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Ordinance 2004-46 b,fó67 8 9101 ....'V~ . 1~~ !__ / nMl $ , r - ~U\. ØN't ~ ORDINANCE NO. 04- 46 "l\1Ntß A3 RDlNANCE TO BE KNOWN AS THE COLLIER COUNTY" ~ \\ ~ -,CIAL MASTER ORDINANCE; SETTING FORTH THE_ ~.9è'C' 'Lc NDINGS AND PURPOSE; PROVIDING FOR TITLE AND" ~c:.!'.~_~_~/ CITATION; PROVIDING FOR APPLICABILITY; PROVIDING _._~. ~: DEFINITIONS; ESTABLISHING THE QUALIFICATIONS, ~r:i C-' APPOINTMENT AND REMOV AL OF SPECIAL MASTER; EST ABLSHING A SPECIAL MASTER REVIEW BOARD; SETTING FORTH THE POWERS AND DUTIES OF THE SPECIAL MASTER; PROVIDING AN ENFORCEMENT PROCEDURE; PROVIDING FOR SUBPOENA PROCEDURES; PROVIDING FOR CONDUCT OF HEARING; ESTABLISHING PENALITIES; PROVIDING FOR REHEARING OF SPECIAL MASTER ACTION; PROVIDING FOR APPEALS; PROVIDING FOR NOTICES; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LA WS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. , " ~¡ ;',) ,-'"I ........,-."1 WHEREAS, Article VIII of the Constitution of the State 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 carryon county government and that said power includes but is not limited to, a number of powers set forth in Section 125.0 I, so long as any powers exercised are not inconsistent with general or special law; 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, Section 125.01 (3)(a) and (b), Florida Statutes, recognizes 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, Section 162.03, Florida Statutes, authorizes the creation of an alternate code enforcement system which gives special master(s) the authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of ColJier County; and WHEREAS, Section 162.09, Florida Statutes, provides a county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special masters, or both, authority to impose fines in excess of the limits set forth in 162.09(2)(a); and WHEREAS, Section 162.13, Florida Statutes, provides that it is the legislative intent of Sections 162.01-162.12, Florida Statutes, to provide an addÜional or supplemental means of obtaining compliance with local codes and that nothing contained in those sections shall prohibit a local governing body from enforcing its codes by any other means; and WHEREAS, Chapter 162 does not limit a county's additional or supplemental enforcement system to the exact system set forth in Pal1s I and II of Chapter 162; and 1 WHEREAS, Chapter 162 does not preclude a county from combining any features of Part I and II of Chapter 162; and WHEREAS, the Board of County Commissioners of Collier County, Florida has determined that it is the best interest of the citizens of Collier County to create and appoint Special Master(s) as additional means of enforcement; and WHEREAS, Section 162.08 (5), Florida Statutes, provides the special master shall have the power to issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; and WHEREAS, the Board of County Commissioners of Collier County, Florida believes it is in the best interests of the citizens of Collier County that an alternate system of enforcement be established which does not conform to the strict requirements of Chapter 162, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: Findings and Purpose. 1. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards Act", authorizes a County to establish local code enforcement Special Masters. 2. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare of the citizens of Collier County by authorizing the creation of an alternative code enforcement system which gives special masters the authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist, including, but not limited to housing, occupational1icenses, development standards, zoning, sign and noise codes. 3. It is in the best interests of the citizens of Collier County to create a code enforcement Special Master process as an additional means for the enforcement of its codes and ordinances. SECTION TWO: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Special Master Ordinance" SECTION THREE: 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 said municipality to have this Ordinance apply and be enforced in the municipality. SECTION FOUR: Definitions The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. Code Enforcement Investigator means any authorized agent or employee of the County and whose duty it is to assure code and ordinance compliance and who have successfully completed the required training as identified in the Training Plans for either the Collier County Code Enforcement Department or the Collier County Utility Billing and Customer Services Department, where applicable. 2. Commission means the Board of County Commissioners who is the local governing body in and for Collier County, Florida. 2 3. County Attorney means the legal counsel to the Board of County Commissioners of Collier County, Florida. 4. Issuing Officer means any authorized agent or employee of Collier County whose duty it is to assure code and ordinance compliance and who is responsible for the enforcement or implementation of codes and ordinances of Collier County. 5. Order means the decision of the Special Master reduced to writing. 6. Person means an individual, association, firm, partnership, corporation, or other legal entity. 7. Prosecutor means the County Attorney, an Assistant County Attorney, or any member of the County staff who presents cases before a Special Master. 8. Repeat violation shall mean a violation of a provision of the a code or ordinance by a person who has been previously found through an enforcement board, special master, or any other quasi-judicial or judicial process, to have violated the same provision within five (5) years prior to the violation, notwithstanding the violation(s) occurring at different locations. 9. Secretary or Secretary to the Special Master means the administrative staff person in the Code Enforcement Department responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Special Master. 10. Special Master is a person who meets the minimum qualifications set forth in Section Five of this Ordinance. The Special Master shall be authorized to hear and decide cases involving violations of County Code of Law and Ordinances. 