained and kept free of infestation.
d. The plumbing Iixtures in every dwelling unit, building or structure shall be
maintained in a clean and sanitary condition as prescribed by the Health Department.
20. SMOKE DETECTORS - All dwelling units shall be equipped with smoke detectors to meet
the minimum Building and Fire Code requiremcnts. If the structure was built without wired
detectors, battery operated smoke detectors are recommendcd for installation. All rental units shall
have smoke detectors that meet the residential Landlord and Tenant Act.
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SECTION SEVEN: DELETION OF SECTION SEVEN OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Seven of Ordinance No. 2004-58, as amended, entitled "Rental Registration Requirements
and Procedures," is hereby deleted in its entirety and all subsequent sections shall be renumbered
accordingly.
SECTION EIGHT:
ESTABLISHMENT OF HOUSING OFFICAL - DESIGNATION;
POWERS AND DUTIES.
There is hercby established the position of Housing Official who is hereby charged with the
duty of administering the applicable standards set forth in the Ordinance and securing compliance
with the minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is
hereby designated to be the Housing Official established by this section. The Housing Official is
hereby authorized to:
1. Conduct inspections or take other appropriate action to require compliance with this
Ordinance;
2. Investigate allegcd violations of this Ordinance and to enter upon real property in the conduct
of ofIicial busincss;
3. Issue notices of violation and \witten demands to correct violations of this Ordinance;
4. Initiate any and all other criminal or civil enforcement action as may be authorized by law to
require compliance with this Ordinance;
5. Appoint Code Enforcemcnt Investigators to assist with the cnforcement of this Ordinance.
SECTION NINE:
AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-58,
AS AMENDED.
Section Nine of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION NINE EIGHT:
INSPECTION OF STRUCTURES AND PREMISES.
1. Complaint-driven ef, requested, or inspector-initiatcd inspections of propcrties subject to this
Ordinance shall be conducted by the County to ensure that such properties are in compliance with the
provisions of this Property Maintenance Code,~ flrovided, howe':er, tIhis provision shall not bc
interpreted as authorizing the County to conduct inspections of properties without the consent of the
owner or occupant or without a warrant. The Countv shall charge the propertv owner a fee for each
unit inspected consistent with the CDES Fee Resolution. In securing consent, or at the time of
inspection, the Housing Official or the Code Enforcement Investigator shall present County-issued
identiIication and shall explain to the owner, occupant or operator the purpose of the inspection.
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Rental inspections SHall not be required for rental units on a property cO';'cred by a DBPR license. /.
copy of the cmreRt DBPR inspcction licensc shall be provided with tHe initial rental registration and
all subscquent rental rene\val applications.
2. If the inspection of a property reveals violations of the provIsIOns of this Property
Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a
random sampling of the properties involved which may include multiple units.
3. F or inspections involving multiple units at one location and upon consent of owner or
designee or issuance of inspection warrant, a random sampling of the properties will be inspected as
follows:
a. 1 to 4 units, all units;
b. 5 to 10 units, 50% of units;
c. II to 29 units, 20% of units;
d. 30 to 49 units, 15% of units;
e. 50 or grcatcr, if one location, 5% of the units with a maximum of 20 units.
In the case of 50 or grcater units, if the Housing Official iinds one or more serious, health,
safety or habitability violations in 5 % of the units, the Ofticial may ask to inspect more units to a
total of 100% of the units in the development community. The Housing Ofticial may assess a
noncompliance inspection fec of $50.00 per unit inspected, per re-inspection, if any violation still
exists after allowance of a reasonable time period for compliance.
4. The Housing Ofticial and all appointed designees are authorized and directed, in accordance
with this Section, to enter and inspcct dwclling units, buildings, structures and premises to determine
their condition in order to assure compliance with the provisions of this Code or upon receipt of
complaints or when thc Housing Ofticial has cause to bclicvc a violation of this Code exists.
Inspections shall takc place during the regular business hours of Collier County Govcrnment, or at a
time mutually agreed upon by the Housing Official and the owner, operator or occupants. Should the
owner, agent, operator, or occupant fail to make the mutually agreed upon inspection, a final
inspection must be obtained within 30 days of the original inspection date.
