Ordinance 96-11 ORDINANCE NO. 96- 11
AN ORDINANCE TO BE ENTITLED THE COLLIER COUNTY PUBLIC
..~}[UISANCE ABATEMENT ORDINANCE; PROVIDING FINDINGS AND
PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING
FOR APPLICABILITY TO THE UNINCORPORATED AREAS. OF
COLLIER COUNTY, FLORIDA AND TO MUNICIPALITIES WITHIN
COLLIER COUNTY THAT AGREE TO THE APPLICATION AND
ENFORCEMENT OF THIS ORDINANCE WITHIN THE MUNICIPALITY;
SETTING FORTH DEFINITIONS; ESTABLISHING OPERATING
PROCEDURES; PROVIDING FOR THE CREATION OF THE COLLIER
COUNTY CODE ENFORCEMENT BOARD, NUISANCE ABATEMENT
DIVISION; PROVIDING FOR MEETINGS OF THE BOARD, THE
CONDUCT OF HEARINGS AND THE ENTRY OF NUISANCE ABATEMENT
ORDERS AND INJUNCTIONSI PROVIDING FOR IMPOSITION OF
COSTS; PROVIDING FOR REIIEARING AND APPEAL; PROVIDING
FOR PRESERVATION OF RIGHTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND ~ROVIDING AN EFFECTIVE DATE.
~{EREAS, Article VIII of the Constitution of the State of
Florida authorizes Florida counties to exercise broad home rule
powers; and
WHEREAS, Section 125.01(1), Florida Statutes, provides that
the legislative and governing body of a county shall have the
power to carry on county government and that said power includes,
but is not restricted to, a number of powers set forth in Section
125.01 so long as any powers exercised are not inconsistent with
general or special law; and
WHEREAS, Section 125.01(1)(t), Florida Statutes, provides
that a county may adopt ordinances and resolutions necessary for
the exercise of its powers and prescribe fines and penalties for
the violation of ordinances in accordance with law; and
WHEREAS, Section 125.01(1), Florida Statutes, enumerates
county powers which include, but are not limited to: providing
for the prosecution and defense of legal causes on behalf of the
county, establishing and enforcing zoning and business
regulations as are necessary for the protection of the public,
establishing and enforcing regulations for the sale of alcoholic
beverages in unincorporated areas of the county pursuant to
general law, entering into agreements with other governmental
agencies within or outside the boundaries of the county for joint
performance or performance by one unit on behalf of the other of
any of either agency's authorized functions, the performance of
any other acts not inconsistent with law, which acts are in the
-1-
common interest of the people of the county, and the exercise of
all powers and privileges not specifically prohibited by law; and
WHEREAS, Section 125.01(3)(a) and (b), Florida Statutes,
recognize that the enumeration of powers in Section 125.01(1),
Florida Statutes, shall be deemed to incorporate all implied
powers necessary or incident to carrying 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 sectioH and to secure for the counties the broad exercise
of home rule powers authorized by the State Constitution; and
WHEREAS, Section 893.138, Florida Statutes, authorizes local
administrative action to abate drug-related or prostitution-
related public nuisances as well as youth and street gang
activity, including the creation of an administrative board to
hear complaints regarding nuisances; and
WHEREAS, Section 823.01, Florida Statutes, declares that all
nuisances which tend to annoy the community or injure the health
of the citizens in general, or to corrupt the public morals, are
misdemeanors of the second degree, punishable as provided in
Section 775.083, Florida Statutes; and
WHEREAS, Section 823.05, Florida Statutes, declares certain
places and premises to be a nuisance and further provides that
such places or premises shall be abated or enJoined as provided
in Sections 60.05 and 60.06, Florida Statutes; and
WHEREAS, Section 60.05, Florida Statutes, authorizes the
County Attorney, among others, to sue in the name of the State on
his relation to enjoin nuisances, the persons maintaining same,
and the owner or agent of the building or ground on which the
nuisance exists; and
WHEREAS, Section 162.02, Florida Statutes, has the purpose of
protecting, promoting and improving the health, safety and
welfare of the citizens of the counties and municipalities of the
state by authorizing the creation of administrative boards with
authority to impose administrative fines and other non-criminal
penalties to provide an equitable, expeditious, effective and
inexpensive method of enforcing any codes and ordinances in force
-2-
in counties and municipalities, where a pending or repeated
violation continues to exist; and
W~EREAS, Section 162.08(5), Florida Statutes, provides that a
Code Enforcement Board shall have the power to issue orders
having the force of law to command whatever steps are necessary
to bring a violation into compliances and
WHEREAS, Section 162.13, Florida Statutes, provides that it
is the legislative intent of Sections 162.01-162.12, Florida
Statutes, to 'provide an additional or supplemental means of
obtaining compliance with local codes and that nothing contained
in those sections shall prohibit a local governing body from
enforcing its codes by any other means; and
WHEREAS, ongoing and recent law enforcement activities
conducted by the Collier Ccunty Sheriff indicate that t~,]re are
premises and places within Collier County which are used as the
site of illegal and/or nuisance activities including, but not
limited to, unlawful sale or delivery of controlled substances,
prostitution, youth and street gang activity, gambling, illegal
sale or consumption of alcoholic beverages, or lewd or lascivious
