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CESM Backup Docs 02/06/2007 (W) 2007 - Special Magistrate Backup Documents February 6 , 2007 JOINT COLLIER.COUNTY CODE ENFORCEMENT BOARD AND COLLIER COUNTY SPECIAL MASTER WORKSHOP AGENDA Date e. 12:00 p.m. Location: Community Development and Environmental Services Building,Room 609/610, 2800 North Horseshoe drive,Naples,Fl. 34104 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. WORKSHOP DISCUSSION ITEMS: a. Rules and Regulations b. Fining Structure for Violations c. CEB Agenda Announcement Language d. Standardized Recommendation Language e. Consolidated CEB/Special Master Ordinance 4. ADJOURN COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair,both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1)year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the Board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held at least monthly on the fourth Thursday,and/or at other times as needed,and determined by the Board,in the Collier C ounty Commission Chambers. The Board may begin its me +' + a + 9:00 A . •'!e • • • : the public portion of the meeting �hal� e «,-«� M. g c �at 9:30 3v Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three (3)members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)out of three(3)successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 5. Quorum. A quorum of the Board shall consist of four(4)members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. 2 Section 6. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 7. Records. All regular special meetings,hearings,and records shall be open to he public P Section 8. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. ARTICLE VI Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations(Non Contested Cases and present,at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing 5. Old Business 6. New Business 7. Reports 8. Comments 9. Next Meeting Date 10. Adjourn The order of business may be suspended by a vote of the majority of those members present. 3 ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an 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 with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail,return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten(10)days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board,the supervisor of the Code Enforcement Investigator involved,and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s)to the Secretary of the Board for distribution to the Board Members at least five (5) business days prior to the Board Hearing. In order to have the information submitted to the Board Members,the alleged violator shall submit fifteen(15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her answer/response packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or ignored to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. 4 ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one(1)hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI, Subsection 5. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts,exhibits or evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called will be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party,or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. non-cont-_ -. case the . evidence -. ' shall b- e ateme• . the viol. • and any sti ula--d .gree - t. b. Where notice of hearing has been provided in accordance withhSection 162.12, the hearing may proceed in the absence of the Respondent. 0 5 c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name,mailing address and physical residence. If the Respondent/alleged violator appears by a person other than an attorney, the Resp• •-nt should complete the attached Durable Special Power of Attorney form and present it at the hearing. -j/j/ f. Presentations of a case may be limited to twenty(20)minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required,he/she shall notify the Board Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the party's presentation may be objected to by the opposing side. Whether to allow the evidence shall be at the discretion of the Board. If the Board allows the evidence a recess or continuance to examine said evidence may be granted by the Board. h. All persons appearing before the Board shall be sworn in. 0 Each side IZZe permitted to make.brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine all witnesses. Members of the public may testify and provide relevant evidence to support that a viola • has or has not occurred. Members of the public must pre-register to speak and their testimony - : -: : --- - - -- - • may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. - - : : , - :. _ • _ _ - _ - register to speak. s yyl - - k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then deliberate and determine what affirmative relief and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comp , setting a date certain for compliance. The Order shall contain Findings of Fact and 6 Conclusions of Law and state the affirmative relief granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1)the gravity of the violation; (2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed Two Hundred Fifty One Thousand Dollars 039$1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Hundred Dollars ($5000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10) days. p. In the event the violation is a violation described in Section 162.06(4),Fla. Stat.,the Board may direct the local governing body to make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may request a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Request for Rehearing(may be in the forms of Exhibit"A")shall specify the precise reasons thereof. A Request for Rehearing shall be in writing and sent to the Secretary to the Board within ten(10)days of the date the Order is received by the party,but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Request for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty(20)days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may:(1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or(2) 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 Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. 7 ARTICLE X Enforcement Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit shall be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. p Secti n 3 A request for a reduction/abatement of fines 0..y be in the form of a Request to Impose Re ce/Abated Fine. The Request should contain the following information: (a)name, and address of named Respondent;(b)names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Request to Reduce/Abate Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Request to Reduce/Abated Fine, attaching all supporting documentation. IF, Section 4 The Board shall determine .. ....:... . . :_ . - t_ . a _ _ applicable to be imposed and the Respondent shall receive a notice of the said He. g. In determining the amount of the fine, if any,the Board shall consider the following factors: (1) the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed T'v One Thousand Dollars(x50 $1,000 .00) for each day the violation continues past the specified compliance date and Five wed Thousand Dollars ($5000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. 8 ARTICLE XI Reduction of Fines Prior to Imposition of Fine Section 1. The Board will only consider written request for a reduction of fines. The request must state reasons for reduction and must including supporting documentation for Board consideration as no further testimony from or in behalf of the violator will be considered.A Request to Reduce/Fines may be made after a violation has been abated,or in the event a violation cannot be abated,after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Request to Reduce/Abate Fine be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Request, the Secretary to the Board shall set the Request on the next available agenda of the Code Enforcement Board. The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Request by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another request accordance with these Rules. Section 3. Upon the proper filing of a Request to Impose A Reduced/Abated Fine, the Board may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f)the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules,where applicable. Section 5. If a reduction is granted;the reduced fine must be paid within thirty(30)days, unless otherwise specified in the order, or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time,the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Board will not re-hear a request for reduction of fines once a decision has been reached on a previous request for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be 9 recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XII Recording of Order Section 1. A certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. For all Orders Imposing Fines/Liens rendered after April 16, 1999,the Order,when properly recorded,shall be superior to the interest on such property of any owner lessee,tenant,mortgagee,or other person except the lien of County taxes,and shall be coequal with county taxes. Upon petition to the Circuit Court,such Order 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. