Backup Documents 07/09/2013 Item #17B ._..._
178
COLLIER COUNTY FLORIDA ,�
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS r„
To: Clerk to the Board: Please place the following as a: -r)t ,.
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
**********************************************************************************************************
Originating Dept/Div: County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: June 18,2013
Petition No.(If none,give brief description): Amendment to Consolidated Code Enforcement Ordinance
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) July 9,2013(ad to run no later than
WEDNESDAY,June 26,2013)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,AMENDING
ORDINANCE NO.2007-44,AS AMENDED,KNOWN AS THE CONSOLIDATED CODE ENFORCEMENT ORDINANCE,
BY MODIFYING ARTICLE IV, SECTION 5, AS IT RELATES TO THE SUPERIORITY OF A LIEN ON PROPERTY
IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR SPECIAL MAGISTRATE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
Companion petition(s), if any&proposed hearing date: N/A
Does Per tion . include ad ertising cost?❑Yes XXX No If Yes,what account should be charged for advertising costs:
10, 21-j Wiz) P.O.4500139337
Reviewe I4 IL
Division 1'ltisr. r or Designee Date
List Attac Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearin!s before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE US E/0 L� r -
Date Received: � l Date of Public hearing:1— � ( �j Date Advertised: lQ(2 �C? ((
17B
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Wednesday,June 19, 2013 10:46 AM
To: Minutes and Records
Cc: Brock, Maryio
Subject: Advertising Request - Code Enforcement Ordinance
Attachments: Advertising Request -Amendment to Code Enforcement Ordinance.docx;Advertising
request for Code Enforcement Ordinance.pdf
Ladies:
See attached to run on Wednesday 6/26. I have also attached the ad request in Word so you don't have to re-key the
title.
I'll wait for the proof.
Please call with any questions. Thank you!
Dinny
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax(239) 252-6600
New address as of November 1, 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112-5749
Law.e r,::,i l pu i.;re =.area ;f you do not wool y axa¢e=ma l address r;e a s_:£in response to a pudic is era ror request r not sod
mail to this eralti.instead contact this office by t€;leono .e or in writing.
1
176
COLLIER COUNTY
CONSOLIDATED CODE ENFORCEMENT ORDINANCE
ORDINANCE NO.2013-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44 ,
AS AMENDED, KNOWN AS THE CONSOLIDATED CODE
ENFORCEMENT ORDINANCE,BY MODIFYING ARTICLE IV, SECTION
5, AS IT RELATES TO THE SUPERIORITY OF A LIEN ON PROPERTY
IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR
SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to
exercise broad home rule powers; and
WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and
governing body of a County shall have the power to carry on County government and that said
power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as
any powers exercised are not inconsistent with general or special laws; 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, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the
enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers
necessary or incident to carry out those powers and that Section 125.01,Florida Statutes, shall be
liberally construed in order to effectively carry out the purpose of the section and to secure for
counties the broad exercise of home rule powers authorized by the State Constitution; and
WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code
Enforcement Boards Act," the Board of County Commissioners of Collier County (Board) duly
enacted Collier County Ordinance No. 2007-44, known as "The Collier County Consolidated
Code Enforcement Ordinance,which superseded and repealed prior ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2007-44 through its
adoption of Ordinance No. 2010-04; and
Words Underlined are added;Words SSE-Through are deleted.
Page 1 of 4
176
WHEREAS, in light of the May 16, 2013 decision of the Supreme Court of Florida, it is
necessary to modify Ordinance No. 2007-44, as amended, as it relates to the superiority of a lien
on property imposed by an order of the Code Enforcement Board or the Special Magistrate.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE: AMENDMENT TO ARTICLE IV, SECTION 5 OF ORDINANCE NO.
2007-44,AS AMENDED.
Article IV, Section 5 is hereby amended to read as follows:
ARTICLE IV. Procedures Governing the Code Enforcement Board,Nuisance Abatement Board,
and the Special Magistrate
* * * * * *
Section 5. Penalties before Enforcement Board and Special Magistrate.
(1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the
Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first
violation continues past the date set for compliance by the Enforcement Board or Special
Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which
shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past
the date set for compliance by the Code Enforcement Board, or from the time the violation has
been repeated, and a hearing shall not be necessary for the issuance of the Order. If the
Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed$15,000.00 per violation.
(2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate,
as the case may be,shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the Violator to correct the violation;and
(c) Any previous violations committed by the Violator.
