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Backup Documents 09/26/2023 Item #17A Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, August 25, 2023 3:02 PM To: Minutes and Records Cc: SerranoMarlene Subject: ad request - condo inspections Attachments: ad request - amend 22-42 milestone condo inspections.pdf;Ad copy - condo inspections (rev. BCC template - 3.29.23).docx; Ordinance amend 22-42 milestone condo inspections.pdf M&R: Please process the attached ad request to run in the regular classified section of the NDN on Wednesday, September 6, 2023, using the provided ad template. This is not a County Attorney ad, but should be charged as noted in the ad request. Please acknowledge receipt of this request. Thank you, Wanda Rodriguez, MCP, CRItil Office of the County Attorney (239) 252-8400 coo.I F/to t W COLLIERS id program �Ry,� C::[ificA Pubic ManiFcr 'SINCEE w 005 4- 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 .1.//.. COLLIER COUNTY FLORIDA '"/f! REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARIN('s • - To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) *********************************************************,***************xx—*xx,,,.x*,,,, *************** Originating Dept/Div: Growth Management Person: Marlene Serrano 252-2422 Date: 8/9/23 Petition No.(If none,give brief description): amend Ordinance 22-42 re milestone condo inspections Petitioner: (Name&Address): none Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) none Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing at least 20 days before hearing.) September 26,2023(ad to run no later than Wednesday,September 6,2023) Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑Legally Required Proposed Text: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPECTION, REPORTING AND REPAIRS; 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 Reviewed by: /3144? 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 ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ***************xx***************************xxxxxxxxx********w*,,**,**w****;,*****xxxxx*********,xxxxx***x** FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: _ _ 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 commencing at 9:00 a.m. on September 26,2023, in the Board of County Commissioners meeting room,third floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA AMENDING ORDINANCE NO. 2022-42, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPECTION, REPORTING AND REPAIRS; 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. 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 an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 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 encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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. ORDINANCE NO. 2023 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE,TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPECTION, REPORTING AND REPAIRS; 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, on October 25, 2022, the Board of County Commissioners adopted Ordinance No. 2022-42 to establish Collier County Mandatory Inspection of Aging Condominium and Cooperative Buildings Ordinance to implement the local inspection program for aging condominium and cooperative buildings. WHEREAS,the Board of County Commissioners desires to make changes to the County's Ordinance to reflect changes in State law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENTS TO SECTION THREE, DEFINTIONS. Section Three, Definitions, of Ordinance No 2022-42 is hereby amended as follows: When used in this Code, the following terms shall have the following meanings: 12 Words struck through are deleted,words underlined are added. 1 of 7 Milestone Inspection Amendment 6/26/23 a. "Association" means a residential condominium association under chapter 718, Florida Statutes or a residential cooperative association under chapter 718 or 719, Florida Statutes including any owner of any portion of the building which is not subject to the condominium or cooperative form of ownership. a:b. "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.-c. "Milestone Inspection" means a structural inspection of a building, including an inspection of load-bearing walls elements and the primary structural members and primary structural systems as those terms are defined in s. 627.706,Florida Statutes by a an licensed architect licensed under chapter 481,Florida Statutes or engineer licensed under chapter 471, Florida Statutes 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. Ed. "Substantial Structural Deterioration" means substantial structural distress or substantial structural weakness 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 TWO: AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING AND REPAIRS. Section Four, Inspection, Reporting and Repairs, of Ordinance No 2022-42 is hereby amended as follows: A. Milestone Inspection Required An condominium association under chapter 718, Florida Statutes and a cooperative association under chapter 719, Florida Statutes Association 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 a building reached 30 years of age before 12 Words struck through are deleted,words underlined are added. 