Backup Documents 02/25/2020 Item #17B 78
COLLIER COUNTY FLORIDA i;>
, 1,
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a: :�� A
1
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location, etc.)
Originating Dept/Div: County Attorney Person: Jeffrey A. Klatzkow,County Attorney Date: February 4,2020
Petition No. (If none,give brief description): Ordinance—Amend HEX Ordinance
Name& Address of any person(s)to be notified by Clerk's Office: (If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) February 25,2020(ad to run no later than
Thursday, February 13,2020)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,
AMENDING ORDINANCE NO. 2013-25, AS AMENDED, THE COLLIER COUNTY HEARING
EXAMINER ORDINANCE, BY AMENDING SECTION FIVE,POWERS AND DUTIES OF THE HEARING
EXAMINER, AND ADDING A NEW SECTION NINE, CONDUCT OF HEARING EXAMINER;
PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any& proposed hearing date: N/A
Does Peti ion F'e include advertising cost? ❑Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500200508
Reviek liii
4 i.
f
Division em711111k.tor or Designee Date
List Attach en Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: Illegal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division 0 Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
*********************************,*******************pie******************************************************
FOR CLERK'S OFFICE USE O \
Date Received: Date of Public hearing: Date Advertised: Clht/r-
IYY-1913/1521164/li
178
Martha S. Vergara
From: BradleyNancy <Nancy.Bradley@colliercountyfl.gov>
Sent: Tuesday, February 4, 2020 4:43 PM
To: Minutes and Records
Cc: NeetVirginia; BradleyNancy
Subject: Legal Ad - 2/25/20 BCC Mtg
Attachments: jak signed advertising request.hex ordinance amendment.pdf; advertising request.hex
ordinance amendment.docx; proposed hex ordinance amendment.pdf
Hi Ladies.
Please see attached. This item is on the Tuesday's BCC Agenda (2/11) for authorization to advertise. Please
process, if BCC denies, we will cancel the ad.
Thank you!
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
C ► > COUlitY
3299 East Tamiami Trail,Suite 800
Naples,FL 34112
Telephone(direct): (239)252-8549
Telephone(main): (239)252-8400
Facsimile: (239)774-0225
Nancy.Bradlev(acolliercountyfl.zov
Under Florida I..aw, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
178
ORDINANCE NO. 2020 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-25,
AS AMENDED, THE COLLIER COUNTY HEARING EXAMINER
ORDINANCE, BY AMENDING SECTION FIVE, POWERS AND DUTIES
OF THE HEARING EXAMINER, AND ADDING A NEW SECTION NINE,
CONDUCT OF HEARING EXAMINER; PROVIDING FOR CONFLICT
AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as amended
by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County Commissioners to
implement a county hearing examiner program by county ordinance; and
WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that in
addition to any authority granted to the Board of County Commissioners by general or special law,
the Board of County Commissioners(BCC)shall have the power"to designate and appoint hearing
officers to make decisions as the BCC may deem appropriate."
WHEREAS, on March 26, 2013, the Board of County Commissioners adopted Ordinance
No.2013-25,the Collier County Hearing Examiner Ordinance,which established the Office of the
Hearing Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, Ordinance No. 2013-25 was subsequently amended by the adoption of
Ordinance No. 2013-59; and
WHEREAS, the Board of County Commissioners wishes to further amend Ordinance No.
2013-25, as amended, in order to revise the powers and duties of the Hearing Examiner and
establish directives regarding the conduct of the Hearing Examiner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Five of Ordinance No. 2013-25, as amended.
Section Five of Ordinance No. 2013-25, as amended, is hereby amended as follows:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
[YY-1913/1521204/1]
Words Underlined are added; Words S ek Three are deleted.
Page 1 of S
I78
The Nearing Examiner shall have the following powers and duties:
1. Appeals of Administrative Decision or Interpretation. All type 111 appeals of
administrative decisions or interpretations,as set forth in LDC Section 10.04.04, shall be heard
by the Ileari.ng Examiner. All appeals and staff response to such appeals must substantially
conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must
consider:
a. The criteria for the type of application being requested;
b. Testimony from the applicant; and
c. Testimony from any members of the public.
2. Variances. The Hearing Examiner will hear and decide all requests for variances from
the terms of the regulations or restrictions of the zoning code and such other codes or ordinances
as may be assigned to him by the Board of County Commissioners. In reaching his decision,
the Hearing Examiner must consider:
a. The criteria for the type of variance being requested, in particular those set forth in
LDC Section 9.04.03;
h. Staff recommendations;
c. Testimony from the applicant; and
d. Testimony from the public.
Before granting any variance,the blearing Examiner must make a finding with respect to
each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC
Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals
to grant, deny, or modify any request for a variance from the regulations or restrictions of this
Code, or to attach conditions and requirements necessary for the protection of the health, safety,
comfort, convenience and welfare of the general public. The conditions or requirements must be
reasonably related to the variance requested and conform to the requirements of the LDC.
