Ordinance 82-020ORDINANCE 82 - 20
~ AN ORDINANCE AUTHORIZING THE BOARD OF
COUNTY COMMISSIONERS TO DESIGNATE AGENTS
OF THE COLLIER COUNTY BUILDING CODE
COMPLIANCE DEPARTMENT AS CONTRACTORSt
LICENSING INVESTIGATORS AND TO DESIGNATE
~. AGE~TS OF THE COLLIER COUNTY ZONING
~ ~E~RTMENT AS ZONING INVESTIGATORS;
~{3THoRIZING SAID INVESTIGATORS TO ISSUE
c.,~ CXTATIONS FOR VIOLATIONS OF COLLIER
v~ %7i COUNTY CONTRACTORS' LICENSING ORDINANCE
:~. AND' ;AMENDMENTS THERETO, AND ZONING
', .' ORDinANCE AND ANY AMENDMENTS T~tERETO;
'~ PROVIDING FOR CONFLICT, SEVERANCE AND
"' '~ PENALTIES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, ~he Laws of Florida, Chapter 81-364, author-
ized the Board of County Commissioners of COllier County,
Florida to designate agents or employees of the Collier
County Building Code Compliance Department and Collier
County Zoning Department as Contractors' Licensing Investi-
gators and Zc~ing Investigators, respectively;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida: _=~
SECTION ONE: DESIGNATIONS ~ c°
A. Those agents or employees of the Collier County ~uild~
ing Code Compliance Departmenn who are to ser~.e as
Contractors' Licensing Investigators shall be desi~nat-~
ed by the Board of County Commissioners' adopti~ of
the appropriate resolution. ~
B. Those agents or employees of the Collier County Zoning
Department who are to serve as Zoning Investigators
shall be designated by the Board of County Commis-
sioners' adoption of the appropriate resolution.
SECTION TWO: DUTIES
It shall be the duty of any person designated as a
Contractors' Licensing Investigator or Zoning Investi-
gator to enforce the provisions of the Collier County
Contractors' Licensing Ordinance and Zoning Or~inance,
respectively, and subsequent amendments thereto relat-
ing to licensing and zoning regulations.
Nothing herein contained shall be construed to autho-
rize or permit any person designated as a Contractors'
Licensing Investigator or Zoning Investigator pursuant
to this Ordinance to perform any function or duties of
a Law Enforcement Officer other than specified herein.
Said investigators designated, pursuant to this Ordi-
nance, shall not make physical arrests or take any
person into cust6dy and shall be exempt from the re-
guirements relating to the state high-hazard retirement
program and Police Standards and Training Commission as
defined and provided by general law.
SICTION THREE~ TRAINING AND QUALIFICATIONS
A training program for the certification of Contractors'
Licensing Investigators and Zoning Investigators for
the purpose of authorization to issue citations for
violations of the Collier County Contractors' Licensing
Ordinance and the Collier County Zoning Ordinance, and
amendments thereto, shall include the following~
I. · ORDINANCE DEFINITION
Florida Constitution authorizes the Board of
County Commissioners to enact Ordinances for the
governing of the County on matters of local
nature.
State statute v.~s County Ordinance.
a, Authority to enforce.
II. PROVISIONS OF THE ZONING ORDINANCE AND CONTRACTORS'
LICENSING ORDINANCE,.
III. METHODS OF ENFORCEMENT
A. Receiving complaints of alleged violations of
Ordinance.
a. Telephone.
b. In person.
C. Written.
d. Observation.
e. Referred by .Sheriff's Department or other
A~ency.
Re~og~zing elements that constitute violations of
t~fe'Ordinance.
Enforcement.
a~ Contact with complainant.
b~: Contact with Offender.
c. Instructions and advice.
Warnings, written - oral.
(1) The numbers of warnings'.
(2) Time between warnings.
e. Prosecution.
(1) Issue citations.
(2) Cases that require State's Attorney
involvement.
g. Advise complainant of action taken if
appropriate.
IV. LAWS OF EVIDENCE
A. Tangible.
a. Personal observation.
b, Photographs
VI.
B. Statements.
&. Sworn statements.
b. Admise~ons by defendant.
c. Statements by defendant.
d. Statements of wi~nesses.
C. Obtaining and securing evidence.
a. Identifying photographs.
b. Marking.
c. Maintaining custody.
REPORT WRITING
A. Composition.
a. Who, What, Where, When, Why, Ho~?
B. Forms.
a. Complaint Reports.
b. Supplement Reports.
c. Letters and Correspondence.
d. Warning Citations or notices.
e. Notice of Violations (Tags)
f. Citations.
PROCEDURE FOR XSSUING CITATIONS
A. Establish that a violation of the Ordinance
occurred in the presence of the Officer.
B. Identify the violation.
C. Identify the offender.
D. Obtain all necessary evidence to prove the viola-
tion of the Ordinance.
E. Contact t~e offender and explain the violation.
F. Issue the completed citation form.
G. Have defendant sign the citation form.
H. If the offender refuses the citation seek prosecu-
tion through the State's Attorneys Office.
I. Write a comprehensive report of the violation for
office records.
J. Distribution' of the issued citation form and
back-up material, evidence, etc.
