Backup Documents 01/26/2010 Item #17E
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i) 17f
'I ~
, '
To: Clerk to the Board: Please place the following as a:
I:8J Norrnallegal Advertisement
(Display Adv., location, elc.)
o Other:
**********************************************************************************************************
Originating Dept/ Div: Code Enforcement Person: Diane Flaggl Code Enforcement Director
Date: 01/05/10
Petition No, (If none, give brief deseriplion):
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO
CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE
ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF DANGEROUS DOG DETERMINATIONS TO
THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
Petitioner: (Name & Address):
Name & Address of any person(s) 10 be nolified by Clerk's Office: (If more space is needed, atlach separale sheet) Diane Flagg, Code
Enforcement Director
Hearing before x Bee
BZA
Other
Requested Hearing date: Januarv 26, 20tO (Based on advertisement appearing 10 days before hearing), (BCC 01/26/tO based on
BCC approval on 01/12110)
Ncwspaper(s) to be used: (Complete only if important):
I:8J Naples Daily News
o Other
o Legally Required
Proposed Text: (Include legal description & common loealion & Size:
Companion pelition( s), if any & proposed hearing date:
Does Petition Fee include advertising cost? r8J Yes 0 No If Yes, what account should be charged for advertising costs:
111138911 PO#4500Il0972
Reviewed by:
Division Administrator or Designee Date
List Attachrnenls:
DISTRIBUTION INSTRUCTIONS
A. For hearings before Bee 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:
o County Manager agenda me: to
Clerk's Office
o Reqnesting 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 W'!~ y: . 11 l
Dale Received: ~ Date of Public hearing: 7.l.s2 LO
11E"
Date Advertised: 1j6hn-
17E
Acct #068782
January 14,2010
Attn: Legals
Naples News Media Group
1100 lmmokalee Road
Naples, Florida 34110
Re: Ordinance Amending Ordinance 2007-44
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,
Ann Jennejohn,
Deputy Clerk
P.O. #4500110972
.l1E ~II
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. 2007-44, THE COLLIER
COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO CLARIFY
PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE
THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF
DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL
MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING
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 3 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 East, Building W, Naples, Florida 34112, (239) 252-8380.
1",7E ";1
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
Ann P. Jennejohn
17E t:~1
From:
Sent:
To:
Subject:
Attachments:
Ann P. Jennejohn
Thursday, January 14, 2010 11 :50 AM
Naples Daily News Legals
Amending Ordinance 2007-44
Amending Ord, 2007-44.doc; AMENDING ORD. 2007-44 ,doc
Good Morning Legals:
Please advertise the attached on Friday, January 15, 2010.
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
I
Ann P. Jennejohn
l1'E
,
; t)
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Thursday, January 14, 2010 11 :58 AM
Ann P. Jennejohn
RE: Amending Ordinance 2007-44
ok
From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Thursday, January 14, 2010 11:50 AM
Posted To: Legals - NDN
Conversation: Amending Ordinance 2007-44
Subject: Amending Ordinance 2007-44
Good Morning Legals:
Please advertise the attached on Friday, January 15, 2010.
Thank you.
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
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.
I
Ann P. Jennejohn
17{ "I
From:
Sent:
To:
Subject:
Attachments:
Pagan, Emely [EPagan@Naplesnews,com]
Thursday, January 14, 2010 12:03 PM
Ann p, Jennejohn
Ad Confirmation
UAS2C6F.jpg
ATTACHED please review yaur natice & confirm approval via email.
Thank you for placing your ad.
PUB. Date JAN. 15, 2010
Publication NDN
Ad Number 1835098
Total Ad Cost $223.26
Emely Pagan
213-6061
I
NOTICE OF INTENT TO CONSIDER
ORDil,ANCE
1'1f tfl
NotH;e i'5 hereby given that on Tues-
day, January 26. 2010, In the Board.
room. ;rd Floor, Adminl,tration Build,
lng, ColliN CoUnty Government (en.
ter. 3301 East Tarnlarnl Trail. Niiples,
Flonda, the Board of COLinty COfl1nli~.
sioners will r.onslder the enactmem of
a County Ordfnan(,:. Tlw meetino will
comm€'nce-at 9:00 A.M Th* titlf? of
the proposl;Q Ordinance is as follows:
AN ORClINANCE OF THE BOARD OF
COUNTY COMMISSIONERS Of Cl1lLIEI\
COUNTY, fLORIDA. AMENDING ORDI-
NANCS NO. 2001-'14. THE COLLIER
COUNty CONSOliDATED COllE EN-
FOIKEMENT ORDINANCE. TO CLARIFY
PROCEDURES RHA TiNG TO CODE EN-
FORCEMENT CITATIONS BROUGHT B[-
FORE IHE CODE ENFORCEMENT ,PE-
CIAL MAG ISmA IE. AND TO ADD AP-
PEALS 01' DANGEROUS DOG DETERMI-
NATIONS ~IO THE IUllISDICTION OF
THE5PECIAL, MAGISTRATI:, PROVID.
ING FOR CONFlIcr AND SEVEFiABllI.
TY; I'ROVIDING FOR iNCLUSION IN THE
CODE or LAWS AND ORDINANCES;
AND PROViDING AN EFFECTIVE DATE
Caple<. aT th@ proposfod Ordinance are
on fil!::" wlth the. Clerk to the Board and
are availabl.:t for _Inspection AII1nter~
ested parties are inVIted to attend and
be- he.:H"d_
NOTE' All p@fsons wlshmg to speak on
any agenda It-ern must regis-t~r with
the CouMy adminJ'itr21!or pr'lot 10 pre--
senlalion of the- agenda item to be-
addr~%ed. Individual speakers. wdl be
limited to 3 mlnute'i. on any Item. The
sE'lectlon of an Individual to $p~.ak on
behalf of an organizmion or group i~
@n(ouraged If re(ognized by the
Chairman, a spokespl?rson for a group
or organization nlilY be alloned 10
rmnUH!S 10 spleak on ,1m item,
?@rsons w;5h;n~ to have wrirt.@nor
graphic mateflais inr.lude--d in Ihl:"
HDard ilfJeonda packet!:. mu<:.t submit
"aid matl?rial a minimum of 3 w~ek!;
IJrior tn th~ respective public heMing
n ~lny case, written matp-rial~ intended
to b~ comidered by the Board shaH be
submitted 10 the appropriat~ Count-y
"taft a mirllfllUrTl of <,;€'ver'l days prior to
the publiC hl?aring. AlI111ilt€rial us@d
In r:H€':ie-ntations before the Board will
become i'J permanent part of the re.
cord.
Any person who de{id~!;. to appeal a
de-ci$ion of lh~ Board wiil nl?ed il r@-
(ord af the- procee-dings pertaining
theretO and Jhli!refor.e. may need 10
ensure that il verbatim record of the
proceedir1gs is madE'. which record in
(Itjd~s the lEJstimony and evide-ncE'
upon which lhE'appealls based.
It you are a person W[th a dha~)ility
who noeeds, any accommodation rn en.
<ler to partkip~te in thi~ proceeding.
you .1re entitled, at no <cst to you, to
the proVision of certain aS51'nanc.e.
Plea5~ conrad the Collier County fa.
cilities tVIan6gement D_epartment.. 10
<,ated at 3301 Tiwllami Trail Ea;;t,
~uilding W, N.".ples. Florida 34112,
(2'35'1J 252.8380. A'~si5t~d listening de.
vices for the he-aring impaired Z1re
available in the County CornrTlis'iiol1.
