Ordinance 99-26 AN ORDINANCE AMENDING ORDINANCE NO.
92-80, AS AMENDED, PROVIDING FOR TIlE
ABILITY TO ESTABLISH MORE THAN ONE
CODE ENFORCEMENT BOARD ON AN AS
NEEDED BASIS; PROVIDING FOR TI-W~
FORECLOSURE OF LIENS AFTER THREE
MONTHS IF THOSE LIENS REMAIN UNPAID;
PROVIDING FOR SUPER PRIORITY STATUS
FOR LIENS FILED BY T!:!E CODE
ENFORCEMENT BOARD AS LIENS CO-EQUAL
WITH COUNTY TAXES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN T~ CODE OF LAWS AND
ORDINANCES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 20 1992, the Board of County Commissioners of Collier County
adopted Ordinance No. 92-80, known and cited as the "Collier County Code Enforcement Boards
Ordinance"; and
Wi~REAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties
to exercise broad home rule powers; and
WFIEREAS, Section 125.01(3)(a) and (b), Florida Statutes, recognizes that the enumeration of
powers in Section 125.01(1), Florida Statutes, shall be deemed to incorporate all implied powers
necessary or incident to carry out such powers enumerated and that Section 125.01, Florida Statutes,
shall be liberally construed in order to effectively carry out the purpose of the Section and to secure for
the counties the broad exercise of home rule powers authorized by the State Constitution; and
WlqEREAS, pursuant to Section 162.09(3), Florida Statutes, the Code Enforcement Board may
authorize the County Attorney to foreclose on unpaid liens after three (3) months from the filing of such
liens; and
WF!I~,,REAS, THE BOARD OF County Commissioners recognizes the need for Code
Enforcement liens to have super priority status co-equal with those liens filed for failure to pay County
taxes.
NOW, T~REFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendment to Section Five of Collier County Ordinance No. 92-80, as amended.
Section Five of Collier County Ordinance No. 92-80, as amended, is amended to read as follows:
SECTION FIVE: Composition; Appointment and Terms of Members.
1. The Commission may appoint one or more seven (7) member Boards with two (2)
alternate members. One (1) Collier County_ Code Enforcement Board is hereby established and
shall consist of seven (7) members with two (2) altemate members. who shall be appointed bY
the Commission. A second or additional Boards. with the same composition as the first Board
may be established by the Commission by Resolution as deemed necessary to carry_ out the
duties of the Code Enforcement Board. * .... t,~ t-~n;~, r, ....., r,^.~. c_c .......· k~^,~ ....
...k^ .~..n ~. .....;_,..; k.. ,~.. C.~r:':'..~:::'.?.n. All members of the Code Enforcement Boards shall
be permanent residents and electors of Collier County and shall serve without compensation.
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Words ~ are added; words a~.:'ek '&-eugh are deleted.
Members may be reimbursed for such travel, mileage and per diem expenses as may be
authorized, in advance, by the Commission.
2. Prior to making appointmerits to a Code Enforcement Board, the Commissioncr*s
staff shall provide the Commission with a list outlining the qualifications and demographic
background of each candidate for Board membership, along with a list detailing the
.-- qualifications, demographic backgrounds and term expiration of present members of a Code
Enforcement Board.
3. The appointment of members to a Code Enforcement Board shall be made on the
basis of experience or interest in the fields of zoning and building control, or other areas as are
relevant to the codes of the County which are to be enforced. The membership of the Code
Enforcement Boards shall, whenever possible, include, but not be limited to, an architect, a
businessman, an engineer, a general contractor, a subcontractor and a Realtor.
4. The initial terms of appointment of members shall be as follows:
(a) Two (2) members appointed for a term of one (1) year.
Co) Three (3) members appointed for a term of two (2) years.
(c) Two (2) members appointed for a term of three (3) years.
(d) One (1) alternate member for a term of two (2) years and the other alternate
member for a term of three (3) years.
5. In the event any member's term, including that of any alternate member's term,
expires during the pendency of a case(s) which has not reached conclusion by a final vote, such
member's expired term shall be extended for the limited time and for the limited purpose of
presiding over such particular case(s) until conclusion and final vote and the time for rehearing
has passed. In the event a rehearing is granted, such member's term shall continue for the limited
time and limited purpose to rehear the matter and reach conclusion by final vote.