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid,the Board may authorize the attorney representing the Commission to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homestead under Section 4,Article X of the Florida Constitution. Section 2. No lien provided under this ordinance shall continue for a period longer than twenty (20) years after the certified copy of an Order Imposing a Fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurs in the foreclosure. ARTICLE XIII Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event a violation is occurring on property under multiple ownership 10 and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision,the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Secti 4) Intervention by non-parties ale lie permitted if the non-party-in*�t-,rill be affected by e Board's decision. Section 5. The Board,at its discretion,may ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s)or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS, As Amended,ARE HEREBY APPROVED this day of , 2004. COLLIER COUNTY CODE ENFORCEMENT BOARD Sheri Barnett, Chair George P. Ponte Richard Kraenbring,Vice-Chair Gerald J. Lefebvre Justin DeWitte Jerry Morgan Larry Dean Kenneth Kelly,Alternate Charles Martin,Alternate 11 COLLIER COUNTY SPECIAL MASTER RULES AND REGULATIONS ARTICLE I Name The name of this Governing Authority shall be the Collier County Special Master. ARTICLE II Jurisdiction The Special Master has jurisdiction over those matters which are set forth in all ordinances of Collier County,Florida. ARTICLE III Meeting Requirements Section 1. Regular Meetings. Regular meetings of the Special Master shall be held twice monthl on the first and third Friday in the Collier County Commission Chambers,and/or at other times as needed,and determined by the Special Master. The Chambers will be accessible to the public at 8:15 a.m. Pre-hearing conference proceedings will begin at 8:30 a.m.with hearings commencing at 9:00 a.m. Section 2. Records. All records of regular and special meetings or hearings shall be open to the public. Section 3. Procedure. Parliamentary procedure in Special Master meetings shall be governed by the Rules and Regulations contained herein. ARTICLE IV Order of Business 1. Call to Order 1 2. Approval of Agenda 3. Approval of Minutes 4. Motions for Continuance 5. Public Hearings a. Stipulations b. Hearings(Respondent present at hearing) c. Hearings(Respondent not present at the hearing) 6. New Business a. Motion for Imposition of Fines b. Request Motion for Reduction/Abatement of Fines 7. Old Business a. Request to forward cases for Foreclosure/Collections 8. Consent Agenda 9. Reports 10. Announcements 11. Next Meeting Date 12. Adjourn The order of business may be suspended by decision of the Special Master. ARTICLE V Initiation of Actions before the Special Master Section 1. All Actions before the Special Master shall be initiated by a Code Enforcement Investigator, Sheriffs Deputy, Domestic Animal Services Officer, or other County Official with the owers to issue citations, filing ..- - :. • : •- . •:- a document, 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 to the Special Master. The Special Master may initiate action. Section 2. The Secretary to the Special Master shall assign a case number to each case and schedule a hearing. Section 3. The Secretary to 1111.the Special Master shall send out a Notice of Hearing along wit a Sta* f Violation and a copy of the Rules and Regulations to the alleged 2 violator by either certified mail,return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Special Master. The Secretary to the Special Master shall provide Notice -- :"- - ' : --- - - •- - - : Issuing Officer and the alleged violator as herein provided at least ten(10)days prior to the hearing at which the alleged violator's case will be presented to the Beard. - = - ••- ' - • ' . - , -- . . - . , - -. - . - - Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to 111.11 the Special Master for distribution to the Special Master at the Hearing. In order to have the information submitted to the Special Master,the alle ed violator shall submit two(2)four(4)copies of his or her information to the Secretary to the Special Master five(5) business days prior to the scheduled hearing. The Code Enforcement Investigators charging packet shall be delivered to the Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or ignored to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County,Florida. ARTICLE VI Prehearing Procedures Section 1. Prehearing conference between parties. The alleged violator and Code Enforcement Investigator are required to have a prehearing conference thirty(30)minutes prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violation(s). If so,the case shall be placed on the agenda as stated in Article IV. b. The parties may stipulate to an agreed Order,to be approved by the Special Master. c. The parties may stipulate to any facts,exhibits or evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called IN will be exchanged. Any facts or evidence stipulated to shall be presented to the Special Master along with any prehearing packets or agreements either party intends to provide to the Special Master. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the :. - - - - --- - . 3 Issuing Officer shall be delivered to the Special Master Secretary and the opposing party,or their counsel, if applicable,at least five(5)business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with four(4) {copies of the motion. The Special Master Secretary will then distribute the motions to the Special Master at the hearing. The Special Master may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE VII Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Special Master is without jurisdiction to hear any statement,argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances,or court decisions. The following procedures will be observed at hearings before the Special Master: a. In a non-contested case the only evidence heard shall be the a statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Special Master shall announce the case before hearing testimony. d. The Respondent/alleged violator shall state his/her full legal name,mailing address and physical residence. e. If the Respondent/alleged violator wears by a person other than an attorney, the Respondent should submit a notarized letter to the Special Master granting that individual permission to represent him/her . - - . . .. - _ ! .. . , - _. ', - _ _ . form and present it at the hearing. f. Presentations of a case may be limited to ten (10) twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she shall notify the Special Master Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the party's presentation may be objected to by the 0 osing side. ,- : . - --- - - - If the Special Master_allews-the-evidenee a recess or continuance to examine said evidence - h. All persons appealing before the Special Master shall be 4 sworn in. i. Each side®shall be permitted to make brief opening statements,if requested. The County shall present its case and Respondent/alle ed violator shall present his/her case. Both parties shall have an opportunity to cross-examine® all witnesses. j. - - • - -. - • - . - •- .. rovide relevant evidence to su ort that a violation has or has not occurred . Testimony of members of the public may be limited to no more than five (5) minutes unless extended by a majority vote of the Special Master. . - . . -- .. . • _ .: -. . . - -_ - - .- k. The Special Master may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Special Master. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Special Master shall close the hearing. n. The Special Master shall determine whether the County has proven by competent substantial evidence that a violation has occurred. If the S ecial Master determines that a violation has occurred,it shall then determine what a€i= awe relief and potential fines shall be appropriate. If the Special Master does not find that a violation has occurred,the charges shall be dismissed. o. The Special Master,upon fording a Respondent in violation,shall issue an oral Order to Comply, setting a date certain for com liance. The Order shall contain Findings of Fact and Conclusions of Law and state the affirmative relief granted by the Special Master. The Special Master may include in such Order a fine to take effect the day following the specified compliance date in case of non-compliance. In determining the amount of the fine, if any, the Special Master shall consider the following factors: (1)the gravity of the violation; (2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed Five Hundred Fifty Dollars( .00)for each day the violation continues past the specified compliance date and Sue-thousand Dollars($ ,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10) days. p. In the event the violation is a violation described in Section 162.06(4),Fla. Stat.,the Special Master may direct the local governing body to make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. 5 q. A party may®request a rehearing of the Special Master Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Special Master. The written for Rehearing(may be in the forms of Exhibit"A")shall specify the precise reasons thereof. A Request for Rehearing shall be in writing and sent to the Secretary to the Special Master within ten(10)days of the date the Order is received by the party,but in no event more than twenty(20) days from the date of mailing of the Order. The Order of the Special Master shall be stayed and the time for taking an appeal tolled until the_ Request for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty(20)days from date of the mailing of the rehearing decision. r. The Special Master shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Special Master determines that it will grant a rehearing,it may: (1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Special Master to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence,providing that the change is based on a fording that the prior decision of the Special Master resulted from a ruling on a question of law which the Special Master has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Special Master to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Special Master's Order. ARTICLE®pc Reduction of Fines Prior to Imposition of Fine Section'3. A request for a reduction/abatement of fines may be in the form of a - • "- - " ' :- - --. The Request should contain the following information: (a)name,and address of named Respondent; (b)names of all owners of the property which is the subject of the violation; (c)physical address of subject property; (d)nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the = .