5. The ovmer, operator, occupant or other person in control of the dwelling unit, building,
structure or prcmises shall, upon consent, allow the Housing Official or designee free and unrestricted
access to all areas subject to thc provisions of this Ordinancc for purposes of a full and complete
inspection. In the event that the Housing Ofticial or designee is denied access or cannot obtain access
to a dwelling unit, building, structure or premiscs for purposes of inspection, the Housing Official or
designee is authorizcd and directed to seck and obtain an inspection warrant authorizing entry and
inspection pursuant to Chapter 933, Florida Statutes, as it may be amendcd or replaced.
SECTION TEN:
AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Ten of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION +EN NINE:
NOTICE OF VIOLATION PROCEDURES.
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Whenever the Housing Official or Code Enforcement Investigator determines that a violation
of this Ordinance exists, the following action shall be taken:
1. The Housing Official or Code Enforcement Investigator shall provide written notice of any
alleged violation to the owner, operator or other party responsible for the dwelling unit, building,
structure or premises. Such written notice of violation shall includc the following:
a. A description of thc location of the structure involved, either by street address or legal
description;
b. A statement of the facts supporting the violation and the reason why the notice of
violation has been issued;
c. A reference to the Section or Sections of this Ordinance and any applicable code or
ordinance upon which the violation is based;
d. If repairs or alterations will bring the structure into compliance with this Ordinance, a
statement of the nature and extent of such repairs or alterations necessary to comply with this
article;
e. [I' repairs or alterations are necessary for compliance, a specified time within which
such repairs or alterations are required to be made;
f. If the violation is of such character that repairs or alterations cannot bring the structure
into compliancc, a statement to that effect and an order for vacating the premises with an
explanation thcrefore and a time frame for vacating the premises;
g. The name or namcs of pcrsons upon whom the notice of violation is served as stated in
subsection (2) of this Section;
h. A statement advising that the failure to cure the violation within the time period stated
will result in the Housing Official taking any and all action as may be permitted by law to
abate the violation.
2. The notice of violation may be cither personally served upon the owner or served by certified
mail, return receipt requested, at thc address of the owner as listed in the tax collector's office for tax
notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall
be posted in a conspicuous place of the premises at which violations are located and at the County
courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in
the notice. Posting of the premises shall bc considered adequate even if the notice is removed by the
owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time
period having lapsed. Service on the ovmer's agent or operator at the address listed in owner's Rental
Registration application by first class mail shall substitute for service on the owner. If the owner does
not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of
the premises.
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3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory
structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation
and constitute a dangerous building structure. The Housing Official may placard the premises and
order the premises be vacated or closed to occupancy whcn the premises are unsate, unfit or
unsanitary for human occupancy. Thc failure of any person to comply with such order within the
time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any
unauthorized person removing, defacing or mutilating any such notice, order or placard as provided
for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as
provided in Section 24 of this Ordinance.
SECTION ELEVEN: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO.
2004-58, AS AMENDED.
Section Eleven of Ordinance No. 2004-58, as amcnded, is hereby amended to read as follows:
SECTION ELEVEN TEN: METHOD FOR DESIGNATION AND ELIMINATION OF
HAZARDOUS BUILDINGS.
If an appropriate person, as identified under the definition of Dangerous or Hazardous
Building, identiIies a hazardous or dangerous condition existing within a building or structure, he
shall make an itemized report of all hazards within thc arca of his cxpertise and certify said report to
the Housing Official. The Housing Omcial shall then notify the owner of the offending property, in
writing, and demand that said owner causc thc hazardous condition to be remedied. The notice may
be either personally serviced, upon the owner or served by certified mail, return receipt requested, at
the address of the owner listed in tax collector's office for tax notices. If the building or structure is
occupicd, the Housing Ot1icial shall also cause a copy of the notice to bc provided to the occupant or
occupants of the property, or upon the Agcnt or Opcrator. In the cvent that personal service upon the
owner or his Agent or operator, cannot be performed after diligent search, then service shall be
accomplished by physically posting the notice upon said property at which the violations are located
and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any
deadlinc contained in the notice. Posting of thc prcmises shall be considered adequate even if the
noticc is removed by the owner, operator, occupant or any other unauthorized or unidentified person
prior to the 10 day time period having lapsed.
