Backup Documents 10/25/2022 Item # 9ACOLLIER COUNTY FLORIDA 9A
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
f ORlo
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement ❑ Other:
(Display Adv., location, etc.)
Originating Dept/ Div: Growth Management Person: Richard Long ext. 2490 Date: 10/7/22
Petition No. (If none, give brief description): building recertification ordinance
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) October 25, 2022 (ad to run no later than
Thursday, October 13, 2022)
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size)
❑ Legally Required
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
ESTABLISHING A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS ORDINANCE; PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS;
PROVIDING FOR MILESTONE INSPECTIONS, REPORTING AND REPAIRS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any & proposed hearing date: None
Purchase Order Number to be charged for advertising costs: 4500220085 (account 323297)
Reviewed by:
Richard Long
10/07/2022
Division Administrator or Designee Date
List Attachments: 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: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
FOR CLERK'S OFFICE USE ONLY -
dp; PE
Date Received: / ID/ Date of Public hearing: Date Advertised:
9A
ORDINANCE NO.2022 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ESTABLISHING A COLLIER COUNTY
MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS ORDINANCE; PROVIDING FOR TITLE,
APPLICABILITY AND DEFINITIONS; PROVIDING FOR MILESTONE
INSPECTIONS, REPORTING AND REPAIRS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes establishes the right and power of counties to
provide for the health, safety and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public; and
WHEREAS, the Legislature in Section 553.899 Florida Statutes imposed a statewide
structural inspection program for aging condominium and cooperative buildings to ensure that
such buildings are safe for continued use;
WHEREAS, the Board of County Commissioners desires to implement the local
inspection program for aging condominium and cooperative buildings through this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Mandatory
Inspection of Aging Condominium and Cooperative Buildings Ordinance."
SECTION TWO: APPLICABILITY.
This Ordinance shall apply in all unincorporated areas of Collier County, and the City of
Everglades City if the City of Everglades City agrees by resolution to have this Ordinance apply
and be enforced in the City of Everglades City and as long as the Collier County Building Official
serves as the Building Official for the City of Everglades City.
SECTION THREE: DEFINITIONS.
[22-IPR-00034/1742719/1131
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When used in this Code, the following terms shall have the following meanings:
a. "Building Official" means the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction,
alteration, repair, remodeling, or demolition of structures and the installation of building
systems to ensure compliance with the Florida Building Code. This term is synonymous
with "building official" as used in the Florida Building Code.
b. "Milestone Inspection" means a structural inspection of a building, including an
inspection of load -bearing walls and the primary structural members and primary
structural systems as those terms are defined in s. 627.706, Florida Statutes by a licensed
architect or engineer authorized to practice in this state for the purposes of attesting to the
life safety and adequacy of the structural components of the building and, to the extent
reasonably possible, determining the general structural condition of the building as it
affects the safety of such building, including a determination of any necessary
maintenance, repair, or replacement of any structural component of the building. The
purpose of such inspection is not to determine if the condition of an existing building is
in compliance with the Florida Building Code or the fire safety code.
c. "Substantial Structural Deterioration" means substantial structural distress that
negatively affects a building's general structural condition and integrity. The term does
not include surface imperfections such as cracks, distortion, sagging, deflections,
misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or
architect performing the phase one or phase two inspection determines that such surface
imperfections are a sign of substantial structural deterioration.
SECTION FOUR: INSPECTION, REPORTING AND REPAIRS.
A. Milestone Inspection Required
A condominium association under chapter 718, Florida Statutes and a cooperative
association under chapter 719, Florida Statutes must have a Milestone Inspection performed for
each building that is three stories or more in height by December 31 of the year in which the
building reaches 30 years of age, based on the date the certificate of occupancy for the building
was issued, and every 10 years thereafter. If the building is located within 3 miles of a coastline
as defined in section 376.031, Florida Statutes, the condominium association or cooperative
association must have a Milestone Inspection performed by December 31 of the year in which
the building reaches 25 years of age, based on the date the certificate of occupancy for the
building was issued, and every 10 years thereafter. The condominium association or cooperative
association must arrange for the Milestone Inspection to be performed and is responsible for
ensuring compliance with the requirements of this Ordinance. The condominium association or
cooperative association is responsible for all costs associated with the inspection. This subsection
does not apply to a single-family, two-family, or three-family dwelling with three or fewer
habitable stories above ground.
[22-IPR-00034/1742719/1131 Page 2 of 6
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9A
However, for all condominium and cooperative buildings that received a certificate of
occupancy on or before July 1, 1992, the building's initial Milestone Inspection must
be performed before December 31, 2024. If the date of issuance for the certificate of
occupancy is not available, the date of issuance of the building's certificate of
occupancy shall be the date of occupancy evidenced in any record of the Building
Official.
B. Notice from Building Official
The Building Official shall provide the condominium association or cooperative
association written notice of the requirement for a Milestone Inspection by certified mail, return -
receipt requested once the Building Official has determined that a Milestone Inspection is required.
C. Milestone Inspection
A Milestone Inspection consists of two phases:
For phase one of the Milestone Inspection, a licensed architect or engineer authorized
to practice in this state shall perform a visual examination of habitable and nonhabitable
areas of a building, including the major structural components of a building, and
provide a qualitative assessment of the structural conditions of the building. If the
architect or engineer finds no signs of Substantial Structural Deterioration to any
building components under visual examination, phase two of the inspection, as
provided in paragraph C.2, is not required. An architect or engineer who completes a
phase one Milestone Inspection shall prepare and submit an inspection report pursuant
to paragraph D.
2. A phase two of the Milestone Inspection must be performed if any Substantial
Structural Deterioration is identified during phase one. A phase two inspection may
involve destructive or nondestructive testing at the inspector's direction. The
inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe
for its intended use and to recommend a program for fully assessing and repairing
distressed and damaged portions of the building. When determining testing locations,
the inspector must give preference to locations that are the least disruptive and most
easily repairable while still being representative of the structure. An inspector who
completes a phase two Milestone Inspection shall prepare and submit an inspection
report pursuant to paragraph D.
D. Owner's Report
Upon completion of a phase one or phase two Milestone Inspection, the architect or
engineer who performed the inspection must submit a sealed copy of the inspection report with a
separate summary of, at minimum, the material findings and recommendations in the inspection
[22-IPR-00034/1742719/ 1 ]31
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report to the condominium association or cooperative association, and to the Building Official of
the local government which has jurisdiction, subject to the following requirements.
1. Such report must meet the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed
engineer or architect who performed the inspection.