11. Violator means a person or entity legally responsible for the violation (the property owner, tenant, or business entity on the premises, or any combination thereof). SECTION FIVE: Qualification, Appointment, and Removal of Special Masters I. Appointment of a Special Master shall be based on the following qualifications and terms: A. The Commission shall appoint as many Special Masters as deemed necessary. B. Special Masters shall at minimum, (1) be a graduate of a law school accredited by the American Bar Association, (2) demonstrate knowledge of administrative law, land use law and local government regulations and procedures, (3) be a member in good standing with the Florida Bar, and (4) 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 (5) meet other such qualifications that may be established by resolution of the Commission. C. Special Master appointment shall be for a two (2) year term. Upon recommendation of the Review Board, any Special Master 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 Master; provided a determination for removal or reappointment is made for each individual Special Master at the end of each two-year term. The Commission shall have authority to remove a Special Master with or without cause upon ten (10) days written notice. D. If any Special Master resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Master should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within thirty (30) days SECTION SIX: Establishment of a Special Master Review Board The Commission shall create a Special Master Review Board, comprised of two (2) members of the Code Enforcement Department; one (1) member from the Office of the Collier County Attorney; and two (2) sitting members of the Code Enforcement Board. The duty of the review 3 board shall be to recommend appointment for the Special Master(s) and review, on an annual basis, the performance of the Special Master(s) in order to recommend the removal or reappointment of said Special Mater(s) to the Commission. SECTION SEVEN: Powers and Duties 1. The Special Master shall have the jurisdiction and authority to do the following: A. Adopt rules and regulations for the conduct of hearings; B. Subpoena Violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; C. Subpoena evidence to its hearings including, but not limited to, records, ,surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person; D. Take testimony under oath; E. Hold hearings on contested citations issued by but not limited to, the Collier County Sheriff's office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Department for violation of local codes and ordinances. F. Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; G. Assess costs and civil penalties and order the payment of such costs and penalties, as provided in this Ordinance; H. Recover unpaid civil penalties; foreclosure; prohibit the issuance of permits, licenses, certificates of use and occupancy, or zoning approvals to violators with unpaid civil penalties or liens. SECTION EIGHT: Enforcement Procedures before the Special Master I. Matters brought to a Special Master shall be scheduled consistent with the following procedures: A. Those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County or Citizens may file alleged violations of any code or ordinance with the Code Enforcement Department. B. If the violation is corrected and then repeated, the Issuing Officer may either issue a Citation or schedule the case for hearing. If the Issuing 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. C. If the Issuing 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 Issuing Officer shall make a reasonable effort to notify the violator and may immediately notify the Special Master and request a hearing. D. If the owner of property which is subject to an enforcement proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: (1) Disclose, in writing, the existence and the nature of the proceeding to the prospecti ve transferee; (2) Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the transferor; (3) 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 code enforcement proceeding; 4 (4) 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 (5) days after the date of the transfer; (5) 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 NINE: Subpoena Procedures. 1. Every subpoena for testimony before the Special Master shall be issued by the Secretary to the Special Master. Each subpoena shall state 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 Special Master, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the 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 eighteen (18) years of age. Proof of such service shall be made by affidavit of the person making service. Proof of service shall be fi led with the secretary of the Special Master. Payment of any service fee shall be made by the party at whose request the service is made. SECTION TEN: Conduct of Hearing Before the Special Master. 1. Hearings relating to violations of local codes and ordinances shall be conducted in the following manner. A. Upon request of the Issuing Officer, or at such times as may be necessary, a hearing before the Special Master 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 Special Master 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, 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 Issuing Officer to show by the greater weight of evidence that a violation(s) does exist and that the Violator committed, or is legally responsible for måintaining or allowing the violation to continue. E. Where notice of the hearing has been provided to the Violator as required by this Ordinance, 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 or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified court reporter. G. All relevant evidence shall be admitted if, in the opinion of the Specîal Master, it is the type of evidence upon which reasonable and responsible persons would normally 5 rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule that 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 reduced to writing in the form of an Order based on evidence entered into the record. The Order shall then be sent to the respondent by regular U.S mail. K. Should a Special Master 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 Special Master may withhold issuing its decision until a subsequent meeting. In such case, further discussion of the pending matter and all deliberations relating thereto shall occur at a public