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor
conditional uses. For purposes of this section, a minor conditional use is one which does not
require Environmental Advisory Council review and which is not a case of great public interest
or concern as determined in the discretion of the Ilearing Examiner. However, the
Commissioner of the District in which the proposed minor conditional use is located may direct
that the minor conditional use be heard by the Planning Commission in an advisory capacity
and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing
Examiner must consider:
a. The factors and criteria set forth in LDC Subsection 10.08.00.D;
b. the relevant matters set forth in an applicant's written petition;
c. The testimony of any applicant or agent;
d. The recommendation of staff; and
e. The testimony of the public.
[YY-1913/1521204/1)
Words Underlined are added;Words&x+ ugh are deleted.
Page 2 of 5
17
As part of his decision, the I learing Examiner must make the findings required by LDC
Subsection 10.08.00.D, and may place appropriate conditions and safeguards as set forth in T.DC
Subsection 10.08.00.E.
4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all
petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections
5.03.06.G and H.
5. Additional Duties. To the extent his-schedule permits. the H wring Hxamincr will make
his special knowledge and expertise available upon Feasenable request of the Board of County
Commissioners, any individual Commissioner, the County Manager or the County Attorney.
provided that such Fequests do-Feet in-any way involve any matter that i; pending,or is likely to
come before, the 1learing Examiner.
5. The Board of County Commissioners, by majority vote, may remand any advertised
public hearing involving a development order to the Hearing Examiner for the sole purpose of
opining_on a legal or technical land use issue raised during the hearing_ After reviewing the
matter utilizing any procedure the Hearing Examiner deems appropriate,which may or may not
include an advertised public hearing, the Hearing Examiner will issue a non-binding
recommendation to the Board with respect to the issue remanded, which recommendation will
become part of the record when the matter is again heard by the Board.
6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself from a
particular casewee reasonably perceives that he has a real or perceived conflict of interest,
•- . . . . . . . .. . . • . . ! .. .
were no Hearing Examiner.
7 6. To the extent authorized by law, by Resolution of the Board of County Commissioners,
the Hearing Examiner may be assigned any and all other powers and duties that have previously
been granted to the Collier County Planning Commission or the Board of Zoning Appeals,
expressly excepting those powers reserved to the Collier County Planning Commission as the
local planning agency (LPA). and land development regulation commission as required by F.S.
§§ 163.3174 and 163.3194. All powers and duties expressly' granted to the Hearing Examiner,
either by this ordinance or through future resolutions, preempt the Collier County Planning
Commission, or the Board of Zoning Appeals. as the case may be, with respect to the
established procedures set forth in the Collier County Land Development Code.
SECTION TWO: Addition of Section Nine to Ordinance No. 2013-25, as amended.
The new Section Nine of Ordinance No. 2013-25, as amended, shall read as follows:
[YY-1913/1521204/1]
Words Underlined are added; Words St +ek-Thfeugh are deleted.
Page 3 of 5
179
SECTION NINE: Conduct of Hearing Examiner.
A Hearing Examiner shall:
a. Avoid impropriety and the appearance of impropriety in all of the Hearing
Examiner's activities.
b. Perform the duties of the Hearing Examiner impartially and diligently.
c. Regulate outside activities to minimize the risk of conflict with the duties of the
Hearing Examiner.
d. Conduct themselves in a manner that does not give the appearance of influence or
impropriety.
e. Refrain from inappropriate political activity.
f. Not simultaneously serve on any Collier County advisory committee that reviews
and makes recommendations on matters related to land use, zoning, or permitting
of construction.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettcred to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2020.
[re-1913/1521204/11
Words Underlined are added; Words St ck--Through are deleted.
Page 4 of 5
178
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: _ By:
, Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
[YY-1913/1521204/1)
Words Underlined are added; Words Struckrough are deleted.
Page 5 of 5
178
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Thursday, February 13, 2020 9:32 AM
To: Martha S. Vergara
Cc: BradleyNancy
Subject: Amendment to Hearing Examiner Ordinance - advertised for the 2/25/20 BCC Agenda
for adoption
Attachments: HEX Ordinance Amendment.docx
Martha:
The process of amending this ordinance started back in January, so, I wanted you to have the correct version of the
ordinance available for inspection.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax (239) 252-6600
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
1
176
1 ORDINANCE NO. 2020 -
2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
3 COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-25,
4 AS AMENDED, THE COLLIER COUNTY HEARING EXAMINER
5 ORDINANCE, BY AMENDING SECTION FIVE, POWERS AND DUTIES
6 OF THE HEARING EXAMINER, AND ADDING A NEW SECTION NINE,
7 CONDUCT OF HEARING EXAMINER; PROVIDING FOR CONFLICT
8 AND SEVERABILITY,PROVIDING FOR INCLUSION IN THE CODE OF
9 LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
10 DATE.
11
12 WHEREAS, the 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as amended
13 by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County Commissioners to
14 implement a county hearing examiner program by county ordinance; and
15 WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that in
16 addition to any authority granted to the Board of County Commissioners by general or special law,
17 the Board of County Commissioners(BCC)shall have the power"to designate and appoint hearing
18 officers to make decisions as the BCC may deem appropriate."
19 WHEREAS, on March 26, 2013, the Board of County Commissioners adopted Ordinance
20 No. 2013-25,the Collier County Hearing Examiner Ordinance,which established the Office of the
21 Hearing Examiner under the terms and conditions outlined in the Ordinance; and
22 WHEREAS, Ordinance No. 2013-25 was subsequently amended by the adoption of
23 Ordinance No. 2013-59; and
24 WHEREAS, the Board of County Commissioners wishes to further amend Ordinance No.
25 2013-25, as amended, in order to revise the powers and duties of the Hearing Examiner and
26 establish directives regarding the conduct of the Hearing Examiner.
