Ordinance 89-006ORDINANCE NO. 89- 06
AN ORDINANCE RELATING TO COLLIER COUNTY
ESTABLISHING A COLLIER COUNTY HOUSING CODE
WITHIN THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR A TITLE;
PROVIDING FOR PURPOSE AND SCOPE; PROVIDIN~
DEFINITIONS; PROVIDING FOR HOUSING STANDARDS
AND REQUIRING COMPLIANCE THEREWITH; ESTABL~HI.~G
AND DESIGNATING A HOUSING OFFICIAL AND PR~V-~DINS
FOR POWERS AND DUTIZS OF THE HOUSING OFFId~;
PROVIDING FOR INSPECTION OF STRUCTURES AN~2~--o
·
PREMISES; PROVIDING NOTICE OF VIOLATIONS,
PROCEDURES; PROVIDING FOR THE REPEAL OF CO~LD~R
COUNTY ORDINANCE NO. 80-5; PROVIDING FOR
PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTI~I~)
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, within 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 maintenance, 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
WHEREAS, experience and accepted national housing surveys
have clearly demonstrated that such conditions result in a large
measure from improper maintenance, inadequate sanitary
facilities, overcrowded conditions in residential occupancies,
buildings and premises, and from general neighborhood neglect;
and
WHEREAS, 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
conditions and an overall enhancement of the general health,
safety, and welfare of all residents and property owners of the
community;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION O}IE. TITLE.
This Ordinance shall be known and may be cited as the
"Collier County Standard Housing Code" (hereinafter referred to
as the "Housing Code").
SECTION T%~. PURPOSE AND SCOPE.
1. This Housing Code is hereby declared to be remedial and
shall be construed and interpreted to secure the public safety,
health and general welfare through structural strength,
stability, sanitation, adequate light and ventilation, and safety
to life and property from fire and other hazards incident to the
construction, alteration, repair, removal, demolition, use and
occupancy of dwellings.
2. The provisions of this Housing Code shall apply in the
unincorporated area of Collier County to every portion of a
building or premises, used or intended to be used as a dwelling
or dwelling unit in whole or in part, irrespective of the primary
use of such building or structure and irrespective of when such
building or structure was or is constructed, altered or repaired.
SECTION THREE. DEFINITIONS.
When used in this Housing Code, the following terms shall
have the following meanings, unless the content clearly otherwise
requires:
1. ACCESSORY USE OR STRUCTURE - a use or structure of a
nature customarily incidental and subordinate to the principal
use or structure, and, unless otherwise provided, on the same
premises. On the same premises with respect to accessory uses
a~d structures shall be construed as meaning on the same lot or
on a contiguous lot in the same ownership. Where a building is
attached to the principal building, it shall be considered a part
thereof, and not an accessory.
2. ATTIC - any story situated wholly or partly in the
roof, so designated, arranged or built to be used for storage.
3. BASEMENT - a portion 6f a building located partly
underground, or below required flood elevation, but having more
than one-half of its floor to ceiling height below the average
grade of the adjoining ground.
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4. BUILDING - an edifice or structure of any kind which is
built or constructed of parts Joined together in some definite
manner.
5. BUILDING CODE - the Collier County Building Code as
enacted by the Collier County Board of County Co~issioners.
6. CODE ENFORCEMENT BOARD - a local government Code
Enforcement Board created pursuant to Chapter 162, Florida
Statutes and the applicable Collier County Code Enforcement Board
Ordinance.
7. HOUSING CODE INSPECTOR - any authorized agent,
representative, or County employee designated by the Housing
Official to ensure compliance and enforcement of the provisions
of this Code.
8. CONDEM~ATION - the declaration by a Code Inspector that
a property or structure is unfit for use or habitation or
dangerous to person or other property pursuant to Chapter 553,
Part VI, Florida Statutes.
9. DANGEROUS BUILDINGS AND STRUCTURES - all buildings or
structures which are unsafe, unsanitary, unfit for human
habitation, or do not provide for adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human
life, or which in relation to existing use constitute a hazard to
safety or health by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment.
