Agenda 06/10/2008 Item #10F
Agenda Item No. 10F
June 10, 2008
Page 1 of 89
EXECUTIVE SUMMARY
Provide results of the Rental Registration Investigation and to receive guidance for the
collection of the 2005, 2006 and 2007 registration renewal late fees
OBJECTIVE:
That the Board of County Commissioners (Board) accept the Sheriffs Office Investigation
report and give guidance to the County Manager or his designee for the collection of the 2005,
2006 and 2007 Rental Registration renewal process late fees.
CONSIDERATIONS:
/"'""
During the regular meeting of the Board of County Commissioners on October 9 2007, under
Item 10K, County Manager's Report, titled: Obtain Board of County Commissioner
authorization to modifY the late fees assessed to the Public for Rental Registration, staff
informed the Board of the problems with applying and assessing late fees related to the Rental
Registration Program and requested authorization to apply late fees assessed to the public for
Rental Registration renewals at $10 per day, per property or 4 times the annual renewal fee,
whichever is less. In summation, the existing fee schedule failed to clearly define the application
of the $] 0 per day as a charge per unit or per property regardless of the number of units. During
that meeting the County Manager expressed concern with the administration of the Rental
Registration Program by Code Enforcement personnel and advised the Board that he had
initiated an investigation and in doing so directed an internal investigation to review the records
and report back findings on the administration and collection of the renewal fees. The County
Manager recommended that the Board not retroactively ratify the late fees as proposed until
further information was collected and reported. The County Manager also advised the Board
that he was in the process of officially notifying to the State Attorney's Office to request an
investigation of the collection methods to detemline if it involved any criminal offenses.
As part of the internal investigation initiated by the County Manager all records in possession by
Code Enforcement related to the Rental Registration program were confiscated and sequestered
and in order to prevent any violation of evidence chain of custody, access for Code Enforcement
personnel to the Rental Registration files was and remain prohibited. In the interim, an
independent rental registration management and tracking system was established for the intake of
registration until the Departmental business management operations were transferred to the
CityView computer software business management system (the newly purchased computer
software business management system currently being implemented throughout the division to
manage all aspects of the permitting and land use business processes and that has now replaced
the Rental Registration Program software created by IT in the late '90's). Additional validation
measures were established with persoilllel in the CDES Business Management & Budget Office
to review every transaction made for the Rental Registration Program.
,~
The attached legal opinion dated October 9, 2007, from Assistant County Attorney Jennifer
Belpedio noted that:
Agenda Item NO.1 OF
June 10, 2008
Page 2 of 89
Late fees are calculated on a per day basis. The Ordinance and Resolution are silent as
to whether the dai~y penalties accrue on a daily basis per unit or per property. However,
since the applications are required for each rental unit (not per property), we may
logically infer that the penalty for the failure to file an annual rental registration for each
rental unit would accrue on a daily basis per unit. It fiJllows that had the Board of
County Commissioners intended to accrue penalties on a daily basis per property, it
would have been expressly stated in the Ordinance or Resolution.
During the October 9, 2007 BCC meeting, the Board subsequently disagreed with that
application after hearing public testimony from a representative of the rental management
industry noting that the fee charged at that rate would result in exorbitant late fees. For example,
a 50 unit complex late for I year or 365 days under this interpretation would have to pay a $20
re-registration fee per unit or $1,000 and $182,500 in late fees. The Board, following staffs
recommendation, directed the County Attorney to amend the fee resolution noting specifically
that the late fee was to be assessed on a per property and not a per unit basis and that the
maximum charge assessed for late registration was to be capped at $80.00.
At the conclusion of the item, the Board by a vote of 4-0 (Commissioner Coyle absent) directed
the County Attorney to work with staff to amend the fee resolution to clarify the application and
assessment of the late fee. On October 23, 2007, under Agenda Item 10M, the Board approved
an amendment to Resolution No. 2007-160 under Resolution 2007-309, the Collier County
Community Development and Environmental Services Fee Schedule, in order to amend
Paragraph "00" of the resolution related to fees for registration ofrental units. That section now
reads (underline indicates change):
00) REGISTRATION OF RENTAL DWELLINGS
1) Thefeefor registration of rental dwellings is asfiJllows:
a. Initial Registration Fee - $30.00 Der TJ/'ODerly
b. Annual Renewal - $20.00 Der Drrmerly
c. A nnual Late Fee $10.00 per day Der DroDerly UD to a maximum of $80.
d. The term "DroDertv" means a Darcel with any number of "rental units"
located thereupon.
e. A "rental unit" is any dwellinf! that is not owner occupied. but. occuDied
hv someone other than the owner for any portion of a calendar year.
2) Rental Inspection
a. Rental Inspection - $ 200.00 per unit
b. Re-inspection Fee - $ 50.00 per re-inspection per unit
c. Rental inspections shall not be required (hr rental units covered bv a
Florida Department of Business and Professional Ref!ulation ("DBPR ")
license. A c(mv of the DBPR insDection rC/Jort shall he provided with the
initial rental ref!istration and all suhsequent rental
The Board directed that the amended Fee Schedule be applied to the Rental Registration Program
for the 2008 renewal period only and deferred the decision on the collection of renewal late fees
for the renewal period of 2006 and 2007 until conclusion of the Rental Registration Program
investigation. During the meeting the County Manager advised the Board that the investigation
had been forwarded to the State Attorney's Office and the State Attorney's Office subsequently
Agenda Item No. 10F
June 10, 2008
Page 3 of 89
to the Sheriff s Office to investigate whether any cnmes where committed related to the
collection and enforcement of rental registration fees.
The County Manager's Office received the attached report from the Sheriff's Economic Crime
Unit which concluded there was no criminal intent and the investigation would be closed. In the
initial report to the Board, the County Manager mentioned that there is an estimated uncollected
late fees in excess of $1,000,000 dollars. However, that figure has been revised significantly
based on the Board's approval of how the late fees should be applied.
The remaining issue now is how to apply the late fee assessment to the uncollected late fees for
2005, 2006 and 2007. Several applicants have come in to pay their delinquent registration fees
for prior years but have not paid any late fees based on the direction given by the Board at the
October 23, 2007 meeting, not to collect any late fees until the conclusion of the investigation
and until a conclusive decision is made on how to correctly apply the late fee assessment.
Considering that the Board now agrees that the late fee were never intended to apply to each unit
and that the Board at the October 23, 2007 BCC meeting, approved Resolution 2007-309 to
amend the fee schedule, that is all past late fees regardless of the year ofregistration, assess the
fee retroactively to all delinquent accounts at $10 per day per property up to a maximum of $80.
Additionally, staffrecommends that the Board accept the findings of the Sherriffs Office and in
doing so recognize that no malice or ill intent by staff in relation to the management and
enforcement of the Rental Registration Program and with that tlle Board direct the County
Manager or his designee to hire an independent certified public accountant to perfornl a full
accounting of the Rental Registration Program and to certify all the cash management activities
related to the implementation and management of this program conform to acceptable accounting
practices.
FISCAL IMPACT:
The fiscal impact is undetermined until a full accounting of the program can be performed.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed for legal sut1iciency and there are
no outstanding legal considerations. -JW
RECOMMENDATION:
That the Board direct staff to apply the current late fee method ($10 per day per property up to a
maximum of $80) retroactively to all delinquent accounts for 2005, 2006 and 2007 and direct
staff to notify the public of the $80 late fee per year providing 30 days for payment.
PREPARED BY:
Joseph K. Schmitt, Administrator, CDES and
Michelle Edwards Arnold, Director, Code Enforcement Department
",,".".
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10F
Page I of J
Agenda Item NO.1 OF
June 10, 2008
Page 4 of 89
Provide results of the Rental Registration Investigation and to receive guidance for the
collection of the 2005, 2006 and 2007 registration renewal late fees (Michelle Arnold,
Director, Code Enforcement, CDES)
6/10120089.0000 AM
Prepared By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Approved By
Judy Puig
Community Development &
Environmental Services
Code Enforcement
6/3/20084:33;36 PM
Approved By
Joseph K. Schmitt
('
Community Development &
Environmental Services
Approved By
John A. Y onkosky
County Manager's Office
Operations Analyst
Community Development &
Environmental Services Admin.
Date
6/4/20083:41 PM
Approved By
James V. Mudd
Board of County
Commissioners
Community Development &
Environmental Services Adminstrator
Date
r--
,
Community Development &
Environmental Services Admin.
6/4/20084:13 PM
file://C:\AgendaTest\Export\ I 09-June%20 I 0,%202008\1 0.%20COUNTY%20MANAGER%... 6/4/2008
Director of the Office of Management
Date
Office of Management & Budget
6/4/20085:14 PM
County Manager
Date
County Manager's Office
6/4/20085:54 PM
Agenda Item NO.1 OF
Junet'18
Agenda It~ "- 9
Octotie'f ,-Z
Page 1 of 7
EXECUTIVE SUMMARY
That the Board of County Commissioners of Collier County, Florida, Adopt a Resolution
Amending Resolution No. 2007-160, Known as the Collier County Community
Development and Environmental Services Fee Schedule, by Amending Paragraph "00"
of Resolution No. 2007-160 Pertaining to Fees For Registration Of Rental Dwellings.
OBJECTIVE: That the Board of County Commissioners ("Board") adopt a Resolution
amending Resolution No. 2007-160, in order to amend Paragraph "00" of Resolution
No. 2007-160 pertaining to fees for registration of rental dwellings.
CONSIDERATIONS: At the regular publicly noticed meeting of the Board on October
9, 2007, the Board considered Agenda Item 10 K pertaining to rental registration fees.
Executive Summary and Memorandum, dated April 9, 2007, attached hereto.
On the floor the County Manager modified the recommendation to the Board to direct
staff to analyze and consider the impact of collections by Code Enforcement staff and not
to retroactively ratify the prior collections methods until further information is collected
and reported.
Four members of the public addressed the Board. Each member of the public either
represented an apartment complex' or an organization that represents apartment
complexes. All expressed concerns that properties registered with the Florida
Department of Business and Professional Regulations (DBPR) are: I) being charged a
renewal fee on a per rental unit basis and 2) already inspected by the DBPR. Daily late
fees were not considered a concern by the public speakers.
..
...
It appears that the Board directed that Resolution No. 2007-160 and Ordinance No. 2004-
58 be amended to only require one registration fee per "property" and one annual renewal
fee for DBPR registered "apartments" because these apartments were subject to DBPR
inspections already.
Recognizing that the Board might not have intended to treat DBPR registered rental units
different for registration purposes, the proposed resolution requires that the initial and
annual renewal fee be charged by property irrespective of whether the property is DBPR
regulated. This would make the administration easier for Code Enforcement staff and is
supported by law.
Additionally, the Resolution does not require mandatory inspections for rental units
covered by a DBPR license. This appears to have been the Board's intent, although not
expressly stated by the Board. Rental units not covered by a DBPR license may be
subject to inspections as provided for in Ordinance No. 2004-58. These units are still
subject to inspection should a complaint be filed with Code Enforcement staff or
otherwise observed by Code Enforcement staff.
"
".
Agenda Item No. 10F
Agenda Aune.1Al.: ~~
Octo~~\3!i9
Page2 of?
At a future regular publicly noticed meeting of the Board, an Ordinance will need to be
considered by the Board to harmonize with the proposed Resolution. In the alternative,
the Board may consider continuing its consideration of the proposed revisions to the
rental registration fees until the next regular meeting of the Board where the Board will
be requested to consider an advertised ordinance.
LEGAL CONSIDERATIONS: County Attorney Office has reviewed and approved the
Resolution associated with this item Cor form and legal sufficiency.
FISCAL IMPACT: This Executive Summary requires no budget changes and/or
reallocation of fimds. The administration of this program is budgeted under Fund 111
activities at $237,633.00 in the FY08 budget and forecasted revenues for this program are
projected to exceed the budgeted expenses for the rental registration program.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
lISSOCiated with this Executive Summary
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida, Adopt a Resolution Amending Resolution No. 2007-160, Known as the Collier
County Community Development and Environmental Services Fee Schedule, by
Amending Paragraph "00" of Resolution No. 2007-160 Pertaining to Fees For
Registration Of Rental Dwellings.
SUBMITTED BY: Jennifer A. Belpedio, Assistant County Attorney
I
ttemNumbet:
ttem&umrnllry:
....ttn; Date:
Page I nu'nda Item No.1 OF
AgendattemNo./l~"'" June 102008
October 23, 2007 ,
Page 3 of 7 Page 7 of 89
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
.oM
To Amend Collier County Communily Developmenl & EnYlronmental SelYtee! Fee Schedule
pertaining to Rental Registration IMnding approval of the Remal Registration On:linal1ce.
(Joseph K. Schmitt, Administrator, Community Developmenl a Environmental Services
Division)
10123J20019:00:00AM
Prep.redB)'
Joseph K. $<;:hmltt
Community Development"
EnvlronmenlllS,rvlees
Community o.".lopment I.
Environmental S.rvlees Adminstr.lor
On
Community Dev.lopment '"
Envlronmenlll Servlcel Admin
10112120(l111,~1:01A.M
"".
Apprey" By
Judy Pulg
Community D.v.lopment &
Envir"'nm.nt.IS......le..
Operations An.lyst
Community De....lopmenl I.
Enviro"ment.IS.rvl....Admln
10112J200112:28PM
Approved By
Dale
MarieneSI.wal1
Community O.....lopm.nl..
Envlronm.ntaISsrvle..
E..~ullyeS"n.l"ry
Community D.velopment '"
Envlronmenlal "eNlc", Admin.
10/12/200712:37PM
ApprevedB)'
JOHphK.Seh,nltt
Community Development"
Envlronmaflhll 8ervlcu
Commu....ty De"elopment &
Envlro...mentll Servl...s AdmllfttrelOf
Dlle
CommunUy DllYelopment &
En"lronrn.ntet Servlc" Admin.
10J121200712:47PM
o.~
Approved By
Jam<!sV.Mudd
Board of County
Commlulooe...
County Manllger
County ManaQllr'IlOfflee
10/11/20075:04 PM
filc://C:\AgendaTest\Export\91-OctoberD/.202J.%202007\ IO.%20c0UNTY%20MANAG n' 10/1712007
Agenda Item No. 10 F
Agenda tI\!IWr-J81i.. flOO8
Octotfe'i'!t3,~L~M9
Page 4 of 7
~~y
Oblal.a 8ou'd 01 Couaty C_.... ~ -aer aadaorizatiDa to IIllIdIry .... late .. _.-eo' to tile
Pablle for RIDtlII Reptratioa
('
OBJECTIVE: That tbe Boerd of CoIm1y ComInissiooalIIIlIIhorinI Code F.nforc:cmCIIt pmoOllDlll1o
modify tbe fee I usctl fur late RalllIl ~ wbieb will be included in a ...........h....olve
~ 10 tbe Fee Schedule fur Community Development and EnvironmenIa1 Service Division.
CONSIDERATION: The Code Eufor4:emcnt ~~ has been administaiDg a R.eola1
Regislralion Program since 1996 with .........m.~ 10 tbe pn'l5'aw over tbe yean. The p_aw was
put in place 10 provide a more expedient way to make COII1IICt with out of StateICounty ~upetty
owners to correc:t violations were found on tbeir property, AddItiOll8lly, the RalllIl Regislralion
program includes an inspection process to ensure units being occupied meet tbe minimum bealth and
safety rcquimnml3 of tbe Code. With tbe inception of tbe Jll'OlI&...... Code Enfolcement bas been
coordinating with tbe Tax Collector's Office wbmby an IlII1III&I report of aIllDli1s J'ellisl=d with tbe
Department is provided to the Tax Collector fur the purpose of. ing required Tourist Tax.
In 2003 the ReotaI RegistrlItlOll Fee were modified to include a penalty fur !ale ply1IICDIIl. The late fee
ISsm:d was 510 per plIR:d tqpII'lIleu oflhe IIIDOIIIIt of time lbaIlhe j~dIion was late. The Fee
ScbeduIe WlIS lIIIIeIIded in Now:mber 2004 to include a per day penalty per paroe1 fur !ale paymems.
Instead of a flat fee oUIO for late paymeats, a $10 penalty was a.~! ~d for c:acl1 day tbe Jl8YIIIllIIl
was 1atc. ImpI-oo of the cbauge became eflbctive with tbe renewa1 period in 2005.
Revenues for tbe JXI'l5'aw increased fiom $133,600 in FY 05 to $420,890 in FY 06. The program
revenues for FY 07 are ,qlO(ted at $436,045 as of Oetober 2, 2lXY1. The cbaoge in the late fees
I199cmd resulted in an increase in omnpIaints receiwd about the \lnil!'0W0 Pi"l""ty 0WDCn were
extremely upset at lhe amount of lhe peaalty , 1 cd fur the late payment in reIaIion to 1be fee i13elt
For ClXIIIUpIe the CUI'I'Cl1l fee 9ChelluIe RlqIIires coUection of a $700 de1inqueIIt fee apiDsl a $20
renew&l registration fee. The pISt 2 years have concluded lbaI the late fee adopted in 2004 resulted in
excessive penalties and sbJuld be reevalualed.
Per the atllIChed IIleIIlOIlllIdu staft'bas placed an administndive ceiling on the collection oflate fees
pending a COIIlp1'dJeosive cbauge to tbe COBS Fee Schedule.
As noted on the memorandum, staff IWp0se5 the following modification to the Fee Scbedule to allow
fur a more reasoll&ble penalty.
Qmm:
Lare Fee - S I 0.00 per day
Revised:
Lare Fee- 510.00 perdaylper ptvl""t; OR four (4) times tbe IlII1III&I renewa1 fee, wbid1everis less
GROWTH MANAGEMENT IMPACI': Tbllre is 110 growth IDlIDIIgeIIIeDt impact associ8ted
with this F.xecutive Summary.
r
Agenda Item NO.1 OF
Agenda N~eMJlci. ~~
Octotier~3, ':2t1O~
Page 5 of?
FISCAL IMPAcr: The cunmt _ fee is $10 per day. The IIpIIIOYIl oflbe I"upuaood ~ in
fee will result In a cIecre8se lD lbe moenue fur 1bIs ~...... The exact per....adllgO cIecre8se is dIffic:ult
lD cIelermIne bued on lbe c:umIIt '" .''1'''_ sySlem beiDa U8ed fur this ~......
LEGAL OONj;lI1ll7.R~TlON: This request has been ~ fur Icpl sufIicieD:y lIIIIi has 110
w-Ml..1ep1 coasidaationa.
RECOMMENDATION: That lbe Board ofComny Coaunissiooss IIIIlhorizie lbe rcduclion oflbe
IIIIlO\IIIl of_ fees Ill) ~ furlbe RalIal Replmtlon program tiom $10 per day lD $10 per day per
I"~ or 4 times lbe lIIIIIUlIIl'eIIllW1II fee wbid1cvcr is Icss lIIIIi In doiDg 10 spproved lbe cbaase lD
haw been eIfeclive IS of ApriJ II, 2W1. The IIIIlIIorlzlIli will iDc1ude diIeclIIDg BlIIIf lD 8DICIIlIlbe
RcaoIution cstabIisbiDg lbe Fee Scbcdule to Rll1ec:t lbe I"~ fee cbaDgc.
PR1r.PAlnrn BY: MicbcIle Edwards Amo1cI, DiIeclDr
Code &ti:n.....-l ~1Woa4
2
Agenda Item No. 10F
Agenda ~.o.EN~OriJ&2~
Oct~;;g?h ze1J7I
Page 6 of 7
Co~!: <;AmKty
IIIBIIIOUNDUIII
Do\.TBc
TOo
-
CCI
IIUIIJBCT.
-.9._
IIIlCllllLUl_AID>>ADIOLD,CODII~ _.iA
$OBIICIDIITl',(2)___TOa
TIlAVD 1NClDIlIU.Y, CODB IlNI'OIICIlIIII 0I'$1lIANAGBa
ItIlNI'ALJIIGIBI'IUoTlONUTB_
Bued on.:L (Oft to J....tt ~ .................nta DE dae Pee F..i ......'- util .au the bucfpt procell tbiI
__ ..1..__ tbd .... u audt . Wt 10 .. t ~ c:hm&'e me __t . .~ Cor IllIaW ]ttVtrt~ Late
P_ in the ia_ of .........lloto<7 u.... u to __ the .......liDIDc:IoIlaapoct Oft Jlli~,.... wIIo....1ate
plI)'iag _tOI ~ ........ -. I &flPlO'tl tbe foIknoioIs ........_"'-. .... .."" olq the
in1V--...w. of the ~fI"" fee ~ UDtil the Pee 8(:h........ it An__ -' oS
I'W-'-.Io
Loto Pee - $10.00 per day/per 1""1'""1
II&!oUed:
Loto Pee- S10.oo per day/per P""l>""1 0Jt faur (4) timeo the __........ &e, 'lIIlIl:bevaio....