2 of 7 Milestone Inspection Amendment 6/26/23 July 1, 2022, the building's initial Milestone Inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1,2022 and before December 31,2024, then the building's Milestone Inspection must be performed before December 31, 2025. 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 Association must have a Milestone Inspection performed by December 31 of the year in which the building reaches 25 years of age, thereafter. The ^ ation ^ rative ation 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 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. 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 building is subject to environmental conditions such as proximity to salt water as defined in Section 379.101, Florida Statutes, the Building Official may determine that the 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. 2. 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 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. The condominium or cooperative association must notify the unit owners of the required Milestone Inspection within 14 days after the receipt of written notice from the Building Official and provide the date the Milestone Inspection must be completed. 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 12 Words struck through are deleted,words underlined are added. 3 of 7 Milestone Inspection Amendment 6/26/23 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 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 by the owners from the Building Official condominium or cooperative association 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. If a phase two inspection is required, within 180 days after submitting a phase one inspection report, the architect or engineer performing the phase two inspection must submit a phase two progress report to the Building Official with a timeline for 12 Words struck through are deleted,words underlined are added. 4 of 7 Milestone Inspection Amendment 6/26/23 completion of the phase two inspection. The phase two inspection report must be submitted to the Building Official by the date of completion in the progress 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 extend the date by which a building's initial phase one milestone inspection must be completed upon a showing of good cause by the owner or owners of the building that the inspection cannot be timely completed if the owner or owners have entered into a contract with an architect or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the deadline or other circumstance to justify an extension. 3,4. 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 1. 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 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. 12 Words struck through are deleted,words underlined are added. 5 of 7 Milestone Inspection Amendment 6/26/23 F. Failure to Perform Repairs and Modifications If an eendeminium-asseeiatiewer-eeeperative-asseeiation 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 THREE: 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 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 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 FIVE: 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 , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk Rick LoCastro, Chairman 12 Words struck through are deleted,words underlined are added. 6 of 7 Milestone Inspection Amendment 6/26/23 Approved as to form and legality: I Heidi Ashton-Cicko 7-11-23 Managing Assistant County Attorney 12 Words struck through are deleted,words underlined are added. 7 of 7 Milestone Inspection Amendment 6/26/23 Jennifer Hansen From: Jennifer Hansen Sent: Friday, August 25, 2023 4:27 PM To: Naples Daily News Legals Cc: Minutes and Records Subject: Amending Ordinance 22-42 Milestone condo inspections Attachments: condo inspections.docx;Amend 22-42 condo inspections.docx Good afternoon, Please advertise the following attached Wednesday, September 6, 2023. This advertisement MAY BE placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received if you have any questions feel free to call. Thanks Jennifer Hansen BMR&VAB Deputy Clerk , % (ot k, Office: 239-252-8406 Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County ,���, 3299 Tamiami Trail E, Suite #401 "",rt Naples, FL 34112 www.CollierClerk.com i 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 commencing at 9:00 a.m. on September 26,2023, in the Board of County Commissioners meeting room,third floor, Collier Government Center,3299 East Tamiami Trail,Naples,FL,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPECTION, REPORTING AND REPAIRS; 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. 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 an individual to speak on behalf of an organization or group is encouraged.If recognized by the Chairman,a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 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 encourage public involvement,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 through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting,please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. 