10. DEBRIS - any material which is stored externally and is
not otherwise covered and shall include, but not be limited to
t~e follo%~ing: discarded household items; inoperative or
discarded machinery, automobiles or appliances; refuse, rubbish,
trash or Junk; used scrap or discarded lumber, pipe, steel,
plumbing fixtures, insulation, and other building material.
11. DETERIORATION - a lowering in quality in the condition
or appearance of a building or parts thereof, characterized by
holes, breaks, rot, cracking, peeling, rusting, or any other
evidence of physical decay or neglect, or excessive use, or lack
of maintenance.
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12. DILAPIDATED - substantial deterioration of a building
or parts thereof, such that said building, or a portion thereof,
is no longer adequate for the purpose or use for which it was
originally intended.
13. DWELLING - any building, structure, trailer, mobile
home or rooming house which is wholly or partly used or intended
to be used, in whole or in part, for living or sleeping by human
occupants, whether or not such structure, building, trailer,
mobile home or rocming house is occupied or vacant.
14. DWELLING UNIT - any room or group of rooms located
within a dwelling and forming a single habitable unit with
facilities which are used or intended to be used for living,
sleeping, cooking and eating, whether or not such unit is
occupied or vacant.
15. ELECTRICAL CODE - the Collier County Electrical Code as
enacted by the Collier County Board of County Commissioners.
16. GARBAGE - the animal and vegetable waste resulting from
the handling, preparation, cooking, and consumption of food,
including food containers of any type.
17. GAS CODE - the Collier County Gas Code as enacted by
the Collier County Board of County Commissioners.
18. HABITABLA ROOM - a room or enclosed floor space used or
intended to be used for living, sleeping, cooking, or eating
purposes, excluding bathrooms, laundries, pantries, foyers or
connecting corridors, closets, storage space or utility rooms.
19. HOUSING OFFICIAL - the officer charged with the
administration and enforcement of this Code or a duly authorized
representative or representatives.
20. INFESTATION - the presence within or around a dwelling
of insects, rodents, or pests which are detrimental to the public
health, safety, and general welfare of the residents or
occupants.
21. INOPERATIVE VEHICLE(S) - shall mean a vehicle(s)
which is in a state of disrepair and incapable of being moved
under its own power.
22. OCCUPANT - any person living, sleeping, cooking or
eating in, or having actual possession of, a dwelling unit within
the confines of any building or structure.
23. OPENABLE AREA - any part of a window or door which is
available for unobstructed ventilation and which opens directly
to the outdoors.
24. OPERATOR - any person who has charge, care, or control
of a building, or a part thereof, whether with or without the
knowledge or consent of the owner.
25. OWNER - the holder of the title in fee simple and any
person, group of persons, company, association or corporation in
whose name tax bills on the property are issued. It shall also
~an any person who, alone or Jointly or severally with othezs:
a. shall have legal title.to any dwelling or dwelling
unit, with or without accompanying actual possession thereof; or
b. shall have charge, care or control of any dwelling
or dwelling unit, as owner, personal representative, executor,
executrix, administrator, trustee, guardian of the estate of the
o~ner, mortgagee or vendee in possession, or assignee of rents,
lessee, or other person, firm, or corporation in control of a
building; or their duly authorized agents. Any such person thus
representing the actual owner shall be bound to comply with the
provisions of this Code, and of rules and regulations adopted
pursuant thereto, to the same extent as if he were the owner. It
is his responsibility to notify the actual owner of the reported
infractions of these regulations pertaining to the property which
a~ply to the owner.
26. OXYGEN DEPLETION SENSING SYSTEM (ODSS} - an automatic
pilot and shutoff system. Incorporates a pilot designed to be
stable within narrow conditions of operation which is designed to
blow out or lift off under reduced oxygen atmospheres, resulting
in gas shutoff by a companion valve.
27. PERSON - any individual, firm, corporation,
association, partnership or other entity.
28. PLUMBING CODE - the Plumbing Code of Collier County as
enacted by the Collier County Board of County Commissioners.
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29. PREmiSES - a lot, plot or parcel of land including the
buildings or structures thereon.