(b) Indicate the manner and type of inspection forming the basis for the
inspection report.
(c) Identify any Substantial Structural Deterioration, within a reasonable
professional probability based on the scope of the inspection, describe the extent
of such deterioration, and identify any recommended repairs for such
deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in
the Florida Building Code, were observed.
(e) Recommend any remedial or preventive repair for any items that are
damaged but are not substantial structural deterioration..
(f) Identify and describe any items requiring further inspection.
2. The phase one report must be submitted to the Building Official within 180 days of
receipt of the notice from the Building Official in paragraph B. The phase two report,
if required, must be submitted to the Building Official within 90 days of submittal of
the phase one report. All reports must be submitted by the licensed engineer or architect
who performed the inspection by e-mail, United States Postal Service, or commercial
delivery service.
3. The Building Official may issue an extension of not more than 60 days to submit the
phase two Milestone Inspection report upon a written extension request from an
engineer or architect. Such request must contain a signed and sealed statement from the
engineer or architect that the building may continue to be occupied while undergoing
inspection.
E. Repairs and Modifications
In the event that repairs or modifications are necessary as specified in the phase two
Milestone Inspection, the condominium or cooperative association shall have a total of
150 days from the date of submittal of the phase two inspection report to the Building
Official to obtain the necessary permits and complete indicated repairs or
modifications. All repairs or modifications requiring permits shall be performed in
conformance with the Florida Building Code as adopted by County Ordinance and shall
follow the timeline provided in the applicable active permit.
2. When any structural repairs or modifications are required, the responsible engineer or
architect who has performed the Milestone Inspection shall provide the Building
Official with a letter indicating whether the building or structure may continue to be
safely occupied while the building or structure is undergoing repairs. Such letter shall
[22-IPR-00034/1742719/1131 Page 4 of 6
10/07/22
be valid for no more than 180 days, and a new letter shall be issued if repairs or
modifications remain ongoing.
3. Once all applicable repairs are completed, the engineer(s) or architect(s) providing the
Milestone Inspection report must provide an amended report indicating that the
building or structure is safe for continued use under the present occupancy.
4. All repairs for Substantial Structural Deterioration must be commenced within 365
days of receipt by the Building Official of the phase two Milestone Inspection report.
5. The Building Official may issue an extension of not more than 60 days to obtain any
necessary permits upon a written extension request from an engineer or architect. Such
request must contain a signed and sealed statement from the engineer or architect that
the building may continue to be occupied while undergoing recertification.
F. Failure to Perform Repairs and Modifications
If a condominium association or cooperative association fails to submit proof to the
Building Official that repairs have been scheduled or have commenced for Substantial Structural
Deterioration identified in a phase two inspection report within the required timeframe in
paragraph E, the Building Official must review and determine if the building is unsafe for human
occupancy.
SECTION FIVE: ENFORCEMENT AND PENALTIES
If any person, firm or corporation, whether public or private, or other entity fails or refuses
to obey or comply with or violates any of the provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a 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 Magistrate established pursuant to
the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently available to the 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-IPR-00034/1742719/1]31 Page 5 of
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9A
SECTION SIX: CONFLICT AND SEVERABILITY
In the event that 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 this Ordinance is
r.
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SEVEN: 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
i
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED upon majority vote by the Board of County
Commissioners of Collier County, Florida, this day of , 2022•
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
Approved as to form and legality:
Heidi Ashton-Cicko
Managing Assistant County Attorney
William J. McDaniel, Jr., Chairman
[22-IPR-00034/1742719/1131 Page 6 of
10/07/22
9A
Acct #323297
October 8, 2022
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Building Recertification Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday, October 13, 2022 (to
be placed in the classified section) and kindly send the Affidavit of Publication,
together with charges involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O.#45002120085
9A
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on July 12, 2022, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, Naples FL., to 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 ESTABLISHING A COLLIER COUNTY MANDATORY
INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS
ORDINANCE; PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS;
PROVIDING FOR MILESTONE INSPECTIONS, REPORTING AND REPAIRS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT
AND SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
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.
As part of an ongoing initiative to promote social distancing during the COVID-19 pandemic, the public
will have the opportunity to provide public comments remotely, as well as in person, during this
proceeding. Individuals who would like to participate remotely, should register up to 6 days in advance
through the link provided on the front page of the county website at www.colliercount�fl.gov. Individuals
who register will receive an email in advance of the public hearing detailing how they can participate
remotely in this meeting.
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.
QA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
NaPICS 34a*tlj TCCWS
PART OF THE USA TODAY NETWORK
014
3299 TAMIAMI TRL E
NAPLES FL 34112--574
9A
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303807 0005445502 $504.00 $0.00 $504.00 Invoice $0.00 $504.00
Sales Rep: MKashifuddin Order Taker: MKashifuddin Order Created 10/10/2022
Product # Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News 1 1.00 144 10/1312022 10/13/2022
NDN-naplesnews.com 1 1.00 144 10/13/2022 10113/2022
" ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
I
Text of Ad: 10/10/2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing wi(1 be held by
the Collier County Board of
County Commissioners on July
12, 2022, in the Board of
County Commissioners Meet-
ing Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
to consider the enactment of
a County Ordinance. The
meeting will commence at
9:00 A.M.The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA ESTABLISHING A
COLLIER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPLICABILITY AND DEFI-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVIDING
FOR INCLUSION IN THE COLLI-
ER COUNTY CODE OF LAWS
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordi-
nance 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 presenta-
tion of the agenda item to be
addressed. Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion 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 writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered 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 perma-
nent part of the record.
As part of an ongoing initia-
tive to promote social
distancing during the COVID-
19 pandemic, the public will
have the opportunity to pro-
vide public comments remote-
ly, as well as in person, during
this proceeding. Individuals
who would like to participate
remotely, should register up
to 6 days in advance through
the link provided on the front
page of the county website at
www.colliercountvfl.gov. Ind i-
VIUUdlb WIIU ItAJ1n.LCI WIII IV-
ceive an email in advance of
the public hearing detailing
how they can participate re-
motely in this meeting.
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 verba-
tim 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 dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
aggement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr.,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By:Martha Vergara, Deputy
Clerk
(SEAL)
Pub: Oct. 13, 2022 #5445502
�a
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, October 10, 2022 11:33 AM
To: 'Gannett Legals Public Notices 4'
Subject: RE: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
Importance: High
Tixt of Ad: 10/10/=
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on*yX
-2022, in the Board of
County Commissioners Meet-
ing Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
to consider the enactment of
a County Ordinance. The
meeting will commence at
9:00 A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA ESTABLISHING A
COLDER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPUCAMLITY AND DEFI-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVKMG
FOR INCLUSION IN THE COLLI-
ER COUNTY CODE OF LANK
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
nATc
Good Morning,
I have a revision for this ad proof.