1l:jS
(
l
RESOLUTION NO. 2007 '_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COUJER
COUNTY, FLORIDA AMENDtNG RESOLUTION NO. 2007.160, KNOWN AS THE
COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL
SERVtCES FEE SCHEDULE, BY AMENDtNG PARAGRAPH .00. PERTAtNlNG
TO FEES FOR REGISmA nON OF RENTAL DWELLINGS
Agenda Item NO.1 OF
Agenda 1~'Na1~1 e\\\O~
OctooEi/!l!a, "rJi#3
Page 7 of 7
WHER.BA.S, the Board of County Commil.iouel1l (""BoInf") at the I'CJlllar publicly ftoticod
mooting of the Boud on October 9. 2007, considered Board Agoada Item 10 K pertaining to rental
registration fees: and
WHEREAS, Com.. CoWlly Ordinonce No. 2004-S8, Seotion 7, Parqropb S, provides, in
portinoDt port, tha><IoIinqUOlll...-.! of_lBI '"lPstrations willl'OlUlt in. dally penalty.. ....blilhed by
......!ution of the Board ofComrty CommlaaionOl'S; ODd
WHEREAS. the Board finds that it is in the government aDd public interest to ameDCI ResoIutiOll
No. 2007.160 to -.. the fee for _ ofron1al rcsistrotiona; and
WHEREAS. no other fee u set forth in Resoltrtion No. 2007.160 i. being amended by this
bsolution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
Paragraph "00" pertaining to registration of rental dwellinp of Resolution No. 2007.160 it
amended as follows:
(0) REGISTRA nON OF RENTAL DWELLINGS
1) The fee for I'Cgistration of rcm:aJ. dwellings ill as follows:
L Inidal RegisUwtion Fee ~ $30.00 t:IC!lr tlnmertv
b. Aanual Ronewal- $20.00.... """""'"
c. . AomaIl Late Foe $10,00 per da, ner DIr'OtJ6rtV unto a mtrdmllm ofSSO.
d. The teml "nrnnertv'" meanJII . DIIl'CeI with any number of IlrentaJ units" 1......too.tI
I
lIlomIiIlm.
e. A '"renblJ. unit" is anv dweUiDlr: that is not owner ~"1ed. but. OCCUDied bv
lII\m_ other than the owner for anv DOnion of a calendar vear.
2)
ReolBllnapoctioo
L Reotal Inapoction . S 200.00 per unit
b. R&-inspcctiOll Fee - S 50.00 per ro-iD5peotion RJlDi1
c Rental in!pectiDllll shall not be ~:JUired for rentl.I units COVtlred bv . Florida
DeMrtmerlt of BUlme.1 and Profeuional Rl!lnd.tion r'DBPR'" license A CODY of the DBPR
~ renort llban be movided with the initi.1 rcntaI rclZiltrltion and all 5IlbleOUlmt rental
1"'I!lIlewB.llIDOliClltiODJ
PASSED AND DULY AOOPTED by the Board of County Commissionere of Comer County,
Florida this day of . 2007,
ATTEST:
DWlGIIT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
OF COlLIER COUNTY. FLORIDA
By:
JAMES COLBTI'A, CHAIRMAN
Approval.. to fODll and Iosal
Sufticicooy:
jr{\.P. ~.
Je:nni A. Belpedo
AJaistaDt County
Agenda Item No. 10F
June 10, 2008
Page 12 of 89
TiDS MEMORANDUM IS PREPARED IN AlITICIPA'170N OF, IN CONTEMPLATION OF,
AND IN PREPAJ/A'170N FOR LmOA.'170N. AND IS WORK PRODUCT OF THIS OFFICE
AND REFLECTS A MENTAL CONCLUSION. lMPRESSION.CONCLUSION. Ll1TOATION
STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM
DISCLOSURE AS A PUBUC RECORD PURSUANT TO S 119.07 (3) (1), FLORIDA STATUTES
OFFICII OF TIlE couNTY' ATrORNID'
MEMORANDUM
TO: James Delany, Division Administrator of the PubJie Utilities Division
FROM: Jennifer A. Be1pedio, Assistant County Attorney ~
DATE: October 9, 2007
r
\
REI RLS 07.PUW-00093/ Late Fe<: for Rental Regl$tration and Renewal
The folIow opinion is in response to the three (3) inquiries posed in the above-mentioned
Request for Legal Services. In preparation of this response, we solely TcvieWed
Ordinance No. 2004-58 (KOrdinance") and Resolution 2007-160 ("Resolution).
(1) The late fee is calculated per unit and not per property.
An application is required for c:ach rental v.nitl. A delinquent rcgis1ration results in II
daily penalty lIS established by resolution of the Board of County Commissioners.2
Late fees are calculated on a per day basis]. The Ordinance IlDd Resolution arc: silent as
to whether daily penalties accrue on a daily basis per unit or per property. However,
since lIpplications are required for each rental unit (not per property). we may logically
infer that the penalty for the failure to file IlD annual rental registration for eaeh rental unit
would accrue on a daily basis per unit. It follows that bad the Board of County
Commissioners intended to accrue penalties on a daily basis per property. it wollld have
been ClCpressly stated in the Ordinance or Resolution.
(2) The late fee calculation should stop on the day the renewal fee is paid.
Section 7. Paragraph 5 does not specifically mention when penalties are to cease
accruing, Since there is no maximum set forth in the Resolution, Ordinance, or both, it is
1 !cellon 4, Pu'agraph 38 of tho Ordin8J1Oe dl!filles . "tea1lI.l unJ(' .. . "clwtUlnIl unit" that Is Dot OWDOl'
oceupied. bat 9"""Pied by someone other than tltt own... for OIly portion of. calendar year. sectlon 4,
PuBgl'Iph 16 'a.tlnes . "dwelling unit" .. . 'in&\e unit within . bul1dlna providing completo lndepOllllent
living facilities for one or morc persons Including permanent provisions for living. sleeplne, eating,
cooklna an~ sanitation.
'~SectioD 7, Pmagraph 5 of the Ordinance.
, Section 00, Paragraph I, Subparajl'llph c. of the Rosohltlon.
r--
111-, EOO/lOO', I~t-L
mow+
SI"OIIY SlunoJ JI'I 10)-10', Odtl:IO ~O-80-I'O
Agenda Item NO.1 OF
June 10, 2008
Page 13 of 89
logical to conclude that accrual will occur until such time as the renewal application is
received.
(3) A daily late fee should be assessed for the failure to renew: I) a 2005 annual
rental registmtion by June 30, 2005; 2) a 2006 annual rental registration by June 30,
2006; and 3) a 2007 annual rental registration by June 30, 2007.
I am not sure whll1 is meant by 1In "effective date for lllte fees"(the October I, 2004 date
you mention in the RLS). The effective date of the Ordinance is September 28, 2004;
the aetual dll1e the Ordinance was filed with and stamped by the Secretary of State.
I would recommend against assessing a daily late fee for the failure to renew a 2004
annual rental registration by August 31, 2004, even if the 2004 annual rentel registration
was filed after the adoption date of the Ordinance or subseqUlmt resolution setting the fee.
I trust the foregoing is responsive to your request. Should you have any additional
questions, please do not hesitate to contact me.
cc: David C. Weigc:l, County Attorney
Jeff A. Klatzkow, Chief Assistant COlD'lty Attorney
Seatt R. T eac.h, M""~gi"g Assistant County Attorney
/If'"..
2
Z8Z-, 100/IOO'd 8l;-l
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IIUJO,IV IIUnOj JIll IOj-WOlj 00;1:50 lO-80-,'0
16A19
RESOLUTION NO. ......lll...
A RESOLUTtON OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA.
ESTABLISHING A REVISED FEE SCHEDULE OF
DEVELOPMENT RELATED REVIEW AND PROCESSING FEES,
INCLUDING, PROVIDING FOR A NEW PUD MONITORING
FEE AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE; SUPERSEDING
RESOLUTION NO. 1004-97; AND PROVIDING FOR AN
EFFECTtVE DATE.
WHEREAS, the Collier County Land Development Code, Section l.l 0.1 provides that
!he Board of County Commissioners (Board) shall establish and adopt by resolution a schedule of
fees and charges for application and document processing. public meetings, publlc hearings,
other meetings and hearings. transcripts, approvals. denials, development permits. development
orders, development. construction, interpretations. enforcement inspection services. sales of
doc:uments review, resubmission. and any other zoning or development related services and any
other services provided or costs incurred by or on behalf of the County; and
,--.,
,
WHEREAS, the Board pteviously approved Resolution No. 2004-97. establishing a fee
schedule of development ..late<! review ond processing fees on April] 3, 2004; and
WHEREAS. many operations within the Community Development and Environmental
Services Division are supported by user fee revenues; and
WHEREAS. it is scaff's intent to continue to conduct annual cosVfee studies in an
attempt to balance Fund 113 and Fund 131 operating costs with revenues; and
WHEREAS, the new PUD monitoring fee is a one.time fee to be charged at building
permit pick-up on new construction only that is intended to offset costs associated with operating
this program; and
WHEREAS. the fee schedule for development or building review related activities or
petition types, including but not limited to, site development plans. rezones. conditional uses,
building permit applications and related inspections and monitoring an: rct1ective of the actual
cost of processing and reviewina: such petitions and perfonnina such activitcs.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA 'b.t:
1. The Board of County Commissioncn hereby declares that the fees set forth as attached
,---
(
hereto and incorporated by reference herein as "Exhibit A," along with their associated building
Paac I of2
Agenda Item No. 10F
June 10,2008
Page 14 of 89
Agenda Item NO.1 OF
June 10,2008
16 A f, 150f89
valuation clata table set forth os attached hereto and incorporated by reference herein as "Exhibit
e." are all fair and reasonable sums to be assessed to those who receive the benefits of the
services. reviews, and inspections required pursuant to the Land Development Code and the
County's corresponding development review and permitting processes.
2. The PUD monitoring fee sel forth under Item K) 29), is a one-time fee applicable to
new construction activity approved after the effective date of this Resolution under then existing
and future PUD's that is due and payable at the time of approved building permit pick-up for all
said new construction.
BE IT FURTHER RESOLVED that this Resolution, relating to rees in the land
Development Code be recorded in the minutes of this Board with an effective date of September
1, 2004, and that Resolution nwnbered 2004-97 is hereby superseded by the adoption of this
Resolution on the foregoing effective date.
This Resolution adopted after motion. second and majority vote.
Done this 27th day of July, 2004.
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~d.~
DONN FIALA, CHAIRMAN
~~,~
Assistant County Attorney
110m. J1eA.J.~
Agenda 1- 2.7. 0'1
Date ___
Pqe 20f2
D"~ /. 2.8 .o~
Recd_
~r'~
Agenda Item No. 10F
June 10, 2008
Page 16 of 89
16A19
NN) ELECTRONIC DATA CONVERSION SURCHARGE
1) A sun:harge in the amount of l!z of the building pen:nit application fee, with
the minimum surcharge being aoo ami the maximum being~, will be
applied to every building permit application submitted. A flat fee of ll.l!ll
per pennit will be charged for those pennils for which an applicalion fee is
nOl required per item (M) of thia Schedule.
00) REGISTRATION OF RENTAL DWELLINGS
1) The fee for registration of rental dwellings is .. follows:
a. Initial Registration Fee - moo
b. Annual Renewal. no..oo
c. Late Fee. tlQJlQ
PP) FEE WAIVER PROCEDURES
I) Requests for fee waivers may only be approved by the Board of County Commi..ioners. Waiver requestS for
development review ami building permit fees .hall be submitted in writing directly to the appmprillle
Community Development & Environmental Services Division Staff, who will prepare an executive summary
for consideration by the Board. Such requests sh~1 include a Slatemenl indicating the reason for the fee
waiver request and, if applicable. the nallll'e of the organization requesting the fee waiver.
("
I
QQ) ADDITIONAl, FEE REFUND PROVISlONS
I ) PAYMENT OF FEES: Fun payment of fees is required for a complete application. Department
policy requires full paymenl of fee. althe time of application submillal No work will begin on staff
review of the application until all fees are paid in full. If full payment of fees is not received within
14 calendar days of application submittal, the application will be conaidered void. At this poin~ a
new application and full paymenl of fees will be required to proceed with a P"!iect.
2) There will be no refund of Planning, Environmental, or Engineering related fees, except those
applications which have been deemed not sufficient for staff review and are withdnlwn within 30
clays of notification will be entilled to a SO% refund. Af.... 30 days from such notification, there will
be no refund of submitted fees.
3) In no cascs will thcre be refunds for pre-application feca, data cOllversion feca, appeals of
administrative decisions, or appea18 to the Board of Zoning Appeals or Building Board of
Adjustment.
4) If staff mor causes the inappropriate or U1U\ecessary filing of an application and payment of fees. 100
percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of
Depar!ment.management.
S) In those cases whore alternative methods or timing of payments for COBS services and I or fees listed
in this schedule associated with SBRrevie.... are deemed to best serve the public good. the
Communily Development and Environmental Scrvk-es Admjnistnltor will have the authority to
approve such alternatives. Such alternative must be in writing and signed by all principals involved
In no ease shall final C.O. or such certifications ofproiect completeness be issued until paymenlJ due
CDES are received in full.
6) All hourly fee. are computed and charged from actual Di visional time tracking rocotds.
7) All acreage totals used in fee calculations will be rounded up to lhe nearest whole acre.
I~'
I
COBS PinaDciaJ AdminislratiOD., icY <Y1n7104
pl&e 16
lOG
RESOLUTION NO. 2004- ...Jll.
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE COLLIER COUNTY ADMINISTRATIVE
CODE FEE SCHEDULE OF DEVELOPMENT RELATED
REVIEW AND PROCESSING FEES INCLUDING:
PROVIDING FOR REVISED FEES PERTAINING TO PUD
MONITORING; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY ADMINISTRATIVE CODE PURSUANT
TO CODE OF LAWS SECTION 2-II; SUPERSEDING
RESOLUTION NO. 2004-344; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides
that amendmea.ta: to the Collier County Administrative Code may be adopted by resolution; and
WHEREAS. the Board of County Commiasionen previously had approved Resolution
No. 2004-344. establishing a fee schedule of development related review and processing fees on
Novcmbor 16, 2004; and
WHEREAS, the revisions and clarifications in the fee schedule for PUD Monitoring, and
related administrative processing are reflective of the actual cost of pcrfonning those laSkI,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA that:
The Board of County Conunissioners hereby declares that the fees set fortb as attached
hereto and incorporated by reference herein 1$ "Exhibit A," are all fair and reasonable sums to be
asscssod to those who receive the benefits of the services, reviews. and inspections required
plU"lU1U1t to the Land Development Code and the County's corresponding development review
and pennitting processes.
BE IT FURTHER RESOLVED thai this Resolution, relating to fees authorized by tho
Collier County Administratjve Code (OT all fee changes. be recorded in the minutes of this Board
with an immediate effective date upon the Board of County Commissioners approval, and that
Resolution No. 2004-344 is hereby superseded by the adoption of this Resolution effective as
stated above. BIld that the Exhibits attached to this Resolution be included in. and be made a part
of. the Collier County Administrative Code.
Agenda Item No.1 OF
June 10, 2008
Page 17 of 89
Agenda Item No.1 OF
1 OJune 10, 2008
~e 18 of 89
This Resolution adopted after motion. second and mJ\iority vote.
Done this
N~d.yof AttyrnOfOf
,2004.
ATTEST: o./li,;..
DWIGu:r'E,~I4..CLERK
; .;;;;~':~:;:':'r:.:i~~':~~:)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRIDA
OONN~~A~
. ~~.'\..~tbli~.~"ik
51 . 'OII'Ii_,;'. .
.CU~-I-
vedas~to form-and legal sufficiency:
Patrick G. White
Assistant County Attorney
~
i
2
f'-
,
JJ)RECORD RETRIEVAL
I) No charge for retrieving records from inactive or remote storage including
microfilmed documents
KK) COPY FEES
I) The fee for blueprint and miscellaneous copying shall be as follows:
a. Microfilm copies, of documents less than Ilx17 inches: 50.15 otber sizes at cost of production.
f. Microfilm or Blueprint copies:
18X24 ~perpage
30 X 36 52.50 per page
30 X 42 53.25 per page
34 X 44 55.00 per page
g. Community Development self-service copier, public access and not related to public record retrieval
or public record copies: documents less than 14x8.5 inches i2J1 per page inclusive of sales tax.
LL) RESEARCH
I) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base
salary hourly rate of the staff member conducting the service for time in excess of I hour
2) The fee for creating and designing special computer generated reports that are
not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly
rate of the staff member conducting the service for time in excess of I hour,
MM) SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be
m2Q per year. The subscription year is from Oct I through Sept. 30.
NN) ELECfRONlC DATA CONVERSION SURCHARGE
I) A surcharge in the amount of lli of the building permit application fee, with
the minimum surcharge being n.oJl and the maximum being 5150.00. will be
applied to every building permit application submitted. A flat fee of~
per permit will be charged for those permits for which an application fee is
not required per item (M) of this Schedule.
00) REGISTRATION OF RENTAL DWELLINGS
I) The fee for registration of rental dwellings is as follows:
L initial Registration Fee - ~
b. Annual Renewal - 520.00
c. Late Fee - m2!l per day
2) Rentallnspection
ao Rental Inspection - 5200.00 per unit
b. Re-inspection Fee - 550.00 per re-inspection
Pp) CERTIFICATE TO BOARD BUILDING
I) Initial Boarding Certificate - ~
2) Boarding Certificate Extension - 5150
COES Pinancial Administnibon. rev 12122104 nul
..&0 16
Agenda Item No. 10F
June 10, 2008
Page 20 of 89
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 9,2007
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special district as has been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
~
"
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN:
Jim Coletta
Frank Halas
Fred W. Coyle (Absent)
Donna Fiala
Tom Henning
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Crystal Kinzel, Office of the Clerk of Court
(
,
Page 215
Agenda Item No.1 OF
June 10, 2008
Octobet'~, 220m
the agency of record for Southwest Florida International Airport,
and about 40 percent of the passengers arriving come to Collier County
from that airport. So we have expectations that we can put together
some win/win programs.
This is going to be tough showing the TV spot this way, but -- all
right. And this --
COMMISSIONER HENNING: Motion to approve.
COMMISSIONER FIALA: Second.
CHAIRMAN COLETTA: All right. Motion to approve by
Commissioner Henning, second by Commissioner Fiala.
Any other discussion?
(No response.)
CHAIRMAN COLETTA: Seeing none, all those in favor,
indicate by saying aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 4-0. Wonderful
presentation.
MR. HAINES: Thank you.
CHAIRMAN COLETTA: And with that, we're going to break
now for lunch and be back at one o'clock.
(A luncheon recess was had.)
MR. MUDD: Ladies and gentlemen, please take your seats.
Mr. Chairman, Commissioners, you have a hot mike.
Item #IOK
Page 100
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Agenda Item No.1 OF
June 10, 2008
Octobei'flJ',210m
AUTHORIZATION TO MODIFY THE LATE FEES ASSESSED
TO THE PUBLIC FOR RENTAL REGISTRATION - APPROVED
W/CHANGES AND STAFF TO BRING BACK THE DRAFT
RESOLUTION AND ORDINANCE REFLECTING THOSE
CHANGES
Commissioners, you had stipulated that 10K would start at one
p.m., and that's to obtain the Board of County Commissioners'
authorization to modify the late fees assessed to the public for rental
registration. And Mr. Joe Schmitt, your Community Development
Administrator, was due to present.
I will tell you where we are on this particular issue and -- from the
time that the executive summary was written to where we are today.
I've been having Mr. DeLony's folks take a look at the records down in
community developments on this particular late fee issue.
There seems to be some irregularities on how fees were collected
from some 2005 through the present in this particular program based
on the ordinance and the fee structure that the board had previously
approved in September and was filed in September 2004.
Those irregularities have to basically focus on fees that weren't
collected for late fees and/or fees that were collected on the property
versus collected on the unit. For instance, if you have a duplex, for
instance, and it's one property, a late fee in some instances was
collected on the property, not on the two units because of the
registration being late.
