Agenda 06/14/2011 Item #16A10
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6/14/2011 Item 16.A.1 O.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners endorse changes to the Code
Enforcement Board's Rules and Regulations and Special Magistrate's Rules and
Regulations
OBJECTIVE: To obtain the Board of County Commissioner's (BCC) endorsement of the
revised Code Enforcement Board and Special Magistrate Rules and Regulations on an annual
basis as requested from the BCC.
CONSIDERATIONS: The Collier County Code Enforcement Board was established in 1992
as an alternate means of enforcing violations to local codes and ordinances. The Collier County
Code Enforcement Board has established a set of Rules and Regulations and has conducted its
annual review of these Rules on March 24, 2011, in a joint workshop with the Special
Magistrate. The changes made to the current Code Enforcement Board Rules and Regulations
were requested and approved by the Code Enforcement Board members and the Special
Magistrate and are as follows:
1. Article V, Board Section 2, has one addition and will state "Regular meetings of the Code
Enforcement Board shall be held on the fourth Thursday, andlor at other times as needed,
and detennined by the Board, in the Collier County Commission Chambers or other
public venue as available.
2. Article VI, Order of Business, number 4, letter E is requested to be before letter D in the
Order of Business. Also, number 7, letter A, Motion for Imposition ofFines/Liens is to
be removed and letter B would now become letter A.
3. Alticle VIII, Prehearing Procedures, Section 1, a deletion has been made and will state
~'The alleged violator and Code Enforcement Investigator are encouraged to ha.ve a
prehearing conference prior to scheduled hearing."
4. Article IX, Hearings, letter (a), will state, "In a non-contested case the only evidence
heard shall be the statement of the violation and any stipulated agreement, unless
additional inforn1ation is requested by the Board." Also, letter (e) will have an addition
which ~~II state "The individual must also testify at the hearing, under oath, that they
represent the Respondent and state the nature of their representation."
5. Article X, Reduction or Abatement of Fines Prior to Imposition of Fine, Section 1, an
addition will be made as the following "A Motion for Reduction/Abatement of Fines may
be made after a violation has been abated and all operational costs and County Abatement
costs have been paid, or in the event...." Also in the Article X, Section 5 will be removed
and subsequently, Sections 6 and 7 will be re-numbered to Sections 5 and 6.
A strike through and underlined version of the Code Enforcement Board's rules are attached to
this executive summary for the Board's comparison.
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6/14/2011 Item 16.A.10.
In addition, the Special Magistrate has made a change to the current Rules and Regulations and
is as follows:
1. Article III, "Meeting Requirements", Section 1, will state "Regular meetings of the
Special Magistrate shall be held at least once monthly, and as required, in the Collier
County Commission Chambers, andlor at other times and places as needed, and
determined by the Special Magistrate."
A strike through and underlined version of the Special Magistrate's rules are attached to this
executive summary for the Board's comparison.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
legally sufficient, and requires majority support for approval. -JAK
GROWTH.MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners endorses the changes
proposed to the Code Enforcement Board and Special Magistrate Rules and Regulations, which
has been executed by each Code Board member via signature and the Special Magistrate via
signature.
PREPARED BY: Jennifer Baker, Enforcement Supervisor, Code Enforcement Department,
Gwwth Management Division, Planning and Regulation.
Attachments: 1. Code Enforcement Rules & Regulations Strikethrough version
2. Special Magistrate Rules & Regulations Strikethrough version
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6/14/2011 Item 16.A.1 O.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.10.
Item Summary: Recommendation that the Board of County Commissioners endorse
changes to the Code Enforcement Board's Rules and Regulations and Special Magistrate's Rules
and Regulations.
Meeting Date: 6/14/2011
Prepared By
Name: BakerJennifer
Title: VALUE MlSSING
5/1212011 3:]9:47 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, CDES
Date: 5112/20114:]9:36PM
Name: FlaggDiane
Title: Director - Code Enforcement,Code Enforcement
Date: 5/13/2011 7:24:2] PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 5116/201] 5:13:32 PM
Name: FederNonnan
Title: Administrator - Growth Management Div,Transportati
Date: 5117/2011 2:58:28 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/25/20] 1 2:04:57 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/612011 9:29:33 AM
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6/14/2011 Item 16.A.1 O.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/6/20]] 9:54:16 AM
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6/14/2011 Item 16.A.10.