Please change the red lined and highlighted below to October 25,
And please send a revised ad proof.
Thanks,
Martha
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, October 10, 2022 9:14 AM
To: Martha S. Vergara <Martha.Vergara@colliercierk.com>
Subject: RE: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
1
4 1 0,'
Hello,
Your Notice is scheduled to publish Oct. 13, 2022. The total cost of your ad is $504.00 , which includes a publisher
affidavit that will be mailed to you after last date of publication. Please review your proof carefully and advise of any
correction needed.
Mohammed Kashifuddin
Public Notice Representative
GANNETT
Office:844-254-5287
• NUE►TooKr
From: Martha S. Vergara <Martha.Vergara collierclerk.com>
Sent: Saturday, October 8, 2022 9:23 AM
To: NDN-Legals <legals@naplesnews.com>
Subject: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
Hello,
Please advertise the following attached on Thursday. October 13, 2022.
To be placed where in the classified section.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR & VAB Senior Deputy Clerk
Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
rWa
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, October 10, 2022 11:37 AM
To: RodriguezWanda
Subject: FW: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
Importance: High
This is how they showed that the change was made to the ad.
Updated
$507.50
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
- SIDER ORDINANCE
.;Notice is hereby given that a
public hearing will be held by
Alhe Collier County Board of
'County Commissioners on Oc-
-tober 25, 2022, in the Board
.�of County Commissioners
,Meeting Room, Third Floor,
,'Collier Government Center,
3299 Tamiami Trail East, Na-
1ples FL., to consider the enact-
�ment of a County Ordinance.
.'The meeting will commence
.at 9:00 A.M. The title of the
Proposed Ordinance is as fol-
lows:
BAN ORDINANCE OF THE
From: Martha S. Vergara<Martha.Vergara@collierclerk.com>
Sent: Monday, October 10, 2022 10:33 AM
To: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Subject: RE: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
Importance: High
Good Morning,
I have a revision for this ad proof.
Please change the red lined and highlighted below to October 25,
1
/ A
T*xt of Ad: 10N 012022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
4_06:2022, in the Board
County Commissioners Meet-
ing Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
to consider the enactment of
a County Ordinance. The
meeting will commence at
9:00 A.M. The title of the pro-
posed Ordinance is as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA ESTABLISHING A
COLLIER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPLICABILITY AND DER-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVIDING
FOR INCLUSION IN THE COLLI-
ER COUNTY CODE OF LAWS
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
nATF
And please send a revised ad proof.
Thanks,
Martha
From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com>
Sent: Monday, October 10, 2022 9:14 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hello,
Your Notice is scheduled to publish Oct. 13, 2022. The total cost of your ad is $504.00 , which includes a publisher
affidavit that will be mailed to you after last date of publication. Please review your proof carefully and advise of any
correction needed.
Mohammed Kashifuddin
Public Notice Representative
G A N N E T T le `N'�"EK"
Office:844-254-5287
From: Martha S. Vergara <Martha.Vereara@collierclerk.com>
Sent: Saturday, October 8, 2022 9:23 AM
To: NDN-Legals <legals@naplesnews.com>
Subject: 0005445502 Building Recertification Ordinance (BCC 10/25/2022)
Hello,
Please advertise the following attached on Thursday, October 13, 2022.
To be placed where in the classified section.
Please forward an ok when received, if you have any questions feel free to call.
Thanks,
Martha Vergara
BMR & VAB Senior Deputy Clerk
Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.verciara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
9A
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
NttPles �ttilg Njews
PART OF THE USA TODAY NETWORK
BCC ENGINEERING ENVI
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
4A
Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303805 0005445502 $0.00 $0.00 $0.00 Invoice $0.00 $0.00
Sales Rep: MKashifuddin Order Taker: MKashifuddin Order Created 10/10/2022
Product # Ins Column Agate Lines Start Date End Date
NDN-Naples Daily News
NDN-naplesnews.com
1.00 145 10/13/2022 10/13/2022
1.00 145 10/13/2022 10113/2022
" ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
Text of Ad: 10/10/2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on Oc-
tober 25, 2022, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East, Na-
ples FL., to consider the enact-
ment of a County Ordinance.
The meeting will commence
at 9:00 A.M. The title of the
Proposed Ordinance is as fol-
ows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA ESTABLISHING A
COLLIER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPLICABILITY AND DEFI-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVIDING
FOR INCLUSION IN THE COLLI-
ER COUNTY CODE OF LAWS
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordi-
nance 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 presenta-
tion of the agenda item to be
addressed. Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion 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 writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered 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 perma-
nent part of the record.
As part of an ongoing initia-
tive to promote social
distancing during the COVID-
19 pandemic, the public will
have the opportunity to pro-
vide public comments remote-
Iy as well as in person, during
this proceeding. Individuals
who would like to participate
remotely, should register uP
to 6 days in advance through
the link provided on the front
page of the county website at
www.comercountyn.gov. inai-
viduals who register will re-
ceive an email in advance of
the public hearing detailing
how they can participate re-
motely in this meeting.
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 verba-
tim 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 dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr.,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By:Martha Vergara, Deputy
Clerk
(SEAL)
Pub: Oct. 13, 2022 #5445502
9A
Martha S. Vergara
From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>
Sent: Monday, October 10, 2022 3:27 PM
To: Minutes and Records; Martha S. Vergara
Cc: longrichard; LynchDiane; EdrevaRadoslava
Subject: proof approval: Building Recertification Ordinance
Attachments: OrderConf.pdf, FW: revised proof - building recertification ordinance
Martha,
Attorney approval is below, and staff approval is attached. There is no outside applicant for this item.
Thank you,
Wanda Rodriguez, MCP, CP-14
Office of the County .Attorney
(239) 252-8400
ACP c�c �r
Certified Pudic Manager
From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Sent: Monday, October 10, 2022 12:10 PM
To: RodriguezWanda <Wanda.Rod riguez@colliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>
Subject: FW: proof for approval: Building Recertification Ordinance
Approved. Thank you!