I would -- I would recommend to the board that you do not ratify
the particular memo that was -- that was signed by Mr. Schmitt in
April of 2007, that you would give staff direction to analyze and come
back to the Board of County Commissioners with a change to the rate
fee.
In the process, yesterday I drafted a letter and signed it to the
State Attorney's Office, and I've asked them to take a look at this
Page 101
Agenda Item NO.1 OF
June 10. 2008
Octobe:t'!JJ,22 em
particular issue to see if those irregularities in collection have any
criminality in that particular issue, and I think we need to have that
done before we -- before we take any actions on past -- on past issues.
Weare still itemizing the impact of this particular lack of
collection as far as revenues are concerned. Last briefmg I was
upwards of around $900,000, and I will have a full reporting on that by
Friday of this week, which I will turn over to the State Attorney's
Office.
That's where I stand -- that's where we sit on this particular issue,
and I just wanted to make sure that I informed you of those particular
actions that I've taken as of yesterday and the recommendation that I
have for the Board of County Commissioners on this particular item.
CHAIRMAN COLETTA: Commissioner Halas, then
Commissioner Henning.
COMMISSIONER HALAS: Yes. Do you feel that there has
been some improprieties in regards to the funds, not so much the -- not
collecting the funds, but do you think there was -- have any idea that
there may have been some malfeasance here?
MR. MUDD: Commissioner, I can't say that for sure and I can't
-- and I can't say that we're -- it was just totally done in an innocent
manner either. I don't know what the background is on every one of
those renegotiation of fees.
I will tell you in your fee resolution there was no -- there was no
stipulation or statutory change that gave us the latitude to negotiate on
a particular issue, and I believe each one of those needs to be done. I
believe that somebody needs to be able to take some sworn statements,
and I can't do that in this particular case.
I believe it has renegotiation impacts everywhere from the person
that collected the fee through the supervisory channel, and I think I
need somebody else -- and we need to have somebody else take a look
at that.
COMMISSIONER HALAS: Okay. Thank you.
Page 102
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Agenda Item No. 10F
June 10, 2008
Octob€ri9', "2etJl1
CHAIRMAN COLETTA: Commissioner Henning?
COMMISSIONER HENNING: Well, I think this item on the
agenda is a good item to give direction to change the fee resolution as
you're recommending. You know, I have a constituent who is willing
to fill out a sworn statement of affidavit of their experience.
But we need to move on and correct a -- actually what I think is a
great suggestion on how to correct the fee resolution going forward.
But we also, in my opinion, we need to change the ordinance, the
rental registration ordinance, because in section seven five it states,
delinquent registration will result in a daily penalty established by a
resolution of the Board of Commissioners. That needs to change if the
board is wanting to do that. So it's a dual action. It's not only a
resolution, but an ordinance. But I have some questions just on
historical (sic) of the ordinance, nothing to do with what you talked
about.
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: So my question is, we've had a
rental registration ordinance on the books for how long?
MR. MUDD: Michelle, can you help me on this one, if you
would.
MS. ARNOLD: For the record, Michelle Arnold. Since '96.
COMMISSIONER HENNING: Okay. And we changed it in
2004 to kind of beef it up?
MS. ARNOLD: It was -- the ordinance itself?
COMMISSIONER HENNING: Yes.
MS. ARNOLD: It's been changed a couple times since 2004, yes.
COMMISSIONER HENNING: Yeah. It's been changed after
2004; is that what you're saying?
MS. ARNOLD: No, in between --
COMMISSIONER HENNING: Prior?
MS. ARNOLD: Yeah.
COMMISSIONER HENNING: Yeah. But the real -- the crux of
(":
Page 103
Agenda Item NO.1 OF
June 10. 2008
Octob€i'!lJ,220m
the rental registration is to identify the owners and how to get ahold of
those owners in case there's a problem?
MS. ARNOLD: Yeah. That's one ofthe reasons, plus in 2004 we
included the property maintenance inspections as well.
COMMISSIONER HENNING: Yeah, okay. Great, thank you.
CHAIRMAN COLETTA: Commissioner Halas?
COMMISSIONER HALAS: Yes, Michelle. I believe that you
were having some difficulties and you felt that you came before the
Board of County Commissioners to ask that we impose some
additional fines; is that correct?
MS. ARNOLD: Yes. In 2003 there was an amendment to the fee
schedule that changed the penalty from $10 per day to -- I mean,
excuse me -- a strict $10 to $10 per day. In 2004, actually, is when
that happened.
COMMISSIONER HALAS: Okay. And did you feel that that--
after we passed that resolution, did you feel that that was going
overboard?
MS. ARNOLD: Well, I believe that the per -- $10 per day fee is
exceSSIve, yes.
COMMISSIONER HALAS: I would have hoped that somebody
would have come back to us and said, hey, we might have a problem
here.
MS. ARNOLD: Yes.
COMMISSIONER HALAS: I'm sure we find this all out as we
go through this process. Thank you.
CHAIRMAN COLETTA: I'm hearing some very good thoughts
going back and forth here, and I appreciate and kind of agree with
everything to a point. I do think that we need to redraft this ordinance
as something that is less demanding to the point of being ridiculous.
Close to what was -- what staff put together, I think, would be a
good way to be able to address it as far as how many days you can
collect on it, but that's not here nor there now. The issue of trying to
Page 104
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Agenda Item NO.1 OF
June 10, 2008
Octob€i'~, 220m
go back to find out what went wrong so we can make those corrections
go forward is the right way to go.
I commend you, Mr. Mudd, for bringing this forward to the
County Attorney's Office so that -- not the county -- the State
Attorney's Office to see ifthere's been any wrongdoing. And I'm sure,
as this goes forward, we'll find that people were trying, what they
thought, was acting in the best interests of the public.
But be that as it may, that's not our decision to make here today.
That will be by the State Attorney's Office when the time does come.
We do have speakers on this. I'm sorry. Commissioner Fiala, I didn't
want to ignore you. Why don't we go to you next, then go to the
speakers.
COMMISSIONER FIALA: Okay. I was just wondering, until
we get all this stuff resolved and get through this issue, if we could put
a cap in place right now at least, and help us along so that -- until a fee
schedule is resolved? Maybe a cap -- how does that sound to you,
Michelle?
MS. ARNOLD: Well, that was the question I was going to have,
whether or not the board was going to make any modifications or
recommendation for modification today to cap the fees.
COMMISSIONER FIALA: Just a temporary one --
MS. ARNOLD: Until we --
COMMISSIONER FIALA: -- until we resolve the issue.
MS. ARNOLD: Exactly.
COMMISSIONER FIALA: I would like to do that.
CHAIRMAN COLETTA: Okay. Commissioner Henning?
COMMISSIONER HENNING: You know, on the next agenda
we could have a fee resolution, right? And I don't -- I mean, there's a
lot of things that have been gone on that I really don't want to discuss,
but we have a time to correct it in our next agenda, which is two
weeks. And personally, that's what I would like to do.
COMMISSIONER FIALA: Okay. Rather than just put some -- a
Page 105
Agenda Item NO.1 OF
June 10, 2008
Octobet'~,21etn
temporary one in place today, you mean? Because they're going to
keep going $10.
COMMISSIONER HENNING: Well, we can -- County
Manager, if you'd help us out.
MR. MUDD: Sure. Commissioners, what we can do is, we can
come back to the board the next meeting, okay, with the change to the
fee -- to the fee issue so that the board can ratify that particular issue.
The fees were due, for the renewals, were due on the 30th of June
for '07. So we're talking about putting something in place that's
basically going to tell you how you're going to do your program
henceforth, but its basic impact is going to be your '08 collection on
your -- by the 30th of June in 2008.
If the board -- if the board wants us to basically give a grace
period between today and the next time you do it and basically
annotate it that these two weeks that we're having to wait, that you
want us to take special mention of it, and then when we come back
with the resolution, you basically say, okay, for those two weeks, we
gave a grace period for the two weeks there, then that's fine too. But I
would suggest that you don't change where you are right now and the
way you do stuff until I can properly advertise the resolution that you
can -- that this board can vote on.
CHAIRMAN COLETTA: Okay.
COMMISSIONER HENNING: Right.
CHAIRMAN COLETTA: Commissioner Henning, does that
conclude what you had to say?
COMMISSIONER HENNING: Yes. Thank you.
CHAIRMAN COLETTA: Okay. Let's call the speakers.
MS. FILSON: The first speaker is Donna Longford. She'll be
followed by Colleen Fernandez.
MS. LONGFORD: Hello, Commissioners. We've been at this
rental registration fee for several years now and we're back again. I am
the manager of Waverly Place Apartments and I'm also the president
Page 106
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Agenda Item No. 10F
June 10, 2008
Octobgi'~, ~etJl?
of the Southwest Florida Apartment Association.
Apartment communities in our area house college students, your
workforce, your professionals, your retirees. We house them all, and
depending on the financing at that particular apartment community,
may it be tax credit or affordable or conventional, depends on the type
of inspections that we all endure.
Tax credit properties have inspections not only countywide, but
statewide, to make sure that they comply with those tax credits and
affordability that they've agreed upon.
Conventional properties have HUD inspections. We have react
inspections and we have mortgage inspections. No matter what type of
financing that our properties have, we are all mandated by the DPBR
(sic). That means every year we pay a renewal to the DPBR, we get a
license that must be displayed to the general public, and we are
inspected.
We are inspected by the DPBR for health and safety issues. My
stairways are inspected. My fire extinguishers are inspected. My hot
water, you know, to make sure it's in compliance. Everything that you
could imagine on a property is inspected.
They inspect occupied units, they inspect vacant units, they
inspect my trash receptacles. They inspect everything on a health and
safety issue to make sure that I am abiding by the rules set forth by the
state.
If any deficiencies are found, obviously, I'm written up. You
know, an inspection -- a reinspection would obviously happen. If!
don't comply, then obviously I would be in default, and obviously
severe actions could be taken against me.
In 2003 we were given a letter by code enforcement letting us
know that you now wanted us to register our units by folio number at a
$20 registration fee, which we as apartment communities all complied,
paid our $20. I budgeted for the next year expecting another $20 to
register my renewal for my registration fee -- for the registration fee,
Page 107
Agenda Item NO.1 OF
June 10, 2008
Octob€t'~, 210m
and in 2004 got a letter letting me know that now you had changed
your mind and you didn't want to register just by folio number, you
wanted me to register by unit. So my $20 I had budgeted for now
became $6,000.
So my property owners have two properties in Collier County.
They have paid you in the last three years $27,000 to register the same
300 units on one property and 146 units on the other property. I get no
inspections. I get no renewal certificate. I get nothing, nothing for my
money that my company has paid you, nothing do I get.
And, you know, we're all about affordable housing and we know
what a deep issue this is for us, but you have to find it -- I mean, we
understand what this -- what you -- why this is -- there are, you know,
obviously landlords out there that, unfortunately, are slum landlords
and you want to make sure that they're accountable and know who they
are so that you -- if they have an issue, you can contact them.
But we obviously are here. We're out in the open, and now we've
been, I feel like, targeted, that we pay you these fees, and we're already
mandated by the DPBR and we shouldn't have to pay these outrageous
fees to continue to register the same units, the same apartments that are
never going to change every single year and get nothing for our
money. This is -- it's -- for affordable housing, how can I continue to
keep my prices low and continue to pay you money and get no service,
nothing for my -- for the money I'm giving you?
CHAIRMAN COLETTA: You've made some very good points;
however, your time has run out. I do thank you for being here today.
COMMISSIONER HENNING: I have a question.
CHAIRMAN COLETTA: Fine. Go ahead, Commissioner
Henning.
COMMISSIONER HENNING: Well, the state inspects you now,
correct?
MS. LONGFORD: That is correct.
COMMISSIONER HENNING: But wouldn't that prohibit us
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from enforcing other ordinances?
MS. LONGFORD: As I said in the beginning, we've been round
and round, and a few years ago we came here to speak with you about
this, and we've sent you a letter from the DPBR letting you know that
what, in actually, you're doing is illegal. You're not supposed to be
imposing these type of fees on us because we're already -- multifamily
is mandated by the state.
And, you know, we've gotten no response and, you know, we've
tried to bite our tongue, and we've tried, you know, diligently to do
what we're supposed to do and we pay the fees. But I mean, we're at a
loss here. We've gotten nowhere, and are already mandated by the
state and we should be exempt. We should not have to pay per unit per
year to register units when we're already doing the same thing by the
DPBR.
COMMISSIONER HENNING: Mr. Weigel, would this prohibit
us to --
MR. WEIGEL: No. Thank you for the question. One second, I'll
clear my throat. Pardon me.
No. In fact, yes. In the last few years, and subsequent to the
enactment of the ordinance in 2004, the South Florida or Southwest
Florida Rental Association, through counsel, their counsel, who'd been
in contact us -- and we'd also certainly seen the letter that they had
forwarded to us from the state department, a department of the state,
relating to their duties relating to apartments. What we're talking about
here is a type of home rule, among other things, and that is the county
exercismg --
COMMISSIONER HENNING: I'm sorry. That wasn't my
question.
MR. WEIGEL: Okay. Well, I'm getting to the point to tell you
that up to the -- through our review, we do not believe that the county
is preempted. And we have had significant discussions over a period
of many months with their counsel, and it was their counsel who
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ultimately determined not to continue with us in further dialogue
relating to it.
COMMISSIONER HENNING: Well, if the state has already
inspected it and we don't do these inspections, would that preempt us
from looking at the property for violations?
MR. WEIGEL: Well, the question being posed, I don't think so.
One of the questions is -- being raised by the speaker is, payment for
services rendered or not rendered.
Ms. Arnold may wish to speak further about this, but the
ordinance does talk in terms of inspections and the right to inspect, but
it is not a fee that guarantees inspection of all units, and that could be
contemplated and could be legislated by the board through --
conceivably with recommendation of staff, if that were the concept
they wanted to be done.
But we're really talking in terms of apreemption. We have not, in
our research -- and it was extensive -- and we had dialogue and written
memo and legal opinion back and forth with their attorney, Mr. Pritt,
and we did not come to a consensus with him that, in fact, there was a
preemption by the state against Collier County or the other counties
that also do, in fact, have local rental registration fees in place.
MS. LONGFORD: I think -- Ijust -- real quickly, I just think -- I
want everyone to understand, it's -- obviously we have no objection to
code enforcement, if there is a call and there is a violation on any
apartment community, we have no objections to being inspected. We
have no objection. The objection we have is the amount of money that
we're paying you for nothing, in essence, because code enforcement
here, as Michelle can tell you, maybe one percent of the complaint
calls that you get are on multifamily apartment communities. The
majority of your complaints are coming from homeowners that are not
here that, you know, have gross negligence, not from apartment
communities that are already inspected and mandated by the state.
CHAIRMAN COLETTA: No, I understand that. And is there
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any other questions from the commissioners of the speaker?
COMMISSIONER HENNING: No.
CHAIRMAN COLETTA: Thank you very much.
MS. FILSON: The next speaker is Colleen Fernandez. She'll be
followed by Harry Heist.
MS. FERNANDEZ: Hi. My name's Colleen Fernandez. I am
the past president of the Southwest Florida Apartment Association.
I have been on a property of 120 units in North Gate Club. We have,
as well, have our inspections.
The thing that I want to reiterate here is on your properties, on
multifamilies, we also have on-site maintenance. We have on-site
management teams as well that are there mandating these
communities.
I remember way back when, when the Golden Gate Task Force
was actually looking into finding out what we can do in order to be
able to get these absentee owners to start signing in. We couldn't find
out where they lived. We couldn't get the information. So we all
brainstormed. We determined, well, we need to be able to figure out
how we can get these people to register.
So it was a per-property fee that was initially what we were
wanting to be able to get. That was our goal, and I feel that per
property is fair. I think that the multifamily per property should be
paying per property as well as you have a duplex that has a $30 fee per
that property.
I think that the multifamily have more charges being assessed
here, then we can be up to 5 percent. The Golden Gate -- code
enforcement can come in and actually charge us $200 to inspect. And
then if they have to re -- come back, we're charged an additional $75.
So if you have a 500-unit property, 5 percent of that at 200, that's
a lot of money. We have taxes that we have to pay, you have
insurance. Some of you -- we're just looking to being able to try to get
some fairity (phonetic) with this, and I'll close with that. Thank you.
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CHAIRMAN COLETTA: Thank you very much.
MS. FILSON: Harry Heist. He'll be followed by Susan
Rathburn.
MR. HEIST: Good afternoon, Commissioners, and thank you for
the opportunity to speak here today. My name is Harry Heist. I'm the
general counsel for the Florida Apartment Association, and I also am a
local attorney who has had the pleasure of representing just about
every apartment community in Collier County for the past 15 years.
The history of the ordinance was that it was -- it was created, as
you heard, to define who the owner of the property is. That was the
purpose of the ordinance -- you heard it from staff today -- to
determine who the owner is, so that you would have an accountable
local agent, somebody that you can go to.
The purpose was to reduce substandard housing. In theory, it's a
great ordinance to have. We find out who the owner is of that
single-family home where the absentee owner's in California, and
we're able to do something when it's substandard.
Well, unfortunately, something happened in 2004 and this
ordinance was morphed into something that I don't believe it ever was
intended to be. Right now the mechanics of the ordinance are that you
simply register. You'd pay your -- you pay your fee and you register.
So if! have a single-family home, I fill out my form, I pay my $30,
and I turn it in. I've registered.
If I have an apartment community with 300 units, I fill out my
form, I turn it in, and I pay $9,000 to register. That's what it costs to
register a 300-unit apartment community.
Well, as you can see, that's absurd. It makes no sense. If your
purpose is to find out who the owner is and they're there right on site
anyway, it doesn't make any sense, but that's how it is.
The problems with this ordinance is that, number one, it's a fee
where the buyer -- where the payer of the fee really does get nothing.
Yeah, we get inspections, but we have to pay extras for those. Those
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don't come along with the fee. Those are actually extra.
So we're paying this. And what it is, it's an illegal tax. That's all
it is. It's a tax. Bottom line, it's a tax. The fee is also 100 percent
illegal under the DBPR preemption. We've spoken to the DBPR, we
hired Bob Pritt. Bob Pritt basically told us this. He says, it's illegal.
The DBPR says it's illegal. They said, you've got to sue Collier
County.
We can't afford to sue Collier County. We don't have the money
to sue Collier County, and we were told that Collier County will fight
us to the death. So we can't do it. So now we're stuck. We're -- you're
our only hope.
The DBPR has jurisdiction over multifamily. They inspect every
year. There's no need for another layer of inspection. The fee's
completely unfair. It hurts affordable housing. We've got taxes killing
us, insurance killing us, and now this ridiculous fee.
What we want is the fee to simply not apply to multifamily
housing because it's illegal and it doesn't need to apply to multifamily
housing. But in the alternative, if you do wish to impose the fee, let us
pay a $30 fee. We'll pay our $30, we'll send in our paper even though
we don't feel like we have to under the law. We'll pay the $30, and
then you'll know who we are, you'll know who the apartment
community is, you'll know -- you'll know where their owner is located,
and you will have accomplished everything that staff just told you that
was the purpose of the statute.
It won't prohibit people -- won't prohibit your own code
enforcement from coming in on a complaint or doing what they need
to do to do their job. It does -- the preemption does not prevent your
code enforcement from coming onto a property when someone
complains. It doesn't take any power away from Collier County.
Thank you.
MS. FILSON: Next speaker is Susan Rathburn (sic).
UNIDENTIFIED SPEAKER: She had to leave.
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MS. FILSON: Tammy Vidal?
MS. VIDAL: Hi, good afternoon. My name's Tammy Vidal. I'm
District Manager for Concord Management.
My company represents four properties down here that are
affordable housing. We provide tax credit communities. We're
inspected by the state. Those inspections, they inspect at least 10
percent of our communities interior-wise with all units. If there's
anything that's found, maintenance, service request, file-wise,
unauthorized occupants, any of those items, we can be issued 8823s
and have to repay back tax credit dollars.
We also have the same inspections such as lender inspections and
all of those items that we're being hit with as well as DPBR (sic).
With my -- just my four sites down here, just this past year, we spent
$19,000. The year before that we spent 28,000, you know, and these
figures continue to go up because I'm a tax credit community, and the
ones that I operate, as well as the additional 22 of the communities
here in Collier County, of the 42, are all set up the same way. We've
not had rental increases through Collier County because of median
income amounts.