(3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed
$250.00 per day for each day the first violation continues past the date set for compliance; or in
the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed
$500.00 per day.
(4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen
property nuisance, against a property owner operating an establishment where multiple tenants, on
one site, conduct their own retail business,the property owner shall not be subject to a lien against
his or her property or the prohibition of operation provision if the property owner evicts the
business declared to be a nuisance within 90 days after notification by registered mail to the
Words Underlined are added;Words Struck Through are deleted.
Page 2 of 4
17B
property owner of a second stolen property conviction of the tenant. The total fines imposed
pursuant to the authority of§ 893.138,Florida Statutes, shall not exceed$15,000.00.
(5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may
be recorded in the public records and thereafter shall constitute a lien against the land on which the
violation occurred or exists, and upon any other real or personal property owned by the Violator;
and except as otherwise provided by law, including mortgages recorded prior in time and the lien
of county taxes, shall be superior to the interest on such parcel or property of any owner, lessee,
tenant, after-recorded mortgagee, or other person - - : , - - . - -- .. - •. - , and shall be
coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this
state, including levy against personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After three months from the filing of any such lien which
remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien
or forward the lien to a collection agency. No lien created pursuant to this Section may be
foreclosed on real property that is a homestead under Article X, Section 4 of the Florida
Constitution.
(6) No lien provided under this division shall continue for a period longer than 20 years after the
certified copy of an Order imposing a fine has been recorded, unless within that time an action to
foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the
lien effected by the commencement of the action shall not be good against creditors or subsequent
purchasers for valuable consideration without notice,unless a notice of lis pendens is recorded.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County, the more
restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application
thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and
their application shall not be affected thereby.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance"may be changed to "section", "article", or
other appropriate word.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
Words Underlined are added;Words Struck are deleted.
Page 3 of 4
'
sa I v
17B
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this day of , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk GEORGIA A. HILLER,ESQ.
CHAIRWOMAN
Appro -I it, •rm and legality:
r '
Jeffrey °'. atzkow
County ' tft',,ll ey
I
Words Underlined are added;Words Struck eugh are deleted.
Page 4 of 4
■
1 7 R
Acct: #027354
June 19, 2013
Attn: Legals
Naples Daily News
1075 Central Avenue
Naples, Florida 34102
Re: Amending Ordinance 2007-44, Consolidated Code Enforcement
Ordinance
Dear Legals:
Please advertise the above referenced notice on Wednesday, June 26, 2013 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500139337
17B
NOTICE TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, July 9, 2013, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance . The meeting will commence at 9 : 00 A.M. The title of the
proposed Ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44, AS AMENDED,
KNOWN AS THE CONSOLIDATED CODE ENFORCEMENT ORDINANCE, BY
MODIFYING ARTICLE IV, SECTION 5, AS IT RELATES TO THE SUPERIORITY
OF A LIEN ON PROPERTY IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT
BOARD OR SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted to
the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112 ,
17 8
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office .
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
GEORGIA A. HILLER, ESQ, CHAIRWOMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
178
Teresa L. Cannon
To: Legals NDN (legals @naplesnews.com)
Subject: Amending Ord. 2007-44, Consolidated Code Enforcement Ordinance
Attachments: Amending 2007-44, Consolidated Code Enf. Ord.doc;Amending 2007-44 Consolidated
Code Enf. Ord.doc
Legals,
Please advertise the attached legal ad on Wednesday,June 26,2013.Thanks
Teresa L. Cannon, BMR Clerk III
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
1
Teresa L. Cannon
17B
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Friday,June 21, 2013 10:36 AM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UASC570jpg
Teresa,
Here you go...sorry about the delay...
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora@naplesnews.com
naplesnews.com I ndnadvertising.com
Read.Learn.Share.
How may we help you? Call us at(239) 213-6000
Thank you for placing your ad.
Date 06/21/13
Publication NDN
Account Number 503641
Ad Number 1993267
Total Ad Cost $259.38
1
NOTICE TO CONSIDER ORDINANCE 7 9,
N t,c is hereby given that on Tuesday, July 9, 2013, in the Boardroom, 3rd Floor,
Administration Building Collier County Government Center, 3299 East Tamiami
Trail, Naple,s, Florida, the Board of County Comrrriss' ners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A,M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO 2007-44, AS AMENDED, KNOWN
AS THE CONSOLIDATED CODE ENFORCEMENT ORDIl ANC , BY MODIFYING
ARTICLE IV, SECTION 5, AS IT RELATES TO THE SUPERIORITY OF A LIEN ON
PROPERTY IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR
SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND S ERA ILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS D ORDINANCES; AND PROVIDING AN.