behavior; and
WHEREAS, the Board of County Commissioners of Collier County,
Florida (hereafter also referred to as "Board"), has determined
that any places or premises which are used as the site of illegal
or nuisance activities including, but not limited to, unlawful
sale or delivery of controlled substances, prostitution, youth
and street gang activity, gambling, illegal sale or consumption
of alcoholic beverages, or lewd or lascivious behavior, are a
public nuisance that adversely affects the public health, safety,
morals and welfare; and
WHEREAS, the Board has determined that abating public
nuisances which result from illegal and/or criminal activity is
necessary to improve the quality of life for the residents of
Collier County and that said abatement will safeguard the public
health, safety and welfare; and
WHEREAS, the Board desires to minimize, control and, to the
extent possible, eliminate the adverse and negative secondary
-3-
effects of public nuisances on surrounding neighborhoods and
areas and thereby protect the health, safety and welfare of the
citizenry, protect the citizens from increased crime, preserve
the quality of life, and preserve the property values and
character of surrounding neighborhoods, as well as deterring the
spread of urban blight; and
~{EREAS, concern over sexually transmi'~ted diseases is a
legitimate health concern of the County which demands enforcement
of prostituti6n and public nuisance laws to protect the health
and well-being of the citizenry; and
WHEREAS, it is the intent of this ordinance to enact and
enforce public nuisance laws in a manner and through procedures
which respect and uphold the constitutional due process rights of
all affected citizens and pz"'perty owners.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. FINDINGS AND PURPOSE.
a. The Board of County Commissioners of Collier County,
Florida, hereby finds and declares that any places or premises
which are used as the site of criminal, illegal and/or nuisance
activities including, but not limited to, unlawful sale,
possession (where such possession constitutes a felony and the
site has previously been used on more than one occasion as a site
of unlawful sale, delivery, manufacture or cultivation of any
controlled substance) or delivery of controlled substances,
prostitution, youth and street gang activity, gambling, illegal
sale or consumption of alcoholic beverages, or lewd or lascivious
behavior, are a public nuisance that adversely affects the public
health, safety, morals and welfare. The Board further finds that
abating public nuisances which result from illegal and/or
criminal activity is necessary to improve the quality of life for
the residents of Collier County and that said abatement will
safeguard the public health, safety and welfare.
b. It is the purpose of this ordinance to abate public
nuisances and thereby protect and promote the public health,
safety, welfare and morals of the citizens of the county. It is
-4-
also the purpose of this ordinance to achieve maid nuisance
abatement goal by utilizing the Collier County code Enforcement
Board and any other lawfully authorized procedures which afford
due process and respect and uphold the constitutional rights of
all affected by this ordinance including, but not limited to,
property owners. This ordinance is hereby declared to be
remedial and essential to the public interest and it is intended
that it be liberally construed to effectuate its stated purpose.
The provisio~s of this ordinance shall be cumulative and
supplemental to any provision of the Florida Statutes, Collier
County ordinances, or any other applicable law.
SECTION TWO. TITLE AND CITATION.
This ordinance shall be known and cited as the "Collier
County Public Nuisance Abaten,~.nt Ordinance."
SECTION THREE. APPLICABILITY.
The provisions of this ordinance shall apply to, and be
enforced in, the unincorporated areas of the county. Said
ordinance shall also apply to, and be enforced in, any
municipalities within Collier County that agree by resolution of
the governing body of said municipality to have this ordinance
apply and be enforced in the municipality.
SECTION FOUR. DEFINITIONS.
For the purposes of this ordinance, the following definitions
shall apply:
a. Public Nuisance:
Any area, location, property, place or premises which
has been used on more than two (2) occasions, within a six
{6) month period:
(1) As the site of a violation of Section 796.07,
Florida Statutes, relating to prostitution and/or the
solicitation of prostitution;
(2) As the site of the unlawful sale, delivery,
manufacture or cultivation of any controlled substance;
(3) On one (1) occasion as the site of the unlawful
possession of a controlled substance, where such possession
constitutes a felony and that has been previously used on
-5-
more than one (1) occasion as the site of the unlawful 8ale,
delivery, manufacture, or cultivation of any controlled
substance;
(4) By a youth and street gang for the purpose of
conducting a pattern of youth and street gang activity;
(5) For illegal gambling;
(6) For the illegal sale or consumption of alcoholic
beverages;
(7) )or lewd or lascivious behavior~
b. The definition of public nuisance shall also include:
any area, location, property, premises or place declared to
be a nuisance by Sections 823.05, 823.10 or 893.138, Florida
Statutes, or by Collier County ordinances as said statutes or
ordinances may be renumbered, amended or superseded from time
to time.