30. ROOMING HOUSE - any dwelling containing one or more
dwelling units in which space is let or leased by the owner or
operator to one or more persons who are not the wife, husband,
son, daughter, sister, brother, father, or mother of the owner or
o~erator.
31. RUBBISH - any combustible and non-combustible waste
material other than garbage.
32. SKYLIGHT - an opening through the roof and ceiling to
admit light to a room, including the window portion therein. The
assembly may or may not have an operable section to provide
ventilation.
33. STAIRWAYS - one or more flights of stairs and the
necessary landings and platforms which form a continuous and
uninterrupted passage from one story to anothgr, within or
attached to the exterior of a building or structure.
34. STORY - that portion of a building included between the
upper surface of any floor and the upper surface of the floor
next above, except that the topmost story shall be that portion
of a building included between the upper surface of the topmost
floor and the ceiling or roof above. If the finished ceiling
level directly above a basement or cellar is more than 6 feet
above grade, such basement or cellar shall be considered a story.
35. STRUCTURE - an edifice or building of any kind which is
built or constructed of parts Joined together in some definite
m~nner.
36. SUBSTANDARD - any residential building or structure used
as a dwelling or dwelling unit which is so damaged, decayed,
dilapidated, or vermin infested that it creates a hazard to the
health or safety of the occupants/public. Any such unit which
lacks illumination, ventilation or sanitation facilities adequate
to protect the health or safety of the occupants/public shall be
considered to be unsafe, and unsanitary, as well as unfit for
human habitation and therefore substandard.
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37. VENTILATION - the process of supplying and removing air
by natural or mechanical means to or from any structure,
building, or dwelling.
38. WEATHERPROOF - able to withstand exposure to weather
without d~age or loss of function.
39. WEATHERTIGHT - able to exclude wind and rain under
normal conditions.
40. YARD - an open, unoccupied space on the same lot with a
building, structure or dwelling.
41. ZONING ORDINANCE - The Comprehensive Zoning Ordinance
for unincorporated Collier County, as the same may be from time
to time amended.
SECTION FOUR. RULES OF CONSTRUCTION.
For purposes of administration and enforcement of this
Housing Code, unless otherwise stated in this Ordinance, the
following rules of construction shall apply:
1. The word "shall" is always mandatory and not
discretionary and the word "may" is permissive.
2. Words used in the present tense shall include the
future; and words used in the singular shall include the plural
and the plural the singular, unless the context clearly indicates
the contrary; use of the masculine gender shall include the
feminine gender.
3. The word "includes" shall not limit a term to the
specific example but is intended to extend its meaning to all
other instances or circumstances of like, kind or character.
4. Whenever the words "structure", "building", "dwelling
unit", "rooming house" or "premises" are used in this Housing
Code, they shall be construed as though they were followed by the
words "or any parts thereof".
SECTION FIVE. COMPLIANCE WITH HOUSING STANDARDS.
No person shall occupy as owner-occupant, or let or lease,
or sub-let or sub-lease to another person for occupancy any
dwelling or dwelling unit which does not comply with the
requirements of this Section as hereinafter set forth:
034 ,,",: 338'
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1. SANITARY FACILITIES REQUIRED - Every dwelling or
dwelling unit shall contain not less than one (1) kitchen sink
with counter work space, one (1) lavatory basin, one (1) tub or
shower, and one (1) commode, all in good working condition and
properly connected to an approved water and sewer system as
approved by Collier County or the Collier County Public Health
Department as applicable. Every plumbing fixture and water and
wastewater pipe connection shall be properly installed in
accordance with the Plumbinq Code and maintained in good sa.~itary
working condition, free from defects, leaks, and obstructions.
Every plumbing fixture shall be located within the dwelling unit,
and be accessible to the'occupants of same. The commode, tub or
shower, and lavatory basin shall be located in a room affording
privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling
unit, shall have connected to the kitchen sink, lavatory basin,
and tub or shower an adequate supply of both hot and cold water.
All shall be supplied through an approved pipe distribution
system connected to a potable water supply.