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. NDN Acct #1020822 August 25, 2023 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Condo Inspections Dear Legal: Please advertise the above referenced Notice (to be placed in the Classified Section of the paper) on Wednesday, September 6, 2023, and send the affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Jennifer Hansen, Deputy Clerk P.O. #4500220085 Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, August 25, 2023 4:27 PM To: Jennifer Hansen Subject: DO NOT REPLY External Message Please use caution when opening attachments, clicking links, or replying to this message. Early Deadlines will be in effect for the Labor Day Holiday . Our offices will be closed on Monday, September 4th 2023. 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. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department Jennifer Hansen From: Minutes and Records To: Wanda Rodriguez; Minutes and Records Cc: SerranoMarlene Subject: RE: ad request - condo inspections Good afternoon Received and processing!! Thank you, Jennifer Hansen BMR &VAB Deputy Clerk ��}1f COURel Office: 239-252-8406 Fax: 239-252-8408 E-mail: jennifer.hansen@CollierClerk.com AOfficeoftheClerk of theCircuit Court & Comptroller of Collier County <<�� 3299 Tamiami Trail E, Suite#401 Naples, FL 34112 www.CollierClerk.com From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, August 25, 2023 3:02 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: SerranoMarlene <Marlene.Serrano@colliercountyfl.gov> Subject: ad request-condo inspections M&R: Please process the attached ad request to run in the regular classified section of the NDN on Wednesday, September 6, 2023, using the provided ad template. This is not a County Attorney ad, but should be charged as noted in the ad request. Please acknowledge receipt of this request. Thank you, Wanda Rodriguez, MCP, CPA Office of the County Attorney (239) 252-840o 1 „„,. . ap1cii 3IaiLu ?i PART OF THE USA TODAY NETWORK EMERGENCY SERVICES 3327 TAMIAMI TRL E NAPLES FL 34112--490 Account AD# Order Tax Amount Total Order Payment Method Order Payment Order Amount Amount 2427251 0005810907 $483.00 $0.00 $483.00 Invoice $0.00 $483.00 Sales Rep: KTheodore Order Taker: KTheodore Order Created 08/25/2023 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 138 09/06/2023 09/06/2023 NDN-naplesnews.com 1 2.00 138 09/06/2023 09/06/2023 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION Text of Ad: 08/25/2023 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 commencing at 9:00 a.m. on September 26, 2023, in the Board of County Com- missioners meeting room, third floor, Collier Government Center,3299 East Tamiami Trail, Naples,FL,to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42,WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE, TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMEND- MENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPEC- TION, REPORTING AND REPAIRS; 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. 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 mi- nutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written mate- rials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 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 encourage public involve- ment, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceed- ing. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar- of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Indi- viduals who register will receive an email in advance of the pub- lic hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical is- sues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@collierc ountyfl.gov. 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 accommoda- 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 listening devices for the hearing impaired are available in the Board of County Commissioners Office. Pub:September 6,2023#5810907 Jennifer Hansen From: Jennifer Hansen on behalf of Minutes and Records Sent: Monday, August 28, 2023 7:47 AM To: Minutes and Records; RodriguezWanda Cc: SerranoMarlene Subject: RE: ad request - Milestone Condo Inspections Attachments: OrderConf.pdf Good morning Attached is your ad proof and estimated costs. Thank you, Jennifer Hansen BMR &VAB Deputy Clerk wot couirt Office: 239-252-8406 Fax: 239-252-8408 Y E-mail: jennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court ' & Comptroller of Collier County r<<.