SECTION FIVE. OPERATING PROCEDURES.
a. Any employee, officer or resident of Collier County may
make a complaint and request for prosecution of public nuisances
before the Collier County Code Enforcement Board, Nuisance
Abatement Division, for public nuisance(s) located within the
applicable area of Collier County. Said complaint shall be made
with the Collier County Sheriff's Office if the complaint
involves criminal activity as the underlying basis for the
nuisance complaint. Any non-criminal nuisance complaints shall
be made with the office of the Collier County Code Enforcement
Department.
b. Upon the making of more than two (2) complaints within a
six (6) month period on any particular place or premises, the
Collier County Code Enforcement Supervisor or his/her designee
shall mail written notice of such complaints by certified mall,
return receipt requested, to the owner of the place or premises
complained of at the owner's address as shown in the Official
Records of Collier County. Said notice shall provide for the
owner of the place or premises to contact Collier County Code
Enforcement within fourteen (14) days of receipt of the notice.
%
This time period shall be allowed for the purpose of allowing the
-6-
owner to take such good faith measures as are appropriate to
abate the nuisance. The Code Enforcement SuperviSor or his/or
designee may extend the fourteen (14) days to allow the owner to
institute or continue actions to abate the nuisance, provided
that the actions taken are reasonable.
c. In the event the owner fails to respond to the notice
from Collier County Code Enforcement or fails to take reasonable
action to abate the nuisance within the time frames set forth
above, Collier County Code Enforcement and/or the County
Attorney's Office shall schedule a hearing on the complaint
before the Code Enforcement Board, Nuisance Abatement Division
(hereafter referred to as the "Nuisance Abatement Board"). The
Sheriff's Office shall assist the County Attorney's Office and/or
Code Enforcement by sharh~g with said offices information
regarding the investigation of the complaint and also assist in
serving any notices required under this ordinance. The Sheriff's
Office shall also make availakle the Sheriff's staff witnesses to
appear before the Nuisance Abatement Board.
d. Written notice of a hearing before the Nuisance
Abatement Board shall be provided by the Office of the County
Attorney and/or County Code Enforcement by certified mail, return
receipt requested, to the owner of the place or premises and to
the complainant at least fifteen (15) calendar days prior to the
scheduled hearing. Said notice shall include:
(1) A statement of the time, place and nature of the'
hearing;
(2) A statement of the legal authority and jurisdiction
under which the hearing is to be held;
(3) A reference to the particular sections of the
statutes and ordinances involved;
(4) A short and plain statement summarizing the
nuisance which is the subject of the complaint.
SECTION SIX. CREATION OF THE COLLIER COUNTY CODE
ENFORCEMENT BOARD, NUISANCE ABATEMENT DIVISION.
a. Pursuant to Article VIII of the Florida Constitution,
Section 125.01(1), Florida Statutes, and Chapter 162, Florida
-7-
Statutes, as well as Chapter 823, Florida Statutes, Section
893.138, Florida Statutes, and Collier County Ordinance No.
92-80, there is hereby created the Collier County Code
Enforcement Board, Nuisance Abatement Division. Said Board shall
consist of the membership of the Collier County Code Enforcement
Board and shall hear nuisance abatement cases arising under this
ordinance. The Nuisance Abatement Board shall hear nuisance
cases on a part cf the Code Enforcement Board agenda separate
from all other Code Enforcement Board cases. To the extent not
in contradiction wi~h this ordinance or other general or special
law, the provisions of Collier County Ordinance No. 92-80, as
amended or superseded from time to time, shall apply to the
Nuisance Abatement Board.
b. MeetinGs of the Board. The Collier County Code
Enforcement Board, Nuisance Abatement Division, shall attempt to
convene no less frequently than once every two (2) months, but it
may meet more or less often as required. Notice of the time and
place of meeting shall be given to all complainants and owners of
places or premises involved in the cases scheduled to be heard.
At least fifteen (15) days prior written notice of the hearing
shall be provided. Any aggrieved party may request a continuance
of the hearing. The Nuisance Abatement Board may grant a
continuance of any hearing for good cause.
c. Conduct of hearipgs.
