Ordinance 92-080 ORDINANCE NO. 92- ~Q
AN ORDINANCE TO BE KNOWN AS THE COLLIER COU~Y
CODE ENFORCEMENT BOARDS ORDINANCE; SETTING
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FORTH THE FINDINGS AND PURPOSE; SETTING FOR~
APPLICABILITY; PROVIDING DEFINITIONS; ESTAB-~ .~
LISHING THE LOCAL CODE ENFORCEMENT BOARD
COMPOSITION, MEMBERSHIP APPOINTMENT AND TERM~
OF MEMBERS; PROVIDING FOR ORGANIZATION;
PROVIDING AN ENFORCEMENT PROCEDURE; PROVIDING
FOR CONDUCT OF HEARING; SETTING FORTH THE
POWERS OF THE ENFORCEMENT BOARD; PROVIDING FOR
SUBPOENA PROCEDURES; ESTABLISHING PENALTIES;
PROVIDING FOR REHF2%RING OF BOARD ACTION;
PROVIDING FOR APPEALS TO THE CIRCUIT COURT;
DEFINING NOTICES; PROVIDING THAT PROVISIONS OF
THIS ORDINANCE ARE SUPPLEMENTAL; PROVIDING FOR
REPEAL OF COLLIER COUNTY ORDINANCE NO. 83-43 ~ND
COLLIER COUNTY ORDINANCE NO. 88-89; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, that:
~ECTION ONE: Findings and Purpose.
The Board of County Commissioners of Collier County, Florida
(hereinafter the "Commission") does hereby make the following
findings: ~r ~
1. It is the intent and purpose of this Ordi~an~% to
promote, protect and improve the health, safety and welfare of the
citizens of Collier County by authorizing the creation or
administrative boards, with authority to impose administrative
fines and other non-criminal penalties, in order to provide an
equitable, expeditious, effective and inexpensive method of
enforcing the codes and ordinances of Collier County, with the
exception of traffic violations, where a pending or repeated
violation continues to exist, including, but not limited to
housing, occupational licenses, fire, development standards,
building, zoning, and sign codes.
2. Chapter 162, Florida Statutes, cited as "Local
Government Code Enforcement Boards Act", is the specific authority
which provides for a county to establish code enforcement boards.
3. It is in the best interests of the citizens of Collier
County to create code enforcement boards as an additional means of
enforcement.
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~ECTION TWO: Title and Citation.
This Ordinance shall be known and may be cited as the
"Collier County Code Enforcement Boards Ordinance".
~~: Applicability.
This Ordinance shall apply to and be enforced in all
unincorporated areas of Collier County.
;~ECTION FOUR: Definitions.
1. "Clerk to the Code Enforcement Board" means the Clerk to
the Board of County Commissioners who shall be responsible for
minutes and other records of a Code Enforcement Board, and such
other matters as provided for herein.
2. "Enforcement Board" means a Collier County Code
Enforcement Board.
3. "Code Enforcement Official" means any authorized agent
or.employee of Collier County whose duty it is to assure code and
ordinance compliance and who is responsible for the enforcement or
implementation of codes and ordinances of Collier County.
4. "Commission" means the Board of Co~ty Commissioners who
is the local governing body in and for Collier County, :Florida.
5. "County Attorney" means the legal counsel to the Board
¢)f County Commissioners of Collier County, Florida.
6. "Person" means an individual, association, firm,
partnership, corporation, or other legal entity.
7. "Prosecutor" means the County Attorney, an Assistant
County Attorney, or any member of the County staff who presents
cases before an Enforcement Board.
8. "Violator" means a person alleged to, or who has been
found to have violated any code of Collier County, which a Code
Enforcement Board has Jurisdiction to enforce.
~ECTION FIVE: Composition; Appointment and Terms of Members.