E EDAE
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for trrs e tr na All interested parties are invited to attend and be heard.
NOTE All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation the agenda item to be addressed
individual speakers will be limited to 3 minutes urn any item. The selection an
indi vidual to seak. on behalf of an organization or group is encouraged. If
recognized the Chairman. a spokesperson for a group or organization may be.
allotted 10 unites to speak on an item.
Persons wishing to have written or graphic materials included m the Board agenda.
packets must submit said material a minimum of 3 weeks prior to the respective
public hrearing. In any cases written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing All material used in presentations before the Board
will become a permanent part of the record
person ho decides to appeal a decision of the Board will need a record of the
proceedings pertaining,aining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal ss based.
if you are a person with a disability who reeds any accommodation in order to par
ticrpate its t is proceeding, you are entitled, at no cost to you, to the pr ovision or
certain assistance Please contact the Collier Court_ Facilities Management Depart-.
ment, located at 3335 Tamiami Trail East, Suite t10 T, Building W, Naples, Florida
3 1 2 252-n80. Assistec listening devices for the hearing impaired are avail-
able in the County Commissioners' Office.
BOARD OF COLI T COMMISSIONERS
COWER COUNTY, FLORIDA
GEORGIA ;. HILLER ESQ. CHAIRWOMAN
DWIGHT E, BROOK, CLERK
Sys
Teresa Cannon, Deputy Clerk
(SEAL)
June 26, 2013 No• 1993267
17B
Teresa L. Cannon
From: NeetVirginia <VirginiaNeet @colliergov.net>
Sent: Friday,June 21, 2013 11:06 AM
To: Teresa L. Cannon
Subject: RE:Ad Confirmation
The ad looks good. Doubtful that it will be that well formatted in the paper, but we will see.
Thank you!!!
Dinny
Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Friday,June 21, 2013 10:39 AM
To: NeetVirginia
Subject: FW: Ad Confirmation
Please review.Thanks
Teresa L. Cannon, BMR Clerk Ill
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidoraiEnaplesnews.com]
Sent: Friday,June 21, 2013 10:36 AM
To:Teresa L. Cannon
Subject:Ad Confirmation
Teresa,
Here you go...sorry about the delay...
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read.Learn.Share.
How may we help you?Call us at(239) 213-6000
Thank you for placing your ad.
Date 06/21/13 1 7 B
Publication NDN
Account Number 503641
Ad Number 1993267
Total Ad Cost $259.38
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
intended recipient,you must not copy, distribute or take any action induced by or in reliance on information contained
in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of
the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by
emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents.The
Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of,emails and
attachments having left the CollierClerk.com domain.
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
17B
Teresa L. Cannon
To: Polidora, Carol
Subject: RE:Ad Confirmation
Looks good , ok to run.Thanks
Teresa L. Cannon, BMR Clerk Ill
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Friday,June 21, 2013 10:36 AM
To:Teresa L. Cannon
Subject: Ad Confirmation
Teresa,
Here you go...sorry about the delay...
Thanks!
Carol
Carol Polidora
Legal Advertising Specialist
Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 312-1251 I cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read.Learn.Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 06/21/13
Publication NDN
Account Number 503641
Ad Number 1993267
Total Ad Cost $259.38
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO i> B
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to The County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 7/9/13
4. BCC Office Board of County G
Commissioners /5/
5. Minutes and Records Clerk of Court's Office 2-1(3
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A.Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 7/9/13 / Agenda Item Number
Approved by the BCC
Type of Document Ordinance amending Code Enforcement Number of Original One
Attached Ordinance Documents Attached
PO number or account n/a
number if document is r10 p,
to be recorded O� /
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwardin o Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw r of your deadlines!
8. The document was approved by the BCC on 7/9/1 and all changes made during the JAK
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the . ,
BCC,all changes directed by the BCC have been made,and the document is ready f•r the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1713
MEMORANDUM
Date: July 23, 2013
To: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2013-49: Amending 2007-44, as amended,
Collier County's Consolidated Code Enforcement Ordinance,
relating to the superiority of a lien on property imposed by an
order of the Code Enforcement Board or the Special Magistrate
Attached for your records is a copy of the ordinance referenced above, (Item #17B)
adopted by the Board of County Commissioners on Tuesday, July 9, 2013.