` 3299 Tamiami Trail E, Suite #401 -cot +NIN• Naples, FL 34112 www.CollierClerk.com From:Jennifer Hansen<jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent: Friday, August 25, 2023 4:30 PM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: SerranoMarlene<Marlene.Serrano@colliercountyfl.gov> Subject: RE: ad request-condo inspections Good afternoon Received and processing!! Thank you, i Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, August 25, 2023 4:50 PM To: Jennifer Hansen Subject: RE: 5810907 Amending Ordinance 22-42 Milestone condo inspections Attachments: OrderConf.pdf External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please find your order confirmation and proof of ad attached. Your ad is set to run in [Naples Daily News] on [9/6]. We used account# 1020822 as stated on Request letter. The total cost is [483.00] which includes an affidavit that will be mailed to you 7-10 business days after the last day of the ad printing. Your notice is scheduled to run, per your request, and will publish unless you advise otherwise. In the future, be on the lookout for access to our online self-serve ad portal in your local publication to conveniently place future legal notices. Thank you, Keyonna Theodore Public Notice Representative �USATODAYK LOCALiQ NETWOR Office: 844-254-5287 From:Jennifer Hansen<jennifer.hansen@collierclerk.com> Sent: Friday, August 25, 2023 4:27 PM To: NDN-Legals<legals@naplesnews.com> Cc: Minutes and Records<MinutesandRecords@collierclerk.com> Subject: 5810907 Amending Ordinance 22-42 Milestone condo inspections Good afternoon, Please advertise the following attached Wednesday, September 6, 2023. This advertisement MAY BE placed in that portion of the newspaper where classified advertisements appear. Please forward an ok when received if you have any questions feel free to call. Thanks 1 Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, August 25, 2023 4:32 PM To: Jennifer Hansen Cc: SerranoMarlene Subject: RE: ad request - condo inspections Thank you Jennifer. FYI, I will be out of the office on Monday. Have a nice weekend, Wanda Rodriguez, MCP, CP.M Office of the County Attorney (239) 252-8400 A PC) kk °`'"' • ' �� PROIDIYSERVINI�G J� V COIIlER COUNTY program SINCE C,tit i Public Mi ,. \ 2oOLi ©NAL �,.,w , 2005 From:Jennifer Hansen <jennifer.hansen@collierclerk.com>On Behalf Of Minutes and Records Sent: Friday, August 25, 2023 4:30 PM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov>; Minutes and Records <MinutesandRecords@collierclerk.com> Cc: Marlene Serrano<Marlene.Serrano@colliercountyfl.gov> Subject: RE: ad request-condo inspections 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. Good afternoon Received and processing!! Thank you, i Jennifer Hansen From: Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Sent: Tuesday, August 29, 2023 11:25 AM To: Minutes and Records;Jennifer Hansen Cc: SerranoMarlene Subject: proof approval- Milestone Condo Inspections Attachments: OrderConf.pdf Staff and attorney approvals are below, and there are no other approvals required for this ad. Thank you, Wanda Rodriguez, .ACP, CPA Office of the County .Attorney (239) 252-8400 Lr�RT�F/f0 A 11 yp ARYSVIINi9ACP Tc v � W Dprogram CciifieA Public Mnnigcr �� From: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Sent:Tuesday, August 29, 2023 10:52 AM To:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Subject: FW: ad proof for approval- Milestone Condo Inspections Approved. Thank you! Q Fteidi Ashtoo,-Oic!eo Managing Assistant County Attorney Office of the County Attorney 2800 North Horseshoe Drive, Suite 301 Naples,FL 34104 (239) 252-ey—-3 From:Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent:Tuesday,August 29,2023 10:08 AM To: Heidi Ashton <Heidi.Ashton@colliercountyfl.gov> Cc: Kathynell Crotteau<Kathynell.Crotteau@colliercountyfl.gov> Subject:ad proof for approval- Milestone Condo Inspections Heidi, For your approval please. i Hi Marlene, Please review and advise if the ad proof is approved for publication. Wanda Rodriguez, .ACP, CPM Office of the County .Attorney (239) 252-8400 p ; program eritORY OWENR COUNTY r w t " Cep uficd Public M.mogcr SINCE v NALA .,.. Nown.ly 44A-2°°541fr From: Marlene Serrano<Marlene.Serrano@colliercountyfl.gov> Sent: Monday, August 28, 2023 9:22 AM To: Minutes and Records<MinutesandRecords@collierclerk.com>; Wanda Rodriguez <Wanda.Rodriguez@colliercountyfl.gov> Subject: RE: ad request- Milestone Condo Inspections Thank you! Respectfully, Marlene Serrano, MBA Building Plans Review& Inspections Manager hitr WSW v COWEN COUNTY Ti No SO r , Colt County 2800 N. Horseshoe Dr. Naples, FL 34104 Office:239-252-2422 Fax:239-252-6354 Marlene.Serrano@colliercountvfl.gov How are we doing? The Building Plan Review and Inspection Division wants to hear from you! Please take our online . We appreciate your feedback! 3 Jennifer Hansen BMR &VAB Deputy Clerk T4 Office: 239-252-8406 `°� Fax: 239-252-8408 E-mail: iennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court * * & Comptroller of Collier County ." 3299 Tamiami Trail E, Suite #401 `om-1.‘ Naples, FL 34112 www.CollierClerk.com From: Wanda Rodriguez<Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, August 25, 2023 3:02 PM To: Minutes and Records<MinutesandRecords@collierclerk.com> Cc: SerranoMarlene<Marlene.Serrano@colliercountyfl.gov> Subject: ad request-condo inspections M&R: Please process the attached ad request to run in the regular classified section of the NDN on Wednesday, September 6, 2023, using the provided ad template. This is not a County Attorney ad, but should be charged as noted in the ad request. Please acknowledge receipt of this request. Thank you, Wanda Rodriguez, MCP, CPA Office of the County .Attorney (239) 252-8400 A y1 6 'Q F L ►1 U�-c ( icp T P ; G) m yam 244 QS" 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. 