Ns'Qftice.
Bo,l'\RD Of COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK. CLERK
By; ~\r1n Jennejohn, Deputy Clerk
(SEALl
Januarv 15, LOiC Noi83509-H
Ann P. Jennejohn
17E
From:
Sent:
To:
Subject:
Naples Daily News [naplesnews@clicknbuy.com]
Friday, January 15, 2010 12:11 AM
Ann p, Jennejohn
Thank you for placing your classified advertisement.
Ad # 1835098
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. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE
ENFORCEMENT ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT
CITATIONS BROUGHT BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD
APPEALS OF DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL
MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the
proposed Ordinance arc 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 prcscntation of the agenda item to be addressed. Individual speakers will
be limited to 3 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 havc 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 bc submitted to the appropriate County stafI
a minimum of seven days prior to the public hearing. All material used in presentations before the Board will
becomc 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 thereforc, may need to ensure that a verbatim record of the
proceedings is made, which rccord includes the testimony and evidence upon which thc appeal is bascd. If you
arc 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 FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) January 15, 2010 No 1835098
You also have the exciting option to cnhance your online advertisement with extended text, photos and even
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I
Ccae 131 W(Ct't'Y111t speCl ctl
ftrvtma i vry 2DD7-LJ-tf
~
NOTICE Of INTENT TO CONSIDER
ORDINANCE
Notict is hereby given. that on Tues-
dJ~. Mnuary 26, 2010, in the &o.fd-
room,3rd floor, Admlnl5tratton BaUd-
ing.Collier County Gtlvemment Cen-
ter. 3301. East Tamiami Trail, N~
Fiorid-.. the Board of County Commis-
sioneR will consider the enactrneAt of
a ColJnty Ordinafl(l!. The meeting will
commtnee at 9:00 A.M. The tl\"hi of
tM proposedOrdinancl!' is as foHows:
AN ORDINANCE OF THE sOAID OF
COUNTY. COMMISSIONERS OF COWER
coutm'. FLORIDA. AMENDING, ORDI.
NANQ' NO. 2007-44, THE COW!R
COUNlT CONSOLIDATED eODEEN.
f01l(:IMfNT ORDINANCE, TO CLAAWY
PRO(:IDURI!S RELATING TO C~ EN-
FClftQMENT CITATIONS BROUGHT BE-
F()iIf !THE . CODE ENFORCEMENT SPE-
CIAL MAGJSTRATE,ANI> TO ADD AP-
PlAL$.OF DANGEROUS -DOG DETERMI-
ftAn0N6 TO THE JURISDICT10N Of
Tt1f; $PECIAL MAGISTRATE; PROVIO-
,NG _ CONFlIcrANO SEVERABILI-
1V;HQVIDING FOR INCLUSION IN THE
COR: 'Of LAWS - AND ORDINANCES;
A,MJ1'IOVIPING AN I:FFECTM DATE.
.~~it~hteh:d~~~ 3,rt8g~id :J:
." a8Hable for 'inspectiol1. All int,r-
ested parties are invited-to attend and
~ hurd.
.0_, .",..' ,.,',",.'.""....iI,~".on
an~:,' ",- ... - ,;. -. ...... .'With
the ". . c-to,...-
son ...' ".."; ,"_"IWI; to' ~
I~~B~;~
I or organization may be allotted 10
minutes to speak on an item.
Persons wishin~ to have written or
graphic materials included In .the
Board agendapllckets must submit
said material a minimum of 3 weeks
prior to the re1ptctlvepublichearing.
In any cas._ e. owr, itten m.t~..... ~,I Is iJ:rten, ,ded
to_~ qNJs,id.rtld::by,E--~,~~",.1I be
subm~to,~ .. ' . .~..., CCl~nty
staff jl,m1nimum'qt" . ..:~'prlor to
the -publk-he.aring.::AlI:\'IUlttri.lused
in p~tiOi'l5 '6etorf:itl880ardw)1I
become-. ~"pett of the re-
cord.
Any person who- decides to appeal a
decision of the Board will need iii re-
cord of tbe proc.eedir'9sperta, lning
thereto and therefore-, may n..:to
ensure that a verbitki1 record.'Qftbe
proceedings is m~, which retON ,1ft-
ductts: .the testimony' and e~e
upon which the appeal is based.
If ~ are a person with a disability
whO needs any at:cOmmoclation .In or-
cter .. participate. in. this pr.QC4!1IldItlg.
you lift entitled, at rlO con to yofil, to
the' provIslon of. certain'assiltln<e.
Pleue. contact the:. Collier County_ F.
_.. Manageme:ntbepartmqt" kl-
ated. at 3301 Tamf.aml TraN. E:aJt.
lwildiAg W, Nar:ites, Florida :3ltIft
(239)'Z52-8380. Assimd listenltlg...
vkes . for the hearing, impaired . an
avail"'e in the Count): Commialcwi,
ets'Offlce.
IOMDOF COUNTYCOhlMISSIONlR$-.
COWIfI COUNTY, FLOJllOA ';'..
_.YlE,otA_.,."
'!Jr. · 'll00< g.qK' . .
. W'hinnejohn, 'oeputycf~rk'
(EAL) , . .
MntAIl'y 15, 2010 No11.l5098
MilJiStelJ-7{.
Signature of Affiant
Sworn to and Subscribed before me this d-- \S-t day of "1c;..V\v-.c....,
Naples Daily News
Naples, FL 34110
Affidavit of Publication
Naples Daily News
--------------------------------------------------+----
BCC/CODE ENFORCEMENT
CLERK OF CIRCUIT CRT
POBOX 413044
NAPLES FL 34101
REFERENCE: 068782
59603852
P.O. #4500110972
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
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 has heretofore been continuously
published in said Collier County, 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 1 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 advertisement for
publication in the said newspaper.
PUBLISHED ON: 01/15
AD SPACE:
FILED ON:
72 LINE
01/15/10
Personally known by me
t1E ,i
NOTIfi Of INTfNTTO CONSIDER
ORDINANCE. .
Notice is, hereby given that' on Tues- .
day, Janl.m)' 26. 201Q, in the 8oIr<l-
rOOP'l, ,3rd FtOOl';.Aclministretlon Build-
ing, '(Oijlti:..County,Govemment Cen.
ter, 3301 fut T,""iami Trait, Naples,
Florid..., tne""Board.. 'of 'County Commis-
sioners will Consider the enactment of
. coUnty Ordinence: The meeting will
commence at, 9:00 A.M. The title of
the propqsed Ordlnan(& is as follows:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMlSSIONEflS Of .COLI.IER
couNTY, ftOIttDA.' AMENOING' ORDI-
N~, -NO. 280'1'44; THE COLUER
COUNTY, CO"30UDATfO CODE EN-
mRCEMEKT '0ft0INANCf, TO' CLARIFY
'IlO(l!""""RllATlNG <0 COOl! EN-
FORCEMeNT CITATIONS BROUGHT BE-
FORE THE coot. ENFORCiM.ENt SPE-
CIAL' MAGJ5l'RATEi ANO TO ADO AP-
PfALS Of DANGtROUS DOG DE.TERMI-
NA lIONS TO THE. JURISDICTION OF
THE SPECi~ MAGtSTM.T(; JlROVIO-
INGFOft -CONl'UCt AND !iEVEIlABILl-
lV; PROVIO:lNG faR INClUstQ)t-fN THE
COM:' OF ,tAWS' AND, OADlNANCfS;
A'NO PROVIOlf'GAN, fFftCtlVE DAre.
o ,', ,:.,
Copies of the proposed Ordinance are
~~ f~:~t~rC1::;~~'B=1';i
esited~,..InYlt<<l to attend' and
..._'
",' '",,:"/"';-'
~.11~~=akwi~h
**1 " ' istrMOr,rlwto pre_
sentatlon' of the agenda "Item to be
_.---,---~,---
addressed., ln4ivid1.lal spe<llumi will -be
IimitefOi ~3 ,mmuteson ~ltem; The
selecl:1Qn (If lJ~indi,vtdual to'speak on
beflalf. of an Cll'ganitltion, orQl"oupis
encouraged. If ntcognited by the
Chajrmln,a~esperson for a grouP.
or org.niilt-jon mty be, aHatted 10
minutes to sptak on an item.