I to o(i Ashtow-CL6zo
MAw40%w@ Assistawt Cou.vvtlu, AttorKtU
o f face of the Cokv-tU AttorKtU
2200 North Ftorseskoe prove, suite 301
Napies, FL 34104
(239) 252-8773
From: RodriguezWanda <Wanda.Rodriguez@ col Iiercountyfl.gov>
Sent: Monday, October 10, 2022 12:06 PM
To: AshtonHeidi <Heidi.Ashton@coiliercountyfl.gov>
Cc: CrotteauKathynell <Kathynell.Crotteau@colliercountyfl.gov>
Subject: RE: proof for approval: Building Recertification Ordinance
Heidi,
9A
Revised proof attached for your approval (corrected hearing date).
`Wanda Rodriguez, MCP, CPM
Office of the County .Attorney
(239) 252-8400
MI �1
,II-1
From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Sent: Monday, October 10, 2022 11:10 AM
To: RodriguezWanda <Wanda.Rod riguez@colliercountyfl.gov>
Cc: CrotteauKathynell<Kathynell.Crotteau@colliercountyfl.gov>
Subject: FW: proof for approval: Building Recertification Ordinance
Approved. Thank you!
Ft6dl Ashtovu-CLclZo
Mav0givu0 Asslstawt Coumt0 AttorKtd
o f face of the Couv�td AttorMU
2000 North Ftorseshoe Arlve, sk. to 3oi
Naples, FL 34204
(239) 252-8773
From: RodriguezWanda <Wanda. Rodriguez@colliercountyfl.gov>
Sent: Monday, October 10, 2022 10:52 AM
To: AshtonHeidi <Heidi.Ashton@colliercountvfl.gov>
Subject: proof for approval: Building Recertification Ordinance
Heidi,
For your approval. This item is on tomorrow's agenda for approval for advertising, and the ad is
scheduled to run on Thursday. If for some reason tomorrow's permission to advertise isn't approved,
we will "kill" this ad before it runs.
`Wanda Rodriguez, .ACP, CPJ4
Office of the County .Attorney
(239) 252-8400
9A
ACP c�c �,r
Certified Public Manager NCPEI
From: Martha S. Vergara <Martha.Vergara collierclerk.com>
Sent: Monday, October 10, 2022 10:42 AM
To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; LongRichard <Richard.Long@colliercountyfl.gov>
Subject: Building Recertification Ordinance
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Morning Wanda & Richard,
Attached is the ad proof for the referenced ad.
Please let me know of any changes needed.
Thanks,
Martha Vergara
BMR & VAB Senior Deputy Clerk
Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.verciara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
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.
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
Follow Up Flag:
Flag Status:
Wanda,
This one is correct.
LongRichard <Richard.Long@colliercountyfl.gov>
Monday, October 10, 2022 1:25 PM
RodriguezWanda
FW: revised proof - building recertification ordinance
OrderConf.pdf
Follow up
Completed
From: LynchDiane < Diane. Lynch @col liercountyfl.gov>
Sent: Monday, October 10, 2022 1:12 PM
To: LongRichard <Richard.Long@colliercountyfl.gov>
Subject: RE: revised proof - building recertification ordinance
This one is correct. The first one read July 12, 2022
From: LongRichard <Richard.Lone@colliercountyfl.eov>
Sent: Monday, October 10, 2022 12:50 PM
To: LynchDiane < Diane. Lynch @colliercountyfl.eov>
Subject: FW: revised proof - building recertification ordinance
Can you proof please
From: RodriguezWanda <Wanda.Rod rieuez@colliercountyfl.eov>
Sent: Monday, October 10, 2022 11:57 AM
To: LongRichard <Richard.Lone@colliercountyfl.eov>
Subject: revised proof - building recertification ordinance
Rich: Please review and advise if approved for publication.
'Wanda Rodriguez, MCP, CPN
Office of the County .Attorney
(239) 252-8400
1 I
M
9ti
From: Martha S. Vergara<Martha.Vergara@collierclerk.com>
Sent: Monday, October 10, 2022 11:54 AM
To: RodriguezWanda <Wanda. Rod riguez@colliercountyfl.gov>; LongRichard <Richard.Long@colliercountyfl.gov>
Subject: FW: Your AdOrder
EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Revised ad proof for approval.
Thanks,
Martha
From: GWM-Erin GWM-Oettinger <eoettinger@gannett.com>
Sent: Monday, October 10, 2022 11:49 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: Your AdOrder
This electronic communication contains information intended solely for the named addressee(s). If you have received
this communication in error, please forward the email in its entirety to the Clerk's Office at collierclerk@collierclerk.com
and delete the email.
Under Florida Law, email addresses are public.
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.
Navies �FiiIL� N
PWS 9 APART OF THE USA TODAY NETWORK
BCC ENGINEERING ENV[
3299 TAMIAMI TRL E 700
NAPLES FL 34112-
Account AD#
Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due
1303805 0005445502
$0.00 $0.00 $0.00 Invoice
$0.00 $0.00
Sales Rep: MKashifuddin
Order Taker: MKashifuddin
Order Created
10/10/2022
Product
# Ins Column Agate Lines
Start Date
End Date
NDN-Naples Daily News
1 1.00 145
10/13/2022
10/13/2022
NDN-naplesnews.com
1 1.00 145
10/13/2022
10/13/2022
" ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
94
Text of Ad: 10/10/2022
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on Oc-
tober 25, 2022, in the Board
of County Commissioners
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East, Na-
ples FL., to consider the enact-
ment of a County Ordinance.
The meeting will commence
at 9:00 A.M. The title of the
proposed Ordinance is as fol-
ows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COWER COUNTY,
FLORIDA ESTABLISHING A
COWER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPUCABILITY AND DEFI-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVIDING
FOR INCLUSION IN THE COW-
ER COUNTY CODE OF LAWS
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordi-
nance 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 presenta-
tion of the agenda item to be
addressed. Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion of anyindividual 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 writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered 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 perma-
nent part of the record.
As part of an ongoing initia-
tive to promote social
distancing during the COVID-
19 pandemic, the public will
have the opportunity to pro-
vide public comments remote -
as well as in person, during
this proceeding. Individuals
who would like to participate
remotely, should register up
to 6 days in advance through
the link provided on the front
page of the county website at
www.comercountyri.gov. inai-
viduals who register will re-
ceive an email in advance of
the public hearing detailing
how they can participate re-
motely in this meeting.
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 verba-
tim 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 dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONERS
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr.,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By:Martha Vergara, Deputy
Clerk
(SEAL)
Pub: Oct. 13, 2022 #5445502
9A
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, October 10, 2022 3:42 PM
To: 'GWM-Erin GWM-Oettinger'
Subject: RE: Your AdOrder
Hi Erin,
This ad proof has been reviewed and approved by the legal department.
Please proceed with publishing as requested.