We're not anticipating, because we're 9 percent under that right
now -- unlike another property that's out there that may be able to, you
know, push these fees out to a resident, I'm not able to do that. I get hit
with taxes, insurance increases, all of those items. The only thing that
I can cut back on is staff, which is what I use to make sure that my
properties are very presentable and keeping up with the requirements
that I should.
Again, we -- you know, we definitely don't want to have these
fees. If Collier County comes in and code finds any type of issues, of
course, you know, we have to address those. I know that, you know,
we're charged $200 if they do get called out, and even if it's for
something that doesn't exist.
We gladly pay those fees if there is a problem. But having to, you
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know, pay these outrageous figures for no reason and not having any
problems on the properties, I just don't see where it's required.
Thank you. That's all I have.
CHAIRMAN COLETTA: Thank you. I'm going to make a
comment next, if I may.
When this originally came before us, I was opposed to it for the
very same reasons that everyone mentioned. I do think it's a regressive
tax. I don't think it has anyplace being there on affordable housing.
It's targeting the wrong people. If you need to fine somebody a $30 fee
for one registry for the whole complex, it should be more than
adequate.
It was three reasons that we had listed in our executive summary
why we need to be able to continue this. One is to be able to contact
out-of-state owners, okay. $30 fee would do that.
Another one was to meet health and safety code requirements.
You already have the state doing that on a regular basis, and we have
code enforcement that can come in when the resident has a concern or
complaint.
And number three is to be assured that we collect the tourist
development tax. And I can't tell you one way or the other if this has
made any difference in those collections, but I can almost think that the
one form that would be filed would give you an idea of what you were
dealing with as far as that money and just correspond back and forth
between the records.
So I agree with you, even though that's not really the issue why
we're here today, I'm in total agreement with you.
Commissioner Fiala?
COMMISSIONER FIALA: Yeah, just a fast question. What
does DPBR (sic) mean?
MR. MUDD: Department of Business and Professional
Regulations.
COMMISSIONER FIALA: Okay.
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MR. MUDD: State -- it's a state agency.
COMMISSIONER FIALA: Okay. And who -- what company
did you say you were with?
MS. VIDAL: I'm with Concord Management.
COMMISSIONER FIALA: Thank you. That's all.
CHAIRMAN COLETTA: Fine. Commissioner Henning?
COMMISSIONER HENNING: Mr. Chairman, I agree with your
sentiments. I'm going to make a motion to approve giving staff
direction to amend the fee resolution and also amend the ordinance to
reflect the changes that we're making in the fee resolution by exactly
what it says, either $10 a day or four times the amount of the
registration, but also is to remove the apartment complex from this
ordinance.
We -- if in the State of Florida we already have inspections, we
already have the ability to go in there to inspect for other things, it's
duplicative government. Being a Republican, I don't think that we
need government and government and government doing the same
thing. That's my motion.
CHAIRMAN COLETTA: Commissioner Henning, if I may
address your motion. I'm concerned about not having anything. We
heard people get up one after the other, and they said they had no
problem with the one-time fee to deal with the whole complex, a $35
(sic) fee that would be able to -- enable us to be able to keep track of
who it is and what we're dealing with out there.
If you could amend your motion to keep that in that, I could
second it.
COMMISSIONER HENNING: So you want to amend it so it's
per property ID or per property --
CHAIRMAN COLETTA: Right.
COMMISSIONER HENNING: n portfolio instead of per unit?
CHAIRMAN COLETTA: That's correct, instead of per unit.
COMMISSIONER HENNING: Okay. I'll amend my motion.
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CHAIRMAN COLETTA: Then I'll second it.
MS. ARNOLD: Can Ijust have a question? Because at one point
we were assessing it per property, and I believe that you got a
counterargument from property owners that had multiple properties in
the county, that if an apartment complex with 100, 200, 300 units is
paying a $30, and $20 renewal fee, and they are having, because they
have multiple locations, to pay a fee per their location. Just -- I'm just
-- and I think that's why the board went from the --
COMMISSIONER HENNING: Yeah. Well, let me ask you the
question. Maybe you could help me out -- help us out trying to correct
something. How about if we do it per registered management instead
of per folio? Let's say that person has five duplexes. That would be a
single person or their designee; would that work?
MS. ARNOLD: So if somebody has a property manager that
handles all of their property, there would be one fee for that -- for all
multiple properties; is that what you're saying?
COMMISSIONER HENNING: Right. Does that work for you?
MS. ARNOLD: Yeah, I guess that could --
COMMISSIONER HENNING: Commissioner Coletta?
MR. MUDD: Commissioner, in could -- in can throw
something in just to help us a little bit more. We've got it there.
Commissioner Henning, I wouldn't throw out your idea about -- ladies,
come on. Let me finish here.
The registration with the state and the Department of Business
and Professional Regulation, they mentioned earlier that they have to
pay a fee to them in order to get a certificate from them that basically
says they're registered. Okay. If I'm saying anything wrong ladies and
gentlemen, let me know.
Why not -- why not, if you want to do it for their whole complex
where they pay one fee, okay, on that property to us -- they give us the
receipt from the DBPR, okay, because you've got that and you know
they're registered with the state, and that makes it quite different than
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Agenda Item NO.1 OF
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somebody that owns three or four duplexes here that's all over the
county, and --
COMMISSIONER HENNING: That's fine.
MR. MUDD: And they might be in the slum business, okay, and
some might not, so I don't mean to hurt anybody's feelings here. But
we want to make sure that if we have a slum landlord out there that's
got several things, then we want to basically -- part of the thing is
health, welfare, and safety on this particular inspection program.
So I don't know if I'd go that far. If you want to take multiples,
then they got to register themselves with the state because she -- some
of your testimony today from the speakers was, they came out and
inspected stairwells and different issues, and parking and everything
else, and if that person that owns three duplexes out there registers
with the DBPR and -- so that you have that receipt, then I would take
that receipt and charge them just that one fee. If they don't --
COMMISSIONER HENNING: I'm going to make that my
motion, what the county manager said, and I just want to thank you. I
think that hits it right on the target.
CHAIRMAN COLETTA: Yeah. I could second that.
Commissioner Halas?
COMMISSIONER HALAS: I -- yeah. I understand where
Michelle's coming from in regards to being fair to all people who have
properties out there. I think that maybe we ought to also give staff
some direction and look at what is compatible with the people who
own large concerns, like if they have 300 or 400 apartments and they
have, out of those 400 apartments, let's say they have six buildings,
maybe we could come up with a fee just for -- per building and make
that fair, because you've got the homeowners who are paying right
now, what, $30?
MS. ARNOLD: It's an initial $30, and $20 for renewal.
COMMISSIONER HALAS: Okay. So we could come up with
something where somebody has an apartment building, where they
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have 60 units, they only pay a flat rate of -- for that particular building,
and if they have eight buildings on their complex, then it would be --
with regards to the buildings. That way I think it's fair to not only the
apartment people, but it's also fair to the people who have a residence
down here that are out of town that rent.
CHAIRMAN COLETTA: The problem with that, if I may
interject, you could have an apartment building that has 10 apartments
and then you could have a duplex. Now you're going to --
COMMISSIONER HALAS: Well, I'm talking about where
you've got an apartment building, let's say, that has more than 25 units,
then you come up with a -- just a flat rate or whatever.
MS. ARNOLD: I think the simpler the better because I think the
reason why we're in the -- you know, looking at auditing the program
right now is because it was somewhat confusing as to what we should
have been doing. So if we can, you know, stick with the
recommendation of the county manager --
COMMISSIONER HALAS: Okay.
MS. ARNOLD: -- you know, if there's a state certificate that we
can have a copy of for whatever units, whether it's multifamily or if
somebody wants to go to the state and get that certificate, then we can
have it as a one-time fee.
I do have some questions about the --
COMMISSIONER HENNING: I'd like to ask the county
manager --
CHAIRMAN COLETTA: Wait till we finish with Commissioner
Halas first.
MS. ARNOLD: All right.
COMMISSIONER HALAS: The other concern is, will we have
control over health, safety, and welfare issues so that we can take care
of the individuals that are slumlords?
MS. ARNOLD: Yes, we have that ability.
COMMISSIONER HALAS: That's the biggest thing I think that
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my concern is to make sure that we adequately take care of the housing
that's available here for rent, that people are living in good conditions.
CHAIRMAN COLETTA: Commissioner Fiala, then we'll come
back to you, Michelle, for your questions.
COMMISSIONER FIALA: Okay. Now, if! understand what
was just said, if Concord Management has four different properties,
they would only pay one fee?
MS. ARNOLD: No.
COMMISSIONER FIALA: It would be one for each --
MS. ARNOLD: For each property.
COMMISSIONER FIALA: Okay. So then you would know if a
property transferred names. Oh, okay, fine.
MS. ARNOLD: Correct.
COMMISSIONER FIALA: So each property, no matter -- if they
have four, each one then would pay their $20?
MS. ARNOLD: That's correct, that's correct.
COMMISSIONER FIALA: Okay, fine. I was wondering how 1
we were going to track when ownerships change, but then it does -- it
does track that.
CHAIRMAN COLETTA: Okay. I think we've exhausted that.
Michelle, did you have some comments you needed to make?
MS. ARNOLD: Well, that's okay. We'll come back with a
recommendation for registration, modif -- fees as well as late fees.
COMMISSIONER HENNING: Well, we already have a
recommendation. Your recommendation is here, and we're just asking
you to amend the ordinance per what county manager said and also
include your recommendations of the -- for the resolution.
MS. ARNOLD: Yeah.
COMMISSIONER HENNING: So amend the resolution and
amend the ordinance, and advertise it.
MS. ARNOLD: In the interim, we had looked at that fee for the
late fee, and I know what's being on the table today is the $10 per day
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or four times the registration, whichever is less. My question is, do we
do that -- since we're going to only by property, we're applying that per
property and not by unit, correct?
COMMISSIONER HENNING: Well, the fee resolution is going
to say -- it's going to say -- I'm trying to remember. It's been a while
since I looked at it. It says, rental registration fee. It says -- and then it
says rental fee, and then it says late fee.
MS. ARNOLD: Yeah. And I think --
COMMISSIONER HENNING: So it doesn't really reference unit
or owner.
MS. ARNOLD: Right.
COMMISSIONER HENNING: It's just referencing it there.
Take -- actually take it out of the ordinance because if that was to
change, you'd have to change the ordinance.
MS. ARNOLD: Right. And my question is, is it the intent of the
board to apply the fee per unit or per property?
COMMISSIONER FIALA: Property.
COMMISSIONER HENNING: You have to ask the county
manager. I think we did it by property.
MS. ARNOLD: Okay. I just wanted to get clarification.
COMMISSIONER HENNING: Yeah.
CHAIRMAN COLETTA: Okay. Any further clarification that
anyone needs?
(No response.)
CHAIRMAN COLETTA: Motion by --
COMMISSIONER HENNING: You get it, right?
MR. MUDD: Yes, sir.
COMMISSIONER HENNING: Okay, good.
CHAIRMAN COLETTA: Motion by Commissioner Henning,
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*******
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:55 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
JIM COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
presented or as corrected
, as
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICES, INC., BY TERRI LEWIS.
Page 215
Agenda Item NO.1 OF
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Page 44 of 89
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, October 23-24,2007
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
district as has been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
/'"
,
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN:
Jim Coletta
Tom Henning
Frank Halas
Fred W. Coyle
Donna Fiala
ALSO PRESENT:
Jim Mudd, County Manager
David Weigel, County Attorney
Crystal Kinzel, Office of the Clerk of Court
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COMMISSIONER HENNING: Move to approve.
CHAIRMAN COLETTA: Motion for approval by
Commissioner Henning and a second by --
COMMISSIONER COYLE: Me.
CHAIRMAN COLETTA: -- by Commissioner Coyle, me.
And any discussion? Commissioner Fiala, anything you want to
add?
COMMISSIONER FIALA: No, I just am so glad that we're
doing this. Thank you so much.
CHAIRMAN COLETTA: Well, thank you.
With that, all those in favor, indicate by saying aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: And the ayes have it, 5-0.
Item #lOM
RESOLUTION 2007-309: AMENDING COLLIER COUNTY
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES FEE SCHEDULE PERTAINING TO RENTAL
REGISTRATION PENDING APPROVAL OF THE RENTAL
REGISTRA TION ORDINANCE - ADOPTED W /STIPULA TIONS
MR. MUDD: Commissioner, our next item is number 10M. It's
to amend the Collier County Community Development/Environmental
Services fee schedule pertaining to rental registration pending approval
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of the rental registration ordinance, which we'll have at the next
meeting.
Mr. Joseph Schmitt, your Administrator for Community
Development's Environmental Services will present.
CHAIRMAN COLETTA: Okay. And we do have a speaker on
this item also.
MR. MUDD: Or maybe he won't present. Between Jennifer and
I, we can present this particular item.
At the last board meeting the Board of County Commissioners
asked us to come back as soon as we could to amend the fee schedule
for late registration -- late registration fees for rental properties.
In so doing, we found that we could get the resolution done, but
we couldn't get the ordinance done in time for advertisement. So what
you have before you today is the resolution to adjust the fee schedule
for that particular item.
And what the board told us to do the last time -- and I'm trying to
get the item real quick -- was to gear it toward properties instead of
units, as it was previously, and to adjust the late fee so it was capped so
it would be no more than four times the resubmittal fee, which is the
$20.
We also had a discussion about the state requirements for
professional businesses and their registration fees on these rental units,
and we also put those requirements into this particular resolution.
Now, the Department of Business and Professional Regulation,
county attorney staff did some searching and had some conversations
with their staff to make sure that they -- that we've got their exact
requirements and what they asked of these rental properties -- I'm
talking about apartment complexes and whatnot -- when they register
with the state, and made sure that we -- we put those particular
idiosyncrasies into this resolution.
At one time we thought, during the discussion at the last meeting,
that we would be able to get, let's say, a landlord that had four rental
co
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properties that were -- that were all over the county, and they would be
registered with the Department of Business and Professional
Regulation, and that is not the case.
And so after checking with their staff, it has to be collocated in a
particular area, particular property, or folio number in order to have the
registration with the DBPR.
And so the late fee -- and the change to the resolution is on page 7
of 7. The initial registration fee would be $30 per property. The
annual renewal fee would be $20 per property. And I'm on lA, B, and
going down to lC. The annual late fee would be $10 per day for
property up to a maximum of $80.
The term property means a parcel with any number of rental units
located thereupon. A rental unit n and I'm on E. A rental unit is any
dwelling that is not owner occupied but occupied by someone other
than the owner for any portion of a calendar year.
Go to 002, rental inspections. The inspection, $200 per unit is
number A. B, reinspection is $50 per inspection per unit. And go to
C, which is an ad n which is 2C, a rental inspection shall not be
required for rental units covered by the Florida Department of
Business and Professional Regulation, DBPR license. A copy of the
DBPR inspection report shall be provided with the initial rental
registration and all subsequent rental renewal applications.
And I believe that captured what the board had told us to do the
best we could after we talked with the DBPR staff in order to get
everything that you needed on this particular resolution.
Do you have any questions? Jennifer and I will n
CHAIRMAN COLETTA: Yes. Let's start offwith
Commissioner Henning.
COMMISSIONER HENNING: So basically we're going to do it
by portfolio then?
MR. MUDD: By property, yes, sir, folio number.
COMMISSIONER HENNING: So rental inspections shall not be
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required by -- if they have a DBPR?
MR. MUDD: Yes, sir, because they -- based on -- based on what
we were told and based on our conversations with their staff, if they
are registered with the DBPR, the DBPR does inspections of those
particular properties and has reports.
COMMISSIONER HENNING: So anybody who has this license
won't have to participate in the rental registration program?
MR. MUDD: No, sir. They'll still-- they'll still renew and they'll
still have a registration fee, but the inspection piece, they will not take
part of.
COMMISSIONER HENNING: So what do they get for their
registration? What services will they get?
MR. SCHMITT: For the record, Joe Schmitt, Administrator of
Community Development/Environmental Services Division.
All their registration does is notify the county that they're
registered as a rental unit, and if there's any complaints by any
residents about the quality or the habitability of the unit, we will then
conduct the inspection. So it's an inspection more on -- a
complaint-driven type of inspection rather than a periodic inspection,
as we would perform on other properties.
COMMISSIONER HENNING: But more importantly if -- let's
say that they kick out a tenant and all the stuff goes to the street corner.
You have an ability to contact that owner quickly as compared to --
MR. SCHMITT: Yes, sir.
COMMISSIONER HENNING: -- just moving out?
MR. SCHMITT: Yes, sir. Of course, we would assume that
these are managed -- these are professionally managed properties and
that the management company would have a handle on that. But this
would give us -- identify that the property is a rental and it gives us -- it
still gives us the authority, if deemed appropriate under the housing
standards ordinance, that if, in fact, the property needs to be inspected,
we would still have the authority to do that, and that's the ordinance
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2004-58.
COMMISSIONER HENNING: Okay. Great. Any speakers?
CHAIRMAN COLETTA: Yes. Please call the speakers.
MS. FILSON: Mr. Chairman, I have one speaker, Lora Jones.
CHAIRMAN COLETTA: We're a lot closer to that answer now,
aren't we?
MS. JONES: Yeah. For the record, my name's Lora Jones. I
have -- I'm a landlord. I own a four-plex in Golden Gate City. I've
been -- I've owned it since 1998. I have paid the rental registration
starting -- it started out at $10, and now it's gone up to $80 for the
building.
I did fail to pay by June 30th, and I was handed on -- two weeks
ago from Evelyn at the code enforcement, a bill for over a thousand
dollars for being late. I do not think that's fair. I do think it's
appropriate. There's no cap on it. I mean, when's the $10 a day going
to stop?
There was -- I received no late notice, no, you know, friendly
reminder, did you forget, you know, because I would have definitely
paid. I have been paying the last 10 years.
I have owned up to 19 apartment buildings, but since I got
divorced, we've had to sell. I would eventually like to buy more
apartment buildings to rent, but if I keep getting this, I won't. I won't
buy nothing else again.
And on my letter that I did receive back in June, you know, to
pay, it says here that the late fee is four times the amount of what the
property is, so that's a lot more than what my u or a lot less than what
my bill is that they gave me. It's over a thousand -- I think it's $1,042,
1,060, for a $20 late fee because I forgot to pay.
CHAIRMAN COLETTA: That's why we're moving towards that
direction trying to correct this and the injustice that exists.
I'm glad you're here today. There was a tremendous outpouring
of grief when these things were going through, and we got to the point
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now where, I guess you're -- is there anyone else in the audience from
the industry?
Yeah, good. So you're bearing witness. Obviously you're not
terribly distressed with the direction we're trying to go at the moment,
which is good.
Mr. Schmitt, would you address what was just said just so -- in
plain terms, to where we were, where we are, where we're going now,
just --
MR. MUDD: Joe, let me --
MR. SCHMITT: Yeah, go ahead, Jim.
MR. MUDD: Commissioner, I'd like to do that one because -- the
last meeting we brought forward to the Board of County
Commissioners a discovered inconsistency with the way your
ordinance for late registration was being administered and what was on
a piece of paper, okay, that you approved, and it gets at your point,
ma'am.
And the way the past regis -- the last resolution that was attached
to the ordinance for late fees read, it basically -- it basically said,
ma'am, that the late fee was $10 per day per unit, and so -- or really
didn't mention unit, but you had to go to the ordinance. I understand
what the letter said, and that's the inconsistency that staff had with
what the board had passed.
The staff did not have any authority whatsoever to cap that late
fee at four times the renewal fee, which was $20 on a unit. And so we
brought that to the board's attention.
I have the state attorney investigating that particular issue to see if
there were any things that were fraudulent, nefarious in the way that
staff had acted with collecting these fees over the last couple of years.
That's an active investigation.
What we're trying to do today is get some clarification because
there are some extraordinary circumstances, and you are one. I have
another one that I can share with the board that has to do with 128
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rental units, and right now their late fees, according to the resolution
and the ordinance as written previously, their late fee's up to $894,000,
okay.
So we will discuss all of those. But because we're under an active
investigation, my recommendation to the board is, we collect what
we're going to collect, and if the board determines they want us to go
back and rectify those bills with the rental owners, the landlords, we
will go so do that.
But I would ask the board to let us finish the investigation and let
the state attorney finish the investigation and this resolution that you
have today go forward for this point on. And we have at least, from
this point on -- and then we have to -- we'll have to rectify what
happened in 2005,2006, and 2007 after we get the results of the state
attorney's investigation.
CHAIRMAN COLETTA: But meanwhile, the bill she's got,
what should she do with it?