(1) The Collier County Attorney's Office and/or County
Code Enforcement shall present cases before the Nuisance
Abatement Board. The Collier County Sheriff's Office shall
only be responsible for receiving and investigating
complaints, sharing said investigative information with the
Office of the County Attorney and/or County Code Enforcement,
notifying the County Attorney and County Code Enforcement of
the need to schedule hearings, assisting County Code Enforce-
ment staff in serving any notices required under this
ordinance and making available investigative witnesses at
Nuisance Abatement Board hearings, all as generally set forth
in Section 5 of this ordinance. All parties shall have an
-8-
opportunity to present evidence and argument on all issues
involved, to conduct cross-examination and submit rebuttal
evidence, and to be represented by counsel. Where
appropriate, the public may be given an opportunity to
present oral or written communications. If the Nuisance
Abatement Board proposes to consider such material, then all
parties shall be given an opportunity to cross-examine or
challenge or rebut said material. The Nuisance Abatement
Board may 'consider any evidence, including evidence of the
general reputation of the place or premises. }11 testimony
shall be under oath and shall be recorded. Formal rules of
evidence shall not apply, but fundamental due process shall
be observed and shall govern the proceedings. Orders of the
Nuisance Abatement Board shall be based on competent and
substantial evidence and must be based on a preponderance of
the evidence.
(2) After considering all evidence, the Nuisance
Abatement Board may declare the place or premises to be a
public nuisance, as defined in this ordinance and applicable
Florida Statutes, and may enter an order immediately
prohibiting:
(a) The maintaining of the nuisance;
(b) The operating or maintaining of the place or
premises, including the closure of the place or premises
or any part thereof;
(c) The conduct, operation or maintenance of any
business or activity on the premises which is conducive
to such nuisance.
An order entered under Subsection (2) shall expire
after one year or at such earlier time as stated in the
order. The Nuisance Abatement Board may retain Jurisdiction
to modify its orders prior to the expiration of said orders.
(3) The Nuisance Abatement Board or any other authoriz-
ed person, may bring a complaint under Section 60.05, Florida
Statutes, seeking a permanent injunction against any public
nuisance.
-9-
SECTION SEVEN. COSTS.
In the event that the Nuisance Abatement Board declares a
place or premises to be a nuisance and issues an order pursuant
to Section Six of this ordinance, the Nuisance Abatement Board
shall assess against the owner of the place or premises the costs
which the County and/or the Sl~eriff have incurred in the
preparation, investigation and presentation of the case. These
costs shall be due and payable ten (10) days after the written
order of the' Nuisance Abatement Board has been filed. A
certified copy of an order imposing costs may be recorded in the
official records and thereafter shall constitute a lien against
the land on which the violation exists or, if the violator does
not own the land, upon any other real or personal property owned
by the violator. Upon petition to the Circuit Court, said
order/lien may be enforced in the same manner as a court judgment
by the sheriffs of the state including levy against the personal
property, but such order shall not be deemed to be a court
judgment except for enforcement purposes. After one (1) year
from the filing of any such lien which remains unpaid, Collier
County may foreclose or otherwise execute on the lien. Interest
shall accrue on the unpaid costs at the legal rate of interest
set forth in Section 55.03, Florida Statutes, as said statute may
be amended or renumbered from time to time. No lien created
pursuant to the provisions of this ordinance may be foreclosed on
real property which is homestead under Article X, Section Four,
of the State Constitution.
SECTION EIGHT. REHEARING AND APPEAL.
Any aggrieved party may seek reb~aring and/or appeal the
orders of the Nuisance Abatement Board by following the
procedures set forth in Sections 12 and 13 of Collier County
Ordinance No. 92-80, as it may be amended or superseded from time
to time.
SECTION NINE. PRESERVATION OF RIGHTS.
This ordinance does not restrict the right of any person to
proceed under Section 60.05, Florida Statutes, against any public
nuisance.
-10-
SECTION TEN. CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other
ordinance of the City of Naples or 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 separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portion.
MECTION ELEVEN~ 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 tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section," "artice.a," or any other appropriate word.
SECTION TWELVE. EFFECTIVE DATE.
This ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
,.o'r. coklier county, Florida, this ./a_ day of
,,. .~.~ .......~,..
.. . : ..~ ~",..,~. ~.
H ' ' <~ '
"~' D~I T E,: B~OC~, Clerk BOARD OF COUNT~ COMMISSIONERS
.i' .... '
i[~~~ ~Oj~ C. NORRIS, Chairman
... :'..'.:''.-~. ,,..,' ·
Approv~d.as to form and
legal sufficiency:
Chief Assistant County Attorney
-11-
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 cop!' of:
ORDINANCE NO. 96-11
Which was adopted by the Board of County Commissioners on the 12th day
of March, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 13th day of March, 1996.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: /s/Ellie Hoffman Deputy Clerk