Thanks,
Martha
From: GWM-Erin GWM-Oettinger <eoettinger@gannett.com>
Sent: Monday, October 10, 2022 11:49 AM
To: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Subject: Your AdOrder
0 .a
,Nil}tjf8 4:3FITtjjNp1,08
PART OFTHE USA TODAY NETWORK
Published Daily
Naples, FL 34110
BCC ENGINEERING ENVI RONMENTAL
3299 TAMIAMI TRL E # 700
NAPLES, FL 34112-5749
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared said legal clerk who on oath says that
he/she serves as Legal Clerk of the Naples Daily News, a
daily newspaper published at Naples, in Collier County,
Florida; distributed in Collier and Lee counties of Florida;
that the attached copy of the advertising was published in
said newspaper on dates listed. Affiant further says that the
said Naples Daily News is a newspaper published at
Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in
said
Collier County, Florida; distributed in Collier and Lee
counties of Florida, each day and has been entered as
second class mail matter at the post office in Naples, in
said Collier County, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any person, or corporation any discount,
rebate, commission or refund for the purpose of securing
this advertisement for publication in said newspaper
issue(s) dated or by publication on the newspaper's
website, if authorized, on
Issue(s) dated: 10/13/2022
Subscribed and sworn to before on October 24, 2022:
Notary, State of WI, County of Brown
My commission expires
Publication Cost: $507.50
Ad No: 0005445502
Customer No: 1303805
PO #: PUBLIC HEARING
# of Affidavits1
This is not an invoice
/ % _g5,
KATHLF Epp AL cEN
Notary
state of Wisconsin
NOTICE Of PUBLIC HEARING
NOTICE OF INTENT TO CON-
SIDER ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
Cuunly Cumillissiunefs un Oc-
tober 25, 2022, in the Board
of rnimty rnmmissinnPrs
Meeting Room, Third Floor,
Collier Government Center,
3299 Tamiami Trail East, Na-
ples FL., to consider the enact-
ment of a County Ordinance.
The meeting will commence
at 9:00 A.M. The title of the
proposed Ordinance is as fol-
ows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS Of COLLIER COUNTY,
FLORIDA ESTABLISHING A
COLLIER COUNTY MANDATO-
RY INSPECTION OF AGING
CONDOMINIUM AND COOP-
ERATIVE BUILDINGS ORDI-
NANCE; PROVIDING FOR TI-
TLE, APPLICABILITY AND DEFI-
NITIONS; PROVIDING FOR
MILESTONE INSPECTIONS, RE-
PORTING AND REPAIRS; PRO-
VIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING
FOR CONFLICT AND
SEVERABILITY, PROVIDING
FOR INCLUSION IN THE COLLI-
ER COUNTY CODE OF LAWS
AND ORDINANCES, AND PRO-
VIDING FOR AN EFFECTIVE
DATE.
A copy of the proposed Ordi-
nance 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 presenta-
tion of the agenda item to be
addressed. Individual speak-
ers will be limited to 3 mi-
nutes on any item. The selec-
tion 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 writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered 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 perma-
nent part of the record.
As part of an ongoing initia-
tive to promote social
distancing during the COVID-
19 pandemic, the public will
have the opportunity to pro-
vide public comments remote-
ly, as well as in person, during
this proceeding. Individuals
who would like to participate
remotely, should register up
to 6 days in advance through
the link provided on the front
page of the county website at
www.colliercount)rfl.gov. Indi-
viduals who register will re-
ceive an email in advance of
the public hearing detailing
hn,A, thpv ran nartirinatp rp-
motely in;this meetings
- q
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 verba-
tim record of the proceedings
is made, which rernrd inrludeS
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled, at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
aggement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearinq impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMIS-
SIONER5
COLLIER COUNTY, FLORIDA
WILLIAM L. MCDANIEL, Jr.,
CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By:Martha Vergara, Deputy
Clerk
(SEAL)
Pub: Oct. 13, 2022 #5445502
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. 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 routine lines # 1 through #2. complete the checklist- and forward to the County Attorney Office
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2.
3 County Attorney Office
County Attorney Office
'(A
4. BCC Office
Board of County
Commissioners
10 2
5. Minutes and Records
Clerk of Court's Office
m�
t° .eP
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
Rich Long/ GMD
Phone Number
239.252.2490
Contact / De artment
Agenda Date Item was
10/25/2022
Agenda Item Number
9A
Approved by the BCC
Type of Document
Milestone Ordinance
Number of Original
i
Attached
Documents Attached
I
number or account nu
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
aDoroDriate.
Initial
Applicable)
1.
Does the document require the chairman's original signature?
RL
2.
Does the document need to be sent to another agency for additional signatures? If yes,
- L-
rovide 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
RL
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
-KE
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
RL
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
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
RL
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 10/25/2022 and all changes made
during the meeting have been incorporated in the attached document. The County
(�
Attorne 's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
ip,
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
[YY-2013/1750313/1]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
9
ORDINANCE NO.2022 - 4 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ESTABLISHING A COLLIER COUNTY
MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS ORDINANCE; PROVIDING FOR TITLE,
APPLICABILITY AND DEFINITIONS; PROVIDING FOR MILESTONE
INSPECTIONS, REPORTING AND REPAIRS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes establishes the right and power of counties to
provide for the health, safety and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public; and
WHEREAS, the Legislature in Section 553.899 Florida Statutes imposed a statewide
structural inspection program for aging condominium and cooperative buildings to ensure that
such buildings are safe for continued use;
WHEREAS, the Board of County Commissioners desires to implement the local
inspection program for aging condominium and cooperative buildings through this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Mandatory
Inspection of Aging Condominium and Cooperative Buildings Ordinance."
SECTION TWO: APPLICABILITY.
This Ordinance shall apply in all unincorporated areas of Collier County, and the City of
Everglades City if the City of Everglades City agrees by resolution to have this Ordinance apply
and be enforced in the City of Everglades City and as long as the Collier County Building Official
serves as the Building Official for the City of Everglades City.
SECTION THREE: DEFINITIONS.