MR. MUDD: She should pay it, sir. And I -- and based on the
board's direction, okay, after we get the investigation back, we will --
we can go back and refund, if that's what the board's desire is on their
previous regulation. And we will -- we will execute whatever you tell
us to do, and we -- and staff will have a recommendation for you.
CHAIRMAN COLETTA: The important thing is that there's
progress being made. No, I know. There's injustices that happened in
the past. This board is dealing with it one step at a time. If it was
within our power, we'd just say, you know, heck with it all, you know,
end it, but you have to go through the investigation, then we have to go
back.
I tell you what, I never agreed with the fees from day one. I still
don't today. But I just wanted to give you an appraisal from the county
manager so you had a better idea where you are.
But keep bearing with us as we go through it, and we'll try to get
this resolved, and hopefully I can -- we'll be all in agreement on refund
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checks coming back your way. These funds are unjust when you're
providing affordable housing.
MS. JONES: Do we get interest on that?
CHAIRMAN COLETTA: No, probably not. Probably not, but I
mean, I would be more happy to get the check than to worry about
interest.
MS. JONES: Well, you know, I kind of consider this as like a
business tax, you know, your occupational license except for kind of
for a rental. And even, you know, those fees for being late is not that
much.
CHAIRMAN COLETTA: No, you're right.
MS. JONES: You know, I mean, so I don't know why this can
get so out of hand where you're liable to have people lose their
properties for it.
CHAIRMAN COLETTA: You got it. And that's why we're
trying to address it.
MS. JONES: And that's not right.
MR. MUDD: Ma'am, if you are going to pay it, then do me a
favor, when you write the check, in the notation, say, pay under
protest. Okay.
MS. JONES: Okay.
CHAIRMAN COLETTA: Good advice.
Commissioner Henning?
COMMISSIONER HENNING: Well, you know, I don't like that
direction, and really, I think it's up to the board's choice what we do,
not the county manager.
If I can make a suggestion under these from 2007, is charge the
registration fee, put the rest of those in a hopper, and let us deal with
that once the investigation is done and we get recommendations from
the State's Attorney's Office. You know what I mean? And don't do
anything with the late fees, and just put those in a hopper and let us
deal we it, because we have to deal with the global issue, too, from
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Agenda Item No. 10F
June 10, 2008
October 23'=N,52etn
2005 all the way to 2007. Why would we -- it would create more
paperwork trying to collect money and then, you know, reimburse it.
You know what I mean?
MR. MUDD: Yes, sir. I'm not arguing a point, but you could end
up having to collect money after a registration that's already been
made, and that also -- that also puts you in the other piece, too. Do
whatever the board wants to do on this particular one.
But I will tell you, there are late fees -- and I'm going to give you
an example of that -- of that apartment complex that's a little bit -- is a
little bit awry, but -- it's $855,000, I stand corrected.
And I've taken the name off the apartment complex to protect the
landlord. And if -- here's the total figure that's owed on the late fees,
and the bottom registration renewal fee chart lays out what transpired,
when due dates were on fees, how many days late the particular
applicant was in 2005, how much the amount due and the amount was
paid. They never paid on the late fees, so that late fee is pushing -- is
pushing out to a particular piece.
Then in 2006 they came in and registered, amount paid -- the
amount paid on their particular properties. No late fee collected. Then
you kind oflook at the 273, adds up to $449,00, and the 396 days
being late adds up to 506-, so there you get up onto the 855,000 owed
on the late fee, and that's a particular instance.
But see, it wasn't just late in 2007, it was late in 2005. And if the
board is saying to us at this juncture that they want us to just suspend
collecting the late fee and only collect the application fee on the
particular units, we can so do that and notate it.
COMMISSIONER HENNING: Okay, great. That's my choice.
CHAIRMAN COLETTA: Yeah. I'll second the motion.
COMMISSIONER HENNING: And also in my motion is
approve the amended resolution.
CHAIRMAN COLETTA: Okay. And I agree with it.
Commissioner Fiala, you want to weigh in?
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COMMISSIONER FIALA: Yes. I just agree with whatever
you've said. I mean what you've said, not whatever.
CHAIRMAN COLETTA: I'm sorry. She said she agreed or
disagreed?
COMMISSIONER COYLE: Agreed.
COMMISSIONER FIALA: I do agree. I do agree.
CHAIRMAN COLETTA: Okay, great, thank you.
And with that, any other discussion? And I've got two people. Yes,
Commissioner Halas, then Commissioner Coyle.
COMMISSIONER HALAS: It was stated -- this is for staff. It
was stated that this person only got one correspondence stating how
much this person owed and no other follow-up correspondence; is that
true?
MS. ARNOLD: For the record, Michelle Arnold, Code
Enforcement Director. I don't know the specifics on this particular
one, but we did send a renewal notice this year, and there was no
delinquent notice sent. The way that we were attempting to address it
is to create code cases for all those properties that failed to register
timely.
COMMISSIONER HALAS: Okay. So there was no other
correspondence. Once you sent out the renewal notice, there was
nothing else that staff did, say, a 30-day late notice saying, you're past
due by 30 days?
MS. ARNOLD: No. We've had reoccurring problems with the
computer system that we have, and the only way that we were able to
handle it is by creating code cases.
COMMISSIONER HALAS: Okay.
MS. ARNOLD: Yeah. This process is being -- it's in the process
of being corrected with our new municipal or city view software
program that we're going with.
COMMISSIONER HALAS: Were you concerned that maybe we
have something awry here?
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Agenda lIem NO.1 OF
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October 23E~2~" SLem
MS. ARNOLD: Well, I'm concerned that we did not -- we
weren't able to issue those notices, yes.
COMMISSIONER HALAS: Yeah, because if somebody -- if
something happened with the mail or if they misplaced it and then we
didn't have a follow-up procedure --
MS. ARNOLD: Right.
COMMISSIONER HALAS: -- other than a code case -- okay.
MS. ARNOLD: That was some of the staff concerns, absolutely.
COMMISSIONER HALAS: Okay. Thank you.
County Attorney, with the motion that was made, where does that put
us in the attachments that were made with the motion?
MR. KLATZKOW: My understanding, the motion is that you're
approving the resolution but you're asking the county manager to not
collect any late fees at this point in time; just to hold off on it.
MR. MUDD: That's right, but collect the registration fees.
MR. KLATZKOW: Yes, the ongoing registration fees.
COMMISSIONER HALAS: But we will continue to collect the
registration fees at the new rate; is that --
MR. KLATZKOW: Yes, sir, by approving this resolution.
COMMISSIONER HALAS: Okay.
CHAIRMAN COLETTA: And I'm sorry. Commissioner Coyle,
and then I've got a comment.
COMMISSIONER COYLE: Yeah, I just want clarification. I
think I support the motion also. We're going to collect the registration
fee at the levels which are specified in this new resolution?
MR. MUDD: Starting today.
COMMISSIONER COYLE: But wait a minute. How about for
the people who have a problem right now?
MR. MUDD: Okay. You told -- that resolution that you have
that you put -- that was put in place in 200 -- in September of 2004
said, registration was done by unit, not by--
COMMISSIONER COYLE: Yeah, I understand that, I
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Agenda Item No. 10F
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understand that.
MR. MUDD: -- not by property.
COMMISSIONER COYLE: But we are determining by this
registration, that that action was probably excessive and unreasonable.
So we are saying that --
MR. MUDD: No, sir. You haven't said that, but --
COMMISSIONER COYLE: We haven't said that.
MR. MUDD: What you're basically saying is, we have some
issues previously, and it's been brought to the board's attention, and we
have an invest -- an active investigation by the state attorney on those
particular -- on that particular issue.
And they're -- and we're providing information and they're
collecting information. I have the records locked up.
What we're basically saying to you is, we have a new resolution.
You had speakers that came before this board last meeting that
basically said that they believe that unit registration was too expensive
and -- for the services that were being provided with that registration,
they didn't believe that it was fair and equitable, and so the board
directed us to come back with registration by property and a -- and a
less --
COMMISSIONER COYLE: Onerous.
MR. MUDD: -- onerous penalizing late fee that was capped.
COMMISSIONER COYLE: Okay. But none of this is going to
be retroactive.
MR. MUDD: No, sir. The thing -- the only thing that's going to
be retroactive, based on the guidance I just received, if the board so
approved, is the fact that any late fees that are owed between 2005,
2006,2007, would be put on hold until the state attorney's
investigation is over, and then we bring this item back to talk about
what you want us to do specifically to go retroactive, 2005, 2006,
2007.
COMMISSIONER COYLE: Okay. All right. I got it.
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October 23EN,51em
CHAIRMAN COLETTA: Any other comments?
COMMISSIONER FIALA: Commissioner Coletta?
CHAIRMAN COLETTA: Yes, please. Go ahead.
COMMISSIONER FIALA: Okay. I'm sorry if! interrupted
anybody. I didn't mean to do that.
Do we have a policy in place for what we are going to be doing
about late fees for people who are continuously delinquent?
CHAIRMAN COLETTA: Yes, we do.
MR MUDD: Moving forward, it's in there, and then we'll
address that after the investigation.
COMMISSIONER FIALA: Okay, thank you.
CHAIRMAN COLETTA: Did you catch that, Commissioner
Fiala?
COMMISSIONER HENNING: She said yes.
MR. MUDD: Yes, she did. She said thank you.
CHAIRMAN COLETTA: Thank you. Any other comments?
(No response.)
CHAIRMAN COLETTA: All those in favor, indicate by saying
aye.
COMMISSIONER COYLE: Aye.
COMMISSIONER HALAS: Aye.
CHAIRMAN COLETTA: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN COLETTA: Opposed?
(No response.)
CHAIRMAN COLETTA: The ayes have it, 5-0.
Thank you very much for being here.
(Applause.)
MR. MUDD: We're going to take a short break.
Commissioner Fiala, you all right for a short break?
COMMISSIONER FIALA: You betcha.
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Agenda Item No. 10F
June 10, 2008
October 231:2'4',~etJ1
CHAIRMAN COLETTA: Okay. We'll see you in 10 minutes.
COMMISSIONER FIALA: Okay.
(A brief recess was had.)
MR. MUDD: You have a hot mike, Commissioners.
Item #10Q
AUTHORIZING THE PREPARATION OF AN ORDINANCE
AMENDING SECTION SIX OF ORDINANCE NO. 2004-62 BY
PROVIDING FOR A TWO-YEAR EXTENSION OF THE TERM
OF THE IMMOKALEE MASTER PLAN AND VISIONING
COMMITTEE FROM DECEMBER 31, 2007 TO DECEMBER 31,
2009 - APPROVED; COMMITTEE DIRECTION GIVEN
Commissioner, the next item on the agenda is lOQ. This is a
recommendation that Collier County Board of County Commissioners
authorize the preparation of an ordinance amending section 6 of
ordinance number 2004-62 by providing for a two-year extension of
the term of the Immokalee Master Plan and Visioning Committee for
December 31,2007 to December 31,2009.
Mr. Thomas Greenwood, Principal Planner with Comprehensive
Planning, will present.
MR. GREENWOOD: Tom Greenwood, for the record,
Comprehensive Planning. This is an executive summary simply to get
direction from the board whether or not you wish to extend for a
two-year period the dissolution date of the Immokalee Master Plan and
Visioning Committee.
Right now, the way the ordinance is drafted and adopted, the
committee would be dissolved at the end of this calendar year. As an
update, the Immokalee Master Plan and Visioning Committee has
gotten to the point where they've got a draft master plan for
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Agenda Item NO.1 OF
June 10, 2008
Page 59 of 89
Item #17E
BAR RESOLUTION 2007-04: RESOLUTION APPROVING
AMENDMENTS (APPROPRIATING CARRY FORWARD,
TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE
FISCAL YEAR 2006-07 ADOPTED BUDGET
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 4:12 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
JIM COLETTA, Chairman
ATTEST:
DWIGHT E. BROCK, CLERK
These minutes approved by the Board on
presented or as corrected
, as
Page 392
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~ (\(\1Nt\\ ~ ORDINANCE NO. 2004-2jL
~ \t~ j N ORDINANCE ESTABLISHING A PROPERTY
0$',- <0' MAINTENANCE CODE FOR THE UNINCORPORATED AREA
"C'~ZZ~7.dt"...<t> OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE;
PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR
GENERAL PROVISIONS; PROVIDING DEFINtTlONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING
FOR COMPLIANCE WITH HOUSING STANDARDS;
PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS
AND PROCEDURES; DESIGNATING THE HOUSING
OFFICIAL POWERS AND DUTIES; PROVIDING FOR
INSPECTION OF STRUCTURES AND PREMISES; PROVIDING
FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A
METHOD FOR DESIGNATING HAZARDOUS BUILDINGS;
PROVIDING FOR STANDARDS FOR THE REPAIR OR
DEMOLITION OF HAZARDOCS BUILDINGS BY THE
COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF
REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER
WHEN ABATEMENT EXECUTED BY THE COUNTY;
PROVIDING FOR THE VACATION OF HAZARDOUS
BUILDINGS; PRO\lD1NG THE RESPONSIBILITY FOR
PROPERTY MAINTENANCE: PROVIDING THE
RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRUCTURES. VACANT BUILDINGS, VACANT STRUCTURES,
AND VACANT OR UNIMPROVED LOTS; REQUIRING A
CERTIFICATE FOR A llOARDED BllILOING; PROVIDING
FOR NUISANCES; I'ROVIDING STANDARDS FOR SEClJRING
BlllLDING; PROVIDING FOR EXCEPTIONS TO BOARDING
REQUIREMENTS; PROVIDtNG FOR COSTS INCURRED BY
THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING
FOR A NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE; REPEALING
COLI.lER COlJNTY ORDINANCES 76-70. 89-06. 96-76 AND 99-
5S; I'ROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL
CONSTRl:CTlON; PROVIDING FOR INCLl'SION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE.
Agenda Item NO.1 OF
June 10, 2008
Page 60 of 89
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WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety
and welfare of the citizens of Collier County; and
WHEREAS, within the jurisdiction of Collier County. Florida. there are or may be dwellings and
dwelling units which are unfit for human habitation and use due to inadequate maintenance. obsolescence
or abandonment and which contain defects which increase the hazards of fire, accident, or other
calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and
sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and
detrimental to the health, safety, and general welfare of the community; and
WHEREAS, experience and accepted national housing surveys have clearly demonstrated that
such conditions result in a large measure from improper maintenance, inadequate sanitary facllities,
overcrowding conditions in residential occupancies, building and premises. and from general
neighborhood neglect and
WHEREAS, such unsafe and unsanitary conditions can he improved and often eliminated or
prevented !hrough adopted and enforced how_ing standards. resulting in the upgrading of living conditions
and an overall enhancement or the general health, safety, and welfare ofall residents and property owners
of the community: and
WHEREAS, there exists conditions within the unincorporated areas of Collier County where
structures used for commercial and non.residential purposes are, or may become in the future,
substandard and further that such conditions, including but not limited to, structural deterioration, lack of
Agenda Item No.1 OF
June 10, 2008
Page 61 of 89
maintenance and appearance of exterior premises constiwte a menace to the health, safety, welfare,
morals and reasonable comfort of the unincorporated County's inhabitants; and
WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain
properties have the effect of creating slum and blight conditions which, if not curtailed and removed, will
grow and spread; and
WHEREAS, by reason of timely regulations and restrictions contained herein. the growth of
slums and blight may be prevented and the neighborhood and property values thereby maintained; and
WHEREAS. the Collier County Board of County Commissioners finds it is important to protect
and enhance the property values of the unincorporated County; and
WHEREAS, the Collier County Board of County Commissioners finds it is important to beautify
and preserve the appearance and aesthetic qualities of the neighborhoods, to control population density,
and to control parking and traffic facllities in the unincorporated County; and
WHEREAS, the Collier County Board of County Commissioners finds it is necessary to
establish requirements for the minimal maintenance of vacant and boarded properties to prevent blight in
the unincorporated County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUSTY, FLORIDA that:
SECTION ONE: TITLE
This Ordinance shall be known and may be cited as the ';Collier County Property Maintenance
Code."
SECTlO"" TWO: PURPOSE AND SCOPE
L This Ordinance establishes minimum standards for the maintenance, upkeep, and
appearance of improved or unimproved premises; to minimize impacts of construction; and provides a
just, equitable and practicable method to prevent:
a. Residential and commercial buildings, structures, and premises from causing and/or
endangering life, limb. health, safety or welfare of the general public or their
occupants; or
h. Diminished property values; or
c. Detracting from the appearance of the residential area.
2. The provision of this Ordinance shall apply in the unincorporated area of Collier County
to every porrion of a building or premises. used or intended to he used as dwelling unit in whole or in
part, and every portion of a commercial or non-residential building or structure, regardless of the primary
use of such building or structure and regardless of when such building or structure was constructed,
altered or repaired.
SECTION THREE: GENERAL PROVISIOSS
I. Mailllenance. Equipment systems, devices and safeguards required by this Code or a prior code
under which the structure or premises was constructed, altered or repaired, shall be maintained in good
working order. The requirements of this code are not intended 10 provide the basis for removal or
abrogation of fire protection. safety systems and devices in existing structures. Except as otherwise
specified herein, the owner shall he responsihle for the maintenance of buildings, structures and premises.
2. Appli('(/tfol1 (![ o!fler codes. Repairs. additions or alterations to a structure. or change of
occupancy shall be pcrfonned in accordance with the procedures and provisions of the code applicable at
the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any
provisions of this section.
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3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair other
remedies of any local. state or federal jurisdiction or its officers or agencies relating to the removal or
demolition of any structure.
4. Requirements not covered by this Code. The Building Official shall determine requirements
necessary for the strength. stability or property operation and general conditions acceptable for an existing
fixture. structure or equipment not specifically covered by this code.
5. Deviation from Code. Where practical difficulties are prohibitive in carrying out the provisions
of this Code, the Community Development Administrator, or designee, in coordination with the
appropriate licensed authority, if applicable, has the authority to grant modifications for individual cases.
The modification shall be in compliance with the intent and purpose of this Code and shall not lesson
health, life and fire safety requirements. The basis for granting modifications shall be recorded and
entered in the Department files.
6. Compliance. It shall be the duty of each and every owner and operator of improved or
unimproved property within the unincorporated County to comply with the requirements set forth in this
Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in
confHct with the requirements of this Ordinance.
7. COI!flicl with other wdes. The provisions of this article shall apply to all buildings, structures or
premises in existence or built within the unincorporated County. Where the provisions of this Ordinance
impnse a standard different than that set forth in any other County ordinance or state law, the most
restrictive standard shall apply.
SECTION FOUR:
DEFINITIONS
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When used in this Code, the following terms shall have the following meanings, unless the
con lent clearly otherv.:ise requires:
1. A CCESSORY USE OR STRUCTURE - a use or structure of a nature customarily
incidental and subordinate to the principal use or structure, and, on the same premises. On the same
premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on
a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be
considered a part thereof, and not an accessory structure.
2. ATTIe _ any story situated wholly or partly in the roof, so designated. arranged or built
to be used for storage or uninhabitable space.
3. BOARD - Board of County Commissioners of Collier County. Florida.
4. BOARDING - the placement of plywood or some type of construction material as a
temporary barrier to cover and obscure a window. storefront or access to a structure.
5. BUILDING - a structure of any kind, which is built or constructed of parts joined
together in some definite manner, which requires a fixed location on, or in the bJfOund attached to
something' having a fixed location on or in the ground.
6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the
ColEer County Board of County Commissioners.
7. BUILDING OFFICIAL - the individual charged with the responsibility to administer.
supcl'vise. direct. enCorce. or rerfom1 the permitting and inspection of construction. alteration, repair.
remodeling, or demolition of structures and the installation of building systems, to ensure compliance
with the Building Code.
8. CODE ENFORCEMENT BOARD ~ The Collier County Code Enforcement Board
created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida
Statutes.
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,..""'",.......""..;_."_",........c..~,,,'"~,'<,
Agenda Item No. 10F
June 10, 2008
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9. CODE ENFORCEMENT INVESTIGATOR. any authorized agent, representative, or
County employee designated by the Housing Official to ensure compliance and enforcement of the
provisions of this Code.
10. CONDEMNATION - the declaration by a Housing Official or designee that a property
or structure is unfit for use or habitation or dangerous to a person or other property pursuant to Chapter
553, Part VI, Florida Statutes, with consultation from the Fire Department, Health Department, Building
Official, or other applicable agency.