PertOns wl5l1ing to have written or
grlllptik matef'lals inclUded. In the
Board agertda- -pactlMS must submit
said mabn'i.l1 al'fllnlmum of3 weeb
prior to:tf\e, 1'$l~IVfI public hearing.
In any ClI.,Wtitteh,rilaterial$,i"~
to~ cooodered'byttie- ~t4 stu!tlfje
$Ub"Uttedtofhe'ap~ Ohtfity
Sbff,a mlnimurri of~n_ rJa~,W~NO
the publk "hltatl~~ "All, rnatiliiH,~
In'pm~ tiefOl'I' the-'Botrd.:WiIl
become a permanent part -M ttte',!re-
cord.
Any p..... who deddoo t':I('
c!ed~,,' 11 of the ~rd w'i,"','"'~: I"Ie-
""", ',9ftheprowd-,',j 9
tl'lerffo aiict therefJite,"'l'naf~, ,0
enAAe,' that ,a-'A'rbMim _ fewl'd;01 the
proceedings is made, whitt! rec:ot'd In-
cludes the te$limony and ,evidenc~
upon whlchthe-appeal is !wed.
If you .r. a person with a disability
whO need5 any 'ac,ommodatiOftln or-
derto plrticiPJtein this pl~ng,
you IR! entitled. at no cost to you, to
the' pr~iSfon' of, certain assistance.
Ple.se contatt"theCollier CoUnty fa-
cilit,ies.Mani!l!Jem8l'l:t Department,. lo-
cated.. at . 3301 Tamlami Trail East,
Building W. Naples, Florida 3411i,
(239) Z52.a3fQ, ASsisted listening de.
vkes for the' 'hearing ~alredare
a~i=e.in the COuntyotrynimon-
SOARD OF COUNtY coMMIsSIONERS
COWER COUNTY, fl~tDA
~F!:S~~'be~
January 15. 2010 Not835098
20\0
KAROL E KANGAS
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i17
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only!!.f!!r the Board ha'i taken action 011 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
hf
exception of the Chairman's signature, draw a line throuQh routimzlines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line #5),
Route to Addressee(s) Office Initials Date
(List in routine order)
1. Judy Puig CDES Administration ~ 1\a-12)/O
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County {A_ I/'l't/o.)
Commissioners
6. Minutes and Records Clerk of Court's Office
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 BCC Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the
item.
Name of Primary Staff Marlene Serrano
Contact
Agenda Date Item was tra.Vlt.lt({"! ';It,. dolO
A roved b the BCC
Type of Document
Attached
Phone Number
Agenda Item Number
Consolidated Code Enforcement Ordinance
-0
Number of Original
Documents Attached
252-2487
17E
Yes
(Initial)
N/A (Not
A Iicable)
I.
INSTRUCTIONS & CHECKLIST
Iniliallhe 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 documenls 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, agreemenls, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
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
The Chairman's signature line date has been enlered as the date ofBCC approval of the
document or the final ne otiated contracl date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicaling where the Chairman's
si nature and initials are re uired.
In mosl cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitcbell 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!
The document was approved by the BCC on_ I O<t /0 _(enter date) and all
changes made during the meeting have been inc rpo ated in tbe attached document.
Tbe Count Attorne 's Office has reviewed the chan es, if a licable.
~
N/A
~
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05
2.
3.
4.
5.
6.
17 E _I
MEMORANDUM
Date:
February 8, 2010
To:
Marlene Serrano,
Code Enforcement
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2010-04
Please find one copy of the above referenced document (Agenda Item #
17E) 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
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
17EII"
17E
"~I' 01
COLLIER COUNTY
CONSOLIDATED CODE ENFORCEMENT ORDINANCE
ORDINANCE NO. 201O-~
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44,
THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT
ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE
ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE
ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF
DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF
THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIlI of the Constitution of Florida authorizes Florida counties to
exercise broad home rule powers; and
WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and
governing body of a County shall have the power to carryon County government and that said
power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as
any powers exercised are not inconsistent with general or special laws; and
WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county may adopt
ordinances and resolutions neccssary for the exercise of its powers and prescribe tines and
penalties for the violation of ordinances in accordance with law; and
WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recogmze that the
enumeration of powers in Section 125.01(1), Florida Statutes, incorporatcs all implied powers
necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be
liberally construed in order to effectively carry out the purpose of the section and to secure for
counties the broad exercise of home rule powers authorized by the State Constitution; and
WHEREAS, pursuant to Chapter 162, Florida Statutes, 'The Local Government Code
Enforcement Boards Act," the Board of County Commissioncrs of Collicr County duly enacted
Collier County Ordinance No. 2007-44, known as "Thc Collier County Consolidated Code
Enforcement Ordinance."
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Page I of 18
17 E 4.
SECTION ONE: Amendment to Ordinance No. 2007-44.
ARTICLE I. General
Section J. Title and Citation.
This Ordinance shall be known and may be cited as thc "Collicr County Consolidated
Code Enforcement Ordinance."
Section 2. Applicability.
The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated
areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities
within Collier County that agrec, by resolution of the governing bodies of both the County and the
municipality, to have this Ordinancc apply and be enforced in the municipality.
Section 3. Purpose and Authority.
It is the intent of this Ordinancc to promote, protect, and improve the health, safety, and
welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement
Board, which may act as the Collier County Nuisancc Abatement Board from time to time, and a
Special Magistrate, with authority to impose administrativc fines and other noncriminal penalties;
and to provide a Code Enforccment Citation process for cnforcement of County codes and
ordinances in County Court, all of which is intended to provide an equitable, expeditious,
effective, and inexpensive method of enforcing any codes and ordinances in force in Collier
County, where a pending or repeat violation exists.
Section 4. General Definitions and Abbreviations.
When used in this Ordinance, the following terms shall have the following meanmgs,
unless the contcxt clearly indicates otherwisc.
Code Enforcement Officer means any authorized agent or employee of the County whose duty it is
to assure code and ordinance compliance.
Commission means the Board of County Commissioners of Collier County, Florida.
Enforcement Board means the Collier County Code Enforcement Board, which may act as the
Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and
decide cases involving violations of any County codes and ordinances.
Notice to appear refers to a \Witten order issued by a Code Enforcement Officer requiring a person
accused of violating the law to appear in a designated court or government office at a specified
date and time. If a person refuses to sign thc notice to appear, the Code Enforcement Officer has
no authority to arrest such person.
Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally
or rcduced to \Witing.
Page 2 of 18
ll.lE __
Person means an individual, association, finn, partnership, corporation, or other legal entity.
Prosecutor means anyone authorized to present cases before the Enforcement Board or Special
Magistrate, and shall include Code Enforcement Officers.