5 Jennifer Hansen From: Jennifer Hansen Sent: Tuesday, August 29, 2023 11:34 AM To: 'Gannett Legals Public Notices 4' Cc: Minutes and Records; RodriguezWanda Subject: RE: 5810907 Amending Ordinance 22-42 Milestone condo inspections Good morning This Ad has been approved. Thank you, Jennifer Hansen BMR &VAB Deputy Clerk corcouRr Office: 239-252-8406 Fax: 239-252-8408 Y Ar E-mail: jennifer.hansen@CollierClerk.com Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail E, Suite #401 `t""" Naples, FL 34112 www.CollierClerk.com From: Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Friday, August 25, 2023 4:50 PM To:Jennifer Hansen<jennifer.hansen@collierclerk.com> Subject: RE: 5810907 Amending Ordinance 22-42 Milestone condo inspections External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Please find your order confirmation and proof of ad attached. Your ad is set to run in [Naples Daily News] on [9/6]. We used account# 1020822 as stated on Request letter. The total cost is [483.00] which includes an affidavit that will be mailed to you 7-10 business days after the last day of the ad printing. Your notice is scheduled to run, per your request, and will publish unless you advise otherwise. In the future, be on the lookout for access to our online self-serve ad portal in your local publication to conveniently place future legal notices. i Jennifer Hansen From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Tuesday, August 29, 2023 11:34 AM To: Jennifer Hansen Subject: DO NOT REPLY External Message. Please use caution when opening attachments, clicking links, or replying to this message. Early Deadlines will be in effect for the Labor Day Holiday . Our offices will be closed on Monday, September 4th 2023. 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. All Legal/Public Notices will be processed for the desired publication if received by deadline. Office Hours: Monday— Friday 8:00 am -5:00 pm CST/EST Thank you for your business. Gannett Legal/Public Notice Department ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 7 A 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 Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3 County Attorney Office County Attorney Office f-frAC- 4. BCC Office Board of County Commissioners (L4/1J'� 1/27 5. Minutes and Records Clerk of Court's Office q�^ 464/4 PRIMARY CONTACT INFORMATION ff '7J 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 Diane Lynch Phone Number 252-4283 Contact/ Department Agenda Date Item was 9/26/2023 Agenda Item Number 17A Approved by the BCC Type of Document Ordinance , Number of Original 1 Attached Documents Attached PO number or account 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? Yes 2. Does the document need to be sent to another agency for additional signatures? If yes, NA 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 dml 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 N/A 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 dml 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 dml signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip 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_9/26/2023_and all changes made crbt ' Y during the meeting have been incorporated in the attached document. The County \ . !1 • t; «• •+ ., 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 N r9•• o i Chairman's signature. 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 17A ORDINANCE NO. 2023 -41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42, WHICH ESTABLISHED A COLLIER COUNTY MANDATORY INSPECTION OF AGING CONDOMINIUM AND COOPERATIVE BUILDINGS ORDINANCE,TO UPDATE THE COUNTY'S PROGRAM TO REFLECT CHANGES IN STATE LAW; PROVIDING FOR AMENDMENTS TO SECTIONS THREE, DEFINITIONS, AND FOUR, INSPECTION, REPORTING AND REPAIRS; 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, on October 25, 2022, the Board of County Commissioners adopted Ordinance No. 2022-42 to establish Collier County Mandatory Inspection of Aging Condominium and Cooperative Buildings Ordinance to implement the local inspection program for aging condominium and cooperative buildings. WHEREAS,the Board of County Commissioners desires to make changes to the County's Ordinance to reflect changes in State law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: AMENDMENTS TO SECTION THREE, DEFINTIONS. Section Three, Definitions, of Ordinance No 2022-42 is hereby amended as follows: When used in this Code, the following terms shall have the following meanings: 12 Words struck through are deleted,words underlined are added. 1 of 7 Milestone Inspection Amendment 6/26/23 17A a. "Association" means a residential condominium association under chapter 718, Florida Statutes or a residential cooperative association under chapter 718 or 719, Florida Statutes including any owner of any portion of the building which is not subject to the condominium or cooperative form of ownership. a7b. "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 c. "Milestone Inspection" means a structural inspection of a building, including an inspection of load-bearing walls elements and the primary structural members and primary structural systems as those terms are defined in s. 627.706,Florida Statutes by a an licensed architect licensed under chapter 481,Florida Statutes or engineer licensed under chapter 471, Florida Statutes 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. e:d. "Substantial Structural Deterioration" means substantial structural distress or substantial structural weakness 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 TWO: AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING AND REPAIRS. Section Four, Inspection, Reporting and Repairs, of Ordinance No 2022-42 is hereby amended as follows: A. Milestone Inspection Required An condominium association under chapter 718, Florida Statutes and a cooperative association under chapter 719, Florida Statutes Association 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 a building reached 30 years of age before 12 Words struck through are deleted,words underlined are added. 