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 wluch are set forth in all ordinances of
Collier County, Florida.
ARTICLE ill
Officers and Their Duties
Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall
be pennanent 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 nonnally 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 ofthe 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
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the annual organization meeting in March of each year, and the election shall be held .
immedi~tely thereafter.
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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
immedi~tely 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
~ection 1. The Code Enforcement Board shall consist of seven (7) members and two
(2) altetnates. An alternate shall be designated to fill any regular member vacancy at any
meetin~ with full voting rights.
Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board
shall be held on the fourth Thursday, and/or at other times as needed, and determined by the
Board, ~n the Collier County COlmnission Chambers or other public venue as available. The
chamb~rs will be open to the public at 8:30 A.M. The board may begin the public portion of the .
meeting at 9:00 A.M.
Section 3. Special Meetings. Special meetings of the Board may be convened by the
Chair u~on giving notice thereof to each other member of the Board or by written notice signed
by at le~st three (3) members of the Code Enforcement Board.
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iSection 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.
iSection 5.
Attendance.
Members shall notify the Chair or Secretary to the Board if they cannot
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attend ~ meeting.
i b. If a member misses two (2) successive board meetings without a
satisfa~tory excuse, he/she may forfeit his/her appointment.
i c. Attendance shall be in person and may not occur through any form of
electrobic medium.
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. Section 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 affinnative vote of three of
those members present shall be sufficient to take Board action.
Section 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 ofthe Board in that matter.
Section 8. Records. All records of regular and special meetings or hearings shall be
open to the public.
Section 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 10. The Code Enforcement Board shall be governed by the provisions of the
Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees.
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ARTICLE VI
Order of Business
1. Roll Call
2. Approval of Agenda
3. Approval of Minutes
4. Public HearingslMotions
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
D. Motion for Reduction/Abatement of FineslLiens
E. Motion for Imposition of FineslLiens
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5.
Old Business
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New Business
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'7. Consent Agenda
I.... Motion for Imposition of Fines/Liens
B A.. Request to Forward Cases to County Attorney's Office
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~. Reports
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9. Comments
10. Next Meeting Date
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~ 1. Adjourn
The order of business may be suspended by a vote ofthe majority of those members
present.;
ARTICLE VII
Initiation of Actions Before the Board
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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 .
circum~tances of the alleged violation and shall identify the code or ordinance, which has been
violateq with the Secretary to the Board. No member of the Board may initiate action before the
Board. :
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Section 2. The Secretary to the Board shall assign a file number to each case and
schedu~e a hearing.
Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a
Statem~nt 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 whioh 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
involv~d, and the Code Enforcement Investigator involved.
iSection 4. The Notice of Hearing shall inform the alleged violator that he or she is
permi~ed to provide an answer/response packet of information to the Secretary to the Board for
distribljltion to the Board Members prior to the Board Hearing. The Code Enforcement
Investigator shall submit the charging packet of infonnation detailing the alleged violation(s) to
the Secretary of the Board for distribution to the Board Members at least fifteen (15) business
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days prior to the Board Hearing. In order to have the infOlmation submitted to the Board
Members, the alleged violator should 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 evidentiary 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 set aside to address the alleged violation in order to avoid further damage to the
health, safety and welfare ofthe citizens of Collier County, Florida.
ARTICLE VIII
Prehearin!Z Procedures
Section 1. Pre-hearing meetings between parties.
The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing
conference one (l) 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.
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 other evidence to be introduced
into the record, which are not in dispute.
d. The names and addresses of witnesses to be called may be exchanged.
Any facts or evidence stipulated to shall be presented to the Board Members along with any
prehearing evidentiary 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.
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ARTICLE IX
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Hearings
Fonnal rules of evidence shall not apply, but fundamental due process shall be observed.