After service of the notice, thc owncr shall have 30 days to remedy the hazardous condition
after obtaining all applicable permits, or the County will remedy thc hazardous condition at the
complete cost of the owner. If thc owner wishes to contest the Housing Official's determination of
the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board
or Special Master Magistrate of Collier County within fiftccn (15) days trom the date of service of the
notice. Thc notice shall be in substantially the following form:
NOTICE OF DANGEROUS BUILDING
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
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Our records indicate that you are the owner(s) of the following property in Collier County,
Florida.
(Describe property by legal description or address)
An inspection of this property discloses, and I have found and determined, that a hazardous
and dangerous building exists thereon so as to constitute a threat to the safety of its occupants
and/or thc general public of Collier County. The specific hazards are as follows:
(Describe /list hazardous conditions)
You are hereby notified that unless the above dangerous conditions are remedied, so as to
makc the property in compliance with this Ordinance within thirty (30) days from the date
hereof, the County will remedy the dangerous condition and the cost thereof will be levied as
an assessment against such property. You are further notified that should you desire to contest
the Housing Official's detcrmination of the existencc of a dangerous building you may apply
for a hearing before the Code Enforcement Board (CEB) or (Special Master Magistrate of
Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB
/Special Master Magistratc within fifteen (15) days from the date of this notice.
SECTION TWELVE: AMENDMENTS TO SECTION TWELVE OF ORDINANCE NO.
2004-58, AS AMENDED.
Section Twelve of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION TWELVE ELEVEN:
STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDING BY THE COUNTY.
I. If the owner fails to repair the hazardous condition within thirty (30) days of service of
the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by
the Beard Code Enforcemcnt Board or Special Magistrate that a hazardous condition exists, then the
Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the
following:
a. Whether the interior walls or other vertical structurc members list, lean or buckle to
the extent that plumb line passing through its center of gravity falls outside of the middle third
of its base; or
b. Whether the non-supporting, enclosing, or outside walls or covering, exclusive of the
foundation, evidences 33% or greater damage to or deterioration; or
c. Whether a structure exists in violation of any provision of the Building Code or any
other ordinance of the County.
If the building is unoccupied and it is deemed that demolition is not feasible, the building
should be secured in accordance with the section of this ordinance regulating the boarding of vacant
buildings or dwellings.
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SECTION THIRTEEN: AMENDMENTS TO THIRTEEN OF ORDINANCE NO. 2004-58,
AS AMENDED.
Section Thirteen of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION THIRTEEN TWELVE: ASSESSMENT OF COSTS TO OWNER WHEN
ABATEMENT EXECUTED BY COUNTY.
I. If the owner fails to remedy thc hazardous condition, the County shall remedy the hazardous
condition and notify the owner of the expense incurred by certiIied mail, return receipt requested at
the address of the owner as listed in the tax collcctor's officc for tax notices. The Housing Official
shall then certify to the Board of County Commissioners Code Enforcement Board or Special
Magistrate the expense incurred in remedying the violation, whereupon such expense shall become
payable within thirty (30) days. If the owner fails to pay the expense incurred within the prescribed
time limit, the Beare Code Enforcement Board or Special Magistrate shall cause a resolution to be
adopted assessing a special;! lien and charge upon the property which shall be payable with interest at
the legal rate as of the date of certification by thc Hosing Official. The notice of assessment shall be
in substantially thc following form:
LEGAL NOTICE OF ASSESSMENT
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
You, as the owner of record of the following property;
(Describe property)
Are hereby advised that Collier County, Florida did on thc _ day of , 20 , order
that the hazardous or dangerous condition which existed on the above property be remedied,
and sending you notice thereof: the specific hazards being:
(Item ize Hazards)
A copy of such notice has been sent to you. You have failed to remedy the hazardous
condition; whcreupon, it was remedied by Collier County at a cost of $ ; such cost, has
been assessed against thc above property, in the same manner as a tax lien in favor of Collier
County on , 20_. You may request a hearing before the Board of County
Commissioners Code Enforcement Board or Special Magistrate to show cause, if any, why the
expenses and charges incurred by the County under this Ordinance are excessive or
unwarranted or why such expcnses should not constitute a lien against the property. 8ai6
request for hearing shall be made to tHe Clerk of the Board of County Commissioner in
writing witHin ten (10) days from the date of tHis 110tiee.