27 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
29
30 SECTION ONE: Amendment to Section Five of Ordinance No. 2013-25, as amended.
31
32 Section Five of Ordinance No. 2013-25, as amended, is hereby amended as follows:
33
34 SECTION FIVE: Powers and Duties of the Hearing Examiner.
35
36
Words Underlined are added;Words Stm^'� Thin are deleted.
Page 1 of 5
178
37
38 The Hearing Examiner shall have the following powers and duties:
39
40 1. Appeals of Administrative Decision or Interpretation. All type III appeals of
41 administrative decisions or interpretations, as set forth in LDC Section 10.04.04, shall be heard
42 by the Hearing Examiner. All appeals and staff response to such appeals must substantially
43 conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must
44 consider:
45
46 a. The criteria for the type of application being requested;
47 b. Testimony from the applicant; and
48 c. Testimony from any members of the public.
49
50 2. Variances. The Hearing Examiner will hear and decide all requests for variances from
51 the terms of the regulations or restrictions of the zoning code and such other codes or ordinances
52 as may be assigned to him by the Board of County Commissioners. In reaching his decision,
53 the Hearing Examiner must consider:
54
55 a. The criteria for the type of variance being requested, in particular those set forth in
56 LDC Section 9.04.03;
57 b. Staff recommendations;
58 c. Testimony from the applicant; and
59 d. Testimony from the public.
60
61 Before granting any variance, the Hearing Examiner must make a finding with respect to
62 each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC
63 Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals
64 to grant, deny, or modify any request for a variance from the regulations or restrictions of this
65 Code, or to attach conditions and requirements necessary for the protection of the health, safety,
66 comfort, convenience and welfare of the general public. The conditions or requirements must be
67 reasonably related to the variance requested and conform to the requirements of the LDC.
68
69 3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor
70 conditional uses. For purposes of this section, a minor conditional use is one which does not
71 require Environmental Advisory Council review and which is not a case of great public interest
72 or concern as determined in the discretion of the Hearing Examiner. However, the
73 Commissioner of the District in which the proposed minor conditional use is located may direct
74 that the minor conditional use be heard by the Planning Commission in an advisory capacity
75 and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing
76 Examiner must consider:
77
78 a. The factors and criteria set forth in LDC Subsection 10.08.00.D;
79 b. The relevant matters set forth in an applicant's written petition;
80 c. The testimony of any applicant or agent;
81 d. The recommendation of staff; and
82 e. The testimony of the public.
Words Underlined are added;Words Stfusk-Thfau-gh are deleted.
Page 2 of 5
178
83
84 As part of his decision, the Hearing Examiner must make the findings required by LDC
85 Subsection 10.08.00.D, and may place appropriate conditions and safeguards as set forth in LDC
86 Subsection 10.08.00.E.
87
88 4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all
89 petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections
90 5.03.06.G and H.
91
92 5. Additional Duties. To the extent his schedule permits, the H aring Examiner will make
93 -• _ . . . . - .• . . . . .. . . . . : .. . .
94 Commissioners, any individual Commissioner, the County Manager or the County Attorney,
95 provided that such requests do not in any way involve any matter that is pending, or is likely to
96 come before, the Hearing Examiner.
97
98 5. The Board of County Commissioners, by majority vote, may remand any advertised
99 public hearing involving a development order to the Hearing Examiner for the sole purpose of
100 opining on a legal or technical land use issue raised during the hearing. After reviewing the
101 matter utilizing any procedure the Hearing Examiner deems appropriate, which may or may not
102 include an advertised public hearing, the Hearing Examiner will issue a non-binding
103 recommendation to the Board with respect to the issue remanded, which recommendation will
104 become part of the record when the matter is again heard by the Board.
105
106 6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself from a
107 particular case when he reasonably perceives that he has a real or perceived conflict of interest,
108 or that the case is one of great public interest or concern. When the Hearing Examiner
109 disqualifies himself, the matter shall be heard by the Collier County Planning Commission,the
110 : .. - : .. • .. - - . - -. . • -
111 the established procedures set forth in the Collier County Land Development Code as if there
112 were no Hearing Examiner.
113
114 7. 6. To the extent authorized by law, by Resolution of the Board of County Commissioners,
115 the Hearing Examiner may be assigned any and all other powers and duties that have previously
116 been granted to the Collier County Planning Commission or the Board of Zoning Appeals,
117 expressly excepting those powers reserved to the Collier County Planning Commission as the
118 local planning agency (LPA), and land development regulation commission as required by F.S.
119 §§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner,
120 either by this ordinance or through future resolutions, preempt the Collier County Planning
121 Commission, or the Board of Zoning Appeals, as the case may be, with respect to the
122 established procedures set forth in the Collier County Land Development Code.
123
124
125 SECTION TWO: Addition of Section Nine to Ordinance No. 2013-25, as amended.
126
127 The new Section Nine of Ordinance No. 2013-25, as amended, shall read as follows:
128
Words Underlined are added;Words StruckHugh are deleted.