2 of 7 Milestone Inspection Amendment 6/26/23 1 7 A July 1, 2022, the building's initial Milestone Inspection must be performed before December 31, 2024. If a building reaches 30 years of age on or after July 1, 2022 and before December 31, 2024, then the building's Milestone Inspection must be performed before December 31, 2025. If the building is-4neated-within-3-miles-ef-a-eeastline-as-dectned-in-seetien-3-7-6,0-3-17-Flefida-Statutea the condominium association or cooperative association Association must have a Milestone based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter. The condominium association or cooperative association 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 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. 1. However, for all condominium and cooperative buildings that received a certificate of be performed before December 31, 2021. if the building is subject to environmental conditions such as proximity to salt water as defined in Section 379.101, Florida Statutes, the Building Official may determine that the 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. 2. 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 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. The condominium or cooperative association must notify the unit owners of the required Milestone Inspection within 14 days after the receipt of written notice from the Building Official and provide the date the Milestone Inspection must be completed. 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 12 Words struck through are deleted,words underlined are added. 3 of 7 Milestone Inspection Amendment 6/26/23 17A 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 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 by the owners from the Building Official condominium or cooperative association in paragraph B. The phase two report, if required, must be If a phase two inspection is required, within 180 days after submitting a phase one inspection report, the architect or engineer performing the phase two inspection must submit a phase two progress report to the Building Official with a timeline for 12 Words struck through are deleted,words underlined are added. 4 of 7 Milestone Inspection Amendment 6/26/23 A completion of the phase two inspection. The phase two inspection report must be submitted to the Building Official by the date of completion in the progress 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 extend the date by which a building's initial phase one milestone inspection must be completed upon a showing of good cause by the owner or owners of the building that the inspection cannot be timely completed if the owner or owners have entered into a contract with an architect or engineer to perform the milestone inspection and the inspection cannot reasonably be completed before the deadline or other circumstance to justify an extension. 3,4. 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 1. 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 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. 12 Words struck through are deleted,words underlined are added. 5 of 7 Milestone Inspection Amendment 6/26/23 17A F. Failure to Perform Repairs and Modifications If an condominium association or cooperative association 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 THREE: 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 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 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 FIVE: 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 Z(oday of J -k:>71 ' , 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. K �, ERK COLLIER COUNTY, FLORIDA By: By: /26' Attest as to an' De ut Clerk Rick LoCastro, Chairman� p y signature onl 12 Words struck through are deleted,words underlined are added. 6 of 7 Milestone Inspection Amendment 6/26/23 7A Approved as to form and legality: HifAc- H di As ton-Cicko 7-11-23 Managing Assistant County Attorney This ordinance flied with the Secretary of St te's Office the ar4day of SZ ,a � and acknowledgement that filin eceived this �-• day of 8y ow." 12 Words struck through are deleted,words underlined are added. 7 of 7 Milestone Inspection Amendment 6/26/23 ,,,,, 17A .'.. .Alitt tit FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 2, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-41, which was filed in this office on October 2, 2023. 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 Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270