It. COUNTY MANAGER. County Manager or his designee.
12, DANGEROUS BUILDINGS AND STRUCTURES- .11 buildings. dwelling units or
structures which are unsafe, unsanitary, unfit for human habitation. or do not provide for adequate egress.
or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to
existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be
classified as anyone of the following:
a. A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes
a fire hazard; or
b. A structure or dwelling unit which in the opinion of the Health Inspector,
constitutes a threat to the health of its occupants or to the health of the general public by
reason of the unsanitary. infectious or defective condition of said building; or
c. A structure or dwelling unit. whIch in the opinion of the Building Official or
designee or a Florida State Certi tied engineer falls below minimum structural standards;
or
d. A structure or dwelling unit, the interior walls or other vertical structure members
of which list, lean or buckle to the extent that a plumb line passing through Its center of
gravity falls outside of the middle third of its base; or
e. A structure or dwelling unit. ex.clusive of the foundation, which evidences 33% or
greater damage to or deterioration of the non-supporting, enclosing, or outside walls or
covering; or
f. A structure or dwelling unit existing in violation of any provision of the Building
Code or any other ordinance of the County.
13. DEBRIS any material which is stored externally or internally and shall include, but not
be limited to the following: discarded household items; inoperative or discarded machinery, automobiles
or appliances; refuse. rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing
fixtures, insulation. and other building material.
14. DETERIORATION - a lowering in quality in the condition or appearance ofa building
or parts I~ereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or
any other evidence or physical decay or neglect. or excessive use, or lack of maintenance, including the
landscaping and parking areas.
15. DILAPIDATED - substantial deterioration of a huilding or parts thereof, such that said
huilding. or a portion thereof, is no longer adequate for the purpose or use for which it was originally
intended.
1(1. DWELLllVG UNIT -. A single unit WIthin a building providing complete independent
living facilities for one or more persons including permanent provisions for living, sleeping, eating,
cooking and sanitation.
17. ELECTRlCAL CODE - National Electrical Code. as it may be amended or its successor.
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18. FIRE INSPECTOR - One certified to have met the inspection training requirements by
the Division of Sate Fire Marshall of the Department oflnsurance.
J 9. GARBA GE _ any animal or vegetable waste resulting from the handling, preparation,
cooking, and consumption offaod, including food containers ofaoy type.
20. GAS CODE -'- the Building Code revisions, as may be amended or its successor.
21. HABIT ABLE ROOM - a space in a structure for Hving, sleeping, eating or cooking.
Bathrooms. toilet compartments, closets. halls, screen enclosures, storage or utility space, and similar
areas are not considered habitable space.
22. HEALTH INSPECTOR - the Director of the Collier County Health Department or his
or her designee.
23. HOUSING OFFICIAL - the officer charged with the administration and enforcement of
this Code or a duly authorized representative or representatives. The Code Enforcement Director is
hereby designated to be the Housing Official.
24. IMPROVED PROPERTY - real property, which contains a building(s) or other
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structural improvements.
2"5. INFESTA TlON - the presence within or around a structure of insects, rodents, or pests,
which are detrimental to the public health, safety, and general welfare of the residents or occupants, or
neighboring propertieR.
26. INOPERA TIVE VEHICLE(S) - vehicles or trailers of any type that are: not
immediately operable. used for the purpose for which they were manufactured, in need of mechanical or
electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined
in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have
current valid license plates.
27. LOCAL AGENT OR OPERATOR - a person or representative of a corporation.
partnership, firm. joint venture, trust, association, organization or other entity, having his or her place of
residence in Collier County and designated by the owner to maintain such premises in compliance with
the provisions of this Ordinance under the Rental Registration Section. The owner may act as the local
agent so long as he/sl1e resides in the County.
28. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure.
This term shall include, but is not limited to, any occupied or unoccupied structure, commercial structures
or buildings, mixed use buildings or !>tructures that include both dwelling units and office or retail
combinations, and every other structure that is not a dwelling.
29. NUISANCE - Unsanitary conditions or anything offensive to the senses or dangerous to
health.
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30. OCCUPANT - any person living, sleeping, cooking or eating in, or having actual
possession of, a dwelling unit, within the confines ofaoy building or structure.
31. OPENABLE AREA - any part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
32. OWNER - the holder of the title of property, if fee simple, and any person, group of
persons, company, association or corporation in whose name tax bills on the property are issued. it shall
also mean an)' person who, alone or joinlly or severally with others; (a) shall have legal title to any
dwelling unit with or without accompanying actual possession thereof; or (b) shaH have charge. of or
control of any dwelling unit as owner, personal representative, executor, executrix., administrator, trustee,
guardian of the estate of the owner, mortgagee or vendee in possession. or assignee of rents, lessee. or
other person. finn, or corporation in control of a building; or their duly authorized agents. Any such
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Agenda Item NO.1 OF
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person thus representing the actual owner shall be bound to comply with the provisions of this Code, and
of rules and regulations adopted pursuant thereto. to the same extent as jf he were the owner. It is his
responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the
property. which apply to the owner.
33. OXYGEN DEPLETION SENSING SYSTEM (ODSS)- an automatic pilot and shutoff
system. Incorporates a pilot designed to be stable within narrow conditions of operation, which is
designed to blowout or lift off under reduced oxygen atmospheres. resulting in gas shutoff by a
companion valve.
34. PERSON- any individual, firm. corporation. association, partnership or other entity.
35. PLUMBING CODE ~ the Building Code revisions, as may be amended or its successor.
36. PREMISES - a lot, plot or parcel of land, or portion thereof, including the buildings or
structures thereon.
37. RENTAL REG1STRA TIONS - the registering of residential rental units with the Collier
County Code Enforcement Department.
38. RENTAL UNIT -A rental unit is any dwelling unit that is not owner occupied but
occupiedOby someone other than the owner for any portion of a calendar year.
39. RESIDENTIAL STRUCTURES - any dwelling unit or structure where any part is used
or intended to be used for living, sleeping, cooking or eating.
40. RCJBBISH --- any waste material other than garbage.
41. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including
the window portion therein. The assembly mayor may not have an operable section to provide
ventilation.
42. SPECIAL MASTER - an attorney designated by the Board of County Commissioners
pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and assess fines against
violators of Collier County Codes and Ordinances.
43. STAIRWAYS - one or more flights or stairs and the necessary landings and platforms
which form a continuous and uninterrupted passage from one story to another, within or attached to the
exterior of a building or structure.
44. STORY _ that portion of a building included between the upper surface of any floor and
the upper surface of the floor next above, included between the upper surface of the topmost floor and the
ceiling or roof above.
45. STRUCTURE anything constructed or erected which requires the fixed location on the
ground. or in the ground, or altached to something having a fixed location on or in the ground, including,
hut not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines.
460 SUBSTANDARD - any residential or commercial building or structure used as a
dwelling ~nit WhlCh is so damaged, decayed, dilapidated, or vennin infested that it creates a hazard to the
health or safety of the occupants/publico Any such unit that lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safery of the occupants/public shall be considered to be unsafe,
and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be
deemed substandard if built and maintained in accordance WIth the building code at the time of
construction.
47. VENTiLATION -- the process of supplying and removing air by natural or mechanical
means to or from any structure, building or dwelling.
48. WEA THERPROOF - able to withstand exposure to weather without damage or loss of
function.
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Agenda Item No. 10F
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49. WEATHERTIGHT - able to exclude wind and rain under typical local weather
conditions.
50. YARD _ an open. unoccupied space on the same lot with a building, structure Of
dwelling,
51. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development
Code) fOf unincorporated Collier County, as it may be amended.
SECTION FIVE:
RULES OF CONSTRUCTION
For purposes of administration and enforcement of this Housing Code, unless otherwise stated in
this ordinance, the following rules of construction shall apply:
1. The word "sha]1" is always mandatory and not discretionary and the word "may" is
permissive.
2. Words used in the present tense shall include the plural future; and words used in the
singular shall include the plural and the plural singular, unless the context clearly
indicates the contrary; use of the masculine gender shall include the feminine gender.
j. The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in
this Ordinance, they shall be construed as though they were followed by the words "or
any parts thereof'.
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SECTION SIX:
COMPLIANCE WITH HOUSING STANDARDS
All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as
hereinafter set forth:
1. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than
one (I) kitchen sink with counter work space, one (1) lavatory basin. one (1) tub or shower, and one (])
commode. all in good working condition and properly connected to an approved water and sanitary sewer
system as approved hy Collier County or the Collier County Public Health Department, as applicable.
Every plumbing fixture and water and wastewater pipe connection shall be properly installed in
accordance with the Plumbing Code and maintained in good sanitary working condition, free from
defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit. and be
accessible to the occupants of the dwelling unit. The commode, tub or !ihower. and lavatory basin shall
be located in a room affording privacy to the user.
2. //01' AND COLD W.4TER SVPPLY.- Every dwelling. or dwelling unit, shall have
connections to the kitchen ~ink, lavatory basin, tub or shower, and an adequate supply oCboth hot and
cold wate~. all in good working condition. All connections shaH be supplied through an approved pipe
distribution system connected to a potable water supply.
3. WATER HEA T1NG FACILITIES - Every dwelling unit shall have water heating
facilities which are properly installed and maintained in a safe and good working condition and are
capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every
required kitchen sink. lavatory basin, and bathtub or shower. at a temperature of not less than 120 degrees
Fahrcnheit.
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4. HEATING FACILITIES - Every dwelling unit shall be equipped with heating
equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of
68 degrees Fahrenheit under ordinary minimum southwest Florida winter condItions. Any electrical
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Agenda Item NO.1 OF
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heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical
Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire
heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System
(ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used
under any conditions.
5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range
and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate
garbage or rubbish disposal facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTILATION - Every habitable room ofa dwelling unit shall meet the
minimum size and access requirements of the Building Code.
8. BATHROOM - Every bathroom ofa dwelling unit shall comply with the minimum light
and ventilation requirements for habitable rooms except that no window or skylight shall be required in
adeq~ateiy ventilated bathrooms equipped with a mechanically ventilating air system.
9. ELECTRIC L1GHTS AND OUTLETS - Every dwelling unit shall be wired for electric
lights and convenience outlets, all in good working condition. Every room shall contain at least one wall.
type electrical convenience outlet as specified in the provisions of the Electrical Code. in effect at the time
of violation.
10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a
structure containing three or more dwelling units shall be adequately lighted at all times. Structures with
less than three dwe1Jing units shall be supplied with a conveniently located light switch that controls an
adequate light system that can be turned on when needed if continuous lighting is not provided.
11. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring
ofa dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical
power in accordance with the provisions of the Electrical Code. in effect at the time of violation.
12. EXTERIOR AND fNTERIOR STRUCTURES OF DWELUNG UNITS - all the
following component ofa dwelling unit shall be maintained in good condition.
a. FOUNDA TlON- The building foundation walls or other structural elements
shall be maintained in a safe manner and be capable of supporting the load which nonnal use may
place thereon.
b. EATERfOR WALLS - The exterior walls shall he maintained free from holes,
breaks and loose or roning materiaL Such exterior walls shall also be substantially weather tight
and weatherproof. and surfaces properly coated as needed to prevent infestation and deterioration.
Decorative features such as: cornices, helt courses, corbels. trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall
be removed or repainted to match existing surfaces.
c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which
might admit rain or cause dampness in the wall or interior portion of the building.
d. Mr,'ANS OF f,NGRESS'/EGRESS - Every dwelling unit shall have a safe.
unobstructed means ofingressleb-rress leading to J sJfe and open space. A second means of
escape or egress may be required in accordance with the Building Code as amended by Collier
County.
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Agenda Item No.1 OF
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("
e. A ITIC ACCESS - Access to the attic shall be provided by means of an access
panel within the dwelling unit. This provision does not require tenant access.
f. STAIRS. PORCHES, AND APPURTENANCES - Every inside and outside
stairway, stair. porch, and any appurtenance thereto, shall be maintained in a safe condition,
capable of supporting a load that normal use may place thereon, and in accordance with the
Building Code as enacted by Collier County.
g. PROTECTIVE/GUARD RAIliNGS ~ Protective/guard railings shall be required
in the manner prescribed by the Building Code. Such railings shall be maintained in good
condition and be capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the
Building Code.
1. WINDOWS AND EXTERIOR DOORS - Every window. exterior door, shall be
properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and
weatherproof, and maintained in good repair. Every window required for light and ventilation for
habitable rooms shall be capable of being opened easily and secured in a position by window
hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes.
Openings originally designed as windows and doors shan be maintained as such, unless approved
by the Building Official for enclosure. The closing in of a window or door shall be by bricking
the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of
an authorized building material and finishing the exterior with like material of the original
exterior surface, or boarding the opening. When boarding is used. it shall be trim fit, sealed to
prevent water intrusion, and painted or stained to conform with the other exterior ponions of the
building. The boarding shall remain in place no longer than 18 months, unless an extension is
granted by Code Enforcement Special Master.
j. WINDOW SASJ-I- Window sashes shall be properly fitted and weather-tight
within the window rrame.
k. HARDWARE - Every door shall be provided with proper hardware and
maintained in good condition.
1.
SCREENS-
Every window or other device used or intended to be used for
ventilation which opens directly to the outdoor space shall have screens. Dwelling units which
contain operable central heating and air-conditioning systems are not required to have screens on
doors and windows.
m. PROTECTIVE TREATMENT - All exterior surfaces other than decay-resistant
woods shall be protected from the elements by painting or other protective covering according to
manufacture's specifications.
n. ACCESSORY STRUCTURE - All accessory structures shall be maintained and
kept in good repair and sound structural condition.
o. INTERiOR DOORS - Every interior door shall be properly fitted within its
frame.
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p. iNTERIOR FLOOR. W:4LLS AND CEfLTNG- Every dwelling unit shall have a
permanent noor of approved m.aterial prescribed by the Building Code. Every floor and interior
wall shall be free from infestation and maintained in good repair to prevent deterioration and shall
be capable of supporting the load which nonnal use may cause to be placed thereon.
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q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be
maintained in good repair and show no evidence of deterioration which would render it incapable
of carrying loads which normal use may cause to be placed thereon.
r. GUTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained
in good repair and shall be neatly located and securely installed.
13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the
minimum space footage requirements of the Land Development Code and shall contain at least 250
square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet
of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No
habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the
Building Code.
14. MINIMUM CEILING HEIGHT ~ Habitable space other than kitchens, storage rooms
and laundry rooms shall have a ceiling height of not les5; then the minimum ceiling height requirements
specified in the building code at the time of construction.
15. POOL MAINTENANCE. PRIVATE - all swimming pools, spas and architectural pools,
ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be
properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be
allowed to stagnate or become polluted. All poots shall be free from unsightly appearance, including but
not limited to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION - no space conslTucted
below the then minimum flood elevation at the time of original construction shall be used as a habitable
space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game
room) and improved to meet FEMA requirements.
17. RESIDENT/AL PARKING FACILITES - all residential properties must provide
parking facilities in accordance with the Collier County Land Development Code and shall be treated
with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be
maintained in good condition and repairs to the parking surfaces must be made with like material.
18. BOAT HOUSES ~ All boathouses within the unincorporated County must be maintained
so as to prevent decay, as characterized by holes. breaks, rot. rusting or peeling paint. All exposed
surfaces of metal or wood shall be protected from the elements, decay or rust.
19. SANITATlONREQUlREMENTS-
a. All public or shared areas, and habitable rooms of any dwelling unit structure,
accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or
owner. in accordance with Health Department standards,
b. Nothing shall he placed, constructed, or maintained on any premise that conflicts
with this code so as to constitute a nuisance or fire hazard.
c. All buildings, structures. accessory structures (including private swinuning
pools), dwelling units shall be regularly maintained and kept free of infestation.
d. The plumbing fixtures in every dwelling unit, building or structure shall be
maintained in a clean and sanitary condition as prescribed by the Health Department.
20. SMOKE DETECTORS - All dwelling units ~hall be equipped with smoke detectors to
meet the minimum Ruilding and Fire Code requirements. 1(' the structure was built without wired
detectors, battery opemted smoke detectors are recommended for installation. All rental units shall have
smoke detectors that meet the Residential Landlord and Tenant Act.
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SECTION SEVEN: RENTAL REGISTRATION REOUlREMENTS AND PROCEDURES
Air rental units in unincorporated Collier County must obtain a registration certificate from
Collier County Community Development and Environmental Services Division in accordance with this
section.
1. When any dwelling unit is occupied by someone other than the owner for any portion of a
calendar year. a rebuttable presumption arises that the dwelling unit is a rental unit. The presumption
may be rebutted by evidence that the occupancy of the dwelling unit is due to housesitting, baby-sitting,
pet sitting, or the like.
2. REGISTRATION OF RENTAL UNITS REQUIRED - The owner(s) of any rental unit
shall register each rental unit with the Conier County Community Development and Environmental
Services Administrator. or his designee, and shall designate an individual or entity as the Local Agent or
Operator for the registered rental unit. Registration shall be made prior to the use of any dwelling unit as
a rental unit.
3. APPLICATION FOR REGISTRATION PROCEDURES - Application for registration
shall ~e completed for each rental unit located in the unincorporated Collier County and in accordance
with such instructions as may be prOVIded by the Corrununity Development and Environmental Services
Administrator, or his designee, and include at a minimum. the following information:
a. The name and addresses and telephone numbers of all owners of the rental unit.
b. The name, local address and telephone number of the responsible local agent or
operator.
c. The number of rental units and the address(es) of each rental unit.
d. The name and address of any mortgage holder.
4. LOCAL AGENT OR OPERATOR - A person or representative of a corporation,
partnership, finn, joint venture, trust., association, organization or other entity, having his or her place of
residence or business in Collier County designated by the owner to operate and/or manage such premises
in accordance with the following provisions.
a. Local Agent or Operator Requirements - The Local Agent or Operator must be
either: an individual who resides within Collier County and is a minimum of 18 years of age, a
local business entity pos!>essing a Collier County Occupational License who is registered with
and known by the Florida Department of State, or the property owner, provided he/she is a
resident of Collier County. A real estate agent or broker of the owner shall not be deemed a
"Local Agent" for purposes of this section unless said real estate agent or broker is registered in
accordance with this section.
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b. Duties and Responsibilities - The designated Local Agent or Operator shall at all
times ensure the rental unit(s), for which he is responsible, is in compliance with all Collier
County Codes and Ordinances. The Local Agent or Operator shall be vested with the authority to
receive notices of violation and shall be vested with the authority to consent to access to such
residence to duly authorized public officials conducting inspections necessary to ensure
compliance with the terms of this Ordinance. All official notices of violation of all Collier
County Codes and Ordinances served to the Local Agent or Operator shall be deemed to have
been served upon the owner of record.
c. Property Owner and Local Agent Agreement - Any person(s) or entity
designated by the property owner(s) to act as Local Agent or Operator must accept the duties and
responsibilities as set forth in this Ordinance. Such acceptance shall be indicated by written
agreement by and between the property owner(s) and the named Local Agent or Operator, which
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Agenda Item NO.1 OF
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shall be duly noted on the application for Rental Unit Registration. Withdrawal of such an
agreement shall result in revocation of said registration. Failure to provide said agreement shall
be grounds to refuse issuance afRental Unit Registration thereby constituting a violation ofthig
section.
5. TERMS, EXPIRATION, RENEWALS AND TRANSFERS - Rental unit registration
cenificates shall be issued for a period of one (I) year. Said registration shall be updated annually on or
before June 3011', Delinquent registrations will result in a daily penalty as established by resolution of the
Board of County Commissioners. Should a change occur in ownership or Local Agent or Operator
information, a transfer or supplemental registration shall be filed with the Community Development and
Environmental Services Division within ten (10) days of such change by the property owner(s). Any
change in ownership or Local Agent or Operator infonnation without notice to the County shall result in
revocation or cancellation of said registration and shall be deemed a violation of this Ordinance.
6. RENTAL UNIT INSPECTIONS - All rental units registered with Collier County may be
inspected, for an additional fee, by the Housing Official, or designee, in accordance with this Ordinance
to ensure the housing conditions and surrounding premises are in compliance with the Codes and
Ordinanc'es for Collier County. All non~compliant conditions shall result in a failed inspection and denial
ora rental unit registration certificate, Notice of the non-compliant conditions will be provided to the
owner and agent and such conditions shall require correction in a timely manner. Repeated non~
compliance with any Code affecting premise shall require an alU1ual inspection until the premise has been
found free of violations for at least two (2) consecutive years.