6. After initial appointments, all appointments shall be made for a term of three (3)
years. A member may be reappointed by the Commission for one (1) successive term, provided,
however, that nothing herein shall prohibit any individual from being reappointed to a Board
after a hiatus of two (2) years. An appointment to fill a vacancy on a Code Enforcement Board
shall be for the remainder of the unexpircd term of office. All absences. vacancies and
resi_cmations shall be governed by CounW Ordinance No. 86-41. as amended. or its successor
Vacancies occurring on a Code Enforcement Board shall be publicized, but nccd not be
advertised, in a publication of general circulation within the County, and vacancy notices arc to
be posted in the County libraries and County Courthouse. Members of a Code Enforcement
Board may be suspended or removed for cause by the Commission.
SECTION TWO: Amendments to Section Eleven of Collier County Ordinance No. 92-80, as
amended.
Section Eleven of Collier County Ordinance No.92-80, as amended, is amended to read as
follows:
SECTION ELEVEN: Penalties.
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1. A Code Enforcement Board, upon notification by the Code Enforcement Official
that a previous order of a Board for a first violation has not been complied with by the specified
time, may order the violator to pay a fine which shall not exceed two hundred fifty dollars
($250.00) per day for each day the first violation continues past the date set for compliance; or in
the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed
five hundred dollars ($500.00) per day for each day the repeat violation continues, and a hearing
shall not be necessary for the issuance of the order. If a Code Enforcement Board finds a
violation to be irreparable or irreversible in nature it may impose a fine not to exceed five
thousand dollars ($5,000 00) per violation.
2. In determining the amount of the fine, if any, a Code Enforcement Board shall
consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to coffec t the violation; and
(c) Any previous violations committed by the violator.
3. A certified copy of an order imposing a fine may be recorded in the public records
and thereafter constitute a lien against the land in which the violation occurred or exists and shall
be superior to the interest on such parcel or property_ of any owner. lessee. tenant mortgagee or
other Derson excent the lien of County taxes. and shall be coeaual with County taxes n.~ .....
..... ~. .....~ ......... ~ ......~ ......,~ ~,., .~,a ..^~^~^.. and it may be enforced in the same
manner as a court judgment by the sheriffs of this State, ;-~-"~;-~ ~ ....... ;--~ ...... ~ .....
but shall not be deemed to be a court judgment except for enforcement purposes. After ~ix
~ months from the filing of any such lien which remains unpaid, the Code Enforcement
Board may authorize the County Attorney to foreclose on the lien. No lien created pursuant to
this Ordinance may be foreclosed on real property which is a homestead under Section 4, Article
X of the Florida Constitution.
No lien provided under this Ordinance shall continue for a period longer than twenty
(20) years after the certified copy of an order imposing a fine has been recorded, unless within
that time an action to foreclose on the lien is commenced in a court of competent jurisdiction.
The continuation of the lien effected by the commencement of this action shall not be good
against creditors or subsequent purchasers for a valuable consideration without notice, unless a
Notice of Lis Pendens is recorded.
SECTION TilttEE: Conflict And Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes
in the interest of public health, safety, welfare and convenience. If any Section, phrase, sentence or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other
appropriate word.
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SECTION FIVE: Effective Date.
This Ordinance shall become effective upon filing this Ordinance with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
~s~:''''~ '.!i=i::~ ':~:~i~,~.~oAP, n o~ co,_r~'rv co~ss~o~P,s
rIGHT B. BRO~K~ CLERK OF COLLIBR COUNTY, FLORIDA
sfgnature on17. ~_~,_ ~,,:,,~
c~ ~cknew'~ement of
Approved ~ to fore ~d legal sufficiency: ~i~i~ ~Y
of '
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-26
Which was adopted by the Board of County Commissioners on the
13th day of April, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 14th day of April, 1999.
DWIGHT E. BROCK
Clerk of Courts and ']elerk-
Ex-officio to Board'Tof~
County CommissionerS.=
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