Ordinance 2000-062ORDINANCE NO. 2000- 62
AN ORDINANCE AMENDING ORDINANCE 97-
35, SECTION SEVEN, POWERS AND DUTIES OF
DESIGNATED CODE ENFORCEMENT
OFFICERS; AMENDING SECTION NINE,
CITATION AND NOTICE TO APPEAR
PROCEDURES; AND AMENDING SECTION
ELEVEN, ESTABLISHING A SCHEDULE OF
VIOLATIONS, OPTIONS, PENALTIES,
REGARDING CITATIONS AND NOTICES TO
APPEAR, SPECIFYING THE AMOUNT OF
PENALTIES FOR UNCONTESTED VIOLATIONS
AND HOW MONIES FROM PENALTIES ARE TO
BE DISTRIBUTED; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
be distributed.
NOW, THEREFORE, BE IT ORDAINED BY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties
to exercise broad home rule powers; and
WHEREAS, the Board of County Commissioners recognizes the need for Code Enforcement
Officers to have the ability to enforce all Collier County Codes by the procedures set forth in this
ordinance pursuant to the authority vested by Chapter 125, Florida Statutes, and Chapter 162, Part II,
Florida Statutes; and
WHEREAS, on August 5, 1997, the Board of County Commissioners of Collier~nt~opted
Ordinance No. 97-35, known and cited as the "Collier County Citation Ordinance;" and '~ -~ ~ c:> i
WHEREAS, the Board of County Commissioners recognizes the need to ame~: the ~C~. tatiGn"
Ordinance to further designate the penalties to be paid and how the payment of penalties '~an'd fee?are td
THE BOARD OF COUNTY
SECTION ONE: Amendment to Section Seven, Powers and Duties of Designated Code
Enforcement Officers, of Collier County Ordinance 97-35.
Section Seven of Ordinance 97-35 is amended to read as follows, where struck-through text is
deleted, and underlined text is added:
2. ,r~.~ ,~,~...:-~ As may otherwise be permitted by law, all Collier County codes and/or
ordinances may be enforced by the procedures set forth in this Ordinance.%
.............. g ....... 4.5.
1
Words underlined are added; words s,ru~.~ ,..r~ug., are deleted.
SECTION TWO: Amendment to Section Nine, Citation and Notice to Appear Procedures, of
Collier County Ordinance No. 97-35.
Section Nine of Ordinance 97-35 is amended to read as follows, where struck-through text is
deleted, and underlined text is added:
6. In the event a civil judgment is entered against a person pursuant to the provisions of this
ordinance, the county may record a certified copy of said judgment in the Official records of Collier
County. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk of
courts shall notify the Collier County Code Enforcement Department when the judgment has been paid.
Upon receipt of written verification of payment from the clerk of courts, the head of the Code
Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of
judgment ........t-.~r ....ar.~ re. cc. rde.~ in the Official Records of Collier County.
7. The provisions of this section are an additional and supplera~ntal means of enforcing county
codes and/or ordinances and may be used for the enforcement of troy al_J applicable county code_s or ordinances
.... ~: ..............as may be permitted by law. Nothing contained in this ordinance shall prohibit the county
from enforcing its codes and/or ordinances by any other civil, administrative and/or criminal means.
SECTION THREE: Amendment to Section Eleven, Establishing A Schedule Of Violations, Options
And Penalties, Regarding Citations And Notices To Appear, of ColHer County Ordinance 9?-35.
Section Eleven of Ordinance 97-35 is amended to read as follows, where struck-through text is
deleted, and underlined text is added:
2. Schedule of violations and penalties: For uncontested violations cited under this ordinance,
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-S405.00.
e.~ '~.~. , ¢,nn on $25000
c-~ 2.6.7.3 ~ $250~
Co~
e~- 2672 ~ $250~
~zhibitz~ Uazz
.~ . e,~ ~ $250.~
2
Words underlined are added; words .............t,h are deleted.
P,~.."m!t
Orc! ......... ~ ......
3. The following options are available to a person who has been issued a citation or notice to
appear in accordance with this ordinance:
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 ordinance, within thirty (30) days from issuance of the
citation or notice to appear to the clerk of the circuit court.
b. If a person elects to contest a citation or notice to appear in county court and, after
trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed five
hundred five ($500.00) dollars shall be imposed by the county court. The county judge 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 county court.
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 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
judgment shall be entered ~against the person for-- in an amount up to the maximum civil penalty,-ia
tke amc, u.~t of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for
uncontested violations.
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 §
775.082 or § 775.083, Florida Statutes.
6. Unless otherwise required by law all monies required to be paid for civil penalties, or as may
otherwise be awarded by the county court, 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 clerk of courts,
and;
3
Words underlined are added; words .............~,.. are deleted.
b. All other monies paid by, and collected from, violations will be remitted to the applicable
Collier County Code Enforcement Department.
SECTION FOUR: Conflict And Severability.
The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes
in the interest of public health, safety, welfare and convenience. If any Section, phrase, sentence or
portion of this Ordinance is for any mason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion.
SECTION FIVE: 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 any other
appropriate word.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon filing this Ordinance with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this / q' day of t'..~~ .2000.
ATTEST'. : ~/,,
DWIGHT E. BROCK, CLERK
Approved as to form and legal sufficiency:
Patrick G. White,
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
CHAIRMAN
4
Words underlined are added; words sift:ok thrm:gk are deleted.
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 fore9oin9 is a true copy of:
ORDINiS~NCE NO. 2000-62
Which was adopted by the Board of County Commissioners on
the 10th day of October, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th day
of October, 2000.
DWIGHT E.
Clerk of Courts and d~rk
Ex-officio to Board 6f -'9
County Comml ss lor~ers ~v~ ~.-
TDeputy Clerk ~' II~','l'