Public nuisance means those nuisances as identified in either 9 893.138 or 9 823.05, Florida
Statutes, or othcr statute or ordinance declaring public nuisances.
Repeat violation shall mean a violation of a provision of a codc or ordinance by a person who has
been previously found through the Enforccment Board, Special Magistrate, or any other quasi-
judicial or judicial process, to have violated the same provision within five years prior to the
violation, notwithstanding the former and present violations occurring at different locations.
Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the
administrative staff personnel responsible for the preparation, developmcnt and coordination of all
administrative and case management scrviccs necessary for the proper functioning of the
Enforcement Board or Special Magistrate, as the casc may be.
Special Magistrate is a person authorized by the Commission to hear and decide cases involving
violations of any County codes and ordinanccs.
Violator means a person (the property owner, tenant, or business entity on the premises, or any
combination thereof) alleged or found to have violated any code or ordinance of Collier County,
which an Enforcement Board or Special Magistrate has jurisdiction to cnforce.
Section 5. Rules of Procedure.
Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as
deemed necessary to carry out thcir duties, consistent with the provisions of this Article and
Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to
approval by the Commission.
Section 6. Powers and duties.
(I) Both an Enforcement Board and a Special Magistrate shall have the power to:
(a) Adopt rules and regulations for the conduct of hearings;
(b) Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be
served by the Collier County Sheriff or a duly authorized person;
(c) Subpoena evidence including, but not limited to, records, surveys, plats, and other
documentary cvidence, which subpoena may be servcd by the Collier County Sheriff or a duly
authorized person;
(d) Take testimony under oath;
(e) Hold hearings on notices of violations and citations;
(I) Issue orders having the force of law to command whatever steps are necessary to bring a
violation into compliance;
(g) Assess administrative lines, costs, and to impose licns and order the payment of such fines,
as provided for herein;
Page 3 of 18
17 Ell
(h) Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a
money judgment for unpaid fines and costs imposed by the eEnforcement b~oard or Special
Magistrate; and
(i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local
Government Code Enforcement Board Act.
ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board
Section 1. There shall be one or more Enforcemcnt Boards which shall, from timc to time, also
function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have
jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier
County codes or ordinances.
Section 2. The Enforcement Board shall be comprised of seven members and two alternate
members appointed by the Commission. Members of the Enforcement Board shall include,
whenever possible, an architect, a businessperson, an engineer, a general contractor, a
subcontractor, and a realtor.
Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier
County and shall serve without compensation.
Section 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may
be authorized, in advance, by the Commission.
Section 5. Terms of office shall be in accordance with Ordinance No. 2001-55, as it may be
amended.
Section 6. Enforcement Board member attendance requirements, including failure to attend
meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor
ordinance. The members shall serve at the pleasurc of the Commission and may be suspended and
removed for cause by a majority vote of the quorum of the Commission. If any member becomes a
candidate for publicly elected office, or becomes an employee of the County, his or her
membership will automatically tcrminate.
Section 7. An alternate member shall act only in the absence, or disqualification, of a regular
Enforcement Board member.
Section 8. The initial appointments to the Enforcement Board shall be as follows:
(I) Two members shall be appointed for a term of one year each;
(2) Three members shall be appointed for a term of two years each;
(3) Two members shall be appointed for a term of three years each;
(4) One alternate member shall be appointed for a term of two years and one alternate member
shall be appointcd for a term of three years.
(5) Thcreafter, all appointments shall bc made by the Commission for a tcrm of three years.
(6) In the event any member's term, including that of any alternate member's term, expires during
the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired
term shall automatically bc extended for the limited time and for the limited purpose of presiding
Page 4 of 18
17 E \'~.
over such particular case(s) until conclusion and final vote and the time for rehearing has passed.
In the event a rehearing is granted, such member's term shall continue for the limited time and
limited purposc to rehear the matter and reach conclusion by Iinal vote.
Section 9. Organization of the Enforcement Board.
(I) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other
officers as the Enforcement Board shall deem necessary, after election to such position by the
regular voting Enforcement Board members.
(2) OfIicers of an Enforccment Board shall be elected by a majority vote of the membership at
the first meeting of the Enforcement Board, after the initial appointment of the membership and
annually thereafter.
(3) A minimum of four members of an Enforcement Board shall constitute a quorum. An
alternate member shall be considered as one of such members for quorum purposes.
(4) The Commission shall provide such clerical and administrative personnel and legal services
as may be reasonably required by an Enforcement Board for the proper performance of its duties.
(5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney
who is a member of the Florida Bar, either residing or practicing in the County, to represent and
act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the
Enforcement Board. If not the County Attorney, the appointcd attorney shall be compensated as
provided by the Commission.
(6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier
County Ordinance No. 2001-55, as it may be amcnded.
ARTICLE III. Special Magistrate
Section 1. Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement
Board, and may also hold hearings on contested citations under the procedures set forth in Article
V herein, issued by but not limited to, the Collier County Sherin's office, the Collier County Code
Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer
Services Departments for violation of local codes and ordinances. In addition, the Special
Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant to
Chapter 767. Florida Statutes.
Section 2. Qualification, appointment, and removal of Special Magistrates.
Appointment ofa Special Magistrate shall be based on the following qualifications and terms:
(I) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the
American Bar Association, (b) demonstrate knowledge of administrative law, land use law and
local government regulations and proccdures, (c) be a member in good standing with the Florida
Bar, and (d) be either a certified mcdiator undcr the rulcs of thc Florida Supreme Court, an
arbitrator qualified by a recognized Arbitration Association, or a formcr judge, and (e) meet other
such qualifications that may be established by resolution of the Commission.
(3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the
Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of
the Commission. There shall be no limit on the number of reappointments that may be given to
any Special Magistrate; provided a determination for removal or reappointment is made for each
Page 5 of 18
17 E~'
individual Special Magistratc at the end of each two-year term. The Commission shall have
authority to remove a Special Magistrate with or without cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to cxpiration of his or her term or the
Review Board determines that thc Special Magistrate should not be reappointed, the Review
Board shall make a recommendation for reappointment from the candidates prcviously
interviewed to till the vacancy within 30 days.
Section 3. Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members of
the Code Enforcement Department; one member from the OfIice of the Collier County Attorney;
and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be
to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the
performance of the Special Magistrate(s) in order to recommcnd the removal or reappointment of
said Special Magistrate(s) to the Commission.
ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement
Board, and the Special Magistrate
Section I. Enforcement procedures.
Mattcrs brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the
Special Magistrate, shall be scheduled on the applicable agenda consistent with the following
procedures:
(1) Alleged violations of any code or ordinance may be filed with the Code Enforcement
Department by citizens or those administrative officials who have the responsibility of enforcing
the various codes and ordinances in force in Collier County.
(2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer
shall provide notice and specify a rcasonable time to correct the violation(s). Notice shall be given
in writing and shall specify the alleged violation, the required corrective action and the time period
for correction.
(3) Should any violation continue beyond the time specified for correction, the Secretary to the
Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be
conducted concerning the alleged violation(s) as noticed. The notice shall state the time and place
of the hearing, as well as the violation(s) which are alleged to exist.
(4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time
spccified for correction in the notice, the Code Enforcement Officer may either issue a citation or
schedule the case for hearing, and the notice of hearing shall so state. If the Code Enforcement
Officer initiates the hearing process, the case may be brought for hearing even if thc violation has
been corrected prior to hearing, and the notice of hearing shall so state.