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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 Iiled in the office of the Clerk of the Circuit Court and recorded among the public records of
Collier County, Florida.
2. If the owner feels that the expense certiIied by the Housing Official for correcting the
hazardous condition is excessive, he may appeal the amount assessed by Iiling a written notice of
appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days
aftcr the notice of assessment. The owner may then appear before the Board and present facts
supporting his position. Thereafter, the decision of the Board shall be final.
3. The Property Appraiser shall keep complete records relating to the amount payable for liens,
above described, and the amount of such lien shall be included in tax statements thereafter submitted
to the owncrs oflands subject to such licns.
SECTION FOURTEEN:
AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE
NO. 2004-58, AS AMENDED.
Section Fourteen of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION FOURTEEN THIRTEEN:
NOTICE FOR THE V ACA TION OF HAZARDOUS
BUILDINGS.
If a dangerous or hazardous building exists, to the extent that it causes danger of imminent
peril to life and health, the Code Enforcement Board or Special Master Magistrate may order the
building to be vacated.
SECTION FIFTEEN:
RESPONSIBILITY FOR PROPERTY MAINTENANCE.
Every owner of real property within unincorporated Collier County is required to maintain
such property in a manner so as not to violate the provisions of this ordinance, and such owner
remains liable for violations thereof regardless of any contract or agreement with any third party
regarding such property.
SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRUCTURE, VACANT BUILDINGS, VACANT STRUCTURES,
AND VACANT OR UNIMPROVED LOTS.
All owncrs of nonresidential structures, vacant buildings, vacant structures and vacant or
unimproved lots shall comply with the following requirements:
1. Nonresidential Structures:
a. All nonresidential structures shall be watertight, weather-tight, insect-proof and In
good repair.
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b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight
and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike
state of maintenance and repair.
c. Every interior partition, wall, floor and ceiling shall be reasonably tight and
maintained in a workmanlike state of repair and in a clean and sanitary condition.
d. All rainwater shall be so drained and convcycd from every roof, and the lot shall be
graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure.
e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent-
proof and shall be maintained in sound condition and repair, and secured with proper hardware.
f. Every inside and outside stairway, evcry porch and every appurtenance thereto shall be
constructed to be safe to use and capable of supporting the load that normal use may cause to be
placed thereon, and it shall be maintained in sound condition and repair.
g. Every supplied plumbing fixture and water and waste pipe shall be properly installed
and maintained in sanitary working condition, jree jrom defect, leaks, and obstruction.
h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to
be reasonably impervious to watcr, and such floors shall be kept in a clean and sanitary condition.
i. Every supplied facility, piece of cquipment or utility which is required under this
chapter shall bc so constructed and installcd that it will function safely, and effectively, and shall be
maintained in good working condition.
j. All exterior surfaccs shall be protected from decay by painting or other protective
covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be
required to be treated, repainted or both. All siding shall be weathcr-resistant and watertight.
k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or
nonresidential property in view of the general public.
I. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a)
non-vehicular light sources that shine into the eye of drivers of vehicles or pedestrian which could
impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or
sidewalk and shall not create an advcrse affect on adjacent propcrties.
m. Landscaping maintenance. Where landscaping plans have been speciIically
incorporated and approved in a development plan, the landscape areas shall be maintained in a
manner equal to the original landscaping approval.
n. A ccessory structures. Garages, storage buildings and all other accessory structures
shall be maintained in good repair and sound structural condition. Structures, attached or unattached
to the principal structure, which are found by the building official to be structurally deficient, shall be
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repaired or dcmolished within the timeframe set by the notice of such condition. Maintenance of
accessory structures shall comply with the following:
(I) The exterior of the building and premises to include but not limited to parking
areas and landscaping areas shall be maintained in a sound, clean and neat condition.