K. What to do when ....
(~)
The offender refuses to give you his ~denti-
fication or dr~ver'e license.
The offender refuses to sig~ the citation.
SECTION FOUR~ ISSUANCE OF CITATIONS
Any person designated as a Contractors' Licensing
Xnvest/gator or Zoning Investigator is hereby autho-
· rized to issue citations for violations of the Collier
County Contractorst Licensing Ordinance and Collier
County Zoning Ordinance, r%spectively, and subsequent
amendments thereto, where such violations are witnessed
by said investigators.
A c/tat/on issued by said investigators under the
provisions of this Ordinance shall be in the following
formz
Agency Case #
IN THE COUNTY COURT, IN AND FOR COLLIER COUNTY, FLORIDA
NOTICE TO APPEAR
STATE OF FLORIDA, COUNTY OF COLLIER
In the name of Collier County, Florida= The undersigned
certifies that he has Just and reasonable grounds to believe,
and does believe that~
(a.m.)
On the , day of . .., 19 , at (p.m.)
Last Name First M.I. Aliases
Street-City and State Date and Place of Birt~
Phone Race/Sex Height Weight Hair Eyes Scars/Marks
Occupation Place of Employment Employment Phone
Complexion Driver's License # Yr/St. Social Security
At (location)
in Collier County, Florida, committed the following offense:
(1) (~)
tn violation of section(s) z ( ) County Ord.
DID (Narrative)~
Name of Officer ID# Age~lcy
( ) Mandatory appearance in County Court,
Location
19 , at ( ) a.m.( ) p.m.
Month and Day
( ) You need not appear in court, but must comply with
instructions on back.
Fine and Cost
CO-DEFENDANTSz
( ) Cited
x. ( )
Name DOB Address
· ' ( ) Cited
2. ( )
Name DOB Address
! AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO
ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I
UNDERSTAND ~tAT S]IOULD I WILLFULLY FAIL TO APPEAR BEFORE THE
COURT AS REQUIRED BY THIS NOTXCE TO APPEAR, THAT I MAY BE
HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL
BE ISSUED.
Sworn to and suscribed
before me ~nis
day of _ , 19
Signature of Defendant
Notary Public-State of FLA.
I swear the above and
reverse and.attached
statements are true and
correct to the best of
my knowledge and belief.
Complainant
COLLIER COUNTY ZONING DEPARTMENT ( )
OR
COLLIER COUNTY BUILDING CODE COMPLIANCE DEPARTMENT (
Additional information shall be supplied on the back oi
the citation in the following form:
WAIVER INFORMATION
If you desire to plead qutlty or nolo contenders (no
contest) and you need not appeal in court as indicated on
the face of this notice, you may present this notice at the
County court named on the reverse of this page.
From , to ,
Date Hour Date Hour
and pay a fine of
money order, or certified check.
.dollars in cash,
The waiver below must be completed and attached. Read
carefully.
Your failure to answer this summons in the manner sub-
scribed will result in a warrant being issued on a separate
and additional charge.
"In consideration of my not appearing in court, I the
undersigned, do hereby enter my appearance on the affidavit
for the offense charged on the other side of this notice and
waive the reading of the affidavit in thQ above named cause
and the right to be present at the trial of said action, l
hereby enter my plea of GUILTY ( ) or NOLO CONTENDERE ( ),
and waive my right to prosecute appeal ~r error proceed-
ings.''
wi understand the nature of charge against me; I under-
stand my right to have counsel and waive thin right and the
right to a continuance. ! waive my right to trial before a
Judge or Jury. I PLEAD CUILTY ( ) or NOLD CONTENDERE ( )
to the charge being fully aware that my signature to this
plea will have the same effect aa a Judgement of this Court."
Total Fine and Coatt
Addresst "~ ....
'~.;q.rl/" ' !t~/.OAN,, .,.
Fine and Cost may be paid at ~.mailed,:~ot
Courts
Clerk of
Check One: Att ( ) (Central Division) Collier County
Courthouse, Naples, Fla. 33942
Or: ( ) (Eastern Division) Branch Court-
house, Immokalee, Fla. 3393%
SECTION FIVE, CONFLICT AND SEVERANCE
In the event this Ordinance conflicts with any other
Ordinance of Collier County, or any municipality therein, or
other applicable law, the more restrictive shall apply. If
any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held inv&lid or uncon-
stitutional 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 remainder of the Ordinance.
SECTION FIVE, ~ENALTIES
Violation of any portion of this Ordinance shall be
punished as provided by law.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of
notice that it has been filed with the Secretary of State.
DATE, February 23~ 1982
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true and correct original oft
ORDINANCE NO. 82-20
which was adopted by the Board of County Commissioners of Collier County,
Florida, this 23rd day of February, 1982.
WILLIAM J. P~AGAN .~.~.:,.,
Clerk of Courts
Ex-officio to B~ard of ''..
County Co3~n~ss~ers '-.'~
~V/.gg/lOS-Z '.:
ZonLng12/9/S1DeparUnent BYV~,~, ~1:~ p'"~ ~ i~ ~ i~
This ordinance flied w~th tho Secreto?~ of State's
Znd da~ of Hatch, ]g82 end acknowledgement o? that
received ~hts,lth day of H~?ch.
014
-O~Puty Clerk