Ordinance 2013-490
FILED #43
-T'
7`I "4TY, FLORIDA COLLIER COUNTY
2013 JUL 23 dF1C9O j p LIDATED CODE ENFORCEMENT ORDINANCE
CLERK OF COURTS I ORDINANCE NO. 2013 - 49
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
BY LI- ER- 06UNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44,
AS AMENDED, KNOWN AS THE CONSOLIDATED CODE
ENFORCEMENT ORDINANCE, BY MODIFYING ARTICLE IV, SECTION
5, AS IT RELATES TO THE SUPERIORITY OF A LIEN ON PROPERTY
IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR
SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND 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, sElong as
any powers exercised are not inconsistent with general or special laws; and _ 4 C,
WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a cogfity_. mg adop'f
ordinances and resolutions necessary for the exercise of its powers and pres&fbe fins arid;
penalties for the violation of ordinances in accordance with law; and �`' :'
CD
WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recoa0e 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 (Board) duly
enacted Collier County Ordinance No. 2007 -44, known as "The Collier County Consolidated
Code Enforcement Ordinance, which superseded and repealed prior ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2007 -44 through its
adoption of Ordinance No. 2010 -04; and
Words Underlined are added; Words &mek ThFettgh are deleted.
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WHEREAS, in light of the May 16, 2013 decision of the Supreme Court of Florida, it is
necessary to modify Ordinance No. 2007 -44, as amended, as it relates to the superiority of a lien
on property imposed by an order of the Code Enforcement Board or the Special Magistrate.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO ARTICLE IV, SECTION 5 OF ORDINANCE NO.
2007 -44, AS AMENDED.
Article IV, Section 5 is hereby amended to read as follows:
ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement Board,
and the Special Magistrate
Section 5. 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
Words Underlined are added; Words &rtt& T-hteugJ4 are deleted.
Page 2 of 4
property owner of a second stolen property conviction of the tenant. The total fines imposed
pursuant to the authority of § 893.138, Florida Statutes, 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 except as otherwise provided by law, including mortgages recorded prior in time and the lien
of county taxes, shall be superior to the interest on such parcel or property of any owner, lessee,
tenant, after- recorded mortgagee, or other person emeept the lien e f e^" tffixes, 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 Section may be
foreclosed on real property that 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 effected by the commencement of the action shall not be good against creditors or subsequent
purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
SECTION TWO: 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 THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or
other appropriate word.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
Words Underlined are added; Words StfuraThFough are deleted.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thisOMN day of �y�� , 2013.
ATTEST' g ^,sad' .
DWI�VE-. Rdel ;`'+clerk
By:
Attest aS1?*ct
De
h4rniWW c
signature on1 j. a
Appro jp j j rm and legality:
Jeffrey
County
BOARD OF COUNTY COMMISSIONERS
COLLIER COVNTY FLORIDA
By:
GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
This ordirU . _ a
t ry of ' , e is "" `ZOL
Se
�ay of,�
and acknowledgemeAL2gL,that
of day
Words Underlined are added; Words Stmek T-11Feegh are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2013 -49
which was adopted by the Board of County Commissioners
on the 9th day of July, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of July, 2013.
DWIGHT E. BROCK
Clerk of Courts arid; CE.e. k
Ex- officio to Bcra`rd• o'f•-- "•'y,,
J _• l
County Commissi-)onef^d'.
J �e-
a`
By: Martha Ve g,--
Deputy Cler