[22-IPR-00034/ 1742719/ 1131 Page 1 of 6
10/07/22
OR
When used in this Code, the following terms shall have the following meanings:
a. "Building Official" means the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction,
alteration, repair, remodeling, or demolition of structures and the installation of building
systems to ensure compliance with the Florida Building Code. This term is synonymous
with "building official" as used in the Florida Building Code.
b. "Milestone Inspection" means a structural inspection of a building, including an
inspection of load -bearing walls and the primary structural members and primary
structural systems as those terms are defined in s. 627.706, Florida Statutes by a licensed
architect or engineer authorized to practice in this state for the purposes of attesting to the
life safety and adequacy of the structural components of the building and, to the extent
reasonably possible, determining the general structural condition of the building as it
affects the safety of such building, including a determination of any necessary
maintenance, repair, or replacement of any structural component of the building. The
purpose of such inspection is not to determine if the condition of an existing building is
in compliance with the Florida Building Code or the fire safety code.
c. "Substantial Structural Deterioration" means substantial structural distress that
negatively affects a building's general structural condition and integrity. The term does
not include surface imperfections such as cracks, distortion, sagging, deflections,
misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or
architect performing the phase one or phase two inspection determines that such surface
imperfections are a sign of substantial structural deterioration.
SECTION FOUR: INSPECTION, REPORTING AND REPAIRS.
A. Milestone Inspection Required
A condominium association under chapter 718, Florida Statutes and a cooperative
association under chapter 719, Florida Statutes must have a Milestone Inspection performed for
each building that is three stories or more in height by December 31 of the year in which the
building reaches 30 years of age, based on the date the certificate of occupancy for the building
was issued, and every 10 years thereafter. If the building is located within 3 miles of a coastline
as defined in section 376.031, Florida Statutes, the condominium association or cooperative
association must have a Milestone Inspection performed by December 31 of the year in which
the building reaches 25 years of age, based on the date the certificate of occupancy for the
building was issued, and every 10 years thereafter. The condominium association or cooperative
association must arrange for the Milestone Inspection to be performed and is responsible for
ensuring compliance with the requirements of this Ordinance. The condominium association or
cooperative association is responsible for all costs associated with the inspection. This subsection
does not apply to a single-family, two-family, or three-family dwelling with three or fewer
habitable stories above ground.
[22-IPR-00034/1742719/1131 Page 2 of 6
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9H
1. However, for all condominium and cooperative buildings that received a certificate of
occupancy on or before July 1, 1992, the building's initial Milestone Inspection must
be performed before December 31, 2024. If the date of issuance for the certificate of
occupancy is not available, the date of issuance of the building's certificate of
occupancy shall be the date of occupancy evidenced in any record of the Building
Official.
B. Notice from Building Official
The Building Official shall provide the condominium association or cooperative
association written notice of the requirement for a Milestone Inspection by certified mail, return -
receipt requested once the Building Official has determined that a Milestone Inspection is required.
C. Milestone Inspection
A Milestone Inspection consists of two phases:
For phase one of the Milestone Inspection, a licensed architect or engineer authorized
to practice in this state shall perform a visual examination of habitable and nonhabitable
areas of a building, including the major structural components of a building, and
provide a qualitative assessment of the structural conditions of the building. If the
architect or engineer finds no signs of Substantial Structural Deterioration to any
building components under visual examination, phase two of the inspection, as
provided in paragraph C.2, is not required. An architect or engineer who completes a
phase one Milestone Inspection shall prepare and submit an inspection report pursuant
to paragraph D.
2. A phase two of the Milestone Inspection must be performed if any Substantial
Structural Deterioration is identified during phase one. A phase two inspection may
involve destructive or nondestructive testing at the inspector's direction. The
inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe
for its intended use and to recommend a program for fully assessing and repairing
distressed and damaged portions of the building. When determining testing locations,
the inspector must give preference to locations that are the least disruptive and most
easily repairable while still being representative of the structure. An inspector who
completes a phase two Milestone Inspection shall prepare and submit an inspection
report pursuant to paragraph D.
D. Owner's Report
Upon completion of a phase one or phase two Milestone Inspection, the architect or
engineer who performed the inspection must submit a sealed copy of the inspection report with a
separate summary of, at minimum, the material findings and recommendations in the inspection
[22-IPR-00034/1742719/1131 Page 3 of 6
10/07/22
yH
report to the condominium association or cooperative association, and to the Building Official of
the local government which has jurisdiction, subject to the following requirements.
Such report must meet the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed
engineer or architect who performed the inspection.
(b) Indicate the manner and type of inspection forming the basis for the
inspection report.
(c) Identify any Substantial Structural Deterioration, within a reasonable
professional probability based on the scope of the inspection, describe the extent
of such deterioration, and identify any recommended repairs for such
deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in
the Florida Building Code, were observed.
(e) Recommend any remedial or preventive repair for any items that are
damaged but are not substantial structural deterioration.
(f) Identify and describe any items requiring further inspection.
2. The phase one report must be submitted to the Building Official within 180 days of
receipt of the notice from the Building Official in paragraph B. The phase two report,
if required, must be submitted to the Building Official within 90 days of submittal of
the phase one report. All reports must be submitted by the licensed engineer or architect
who performed the inspection by e-mail, United States Postal Service, or commercial
delivery service.
3. The Building Official may issue an extension of not more than 60 days to submit the
phase two Milestone Inspection report upon a written extension request from an
engineer or architect. Such request must contain a signed and sealed statement from the
engineer or architect that the building may continue to be occupied while undergoing
inspection.
E. Repairs and Modifications
In the event that repairs or modifications are necessary as specified in the phase two
Milestone Inspection, the condominium or cooperative association shall have a total of
150 days from the date of submittal of the phase two inspection report to the Building
Official to obtain the necessary permits and complete indicated repairs or
modifications. All repairs or modifications requiring permits shall be performed in
conformance with the Florida Building Code as adopted by County Ordinance and shall
follow the timeline provided in the applicable active permit.
2. When any structural repairs or modifications are required, the responsible engineer or
architect who has performed the Milestone Inspection shall provide the Building
Official with a letter indicating whether the building or structure may continue to be
safely occupied while the building or structure is undergoing repairs. Such letter shall
[22-IPR-00034/1742719/1131 Page 4 of 6
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yA
be valid for no more than 180 days, and a new letter shall be issued if repairs or
modifications remain ongoing.
3. Once all applicable repairs are completed, the engineer(s) or architect(s) providing the
Milestone Inspection report must provide an amended report indicating that the
building or structure is safe for continued use under the present occupancy.
4. All repairs for Substantial Structural Deterioration must be commenced within 365
days of receipt by the Building Official of the phase two Milestone Inspection report.
5. The Building Official may issue an extension of not more than 60 days to obtain any
necessary permits upon a written extension request from an engineer or architect. Such
request must contain a signed and sealed statement from the engineer or architect that
the building may continue to be occupied while undergoing recertification.