3. WATER HEATING FACILITIES - Every dwelling or dwelling
unit shall have water heating facilities which are properly
installed and maintained in a safe and good working condition and
are capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature of not
less than 120 degrees Fahrenheit.
4. HEATING FACILITIES - Every dwelling or dwelling unit
shall be equipped with heating equipment which shall be capable
of safely and adequately heating all habitable rooms to a
temperature of 68 degrees Fahrenheit under ordinary minimum
southwest Florida winter conditions. Any electrical heating
equipment shall be installed and connected to electrical circuits
as prescribed in the Electrical Code unless such equipment is
approved by a nationally recognized testing agency. Unvented
fuel-fire heaters shall not be used in any location unless
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equipped with an oxygen Depletion Sensing System (ODSS). Any
appliance which has been converted from a vented to a unrented
heater shall not be used under any conditions.
5. COOKING EQUIPMENT - Every dwelling or dwelling unit
shall contain an operable stove or range an~ refrigerator. Ail
cooking and heating equipment and facilities shall be installed
in accordance with the Building, Gas, and Electrical Codes, and
shall be operable and maintained in safe, working condition.
6. GARBAGE DISPOSAL FACILITIES - Every dwelling or
dwelling unit shall have adequate garbage or rubbish disposal
facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTILATION - Every habitable room of a
dwelling or dwelling unit shall have at least one window or
skylight facing directly to the outdoors. The minimum total
window area for every habitable room shall be eight (8) percent
of the floor area of such room. Whenever walls or portions of
other structures fa~ ~ a window of any such room and such
light-obstructing structures are located less than five (5) feet
from the window and extend to a level above that of the ceiling
of the room, such window shall not be deemed to face directly to
the outdoors and shall not be included as contributing to the
required minimum total window area. Whenever the only window in
a room is a skylight-type window in the ceiling of such room, the
total window area of such skylight shall equal at least fifteen
(15) percent of the total floor area of such room. Each window
required for minimum light shall be easily opened, and the total
o~ the openable window area in each habitable room shall be equal
to at least forty-five (45) percent of the minimum window or
skylight area size, as required, or shall have other approved,
equivalent ventilation. Year-round mechanically ventilating air
systems other than window-type air conditioners may be
substituted for windows, as required, in rooms other than rooms
used for sleeping purposes.
8. BATHROOM - Every bathroom of a dwelling or dwelling
Unit shall comply with the minimum light and ventilation
requirements for habitable rQoms except that no window or
034 3'40
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skylight shall be required in adequately ventilated bathrooms
equipped with a mechanically ventilating air system.
9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling or
dwelling unit shall be wired for electric lights and convenience
outlets. Every room shall contain at least one wall-type
electrical convenience outlet as specified in the provisions of
the Electrical Code, in effect at the time of violation, as
adopted by the Board of County Commissioners.
10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall
and stairway in a structure containing three or more dwelling
units shafl be adequately lighted at all times. Structures with
less than three dwelling units shall be supplied with a
conveniently located light switch that contr,~ls an adequate light
system which can be turned on when needed if continuous lighting
is not provided.
11. ELECTRICAL SYSTEMS - Ail fixtures, convenience
receptacles, equipment and wiring of a dwelling or dwelling unit
shall be installed, maintained, and connected to the source of
electrical power in accordance with the provisions of the
Electrical Code, in effect at the time of violation, as adopted
by the Board of County Commissioners.
12. EXTERIOR AND INTERIOR STRUC17/RES OF DWELLING OR
DWELLING UNITS -
a. FOUNDATION - The building foundation walls, or
other structural elements shall be maintained in a safe manner
and be capable of supporting the load which normal use may place
thereon.
b. EXTERIOR WALLS - The exterior walls shall be
substantially weathertight and weatherproof, and shall be
maintained in sound condition and good repair so as to prevent
infestation.
c. ROOFS - Roofs shall be maintained in a safe manner
and have ~o defects which might admit rain or cause dampness in
the walls or interior portion of the building.
d. MEANS OF INGRESS/EGRESS - Every dwelling or
dwelling unit shall have a safe, unobstructed means of
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ingress/egress leading to a safe and open space. A second means
of escape or egress is required in any dwelling or living unit of
two or more rooms, in accordance with the Building Code.
e. ATTIC ACCESS - Access to the attic shall be
provided by means of an access panel within the dwelling unit.