- : ' -:. - - Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated,and provide support documentation to that effect); (f)mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g)any other factors that may be considered by the Special Master; (h)si ature of Respondent;and(i)all supporting documentation. The Respondent should provide the Secretary to the Special Master two (2) copies of the 6 -111111_111 Request to Reduce/Abate Fine, attaching all supporting documentation. r-- _ . - - - - _ . _ . _ . -- , r-• . .. - - •- -. - . •- . .. , - • . . . - : - .A equest to D d Fines may be made after a violation has ��csrcozcccrccvcr been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Special Master's Order has been made. Under no circumstances may a v eq << n ^�- * Finel be made after the Special Master has authorized foreclosure by the County Attorney's Office. Section 2. Upon the roper filing of a Request, the Secretary to the Special Master shall set the Request on the next available agenda of the Special Master. The failure of the Res ondent to comply with the requirements set forth above may be grounds for dismissal of the by the_Special Master. Such dismissal shall be without prejudice to the Respondent to file request II accordance with these Rules. Section 3. Upon the proper filing of a Request •"- '° - ' ' -: -: ' = -: - --, the Special Master may consider the following factors: (a)the gravity of the violation;(b)actions taken by the Respondent to correct the violation;(c)whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h)the time and cost incurred by Code Enforcement to have the violation corrected and (i)any other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article VII of these Rules,where applicable. Section 5. If a reduction is granted;the reduced fine must be paid within thirty(30)days, unless otherwise specified in the order, or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time,the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Special Master will not re-hear a®request for reduction of fines once a decision has been reached on a previous request for reduction of fines. Section 7. The Special Master's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo(new hearing),but shall be limited 7 to appellate review of the record created. Filing an Appeal shall not stay the Special Master's Order. ARTICLE VIII Section 1. After an Order has been issued by the Special Master and a date of compliance has been set,the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Special Master. Section 2. The Code Enforcement Investigator shall file an Affidavit of Corn liance or Non-Compliance with the Secretary to the Special Master. A copy of said Affidavit shall be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The11.11 Secretary to the Special Master shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Section 4 The Special Master shall determine the amount of operational costs and/or fines as applicable to be imposed and the Respondent shall receive a notice of the said Hearing. In determining the amount of the fine, if any,the Special Master shall consider the following factors: (1)the gravity of the violation; (2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator;and(4)any other relevant factors. Such fine shall not exceed Fiw-Hiandred Fifty Dollars ($500 .00) for each day the violation continues past the specified compliance date and®One Thousand Dollars($41,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. The Special Master's determination to impose operational costs and/or fines,shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County,Florida. (The section needs to make reference to Article VII,para. "o") ARTICLE X Recording of Order(Should this article be made a part of Article IX?) Section 1. A certified copy of an Order®lnimpasinga fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. For all Orders Imposing Fines/Liens rendered after April 16, 1999, the Order, when properly recorded, shall be - = • - • --• - , - = - - -- - -.. - - . Upon petition to the Circuit 8 Court, such Order 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. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance,whichever comes first. After three(3)months from the filing of any such lien,which remains un aid,the Special Master may authorize the attorney representing the ME Commission to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homestead under Section 4, Article X of the Florida Constitution. Section 2. No lien . . •. , . . . - shall continue for a period longer than twenty(20)years after the certified copy of an Order Imposing a Fine has been recorded,unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,including a reasonable attorney's fee that it incurs in the foreclosure. ARTICLE XI Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and county ordinances during a regular meeting. Section 2. The Special Master shall not knowingly discuss any case with any alleged violator or with any other interested party prior to the final resolution of the case. Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Special Master's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties shall be permitted if the non-party's interest will-be affected party by the Special Master's decision. Section 5. The Special Master has discretion to ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Special Master, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Special Master prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. 9 THESE RULES AND REGULATIONS,As Amended, ARE HEREBY APPROVED this day of , 2007. COLLIER COUNTY SPECIAL MASTER Brenda Garretson,Presiding Special Master 10 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: <DATE>,at 9:00 a.m. Location: Collier County Government Center,Third Floor, 3301 East Tamiami Trail,Naples,Florida Ne TI THE RE PONDE T MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION ' V ITIONALL,TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY l'A4t L.RECEIVE UP °' { 1VE.0) 'MINUTES UNLESS.THE TIME IS ADJUSTED BY THE 1 ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF 0DER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES 4. PUBLIC HEARINGS A. MOTIONS 1. B. STIPULATIONS 1. C. HEARINGS 1. 5. OLD BUSINESS A. Request for Reduction of Fines/Liens 1. B. Request for Imposition of Fines/Liens 1. 6. NEW BUSINESS 7. REPORTS 8. COMMENTS 9. NEXT MEETING DATE- <DATE> 10. ADJOURN CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2007-02 vs. CEDERIERE TITUS AND JEANNE BONNETT, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 25,2007,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board,as follows: FINDINGS OF FACT 1. That Cederiere Titus and Jeanne Bonnett are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 30 33rd Avenue NE,Naples,Florida 34120,Folio Number 38501040007 more particularly described as The North 280.03 feet of Tract 24,GOLDEN GATE ESTATES UNIT NO.36, according to the Plat thereof recorded in Plat Book 7,Pages 86-87,Public Records of Collier County is in violation of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.01.06(B)(1)(a), 10.02.06(B)(1)(d)and I0.02.06(B)(1)(d)(i)and the 2004 Florida Building Code,section 105.1,in the following particulars: Remodeling and enclosing of home without valid Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Ordinance 04-41,the Land Development Code,as amended,sections 10.01.06(B)(1)(a), 10.02.06(B)(1)(d)and 10.02.06(B)(1)(d)(i)and the 2004 Florida Building Code,section 105.1, be corrected in the following manner: 1. By applying a Collier County Building Permit and pursuing with due diligence or by obtaining a Demolition Permit and removing improvements,including materials,from the property and restoring it to a permitted state within 14 days(February 8,2007). 2. By obtaining a Certificate of Completion within 60 days of the date that the permit is issued. 3. That if the Respondents do not comply with paragraph 1 within 14 days(February 8,2007),then there will be a fine of$200 per day for each day that the violation continues past that date. 4. That if the Respondents do not comply with paragraph 2 above,then there will be a fine of$200 per day for each day that the violation continues past that date. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ,2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Sheri Barnett,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2007,by Sheri Barnett,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Cederiere Titus and Jeanne Bonnett,30 33`d Avenue NE,Naples,Florida 34113 this day of 2007. M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste.300 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT RULES OF PROCEDURE Table of Contents ARTICLE I: GENERAL Section 1. Title and Citation Section 2. Applicability Section 3. Jurisdiction Section 4. Authority Section 5. Definitions ARTICLE II: RULES OF PROCEDURE FOR ALL BOARD PROCEEDINGS Section 1. Initiation of Actions Section 2. Prehearing Procedures Section 3. Hearings Section 4. Enforcement of Board Orders Section 5. Reduction of Fines Prior to Imposition of Fine Section 6. Recording of Order Section 7. Miscellaneous ARTICLE III: ENFORCEMENT BOARD RULES OF PROCEDURE Section 1. Officers and their duties Section 2. Election of Officers Section 3. Board Section 4. Order of Business Section 5. Notices of Hearing Section 6. Prehearing Motions ARTICLE IV: SPECIAL MAGISTRATE RULES OF PROCEDURE Section 1. Meeting requirements Section 2. Order of Business Section 3. Notices of Hearing Section 4. Prehearing Motions COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT RULES OF PROCEDURE ARTICLE I: GENERAL Section 1. Title and Citation These rules of procedure shall be known and may be cited as the"Collier County Consolidated Code Enforcement Rules of Procedure,"and throughout these rules,are referred to as"Rules of Procedure". Section 2.Applicability These Rules of Procedure shall apply to proceedings of the Collier County Code Enforcement Board,the Collier County Public Nuisance Abatement Board,and the Special Magistrate,except as otherwise indicated. Section 3. Jurisdiction The Code Enforcement Board, Nuisance Abatement Board, and Special Magistrate have jurisdiction over those matters which are set forth in all ordinances of Collier County,Florida. Section 4. Authority These rules are promulgated pursuant to Section 1-105 of Collier County Ordinance No. 2007-_, which provides the Commission with authority to establish of rules of procedure for proceedings of the Code Enforcement Board and Special Magistratet _-- Comment[ally Don't agree that the , Commission should take away the Board's i? and SM authority to create their own Section 5. Definitions yes. When used in these Rules of Procedure, the following terms shall have the following meanings,unless the context clearly indicates otherwise: Board means the Collier County Code Enforcement Board, the Collier County Nuisance Abatement Board,and the Collier County Special Magistrate. All other terms herein shall have the same meaning as set forth in Section 1-104 of Ordinance No.2007- ARTICLE II: RULES OF PROCEDURE FOR ALL BOARD PROCEEDINGS Section 1. Initiation of Actions (1) FAll;actions before the Board shall be initiated by a Code Enforcement Investigator filing an -- Comment[a2]:How does this affect Affidavit of Violation,which shall include a statement of the facts and circumstances of the alleged other motions that come eforreerethe Board? violation and shall identify the code or ordinance,which has been violated with the Secretary to the Board. (2)The Secretary to the Board shall assign a case number to each case and schedule a hearing. 