Page 3 of 5
178
129
130 SECTION NINE: Conduct of Hearing Examiner.
131
132 A Hearing Examiner shall:
133
134 a. Avoid impropriety and the appearance of impropriety in all of the Hearing
135 Examiner's activities.
136 b. Perform the duties of the Hearing Examiner impartially and diligently.
137 c. Regulate outside activities to minimize the risk of conflict with the duties of the
138 Hearing Examiner.
139 d. Conduct themselves in a manner that does not give the appearance of influence or
140 impropriety.
141 e. Refrain from inappropriate political activity.
142 f. Not simultaneously serve on any Collier County advisory committee that reviews
143 and makes recommendations on matters related to land use, zoning, or permitting
144 of construction.
145
146 SECTION THREE: Conflict and Severability.
147 In the event this Ordinance conflicts with any other ordinance of Collier County or other
148 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
149 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
150 separate, distinct and independent provision and such holding shall not affect the validity of the
151 remaining portion.
152
153 SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
154 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
155 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
156 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
157 any other appropriate word.
158
159 SECTION FIVE: Effective Date.
160 This Ordinance shall become effective upon receipt of notice from the Secretary of State
161 that this Ordinance has been filed with the Secretary of State.
162
163 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
164 County, Florida, this day of , 2020.
165
Words Underlined are added; Words Stli-Thfeugh are deleted.
Page 4 of 5
17B
166
167
168 ATTEST: BOARD OF COUNTY COMMISSIONERS
169 CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
170
171
172 By: By:
173 , Deputy Clerk BURT L. SAUNDERS, CHAIRMAN
174
175
176 Approved as to form and legality:
177
178
179
180 Jeffrey A. Klatzkow
181 County Attorney
182
Words Underlined are added;Words Struck Through are deleted.
Page 5 of 5
178
Acct #324207
February 5, 2020
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2013-25 — Collier County Hearing Examiner
Dear Legals:
Please advertise the above referenced notice on Thursday, February 13, 2020 and
kindly send the Affidavit of Publication, together with charges involved, to this
office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500200508
178
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on February 25, 2020, in the Board of County Commissioners Meeting Room, Third
Floor, Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County
Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-25, AS
AMENDED, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE,
BY AMENDING SECTION FIVE, POWERS AND DUTIES OF THE HEARING
EXAMINER, AND ADDING A NEW SECTION NINE, CONDUCT OF HEARING
EXAMINER; PROVIDING FOR CONFLICT AND SEVERABILITY,
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for
inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of any individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples,
FL 34112-5356, (239)252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BURT L. SAUNDERS, CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
178
Martha S. Vergara
From: Martha S. Vergara
Sent: Wednesday, February 5, 2020 11:49 AM
To: Naples Daily News Legals
Subject: Ord. Amending Ord. 2013-25 HEX Ord.
Attachments: Amending Ord. 2013-25 (2-25-20 BCC Meeting).doc; Amending Ordinance 2013-25
HEX Ord.doc
Hello,
Please advertise the following attached Thursday, February 13th, 2020.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
4:01(0(�,tr Office: 239-252-7240
* sFax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
t &Comptroller of Collier County
.�' 3329 Tamiami Trail E, Suite#401
( No;°' Naples, FL 34112
www.CollierClerk.com
1
178
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Wednesday, February 5, 2020 11:49 AM
To: Martha S. Vergara
Subject: DO NOT REPLY
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
This is an auto generated email, please do not reply.
The legal department has received your email and will be processing your notice as soon as possible.
We will provide a proof as well as publication dates, cost and payment requirements prior to the notice running.
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Thank you for your business.
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1
ire
Martha S. Vergara
From: Gannett Legals Public Notices <GanLegPubNotices@gannett.com>
Sent: Wednesday, February 5, 2020 12:40 PM
To: Martha S. Vergara
Subject: RE:4043022 Ord. Amending Ord. 2013-25 HEX Ord.
Attachments: 4043022.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good Afternoon,
The notice is scheduled to publish in the Naples Daily News on February 13.The total cost is$455.00 and a proof is
attached. An affidavit will be sent after publication.
Thank you!
Brittany Grady
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700, option 3
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Wednesday, February 5, 2020 10:49 AM
To: NDN-Legals<legals@naplesnews.com>
Subject:4043022 Ord. Amending Ord. 2013-25 HEX Ord.
Hello,
Please advertise the following attached Thursday, February 13th, 2020.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
TBxt of Ad 02ASs2420
NOTICE OF PUBLIC NEARING
NOTICE OF INTENT TO CONSIDER AN OPDINANCE /'1
sNolves.'her given That a mask hexing will he held by the `j„{J
Collier County of County Carrrmitssonen can February 1S,
2020 in the errand of County Comrrtassioners Meeting noon
mad finer,Collier Goverment Center,T299 Tama frail tact.
eteples FL,Lire Basad of Counttyy Coaranimioners{BCC)will tees-
Sew the 4n440m1M M a COr,rtty Ordinance The mating will
commente at SAO A.M. The title of the proposed Ordinance is
d i tot lows
AN ORDINANCE OF THE BOARD Of COUNTY COMMISSIONERS
Of COLLIER CODUNTY, FLO4110A,AMENDING OREHNANCE NO,
1013-25,AS AMENDED.THE COELIER COUNTY HEARING EXAM.
