Ordinance 96-76 A}~ ORDINANCE AMENDING ORDINANCE NO. 89-06, THE COLLIER
COU~TY HOUSING ORDINANCE, BY PROVIDING FOR: SECTION
ONE, AMENDMENTS ADDING A NEW SECTION SIX ENTITLED
RENTAL DWELLING UNIT REGISTRATON REQUIREMENTS AND
PROCEDURES; SECTION TWO, AMEh'DMENTS TO SECTION SIX,
ESTABLISHMENT OF HOUSING OFFICIAL, TO RENUMBER SAID
SECTION, CHANGE THE DESIGNATION OF HOUSING OFFICIAL TO
CODE ENFORCEMENT DIRECTOR AND TO CHANGE REFERENCES TO
SECTION NUMBERS WITHIN THE TEXT; SECTION THREE,
AMENDMENTS TO SECTION SEVEN, INSPECTIONS OF STRUCTURES
A/qD PREMISES, TO RENUMBER SAID SECTION AND TO CHANGE
REFERRENCES TO SECTION NUMBERS WITHIN THE TEXT; SECTION
FOUR, AMENDMENTS TO SECTION EIGNT, NOTICE OF VIOLATION
PROCEDURES, TO RENUMBER SAID SECTION, TO ADD NOTICE
PROVISIONS TO LENDERS AND TO CHANGE REFERENCES TO
SECTION NUMBERS WITHIN THE TEXT; SECTION FIVE, REPEAL
OF ORDINANCE NO. 80-5, TO RENUMBER SAID SECTION;
SECTION SIX, PENALTIES, TO RE]PJMBER SAID SECTION;
SECTION SEVEN, LIBERAL CO~STRUCTION; SECTION EIGHT ,
INCLUSION ~N THE CODE OF LAWS AND ORDINANCES; SECTION
NINE, CONFLICT AND SEVERABILITY AND SECTION TEN,
EFFECTIVE DATE.
WHEREAS, wlthin the Jurisdiction of Collier County, Florida,
there are or may be dwellings and dwelling units which are unfit
for human habitation and use due to inadequate maintenance,
obsolescence or abandonment and which contain defects which
increase the hazards of fire, accident, or other calamities, and
which by reason of the lack of maint~nance, inadequate
ventilation, inadequate light and sanitary facilities, or other
conditions render such dwellings and dwelling units unsafe,
unsanitary, dangerous and detrimental to the health, safety, and
general welfare of the community; and
W]{EREAS, experience and accepted national housing surveys
have clearly demonstrated that such conditions result in a large
measure from improper maintenance, inadequate sanitary facility,
overcrowded conditions in residential occupancies, building and
premises, and from general neigh/~orho~ neglect; and
~EREAS, such unsafe and unsanitary conditions can be
improved and often eliminated or prevented through adopted and
enforced housing standards, resulting in the upgrading of living
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conditions and an overall enhancement of the general health,
safety and welfare of all residents and property owners of the
community; and
WHEREAS, experience and national housing surveys also
demonstrate that the above conditions occur with greater
frequency in the rental dwelling unit situation especielly
because of the absentee landlord;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COM]4ISSIONERS OF COLLIER COUP, FLORIDA T}{AT:
SECTION ONE: AMENDMENTS ~tDDING RENTAL DWELLING UNIT REGISTRATION
REQUIREMENTS AND PROCEDURES.
Ordinance No. 89-06, The Collier County Housing Ordinance,
is hereby amended to add a new Section Six entitled "Rental
Dwelling Unit R~gistration Requirements and Procedures" to read
as follows:
Words e~ are deleted~ words underlined are added.
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Development and Environmental Services Administrator. or his
designco. and include at a minimum the following information
a. The name and address of the applicant.
b. The names and addresses and telephone numbers of
all owners of the rental dwelling.
c. The name. local address and telephone number of
the responsible local agent or operator.
d. The number of rental units in each dwelling and
the address of the rental dwelling.
e. The name and address of any mortgage holder.
