Ordinance 2024-48 ORDINANCE NO. 2024 - 4 8
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2022-42,
AS AMENDED, 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 SECTION 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 and to give associations 150 days to obtain the necessary
permits.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENTS TO SECTION FOUR, INSPECTION, REPORTING
AND REPAIRS.
Section Four, Inspection,Reporting and Repairs, of Ordinance No 2022-42, as amended,is hereby
amended as follows:
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A. Milestone Inspection Required
An 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 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. The Association must arrange for the Milestone
Inspection to be performed and is responsible for ensuring compliance with the requirements of
this Ordinance. The Association is responsible for all costs associated with the inspection. This
subsection does not apply to a single-family,two-family,er-three-family, or four-family dwelling
with three or fewer habitable stories above ground.
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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 to 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.
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SECTION TWO: 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 THREE: 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-
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lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: 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 /0.' day of ND rpm&r , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
•(RkSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA
t 13y: By:
Deputy Clerk Chris 11, Chairman
-" ,,,,,-;Attest as to Chat?manes
r� A.���d ► ' signature only
(,f Approved as to form and legality:
pp :g Y
This 6rdincince filed/).L(7, wiffi the
0.
Secretary of at 's Off ic •off'('
a� ?o day of 1�
Heidi Ashton- icko 1p 'a‘-f and acknowledgement of that
fill g tea ived this cloy
Managing Assistant County Attorney of •
sy
D4 fatk
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Milestone Inspection Amendment
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 25, 2024
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 Crystal Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-48, which was filed in this office on November 20,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270