MIEN ORDINANCE.BY AMENDING SECTION FIVE,POWERS AND
DUTIES Of 1HE HEARING EXAMINER,AND ADDING A NEW SEC-
TION NINE,CONDIFCF OF HEARING EXAMINER;PROVIDING FOR
CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN
THE CODE Of LAWS AND ORDINANCES:AMC,PROVIDING FOR
AN EFFECTIVE DATA.
A cagy of the proposed Ciedlnante Ban hie with the Clara to
S he board and n available for inspection. AN interested paaiers
art inuets/11'etter's/end be beard.
NOTE All persons wrssmg to speak an any agenda item must
vivanter with fire County manager prior To presentili In or the
agenda item to be addressed. individual speakers will be Welt-
ed to 3 minutes On may item. The selection al any individual to
Spa.*on 10140*11 Of an sagennlfatkm ia grate B arlawagati I
aecognlrod by the Chairman,a spokesperson for a group or or
ganlearion may be allotted tB minutel to sneak sex an item.
Persons wishing to have written or graphic matenals included el
lttt Board agenda paskels most submit said maier:Al a mitnh'nOat
of 3 wtpIs'prier to tote respectrue public,hexing. In any Cava,
written materials intended to be mnsadcred by the Beard shall
Be submitted[d the appnatx'iate County start a aaainem,(41
arra.'days poor to the pablfn hoar .All materials,.seat in prra..
nernetItans before the Board veil become a permanent part of
the weld
Any person ratio decides to appeal any decision of the Hoard
will need a record of This proceedings pertaining Iharato and
therefore,may need to encore that a verbatim mord of the
prcxehdtngs It made;which recant extsades the testimony and
ovate-ace wean whkh the appeal N bused.
ai pet area 1I<vwn with a dlrak.ilAy who Teeth any ateorrienuda.
t ion in order to part¢Ipata in Ips proceeding,you are ondttorf
▪t 110 Cost to you,to the prrwisian of seitdln aatw lnCe. Please
(Hrita1t lite Cornier County Facilities Management Dlleven.locat-
ed at 3335 Eamon'Trail East Surto 101,Naples,FL 341131354.
42291 252.8384 at least two days prigr to the meeting. Amsted
ayteniar devices far Iia netrin�0g spa,rvhil are awtiidide in rhe
Round of County Carrrmissiocrw Ofrra.
0OA.RD Of(OVAATY COrsaMISSIONERS
(011101 COUNTY.FLORIDA
BURT l SALNNDERS.CHAIRMAN
CRYSTAL R..KINZEL,Cd3RR.
Ely:Mont ha Veryara,Deputy Clerk
{S0AL3
CNWudry 13,2020 040431122
178
Martha S. Vergara
From: BradleyNancy <Nancy.Bradley@colliercountyfi.gov>
Sent: Wednesday, February 5, 2020 2:48 PM
To: Minutes and Records; Martha S. Vergara
Cc: NeetVirginia; BradleyNancy
Subject: Atty Approval-Ad Proof/Hex Ord Amend
Hi Ladies, please see approval below and NOTE: Please hold off on submitting to NDN until we receive BCC
authorization on Feb 1 l th, to advertise. Thank you!
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
' COSMO
3299 East Tamiami Trail,Suite 800
Naples,FL 34112
Telephone(direct): (239)252-8549
Telephone(main): (239)252-8400
Facsimile: (239)774-0225
Nancv.Bradlev( colliercountvfl.gov
From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Sent: Wednesday, February 5, 2020 2:39 PM
To: BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Subject: RE: Ad Proof for Approval/Hex Ord Amend
Looks good.
Jeffrey A. Klatzkow
Collier County Attorney
(239) 252-2614
From: BradleyNancy<Nancy.Bradley@colliercountvfl.gov>
Sent:Wednesday, February 5, 2020 2:31 PM
To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov>
Cc: NeetVirginia <Virginia.Neet@colliercountyfl.gov>; BradleyNancy<Nancy.Bradley@colliercountyfl.gov>
Subject:Ad Proof for Approval/Hex Ord Amend
Hi Jeff, I checked below and looks good, please advise of approval, thanks.
Nancy Bradley
Legal Assistant/Paralegal
Collier County Attorney's Office
ler County
3299 East Tamiami Trail,Suite 800
Naples,FL 34112
Telephone(direct): (239)252-8549
Telephone(main): (239)252-8400
1
Martha S. Vergara 1 7 B
From: Martha S. Vergara
Sent: Wednesday, February 5, 2020 3:08 PM
To: 'Gannett Legals Public Notices'
Subject: RE: 4043022 Ord. Amending Ord. 2013-25 HEX Ord.
Hi Brittany,
The ad proof for this ad has been reviewed and approved by the legal department.
Please proceed with publishing as requested, but we may have to kill it on Tuesday if the
Board doesn't approve the advertising of this ad.
Thanks
Martha
From: Gannett Legals Public Notices<GanLegPubNotices@gannett.com>
Sent: Wednesday, February 5, 2020 12:40 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 4043022 Ord. Amending Ord. 2013-25 HEX Ord.