Registration shall be made prior to the use or occupancy of
any rental dwelling or rental unit. The term of the registration
shall be valid as long as the owner of such unit remains
unchanged. Anyi new owner or new agent shall register in
accordance withthe provisions o[ this Ordinance within ten days
of the transfer of ownership or agency,
3. LOCAL AGENT OR OPERATOR - The local agent or operator
shallbeaJerson or representative of a corporation.
;L~rtnership. firm. Joint venture. trust. association.
organization or other entity. having his or her place of
I~e~/~]]f~.~althe County and shall be designated by the owner to
operate such premises in compliance with the provisions of this
Ordinance. The owner may act as the local agent so long as he
residues in the County. All official notices of violation of this
Ordinance shall be issued to the agent or operator and any notice
so issued shall be deemed to have been issued upon the Owller of
SECTION TWO: AMENDMENTS TO SECTION SIX, ESTABISHMENT OF HOUSING
OFFICIAL - DESIGNATION, POWERS ~ DUTIES.
Section Six entitled "Establishment of Housing Official," of
Ordinance No. 89-06, the Collier County Housing Ordinance is
hereby amended to read as follows:
SECTION SIX ~'3[E]~. ESTABLISHMENT OF HOUSING OFFICI)~L -
DESIGNATION; POWERS AND DUTIES.
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There is hereby established the position of Housing Official
who is hereby charged with the duty of administering the
applicable standards set forth in this Ordinance and securing
compliance with all applicable provisions of this Housing Code.
The Ccntractcrz Liccnzlng an~ Cod~ Enfcrccmcnt SupcF:isor Code
Enforcement Director is hereby designated to be the Housing
Official established by this section. The Housing Official is
hereby authorized and directed to:
1. Make such inspections or take other, appropriate actions
as may be necessary to effectuate the purposes and intent of this
Housing Code and to initiate appropriate action to require
compliance where such inspections disclose any instances of non-
compliance with the Housing Code;
2, To reFeive and investigate complaints of alleged
housing code violations or other unsafe or unsanitary housing
conditions. In the course of such investigations the Housing
Official shall gather all relevant information relating to said
complaints, to conduct field investigations and inspections of
real property where necessary and to enter upon real property in
the conduct of official business as authorized by Section S?..r~.~
EIGHT of this Housing Code;
3. To issue notices of violation and w"ritten demands to
correct Housing Code violations in accordance with the procedures
set forth in Section =IC~TNINE of this Housing Code;
4. To initiate such other criminal or civil enforcement
procedures as may be authorized by law to require compliance by
any owner, operator, occupant or other responsible party with the
provisions of this Housing Code;
5. To appoint Housing Code Inspectors to assist the
Housing Official in enforcing the provisions of this Housing
Code.
SECTION THREE: A~MENTS TO SECTION SE~'Elq, INSPECTIONS OF
STRUCTURES E PREMISES
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Section Seven, entitled 'Inspection of Structures and
Premises of Ordinance No. 89-06, the Collier County Housing
Ordinance is hereby amended to read as follows:
SECTION SE~r~4 ~IGHT. INSPECTIONS OF STRUCTURES AND PREMISES.
1. The Housing Official and all Housing Code Inspectors
are authorized and directed, in accordance with this Section, to
enter and inspect dwellings, dwelling units, buildings,
structures and premises to determine their condition in order to
assure compliance with the provisions of this Housing Code or
upon receipt of cow~plaints or when the Rousing Official has cause
to believe a violation of this Housing Code exists. Inspections
shall take place during the regular business hours of Collier
County Government, or at a time mutually agreed upon by the
Housing Officta~ and the owner, operator or occupants.