F. Failure to Perform Repairs and Modifications
If a condominium association or cooperative association fails to submit proof to the
Building Official that repairs have been scheduled or have commenced for Substantial Structural
Deterioration identified in a phase two inspection report within the required timeframe in
paragraph E, the Building Official must review and determine if the building is unsafe for human
occupancy.
SECTION FIVE: ENFORCEMENT AND PENALTIES
If any person, firm or corporation, whether public or private, or other entity fails or refuses
to obey or comply with or violates any of the provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a 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 Magistrate established pursuant to
the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently available to the 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-IPR-00034/1742719/1]31 Page 5 of 6
10/07/22
9N
SECTION SIX: CONFLICT AND SEVERABILITY
In the event that 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 this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SEVEN: 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 this Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED upon
nnyymajority vote by the Board of County
Commissioners of Collier County, Florida, this day of �Lr , 2022.
ATTEST:."
CRYSTAL K. KINZEL.,ITLERK
By:
Attest as to Chairman. Deputy Clerk
S4nato W4.
Approved as to form and legality:
" -,,I A
eidi As ton-Cicko �o
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER)CO RIDA
c•
By: '
W' iam J. McDaniel, Jr., Chairman
[22-IPR-00034/1742719/1]31 Page 6 of
10/07/22
l$_.INI. SII/L
'llll N 1 \N
1 �
FLORIDA DEPARTMENT 0 STATE
RON DESANTIS
Governor
October 28, 2022
Martha S. Vergara, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara,
CORD BYRD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2022-042, which was filed in this office on October
28, 2022.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1� p
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 routing lines # 1 through #2, complete the checklist, and forward to the County Attomev Office.
Route to Addressees (List in routing order)
Office
Initials
Date
1.
2.
3 County Attorney Office
County Attorney Office
4. BCC Office
Board of County
Commissioners
(U
( 2
5. Minutes and Records
Clerk of Court's Office
_2_Z_
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 missine information.
Name of Primary Staff
Rich Long/ GMD
Phone Number
239.252.2490
Contact / De artment
Agenda Date Item was
10/25/2022
Agenda Item Number
9A
Approved by the BCC
Type of Document
Milestone Ordinance
Number of Original
t
Attached
Documents Attached
I
number or account nu
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?
RL
2.
Does the document need to be sent to another agency for additional signatures? If yes,
—
rovide 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
RL
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
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
RL
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
signature and initials are required.
7.
In most cases (some contracts are an exception), the original document and this routing slip
RL
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 10/25/2022 and all changes made
N/A is not
during the meeting have been incorporated in the attached document. The County
XC,
an option for
Attorne 's Office has reviewed the changes, if applicable.
I this line.
9.
Initials of attorney verifying that the attached document is the version approved by the
N/A is not
BCC, all changes directed by the BCC have been made, and the document is ready for the
an option for
Chairman's signature.
th' '
[YY-2013/1750313/111: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised
11/30/12
9
ORDINANCE NO.2022 - 4 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA ESTABLISHING A COLLIER COUNTY
MANDATORY INSPECTION OF AGING CONDOMINIUM AND
COOPERATIVE BUILDINGS ORDINANCE; PROVIDING FOR TITLE,
APPLICABILITY AND DEFINITIONS; PROVIDING FOR MILESTONE
INSPECTIONS, REPORTING AND REPAIRS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes establishes the right and power of counties to
provide for the health, safety and general welfare of existing and future residents by enacting and
enforcing regulations necessary for the protection of the public; and
WHEREAS, the Legislature in Section 553.899 Florida Statutes imposed a statewide
structural inspection program for aging condominium and cooperative buildings to ensure that
such buildings are safe for continued use;
WHEREAS, the Board of County Commissioners desires to implement the local
inspection program for aging condominium and cooperative buildings through this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Mandatory
Inspection of Aging Condominium and Cooperative Buildings Ordinance."
SECTION TWO: APPLICABILITY.
This Ordinance shall apply in all unincorporated areas of Collier County, and the City of
Everglades City if the City of Everglades City agrees by resolution to have this Ordinance apply
and be enforced in the City of Everglades City and as long as the Collier County Building Official
serves as the Building Official for the City of Everglades City.
SECTION THREE: DEFINITIONS.
[22-IPR-00034/1742719/1]31 Page 1 of 6
10/07/22
944
When used in this Code, the following terms shall have the following meanings:
a. "Building Official" means the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspection of construction,
alteration, repair, remodeling, or demolition of structures and the installation of building
systems to ensure compliance with the Florida Building Code. This term is synonymous
with "building official" as used in the Florida Building Code.
b. "Milestone Inspection" means a structural inspection of a building, including an
inspection of load -bearing walls and the primary structural members and primary
structural systems as those terms are defined in s. 627.706, Florida Statutes by a licensed
architect or engineer authorized to practice in this state for the purposes of attesting to the
life safety and adequacy of the structural components of the building and, to the extent
reasonably possible, determining the general structural condition of the building as it
affects the safety of such building, including a determination of any necessary
maintenance, repair, or replacement of any structural component of the building. The
purpose of such inspection is not to determine if the condition of an existing building is
in compliance with the Florida Building Code or the fire safety code.
c. "Substantial Structural Deterioration" means substantial structural distress that
negatively affects a building's general structural condition and integrity. The term does
not include surface imperfections such as cracks, distortion, sagging, deflections,
misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or
architect performing the phase one or phase two inspection determines that such surface
imperfections are a sign of substantial structural deterioration.
SECTION FOUR: INSPECTION, REPORTING AND REPAIRS.
A. Milestone Inspection Required
A condominium association under chapter 718, Florida Statutes and a cooperative
association under chapter 719, Florida Statutes must have a Milestone Inspection performed for
each building that is three stories or more in height by December 31 of the year in which the
building reaches 30 years of age, based on the date the certificate of occupancy for the building
was issued, and every 10 years thereafter. If the building is located within 3 miles of a coastline
as defined in section 376.031, Florida Statutes, the condominium association or cooperative
association must have a Milestone Inspection performed by December 31 of the year in which
the building reaches 25 years of age, based on the date the certificate of occupancy for the
building was issued, and every 10 years thereafter. The condominium association or cooperative
association must arrange for the Milestone Inspection to be performed and is responsible for
ensuring compliance with the requirements of this Ordinance. The condominium association or
cooperative association is responsible for all costs associated with the inspection. This subsection
does not apply to a single-family, two-family, or three-family dwelling with three or fewer
habitable stories above ground.