1 (3) The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of these Rules and Regulations to the alleged Violator by either certified mail, return receipt requested,hand delivery upon a party,posting on the property and at the courthouse,or in any manner authorized as provided by the Ordinance establishing the Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged Violator as herein provided at least ten (10) days prior to the hearing at which the alleged Violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Code Enforcement Department, the supervisor of the Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. In addition,for proceedings before an Enforcement Board, a copy of said notice shall be sent to the attorney for the Enforcement Board. (4)Additional requirements for Notices of Hearing can be found in these Rules of Procedure at Article III,Section 5(for Enforcement Boards),and at Article V,Section 3(for Special Magistrate). (5) All persons wishing to address the Board on items not scheduled on the agenda must register with the Board Secretary prior to the commencement of the Public Hearing/Motion portion of the agenda. Speakers will be given three minutes each during the Public Comment portion of the agenda. The Board will take no action during the public comment portion of the agenda. The Chairman will read the entirety of this paragraph at the beginning of the meeting. (6) In emergency situations,the timelines set forth in these Rules of Procedure can be abbreviated or ignored set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County,Florida. Section 21 Pre-heariie Procedure --' comment[a3]:Is this section intended;to apply to both the CEB and the (1) Pre-hearing meetings conference between parties. special magistrate?Ifsathereare the The alleged Violator and Code Enforcement Investigator are encouraged to have a pre-hearing Public athmepenodpronferen es. g g g p g public for pre-heating conferences.For conference one(1)hour prior to the scheduled hearing. At the pre-hearing conference the following the CEB it is I hour and for SM it is 30 minutes.':. . may occur: a. The Respondent/alleged Violator may be asked if he/she wishes to contest the violations. If so,the case shall be placed on the agenda as stated in[fill]. b. The parties may stipulate to an agreed Order,to be approved by the Boardd. Comment[a4]: the section is intended to applyto both authorities reference made only to the Board and not c. The parties may stipulate to any facts,exhibits or other evidence to be introduced into the record,which are not in dispute. d. The names and addresses of witnesses to be called will may be exchanged. Any stipulated facts or evidence shall be presented to the tBOard,alon&with any pre-hearing packets _-- Comment[as]:If the section is or agreements either party intends to provide to the Board. intended ee apply only both authorities reference made only o the Board and not the SM (2) Pre-hearing Motions. Procedures for pre-hearing motions can be found in these Rules of Comment[a6]:Same as above. Procedure at Article , Section (for Enforcement Boards), and at Article , Section (for Special Magistrate). 2 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Special Magistrate,or the Chair in cases before an Enforcement Board, shall close the hearing. n. The Special Magistrate, and the Enforcement Board through deliberations in open session before the public,shall determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then determine what affirmative reliefcorrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon fording a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the effin ti c relief corrective action granted by the Board. The Board may include in such Order a fine,the accrual of which shall begin to take effect the day following the specified compliance date in case of non-compliance. In determining the amount of the fine,if any,the Board shall consider the following factors:(1)the gravity of the violation;(2)any actions taken by the Violator to correct the violation;(3)any previous violations committed by the Violator; and(4)any other relevant factors. Such fine shall not exceed T wo Hundred Fify One Thousand Dollars ($250 $1.000.00) for each day the violation continues past the specified compliance date and Gee Five thousand Dollars($5 000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/Violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the RespondentNiolator within ten(10)days. p. In the event the violation is a violation described in Section 162.06(4),Fla.Stat.,the Board may direct the local,,..°ruing beefy appropriate department within the unincorporated county to make all reasonable repairs required to bring the property into compliance and charge the Violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may request a rehearing of the Board Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law,which was fundamental to the decision of the Board. The written Request for Rehearing(may be in the forms of Exhibit`B")shall specify the precise reasons thereof. A Request for Rehearing shall be in writing and sent to the Secretary to the Board within ten(10)days of the date the Order is received by the party,but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Request for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty(20)days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting,reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing,it 4 may:(1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted;or(2) 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 Special Magistrate resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Collier County Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. Section 4. Enforcement of Board Orders comment[alo]:is this section only - (1) After an Order has been issued by the Board and a date of compliance has been set,the Code applicable to the enforcement board?Will therebe s separate section included for the Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with Special Magistrate the Order of the Board. (2) The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit chap may be sent to the Violator by regular U.S.mail and recorded in the Public Records of Collier County,Florida. The Secretary to the Board shall report the status of said affidavit at the next scheduled Board meeting. (3) A request for a reduction/abatement of fines may be in the form of a Request to Impose Reduce/Abated Fine. The Request should contain the following information:(a)name,and address of named Respondent;(b)names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement(in the event that the violation cannot be abated by Respondent,the Respondent shall include in the Request to Reduce/Abate Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated,and provide supporting documentation to that effect);(1)mitigating factors which Respondent believes warrant a reduction or abatement of fines; (g) any other factors that may be considered by the Board; (h) signature of Respondent; and(i)all supporting documentation. For cases before an Enforcement Board,the Respondent should provide the Secretary to the Enforcement Board fifteen(15)copies of _-- Comment[all]:Not applicable to the the Request to Reduce/Abate Fine. For cases before the Special Magistrate,the Respondent should SM" provide the Secretary to the Special Magistrate two(2)copies of the Request to Reduce/Abated Fine, attaching all supporting documentation. (4) The Board shall determine the amount of operational costs and/or fines as applicable to be imposed and the Respondent shall receive a notice of the Hearing. In determining the amount of the fine,if any,the Board shall consider the following factors: (1)the gravity of the violation;(2)any actions taken by the Violator to correct the violation;(3)any previous violations committed by the Violator; and(4) any other relevant factors. Such fine shall not exceed Two Hundred Fifty One Thousand Dollars ($�50 $1.000.00) for each day the violation continues past the specified compliance date and Five Iced Thousand Dollars($5,00.