2. Before entering into any dwelling, dwelling unit,
building, structure or upon premises subject to the provisions of
this Housing Code, the Housing Official or the Housing Code
Inspector shall attempt, but shall not be required, to secure the
written consent of the owner, operator or occupant of said
premises. In securing such written permission or at the time of
inspection, the Housing Official or the Housing Code Inspector
shall present County-issued identification and shall explain to
the owner, occupant or operator the purpose of the inspection.
3. The owner, operator, occupant or other person in
control of the dwelling, dwelling unit, building, structure or
premises shall allow the Housing Official or any Housing Code
Inspector free and unrestricted access to all areas subject to
the provisions of this Code for purposes of a full and complete
inspection and examination. Failure to provide or allow free and
unrestricted access to the Housing Official or Housing Code
Inspector for purposes of inspection shall constitute a violation
of this Housing Code and shall be punishable as set forth in
Section ~ F.J~ of this Housing Code. Further, in the event
that the Housing Official or a Housing Code Inspector is denied
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access or cannot obtain access to a dwelling, dwelling unit,
building, structure or premises for purposes of inspection, the
Housing Official or Housing Code Inspector is authorized and
directed to seek and obtain an inspection warrant authorizing
entry and inspection pursuant to Chapter 933, Florida Statutes
(1987).
SECTION FOUR: AM~M~S TO SECTION EIGHT, NOTICE OF VIOLATIONS
PROCEDURES.
Section Eight entitled 'Notice of Violations Procedures' of
Ordinance No. 89-06, the Collier County Housing Ordinance is
hereby amended to read as follows:
SECTION B~ NINl~. NOTICE OF VIOLATIONS PROCEDURES.
When the Housing Official or Housing Code Inspector
determines that. a violation of this Housing Code exists, the
following action shall be taken:
1. The HBusing Official or Housing Code Inspector will
give written notice of any alleged violation of the provisions of
this Housing Code to the owner, operator or other party
responsible for the dwelling, dwelling unit, building, structure
or premises. A copy of the wT~tten notice will be provided to
=he mortgage lender. if anyL Such wlritten notice shall include
the following:
a. A description of the location of the structure
involved, either by street address or legal description;
b. A statement of the nature of the violation and the
reason why the notice of violation has been issued;
c. A citation to the Section of Sections of this
Housing code upon which the violation is based;
d. If repairs or alterations will bring the structure
into co~liance with this Housing Code, a statement of the nature
and extent of such repairs or alterations necessary to comply
with this article;
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e. If repairs or alterations are necessary for
compliance, a specified time within which such repairs or
alterations are to be made;
f. If the violation is of such character that repairs
or alterations cannot bring the str~cture into compliance, a
statement to the that effect and an order for vacating the
premises with an explanation therefore and a time frame for
vacating the premises;
g. The name or names of persons upon whom the notice
of violation is served as stated in subsection (2) of this
Section;
h. A statement advising that the failure of the owner
or other responsible party to cure the violation within the time
period stated w~ll result in the Housing Official taking any and
all action as may be permitted by law to require compliance.
2. The written notice of violation referred to above shall
be served upon the owner or his agent or the operator, as well as
upon the occupant of the premises, if the premises are not
occupied by the owner. A copy of the notice of violation will be
provided to the mortgage lender. if any. Such service of notice
shall be deemed complete if a copy thereof is personally
delivered or, if personal delivery is refused or cannot be made
within the limits of Collier County, upon mailing by Certified
Mail, Return Receipt Requested, to the last knowIx address of the
owner as shown on the tax rolls of the County. If service of the
notice is made by certified mail, a copy of said notice shall
also be posted in a conspicuous place on the premises at which
the violations are located for a period of not less than 48
hours. Posting of the premises shall be considered adequate even
if the notice is removed by the owner, operator, occupant or any
other unauthorized or unidentified person prior to the 48 hour
time period having lapsed.