The Bo~d is without jurisdiction to hear any statement, argument or evidence alleging that any
provisiqn ofthe county's ordinances is unenforceable due to conflict with the Constitutions of the
United iStates 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:
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a. In a non-contested case the only evidence heard shall be the statement of the
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violatiop and any stipulated agreement, unless additional information is requested bv the
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~. Where notice of hearing has been provided in accordance with Florida Statutes,
Section; 162.12, a hearing may proceed in the absence of the Respondent.
c. The Secretary to the Board shall read the statement of violation against the
RespontIent/alleged violator.
~. The Respondent/alleged violator shall state his/her full legal name, mailing
address; and physical residence.
~. If the Respondent/alleged violator is not present and is represented by a person
other than an attomey, the Respondent may submit a notarized letter to the Chair of the Board
granting that individual permission to represent him/her at the hearing. The individual must
also teStify at the heariD!~. under oath. that thev represent the Respondent and state the
nature iof their representation.
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r. Presentations of a case may be limited to twenty (20) minutes per party,
incIudmg testimony of all witnesses. If the Respondent believes that additional time is required,
he/she ishall notify the Board Secretary prior to the scheduled hearing. The Board shall
determ~ne if additional time shall be allowed.
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ig. Any evidence which is sought to be introduced by a party during the party's
present~tion is admitted at the discretion of the Board and may be objected to by the opposing
side. If necessary the Board may grant a recess or continuance to examine said evidence.
:h. All persons testifying before the Board shall do so under oath.
:1. Each side may be permitted to make brief opening statements, if requested. The
Count}! shall present its case and Respondent/alleged violator shall present his/her case. Both
parties ishall have an opportunity to cross-examine any person testifying.
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'j. Any person who can provide relevant evidence to support that a violation has or
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has not occurred and wishes to testify should notify the Board Secretary prior to commencement
of the public hearing. Testimony may be limited to no more than five (5) minutes unless
extended by a majority vote ofthe Board.
k. The Board or its attorney may question any witness(es) or call any witness(es) as
necessary .
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Board.
The right of the parties to present rebuttal evidence is discretionary with the
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 detennine
whether the County has proven by competent substantial evidence that a violation has occurred.
If the Board detennines that a violation has occurred, it shall then deliberate and determine what
corrective 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 finding 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 corrective action 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 detennining 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 One Thousand Dollars ($1,000.00) for each day the
violation continues past the specified compliance date and 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 shall 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 shall notify the County Manager, which may 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 motion 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 Motion for Rehearing
shall specify the precise reasons thereof. A Motion 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 Motion 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
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the rehe~ring decision.
n. 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
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parties yvithin 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
presentihg 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
evidenc~, 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 novoi (a new hearing), but shall be limited to appellate review ofthe record created. Filing an
Appeal ~hall not stay the Board's Order.
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ARTICLE X
Reduction or Abatement of Fines Prior to Imposition of Fine
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~ection 1. A Motion for Reduction or Abatement of Fines may be in the fonn of a
written ~equest. The Motion 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) phy~ical address of subject property; Cd) nature of violation; (e) description of abatement of
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violatiop and date of abatement; (In the event that the violation cannot be abated by Respondent,
the Re$pondent shall include in the Motion for Reduction/Abatement of Fines a detailed
description of the efforts undertaken for abatement and an explanation as to why the violation
cannot be abate, and provide support documentation to that effect); (f) mitigating factors which
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Respon~ent believes warrants a reduction or abatement of fines; (g) and other factors that may be
considered by the Board; (11) signature of Respondent; and (i) all supporting documentation. The
Respon~ent should provide the Secretary to the Board fifteen (15) copies of the Motion for
Reduct~on/ Abatement of Fines, attaching all supporting documentation. A Motion for
Reductlonl Abatement of Fines may be made after a violation has been abated and all
operational costs and County Abatement costs. if applicable. have been paid or in the event a
violation cannot be abated, after a diligent attempt to abate the violation in accordance with the
Board'~ Order has been made. Under no circumstances may a Motion for Reduction/Abatement
ofFine$ be made after the Board has authorized foreclosure by the County Attorney's Office.