1. The Collier County Code Enforcement Board is hereby
established and shall consist of seven (7) members who shall be
alppointed by the Commission. The Commission may appoint one or
m,~re seven (7) member Boards. Ail members of the Enforcement
Boards shall be permanent residents and electors of Collier County
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and shall serve without compensation. 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 appointments to an Enforcement Board,
the Commission'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 an Enforcement Board.
3. The appointment of members tv an Enforcement Board shall
b~ 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 Enforcement Boards shall, whenever possible, include, but not
be l'imited 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.
(b) Three (3) members appointed for a term of two (2) years.
(c) Two (2) members appointed for a term of three (3) years.
5. 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 an Enforcement Board shall be for
the remainder of the unexpired term of office. If any member
fails to attend two of three successive board meetings without a
satisfactory excuse and without prior approval of the Chairman,
the Enforcement Board shall declare the member's office vacant and
the Commission shall promptly fill the vacancy. Vacancies
occurring on an Enforcement Board shall be publicized, but need
not be advertised, in a publication of general circulation within
the County, and vacancy notices are to be posted in the County
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libraries and County Courthouse. Members of an Enforcement Board
may be suspended or removed for cause by the Commission.
SE(~ION SIX: Organization.
1. At the first meeting of an Enforcement Board, the
members shall elect a Chairman and Vice Chairman, who shall be
voting members, from among the members of the Board.
2. The presence of four (4) or more members shall
constitute a quorum of any Enforcement Board necessary to take
action.
3. An Enforcement Board may adopt such rules and
regulations as they may deem necessary to carry out the duties of
the Board in accordance with the provisions and intent of this
Ordinance.
4. The Commission shall provide such clerical and
administrative personnel and legal services as may be reasonably
required by a Board for the proper performance of its duties.
5. The County Attorney, or his designee, shall either be
counsel for an Enforcement Board or .shall represent the County by
presenting cases before the Enforcement Board, but in no case
shall the County Attorney or a member of his staff serve in both
ca]pacities for the same case or at the same time.
6.. The Collier County Community Development Division shall
provide to the Commission written quarterly reports of the
activities of the Board, which reports shall delineate the name of
th,~ cases heard for the quarter, the date of hearing and the
re~olution of the cases.
7. The Enforcement Board shall be reviewed by the
Co~mmission, pursuant to the provisions of Collier County Ordinance
No. 86-41, as amended, commencing in 1992 and once every four
years thereafter.
SECTION SEVEN: Enforcement Procedure.
1. It shall be the duty of the Code Enforcement Official to
initiate enforcement proceedings. No member of an Enforcement
Board shall have the power to initiate enforcement proceedings.
2. Except as provided in Subsection 5 of this Section, if a
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violation of a code or ordinance is found to exist, the Code
Enforcement Official shall first notify the violator and shall
give the violator a reasonable time to correct the violation.
Notice shall be given in writing pursuant to Section 14 of this
Ordinance, and shall specify the alleged violation, the required
corrective action and the time period for correction.
3. Should the violation continue beyond the time specified
for correction, the Code Enforcement official shall execute a
wri'~ten Affidavit of Violation which shall include a statement of
the facts and circumstances of the alleged violation and shall
identify the'code or ordinance which has been violated. Upon
notification and request by the Code Enforcement Official, an
Enforcement Board, through its clerical staff, shall schedule a
public hearing. Written notice of the scheduled hearing, which
shall contain the date, time and place of the hearing, and a copy
of the Affidavit of Violation shall be provided to the violator
pursuant to the provisions of Section 14 of this Ordinance.
Failure to provide proper notice may be grounds for continuing the
hearing but shall not be grounds for dismissal of the Charges.
4. If the violation is corrected and then recurs, or if the
violation is not corrected by the time specified for correction,
the case shall be presented to an Enforcement Board even if the
violation has been corrected prior to the Board meeting, and the
notice shall so state.
5. If the Code Enforcement Official has reason to believe a
violation presents a serious threat to the public health, safety,
and welfare or if the violation is irreparable or irreversible in
nature, the Code Enforcement official shall make a reasonable
effort to notify the violator and may immediately notify the
Enforcement Board and request a hearing. Under such circumstances
the Code Enforcement Official shall not be required to adhere to
the notice requirements set forth in Section 14 of this Ordinance.