This provLsion does not require tenant access.
f. STAIRS, PORCHES, AND APPURTENANCES - Every inside
and outside stairway, stair, porch, and any appurtenance thereto,
shall be maintained in safe condition, capable of supporting a
load that normal use may place thereon, and in accordance with
the BuildLng Code.
g. PROTECTIVE/GUARD RAILINGS - Protective/guard
railings ~hall be required in the manner prescribed by the
Building Code. Such railings shall be maintained in good
condition and be capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the
manner prescribed by the Building Code.
I. WINDOWS AND EXTERIOR DOORS - Every window,
exterior door, and basement door shall be properly fitted within
its frame, provided with lockable hardware, and shall be
weathertight and weatherproof, and maintained in good repair.
Every window required for light and ventilation for habitable
rooms shall be capable of being opened easily and secured in
position by window hardware. Window panes or approved
substitutes shall be maintained without cracks or holes.
J. WINDOW SASH - Window sasLes shall be properly
fitted and weathertight within the window frame.
k. HARDWARE - Every door shall be provided with
proper hardware and maintained in good condition.
1. SCREENS - Every window or other device used or
intended to be used for ventilation which opens directly to
outdoor space shall have screens. Dwelling and dwelling units
which contain central heating furnaces and central
air-conditioning systems for mechanically ventilating the
building year-round are not required to have screens on
doors or windows.
034 3'42
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m. PROC~CTIVE TREATMENT - Ail exterior surfaces other
than decay-resistant woods, shall be protected from the elements
by painting or other protective covering according to
manufacturer's specifications. No lead-based paint shall be used
on any surface of any structure.
n. ACCESSORY STRUCTURE - All accessory structures
shall be maintained and kept in good repair and sound structural
condition.
o. INTERIOR DOORS - Every interior door shall be
properly fitted within its frame.
p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling
or dwelling unit shall have a permanent floor of approved
material prescribed by the Building Code. Every floor and
interior wall shall be kept free from infestation and in
good repair and shall be capable of supporting the load
which normal use may cause to be placed thereon.
q. STRUCTURAL SUPPORTS - Every structural element of
a dwelling or dwelling unit shall be maintained in good repair
and show no evidence of deterioration which would render it
incapable of carrying loads which normal use may cause to be
placed thereon.
13. REQUIRED SPACE, DWELLINGS - Every dwelling or dwelling
unit shall comply with the minimum space footage requirements of
the Zoning Ordinance and shall contain at least 150 square feet
of floor space for the first occupant and at least 100 additional
square feet of floor area per additional occupant. No habitable
r6om other than a kitchen shall have an area of less than 70 sq.
ft. as prescribed in the Building Code.
14. MINIMUM CEILING HEIGHT - Habitable space other than
kitchens, storage rooms and laundry rooms shall have a ceiling
height of not less than 6 ft. 8 in. Hallways, corridors,
bathrooms and kitchens shall have a ceiling height of not less
than 6 ft. 8 in. measured to the lowest projection from the
ceiling. If any room in a building has a sloping ceiling, the
prescribed ceiling height for the room is required for only
one-half the area thereof.
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15. OCCUPANCY OF BASE/~ENTS - No basement shall be used as a
habitable room or dwelling unit unless=
a. Walls and floor are impervious to leakage of
underground and surface water and are insulated against dampness;
and,
b. Total window area in each room shall be equal to
at least the minimum window area size as required in this
section. Said window area shall be located entirely above ground
except where there is another device which affords adequate
ventilation.
