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Agenda 04/14/2009 Item #16A12 EXECUTIVE SUMMARY Agenda Item No. 16A 12 April 14, 2009 Page 1 of 13 Recommendation that the Board of County Commissioners endorse changes to the Code Enforcement Board's Rules and Regulations OBJECTIVE: To obtain the Board of County Commissioner's (BCC) endorsement of the revised Code Enforcement Board Rules and Regulations as requested from the BCC at the February I ]th, 2008 BCC meeting. CONSIDERATIONS: The Collier County Code Enforcement Board was established in 1992 as an alternate means of enforcing violations to local codes and ordinances. The Collier County Code Enforcement Board has established a set of Rules and Re!!ulations and has conducted its annual review of these Rules on February 26th, 2009 in a joh,t workshop with the Special Magistrate. After reviewing the current rules and regulations, the Code Enforcement Board directed staff to revise the rules to allow the board flexibility in their rulings. No changes have been made to the current Special Magistrate's Rules and Regulations. A few minor changes have been made to the current Code Enforcement Board Rules and Regulations. A cross through and underlined version of the Code Enforcement Board's rules are attached to this executive summary for the Board's comparison. FISCAL IMPACT: None. LEGAL CONSIDERATIONS: This item is to brief the Board of County Commissioner's of the changes made to the Code Enforcement Board's Rules and Regulations. This matter has been reviewed by the County Attorney's Office and is legally sufficient for Board action. The item is not quasi-judicial so no ex parte disclosure is required. Also, a simple majority vote is necessary for passage of this item. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners endorse the changes proposed to the Code Enforcement Board Rules and Regulation, which has been executed by each Code Board member via signature. PREPARED BY: Jen Waldron, Enforcement Supervisor ATTACHMENTS: Copy of the Code Enforcement Boards Rules and Regulations with new changes. - Item Number: Item Summary: Meeting Date: Page J of 1 Agenda Item No. 16A 12 April 14. 2009 Page 2 of 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recommendation that the Board of County Commissioners endorse recommended amendments to the Code Enforcement Boards Rules and Regulations. 4114/200990000 AM Prepared By Marlene Serrano COES Investigative Supervisor Date Code Enforcement 3131/20098;59;16 AM A pproved By Jeff Klatzkow County Attorney County Attorney Date County Attorney Office 3131/20091;26 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date Approved By 3131120092:20 PM Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3131/20095;19 PM A pproved By Diane B. Flagg Community Development & Environmental Services Code Enforcement Director Date Approved By Code Enforcement 4/1/2009 10; 24 AM Jeff Wright County Attorney Assistant County Attorney Date County Attorney Office 41212009 11 ;49 AM Approved By OMB Coordinator County Manager's Office OMS Coordinator Date Office of Management & Budget 413120098;34 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 4/312009 3:42 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/7120099;34 AM Agenda Item No. 16A12 April 14, 2009 Page 3 of 13 COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section I. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section I. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Agenda Item No. 16A 12 April 14, 2009 Page 4 of 13 Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (I) year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board, in the Collier County Commission Chambers. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance ofthe meeting. At any meeting, the Board may set a future meeting date. Section 5. Attendance. a. a meeting. b. If a member misses two (2) successive board meetings without a satisfactory excuse, he/she may forfeit hislher appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Members shall notify the Chair or Secretary to the Board ifthey cannot attend Section 6. Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority ofthose present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three ofthose members present shall be sufficient to take Board action. Section 7. Voting. 2 Agenda Item No. 16A 12 April 14, 2009 Page 5 of 13 a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 8. to the public. Records. All records of regular and special meetings or hearings shall be open Section 9. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Section 10. The Code Enforcement Board shall be govemed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business t. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing D. Motionfor Imposition of Fines/Liens E. Motion for Reduction/Abatement of Fines/Liens 5. Old Business A. M9ti9R for IIRfl9siti9R 9f FiRes/LieRs B. M9ti9R f9r Redueti9R/,'.batelReRt 9f FiRes/LieRs 6. New Business 7. Consent Agenda A. Motion for Imposition of Fines/Liens 3 Agenda Item No. 16A 12 April 14, 2009 Page 6 of 13 B. Request to Forward Cases to County Attorney's Office 8. Reports 9. Comments ] O. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator 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 establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (10) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor ofthe Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s) to the Secretary of the Board for distribution to the Board Members at least fifteen (15) business days prior to the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of 4 Agenda Item No. 16A12 April 14, 2009 Page 7 of 13 Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section I. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged (0 have a prehearing conference one (I) hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings 5 Agenda Item No. 16A12 April 14, 2009 Page 8 of 13 Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision ofthe county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will may be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement ofthe violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence ofthe Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name, mailing address and physical residence. e. rfthe Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent should submit a notarized letter to the Chair of the Board granting that individual permission to represent him/her at the hearing. f Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she shall notify the Board Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion ofthe Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present hislher case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. I. The right of the parties to present rebuttal evidence is discretionary with the Board. 6 Agenda Item No. 16A 12 April 14, 2009 Page g of 13 m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and detennine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred, it shall then deliberate and detennine what corrective action and potential fines shall be appropriate. Ifthe Board does not find that a violation has occurred, the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, ifany, the Board shall consider the following factors: (1) the gravity ofthe violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day' the violation continues past the specified compliance date. ]n addition, the Respondent/violator fItIlY shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten (10) days. p. In the event the violation is a violation described in Section I 62.06(4), Fla. Stat., the Board shall notify the County Manager, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs ofrepairs along with the fine and any operational or prosecutorial costs. q, A party may motion a rehearing of the Board's Order, 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 decision ofthe Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the paIiy, but in no event more than twenty (20) days from the date of mailing of the Order. The Order ofthe Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter aI1d its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. 7 Agenda Item No. 16A 12 April 14, 2009 Page 10 of 13 s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days ofthe execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section I. A Motion for Reduction or Abatement of Fines-sllall may be in the form ofa written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners ofthe property which is the subject of the violation; ( c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; ([n the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/ Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abate, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (IS) copies of the Motion for Reduction! Abatement of Fines, attaching all supporting documentation. A Motion for Reduction! Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon proper filing of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction! Abatement of Fines, the Board may consider the following factors; (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4 The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. 8 Agenda Item No. 16A 12 April 14, 2009 Page 11 of 13 Section 5. If a reduction is granted; the reduced fine must be paid within (30) days unless otherwise specified in the order; or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time, the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Board will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real propeliy or personal property ov.'l1ed by the violator. Any aggrieved party may appeal a final order to the Circuit Court within (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI I moosition of Fines Section I. After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon Motion for Imposition of Fines being filed by the County, the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance, the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for Abatement/Reduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circw11Stances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In 9 Agenda Item No. 16A12 April 14, 2009 Page 12 of 13 determining the amount ofthe fines, if any, the Board shall consider the following factors; (I) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/vio]ator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the vio]ation(s) has/have not been abated at the time ofthe hearing on the Motion for Imposition of Fines, the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order oflmposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order nay be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid, the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy ofan Order oflmposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. ]n an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. ARTICLE XII Miscellaneous Section I. These Rules and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote ofa majority of the full Board, including alternates, provided notice ofa proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator 10 Agenda Item No. 16A 12 April 14, 2009 Page 13 of 13 or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption ofthese Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULA nONS, As Amended, ARE HEREBY APPROVED this day of ,2009. COLLIER COUNTY CODE ENFORCEMENT BOARD Gerald Lefebvre, Chair Robert Kaufman, Alternate Kenneth Kelly, Vice-Chair James Lavinski, Alternate Larry Dean Vacant Seat Edward Larsen Vacant Seat Lionel L'Esperance 11