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!Section 2. Upon proper filing of a Motion, the Secretary to the Board shall set the
MotioIl! on the ne},.1: available agenda of the Code Enforcement Board. The failure of the
responQent to comply with the requirements set forth above may be grounds for dismissal of the
Motio~ by the Code Enforcement Board. Such dismissal shall be without prejudice to the
Resporident to file another motion accordance with these Rules.
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Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the
Board may consider the following factors; (a) the gravity of the violation; (b) actions taIcen 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
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 \yithin (30) days
unless othcrwise 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 o'Nned by the violator.
Section 65. The Board will not re-hear a motion for reduction offines once a decision
has been reached on a previous motion for reduction offines.
Section 16. The Board's decision to grant or deny mitigation of an Order hnposing
FinelLien 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 (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 XI
Imposition of Fines
Section 1. After an Order has been issued by the Board and a date of compliance has
been set, the Code Enforcement h1Vestigator shall make a re-inspection 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 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 the said affidavit at the next scheduled Board
meeting.
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Section 3. Upon Motion for Imposition of Fines being filed by the County, the Board .
shall se~ the Motion for hearing with proper notice to the Respondent. Any Motion for
AbatementlReduction of Fines shall be set on the same date for hearing of the County's Motion
when reqeived in a timely manner. This hearing shall not be a trial de novo or a new hearing on
the origi~al case. The County may present evidence on the period of non-compliance, the amount
of daily !fines and the total amount of fine requested to be imposed, as well as any operational
costs inc~red or to be imposed. Respondent may be given the opportunity to present any written
Motion for AbatementlReduction of Fines and any testimony in support thereof. Respondent may
also, at tpe discretion of the Board, be given the opportunity to present testimony regarding efforts
made toward compliance and abatement, which may be considered as mitigation circumstances.
In rebuttal, the County may be given the opportunity to present testimony regarding aggravating
circumstances.
Section 4. The Board shall detennine the amount of fines applicable to be imposed.
In deter;mining the amount of the fines, if any, the Board shall consider the following factors; (1)
the gra~ity 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 One Thousand Dollars ($1,000.00) for each day the violation continues past the
specifi~d compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each
day t~e violation continues past the specified compliance date. In addition, the
Respon~entlviolator may be ordered to pay any operational and/or prosecution costs incurred. In
the eveht that the violation(s) has/have not been abated at the time of the hearing on the Motion
for Im~osition of Fines, the Board may determine if daily fines shall continue to accrue or if a
stay is ~ppropriate. The Board's detennination to impose operational costs and/or fines, shall be .
reduceq to writing and a copy of the Order Imposing FinelLien 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 ~ecords of Collier County, Florida.
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iSection 5. A certified copy of an Order of Imposition of Fines shall be recorded in
the puqlic 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. Upon
petitio~ to the Circuit Court, such Order nay be enforced in the same manner as a court judgment
by the $heriff's of this State, including levy against personal property, but shall not be deemed to
be a co~rt judgn1ent except for enforcement purposes. A fine imposed pursuant to this part shall
contin~e to accrue until the violator comes into compliance or until judgment is rendered in a suit
to fore~lose on a lien filed pursuant to the ordinance, whichever comes first. After three (3)
month~ from the filing of any such lien, which remains unpaid, the Board may authorize the
attorney representing the Board of County Commissioners to foreclose on the lien. No lien
create~ pursuant to this ordinance may be foreclosed on real property, which is homesteaded
under Section 4, Article X ofthe Florida Constitution.
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: Section 6. No lien imposed pursuant to this article shall continue for a period longer
than nVenty (20) years after the certified copy of an Order of Imposition of FinelLien has been
recorded, unless within that time an action to foreclose on the lien is commenced in a court of
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competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to
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. recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure.
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ARTICLE XII
Miscellaneous
Section 1. These Rules and regulations may be revised and adopted consistent with the
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 that a violation is occurring on property under multiple
ownership and/or in which there is a tenant and there is 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 andlor tenant as Respondent to the case.