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/Violator may be ordered to pay any operational and/or prosecution costs incurred.The Board's determination to 5 impose operational costs and/or fines,shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the Violator by regular U.S. mail or served upon the Violator as specified by [section fill] of Ordinance No. [fill], and recorded in the Public Records of Collier County,Florida. Section 5. (Reduction of Fines Prior to Imposition of Fine L --- Comment 1a12]:Same comment as (1) The Board will only consider written requests for a reduction of fines.The request t must state before;:this sectiononlymakes reference q M the CEB and no reference to the SM. reasons for reduction and must including supporting documentation for Board consideration,as no Similar request have come before the SM. further testimony from or in behalf of the Violator will be considered.A Request to Reduce/Fines thSM t'°n be createdtoaddress may be made after a violation has been abated,or in the event a violation cannot be abated,after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Request to Reduce/Abate Fine be made after the Board has authorized foreclosure by the County Attorney's Office. (2) Upon the proper filing of a Request,the Secretary to the Board shall set the Request on the next available agenda of the Board. The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Request by the Board. Such dismissal shall be without prejudice to the Respondent. (3) Upon the proper filing of a Request to Impose a Reduced/Abated Fine,the Board may consider the following factors:(a)the gravity of the violation;(b)actions taken by the Respondent to correct the violation;(c)whether there were previous violations committed by the Violator;(d)the cost upon the Violator to correct the violation;(e)the reasonable time necessary to correct the violation;(1)the value of the real estate compared to the amount of the fine/lien;(g)any hardship the fine/lien would cause on the Respondent;(h)the time and cost incurred by the Collier County Code Enforcement Department to have the violation corrected and(i)any other equitable factors which would make the requested mitigation appropriate. (4) The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to[fill] of these Rules,where applicable. (5) If a reduction is granted;the reduced fine must be paid within thirty(30)days,unless otherwise specified in the Order,or unless staff,in its discretion,negotiates an installment plan. If payment is not made within the specified time,the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the Violator. (6) The Board will not re-hear a request for reduction of fines once a decision has been reached on a previous request for reduction of fines. (7) The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the Violator. Any aggrieved party may appeal 6 a final order to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo(new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. Section 6. 'Recording of Order _-.-- Comment(a13]:Is this applicable to (1) A certified copy of an Order of Imposition osition of' the CEB and the SM? ( ) pY p u�fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the Violator. For all Orders Imposing -- •• - , • ;- - -•• --• ••• - . Upon petition to the Circuit Court,such Order 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. A fine imposed pursuant to this part shall continue to accrue until the Violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance,whichever comes first. After three(3)months from the filing of any such lien,which remains unpaid,the Board may authorize the attorney representing the Board of County Commission to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property,which is homestead under Section 4,Article X of the Florida Constitution. (2) No lien imposed pursuant to this article provided under th:..o_'dinance shall continue for a period longer than twenty (20) years after the certified copy of an Order for Imposition of Fine/Lien Imposing a Fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien,the prevailing party is entitled to recover all costs,including a reasonable attorney's fee that is it incurreds in the foreclosure. Section 7. Miscellaneous (1) These Rules of Procedure may be revised and adopted only by the Collier County Board of ,, Comment(a14]:Idon't believe the County Commissioners,consistent with state statutes land County ordinances. BCC adoption o£niles of procedures for the CEB or SM itt consistent with the state!: (2) No Board member,including the Special Magistrate,shall knowingly discuss any case with any Stat1fCs alleged Violator or with any other interested party prior to the final resolution of the case. (3) In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision,the Code Enforcement Invest ator may include theproperty owner_-_-- Comment[a1.5]:Is this only applicable to the CEB2 and/or tenant as Respondent to the case. (4) Intervention by non-parties shall be permitted if the non-party's interest will be affected by the -, Comment[a16]:Same comments as Board's decision. above• (5) 'The'Board at its discretion,may ask for_periodic reports from County staff as to the status of _-- comment[all]:same comment as above. cases. 7 (6) In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s)lapplicable to the Board,the provisions of the ordinances)or statutes) ,l Comment[a18]:According to this shall revail. p statement when conflicts exists applicable to the CEB,what about the SM. (7) Any case in which there has been a hearing by the Board prior to the adoption of these Rules and naaitionally,what happens when there are shall be governed by the previously adopted rules and regulations in effect at the time of ' statutes,wh pia p�?�°a the the hearing. ?Comment(a19] Applicable to the CEB. ARTICLE III: CODE ENFORCEMENT BOARD RULES OF PROCEDURE Section 1. Officers and Their Duties (1) The officers shall consist of a Chair and Vice-Chair,both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County,Florida. (2) The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. (3) The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. (4) The Vice-Chair shall act in the absence of the Chair. (5) The full Enforcement Board and alternates may participate in the election process and vote, although the alternates may not serve as officers. Section 2. Election of Officers (1) Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year,and the election shall be held immediately thereafter. (2) A candidate receiving a majority vote shall be declared elected and shall serve a term of one(1) year,or until a successor shall take office. (3) Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. (4) The Chair or Vice-Chair may be removed by a supermajority vote of the Enforcement Board, with or without cause. Section 3. Board (1) Membership. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. (2) Regular Meetings. Regular meetings of the Code Enforcement Board shall be held at least monthly on the fourth Thursday,and/or at other times as needed,and determined by the Board,in the 8 Collier County Commission Chambers. The Board may begin• ••-- - . _. _• • matte...at 9:00 A M nd the public portion of the meeting shall^ e at 9:30 9 00A.M. (3) Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three(3) members of the Code Enforcement Board. (4) Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. (5) Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two(2)out of three(3)successive board meetings without a satisfactory excuse,he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. (6) Quorum. A quorum of the Board shall consist of four(4)members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example,if four members are present,an affirmative vote of three of those members present shall be sufficient to take Board action. (7) Voting. a. Voting shall be by voice vote,or show of hands, if necessary, and may be recorded by individual(or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. (8) Records. All regular and special meetings,hearings,and records shall be open to the public. (9) Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order,as amended,and by the Rules and Regulations contained herein. Section 4. Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 9 4. Public Hearings/Motions a. Non Contested Cases and present at the hearing b. Contested Cases by Respondents and present at the hearing c. Cases of Respondent not present at the hearing 5. New Business 6. Old Business 7. Reports 8. Comments 9. Public Comments 10. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. Section 5. Notices of Hearing. The Notice of Hearing shall inform the alleged Violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s)to the Secretary of the Board for distribution to the Board Members at least five(5)business days prior to the Board Hearing. In order to have the information submitted to the Board Members,the alleged Violator shall submit fifteen(15)copies of his or her information to the Secretary to the Board five(5)business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three(3)days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged Violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged Violator's answer/response packet or until the deadline by which the alleged Violator's packet of information must be received by the Secretary to the Board has passed. If the alleged Violator timely delivers his or her answer/response packet to the Secretary to the Board,the Secretary to the Board shall deliver all packets together. Section 6. Pre-hearing Motions Any motion for any reason to be filed by the alleged Violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party,or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen(15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the _-- Comment[a20] This is new It - previously said the Board's Secretary. 10 requirements set forth in this paragraph under exceptional circumstances. ARTICLE IV: SPECIAL MAGISTRATE RULES OF PROCEDURE Section 1.Meeting Requirements (1) Regular Meetings. Regular meetings of the Special Magistrate shall be held at least twice monthly on the first and third Friday in the Collier County Commission Chambers,and/or at other times and places as needed, and determined by the Special Magistrate in the Collier County Gemmissien-Ghentbem. 11.- _ • .