SECTION EIGHT: Conduct of Hearing.
1. Upon the request of the Code Enforcement Official, or at
such other times as may be necessary, the chairman of an
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Enforcement Board may call hearings of the Enforcement Board and
hearings also may be called by written notice signed by at least
three (3) members of an Enforcement Board. At any hearing, an
Enforcement Board may set a future hearing date. An Enforcement
B,)ard shall attempt to convene no less frequently than once every
t%;o months, but it may meet more or less often as the demand
m!cessitates. Minutes shall be kept of all hearings by each
Enforcement Board, and all hearings and proceedings shall be open
to the public.
2. Each case before an Enforcement Board shall be presented
by the County Attorney, an Assistant County Attorney, or by a
member of the County staff.
3. Assuming proper notice of the hearing has been provided
to the alleged violator as provided in Section 14 of this
Ordinance, a hearing may proceed in the absence of the alleged
violator.
4. An Enforcement Board shall proceed to hear the cases on
the agenda for that day. All testimonies shall be under oath and
shall be recorded. The Enforcement Board shall ta~e testimony
from the Code Enforcement Official and alleged violator, and from
such other witnesses as may be called by the respective parties.
Formal rules of evidence shall not apply, but fundamental due
process shall be observed and shall govern the proceedings.
5. Irrelevant, immaterial or unduly repetitious evidence
shall be excluded; but all other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their
affairs shall be admissible, whether or not such evidence would be
admissible in a trial in the courts of the State of Florida.
6. Any member of an Enforcement Board, or any attorney
appointed to represent the Board, may inquire of any witness
before the Board. The alleged violator, or his/her attorney, the
attorney representing the County, and the Prosecutor shall be
permitted to inquire of any witness before the Board.
7. At the conclusion of the hearing, the Enforcement Board
shall issue findings of fact based on evidence of record and
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conclusions of law; and shall issue an order affording the proper
relief consistent with powers granted herein and by Florida
Statutes. The order shall be stated orally at the hearing and
shall be reduced to writing and mailed to the violator within ten
(10) days after the hearing. The findings shall be by motion
approved by a majority of those members present and voting, except
that at least four (4) members of the Board must vote in order for
the action to be official. The order may include a notice that it
must be complied with by a specified date and that a fine may be
imposed if the order is not complied with by said date.
8. Should an Enforcement Board be unable to issue a
decision immediately following any hearing because of questions of
law or other matters of such nature that a decision cannot be
immediately made, the Board may withhold issuing its decision
until a subsequent meeting. In such case, further discussion of
the pending matter and all deliberations relating thereto by
members of an Enforcement Board shall occur at a public meeting of
the Board. The Board shall thereafter issue-its decision pursuant
to Subsection 7 of this Section.
SECTION NINE: Powers of the Code Enforcement Boards.
Each Collier County Code Enforcement Board shall have the
power to:
(1) Adopt rules and regulations for the conduct of its
hearings.
(2) Subpoena alleged violators and witnesses to appear at
its hearings, which subpoenas may be served by the
Sheriff of Collier County.
(3) Subpoena evidence including, but not limited to,
records, surveys, plats, and other documentary evidence,
which subpoenas may be served by the Sheriff of Collier
County.
(4) Take testimony under oath.
(5) Hold hearings.
(6) Issue orders having the force of law to command whatever
steps are necessary to bring a violation into compliance.
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(7) Order the payment of fines as provided for herein.
An Enforcement Board shall have such additional powers as may
be authorized or granted by the Local Government Code Enforcement
Boards Act, Section 162.01 et seG, Florida Statutes.
SI~CTION TEN: Subpoena Procedures.