Section 4. Intervention by non-parties may be permitted if the non-party has been
found by the Board to be an affected party.
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 prevai1.
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 tIns
day of ,2011.
Revised 5/11/11
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COLLffiR COUNTY CODE ENFORCEMENT BOARD
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Kenn~th Kelly, Chair
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Tony Marino
Robel.t Kaufman, Vice Chair
James Lavinski
Larl~ Dean
Ronald Doino, Alternate
Gerald Lefebvre
Vacant, Alternate
Lion~1 L'Esperance
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COLLIER COUNTY SPECIAL MAGISTRATE
RULES AND REGULATIONS
ARTICLE I
Name
The name of this Governing Authority shall be the Collier County Special Magistrate.
ARTICLE II
Jurisdiction
The Special Magistrate has jurisdiction over those matters which are set forth in all
ordinances of Collier County, Florida.
ARTICLE ill
Meeting Requirements
Section 1. Regular Meetings. Regular meetings of the Special Magistrate shall be held
twfee-at least once monthly, and as required, 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. The Chambers will be open 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.
to the public.
Records. All records of regular and special meetings or hearing shall be open
Section 3. Procedure. Parliamentary procedure in Special Magistrate meetings shall be
governed by the Rules and Regulations contained herein.
ARTICLE IV
Order of Business
Section 1.
as follows:
The Order of Business to be followed at meetings ofthe Special Magistrate is
1. Call to Order
2. Approval of Agenda
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3. Approval of Minutes
4. Motions for Continuance
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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. 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
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12. Adjourn
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Section 2. The order of business may be amended, supplemented or suspended by
decisiol11 of the Special Magistrate.
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ARTICLE V
Initiation of Actions before the Special Magistrate
~ection 1. Actions before the Special Magistrate shall be initiated by the filing of a
docum~nt with the Office of the Special Magistrate by a Code Enforcement Investigator, Sheriffs
DeputyJ Domestic Animal Services Officer, or other County Official with the powers to issue
citation~, which document shall include a statement of the facts and circumstances of the alleged
violatiOn and shall identify the code or ordinance that has been violated. This charging document
may ta~e the form of a Notice of Violation or of a citation. The Special Magistrate may also initiate
action Qased on evidence presented at a hearing.
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iSection 2. If the action is initiated pursuant to the issuance of a citation, the alleged
violato~ may pay a fine in the amount set forth on the citation and/or correct the violation, or may
requestja hearing before the Special Magistrate.
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Section 3. The Office of the Special Magistrate shall assign a case number to each case
and schedule a hearing.
Section 4. The Office ofthe Special Magistrate shall send out a Notice of Hearing along
with 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 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.
Section 5. The Notice of Hearing shall infonn the alleged violator that he or she is
pennitted to provide an answer/response packet of infonnation 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 four (4) copies of his or her
infonnation the Office of the Special Magistrate three (3) business days prior to the scheduled
hearing.
Section 6. In emergency situations, the timelines set forth in this paragraph can be
abbreviated or set aside by the Special Magistrate 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
Pre-hearing; Procedures
Section 1.
Pre-hearing conference between pmties.
The Respondent! alleged violator and Code Enforcement Investigator or other issuing officer are
required to have a pre-hearing conference thirty (30) minutes prior to the scheduled hearing. At
the pre-hearing conference the following may occur:
a. The Respondent! alleged violator may be asked ifhe/she wishes to contest the
violation(s). if so, the case shall proceed on the agenda as stated in Article IV.
b. The parties may stipulate to an agreed Order, subject to the approval of the
Special Magistrate.
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 may be exchanged. Any facts
or evidence stipulated to shall be presented to the Special Magistrate along with
any pre-hearing packets, agreements or stipulations either party intends to provide
to the Special Magistrate.
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~ection 2.
Pre-hearing Motions.
Any motion for any reason to be filed by the Respondent/alleged violator or the Issuing Officer .
shall be delivered to the Office of the Special Magistrate and the opposing party, or their counsel,
if appli~able, at least five (5) business days prior to the hearing. The person filing the motion
shall prQvide the Office of the Special Magistrate with four (4) copies of the motion. The
Secretary to the SpeciaI Magistrate will then distribute the motions to the Special Magistrate at
the hear~ng. The Special Magistrate may waive the requirements set forth in the paragraph under
exceptional circumstances.