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Good Afternoon,
The notice is scheduled to publish in the Naples Daily News on February 13. The total cost is$455.00 and a proof is
attached. An affidavit will be sent after publication.
Thank you!
Brittany Grady
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office:239-263-4700, option 3
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent: Wednesday, February 5, 2020 10:49 AM
To: NDN-Legals<legals@naplesnews.com>
Subject:4043022 Ord. Amending Ord. 2013-25 HEX Ord.
Public Notices .j Public Notices
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on February 25,
2020, in the Board of County Commissioners Meeting Room,
Third Floor, Collier Government Center, 3299 Tamiami Trail East,
Naples FL., the Board of County Commissioners (BCC) will con-
sider the enactment of a County Ordinance. The meeting will
commence at 9:00 A.M. The title of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2013-25, AS AMENDED, THE COLLIER COUNTY HEARING EXAM-
INER ORDINANCE, BY AMENDING SECTION FIVE, POWERS AND •
DUTIES OF THE HEARING EXAMINER, AND ADDING A NEW SEC-
TION NINE, CONDUCT OF HEARING EXAMINER; PROVIDING FOR
CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
r
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must AN
register with the County manager prior to presentation of the 0
agenda item to be addressed. Individual speakers will be limit-
ed to 3 minutes on anyitem. The selection of any y individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item. ›-
Persons wishing to have written or graphic materials included in • Q 'I
the Board agenda packets must submit said material a minimum
of 3 weeks prior to the respective public hearing. In any case, co
written materials intended to be considered byw
the Board shall 0u
be submitted to the appropriate County staff a minimum of u-
seven days pirior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of Q
the record. p
Ln i
Anyperson who decides to appeal ppeal any decision of the Board
will need a record of the proceedings pertaining thereto and -
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda- 0
tion in order to participate in this proceeding, you are entitled, U
at no cost to you, to the provision of certain assistance. Please V1
contact the Collier County Facilities Management Division, locat- 33
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, m
(239) 252-8380, at least two days prior to the meeting. Assisted Z •
listening devices for the hearing impaired are available in the 4,1
W
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS d
COLLIER COUNTY,FLORIDA Z
BURT L.SAUNDERS,CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara,Deputy Clerk
(SEAL)
I February 13,2020 #4043022
178
Naples Iathj Nem
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NOTICE OF PUBLIC HEARING
NAPLES, FL 34112 NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the
Collier County Board of County Commissioners on February 25,
2020, In the Board of County Commissioners Meeting Room,
Affidavit of Publication Third Floor, Collier Government Center, 3299Tamiarni Trail East,
Naples FL.the Board of County Commissioners (BCC)will con-
STATE OF WISCONSIN skier the enactment 01 a County Ordinance The meeting will
COUNTY OF BROWN commence al 9:00 A.M. The title of the proposed Ordinance is
as follows:
Before the undersigned they serve as the authority, AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER:
OF COLLIER COUNTY, FLORIDA,AMENDING ORDINANCE NO.
personally appeared said legal clerk who on oath says that 2013.25, AS AMENDED,THE COLLIERCOUNTY HEARING EXAM-
he/she serves as Legal Clerk of the Naples Daily News, a INER ORDINANCE,BY AMENDING SECTION FIVE POWERS AND
DUTIESOF THE HEARING EXAMINER,AND ADDING A NEW SEC
daily newspaper published at Naples, in Collier County, TION NINE,CONDUCT OF HEARING EXAMINER;PROVIDING FOF
Florida; distributed in Collier and Lee counties of Florida; CONFLICT AND SEVERABILITY,PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES:AND PROVIDING FOF
that the attached copy of the advertising was published in AN EFFECTIVE DATE.
said newspaper on dates listed. Affiant further says that the A copy of the proposed Ordinance is on file with the Clerk to
said Naples Daily News is a newspaper published at the Board and is available for Inspection. All Interested parties
Naples, in said Collier County, Florida, and that the said are invited to attend and be heard.
newspaper has heretofore been continuously published in NOTE:All persons wishing to speak ort any agenda item must
said register with the County manager prior to presentation of the
agenda item to be addressed. Individual speakers will be time
Collier County, Florida; distributed in Collier and Lee ed to 3 minutes on any item. The selection of any individual to
counties of Florida, each day and has been entered as speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
second class mail matter at the post office in Naples, in ganization may be allotted 10 minutes to speak on an item.
said Collier County, Florida, for a period of one year next Persons wishing to have written or graphic materials included it
preceding the first publication of the attached copy of the Board agenda packets must submit said material a minimum
advertisement; and affiant further says that he has neither of 3 weeks prior to the respective public hearing. In any case.
written materials intended to be considered by the Board shall
paid nor promised any person, or corporation any discount, be submitted to the appropriate County staff a minimum of
rebate, commission or refund for the purpose of securing seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
this advertisement for publication in the said newspaper. the record.
Any person who decides to appeal any decision of the Board
Published: February 13,2020 will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
Kee proceedings Is made. which record Includes the testimony and
evidence upon which the appeal is based.