1. Every subpoena for testimony before an Enforcement Board
shall be issued by the Clerk of the Circuit Court, as Ex-Officio
Clerk to the Board of County Commissioners, under the seal of the
County of Collier. Each subpoena shall state the name of the
Enforcement Board, the title of the action, the case number of the
action, the name and address of the person to whom the subpoena is
issued, and the time, place and location of the hearing at which
the person is directed to appear, and shall be prepared by the
party requesting issuance.
2. A subpoena for production of documentary evidence may
also be issued to command the person to whom it is directed to
produce the books, papers, documents or tangible items designated
therein. An Enforcement Board, upon. motion ~a~e promptly and in
any event at or before the time specified in the subpoena for
compliance therewith, may (1) quash or modify the subpoena if it
is unreasonable and oppressive, or (2) condition denial of the
motion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the books,
papers, documents or tangible items.
3. A subpoena may be served by any person authorized by law
to serve process or by any other person who is not a party to the
action and who is not less than eighteen (18) years of age. Proof
of such service shall be made by affidavit of the person making
service if not served by an officer authorized by law to do so.
Proof of service shall be filed with the Clerk to the Enforcement
Board. Payment of any service fee shall be made by the party at
whose request the service is made.
4. Persons subpoenaed, with the exception of the alleged
violator shall be entitled to a witness fee and mileage
compensation as provided for in Section 92.142, Florida Statutes.
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The cost of the witness fee and mileage compensation shall be
borne by the party at whose request the subpoena is issued and
shall be paid to the witness at or before the time of service.
~CTION ELEVEN: Penalties.
1. An Enforcement Board, upon notification by the Code
Enforcement official that a previous order of the Board has not
been complied with by the specified time, or, upon finding that
the same violation has been repeated by the same violator, may
order the violator to pay a fine not to exceed five hundred
dollars ($500.00) for each day the violation continues past the
date set for compliance, or for each time the violation has been
repeated, and a hearing shall not be necessary for the issuance of
the order.
2. In determining the amount of the fine, if any, an
Enforcement Board shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the violator to correct the
violation; and
(c) Any previous violations committed by the viol'~tor.
3. A certified copy of an order imposing a fine may be
r~corded in the public records and thereafter shall constitute a
lien against the land on which the violation occurred or exists
and upon any other real or personal property owned by the
violator; and it may be enforced in the same manner as a court
Judgment by the sheriffs of this State, including levy against
personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After six (6) months from the
fi. ling of any such lien which remains unpaid, the Enforcement
Board may authorize the County Attorney to foreclose on the lien.
No lien crsated 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 five (5) years after the certified copy of an
order imposing a fine has been recorded, unless within that time
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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 the action shall not be good against creditors
or subsequent purchasers for valuable consideration without
notice, unless a Notice of Lis Pendens is recorded.
'SE~: Rehearing of Board Action.
1. Either the Prosecutor or the violator may request a
rehearing of the decision of an Enforcement Board. A request for
rehearing shall be made in writing and shall be filed with the
Clerk to the Enforcement Board within ten (10) days cf the date of
receipt of the Board's written order, but in no event more than 20
days from the date of mailing of the written order. A request for
rehearing shall be based only on the ground that the decision was
contrary to the evidence or that the hearing involved an error on
a ~uling of law which was fundamental to the decision of the
Enforcement Board. The writte~ request for rehearing shall
specify the precise reasons therefor.
2. The Enforcement Board shal~ make &:~etermination as to
whether or not to rehear the matter and its decision sh'all be made
at a public meeting, reduced to writing and mailed to the
interested parties within l0 days after the decision is made. If
the Enforcement Board determines it will grant a rehearing, it
may:
(a) Schedule a hearing where the parties will be given the
opportunity of presenting evidence or argument limited by the
Enforcement Board to the specific reasons for which the
rehearing was granted; or
(b) Modify or reverse its prior order, without receiving
further evidence, providing that the change is based on a
finding that the prior decision of the Enforcement Board
resulted from a ruling on a question of law which the Board
has been informed was an erroneous ruling.