ARTICLE vn
Hearings
Section 1.
Due Process.
Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Special
Magistr~te is without jurisdiction to hear any statement, argument or evidence alleging that any
provisidn of the county's ordinances is unenforceable due to conflict 'with the Constitutions ofthe
United States or State of Florida, Florida Statutes, administrative agency regulations, other county
ordinances, or court decisions.
Section 2.
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Procedures.
The following procedures will be observed at hearings before the Special Magistrate:
~. Where notice of hearing has been provided in accordance with Florida Statutes,
Sectio~ 162.12, a hearing may proceed in the absence of the Respondent/alleged violator.
lb. The Special Magistrate shall announce the case before hearing testimony.
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ic. The Respondent/alleged violator shall state hislher full legal name, mailing address
and ph~sical residence.
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ld. Ifthe Respondent/alleged violator is not present and is represented by a person other
than art attorney, the Respondent/alleged violator should submit a notarized letter to the Special
Magisttate granting that individual permission to represent himlher at the hearing:
: e. Presentations of a case may be limited to ten (10) minutes per party, including
testimqny of all witnesses. If the Respondent/alleged violator believes that additional time is
requir~d, he/she shall notify the Secretary to the Special Magistrate prior to the scheduled hearing.
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! f. In those cases initiated by citation in which the Respondent/alleged violator had
requested the hearing, the Respondent/alleged violator shall proceed first with the presentation of
hislhe~ evidence in opposition to the facts alleged in the citation.
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! g. In those cases initiated by a Notice of Violation, the County shall proceed first with
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the pr~sentation of its evidence to prove that a violation has occurred.
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Any evidence which is sought to be introduced by a party during the party's
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presentation is admitteo at the discretion of the Special Magistrate and may be objected to by the
opposing side. If necessary the Special Magistrate may grant a recess or continuance to examine said
evidence.
1. All persons testifying before the Special Magistrate shall do so under oath.
j. Each side may be pennitted to make brief opening statements, if requested. The
County shall present its case and Respondent/alleged violator shall present his/her case in the order
outlined herein above at Article VII, Paragraphs f. and g. Bother parties shall have an opportunity to
cross-examine any person testifying.
k. Any person who can provide-relevant evidence to support that a violation has or has
not occurred and wishes to testify, should notify Secretary of the Special Magistrate prior to
commencement of the public hearing. Testimony may be limited to no more than five (5) minutes
unless extended by the Special Magistrate.
L The Special Magistrate may question any witness (es) or call any witness (es) as
necessary.
m. The right ofthe parties to present rebuttal evidence is discretionary with the Special
Magistrate.
n. Upon completion of all the evidence, each side may be permitted to make brief
closing arguments and the Special Magistrate shall close the hearing.
o. The Special Magistrate shall determine whether the County has proven by competent
substantial evidence that a violation has occurred. Ifthe determination is made that a violation has
occurred, the Special Magistrate shall then decide what corrective action and potential fines shall be
appropriate. If the Special Magistrate does not find that a violation has occurred, the charge shall be
dismissed.
p. The Special Magistrate, upon finding a Respondent in violation, shall issue an oral
Order to Comply, setting a date certain for compliance. The Order shall contain Findings ofF act and
Conclusions of Law and state the corrective action ordered by the Special Magistrate. The Special
Magistrate may include in such Order a fme to take effect the day following the specified compliance
date in case of non-compliance. In determining the amount of the fine, ifany, the Special Magistrate
shall consider the following factors:
1) The gravity ofthe 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 One Thousand Dollars ($1,000.00) for each day the violation continues
past the specified compliance date and 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
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Order sliall be reduced to writing and be mailed to the Respondent/violator within ten (10) days.
q. In the event the violation is a violation described in Section 1 62.06( 4), Fla. Stat., the .