(2) Signs shall be maintained in good condition. Where the sign structure remains,
the sign faccs are to be placed with black panels (permit required). The design and color
is subject to approval by the Building Departmcnt under the applicable development
regulations.
(3) All advertising structures, awnings and accompanying support members shall
be maintained in good repair and shall not constitute a nuisance or safety hazard.
Advertising structures or awnings not properly maintaincd in accordance with this
subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar
material shall not show cvidence of tearing, ripping or holes. Upon removal of
advertising structure or awning, all supporting mcmbers shall be removed. Where
supporting members havc been left from sign removal prior to adoption of this article,
such supporting member shall be removed within three months of the effective date of
this ordinance. Nothing in this subsection shall be construed to authorize any
encroachments on streets, sidewalks or other parts of the public right-of-way.
(4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be
accomplished by installation of parking bumpers pinned to the pavement.
2. Structures and Unimproved Lots:
a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises
in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or
dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or
without holes must be repaired.
b. Exterior premises shall be kept free jrom the excessive growth of weeds, grass and
other flora.
c. Every owner of a building, structure or lot, previously improved or occupied, shall
grade and maintain the exterior premises so as to prevent the accumulation of stagnant water
thereon, except for permitted storm water management detention/retention purposes.
d. Unauthorized motor vehicles are prohibited from parking on or driving across any
portions of a vacant lot, except for areas designated and approved by the County.
e. Animals and pets shall not be kept on the premises in such manner as to create
unsanitary conditions or constitute a public nuisance.
f. Every owner of a building, structure or lot shall keep the premises reasonably free
from rodents, insects and vermin.
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,
. ~ ~
g. The roof of every building or structure shall be well drained of rainwater.
h. All exterior surfaces shall be properly maintained and protected from the elements by
paint or other approved protective coating applied in a workmanlike fashion.
i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for
removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti
from the building's exterior.
J. All signs must be maintained and comply with the provIsions of the Land
Development Code. Should a wall sign be removed, the wall surface must be painted in a
workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any
shadowing created by the rcmoved sign.
k. All materials used to board or secure a vacant building against entry shall be painted in
a workmanlike fashion in the same color as the adjacent exterior walls of the building.
I. Every owner of a building or structure that is vacant and unsecured shall secure and
maintain in secure condition all entranccs and all other openings of such building or structure
including, but not limited to, windows and doorways.
m. Whenever any ground floor window of a vacant commercial storefront is found to be
shattered, cracker, missing or broken, the owner of sllch building shall repair or replace thc window.
n. All non-residential and commercial properties must provide parking facilities in
accordance with the Collier County Land Development Code and shall be treated with a stabilized
surface. Such facilities must be maintained in good condition and repairs to the parking surfaces
must be madc with like material. Parking shall be limited to designated areas (striped parking spaces)
and said arcas must be clearly marked. At no time should the rights-of-way be utilized for storage or
parking of customer, employee or company vchicles parking, nor shall any item(s) be placed,
abandoned or allowed to remain in any right-of-way.
SECTION SEVENTEEN:
AMENDMENTS TO SECTION SEVENTEEN
ORDINANCE NO. 2004-58, AS AMENDED.
OF
Section Seventeen of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION SEVENTEEN SIXTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING.
I. A certificate of boarding is required for all buildings that are boarded. The fee for certificate
of boarding shall be set by resolution of the Board of County Commissioners.
2. No person shall erect, install, place, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwisc secure such openings by a means othcr than the
conventional method used in the original construction and design of the building or structure without
first applying for and, within 30 days of application, completing all of thc steps necessary for the
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issuance of a boarding certiIicate, and thereafter having a valid and current boarding certificate issued
by the county.
3. The Code Enforcement Department shall issue a boarding certificate upon thc submission of a
written application by the owner of the property or his authorized representative or contractor; upon
the payment of the required fee; and upon the confirmation, through inspection by a Code
Enforcement Investigator, that the boarding or other method of securing the building or structure has
been donc in compliancc with this ordinance.