16. SANITATION REQUIREMENTS -
a. All public or shared areas, habitable rooms of any
dwelling or dwelling unit, structure, accessory stru(ture, or
building ~hall be kept in a clean and sanitary condition by the
occupant or owner.
b. Nothing shall be placed, constructed, or
maintained on any premises that shall in any way constitute a
nuisance or fire hazard.
c. All buildings, structures, accessory structures,
dwellings, or dwelling units shall be free from infestation.
d. The plumbing fixtures in every dwelling, dwelling
unit, building or structure shall be maintained in a clean and
sanitary condition as prescribed by the Plumbing Code.
SECTION SIX. ESTABLISHMENT OF HOUSING OFFICIAL - DESIGNATION;
POWERS AND DUTIES
There is hereby established the position of Housing OfficialI
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 Contractors Licensing and Code Enforcement Supervisor is
hereby designated to be the Housing Official established by this
The Housing Official is hereby authorized and directed
section.
to:
1.
Make such inspections or take other appropriate actions
as may be necessary to effectuate the purposes and intent of this
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Housing Code and to initiate appropriate action to requi~e
compliance where such inspections disclose any instances of
non-compliance with the Housing Code;
2. To receive 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 SEVEN
of this Housing Code;
3. To issue notices of violation and written demands to
correct Housing Code violations in accordance with the procedures
set forth in Section EIGHT 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 SEVEN. INSPECTION 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
a~sure compliance with the provisions of this Housing Code or
upon receipt of complaints or when the Housing 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 Official 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
,oo 034 3'45
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,%
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 TEN of this Housing Code. Further, in the event that the
Housing Official or a Housing Code Inspector is denied 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 EIGHT. NOTICE OF VIOLATIONS PROCEDURES.
Whenever the Housing Official or Housing Code Inspector
determines that a violation of this Housing Code exists, the
following action shall be taken:
1. The Housing Official or Housing Code Inspector shall
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. Such written 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 or Sections of this
Housing Code upon which the viol~o~ ~
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rd. If repairs or alterations will bring the structure
into compliance with this Housing Code, a statement of the nature
and extent of such repairs or alterations necessary to comply
with this article;
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 structure into compliance, a
statement to 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 will 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. 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
R~quested, to the last known 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
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 TEN of this Housing
Code. Any unauthorized person removing, defacing or mutilating
any such notice, order or 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 TEN of this
Ordinance.
SECTION NINE. REPEAL OF COLLIER COUNTY ORDINANCE NO. 80-5.
Collier County Ordinance No. 80-5 relating to Community
Development Block Grant program guidelines and establishing a
Community. Development Block Grant Project Area Standard Housing
Code is hereby repealed in its entirety.
SECTION TEN. PENALTIES.
If any person, firm or corpo~ation, 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 and shall be punished
by a fine not to exceed Five Hundred Dollars ($500.00) or by
i~prisonment not to exceed Sixty (60) days in the County Jail, or
both, in the discretion of the Court. Each violation or
non-compliance shall be considered a separate and distinct
offense. Further, each day of continued violation or
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
17
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.
Ail 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 ELEVEN. LIBERAL CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate
its public purpose.
SECTION TWELVE. 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 the
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.
SECTION THIRTEEN. EFFECTIVE DATE.
This Ordinance shall be effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commlssioners
o~ Collier County, Florida, this l~b_ day of
January , 1989.
.~AMES 'Cl/G.I~LES, Clerk
~' ? VirE~ia !-[aEri, E~puty
~ : Approved. as. to form and
~ . legal suffi'ciency:
'"'Kenneth B. CuylerJ
County Attorney ~'
BOARD OF COUNTY COMMISSIONERS
CO LLIER CO UN7 ,~F. O RID A
Clerk BURT L. SAUNDERS, Chairman
'/'his ordinance filed with the
Secrqtary of .%~lte's
and ackno',vl~'~g,:ment 9~ that
fiI!n~, received thts~., day
].8
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. 89-06
which was adopted by the Board of County Commissioners on the
10th day of January, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th
day of January, 1989.
JAMES C. GILES
Clerk of Courts and ClerR'
Ex-officio to Board of,,'.
Count~..Commissioners... .
'"" - ' ' )/
By: /~/Virginia Magri'~ ' ...'..~
Deputy Clerk '.> ·
I/ /~II "~'~'
,oo, 034,,,., 350