Special Magistrate may direct the appropriate department within the unincorporated county to make
all reaso'nable repairs required to bring the property into compliance and charge the violator with the
reasona?le costs of repairs along with the fine and any operational or prosecutorial costs.
i. A party may move for a rehearing of the Special Magistrate 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 Magistrate. The written Motion for
Rehearihg shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and
sent to the Office of the Special Magistrate 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 Magistrate shall be stayed and the time for taking an appeal tolled until the
Motion: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 the
date ofthe mailing ofthe rehearing decision.
~. The Special Magistrate shall make a determination as to whether or not to rehear the
matter and the decision shall be announced at a public meeting, reduced to writing and mailed to the
interest~d parties within 10 days after the decision is made. If the Special Magistrate detennines that
a reheatiing will be granted, the Special Magistrate may: (1) Schedule a hearing where the parties will
be give~ the opportunity of presenting evidence or argument limited by the Special magistrate to the
specifiq 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
decisio~ of the Special Magistrate resulted from a ruling on a question of law which the Special .
Magistrjate has been infonned was an erroneous ruling.
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t. Any aggrieved party may appeal a final Order of the Special Magistrate to the Circuit
Court 'Yithin thirty (30) days ofthe 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
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Appealjwill not automatically stay the Special Magistrate's Order.
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ARTICLE vm
Reduction or Abatement of Fines Prior to Imposition of Fine
!Section 1. A motion for Reduction or Abatement of Fines shall be in the form of a
written: request. The Motion should contain the following infonnation:
a. Name, and address of named Respondent;
Names of all owners of the property which is the subject of the violation;
c. Physical address of subject property;
d. Nature of violation;
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e. Description of abatement of violation and date of abatement;
f.
Mitigating factors which Respondent believes warrants a reduction or abatement of
fines;
g. Any other factors that may be considered by the Special Magistrate
h. Signature of Respondent; and
1. All supporting documentation
In the event that the violation cannot be abated by Respondent, the Respondent shall include in the
Motion for Reduction! Abatement of 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.
The Respondent should provide the Office of the Special Magistrate four (4) copies of the Motion
for Reduction! Abatement of Fines, attaching all supporting documentation. A Motion for
Reduction! Abatement of Fines may be made after a violation had been abated, or in the even a
violation cannot be abated, after a diligent attempt to abate the violation in accordance with the
Special Magistrate's Order has been made. Under no circumstances may a Motion for
Reduction/Abatement of Fines be made after the Special Magistrate has authorized foreclosure by
the County Attorney's Office.
Section 2. Upon proper filing of a Motion for Reduction/Abatement of Fines, the Office
ofthe Special Magistrate shall set the Motion on the next available agenda of the Special Magistrate.
The failure ofthe Respondent to comply with the requirements set forth above may be grounds for
dismissal of the Motion by the Special Magistrate. Such dismissal shall be without prejudice to the
Respondent to file another request in accordance with these Rules.
Section 3. Upon the proper filing of a Motion for Reduction/Abatement of Fines, the
Special Magistrate 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/Iien would cause on the Respondent;
h. The time and cost incurred by Code Enforcement to have the violation corrected;
1. Any other equitable factors which would make the requested mitigation appropriate.
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~ection 4. The Respondent shall have the burden of proof to show why a finellien
should be reduced or abated. The hearing shall be conducted according to Article VII ofthese
Rules, v}here applicable.
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Section 5. If a reduction is granted; the reduced fine must be paid within thirty (30)
days, u~less 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
recorde4 in the public records and thereafter shall constitute a lien against the land on which the
violatior exists and upon any other real property or personal property owned by the violator.
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Section 6. The Special Magistrate will not re-hear a motion for reduction offines
once a qecision has been reached on a previous motion for reduction offines.
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$ection 7. The Special Magistrate's decision to grant or deny mitigation of an Order
Imposirig FinelLien shall be reduced to writing and a certified copy of an Order imposing a fine
shall beirecorded in the public records and thereafter shall constitute a lien against the land on
which t~e violation exists and upon any other real property or personal property owned by the
violatotr Any aggrieved party may appeal a final order to the Circuit Court within (30) days of
the exe~ution 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 will not automatically
stay the! Special Magistrate's Order.