4. The boarding certificate issued pursuant to this section shall authorize the boarding or other
securing of a building or structure for a period of no greater than six months from the date of the
issuance. Renewal of the boarding ccrtificate may be granted by Code Enforcement Director or
dcsignee after the initial six-month period for an additional six months. A property owner or his
representative or contractor seeking renewal of the boarding certiJicate must Iile written request with
the Code Enforcement Department no later than ten business days prior to the expiration of the
original certiticate. The issuance of a renewal boarding certiIicate shall be subject to all of the
following conditions:
a. The boarding or other method of securing the building or structure has been
done in compliance with this Ordinance, as contirmed by a Code Enforcement Investigator
after inspection of thc building or structure by the investigator.
b. The owner or his authorized representativc or contractor has submitted to Code
Enforcement, 10 days prior to the cxpiration of thc original certificate, a detailed plan for
correction, rcpair, or rehabilitation of violations of state or local building and housing
standards and for the sccuring of the doors, windows, and other openings by the conventional
method used in the original construction and design of the building or structure or,
alternatively, a dctailed plan for sale of the property to another person or entity with provision
in the sale of correction, repair, or rehabilitation
c. The owner or his authorized representative or contractor has submitted to Code
Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such
work and for completing such work prior to the cxpiration of the renewal certiticate or,
alternatively, a time line for the salc of the property.
d. The renewal certificate may be revoked by the Code Enforcement Board or
Special Master Magistrate if the owner fails to comply with the plan for such work or fails to
adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate
shall be done in accordance with this Ordinance.
5. A boarding certiticate may not be extended beyond thc renewal period except upon
demonstration that good causc for the renewal exists. Good cause shall require a showing by the
owner that the certiIicate renewal is made necessary by conditions or events beyond the owner's
control, such as inability to obtain Jinancing for repair or rehabilitation, unanticipated delays in
construction or rehabilitation, or unanticipated damage to the property. In addition, where
appropriate, good cause shall also require a showing by the owner that the owner has exercised
reasonable and due diligence in attempting to complete the needed correction, repair, or
rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Master
Magistrate determines that thcrc exists good cause to rcncw the ccrtificate, the certiticate may be
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renewed by the Code Enforcement Board or the Special Master Magistrate for a period of up to, but
not more than, an additional six months, subject to all of the same conditions imposed on the original
renewal certiIicate.
6. No occupied building shall be permitted to be boarded for a period greater than 60 days.
SECTION EIGHTEEN:
NUISANCES SPECIFIED.
It is declared unlawful and a public nuisance for any owner of any property in the County to
allow any vacant and unoccupied building that has doors, windows, or other openings broken or
missing, allowing access to the interior, on his property which is not secured in compliance with this
Ordinance.
SECTION NINETEEN:
STANDARDS FOR SECURING BUILDING.
I. Compliance with county specifications. The boarding of the doors, windows, or other
openings of any building or structure, or any means of sccuring such openings, other than by the
conventional method used in the original construction and design of the building or structure, shall
comply with the specifications as required by this Ordinance.
2. Additional requirements. In connection with the boarding of the doors, windows, or other
openings of any building or structure, or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure, the
owner shall also comply with all of the Jollowing requirements:
a. All electrical service to the building or structurc shall be shut off for safety
precautions. Compliance with this subsection may be waived in writing by the Building
OfIicial or designee as to the electric utility service if electricity is needed to power exterior
security lighting, an alarm system, or equipment to be used in connection with the
rehabilitation of the building or structurc for which there is an active and current building
permit.
b. The sewer shall be capped in a manner approved by the County so as to prevent the
accumulation of methane gas in the building or structure.
c. The interior of the building or structure shall be cleaned of all trash, junk, garbage,
debris, and solid waste, and personal possessions shall be rcmoved from the interior of the
building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to
firefighting equipment or personnel in the event of a fire.
SECTION TWENTY:
EXCEPTIONS TO BOARDING REQUIREMENTS.
A boarding certificate shall not be required in the following circumstances:
I. Temporary emergency situations, including, but not limited to, an activation of a Local State
or Federal response plan, hurricane preparation and damage caused by local weather.
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2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to an
order rendered by the CEB.
3. County-initiated boarding and securing.
SECTION TWENTY-ONE:
AMENDMENTS TO SECTION TWENTY-ONE OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-onc of Ordinance No. 2004-58, as amcnded, is hereby amended as follows:
SECTION TWENTY ONE TWENTY: COSTS INCURRED BY COUNTY; ASSESSMENT OF
LIEN.