3. The original order of the Enforcement Board shall be
stayed and the time for taking an appeal, pursuant to Section 13
of this Ordinance, shall not commence to run until a request for
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rehearing has been denied or otherwise disposed of and the
written decision has been received by the interested parties;
provided, however, that in no event shall the order be stayed for
a period longer than 20 days from the date of mailing of the
rehearing decision.
SECTION THIRTEEN: Appeals.
1. Any aggrieved party, including the Commission, may
appeal a final administrative order of an Enforcement Board to the
circuit Court. Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before
the Enforcement Board. Any appeal shall be filed within thirty
(30) days of the execution of the order to be appealed.
2. In the event that a party to the proceedings before an
Enforcement Board should elect to appeal, a verbatim record of the
proceedings may be required or may be desirable. It shall be the
sole responsibility of each party to the proceedings to ensure
that a record is made which includes the testimony upon which an
appeal may be taken. Neither Collier Count~%~r any Enforcement
Board shall have any responsibility to provide a verbat'im
transcript of the proceedings.
SE(~J~: Notices.
1. All notices required by this Ordinance shall be provided
by certified mail, return receipt requested, or by hand delivery
by the director, sheriff or other law enforcement officer, Code
Enforcement Official, or other person designated by the Commission
or by leaving the notice at the violator's usual place of
re~lidence 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 I 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
sufficient) in a newspaper of general circulation in Collier
County. The newspaper shall meet such requirements as are
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prescribed under Chapter 50, Florida Statutes, for legal and
official advertisements.
(b) Proof of publication shall be made as provided in
Sections 50.041 and 50.051, Florida Statutes.
Notice by publication 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 Section.
3. Evidence 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 Section, shall be sufficient to show that the notice
requirements of this Ordinance have been met, without regard to
wh~ther or not the alleged violator actually received such notice.
SE(~: Supplemental Provision.
~ ~..It is the intent of this Ordinance to provide additional or
supplemental means of obtaining compliance with local codes and
ordinances. Nothing contained under this Ordinance shall prohibit
the County from enforcing its codes ~y any a.~ropriate civil
action, or by referral to the State Attorney's OffiCe
prosecution in the case of a criminal violation, and/or by
presentation to any other County board or agency with jurisdiction
to hear and act upon the alleged code or ordinance violation.
SECTION SIXTEEN: Repeal of Ordinance No. 83-43 and Ordinance
88-89.
Collier County Ordinance No. 83-43 and Collier County
Ordinance No. 88-89 are hereby repealed in their entirety.
SECTION SEVENTEEN: Conflict and Severability.
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 this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdictionl such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
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S,~ : Effective Date.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
w.[th the Secretary of State.
· PA-~SED AND DULY ADOPTED by the Board of County Commissioners
· ct.~.Collier:')~ounty, Florida, this ~_~ day of~, 1992.
~ )%TTEST: :: BOARD OF COUNTY CO194ISSIONERS
=-:JAMES C. GILES, ~lerk OF COLLIE~, COUNTY, FLORIDA
"/~'" ..... ~ / BY:MICHAEL J~LPE, Chail.man
·,t .l~] ,r .~ '
Approved ae to for~ and
l,~gal -ur ficie~cy:
~9~K,~nneeh B. t'uyle}O
County Attorney ~'
This o.~lna~'e filed with
Sec relary of
ond o¢ knowtedgem e ~ ~oJ.~lha~
filin~nrec.~ved ~~d~
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STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, 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. 92-80
which was adopted by the Board of County Commissioners on
the 20th day of October, 2992, during Reg~/lar Session.
WITNESS my hand and the official seal of the Board of
-.-j
County Commissioners of Collier Count~,' Florida, this 21St
day of October, 1992. . . .'"
<.. ,'~[,~:~ ~'.
JAMES C. GILES '.." ~,'-' "'.
Clerk of Courts and CI'~." "".
Ex-officio tO Board of,~,"
County
Commis
Deputy Clerk