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Ordinance 2002-05 ORDINANCE NO. 2002~ 0..~ AN ORDINANCE AMENDING THE CODE OF LAWS AN~,~ ~ 6b.~,~ ORDINANCES OF COLLIER COUNTY, FLORIDA, AMENDING~ CHAPTER 22, BUILDINGS AND BUILDING REGULATION, ARTICLE VII, HOUSING CODE FOR THE UNICORPORATED AREA OF COLLIER COUNTY, AS PROMULGATED BY ORDINANCE 89-6, AS AMENDED, AMENDING SECTION 22-263, COMPLIANCE WITH HOUSING STANDARDS, TO IN~CRI~.~ASE~ MINIMUM REQUIRED SPACE FOR DWELLINGS, ~D~ REQUIRING SMOKE DETECTORS, AND ADDING SECTIC~2--~ 265, ESTABLISHING PENALTIES; PROVIDING FOR ~ ~IE ~ INCLUSION IN THE CODE OF LAWS AND ORDINAI~']~S;~-o PROVIDING FOR PENALTIES; PROVIDING FOR LIB]~L_o CONSTRUCTION, PROVIDING FOR CONFLICT ~D TM SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. ~.~ .~. WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects that increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwellings and dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in large measure from improper maintenance, inadequate sanitary facilities, overcrowded conditions in residential occupancies, buildings and premises, and from general neighborhood neglect; and WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards, resulting in the upgrading of living conditions and an overall enhancement of the general health, safety, and welfare of all residents and property owners of the community; and WHEREAS, such conditions can be further improved by periodic review and amendment of such regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The following sections Chapter 22 of Article VII, of the Code of Laws and Ordinances of Collier County, Florida, are amended as follows: Sec.22-263. Compliance with housing standards. to. ~_uc. ther fc.r c. ccupancy any All dwelling~ or dwelling units whether occupied or Page 1 of 3 Words sm~ek-fl~ough are deleted, words underlined are added unoccupied, V:F.:lC~ dC, eS ne: shall comply with the requirements of this Section as hereinafter set forth: (1) Sanitary facilities required. (13) REQUIRED SPACE, DWELLINGS - Every dwelling or dwelling unit shall comply with the minimum space footage requirements of the ..... ~,~_:_~ t~..~: ......... ..... L~nd Development Code and shall contain at least ! 50 200 square feet of floor space for the first occupant and at lease !~0 150 additional square feet of floor area per additional occupant. No habitable room other than a kitchen shall have an area of less that 70 100 square feet as prescribed in the Building Code. (17) Smoke detectors: All residential dwelling units shall be equipped with smoke detectors to meet the minimum fire code requirements. If the structure was built without wired detectors battery operated smoke detectors are recommended for installation. $~¢.22-265. Penalties, If any person, firm or corporation, whether public or private, or other entity_ fails or refuses tO obey or comply with or violates an_v of the provisions of this Ordinance. such person, firm. corporation or other entity, upon conviction of such offense, shall be _guilty_ of a misdemeanor and shall bo punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty_ (60) da_vs in the Coun _ty_iail. or both. at the discretion of the Court. Each violation or non-compliance shall be considered a separate and distinct offense and for each day said violation continues or non-compliance OCcurs this also will constitute a separate offense. Nothing herein contained shall prevent or restrict the county_ from taking such other lawful action in ~ny court of competent jurisdiction as is necessary_ to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief Or an action at law for damages. Further. nothing in this section shall be construed to prohibit the county from prosecuting any violation of this Ordinance by means of a code enforcement board established pursuant to the authority of Chapter 162. Florida Statutes, Page 2 of 3 Words s~mek4hro~ are deleted, words underlined are added All remedies and penalties provided for in this section shall be cumulative and independently available to the county_ and the county_ shall be authorized to pursue an_v and all remedies set forth in this section to the fidl extent allowed by law. SECTION TWO: 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 re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: Liberal construction. This Ordinance shall be liberally construed to effectuate its public purpose. SEC~ON FOUR: Conflict and severance. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or Unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: Effective date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~, c~ day of .~~~.~ .2002 ~-~a.~ :: ,'~;~,: ;.~: BO~ OF CO~Y C~SSIO~RS ....... ' 'L" · · ~~ E~r~~ Clerk COLL ~ ",~U,,,~pu~ Clerk lt~gt il ~t~ James N% Co1 sfg~at~r~ #1j,. ~~~/ar)d legal~ sufficiency: Patrick G. White Assistant County Attorney Page 3 of 3 This ordinance flied with the ec~arY of .Sflote's Office the y~ and acknowledgemd'nt af that filin.~ ?ceived this o2l r~ day Words "'-'"u +~ .....u ........... ~,.. are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do certify that the foregoing is a true and correct copy Ordinance 2002-05 ~'-~ C, Which was adopted by the Board of County Commissi, s n the 12th day of February, 2002, during Re~'ular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of February, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners By. v Deputy Cle~!