(5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the
violation prescnts a serious threat to the public health, safety and welfare or if the violation is
irreparable or irreversible in nature, the Code Ent()rcement Officer shall make a reasonable effort
to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate
and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be
required to adhere to the notice and time requirements as set forth above.
(6) If a repeat violation is found, the Codc Enforcement Ot1icer shall notify the Violator but is
not required to give the Violator reasonable time to correct thc violation. The Code Enforcement
Page 6 of 18
17E
..
I
Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code
Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case
may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the
notice of hearing shall so state.
(7) If the owner of propcrty which is subject to an Enforcement Board or Special Magistrate
proceeding transfers ownership of such property between the time the notice of violation was
served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the procceding to the prospective
transferee;
b. Delivcr to the prospective transferee a copy of the notices and other materials relating to the
code enforcement proceeding reccived by the Violator/transferor;
c. Disclose, in writing, to the prospectivc transferee that the new owncr will be responsible for
compliance with the applicable code and with orders issued in the Enforcement Board or Special
Magistrate proceeding; and
d. File a noticc with the Code Enforccment Department of the transfer of the property, with the
identity and addrcss of the new owner and copies of the disclosures made to the new owner,
within five days aftcr the date of the transfer.
A failure to makc thc disclosure described abovc and before the transfer creates a rebuttable
presumption of fraud. If the property is transferrcd before the hearing, the hearing shall not be
dismissed, but the new owner shall be provided a rcasonable period of time to correct the violation
before the hearing is held.
Section 2. Enforcement procedures before the Nuisance Abatement Board.
Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance
Abatement Board shall be scheduled on a separate agenda in accordance with the following
procedures:
(I) Any employee, officer or resident of Collier County may makc a complaint and request for
prosecution of public nuisances before the Public Nuisance Abatement Board, for public
nuisance(s) located within the area of Collier County as set forth in Article 1, Section 2 of this
Ordinance. Said complaint shall be made with the Collier County Shcriff's Office if the complaint
involves criminal activity as the underlying basis for the nuisance complaint. Any non-criminal
nuisance complaints shall be made with the Collicr County Code Enforcement Department.
(2) Upon the making of more than two complaints within a six-month period on any particular
place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail
written notice of such complaints by hand delivery or by certiIied mail, return receipt requested, to
the owner of the place or prcmiscs complained of at the owner's address listed in the tax collector's
office of tax notices. Said noticc shall provide for the owner of the place or premises to contact the
Collier County Code Enforcement Department within 14 days of receipt of the notice. This time
period shall be allowed for the purpose of allowing the owner to take such good faith measures as
are appropriate to abate the nuisance. The Code Enforcement Dcpartment supervisor or his/her
designee may extend the 14 days to allow the owner to initiate or continuc actions to abate the
nuisance, provided that the actions taken arc reasonable.
(3) In the event the owner fails to respond to the notice from the Collier County Code
Enforcement Department or fails to take reasonable action to abate the nuisance within the time
frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the
complaint before the Nuisance Abatcment Board. The Collier County Sheriffs Office shall
provide the Prosecutor with the results of its investigation of the complaint and also assist in
Page 7 of 18
17 E 1~
serving any notices required under this division. The Sheriffs Officc shall also make available the
Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for
subpoena.
(4) Written notice ofa hearing before the Public Nuisance Abatement Board shall be provided by
the Secretary to the Enforcement Board by certified mail, return receipt requested, to the owner of
the place or premises and to the complainant at least ten calendar days prior to the scheduled
hearing. Said notice shall includc:
a. A statement of the time, place and nature of the hcaring;
b. A statemcnt of the legal authority and jurisdiction under which the hearing is to be held;
c. A referencc to the particular scctions of the statutes and ordinances involved; and
d. A short and plain statement summarizing the nuisance, which is the subject of the complaint.
Section 3. Subpoena procedures for Enforcement Board, Nuisancc Abatement Board, and
Special Magistrate.
(I) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or
Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance
Abatement Board or Special Magistrate, respectivcly. Each subpoena shall state the name of the
Enforcement Board, the titlc of the action, the case number of the action, the name and address of
the person to whom the subpoena is issued, and the time, place and location of the hearing at
which the person is directed to appear, and shall be prepared by the party requesting issuance.
(2) A subpoena for production of documentary evidence may also be issued to command the
person to whom it is directed to produce the books, papers, documents or tangiblc items
designated therein. The Enforcemcnt Board, upon motion made timely and in any event at or
before the time speciIied in the subpocna for compliance therewith, may (1) quash or modify the
subpoena if it is unreasonable or opprcssive, or (2) condition denial of the motion upon the
advancement by thc person on whose behalf thc subpoena is issued of the reasonablc cost of
producing the requested books, papers, documents or tangible items.
(3) A subpoena may be served by any pcrson authorized by law to serve process or by any other
person who is not a party to the action and who is not less than 18 years of age. Proof of such
service shall be made by affidavit of the pcrson making service if not served by an officer
authorized by law to do so. Proof of service shall be Iiled with the Secretary of the Enforcement
Board. The party at whose request the service is made shall make payment of any service fee.
(4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided
for in ~ 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be
borne by the party at whosc rcquest the subpoena is issued and shall be paid to the witness at or
before the time of service of thc subpoena.
Section 4. Conduct of hearing.
(1) Hearings relating to violations of local codes and ordinances shall be conducted in the
following manner whether being hcld by the Code Enforccment Board. Nuisance Abatement
Board or Special Magistrate:
(a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a
hearing before the Enforcement Board or Special Magistrate may be convened.
(b) All hearings shall be open to the public and any person whose interests may be affected by
the matter before the Enforcement Board shall be given an opportunity to be heard. Official
minutes of all hearings shall be kept.
Page 8 of 18
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(c) Hearings may be informal and need not be conducted in accordance with the technical rules
relating to evidence and witnesses. They shall, however, be conducted in accordance with
accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due
process shall be observed and shall govern all hearings.
(d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance
of the evidence that a violation(s) does exist and that the Violator committcd, or was responsible
for maintaining or allowing the violation to continuc.
(e) Where notice of the hearing has been provided to the Violator as provided for herein, a
hearing may bc conducted and an order rendered even in the absence of the Violator.
(f) All testimony shall be under oath and shall be recorded by a certiIied court reporter and/or a
recording instrument. The Violator may cause the proceedings to bc recorded by an independent
certified court reporter.
(g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special
Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the
conduct of business affairs, rcgardless of the existence of any common law or statutory rule which
might make such evidence inadmissible over objection in civil actions. Any part of the evidence
may be received in written form.
(h) Hearsay evidcnce may be accepted for the purpose of supplementing or cxplaining any direct
evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a
finding or decision.
(i) Each party to the hearing shall have the right to call and examine witnesses, introduce
exhibits, cross-examine opposing witnesscs, impcach witnesses and rebut evidence. The Violator
may be represented by legal counsel at all hearings.
(j) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent
and substantial evidence entered into the record, and must bc bascd on a preponderance of the
evidence. Thc decision shall then bc scnt, by regular First Class United States Mail, to the Violator
in the form of a written Ordcr including Iindings of fact and conclusions of law based on evidence
of record.
(k) Should an Enforcement Board or Special Magistratc be unable to issue a decision
immcdiately following any hearing because of questions of law or other matters of such nature
that a decision cannot be immediately madc, the Enforcement Board may withhold issuing its
decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her
decision for a period not exceeding thirty (30) days. In such a case, further discussion of the
pending matter and all deliberations relating thcrcto by members of an Enforcement Board shall
occur at a public meeting of the Enforcemcnt Board. The Enforcement Board or Special
Magistrate shall thercaftcr issue its decision pursuant to subscction (I)(j) of this Section.