- . - . -- ... . . Pre- heating conference proceedings will begin at 8:30 a.m.with hearing shall commencing at 9:00 a.m. (2) Records. All records of regular and special meetings or hearings,and record;,shall be open to the public. (3) Procedure. Parliamentary procedure in Special Magistrate meetings shall be governed by the Rules and Regulations contained herein. Section 2. Order of Business 1. Call to Order 2. Approval of Agenda 3. Approval of Minutes 24. Motions for Continuance 33. Public Hearings a. Stipulations b. Hearings(Respondent present at hearing) c. Hearings(Respondent not present at the hearing) 46. New Business a. Motions for Imposition of Fines b. west Motions for Reduction/Abatement of Fines 37. Old Business a. Request to forward cases for Foreclosure/Collections 68. Comments Consent Agenda 9 Reports 10. Announcements 11_'l. Next Meeting Date 812. Adjourn 11 The order of business may be suspended by decision of the Special Magistrate. Section 3. Initiation of Actions before the Special Magistrate (1)Actions before the Special Magistrate shall be initiated by a Code Enforcement Investigator, Sheriff's Deputy,Domestic Animal Services Officer,or other County official with the powers.to issue citations,`'filing a document with the Office of Special Magistrate 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. The Special Magistrate may also initiate action. (2)The Office of the Special Magistrate shall assign a case number to each case and schedule a hearing. (3) The Office of the Special Magistrate shall send out a Notice of Hearing along with a copy of these Rules and Regulations to the alleged violator by either certified Mail,return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Special Magistrate. The Office of the Special Magistrate shall provide Notice to the Issuing'Officer and the alleged violator'as herein provided at least ten (10) days prior to the hearing at which the alleged Violator's case will be presented to the Special Magistrate. The Notice of Hearing shall inform the alleged Violator that he or she is permitted to provide an answer/response packet of information to the Office of the Special Magistrate for distribution to the Special Magistrate at the Hearing. In order to have the information submitted to the Special Magistrate, the alleged Violator shall submit two (2) four (4) copies of his or her information to the Office ofd the Special Magistrate five(5)three(3)business days prior to the scheduled hearing. - .- -- - -- •_ - b _ - - - - Section 4. Pre-hearing.Motions Any motion for any reason to be filed by the alleged Violator or the Code Enforcement Investigator Issuing Officer shall be delivered to the Office of the Special Magistrate Secretary and the opposing party,or their counsel,if applicable,at least five(5)business days prior to the hearing. The person filing the motion shall provide the Office of the Special Magistrate with four(4)Beard' copies of the motion. The Special Magistrate Secretary will then distribute the motions to the Special Magistrate at the hearing. The Special Magistrate may waive the requirements set forth in this paragraph under exceptional circumstances. • comment[a21]:Quite a bit penaining to the Special Magistrate's procedures have been left out of this document For Comments example the citation process which is not THESE RULE OF PROCEDURE ARE HEREBY APPROVED AND ADOPTED something that the als has the hen to address:The SM also imposes liea ort this day of ,2007. consent that the CEB does not have the authority to do.There needs tobe"" sections pertaining to these processes. There are quite a few things that are not similar for both bodies specifically COLLIER COUNTY BOARD OF COUNTY because we are dealing with aboard of members versus a single member COMMISSIONERS authority. 12 ,Chairman Approved as to form and legal sufficiency By: Jeffrey A.Klatzkow, Managing Assistant County Attorney 13 COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE ORDINANCE NO.2007- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE CONSOLIDATION OF THREE EXISTING CODE ENFORCEMENT ORDINANCES INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDE FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution 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 laws;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, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01,Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution;and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act,"the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 92-80, superseded by Ordinance No. 2005-55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance;"and WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Ordinance No. 97-35, as amended, known as the "Collier County Code Enforcement Citation Ordinance," which established a Page 1 of 19 supplemental county code or ordinances enforcement procedure with respect to certain codes and ordinances;and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government GcEI( oe�` F^-= oards Act,"the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 04-46, known as the "Collier County Special Master Ordinance,"which created a code enforcement special magistrate process as an additional means for the enforcement of its codes and ordinances;and WHEREAS, the Board of County Commissioners of Collier County wishes to consolidate these three ordinances into one,thereby simplifying the Code Enforcement process; and WHEREAS, the Board of County Commissioners, recognizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws • and Ordinances and the Land Development Code, desires to establish affirmative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance, which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA that: SECTION ONE: Repeal of Ordinances. On the effective date of this Ordinance, the following Collier County Ordinances are repealed and superseded in their entirety: Ordinance No. 2005-55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance; Ordinance No. 2004-46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No. 1997-35,known as the Collier County Code Enforcement Citation Ordinance. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I. General Sections 1-1 through 1-100. Reserved. Page 2 of 19 Section 1-101. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance." Section 1-102.Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. Section 1-103. Purpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board,which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, all with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation Process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County,where a pending or repeated violation continues to exists. Section 1-104. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise. Code Enforcement Officer means any authorized agent or employee of the county and whose duty it is to assure code and ordinance compliance. II Commission means the Board of County Commissioners of Collier County,Florida. Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time. Notice to appear refers to a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time.If a person refuses to sign the notice to appear,the code enforcement officer has no authority to arrest such person. Order means the decision of the Enforcement Board or the Special Magistrate reduced to writing. Person means an individual,association,firm,partnership,corporation,or other legal entity. Page 3 of 19 Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate,and shall include Code Enforcement Officers. Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi-judicial or judicial process, to have violated the same provision within five years prior to the violation,notwithstanding the former and present violations occur at different locations. Public nuisance means those nuisances as identified in either F.S. § 893.138 or§ 823.05, or other statute or ordinance declaring public nuisances. Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate,as the case may be. Special Magistrate is a person authorized contracted by the Commission to hear and decide cases involving violations of the County Code of Law and Ordinances. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination - -,4 - - .. . .ho has been found to have violated any code or ordinance of Col .. -ounty,which an Enforcement Boar. • Special Magistrate has jurisdiction to enforce. Section 1-105. Rules of Procedure. 1% inconsistent with this Ordinance for bothtune,may by Resolution establish rules of procedure not H=Em-r-:. . .om time to the Enforcement Board and the Special Magistrate:( Comment tail:i don't think that the — power to make their own rules should be taken from these bodies. ARTICLE H. The Code Enforcement Board and Nuisance Abatement Board Because this sentence does not Include \' the Nuisance Abatement Board does that mean that Board still has the ability to Sections 2-1 through 2-100. Reserved. create their oamrules? Section 2-101. There shall be one or more Enforcement Boards which shall, from time to time, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County Codes or Ordinances. Section 2-102. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor,and a realtor. Section 2-103. Each member of the Enforcement Board shall be a permanent resident and elector of Collier County and shall serve without compensation. Section 2-104. Members may be reimbursed for such travel,mileage,and per diem expenses as may be authorized,in advance,by the Commission. Page 4 of 19 Section 2-105. Terms of office shall be in accordance with Ordinance No. 2001-55 or its successor ordinance. Section 2-106. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for public elected office, or becomes an employee of the County, his membership will automatically terminate. Section 2-107. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 2-108. The initial appointments to the Enforcement Board shall be as follows: (1) Two members shall be appointed for a term of one year; (2) Three members shall be appointed for a term of two years; (3) Two members shall be appointed for a term of three years; (4) One alternate member shall be appointed for a term of two years and one alternate member shall be appointed for a term of three years. (5) Thereafter,all appointments shall be made by the Commission for a term of three years. (6) In the event any member's term, including that of any alternate member's term, expires during the pendency of a case(s)which has not reached conclusion by a final vote,such member's expired term shall automatically be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by fmal vote. Section 2-109.Organization of the Enforcement Board. (1) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the Enforcement Board members who shall be regular voting members. (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) An Enforcement Board may adopt such rules and regulations as deemed necessary to carry out their duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act,subject to approval by the Commission. (5) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (6) The Commission shall appoint either the Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. Page 5 of 19 (7) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No.2001-55,as it may be amended. ARTICLE III. Special Magistrate Sections 3-1 through 3-100. Reserved. Section 3-101. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to,the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. Special Magistrates shall also have the jurisdiction to impose liens in accordance with Ordinance 2004->,the Weed,Litter and Exotics Ordinance. Section 3-102.Qualification,appointment,and removal of Special Magistrates. Appointment of a Special Magistrate shall be based on the following qualifications and terms: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (c)be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association,or a former judge,and(e)meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board,any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed,the review board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3-103.Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department;one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board.The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s)in order to recommend the removal or reappointment of said Special Magistrate(s)to the Commission. Page 6 of 19 ARTICLE IV. Procedures Governing the Enforcement Board,Nuisance Abatement Board, and the Special Magistrate Sections 4-1 through 4-100. Reserved. Section 4-101.Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the issuing officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction,the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s)as noticed.The notice shall state the time and place of the hearing,as well as the violation(s)which are alleged to exist. (4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time specified for correction by the Code Enforcement Officer, the Code Enforcement Officer may either issue a citation or schedule the case for hearing. If the Code Enforcement Officer initiates the hearing process,the case may be brought for hearing even if the violation has been corrected prior to hearing,and the notice of hearing shall so state. (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the 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 Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance.The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. (7) If the owner of property which is subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing,such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violator/transferor; c. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding;and Page 7 of 19 d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. e. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. Section 4-102.Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (1) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Section 1-102 of this Ordinance. 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 Collier County Code Enforcement Department. (2) Upon the making of more than two complaints within a six-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 hand delivery or by certified mail, return receipt requested,to the owner of the place or premises complained of at the owner's address listed in the tax collector's office of tax notices. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his/her designee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance,provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this division. The Sheriff's Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the board by certified mail,return receipt requested,to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall include: a. A statement of the time,place and nature of the hearing; b. A statement of the legal authority and jurisdiction under which the hearing is to be held; c. A reference to the particular sections of the statutes and ordinances involved;and d. A short and plain statement summarizing the nuisance,which is the subject of the complaint. Page 8 of 19 Section 4-103. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (1) Every subpoena for testimony before an Enforcement Board,Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board,Nuisance Abatement Board or Special Magistrate, respectively. 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. The Enforcement Board or Special Magistrate, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may(4-a) quash or modify the subpoena if it is unreasonable or oppressive, or(fib)condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested 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 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 Secretary of the Enforcement Board.The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in F.S. §92.142.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 of the subpoena. Section 4-104.Conduct of hearing. (1) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. (c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (d) At the hearing, the burden of proof shall be upon the Prosecutor to show by the greater weight of evidence that a violation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue. (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator. (f) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. Page 9 of 19 (g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs,regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence.The Violator may be represented by legal counsel at all hearings. (j) At the conclusion of the hearing, an oral decision (order) shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the evidence. The decision shall then be sent, via United States Mail, to the respondent in the form of a written order including findings of fact and conclusions of law based on evidence of record. (k) Should an Enforcement Board or Special Magistrate 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 Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a 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 Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection(I)(j)of this section. (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violations concerns real property,and the fmdings therein shall be binding upon the Violator and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest, or assigns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate,but shall not exceed the costs incurred. (2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriffs Office shall only be responsible for receiving and investigating complaints, sharing said investigative information with the code enforcement department,notifying the Code Enforcement Department of the need to schedule hearings, assisting the Code Enforcement Department staff in serving any notices required under this Ordinance and making available investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may be given an opportunity to present oral or written communications, in which event all parties shall be given an opportunity to cross-examine, challenge, or rebut said material. After considering all evidence,the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; Page 10 of 19 (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(b)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. The Nuisance Abatement Board or any other authorized person, may bring a complaint under F.S. § 60.05, seeking a permanent injunction against any public nuisance. Section 4-105.Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first violation continues past the date set for compliance by the Enforcement Board or Special Magistrate;or in the case of a repeat violation,may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the code enforcement board, or from the time the violation has been repeated, and a hearing shall not be necessary for the issuance of the order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed$15,000.00 per violation. (2) In determining the amount of the fine, if any,the Enforcement Board or Special Magistrate, as the case may be,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 Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250.00 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed $500.00 per day. (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of F.S. §893.138,shall not exceed$15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's order imposing a fine may be recorded 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 shall be superior to the interest on such parcel or property of any owner, lessee, tenant mortgagee or other person except the lien of county taxes, and shall be coequal with county taxes 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 three months from the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this division may be Page 11 of 19 foreclosed on real property, which is a homestead under Article X, Section 4 of the Florida Constitution. (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected 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. Section 4-106.Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorney and/or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records.