3. The Housing Official is authorized to condemn and
placard any building, dwelling, structure or accessory structure
which is in violation of this Code and is unsafe, unfit or
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unsanitary/for human occupation. The Housing Official may
placard the premises and order the premises be vacated or closed
to occupancy when the premises are unsafe, unfit or unsanitary
for human occupancy. The failure of any person to comply with
such order within the time designated by said Housing Official
shall be subject to the penalties of Section T.tZN., ELEVEN of this
Housing Code. Any unauthorized person removing, defacing or
mutilating any such notice, order of placard as provided for in
this Code shall be deemed to be in violation of this Code and
shall be subject to punishment as provided in Section~Et4 ELEVEN
of this Ordinance.
SECTION FIVE: AMENDMENTS TO SECTION NINe, REPEAL OF ORDINANCE
NO. 80-5.
Section Nipe, entitled "Repeal of Collier County Ordinance
No. 80-5 of Ordinance No. 898-06, the Collier County Housing
Ordinance is hereby amended to read as follow:
SECTION NI~ TEN. . .
80-5.
Collier County Ordinance No. 80-5 relating to Community
Development ~lock Grant program guidelines and establishing a
Community Development Block Grant Project Area Standard Housing
Code is hereby repealed in its entirety.
SECTION SIX: AMENDMENTS TO SECTION 'fEN, PENALTIES.
Section Ten, entitled 'Penaltieg" of Ordinance No. 89-06,
the Collier County Housing Ordinance is hereby amended to read as
follows:
SECTION T~Z E/~- PENALTIES.
If any person, firm or corporation, whether public or
private, or other entity fails or refuses to obey or comply with
or violates any of the provisions of this Ordinance, such person,
firm, corporation or other entity, upon conviction of such
offense, shall be guilty of a misdemeanor end shall be punished
by a fine not to exceed Five Hundred Dollars [$500.00) or by
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imprisonment not to exceed Sixty (60} days in the County Jail, or
both, in the discretion of the Court. Each violation of non-
compliance shall be considered a separate and distinct offense.
Further, each day of continued violation of non-compliance shall
be considered as a separate offense.
Nothing herein contained shall prevent or restrict the
County from taking such other lawful action in any court of
competent Jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawful actions shall
include, but shall not be limited to, an equitable action for
inJunctive relief or an action at law for damages. Further,
nothing in this[ Section shall be construed to prohibit the County
from prosecuting any violation of this Ordinance by means of a
Code Enforcement Board established pursuant to the authority of
Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section
shall be cumulative and independently available to the County and
the County shall be authorized to pursue any and all remedies
set forth in this Section to the full extent allowed by law.
SECTION SEVEN. LIBERAL CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate
its public purpose.
SECTION EIGHT. INCLUSION IN T~B 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 Ordinances may be tenumbered or
relettered to accomplish such, and the word "ordinance" may be
changed to "section", "article", or any other appropriate word.
SECTION NINE. CONFLICT AND SEVERABILITY.
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In the event 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 the
Ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
e
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION TEN. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the
Secretary of State.
PASSED ~ DUL~ADOPTED by the Board of County Commissioners of
Collier County,; Florida, this ~___~_~ day of?~~, 1996.
ATTEST: BOARD OF County COMMISSIONERS
DWIGHT E. BROCK', CLERK COLLIER County, FLORIDA
C. NO~
APPRO%rED AS TO FORM A/qD
'~" ., , ·
ASSZS~ CO~ ~TTO~ By_~
r:~w~D~in=nces~Collia CounP/ilousinI Code An~"m:lr~-nt I I -96
Words e{-~ek--~e~F~eu~ are deleted; words underlined are added.
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. 96-76
Which was adopted by the Board of County Commissioners on the 26th day
of November, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 27th day of November,
1996.
DWIGHT E. BROCK
Clerk of Courts and.Cierk'
Ex-officio to Boar~'df -.
County Commissio~.~
:
:Maureen Kenyon
Deputy Clerk