II you are a person with a disability who needs any accommoda-
Subscribed and sworn to before on February 13,2020: tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East,Suite 101,Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
Vvl ca .Q l rx'y -> listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
Notary,State of WI,County of Brown
BOARD OF COUNTY COMMISSIONERS
_ COLLIER COUNTY,FLORIDA
TARA MONf)LOCIi BURT L.SAUNDERS,CHAIRMAN
Notary Pu OH: CRYSTAL K,KINZEL,CLERK
Stile of Wisconsin By:Martha Vergara,Deputy Clerk
(SEAL)
February 13,2020 #4043022
My commission expires August 6, 2021
Publication Cost: $455.00
Ad No:0004043022
Customer No: 1303809
PO#: 4500200508
This is not an invoice
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP pp
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 8
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routingiines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 3-2-20
4. BCC Office Board of County etS b 3
Commissioners .svis
5. Minutes and Records Clerk of Court's Office <fyy f 3147,0 3:3(0°A-
PRIMARY
3: rtt,`PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeff Klatzkow/County Attorney's Office 239-252-.2=M-
Contact/ Department 7400
Agenda Date Item was February 25,2020 Agenda Item Number 17B
Approved by the BCC
Type of Document HEX Ordinance Number of Original 1
Attached vZCoc).0 Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, JK
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 25,2020 and all changes made JK
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the ��J.1)51
Chairman's signature. 1
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1713
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Tuesday, March 3, 2020 9:27 AM
To: AlthouseTammy
Subject: Ordinance 2020-08 (adopted 2-25-2020)
Attachments: Ordinance 2020-008.pdf
Hi Tammy,
Ordinance 2020-08, adopted by the
Hoard last Tuesday, February 25, 2020,
is attached for your records.
Thank you!
Ann Jennejohn
BMR Senior Deputy Clerk
�[•ti [urf Clerk to the Value Adjustment Board
`'� '�
Office: 239-252-8406
Fax: 239-252-8408(if applicable)
s - Ann.Jennejohn@CollierClerk.com
Z.
Office of the Clerk of the Circuit Court
,4. �,��, &Comptroller of Collier County
3299 Tamiami Trail,Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
17B
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Monday, March 2, 2020 4:32 PM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL20200302_Ordinance2020_008
Attachments: CLL20200302_Ordinance2020_008.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2020-008
SENT BY: Collier Couvtty Clerk of the Circuit Court
Board Minutes Sr Records Department
23 9-252-8406
Thank you.
Ann Jennejohn
BMR Senior Deputy Clerk
kirk. Clerk to the Value Adjustment Board
Office: 239-252-8406
Fax: 239-252-8408(if applicable)
Ann.Jenneiohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail,Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
178
ORDINANCE NO. 2020 - 08
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2013-25,
AS AMENDED, THE COLLIER COUNTY HEARING EXAMINER
ORDINANCE, BY AMENDING SECTION FIVE, POWERS AND DUTIES
OF THE HEARING EXAMINER, AND ADDING A NEW SECTION NINE,
CONDUCT OF HEARING EXAMINER; PROVIDING FOR CONFLICT
AND SEVERABILITY,PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the 1967 Collier County Special Act (Laws of Fla. ch. 67-1246, as amended
by Laws of Fla. ch. 2001-344), specifically authorizes the Board of County Commissioners to
implement a county hearing examiner program by county ordinance; and
WHEREAS, the Collier County Land Development Code Sec. 8.02.01.0 provides that in
addition to any authority granted to the Board of County Commissioners by general or special law,
the Board of County Commissioners(BCC)shall have the power"to designate and appoint hearing
officers to make decisions as the BCC may deem appropriate."
WHEREAS, on March 26, 2013, the Board of County Commissioners adopted Ordinance
No. 2013-25,the Collier County Hearing Examiner Ordinance,which established the Office of the
Hearing Examiner under the terms and conditions outlined in the Ordinance; and
WHEREAS, Ordinance No. 2013-25 was subsequently amended by the adoption of
Ordinance No. 2013-59; and
WHEREAS,the Board of County Commissioners wishes to further amend Ordinance No.
2013-25, as amended, in order to revise the powers and duties of the Hearing Examiner and
establish directives regarding the conduct of the Hearing Examiner.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: Amendment to Section Five of Ordinance No.2013-25, as amended.
Section Five of Ordinance No. 2013-25, as amended, is hereby amended as follows:
SECTION FIVE: Powers and Duties of the Hearing Examiner.
Words Underlined are added;Words Struck Through are deleted.
Page 1 of 5
1 7 B
The Hearing Examiner shall have the following powers and duties:
1. Appeals of Administrative Decision or Interpretation. All type III appeals of
administrative decisions or interpretations, as set forth in LDC Section 10.04.04, shall be heard
by the Hearing Examiner. All appeals and staff response to such appeals must substantially
conform to the Rules of Procedure. In reaching his decision, the Hearing Examiner must
consider:
a. The criteria for the type of application being requested;
b. Testimony from the applicant; and
c. Testimony from any members of the public.
2. Variances. The Hearing Examiner will hear and decide all requests for variances from
the terms of the regulations or restrictions of the zoning code and such other codes or ordinances
as may be assigned to him by the Board of County Commissioners. In reaching his decision,
the Hearing Examiner must consider:
a. The criteria for the type of variance being requested, in particular those set forth in
LDC Section 9.04.03;
b. Staff recommendations;
c. Testimony from the applicant; and
d. Testimony from the public.