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 except for enforcement purposes.After one year from the filing of any such lien,which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in F.S. § 55.03, as said statute may be amended, or replaced or superseded from time to time. No lien created pursuant to the provisions of this division may be foreclosed on real property that is homestead under Article X, Section Four of the Florida Constitution. Section 4-107. Rehearing of Enforcement Board or Special Magistrate action. (1) Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. A request for rehearing shall be made in writing and shall, in the case of Enforcement Board decisions, be filed with the secretary to the Enforcement Board,and in the case of Special Magistrate decisions,with the Office of occrotary to the Special Magistrate, within ten days of the date of receipt of the Enforcement Board's or Special Magistrate'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 ruling of law, which was fundamental to the decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate 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 and Special Magistrate to the specific reasons for which the rehearing was granted;or Page 12 of 19 (b) Modify or reverse the prior order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Enforcement Board or Special Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling. (3) The original order of the Enforcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 4-108 below, shall not commence to run until a request for 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 4-108.Appeals. (1) Any aggrieved party, including the Commission,may challenge a final administrative order of an Enforcement Board or Special Magistrate to the circuit court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be filed within 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 or Special Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 4-109.Notices. (1) All notices required by this Ordinance shall be provided by certified mail, return receipt requested,or by hand delivery by the code enforcement director, sheriff or other law enforcement officer, code official, or other person designated by the Commission or by leaving the notice at the Violator's usual place of residence 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(a) of this section, at the option of the Enforcement Board or Special Master,notice may also be served by publication,as follows: (a) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50,Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in F.S. §§50.041 and 50.051. (c) In lieu of publication as described in subsection (b)(1) of this section, such notice may be posted for at least ten days in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the front door of the courthouse.Proof of posting shall be by affidavit of the person posting the notice,which affidavit shall include a copy of the notice posted and the date and places of posting. Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under section 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 or posting, shall be sufficient to Page 13 of 19 show that the notice requirements of this division have been met, without regard to whether or not the Violator actually received such notice. (4) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to the Violator or his or her agent or other person in the household or business has accepted the notice,or where a Code Enforcement Officer,under oath testifies that he/she did hand deliver the notice to the Violator. ARTICLE V.Code Enforcement Citation Regulations Sections 5-1 through 5-100. Reserved. Section 5-101. Purpose and Authority. It is the intent of this Article to promote,protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162,Florida Statutes,Part II. Section 5-101. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. (1) Subject to the successful completion of the required training program, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: Law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of§§943.085--943.255,Florida Statutes. Section 5-102. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement :,:: - • _ =. - which shall maintain in their respective department files a written procedure as to the necessary training requirements.Topics in the training shall include,but are not limited to,the following: (1) The citation and notice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear procedures. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code officer. a. Enforcement policies. 1. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. Page 14 of 19 d. Court data. e. Practice writing citations and notices to appear. (4) Signature of code Violator and/or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public contact. a. How to handle difficult situations. b. Angry people. (6) Sworn statements. (7) Keeping files. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. c. Testimony. d. Judges. Section 5-103.Powers and duties of designated Code Enforcement Officers. (1) It shall be the duty of those persons designated in this article, who have successfully completed the required training, to issue a citation(s)or notice(s) to appear to a person(s)when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person(s)has(have)committed a civil infraction in violation of any of the following duly enacted codes or ordinances mentioned in paragraph(2), and that the county court will bear the charge(s). (2) As may otherwise be permitted by law, all Collier County codes and/or ordinances may be enforced by the procedures set forth in this article. Section 5-104.Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code/ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear,shall be deemed to constitute a separate civil infraction. Section 5-105.Citation and notice to appear procedures. (1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal Page 15 of 19 investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear and may immediately issue a citation or notice to appear if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices, if applicable, and citations/notices to appear shall be provided to the alleged Violator by certified mail, return receipt requested; by hand delivery by the code enforcement officer or the sheriff or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations/notices to appear. Said warning notice and/or citation/notice to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the alleged Violator, the code enforcement officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear,the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear;or (b) The person cited may contest the citation or notice to appear in county court before the Special Magistrate. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts Office of the Special Magistrate within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date,and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, $-500-90 the citation will be forwarded to a collection agency for-payment. the cede enforcement department, or authorized dcicgatc, shall prepare, cxccute and rccord a (7) The provisions of this section are an additional and supplemental means of enforcing county codes and/or ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law.Nothing contained in this article shall prohibit the county from enforcing its codes and/or ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this section shall not apply to enforcement, pursuant to § 553.79, Florida Statutes, and § 553.80, Florida Statutes, of the Building Codes adopted to § 553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or Page 16 of 19 has been issued by the county or a municipality. For the purpose of this subsection, "building codes"means only those codes adopted pursuant to§553.73,Florida Statutes. Section 5-106.Form of citations and notices to appear. The citation and notice to appear forms to be issued by the code enforcement officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that,in such case,judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of$500.00. Section 5-107. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes enforced pursuant to this article. (2) Schedule of violations and penalties: For uncontested violations cited under this article,the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00,second offense$255.00,and third or more offense$405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the cicrk of the circuit court Office of the Special Magistrate. (b) If a person elects to contest a citation or notice to appear before the Special Magistrate in county court and after the hearing trial before the county court,is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the Special Magistrate county court. The Special Magistrate may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments and costs of prosecution, all as provided for by law, shall be assessed by the Office of the Special Magistrate seufity-ceuFt. (4) If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, and/or fails to request a hearing and/or appear before the Special Magistrate in county court to contest the citation or notice to appear,the Violator shall be deemed to have waived the right to contest the citation or notice to appear and -• Page 17 of 19 (5) Any person who willfully refuses to sign and accept a citation issued by a designated code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §775.082 or§775.083. (6) Unless otherwise required by law all monies required to be paid for civil penalties,or as may otherwise be awarded by the Special Magistrate eeimity-eauft, pursuant to this ordinance will be distributed as follows: (a) The first$5.00 of any fine or order of the court will be retained by the Office of the Special Magistrate cle , and; (b) All other monies paid by, and collected from, violations will be remitted to the applicable Collier County Code Enforcement Department. ARTICLE VI.Affirmative Defense Sections 6-1 through 6-100. Reserved. Section 6-101. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Master action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April 1, 1997, and the person charged with the infraction demonstrates by a preponderance of the evidence that the work which was alleged to have been completed without a permit being duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County,the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: Inclusion in the code of laws and ordinances. The provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word"ordinance"may be changed to "section", "article", or other appropriate word. SECTION FIVE: Effective Date. Page 18 of 19 This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,Florida this day of ,2007. ATTEST BOARD OF COUNTY COMMISSIONERS Dwight E.Brock,Clerk OF COLLIER COUNTY,FLORIDA By: By: ,Deputy Clerk ,Chairman Approved as to form and legal sufficiency: Jeffrey A.Klatzkow Managing Assistant County Attorney Page 19 of 19