All costs incurred by the County for actions taken by the County to cure violations of this
Ordinance shall be charged and billed to the person in violation of this Ordinance. Unless payment is
made within 30 days of such billing, the Board of COHnty Commissioners may, by the adoption of a
resolution levying such charges and administrative fees the Code Enforcement Board or Special
Magistratc shall assess against the property a lien in the amount of the charges outstanding.
Assessment liens levied in this manner shall bc tiled with the Clerk of Courts and in the public
records of the County as a lien against the property and shall be prior in dignity to all other liens
against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal
rate and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed.
SECTION TWENTY-TWO:
AMENDMENTS TO SECTION TWENTY-TWO OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-two of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION TWENTY TWO TWENTY-ONE: NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE.
I. The Secretary to the Code Enforcement Board or Special Master Magistrate shall send
out a Notice of Hearing to the owner or his authorized representative by either certified mail, return
receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any
manner authorized as provided by the Ordinance cstablishing the Code Enforcement Board or Special
Master Magistrate, as appropriate. The Sccretary to the Board shall provide Notice to the owner as
herein provided at least ten (10) days prior to the hearing at which the revocation consideration will
be presented. A copy of said Notice shall be sent to the supervisor of the Code Enforcement
Investigator involved, the Code Enforcement Investigator involved and if applicable, the attorney for
the Board.
2. The Notice of Hearing shall inform the property owner that he or she is permitted to
provide an evidentiary packet of information to the Secretary to the Board or Special Master
Magistrate for distribution prior to the Hearing. In order to have the information provided to the
reviewing body prior to the Hcaring, the property owner should submit Iifteen (15) copies of his or
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"
"}
her information to the Secretary to the Board five (5) days prior to the scheduled hearing. The
Secretary to the Board shall distribute the evidentiary packet to the reviewing body. If the Code
Enforcement Investigator intends to provide an evidentiary packet prior to the Hearing, the
evidentiary packet must be delivered to the property owner along with the Notice of Hearing. The
Secretary to the Board shall not deliver his or her evidentiary packet to the reviewing body until he or
she rcceives the owner's evidentiary packet or until the deadline by which the owner's packet of
information must be received by the Sccretary has passed. If the owner timely delivers his or her
evidentiary packet, the Secretary to the Board shall deliver all preliminary evidentiary packets
together.
SECTION TWENTY-THREE:
AMENDMENTS TO SECTION TWENTY-FOUR OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-four of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION T\VENTY fOUR TWENTY-TWO:
PENALTIES.
If any person, firm or corporation, whether public or private, or other entity fails or refuses to
obey or comply with or violates any of the provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and
shall be punished by a line not to cxceed Five Hundred Dollars ($500.00) or by imprisonment not to
exceed Sixty (60) days in the County Jail, or both, in the discretion of the Court. Each violation or
non-compliancc shall be considered a separate and distinct offense. Further, each day of continued
violation or non-compliance shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful
action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or
non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable
action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be
construed to prohibit the County from prosecuting any violation of this Ordinance by means of a
Code Enforcement Board or Special Master Magistrate established pursuant to the authority of
Chapter 162, Florida Statutcs.
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth in
this Section to the full extent allowed by law.
SECTION TWENTY-FOUR:
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section",
"article", or any other appropriate word.
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SECTION TWENTY-FIVE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of compctent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TWENTY-SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~(,{hday of -:rQl'\lt~~ ,2010.
ATTEST:, ' .' .
DWIGHT E.,I3.Rbc%;CLERK
'~~k
<:...9..I1~1Jihy Illerk
1/IIJ.'i'J ,,'
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~.~Lv, C~
FRED W. COYLE, CHAIRM N
Approved as to form
and legal sufIiciency:
c\
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-02
Which was adopted by the Board of County Commissioners
on the 26th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2010.
DWIGHT E. BROCK
Clerk of Courts-apd,Clerk
Ex-officio to Boa~q of
County Commissioners
p~~c
Polaski,
Deputy Clerk
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