ARTICLE IX
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Imposition of Fines
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Section 1. After an Order has been issued by the Special Magistrate and a date of
compli~nce has been set, the Code Enforcement Investigator shall make re-inspection to
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detenni;ne compliance or non-compliance with the Order ofthe Special Magistrate.
iSection 2. The Code Enforcement Investigator shall file an Affidavit of Compliance
or NonfCompliance with the Secretary to the Special Magistrate. A copy of said Affidavit may be
sent to the violator by regular U.S. mail and recorded in the Public Records ofColIier County,
Floridal The Office ofthe Special Magistrate shall report the status ofthe said affidavit at the
ne},.'t sC~1eduled Board meeting.
:Section 3. Upon a Motion for Imposition of Fines being filed by the County, the
Office bfthe Special Magistrate shall set the Motion for hearing before the Special Magistrate
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with proper notice to the Respondent/violator. Any Motion for AbatementlReduction of Pines
shall b~ set on the same date for hearing of the County's Motion, when received in a timely
mannd. This hearing shall not be a trial de novo or a new hearing on the original case. The
Count)i may present evidence ofthe period of non-compliance, the amount of daily fines and the
total mTlOunt of fine requested to be imposed, as well as any operational costs incurred or to be
imposed. Respondent may be given the opportunity to present any written Motion for
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AbatementlReduction of Fines and any testimony in support thereof. Respondent/violator may
also, at the discretion ofthe Special Magistrate, be given the opportunity to present testimony
regarding efforts made toward compliance and abatement, which may be considered as
mitigating circumstances. In rebuttal, the County may be given the opportunity to present
testimony regarding aggravating circumstances.
Section 4. The Special Magistrate shall detennine the amount of fines as applicable
to be imposed. In determining the amount ofthe fines, if any, the Special Magistrate shall
consider the following factors:
a) The gravity of the violation;
b) Any actions taken by the violator to correct the violation
c) Any previous violations committed by the Respondent/violator; and
d) Any other relevant factors
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Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation
continues past the specified compliance date and 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. In
the event the violation(s) haslhave not been abated at the time ofthe hearing on the Motion for
Imposition of Fines, the Special Magistrate may detennine if daily fines shall continue to accrue
or if a stay is appropriate. The Special Magistrate's detennination to impose operational costs
and/or fmes 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.
Section 5. A certified copy of an Order oflmposition of Fines 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. Upon petition to the
Circuit Court, such Order may be enforced in the same manner as a court judgment by the
sheriff's of the 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 the 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 ninety (90)
days from the filing of any such lien, which remains unpaid, the Special Magistrate may
authorize the attorney representing the Board of County Commissioners to foreclose on the lien.
No lien created pursuant to tIns ordinance may be foreclosed on real property, wInch is
homestead under Section 4, Article X of the Florida Constitution.
Section 6. No lien imposed pursuant to the article shall continue for a period longer
than twenty (20) years after the ce1tified copy of an Order oflmposition of FinelLi en 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, incUlTed by that party in the foreclosure
action.
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ARTICLE X
Miscellaneous
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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 Magistrate shall not knowingly discuss any case with any alleged
violator, or with any other interesteg 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 ip 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 Magistrate's decision, the Code Enforcement
Investigator may include the property owner and/or tenant as Respondent to the case.
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$ection 4 Intervention by non-parties may be permitted if the non-party has been found
by the Special Magistrate to be an affected party.
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Section 5. The Special Magistrate has discretion to ask for periodic reports from County
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staff as ~o the status of cases.
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~ection 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 Magistrate, the provisions ofthe
ordinance(s) or statute(s) shall prevail.
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~ection 7. Any case in which there has been a hearing by the Special Magistrate prior to .
the adoption of these Rules and Regulations shall be governed by the previously adopted rules and
regulatipns in effect at the time of the hearing.
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rrnESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this
day of ,2011.
COLLIER COUNTY SPECIAL MAGISTRATE
The Hbnorable Brenda C. Garretson
Special Magistrate
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