(I) A certified copy of such order may be recorded in the public records of Collier County and
shall constitute noticc to any subsequent purchasers, successors in intcrcst, or assigns as the
violation(s) concern(s) real property, and thc findings therein shall be binding upon the Violator
and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest,
or asslgns.
(m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special
Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case, including costs
incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by
the County. Whether and to what cxtent such costs are imposed shall be within the discretion of
the Enforcement Board or Special Magistrate, but shall not cxceed the costs incurred.
Page 9 of 18
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(2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code
Enforcement Department shall present cases before thc Nuisance Abatement Board. The Collier
County Sheriffs Otlice shall only be rcsponsible for receiving and investigating complaints,
sharing said investigative information with the Code Enforcement Department, notifying the Code
Enforcement Department of the need to schcdule hearings, assisting Code Enforcement
Department staff in serving any notices required under this Ordinance, and making available
investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may
be given an opportunity to prescnt oral or written communications, in which event all parties shall
be given an opportunity to cross-examine, challenge, or rcbut said material. After considering all
evidence, the Nuisance Abatement Board may declare thc place or premises to be a public
nuisance, as de1ined by applicable County ordinances and Florida Statutcs, and may enter an order
immediately prohibiting:
(a) The maintaining of a nuisance;
(b) The operating or maintaining of the place or premises, including the closure of the place or
premiscs or any part thereof;
(c) Thc conduct, operation or maintenance of any business or activity on the premises which is
conducive to such nuisancc.
An Order entered under subsection (b) shall expire after one year or at such earlier time as stated
in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to
the expiration of said Orders. The Nuisance Abatement Board or any other authorized person,
may bring a complaint under 9 60.05, Florida Statutcs, seeking a permanent injunction against any
public nuisance.
Section 5. Penalties before Enforcement Board and Special Magistrate.
(I) Upon a finding of violation, the Enforcemcnt Board or Special Magistrate may order the
Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first
violation continues past the date set for compliancc by the Enforcement Board or Special
Magistrate; or in the case of a repeat violation, may order thc repeat Violator to pay a fine which
shall not exceed $5,000.00 pcr day per violation for each day the repeat violation continues past
the date set for compliance by the Code Enforcement Board, or from the time the violation has
bccn repeated, and a hearing shall not be necessary for thc issuance of the Order. If the
Enforcement Board or Special Magistrate Iinds a violation to be irreparable or irrcversible in
nature, it may impose a line not to exceed $15,000.00 per violation.
(2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate,
as the case may be, shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the Violator to correct the violation; and
(c) Any previous violations committed by the Violator.
(3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed
$250.00 per day for each day the Jirst violation continues past the date set for compliance; or in
the case of a repcat Violator, may order the repeat Violator to pay a fine which shall not exceed
$500.00 per day.
(4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen
property nuisance, against a property owner operating an establishment where multiple tenants, on
one site, conduct thcir own retail business, the property owner shall not be subject to a lien against
his or her property or thc prohibition of operation provision if the property owner cvicts thc
business declarcd to be a nuisance within 90 days after notification by rcgistcred mail to thc
Page 10 of 18
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property owner of a second stolen property convictIOn of the tenant. The total fines imposed
pursuant to the authority of 9 893.138, Florida Statutes, shall not exceed $15,000.00.
(5) A certitied copy of an Enforcement Board or Special Magistrate's Order imposing a fine may
be recorded in the public records and thereafter shall constitute a lien against the land on which the
violation occurred or exists, and upon any other rcal or personal property owned by the Violator;
and shall be supcrior to the interest on such parcel or property of any owner, lessee, tenant,
mortgagee, or other person except thc lien of county taxes, and shall be coequal with county taxes
enforced in thc same manner as a court judgment by the sheriffs of this state, including levy
against personal property, but shall not bc decmcd to be a court judgment except for enforcement
purposes. After three months trom the filing of any such lien which remains unpaid, the
enforcement board may authorize the county attorney to foreclose on the lien or forward the lien
to a collection agency. No lien created pursuant to this Section may be foreclosed on real property
that is a homestead under Article X, Section 4 of the Florida Constitution.
(6) No lien provided undcr this division shall continue for a pcriod longer than 20 years after the
certified copy of an Order imposing a line has been recordcd, unless within that time an action to
foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the
lien effected by the commcncement of the action shall not be good against creditors or subsequent
purchasers for valuable consideration without notice, unlcss a notice of lis pendens is recorded.
Section 6. Costs for nuisance abatement cases.
In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and
issues an order, the Nuisance Abatement Board shall assess against the owner of the place or
premises the costs which the county, its attorncy and/or the sherit1's ofIice have incurred in the
preparation, investigation and presentation of the case. These costs shall be due and payable 20
days after the written order of the Nuisance Abatement Board has been filed in the public records.
A certified copy of an Ordcr imposing costs may be recordcd in the official records and thereafter
shall constitute a lien against thc land on which the violation exists or, ifthc Violator does not own
the land, upon any other real or pcrsonal property owned by the Violator. Upon petition to the
circuit court, said order/lien may bc cnforced in the same manner as a court judgment except for
enforcement purposes. After one year from thc tiling of any such lien, which remains unpaid,
Collier County may foreclose or otherwise execute on the lien with recovcry of all costs, including
reasonable attorney fees, associated with thc recording of the order and foreclosure. Interest shall
accruc on thc unpaid costs at the legal rate of intercst set forth in 9 55.03, Florida Statutes, as said
statute may be amended, replaced, or superseded from time to time. No lien created pursuant to
thc provisions of this Section may be foreclosed on rcal property that is a homestead under Article
X, Section Four of the Florida Constitution.
Section 7. Rehearing of Enforcement Board or Special Magistrate action.
(1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may
request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of
Enforcement Board decisions, said requests shall be Iiled with the Secretary to the Enforcement
Board, and in the case of Special Magistrate decisions, with the Secretary to the Special
Magistrate, within ten days of the date of receipt of the written Order of the Enforcement Board or
Special Magistrate, but in no event more than 20 days from the date of mailing of the written
order. A request for rehearing shall be based only on the ground that the decision was contrary to
the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the
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decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall
specify the precise reasons therefore.
(2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a
determination whether to rehear the matter and its decision shall be made at a public meeting,
reduced to writing, and mailed to the interested parties within ten days after the date the decision
is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it
may either:
(a) Schedule a hearing where the parties will be given the opportunity of presenting evidence or
argument limited by the Enforcement Board and Special Magistrate to the specitic reasons for
which the rehearing was granted; or
(b) Modify or reverse thc prior order, without receiving further evidence, provided that any
modification is based on a tinding that the prior decision of the Enforcement Board or Special
Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special
Magistrate has been informed was an erroneous ruling.
(3) The Order of the Enforcemcnt Board or Special Magistrate shall be stayed and the time for
taking an appeal, pursuant to Section 8 below, shall not commence to run until a request for
rehearing has been denied or otherwisc disposed of and the written decision has been received by
the interested parties; provided, however, that in no event shall the Order be stayed for a period
longer than 20 days trom the datc of mailing of the rehearing decision.
Section 8. Appeals.