7. REVOCATION i CANCELLATION - The Collier County Community Development and
Environmental Services Division Administrator, or his designee, may revoke or cancel a registration on
the following grounds: 1) information contamed on the registration is false or material facts have been
omitted, 2) a person or business registered under this section has violated county laws or ordinances for
the protection of the public health. safety. or welfare and it is determined that the continued rental
registration would be detrimental to the public health. safety. or welfare, or 3) payment of rental
registration fees are dishonored by a financial institution. Revocation or cancellation of registration shall
constitute an unregistered rental unit.
8. APPEALS TO REVOCATION I CANCELLATION OF CERTIFICATE - Priorto the
cancellation or revocation of a license under this section, the County shall notify the owner of the grounds
for sueh cancellation or revocation and of the right of such person to request a hearing before the Code
Enforcement Board. Procedures for the notices and hearings shall be set forth in the Code Enforcement
Board Ordinance.
SECTION EIGHT: ESTABLISHMENT OF HOUSING OFFICAL -DESIGNATION: POWERS
AND DUTIES
There is hereby established the position of Housing Official who is hereby charged with the duty
of administering the applicable standards set forth in this Ordinance and securing compliance with the
minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is hereby
designated to be the Housing Official established by this section. The Housing Official is hereby
authorized to:
1. Conduct inspections or take other appropriate action to require compliance \\!ith this
Ordinance;
2. Investigate alleged violations of this Ordinance and to enter upon real property in the
conduct of official business;
3. Issue notices of violation and written demands to correct violations of this Ordinance;
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Agenda Item NO.1 OF
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4. Initiate any and all other criminal or civil enforcement action as may be authorized by
law to require compliance with this Ordinance;
5. Appoint Code Enforcement Investigators to assist with the enforcement of this
Ordinance.
SECfION NINE: INSPECTION OF STRUCTURES AND PREMISES.
I. Complaint-driven or inspector-initiated inspections of properties subject to this
Ordinance shall be conducted by the County to ensure that such properties are in compliance with the
provisions of this Property Maintenance Code; provided, however, this provision shall not be interpreted
as authorizing the County to conduct inspections of properties without the consent of the owner or
occupant or without a warrant. In securing consent, or at the time of inspection, the Housing Official or
the Code Enforcement Investigator shall present County-issued identification and shall explain to the
owner, occupant or operator the purpose of the inspection.
2. If the inspection of a property reveals violations of the provisions of this Property
Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a
random sampling of the properties involved which may include multiple units.
3. For Inspections involving multiple units at one location and upon consent of owner or
designee or issuance of inspection warrant. a random sampling of the properties will be inspected as
follows:
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a. 1 to 4 units, all units;
b. 5 to 10 units, 50% of units;
c. 11 to 29 units, 20% of units;
d. 30 to 49 units, 15% of units;
e. 50 or greater, if one location. 5% of the units with a maximum 0[20 units.
In the case of 50 or greater units, if the Housing Official finds one or more serious, health, safety
or habitability violations in 5% of the units, the Official may ask to inspect more units to a total of 100%
of the units in the development community. The Housing Official may assess a noncompliance
inspection fee of$50.00 per unit inspected, per re-inspection, ifany violation still exists after allowance
of a reasonable time period for compliance.
4- The Housing Official and all appointed designees are autnorized and directed, in
accordance with this Section. to enter and inspect dwelling units. buildings, structures and premises to
deternline their condition in order to assure compliance with the provisions of this Code or upon receipt
of complaints or when the Housing Official has cause to believe a violation of this Code exists.
Inspections shall take place during the regular business hours of Collier County Government, or at a time
mutually agreed upon by the Housing Official and the owner, operator or occupants. Should the owner,
agent. operator or occupant fail to make the mutually agreed upon inspection, a final inspection must be
obtained within 30 days of the original inspection date.
S: The owner, operator. occupant or other person in control of the dwelling unit, building,
structure or premises shall, upon consent, allow the Housing Official or designee free and unrestricted
access to all areas subject to the provisions of this Ordinance for purposes of a full and complete
inspection. In the event that the Housing Official or designee is denied access or cannot obtain access to a
dwelling unit building, structure or premises for purposes of inspection, the Housing Official or designee
is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection
pursuant to Chapter 933, Florida Statutes. as it may be amended or replaced.
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Agenda Item NO.1 OF
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SECTION TEN: NOTICE OF VIOLATION PROCEDURES.
Whenever the Housing Official or Code Enforcement Investigator determines that a violation of
this Ordinance exists. the following action shall be taken:
1. The Housing Official or Code Enforcement Investigator shall provide written notice of
any alleged violation to the owner, operator or other party responsible for the dwelling unit, building,
structure or premises. Such written notice of violation shaH include the following:
a. A description of the location of the structure involved, either by street address or
legal description;
b. A statement ofthe facts supporting the violation and the reason why the notice of
violation has been issued;
c. A reference to the Section or Sections of this Ordinance and any applicable code or
ordinance upon which the violation is based;
d. If repairs or alterations will bring the structure into compliance with this Ordinance, a
statement of the nature and extent of such repairs or alterations necessary to comply with this
article;
e. If repairs or alterations are necessary for compliance, a specified time within which
such repairs or alterations are required to be made;
f. If the violation is of such character that repairs or alterations cannot bring the
structure into compliance, a statement to that effect and an order for vacating the premises with
an explanation therefore and a time frame for vacating the premises;
g. The name or names of persons upon whom the notice of violation is served as stated
in subsection (2) of this Section;
h. A statement advismg that the failure to cure the violation within the time period
stated will result in the Housing Official taking any and all action as may be permitted by law to
abate the violation.
2. The notice of violation may be either personally served upon the owner or served by
certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for
tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall
be posted in a conspicuous place on the premises at which the violations are located and at the County
courthouse at least 10 days prior to the heanng or prior to the expiration of any deadline contained in the
notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner,
operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having
lapsed. Service on the owner's agent or operator at the address listed in owner's Rental Registration
Application by tirst class mail shall substitute for service on the owner. lfthe owner does not occupy the
premises, a copy of the notice of violation shall also be provided to the occupant of the premises.
3. The Housing Official is authorized to condemn any building, dwelling, structure or
accessory structure, which is in violation of this Code and is unsafe. unfit or unsanitary for human
occupation and constitute a dangerous building or structure. The Housing Official may placard the
premises and order the premises be vacated or closed to occupancy when the premises are unsafe. unfit or
unsanitary for human occupancy. The failure of any person to comply with such order within the time
designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized
person removing. defacing or mUliJating any such notice. order or placard as provided for in this Code
shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24
of this Ordinance.
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Agenda Item No. 10F
June 10, 2008
Page 74 of 89
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SECTION ELEVEN: METHOD FOR DESIGNATION AND ELIMINATION OF llAZARDOUS
BUILDINGS
If an appropriate person. as identified under the definition of Dangerous or Hazardous Building,
identifies a hazardous or dangerous condition existing within a building or structure, he shall make an
itemized report of all hazards within the area of his expertise and certify said report to the Housing
Official. The Housing Official shall then notify the owner of the offending property, in writing, and
demand that said owner cause the hazardous condition to be remedied. The notice may be either
personally serviced upon the owner or served by certified mail. return receipt requested, at the address of
the owner as listed in the tax collector's office for tax notices. If the building or structure is occupied. the
Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the
property, or upon the Agent or Operator. In the event that personal service upon the owner or his Agent
nr Operator, cannot be performed after diligent search, then service shall be accomplished by physically
posting the notice upon said property at which the violations are located and at the County courthouse at
least lO days prior to the hearing or prior to the expiration of any deadline contained in the notice.
Posting of the premises shall be considered adequate even if the notice is removed by the ovmer, operator,
occupant.or any other unauthorized or unidentified person prior to the 10 day time period having lapsed.
After service of the notice, the owner shall have 30 days to remedy the hazardous condition, after
obtaining all applicable pennits, or the County will remedy the hazardous condition at the complete cost
of the owner. If the owner wishes to conteslthe Housing Official's determination of the existence ofa
hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of
Collier County within fifteen (15) days from the date of service of the notice. The notice shall be in
substantially the following form:
NOTICE OF DANGEROUS BUILDING
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
Our records indicate that you are the owner(s) of the following property in Collier County,
Florida.
(Describe property by legal description or address)
An inspection ofthis property discloses, and I have found and determined, that a hazardous and
dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or
the general public of Collier County. The specific hazards are as foHows:
(Describe / list hazardous conditions)
You are hereby notified that unless the above dangerous conditions are remedied, so as to make
the property in compliance with this Ordimlllce within thirty (30) days from the date hereof, the
County will remedy the dangerous condition and the cost thereof will be le\.'ied as an assessment
against such properly. You are further norilied t!lat should you desire to contC'st the Housing
Ofticial's determination of the existence of a dangerous building you may apply for a hearing
before the Code Enforcement Board (CEB) (or Special Master of Collier County). Such request
for hearing shall be made in writing to the Secretary to the CEB /Special Master within fifteen
( 15) days from the date of this notice.
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SECTION TWEL VE, STA!';DARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOIIS
BlIlLDING BY THE CO{;!'iTY
If the owner fails 10 repair the hazardous condition within thirty (30) days of service of the notice
that a hazardous condition exists, or within fifteen (15) days of the final determination by the Board that a
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Agenda Item NO.1 OF
June 10, 2008
Page 75 of 89
hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of
dangerous buildings, shall consider the following:
a. Whether the interior walls or other vertical structure members list. lean or buckle to the
extent that a plumb line passing through its center of gravity falls outside of the middle
third of its base; or
b. Whether the non-supportlng. enclosing, or outside walls or covering. exclusive of the
foundation, evidences 33% or gTeater damage to or deterioration; or
c. Whether a structure exists in violation of any provision of the Building Code Of any other
ordinance of the County.
If the building is unoccupied and it is deemed that demolition is not feasible, the building should
be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or
dwellings.
SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT
EXECllTED BY COUNTY
1. If the owner fails to remedy the hazardous condition. the County shall remedy the
hazardous condition and notify the owner of the expense incurred by certified mail. return receipt
requested at the address of the owner as listed in the tax collector's office for tax notices. The Housing
Official shall then certify to the Board of County Commissioners the expense incurred in remedying the
violation, whereupon such expense shall become payable within thirty (30) days. If the ov.:ner fails to pay
the expense incurred within the prescribed time limit, the Board shall cause a resolution to be adopted
assessing a special lien and charge upon the property which shall be payable with interest at the legal rate
as of the date of cenitication by the Housing Official. The notice of assessment shall be in substantially
the following form:
LEGAL NOTICE OF ASSESSMENT
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
You, as the owner of record of the following property;
(Describe property)
are hereby advised that Collier County, Florida did on the _ day of .20__, order that
the hazardous or dangerous condition which existed on the above property be remedied, sending
you notice thereof, the specific hazards being:
(itemize Hazards)
^ copy of such notice has been sent to you or your agent. You have failed to remedy the
hazardous condition: whereupon, it was remedied by ('oilier County at a cost of$ _: such
cost, has been assessed against the above property, in the same manner as a tax lien in favor of
('oHier County on ,20_. You may request a hearing before the Board of
County Commissioners to show cause. if any, why the expenses and charges incurred by rhe
County under this Ordinnnce are excessive or unwarranted or why such expenses should not
constitute a licn against the property. Said request for hearing shall be made to the Clerk of the
Board of County Commissioners in writing within ten (10) days from the date ofthls notice.
Such lien shaH he enforccabfc in the same manner as a tax lien in fa\'"or of Collier County and
may be satisfied at any time by payment thereof including accrued interest. Notice of such lien sha1l be
filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier
County, Florida.
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Agenda Item No. 10F
June 10, 2008
Page 76 of 89
2. If the owner believes that the expense certified by the Housing Official for correcting the
hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of appeal
with the County Manager. with a copy to the Housing Official, within ten (10) working days after the
notice of assessment. The owner may then appear before the Board and present facts supporting his
position, Thereafter. the decision of the Board shall be final.
3. The Property Appraiser shall keep complete records relating to the amount payable for
liens, above described. and the amount of such lien shall be included in tax statements thereafter
submitted to the owners of lands subject to such liens.
SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS
If a dangerous or hazardous building exists. to the extent that it causes danger of imminent peril
to life and health, the Code Enforcement Board or Special Master may order the building to be vacated.
SECfION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAI:'\TENANCE
Every owner of real property within unincorporated Collier County is required to maintain such
property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable
for violations thereof regardless of any contract or agreement with any third party regarding such
property.
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SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRlICTURE. VACANT BUILDINGS. VACANT STRUCTURES. AND
VACANT OR UNIMPROVED LOTS
,.--
All owners of nonresidential structures. vacant buildings. vacant structures and vacant or unimproved lots
shall comply with the following requirements:
I. Nonresidential Structures:
a. All nonresidential structures shall be watertight, weather-tight. insect-proof, and in good
repair.
b. Every foundation. exterior wall and roof shall be reasonably watertight. weather-tight and
rodent-proof. shall adequately support lhe building at all times, and shall be in a workmanlike
state of maintenance and repair.
c. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in
a workmanlike state of repair and in a clean and sanitary condition.
d. All rainwater shall be drained and conveyed from every roof, and the lot shall be graded
and drained, as not to cause dampness in the walls, ceilings, Ooors or basement of a structure.
e. Every window. exterior door shall be reasonably weather-tight, watertight. and rodent-
pr~ofand shall be maintained in sound condition and repair. and secured with proper hardware.
f. Every inside and outside stairv.ray, every porch and every appurtenance thereto shall be
constructed to be safe to use and capable of supporting the load that normal use may cause to be
placed thereon. and it shall be maintained in sound condition and repair.
g. Every supplied plumbing fixture and water and waste pipe shall be properly insta\1ed and
maintained in sanitary working condition, free from defect, leaks, and obstruction.
h. Every toilet. restroom and bathroom noor shall be constructed and. maintained so.as to be
reasonably impervious to water. and such floors shall be kept in a clean and sanitary condition.
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Agenda Item No. 10F
June 10, 2008
Page 77 of 89
I. Every supplied facility, piece of equipment or utility which is required under this chapter
shall be so constructed and installed that it will function safely, and effectively, and shall be
maintained in good working condition.
j. All exterior surfaces shall be protected from decay by painting or other protective
covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be
required to be treated. repainted. or both. All siding shall be weather~resistant and watertight.
k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial Of
nonresidential property in view of the general public.
1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non.
vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could
impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises
or sidewalk and shall not create an adverse affect on adjacent properties.
m. Landscaping maintenance. Where landscaping plans have been specifically incorporated
and approved in a development plan, the landscape areas shall be maintained in a manner equal to
the original landscaping approval.
n. Accessory structures. Garages, storage buildings and all other accessory structures shall
he maintained in good repair and sound structural condition. Structures, attached or unattached to
the principal structure, which are found by the building official to be structurally deficient, shall
be repaired or demolished within the time frame set by the notice of such condition. Maintenance
of accessory structures shall comply with the following:
(1) The exterior of the building and premises to include but not limited to parking
areas and landscaping areas shall be maintained in a sound, clean and neat condition.
(2) Signs shall be maintained in good condition. Where the sign structure remains, the
sign faces are to be replaced with black panels (permit required). The design and color is
subject to approval by the Building Department under the applicable development
regulations.
(3) All advertising structures. awnings and accompanying supporting members shall be
maintained in good repair and shall not constitute a nuisance or safety hazard.
Advertising structures or awnings not properly maintained in accordance with this
subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar
material shall not show evidence of tearing, ripping or holes. Upon removal of
advertising structure or awning, all supporting members shall be removed. Where
supporting members have been left from sign removal prior to adoption of this article,
such supporting member shall be removed within three months of the effective date of
this ordinance. Nothing in this subsection shall be construed to authorize any
encroachments on streets, sidewalks or other parts of the public right-of-way.
(4) Where parking areas are to he barricaded to prohibit vehicular travel, it shall be
accomplished by installation of parking bumpers pinned to the pavement.
2. Structures and Unimoroved Lots;
a. Every owner of a building, structure or lot. vacant or occupied, shall keep the premises in
clean and sanitary condition. including yards, la\1,'O, courts and driveways. Any dead or dying
I
landscaping must he replaced an'd maintained. Uneven or damaged surfaces with or without
holes must he repaired.
b. Exterior premises shall be kept free from the excessive growth of weeds, bYfass and other
flora.
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Agenda Item NO.1 OF
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Page 78 of 89
c. Every owner of a building, structure or lot. previously improved or occupied, shall grade
and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon.
except for permitted stonn water management detentioniretention purposes.
d. Unauthorized motor vehicles are prohibited from parking on or driving across any
portions of a vacant lot, except for areas designated and approved by the County.
e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary
conditions or constirute a public nuisance.
f. Every owner of a building. structure or lot shall keep the premises reasonably free from
rodents. insects and venn in.
g. The roof of every building or structure shall be well drained of rainwater.
h. All exterior surfaces shall be properly maintained and protected from the elements by
paint or other approved protective coating applied in a workmanlike fashion.
\. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for
removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and
graffiti from the building's exterior.
j. All signs must be maintained and comply with the provisions of the Land Development
Code. Should a wall sib'll be removed, the wall surface must be painted in a workmanlike fashion
in the same color as the adjacent exterior walls of the building to remove any shadowing created
by the removed sign.
k. All materials used to board or secure a vacant building against entry shall be painted in a
workmanlike fashion in the same color as the adjacent exterior walls of the building.
\. Every owner ofa building or structure that is vacant and unsecured shall secure and
maintain in secure condition all entrances and all other openings of such building or structure
including, but not limited to, windows and doorways.
m. Whenever any ground floor window of a vacant commercial storefront is found to be
shattered, cracked, missing or broken, the owner of such building shall repair or replace the
window.
n. All non~residential and commercial properties must provide parking facilities in
accordance with the Collier County Land Development Code and shall be treated with a
stabilized surface. Such facilities must be maintained in good condition and repairs to the parking
surfaces must be made with like material. Parking shall be limited to designated areas (striped
parking spaces) and said areas must be clearly marked. At no time should the rights~of~way be
utilized for storage or parking of customer, employee or company vehicles parking, nor shall any
item(s) be placed, abandoned or allowed to remain in any nght-of-way.
SECTION SEVENTEEN: CERTIFICATE REOUIRED FOR BOARDING BUILDING
1. A certificate of boarding is required for all buildings that are boarded. The fee for
certificate of boarding shall be set by resolution of the Board of County Commissioners.
2. No person shall erect, install, place, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwise secure such openings by a means other than the
conventional method used in the original construction and design of the building or structure without first
applying for and. within 30 days of application. completing all of the steps necessary for the issuance of a
boarding certificate. and thereafter having a valid and current boarding certificate issued by the county.
3. The Code Enforcement Department shall issue a boarding certificate upon the submission
of a written application by the owner of the property or his authorized representative or contractor; upon
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Agenda Item NO.1 OF
June 10, 2008
Page 79 of 89
the payment of the required fee; and upon the confinnation. through inspection by a Code Enforcement
Investigator. that the boarding or other method of securing the building or structure has been done in
compliance with this ordinance.
4. The boarding certificate issued pursuant to this section shall authorize the boarding or
other securing ofa building or structure for a period orno greater than six months from the date of the
issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or designee
after the initial !\ix.month period for an additional six months. A propeny owner or his representative or
contractor seeking renewal of the boarding certificate must file written request for renewal with the Code
Enforcement Department no later than ten business days prior to the expiration of the original certificate.
The issuance of a renewal boarding certificate shall be subject to all of the following conditions:
3. The boarding or other method of seCUring the building or structure has been done
in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator after
inspection of the building or structure by the investigator.
b. The owner or his authorized representative or contractor has submitted to Code
Enforcement, 10 days prior to the explration of the original certificate, a detailed plan for
c'orrection, repair, or rehahilitation of violations of state or local building and housing standards
and for the securing of the doors, windows, and other openings by the conventional method used
in the original construction and design of the building or structure or, alternatively, a detailed plan
for sale of the property to another person or entity with provision in the sale of correction, repair,
or rehabilitation
c. The owner or his authorized representative or contractor has submitted to Code
Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such
work and for completing such work prior to the expiration of the renewal certificate or,
alternatively, a time line for the sale of the property
d. The renewal certificate may be revoked by the Code Enforcement Board or
Special Master if the owner fails to comply with the plan for such work or fails to adhere to the
submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in
accordance with this Ordinance,
5. A boarding certificate may not be extended beyond the renewal period except upon
demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner
that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as
inahility to obtain financing for repair or rehabilitation, unanticipated delays in construction or
rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall
also require a showing by the owner that the owner has exercised reasonable and due diligence in
attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the
property.lfthe Code Enforcement Board or Special Master determines that there exists good cause to
renew the certificate, the certificate may be renewed by the Code Enforcement Board or the Special
Master for a period of up to, but not more than, an additional six months, subject to all of the same
conditions imposed on the original renewal certificate.
