Ordinance 98-020 ORDINANCE NO. 98- 20
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ORDINANCE ,MY[ENDING COLLIE COUNTY
OIH)INANCE NO, 92-80 BY PROVH)ING FOR NOTICE
FOR COD~'- !~FFOR~ BOkRD PROCEEDINGS BY
I~:)~G; PROYrl)[NG FOR INCLU~ON IN TEE CODE
OF LAWS AND OI~INANC'T.S; PROVIDING AN
E~~ DA~.,
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
WHEREAS, pursuant to Section 162.12, Florida ,Vtatute$, there are alternative methods
of providing notices to re~ondents including posting notice at the property upon which the
violation is alleged to exist and at the front door of the courthouse; and
WHEREAS, the Board of County Commissioners has determined that providing notice
by posting is a beneficial alternative to the citizcas of Collier County.
NOW TttEREFORE, BE IT ORDAINEl) BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendmeats to Section Fourteen of Collier County Ordinance No. 92-80.
Section Fourteen of Collier County Ordinance No. 92-80 is hereby mended toecad as
follows:
SF_I'rION FOURTEEN: Notices.
1. All notices required by fixis Ordinance shall be provided by certified mail, return
receipt requested, or by hand delivery by the director, sheriff or other law enforcement officer,
Code Eaforcement Official, or other ~rson designat~l by the Commission or by leaving the
notice at the violator's usual place of residence with some person of his/her family over 15 years
of age and informing such person of the contents of the notice.
2. In addition to providing notice as set forth in Subsection 1 of this Section, at the
option of the Board, notice may also be served by publication, as follows:
(a) Such notice shall be published once during each week for four (4) consecutive
weeks (four publications being suff'xcient) in a newspaper of general circulation in Collier
County. The newspaper shall meet such requirements as a~ prncribed under Chapter
50, Florida Statutes, for legal and official advertisements.
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(b) Proof of publication shall be made as provided in Sections 50.041 and 50.051,
Florida ~tcuutes.
(c~ In lieu of publication as described in Subsection (2~fa~ of this Section, ~uch notice
may 1~ posted for at least ten flO~ days in at least two (2~ locations. one of which shall be
the prone~ _upon which the violation is alleged to exist and the other of which shall be at
the from door of the courthouse. Proof of POSting shall be by affidavit of the Denon
po~tinR the notice. which affidavit shall include a c.o~v of the notice Dosted and the date
and place~ of its _oostinL
Notice by publication or vostini may run concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by mail as required under Subsection 1 of this
Seaion.
3. Eviden~ that an attempt has been made to hand deliver or mail notice as provided
in Subsection 1 of this Section, together with proof of publication ~ as provided in
Subsection 2 of this S¢.~ion, shall be sufficient to show that the notice requirements of this
Ordinance have been met, without regard to whether or not the alleged violator actually received
such notice.
SECTION TWO: Conflict and Severability.
In the event this Ordlrmnee 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 a
r, eparate, d~ and independem provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: Inclusion in the Code of Laws and ices.
The pwvisiens 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 tenumbered
or relettered to accomplish such, and the word "Ordinance* may be changed to "Section",
"Article*, or any other appropriate word.
SECTION FOUR: Effective Date,
This Ordnance shall become effective upon filing this Orditumce with the Secreta~ of
StaZ.
PASSED AND DULY ADOPTED by the Board of County C~-m~dssioners of Collier
county, F~orida, t~/~ day of "~'h~,._.~ , ~99S.
· ':.Ati~st: . "~~t', BOARD OF COUNTY COMMISSIONERS
..~ ~I)wight E. Bx'ock~Clerk OF COLLIER COUNTY, FLORIDA
" ::~,.~.r/,#, "~' ' ' This ordinance filed with the
Approved as to form ,,'~,ac day ot .
II~ legal g'dffjC~el3C'y: and acknowledgement of tha~
~ ~ _~,~2 i n receive t i y
~o Marllich' ' , . _
Chief A~sistant ~ Attorney ~ c~
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. 98-20
Which was adopted by the Board of County Commissioners on the 10th day
of March, 1998 during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of March, 1998.
DWIGHT E. BROCK .
clerk of Court, and C ~ ~ ~ S ;,.. ".,..
Ex-officio tO Board _~
County Commissioners~,.
By: /s/ ".~'.-' .~ d ~.~
Deputy= Cle~.' ','.> ' ':-',$ ~"'...:i;'
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