(1) With the exccption of violations of Ordinance No. 72-8; Ordinance No. 74-9, as amended;
Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codiIied in Chapter
14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission,
may challenge a final administrative order of an Enforcement Board or Special Magistrate to the
Collier County Circuit Court. Such challenge shall not bc a hcaring de novo but shall be limited to
appellate review of the record created before the Enforcemcnt Board or Special Magistrate. Any
appeal shall be tiled within 30 days of the execution of the Order to be appealcd.
(2) For violations of Ordinance No. 72-8: Ordinance No. 74-9, as amended; Ordinance No. 76-13;
and Ordinance No. 93-56, as amended, as collectively codified in Chapter 14 of the County Code
of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn
the Order by making application to thc County Court for a trial de novo on the merits within 30
days of the execution of the Order to be appealed. These requirements for appeal are
jurisdictional.
(3) In the event that a party to thc proceedings before an Enforcement Board or Special
Magistrate should elect to appeal, a verbatim record of the procecdings may bc required or may be
desirable. It shall be the sole responsibility of the allcged Violator to ensure that a record is made
which includes the testimony upon which an appeal may be taken. Collier County, an
Enforcement Board, and thc Special Magistrate shall not have responsibility to provide a verbatim
transcript of the proceedings.
Section 9. Notices.
(1) All notices required by this Ordinance shall be provided to the alleged Violator by:
(a) Certitied mail, return receipt requested, provided if such notice is sent to the owner of the
property in question at the address listed in the tax collector's otlices for tax notices, and at any
other address provided to the local government by such owner and is returncd as unclaimed or
refused, notice may be provided by posting as dcscribed below, and by first class mail dirccted to
Page] 2 of ] 8
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i"
"
the addresses furnished to the local government with a properly executed proof of mailing or
aflidavit confirming the first class mailing;
(b) Hand-delivery by the shcrifT or other law enforcemcnt officer, Code Enforcement Oflicer, or
other person designated by the Commission;
(c) Leaving the notice at the Violator's usual placc of residence with any person residing therein
who is above 15 years of age and informing such person of the contents of the notice; or
(d) In the case of commercial premises. lcaving the notice with the manager or other person in
charge.
(2) In addition to providing notice as set forth in subsection (I) above, at the option of the
Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as
follows:
(a) Such notice shall be published once during each week for four consecutive wecks (four
publications being sufficient) in a newspaper of general circulation in Collier County. The
newspaper shall meet such requiremcnts as are prescribed under Chapter 50, Florida Statutes, for
legal and ofIicial advertisements.
(b) Proof of publication shall be made as provided in 99 50.041 and 50.051, Florida Statutes.
(3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted
at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the
notice, in at least two locations, one of which shall be thc property upon which the violation is
alleged to exist and the other of which shall bc at or near the front door of the Collier County
Courthousc.
(4) Proof of posting shall be by affidavit of the person posting the notice, which aflidavit shall
include a copy of thc notice posted and the date and places of posting.
(5) Notice by publication or posting may run concurrently with, or may follow, an attempt or
attempts to providc noticc by hand delivery or by mail as required under subsection (I) of this
Section.
(6) Evidcnce that an attempt has been made to hand deliver or mail notice as provided in
subsection (1) of this Section, together with proof of publication or posting, shall be sufficient to
show that the notice requirements of this Section have been met, without regard to whether or not
the Violator actually received such notice.
(7) Proper notice may bc assumcd when a notice of violation and/or hearing has been mailed to,
and accepted by, the Violator or his or hcr agent or other person in the household or business, or
where a Code Enforcement Otlicer, under oath testifies that he/she did hand-deliver the notice to
the Violator.
ARTICLE V. Code Enforcement Citation Regulations
Section 1. Purpose and Authority.
It is the intent of this Article to promotc, protcct, and improve the health, safety, and welfare of the
citizens of Collier County by providing a supplemcntal means of enforcing County ordinances by
crcating an option for the issuance of civil citations for adjudication of ordinances in Collier
County Court and before the Code Enforcement Board, Nuisancc Abatcment Board, or Special
Magistrate. The authority for this Article is Chapters 125 and 162, Florida Statutes, Part II.
Section 2. Designation of certain county employees as code enforcement officers and
authorization to issue citations and notices to appear.
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(1) Subject to the successful completion of required training, the following county employees or
agents are hereby designated as code enforcement officers with authorization to issue citations and
notices to appear as an additional and supplemental means of obtaining compliance with county
codes and ordinances: law enforccment officers; code enforcement director; code enforcement
supervisors; code enforcement investigators; and code enforcement compliance investigator for
revenue services.
(2) Designation as a code enforcement ofIicer with authorization to issuc citations and notices to
appear does not provide thc designated code enforcement officer with the power of arrest or
subject the code enforcement officer to thc provisions of 99943.085-943.255, Florida Statutes.
Section 3. Training of designated code enforcement officers to issue citations and notices to
appear.
The training of designated code enforcement officers for issuing citations/notices to appear shall
be implemented by the Collier County Code Enforcement and Human Resources Departments,
which shall maintain in their respective department files a writtcn proccdure as to the necessary
training requirements. Topics in the training shall include, but are not limited to, the following:
(1) The citation and no/ice to appear.
a. Applicable laws and enabling legislation.
b. Purpose of citation and notice to appear proccdurcs.
c. Powers and limitations of citation and notice to appear procedures.
(2) Re,\ponsibilities of/he code officer.
a. Enforcement policies.
1. When to use citation and notice to appear power.
2. Warnings.
(3) Issuing citation and notice /0 appear,
a. Form of citation and notice to appear.
b. Applicable laws.
c. Warning notice required.
d. Court data.
e. Practicc writing citations and notices to appear.
(4) Signature of'code Viola/or and/or refusal /0 sign
a. What to do to obtain signature.
b. Procedure for refusal to sign.
c. How to obtain sheriffs assistance.
d. Emergency contact procedures.
(5) Public con/act.
a. How to handle difficult situations.
b. Angry people.
(6) Sworn statements,
(7) Keepingjlles.
a. Documentation and building a case.
b. What to do with Iiles for court action.
(8) Court room procedures,
a. Appearance.
b. Demeanor.
C. Tcstimony.
d. Judges.
Page 14 of 18
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Section 4. Powers and duties of designated Code Enforcement Officers.
(1) It shall be the duty of those pcrsons designated in this Article, who have successfully
completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when,
based upon personal investigation, the Code Enforcement Officer has reasonablc cause to bclieve
that the person(s) has (have) committed a civil inti-action in violation of any duly enacted county
codes or ordinances.
(2) As may otherwise be permitted by law, all Collier County codes and ordinances may be
enforced by the procedures set forth in this Article.
Section 5. Civil infraction.
A violation of any codes or ordinance for which a citation/notice to appear is issued, under the
authority provided herein, is a civil infraction subject to the enforcemcnt procedures set forth in
this article and any other applicable enforcement procedure sct forth in any other county code or
ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to
exceed $500.00. A civil pcnalty of less than the maximum civil penalty may apply if the person
who has committed the civil infraction does not contest the citation. Each violation of a code or
ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the
time period for correction stated in the written warning notice, citation or notice to appear, shall be
deemed to constitute a separatc civil inlraction.
Section 6. Citation and notice to appcar procedures.