6. No occupied building shan be permitted to be boarded for a period greater than 60 days.
SECTJO:-; EIGHTEEN:
~IIJSANCES SPECIFIED
It is declared unlawful and a puhlic nuisance for any owner of any property in the County to
allow any vacant and unoccupied huilding that has doors, windows, or other openings broken or missing,
allowing access to the interior, on his property which is not secured in compliance with this Ordinance.
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Agenda Item No. 10F
June 10. 2008
Page 80 of 89
SECTION NINETEEN: STANDARDS FOR SECURING BUILDING
I. Compliance with county specifications. The boarding ofIhe doors, windows. Of other
openings of any building or structure, or any means of securing such openings. other than by the
convcntionnl method used in the original construction and design of the building or structure, shall
comply with the specifications as required by this Ordinance.
2. Additional requirements. In connection with the boarding of the doors. windows. Of
other openings of any building or structure. or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure, the owner
shall also comply with all of the following requirements:
a. All electrical service to the building or structure shaH be shut off for safety
precautions. Compliance with this subsection may be waived in writing by the Building Official
or designee as to the electric utility service if electricity is needed to power exterior security
lighting, an alarm system. or equipment to be used in connection with the rehabilitation of the
building or structure for which there is an active and current building permit.
b. The sewer shall be capped in a manner approved by the County so as to prevent
the accumulation of methane gas in the building or structure.
c. The interior of the building or structure shall be cleaned of all trash, junk,
garbage, debris, and solid waste, and personal possessions shall be removed from the interior of
the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to
firefighting equipment or personnel in the event of a fire.
('
SECTION TWENTY: EXCEPTIONS TO BOARDING REOUlREMENTS
A boarding certificate shall not be required in the following circumstances:
1. Temporary emergency situations, including, but not limited to, an activation ofa Local,
State or Federal response plan, hurricane preparation and damage caused by local weather.
2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to
an order rendered by the CEB.
3. County-initiated boarding and securing.
SECTION TWENTY-ONE: COSTS INCURRED BY COUNTY: ASSESSMENT OF LIEN
All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall
be charged and billed to the person in violation of this Ordinance. Unless payment is made within 30
days of such billing, the Board of County Commissioners may, by the adoption of a resolution levying
such charges and administrative fees, assess against the property a lien in the amount of the charges
outstanding. Assessment liens levied in this manner shall be filed with the Clerk of Courts and in the
public records of the County as a lien against the property and shall he prior in dignity to all other liens
against the property, save and except a hen for taxes. Such assessments shall bear interest at the legal rate
and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed.
SECTION TWENTY-TWO: NOTICE OF HEARING FOR REVOCA TON OF BOARDING
RENEWAL CERTIFICATE
.~
1. The Secretary to the Code Enforcement Board or Special Master shall send out a Notice
of Hearing to the O\VTler or his authorized representative by either certified mail, return receipt requested,
hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as
21
Agenda Item No.1 OF
June 10, 2008
Page 81 of 89
provided by the Ordinance establishing the Code Enforcement Board or Special Master, as appropriate.
The Secretary to the Board shall provide Notice to the owner as herein provided at least ten (10) days
prior to the hearing at which the revocation consideration wil1 be presented. A copy of said Notice shall
he sent to the supervisor of the Code Enforcement Investigator involved, the Code Enforcement
Investigator involved and ifapplicable. the attorney for the Board.
2 The Notice of Hearing shall inform the property owner that he or she is permitted to
provide an evidentiary packet of information to the Secretary to the Code Enforcement Board or Special
Master for distribution prior to the Hearing. In order to have the information provided to the reviewing
body prior to the Hearing. the property owner should submit fifteen (15) copies of his or her information
to the Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board
shall distribute the evidentiary packet to the reviewing body. If the Code Enforcement Investigator
intends to provide an evidentiary packet prior to the Hearing, the evidentiary packet must be delivered to
the property owner along with the Notice of Hearing. The Secretary to the Board shall not deliver his or
her evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or
until the deadline by which the owner's packet of information must be received by the Secretary has
passed. ff the owner timely delivers his or her evidentiary packet, the Secretary to the Board shaH deliver
all preliminary evidentiary packets together.
SECTION TWENTY-THREE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 76-70:
ORDINANCE NO. 89-06: ORDINANCE NO. 96-76: AND
ORDINANCE NO. 99-58.
Collier County Ordinance No. 76-70 relating to Dangerous or Hazardous Buildings; Ordinance No. 89~06
relating to Minimum Housing Standards and Ordinance Numbers 96~ 76 and 99-58 relating to Rental
Dwelling Unit Registration Requirements are hereby repealed in their entirety and superceded by this
Ordinance.
SECTION TWENTY-FOUR: PENALTIES.
If any person, firm or corporation, whether public or private, or other entity fails or refuses to
obey or comply with or violates any of the provisions of this Ordinance. such person, firm. corporation or
other entity, upon conviction of such offense, shall be guilty ofa misdemeanor and shall be punished by a
fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in
the county jail, or both, in the discretion of the Court. Each violation or non-compliance shall be
considered a separate and distinct offense. Further, each day of continued violation or non-compliance
shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non.
compliance. Such other lawful actions shall include. but shall not be limited to, an equitable action for
injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to
prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement
Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth in this
Section to the full extent allowed by law.
22
Agenda Item No.1 OF
June 10, 2008
Page 82 of 89
SECTION TWENTI'-FIVE: LIBERAL CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate its public purpose.
SECfION TWENTI'-SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the words "code" or "ordinance" may be changed to "section", "article", or any
other appropriate word.
SECTION TWENTY -SEVEN:
CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance ofeaUier County or other
applicable Jaw, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a separate,
distinct and independent provision and such holding shan not affect the validity of the remaining portion,
SEctiON TWENTY-EIGHT:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State,
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
,2004.
('.
BOARD 0 OUNTY C~M ISSIONERS
COLL UNTY, FLOR A
BY: ~ ~
DONNA FIALA, Chairman
"'"._, ,,:' 't-
~(\ 2, ~~'.-,-.,
Jenni er A. Belp d
Assistant County Attorney
~
(
23
This ordinance filed wIth the
~~~~~;J~IC~
and acknowledgemen f that
fill r. ceived this day
of
.flQ
Agenda Item NO.1 OF
June 10, 2008
Page 83 of 89
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-58
Which was adopted by the Board of County Commissioners
on the 21st day of September 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of September, 2004.
t',\);iEi:':; .
DWIGHT E. BROCK~:>o:....... ',;"
Clerk of cou:r:~/~,"', 1erlS. '
Ex-officio tfJ3o~~ 6'!J \i'~
County Comm~~~).:o~rs ..~; /..... : S :
. .-.,. \:-. ". \ .,.. ~'. -
. . - -"'~ ~.
fl , J. , a "'Y. <~::.J~ /
~.~~.....,.
.'
By: Linda A. Houtzer.....
Deputy Clerk
u~, "W "UU 0 U 0 . .. r 1U I 140. Jl .__.---..-.__~~.~..!~. CR~~ ______ ''''_.._ Age.nda.l1em. ~oO j~F
OFFElfSE INCIDENT REPORT
Fl:, 011DOOO
--....-
I
I
.-l
,Agency ORI Number:
SHERIFF' S OFF~e 84 of 89
COLLIER COf1N1'y
N~!;S, FL OJUJlll
DOltS
Dat:e of Inoident:
FM: 04/15/2005
TO: 07/.'10/2007
Rep=t Nl1IIIber: 0700038260
Time:
0800
1'700
DdY:
FlU
Date of Report:
12/1.1/2007
Dispatob D..t:e:
U/20!2007
In-Ser~ioe:
1500
e
d -
n :
Dispa'tcned:
1400
Arriv.l:
]..foOO
ea.... SUspended?
Yes: 0 NO:CiJ
Loo..t:ion of Inoident:
28DO Horseshoe nrive North
Dist:riot:
3
Grid:
3105
Looa'tion Coda/Typ.:
1"1 GOY 'T .. /PUBL:rC BLDG
Domestic Rigbts Given? NO
We"pon COde/Type:
00 N/A
speoial Circumst:anoes:
10 KIA
Area!
1 lJRIHCORPORM'li:D
Children Pres..n't? NO DCl? Contaotttd? NO
Foroed .s'ntry? O-N/J\
Number:
O~ Premise,.: 1
Investigator - NamelID:
J;uaes Schott
# Cl ea.r a.nce :
1 50-9.5001
1I- HI.
o"""'t: Fe~/
Jltte.-,pt :"...i.sd.
IltFORHAUOIf llJII.y
H 0
Notified: YES Referrttd
Responded: YES ~signed
Zl2:c,j.c;ient
Code: UCl: :
To:
To:
04361 9600
"'0"'-: 1 -1Iooreste4:
lti.s........: 0 ~7/1""<1 :1:_:
Il): ~sti:"iClt'/S.Cb"i0t2.:
0381 Econaaie Cr~. Unit
h t COllier Co....t;y Sl>ez:i:fr'" Orfice,
J""",,, Sc at Rep_t I1ploade4
"/ certify that, to the bASt of my knowledge, the above information is correct and by entering my usomame and password, ~t
iave electronically affixed my signature to this document in accoroance w~h FSS 686". _ 1 of .
~ax :
n.~ Pr~t;&d;
12/14/2001
JaPO.l"'t:"'~ O~ficeJ::
~...terw:
1
l15.t..neSSi!t:s:
o
Dt.'-'s:
o
o
2
o
1Ie1t:icles::
-.:
B121
l1apZelt, FL
1iU~
u.' .U' .""".--'!.!b~._-'-'-~~..l....,_.__,,__,,_~CO~~~~:~_~.____..____.__flgenrla Item ~oO~~F
. . . June'lo, ;!UO]j-'."-''''
Page 85 of 89
Incid.ent :Report
Report Nwnher:
0700038260
<I
PERSONS - REPoRTER
REPOME.R:
Name (X,~t.. Pirst .P1iddl8)
Oabs, Jr., Leo Z.
Raoe Sex Ddte o:r Bi.z:oeb
14l M
H....9i>t "ei9i>e tla:iJ: ~ye" Ethl2.ic OJ:ig:ZZl
Age SSl(:
li
Dri ve:.e. Lic.nse No. :
se: "'xpJJ:".:
l;,l d'ce or Bi.rt,h: ,
iAol<.iJ:...." :
3301 Ea5~ Tamiami rrail
Naples, FL 34112
Ho_ PaOl2e: ( )
eell Paone: ( )
Apt#: F
Residel2ee se~t",,: LOCAL
EmployeJ:/Schoo.1 :
CoU.ier County
Dli!puty Count.y Mqr.
WOJ:Jc Pl>Ol2e: (239)774-B383
P...pcrli.ir.V O1!t"icar:
iT""",,, Schott
ID:
0381
Collie.r- County Slte.dft r.
Dist~ce/SeetLoc:
Econ-.ic CriJae. Ua1t
OUi-ee, B.p1.e., TL
Dlte h'L--:tt..d!
1lV',,4/2007
P.age. :f o~ iW
V.'4~/'VVQ VO;~~ ~.~ (f4~UJl ECONOMIC CRIME
..........--.......-..-.....-..---.'.""'...--....-..........----.......-.-.., '~._..._..."...__..""'----_....__M'...._._
Report NumbOll!r:
07000.38250
(i)
IaJ004
._......__...--8Q.eL1,iliLl\~!I!. N"2.. 1 OF
June m: 2TIcra-....---..
Page 86 of 89
;
I
I
.J
Incictent Report
PERSONS - N:n.7IESS
f'
.
wrrNEss:
N....e (Lu t, Pj,J:5 t M.iiddl e) He.igb.t Weight Hei: Eye.. Etl2z>.ic O,r.;igin
Oc:hs~ Jr. , Leo E.
Rae. Se;JC Date of Bi~tb. Jlge SSlf: Dxi V..rs License lfo. : S t : Expi.tes :
W H {)
P.l.t;e o:r Ili.rtl>: , Re.s.iderzc& St<<e:UB; LOCm.
Addrll!.$s : Enlp.loye:/Scb.ooJ.,
3301 F.Olst 'r.aJaiatll..i l'Y'ai.l Apt#, F Co.II J.er CQlmt;y
Nap.l.... , FL 34112 D~uty Courr~y ~r,
BOICe Pbo.Qe: ( ) - lI'Q.rc Phone: (239) 774-8:!lll!l3
Ce1.l Phone.. ( ) -
JlIrNESS: ,
NiIt11J.e (t.ast" First .Midd.l~) Heigl2t We.i"b.t H.o.i.: Ey.s Etl1n.ic Origin
A:r:no.ld, Mic1:le~.l
Race Sex D<<te o~ Bi~t22 Age SSN: Dr:i.ve.l:S1 t..icensiI! No. : St ~ Expirac:
B F 0
Pl ace or Bi:tb: , Res.:iden.ce St oi!tU$:
Ac1dr_. : ~J.OYe.r/Sc"""J. :
2600 Rorse~hoe Dr1ve North Co.l~iro: County
NapllJ>s, l"L 34104 Direotor c>f Code EnfOlt"oe
Home P.b012\!: ( ) - Work P1zozze: (239)403-244Q
C'.~2 Phone: ( ) -.
L
~porti.r.:1J7 OffiOi!:r;
Jomes Schott:
IiJ;
0381
CO~llez COWtt:y Sb.e~'.
Dis t:.r~ct/S.at.f.Qc:
Econoaic Cr:JJhe$ Unit
O~r;:e, NilpZe$, 1'1.
~e Pr:1r.l.ted:
l~j 141 ZOO?
p........ 3 of "
Incident Rep(lrt
Report Ntunber:
0700038260
ECONOMIC CRlllE Ii!J 005
..---....---........-.-.-......---.--..----..-..-- ...-._._...-.......AglOAciaJlem"t;J.ll.....lOF
June 10, 2008---'-'-
Page 87 of 89
PERSONS - VIC!'IM
(i)
.....' "'''' .VVQ ,'!...9~.!.:~~~...~"~~,~,,___.__.....,,
vrC1'.IM: Cb.a..rgesIO~EeD&.S", 1
HOle (t.l!.5 t, First MidOlJe) Height Weight llair Eyes l!t.h.u.ic Ori.g:i12
Co~~ier county Board 0;; COJDII!,
Race Sex Date lOr Bi.rt12 h;re SSN: l'Jrivers r..ioense No. .- St : Expire..:
0
P1.4:ce of Birt.h: , .Resideltce Se.tu.s:
Address: Eml>leyerISc12oo:J. :
3.301 East TaJll.ialld. ,rrall, Jlp t# : F
tlap.les, FL .34112
Home Phone.. ( ) - Work .Pho12e: (239)7'14-8383
CoD .Phone: ( ) -
Vict.:i.m Type: 5 GOVERNMENT V.lctim Rel.!c.io.ns1Up To Susp~ct :
Illj ury, 0 HONE T.r1!!l4t.menc Rece.i ved:
IZlj IJ.ry TyJ>es : 00 NIA
IPbetos or IZlj".ri as TaJren: P12C'to Type:
V.ictim l)erne~or:
Otbd.t' Datt!.
1l'.e.PO.t"t~ ~t1cer:
~ames Schott
ID: Di=trict/So(!!!ccic.r::
0381 Eoon~o Cr1mes Unit
Collier COlQltty SlrerlU'. O~tict!J, JlapZe$,. 1"1.
D.ita .Pr.oZlted:
1%/14/2007
Paoe .tl of "
i
:uio ident Report
ECONOMIC CRIllE ~ 006
_..-....._-~_...._...__.."_._........._..__._...-..... ~nond.a.ltem NO.1 OF
~ June-m:-ZOob'-'''''-
Page 88 of 89
...._tlli-~i!L..t:.~~..l!~..:"~~!.:~~2~:.~....___.."'..__,,,...
r'
..
e
BARRA2':Iv.B'
REPORT N~: 0700038260
On Tuesday, 10/23/2007, a packet of information was sent to the
State Attorney's Office, Justice Center Annex-6th F1oor, 2000 Main
Street, Ft. Myers, Florida, regarding irregularities in the
collection of late fee's at the Collier County rental Housing
Registration program .
The information w~s then s~nt to the Collier County Economic Crimes
Unit for investigation, and I was assigned the incident for further
investigation.
On Tuesday, 11/20/2007, Sgt. David White *535 and ~ met with Leo Dehs
Jr., Collier County Deputy County Manager, at the County Manager's
Office, 3301 East Tamiami Trail. Building F, Naples, ~lorida, to
discuss the incident.
Ochs advi5ed that Commi~~ioner Henning had request&d information on
the Collier County Rental registrations, and whi1. it being revie~d
it was discovered that SOme of the late fees had been reduced, when
they were collected.
Ochs advised th.t it appeared staff members of the Collier County
Code Enforcement Department, ~ich ia the department in charge of
collecting the rental registration fees had been reducing the late
fee penalties without the authorization of the Collier County
Commis$ion, which was the only body authorized to reduce the penalty
fees.
Ochs &dvised .taff calculated that approximately 2.6 million dollars
in late fees had been waved, or reduced, but he did not think any
County staff members had fin.nciaIly gained from the incident.
Oebs also advised that the Collier County Board of Commissioners has
officially amended the County Ordinance that governed the Rental
registration late fees, reducing the fees from S10.DO a day to the
original registration fee plus a late fee of four t1mes the original
reQ'istration fee.
Ochs stated that the County staff had implemented a set of checks and
balancGs so that the problem should not happen again.
On WedneSday, 12/0512007, I went to the Code Enforcement Office, 2800
Hors.sho~ Drive North, attempting to locate Michelle Arnold, th~
Director of Collier County Code Enforcement, and left a message
requesting she contact me.
On Monday, 12/10/2007, myself and Sgt. David White ~et with Michelle
Arnold, the Director of Collier County Code Enforcement, regarding
R.=j:>>rti.z:J;r' Orfie..~:
~ J....,s Schott
ID: P.t.stric~/Sece.;:.oo: &~ PrizJt;ed:
0381 Eoonomic Crn.es... 12/1'l/2007
CO;l.ller Count;y Sb.e.n.~' Ii Office, Naples" FL Page ., of ,
,. . I' UU~ U~: 4U t'll 774~931 ECO~OMIC CRIME
U4. ~3. ~..__._........___..._._........__".....___".,___..,,"___.____..._,_.__......__,.....
I
I
I
i
I
I
i
I4J 007
-..-.--Ageacla,.llem.t:ll2....1DL___....
June 10, 2008
Page 89 of 89
.NARRArn'%
p~ORr~: 0700038260
Gl
:tncident Report
the incid..nt.
d d' d h f i '. d d k 11
A~nol a v~se s e was aware 0 ~he ~nc~ ..nt, an ~he too fu
responsibility for her staff act~on.
Arnold stated up until la~t yea~1 there had been no way to v.ri~y if
the Rental Registration notices had been sent out, and ea~h incident
I .
was to have been reviewed by herself or a Bupe~~sor of Code
Enfo~cement i~ a dispute waB made regarding the late fees.
Arnold advised, until recently, there was no written policy regarding
th.. reduction of late fees, although Several c~rcum.tances were take
into consideration when a dispute arose, to include the
interpretation of the original county o~dinanc.. and late ~ees were
reduced.
Arnold also stated that there had been proble~s with the computer
program used for the Rental Registration program, but now they had a
new computer program to Use.
On Friday, 12/14/2007, I cont~ed Leo Ochs,Co~lier County Deputy
County Manager, (239) 774-B383, and advised hin that we _re unable
to find any criminal intent in the incident, tbQt it appeared the
matter was a violation of policy.
I advised Ochs due to this the investigation was b.ing closed.
l____....___._....___....,_____._____..__.___._______.__.__.____....MA~~AT~~....1
~L"Q"V ot"~cer:
i::rames Schut't
.tD: Dut.riat/$ect"iorb= .D4t<!! er.int.4d:
03'81 Eoon..llio ern-.... 12/14/2007
Collier Cotznt:y Sb,e~t:'. "~ce, Rtf1'l.e.., FL Page 6: aof ,