Before granting any variance,the Hearing Examiner must make a finding with respect to
each of the criteria set forth in LDC Section 9.04.03, and with respect to sign variances, LDC
Section 5.06.08. The Hearing Examiner has the same authority as the Board of Zoning Appeals
to grant, deny, or modify any request for a variance from the regulations or restrictions of this
Code, or to attach conditions and requirements necessary for the protection of the health, safety,
comfort, convenience and welfare of the general public. The conditions or requirements must be
reasonably related to the variance requested and conform to the requirements of the LDC.
3. Conditional Uses. The Hearing Examiner will hear and decide all requests for minor
conditional uses. For purposes of this section, a minor conditional use is one which does not
require Environmental Advisory Council review and which is not a case of great public interest
or concern as determined in the discretion of the Hearing Examiner. However, the
Commissioner of the District in which the proposed minor conditional use is located may direct
that the minor conditional use be heard by the Planning Commission in an advisory capacity
and then Board of Zoning Appeals for final action. In reaching his decision, the Hearing
Examiner must consider:
a. The factors and criteria set forth in LDC Subsection 10.08.00.D;
b. The relevant matters set forth in an applicant's written petition;
c. The testimony of any applicant or agent;
d. The recommendation of staff; and
e. The testimony of the public.
Words Underlined are added;Words StFueli-Through are deleted.
Page 2 of 5
178
As part of his decision, the Hearing Examiner must make the findings required by LDC
Subsection 10.08.00.D,and may place appropriate conditions and safeguards as set forth in LDC
Subsection 10.08.00.E.
4. Boat Lift Canopies and Dock Facility Extensions. The Hearing Examiner shall hear all
petitions for a boat lift canopy and dock facility extensions as provided for in LDC Subsections
5.03.06.G and H.
. . - - . .. - - . -- - . - - - : .. . . : . •
provided that such requests do not in any way involve any matter that is pending, or is likely to
5. The Board of County Commissioners, by majority vote, may remand any advertised
public hearing involving a development order to the Hearing Examiner for the sole purpose of
opining on a legal or technical land use issue raised during the hearing. After reviewing the
matter utilizing any procedure the Hearing Examiner deems appropriate,which may or may not
include an advertised public hearing, the Hearing Examiner will issue a non-binding
recommendation to the Board with respect to the issue remanded, which recommendation will
become part of the record when the matter is again heard by the Board.
6. Recusal of Hearing Examiner. The Hearing Examiner shall disqualify himself from a
or that the case is one of great public interest or concern. When the Hearing Examiner
. ..
the established procedures set forth in the Collier County Land Development Code as if there
were no Hearing Examiner.
7 6. To the extent authorized by law, by Resolution of the Board of County Commissioners,
the Hearing Examiner may be assigned any and all other powers and duties that have previously
been granted to the Collier County Planning Commission or the Board of Zoning Appeals,
expressly excepting those powers reserved to the Collier County Planning Commission as the
local planning agency (LPA), and land development regulation commission as required by F.S.
§§ 163.3174 and 163.3194. All powers and duties expressly granted to the Hearing Examiner,
either by this ordinance or through future resolutions, preempt the Collier County Planning
Commission, or the Board of Zoning Appeals, as the case may be, with respect to the
established procedures set forth in the Collier County Land Development Code.
SECTION TWO: Addition of Section Nine to Ordinance No. 2013-25, as amended.
The new Section Nine of Ordinance No. 2013-25, as amended, shall read as follows:
Words Underlined are added;Words S Through are deleted.
Page 3 of 5
178
SECTION NINE: Conduct of Hearing Examiner.
A Hearing Examiner shall:
a. Avoid impropriety and the appearance of impropriety in all of the Hearing
Examiner's activities.
b. Perform the duties of the Hearing Examiner impartially and diligently.
c. Regulate outside activities to minimize the risk of conflict with the duties of the
Hearing Examiner.
d. Conduct themselves in a manner that does not give the appearance of influence or
impropriety.
e. Refrain from inappropriate political activity.
£ Not simultaneously serve on any Collier County advisory committee that reviews
and makes recommendations on matters related to land use, zoning, or permitting
of construction.
SECTION THREE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE: Effective Date.
This Ordinance shall become effective upon receipt of notice from the Secretary of State
that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 02&Pfl day of Fe,6ranCl/ , 2020.
Words Underlined are added;Words Stniek-Thfeegh are deleted.
Page 4 of 5
1713
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
By: 01MAA. + C— , By:
/34.-)4/...,Ce..1.-oisoa—
Atte-Iola' 01-. '; .b puty Clerk BURT L. SAUNDERS, CHAIRMAN
signature only..
Approi-d : o orm and legality:
ittiri
1414
Jeffrey l' . +'atzkow
Coun A . ey
filed with tYie
illy
is ordinanctt �tfic,�',�'ritoryr _ S •day � ghat
and acknowledgmet�t�° , day
ed this _ s --
fNin rec �_�
o
B ca
Words Underlined are added;Words ck-Through are deleted.
Page 5 of 5
,��, .ift
i 78
kik
.„,*
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
March 3, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2020-08, which was filed in this office on March 2, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us