meeting of the Special Master. The Special Master shall thereafter issue its Order pursuant to Subsection J. of this Section. L. A copy of such certified Order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns is the violation may concern real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. M. If Collier County prevails in prosecuting a case before the Special Master, it shall be entitled to recover all costs incurred in prosecuting the case before the Special Master. Whether and to what extent such costs are imposed shall be within the discretion of the Special Master but shall not exceed the cost incurred for investigation, enforcement, testing and monitoring, 2. Hearings related to Civil Citations issued for violations to Local Codes and Ordinances and Domestic Animal laws and regulations shall be conducted in the following manner by the Special Master(s). A. If a violation(s) of a code or ordinance is believed to exist the Issuing Officer shall issue a Citation to the Violator and specify a reasonable time to con'ect the violation(s), if applicable. B. Prior to issuing a citation, a Code Enforcement Investigator shall provide notice to the person that 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, upon personal investigation, it is determined that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation to the person who has committed the violation. A Code Enforcement Investigator does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the Code Enforcement Investigator 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. If the violation(s) is not corrected within the specified time, the Issuing Officer may issue a Citation with a civil penalty for the uncorrected violation(s). C. Within 20 calendar days from service of the Citation or before the deadline for abatement, whichever is sooner, the Violator may request an administrative hearing before the Special Master. The filing of an administrative hearing request will stay the Citation and the issuance of additional citations. D. Upon receipt of a Violator's timely request for an administrative hearing, the Secretary to the Special Master shall set the matter for hearing on the next available regularly scheduled date or as soon thereafter as possible. 6 E. Notice of said hearing may be provided to the violator at the time of his/her request for an administrative hearing or may be sent by first class mail to the named violator at his last known address. The notice of hearing shall include, but not be limited to, the following: 1) Name of the Issuing Officer who issued the notice; 2) Factual description of alleged violation; 3) Date of alleged violation; 4) Section of the code or ordinance allegedly violated; 5) Place, date and time of the hearing; 6) Right of violator to be represented by a lawyer; 7) Right of violator to present witnesses and evidence; 8) Notice that failure of violator to attend hearing may result in civil penalty being assessed against him/her; 9) Notice that requests for continuances will not be considered if not received by the Secretary to the Special Master at least ten (10) calendar days prior to the date set for hearing. F. The fact-finding determination of the Special Master shall be limited to whether the violation alleged did occur and, if so, whether the person named in the Notice of Violation and/or Citation can be held responsible for that violation. Based upon this fact- finding determination, the Special Master shall either affirm or reverse the decision of the Issuing Officer as to the responsibility of the named violator for the Code violation. If the Special Master reverses the decision of the Issuing Officer and finds the named violator not responsible for the violation alleged in the citation, the named violator shall not be liable for the payment of any civil penalty or prosecution costs. G. If the decision of the Issuing Officer is affirmed by the Special Master, then the named violator shall pay the reasonable administrative costs of the hearing not to exceed Five Hundred Dollars ($500.00). The Special Master may also impose fines for the period of time the violation was found to exist and, if applicable, require the violation to be abated within a stated time period or additional per diem fines will accrue until the violation is abated. The Special Master shall reduce the decision to writing in standard format as prescribed herein. H. Orders shall be reduced to writing and contain the following: 1. Violator name and address; 2. Factual description of alleged violation; 3. Date of alleged violation; 4. Section of the code or ordinance allegedly violated; 5. Finding of Pact by the Special Master; 6. Any corrective action required and a date for compliance; 7. Right of Violator to contest the Order in County Court; 8. Notice that failure of Violator to pay the civil penalty may result in a lien being assessed against the violator; I. All costs shall be paid within thirty (30) calendar days of the date of the hearing unless an alternate timeframe is established by the Special Master in an Order. J. The Violator's failure to abate the violation, pay the fine, and/or to timely request a hearing before the Special Master will result in an admission of guilt. The Code Enforcement Department shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s) and/or unpaid fines. The Notice shall be in similar form to that described in subsection E of this section and state the time and place of the hearing, as well as the violation(s) which are alleged to exist and/or the accruing fine amount, if applicable. The Special Master's findings shall be reduced to writing and recorded in the Official Records. 7 SECTION ELEVEN: Penalties before the Special Master 1. A Special Master, upon notification by the Secretary that a previous Order for a first violation has not been complied with by the specified time, may order the violator to pay a fine which shall not exceed one thousand dollars ($1,000) per day per violation 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 five thousand dollars ($5,000) per day per violation for each day the violation continues past the date set for compliance, or from the time the repeat violation is found to have occurred by the Code Enforcement Investigator, and a hearing shall not be necessary for the issuance of the order finding a repeat violation. If the Special Master finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000.00) per violation. 