[22-IPR-00034/1742719/1131 Page 2 of 6
10/07/22
QN
1. However, for all condominium and cooperative buildings that received a certificate of
occupancy on or before July 1, 1992, the building's initial Milestone Inspection must
be performed before December 31, 2024. If the date of issuance for the certificate of
occupancy is not available, the date of issuance of the building's certificate of
occupancy shall be the date of occupancy evidenced in any record of the Building
Official.
B. Notice from Building Official
The Building Official shall provide the condominium association or cooperative
association written notice of the requirement for a Milestone Inspection by certified mail, return -
receipt requested once the Building Official has determined that a Milestone Inspection is required.
C. Milestone Inspection
A Milestone Inspection consists of two phases:
1. For phase one of the Milestone Inspection, a licensed architect or engineer authorized
to practice in this state shall perform a visual examination of habitable and nonhabitable
areas of a building, including the major structural components of a building, and
provide a qualitative assessment of the structural conditions of the building. If the
architect or engineer finds no signs of Substantial Structural Deterioration to any
building components under visual examination, phase two of the inspection, as
provided in paragraph C.2, is not required. An architect or engineer who completes a
phase one Milestone Inspection shall prepare and submit an inspection report pursuant
to paragraph D.
2. A phase two of the Milestone Inspection must be performed if any Substantial
Structural Deterioration is identified during phase one. A phase two inspection may
involve destructive or nondestructive testing at the inspector's direction. The
inspection may be as extensive or as limited as necessary to fully assess areas of
structural distress in order to confirm that the building is structurally sound and safe
for its intended use and to recommend a program for fully assessing and repairing
distressed and damaged portions of the building. When determining testing locations,
the inspector must give preference to locations that are the least disruptive and most
easily repairable while still being representative of the structure. An inspector who
completes a phase two Milestone Inspection shall prepare and submit an inspection
report pursuant to paragraph D.
D. Owner's Report
Upon completion of a phase one or phase two Milestone Inspection, the architect or
engineer who performed the inspection must submit a sealed copy of the inspection report with a
separate summary of, at minimum, the material findings and recommendations in the inspection
[22-IPR-00034/1742719/1131 Page 3 of 6
10/07/22
9
report to the condominium association or cooperative association, and to the Building Official of
the local government which has jurisdiction, subject to the following requirements.
Such report must meet the following criteria:
(a) Bear the seal and signature, or the electronic signature, of the licensed
engineer or architect who performed the inspection.
(b) Indicate the manner and type of inspection forming the basis for the
inspection report.
(c) Identify any Substantial Structural Deterioration, within a reasonable
professional probability based on the scope of the inspection, describe the extent
of such deterioration, and identify any recommended repairs for such
deterioration.
(d) State whether unsafe or dangerous conditions, as those terms are defined in
the Florida Building Code, were observed.
(e) Recommend any remedial or preventive repair for any items that are
damaged but are not substantial structural deterioration..
(f) Identify and describe any items requiring further inspection.
2. The phase one report must be submitted to the Building Official within 180 days of
receipt of the notice from the Building Official in paragraph B. The phase two report,
if required, must be submitted to the Building Official within 90 days of submittal of
the phase one report. All reports must be submitted by the licensed engineer or architect
who performed the inspection by e-mail, United States Postal Service, or commercial
delivery service.
3. The Building Official may issue an extension of not more than 60 days to submit the
phase two Milestone Inspection report upon a written extension request from an
engineer or architect. Such request must contain a signed and sealed statement from the
engineer or architect that the building may continue to be occupied while undergoing
inspection.
E. Repairs and Modifications
In the event that repairs or modifications are necessary as specified in the phase two
Milestone Inspection, the condominium or cooperative association shall have a total of
150 days from the date of submittal of the phase two inspection report to the Building
Official to obtain the necessary permits and complete indicated repairs or
modifications. All repairs or modifications requiring permits shall be performed in
conformance with the Florida Building Code as adopted by County Ordinance and shall
follow the timeline provided in the applicable active permit.
2. When any structural repairs or modifications are required, the responsible engineer or
architect who has performed the Milestone Inspection shall provide the Building
Official with a letter indicating whether the building or structure may continue to be
safely occupied while the building or structure is undergoing repairs. Such letter shall
[22-IPR-00034/1742719/1]31 Page 4 of 6
10/07/22
yp
be valid for no more than 180 days, and a new letter shall be issued if repairs or
modifications remain ongoing.
3. Once all applicable repairs are completed, the engineer(s) or architect(s) providing the
Milestone Inspection report must provide an amended report indicating that the
building or structure is safe for continued use under the present occupancy.
4. All repairs for Substantial Structural Deterioration must be commenced within 365
days of receipt by the Building Official of the phase two Milestone Inspection report.
5. The Building Official may issue an extension of not more than 60 days to obtain any
necessary permits upon a written extension request from an engineer or architect. Such
request must contain a signed and sealed statement from the engineer or architect that
the building may continue to be occupied while undergoing recertification.
F. Failure to Perform Repairs and Modifications
If a condominium association or cooperative association fails to submit proof to the
Building Official that repairs have been scheduled or have commenced for Substantial Structural
Deterioration identified in a phase two inspection report within the required timeframe in
paragraph E, the Building Official must review and determine if the building is unsafe for human
occupancy.
SECTION FIVE: ENFORCEMENT AND PENALTIES
If any person, firm or corporation, whether public or private, or other entity fails or refuses
to obey or comply with or violates any of the provisions of this Ordinance, such person, firm,
corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a 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 Magistrate established pursuant to
the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently available to the 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.
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10/07/22
9N
SECTION SIX: CONFLICT AND SEVERABILITY
In the event that 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 this Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed separate, distinct and independent provision and such holding shall not affect the validity
of the remaining portion.
SECTION SEVEN: 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 this Ordinance may be renumbered or re -
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED upon majority vote Iby the Board of County
Commissioners of Collier County, Florida, this �-Tay of , 2022.
ATTEST:
CRYSTAL K. KINZEL,'CLERK
By:
Attest a$ t0.0hainmap�$_Deputy Clerk
s4natwe lAW'a•
Approved as to form and legality:
kelidi As ton-Cicko �.fl
Managing Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER CO RIDA
By: '
W' iam J. McDaniel, Jr., Chairman
[22-IPR-00034/1742719/1131 Page 6 of 6
10/07/22
ti tiE�"�
y A 14,'
FLORIDA DEPARTMENT Of STATE
---- - -
RON DESANTIS
Governor
October 28, 2022
Martha S. Vergara, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Martha Vergara,
CORD BYRD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of the Collier County Ordinance No. 2022-042, which was filed in this office on October
28, 2022.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270