(I) Prior to issuing a citation or a notice to appear, a Code Enforcement Officcr shall provide
written notice to the person that thc person has committed a violation of a code or ordinance and
shall establish a reasonable time period within which the person must correct the violation. Such
time period shall be no more than 30 days if a citation is issued. Such time period shall be no
fewer than fivc days and no more than 30 days if a notice to appear is issued. It~ upon personal
investigation, a Codc Enforcement OfIicer tinds that the person has not corrected the violation
within the time period, a Code Enforccment OfIicer may issuc a citation or a notice to appear to
the person who has committed the violation. A Code Enforcement Officcr does not have to
provide the person with a reasonable timc pcriod to correct the violation prior to issuing a citation
or notice to appear, and may immediately issuc a citation or notice to appear if a repeat violation is
found or if the Code Enforcement Officcr has reason to bclieve that the violation presents a
serious threat to the public health, safcty or welfare, or if the violation is irreparable or
irreversible.
(2) Written warning notices, if applicable, and citations and notices to appear shall be provided to
the Violator by certified mail, return receipt requested, or by hand-delivery by the Code
Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning
notice or citation or noticc to appear to a business may be accomplished by leaving a copy at the
business, during regular business hours, with any employee and informing the employee of the
contents or by certi lied mail, return receipt rcqucsted. Each cmployee of the business shall be
deemed to be an agent of the business for scrvice of warning notices, citations, and notices to
appear; said warning noticcs, citations, and notices to appear may also be served on the registered
agcnt for the business.
(3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer
shall deposit the original citation or notice to appear and two copies of the citation or noticc to
appear with the county court.
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(4) Upon issuance of a citation or notice to appear, the following options apply:
(a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as
set out hercin within 30 days from issuance of thc citation or notice to appear; or
(b) The person cited may contest the citation or notice to appear in county court. In such cases
where a person wishes to contcst the citation or notice to appear, the person must request, in
writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to
appear.
(5) A person who fails to pay the civil penalty within the cstablished period of time, fails to
request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed
to have waived his or her right to contest the citation or notice to appear and, in such case,
judgmcnt shall be entered against the person for the amount of the maximum civil penalty
$500.00.
(6) In the event a civil judgment is entered against a person pursuant to the provisions of this
article, thc county may record a certified copy of said judgment in the official records of the
county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk
of courts shall notify the Collier County Code Enforcement Department when the judgment has
been paid. Upon receipt of written veriIication of payment Jrom the clerk of courts, the Director of
the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a
satisfaction of judgment in the Otlicial Records of Collier County.
(7) The provisions of this Articlc arc an additional and supplemental means of enforcing county
codes and ordinances and may be used for thc enforccment of all applicable county codes or
ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county
from enforcing its codes and ordinances by any other civil, administrative and/or criminal means.
(8) The provisions of this Section shall not apply to enforccmcnt, pursuant to 99 553.79 and
553.80, Florida Statutes, ofthc Building Codes adopted pursuant to !l 553.73, Florida Statutes, as
they apply to construction; provided that a building pcrmit is eithcr not required, or has been
issued by the county or a municipality. For the purpose of this subsection, "building codes" means
only those codes adopted pursuant to !l 553.73, Florida Statutes.
Section 7. Form of citations and notices to appear.
The citation and notice to appear forms to be issued by the Code Enforcement Officers designated
herein shall be in a form prescribed by the county and shall contain:
(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The numbcr or section ofthc code or ordinance violated.
(6) The namc and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contcst the
citation or notice to appear in county court.
(8) The applicable potential civil penalty if the person elects to contest the citation or notice to
appear.
(9) The applicable civil penalty if the person elects not to contest the citation or notice to appear.
(10) A conspicuous statement that, if the person fails to pay the civil penalty within the timc
allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the
citation or notice to appear, such person shall be deemed to have waived the right to contest the
Page 16 of 18
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citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts
against the person for the amount of the maximum civil penalty 01'$500.00.
Section 8. Establishing a schedule of violations, options and penalties, regarding citations
and notices to appear.
(1) The Commission hereby establishes a schedulc of violations and penalties to be assessed by
Code Enforcement OfIicers for those codes and ordinances cnforced pursuant to this Article.
(2) Schedule of violations and penalties: Except as otherwise provided bv law, Ffor uncontested
violations cited under this Article, the following schedule of civil penalties is imposed for the
corresponding oITense; first offensc $105.00, second offense $255.00, and third or more offense
$405.00.
(3) The following options are available to a person who has been issued a citation or notice to
appear in accordance with this Article:
(a) If a person elects not to contest a citation or notice to appear, the person may pay the
appropriatc civil penalty, as set forth above in this article. within 30 days from issuance of the
citation or notice to appear to thc clcrk of the circuit court.
(b) Ifa person elects to contcst a citation or noticc to appear in county court and, after trial before
the county court, is adjudicated to have committed a violation, a civil penalty not to exceed
$500.00 shall be imposed by the county court. The county judge may also order the Violator to
correct the violation within a time certain and as may be specified. Court costs, legislative
assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county
court.
(4) Ifa person fails to pay the civil penalty specified by the schedulc of penalties within the time
allowed, or fails to request a hearing or fails to appear in county court to contest the citation or
notice to appear, the Violator shall be deemed to have waived the right to contest the citation or
notice to appear and judgment shall be entered against the person in an amount up to the
maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty sct
forth in the schedule for uncontested violations.
(5) Any person who willfully refuses to sign and accept a citation issued by a designated Code
Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as
provided in ~ 775.082 or ~ 775.083, Florida Statutes.
(6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may
otherwise be awarded by the county court, pursuant to this ordinance will be distributed as
follows:
(a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and;
(b) All other monies paid by, and collcctcd from, violations will be remitted to the Collier
County Code Enforcement Department.
ARTICLE VI. Affirmative Defense
Section 1. Affirmative defenses to alleged code violations.
It shall be a complete defense to any Enforcement Board or Special Magistrate action
founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws
and Ordinances, if said permit was required to be obtained prior to April I, 1997, and the person
charged with such allegcd failure demonstrates by a preponderance of the evidence that the work
Page 17 of 18
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which was alleged to have bcen completed without a permit bcing duly issued meets all codes and
requirements in effect at the time the permit was required.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County, the more
restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application
thereot~ shall be held invalid or unconstitutional by any court, administrative agency or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauscs or phrases and
their application shall not be affected thereby.
SECTION FOUR: Inclusion in the code of laws and ordinances.
The provisions of this Ordinancc shall become and be made a part of the Codc of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION FIVE:
Effective Date.
This Ordinance shall become effective upon filing with thc Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 24' ,day of _7"),,, j c1 , '} ,2010.
,
A TTESr, ",,1(' fi,
DwilWt'B. BrQik;:~rk
~~~~
Att&S~;I~.:.tG\~',:,~,.oeputy Clerk
~ 10llat~i"tt4lA,)I11~;;.)'
A pproved 'as to form
and I sufficifncy:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
'-~
W '~
By: . C
FRED COYLE, Chairm 11
right
nt County Attorney
Page 18 of ] 8
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and far the
Twentieth Judicial Circuit, Callier Caunty, Flarida, do.
hereby certify that the faregaing is a true and carrect
capy of:
ORDINANCE 2010-04
Which was adapted by the Baard af Caunty Cammissianers
on the 26th day af January, 2010, during Regular Sessian.
WITNESS my hand and the afficial seal of the Baard af
Caunty Cammissianers af Callier Caunty, Flarida, this 28th
day of January, 2010.
DWIGHT E. BROCK _ ; :1, . /<
Clerk of Caurt;s,ahdClerk
Ex-afficia to.. Board af
,
Caunty CammissiQners
~. . ;. -;' .
~YjA)j>d_P;(;{~ \C_~
By: Teresa Palaski,
Deputy Clerk