2. In determining the amount of the fine, if any, a Special Master 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. A certified copy of an 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 it 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. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. No lien created pursuant to this Ordinance may be foreclosed on real property, which is a homestead under Section 4, Article X of the Florida Constitution. 4. 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. 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 TWELVE: Rehearing of Special Master Action. 1. Either the Prosecutor or the Violator may request a rehearing of the decision of a Special Master. A request for rehearing shall be made in writing and shall be filed with the Secretary to the Special Master within ten (10) days of the date of receipt of the Special Master'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 Special Master. The written request for rehearing shall specify the precise reasons for a rehearing. 2. 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 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 Special Master to the specific reasons for which the rehearing was granted; or B. Modify or reverse its prior order, without receiving further evidence, providing that the change is based on a finding that the prior decision resulted from a ruling on a question of law which the Special Master has been informed was an erroneous ruling. 3. An Order finding a violation shall be stayed and the time for filing an appeal, pursuant to 8 Section 13 of this Ordinance, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been mailed to 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 THIRTEEN: Appeals. 1. Any aggrieved party, including the Commission, may appeal a final administrative order of a Special Master to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. Any appeal shall be filed within thirty (30) days of the execution of the order to be appealed. 2. In the event that a party to the proceedings before the Special Master should- elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of each party to the proceedings to ensure that a record is made which includes the testimony upon which an appeal may be taken. Neither, Collier County or the Special Master shall have any responsibility to provide a verbatim transcript of the proceedings. 3. For appeals of a decision made by the Special Master on Citations issued for recurring or unabated offenses, the Respondent may appeal that decision to the Circuit Court within thirty (30) days of the execution of the order to be appealed. The Respondent must advise the Secretary of the Special Master of the intensions to appeal within 20 days of the execution of the order to be appealed. SECTION FOURTEEN: Notices. 1. All notices required by this Ordinance shall be provided by first class mail, or by hand delivery by the Code Enforcement Investigator, sheriff or other law enforcement officer, or other person designated by the Commission or by leaving the notice at the violator's usual place of residence, with any person residing therein who is above 15 years of age and informing such person of the contents of the notice. 2. In addition to providing notice set forth in subsection 1 of the Section, notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, 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, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. 3. 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 its posting. 4. 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 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 its posting and shall be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether or not the Violator actually received such notice. 5. Proper notice may be assumed when a notice of violation, citation and/or notice of hearing has been mailed to the Violator, his/her agent, or other person in the household or business has accepted the notice, or where the Issuing Officer, under oath testifies he/she did hand delivered the notice to the Violator. SECTION FIFTEEN: Supplemental Provision. It is the intent of this Ordinance to provide additional or supplemental means of obtaining compliance with local codes and ordinances. Nothing contained under this Ordinance shall prohibit the County from enforcing its codes by any appropriate civil action, or by referral to the State Attorney's Office for prosecution in the case of a criminal violation, and/or by presentation 9 to any other County board or agency with jurisdiction to hear and act upon the alleged code or ordinance violation. SECTION SIXTEEN: Conflict and Severability. 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 this 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 EIGHTEEN: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION NINETEEN: Effective Date. 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 ZZrJ day of IU(\(¿" , 2004. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA "." ,_.\\ It ~',.j."j},¡: , ".:-,,' '" 'II· ,,\\;V I..- '."^!/{' .'i, <'~> ',.......~,:.?..rr", By: '/Y1L1)ilJ.·dl.r . ~: 0 Jf t?P~f"\ ,~.. A,a..¡....· ," .~c~< ...: ''''1ooW1 - ..' ~.,~~ . :. + '. ~~ ..' ' roo..!. 1 ....- '.... "\'1"- '·:i~·_·. ~ S gn'"'~'-'la.;.' ,~.<.~,.. :~' . ~. '¿~:':.::i,··?~~j~~S).lZ.~Y Approved- ~~?!'9:fdP.!1J1.~{'- legal sufficien~ý:V¿:J}m~:",", '"""",,1'" By: Jennifer A. Bel e Assistant County torney This ordinance filed with the Secretary of State's Office the ~day of :JUYJ£' , QlroAý and acknowledgement of that tiling received this !1::!!l- doy of '~~d~~ Ütru.Ti/j'-f£. Depu1y Cieri<. 10 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 2004-46 Which was adopted by the Board of County Commissioners on the 22nd day of June 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of June, 2004. DWIGHT E. BROCK Clerk of Courts ca~ti:~Çlerk Ex-officio to góâi-ä"o:6 ::>. ." ,'-.. . ,',-"0.;, ~, ,"... '" '," County Commis~i-on~erå-~,;,;\\T" ~". ~ A;.~~{ :.t~~,;. '\':'~~.~'~<,,:~,~ 1 '. '.~" "" "[)'" ì ~ .; , - -!. /':¡ ~ '. ~.~, 'I - . - 'I:" ' i "--.).,.." ','~. . ',J ¡'~';' -y-' By: Linda A .·1,11:h.i3;,z~:::,~<..·~, l'·J...·'··~';j-~· ¡','f>~~:' Deputy C e.t:k,'/fHH!nl~\\\"