The original will be held in the Minutes and Records Department for the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
17B
MEMORANDUM
Date: July 23, 2013
To: Jeff Wright, Director
Collier County Code Enforcement Department
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: Ordinance 2013-49: Amending 2007-44, as amended, the
Collier County Consolidated Code Enforcement Ordinance,
relating to the superiority of a lien on property imposed by an
order of the Code Enforcement Board or the Special Magistrate
Attached for your records is a copy of the ordinance referenced above, (Item #17B)
adopted by the Board of County Commissioners on Tuesday, July 9, 2013.
The County Attorney has been provided a copy and a copy will also be furnished to
Special Magistrate Garretson.
If you have any questions, please feel free to call me at 252-8406.
Thank you.
Attachment
17B
COLLIER COUNTY
CONSOLIDATED CODE ENFORCEMENT ORDINANCE
ORDINANCE NO. 2013 - 49
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44 ,
AS AMENDED, KNOWN AS THE CONSOLIDATED CODE
ENFORCEMENT ORDINANCE, BY MODIFYING ARTICLE IV, SECTION
5, AS IT RELATES TO THE SUPERIORITY OF A LIEN ON PROPERTY
IMPOSED BY AN ORDER OF THE CODE ENFORCEMENT BOARD OR
SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to
exercise broad home rule powers; and
WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and
governing body of a County shall have the power to carry on County government and that said
power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as
any powers exercised are not inconsistent with general or special laws; 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, Sections 125.01(3)(a) and (b), Florida Statutes, recognize that the
enumeration of powers in Section 125.01(1), Florida Statutes, incorporates all implied powers
necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be
liberally construed in order to effectively carry out the purpose of the section and to secure for
counties the broad exercise of home rule powers authorized by the State Constitution; and
WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code
Enforcement Boards Act," the Board of County Commissioners of Collier County (Board) duly
enacted Collier County Ordinance No. 2007-44, known as "The Collier County Consolidated
Code Enforcement Ordinance, which superseded and repealed prior ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2007-44 through its
adoption of Ordinance No. 2010-04; and
Words Underlined are added;Words Struck Through are deleted.
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176
WHEREAS, in light of the May 16, 2013 decision of the Supreme Court of Florida, it is
necessary to modify Ordinance No. 2007-44, as amended, as it relates to the superiority of a lien
on property imposed by an order of the Code Enforcement Board or the Special Magistrate.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: AMENDMENT TO ARTICLE IV, SECTION 5 OF ORDINANCE NO.
2007-44, AS AMENDED.
Article IV, Section 5 is hereby amended to read as follows:
ARTICLE IV. Procedures Governing the Code Enforcement Board,Nuisance Abatement Board,
and the Special Magistrate
* * * * * *
Section 5. Penalties before Enforcement Board and Special Magistrate.
(1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the
Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first
violation continues past the date set for compliance by the Enforcement Board or Special
Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which
shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past
the date set for compliance by the Code Enforcement Board, or from the time the violation has
been repeated, and a hearing shall not be necessary for the issuance of the Order. If the
Enforcement Board or Special Magistrate finds a violation to be irreparable or irreversible in
nature, it may impose a fine not to exceed $15,000.00 per violation.
(2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate,
as the case may be, shall consider the following factors:
(a) The gravity of the violation;
(b) Any actions taken by the Violator to correct the violation; and
(c) Any previous violations committed by the Violator.
(3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed
$250.00 per day for each day the first violation continues past the date set for compliance; or in
the case of a repeat Violator, may order the repeat Violator to pay a fine which shall not exceed
$500.00 per day.
(4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen
property nuisance, against a property owner operating an establishment where multiple tenants, on
one site, conduct their own retail business, the property owner shall not be subject to a lien against
his or her property or the prohibition of operation provision if the property owner evicts the
business declared to be a nuisance within 90 days after notification by registered mail to the
Words Underlined are added;Words Struck ough are deleted.
Page 2 of 4
178
property owner of a second stolen property conviction of the tenant. The total fines imposed
pursuant to the authority of§ 893.138, Florida Statutes, shall not exceed $15,000.00.
(5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may
be recorded in the public records and thereafter shall constitute a lien against the land on which the
violation occurred or exists, and upon any other real or personal property owned by the Violator;
and except as otherwise provided by law, including mortgages recorded prior in time and the lien
of county taxes, shall be superior to the interest on such parcel or property of any owner, lessee,
tenant, after-recorded mortgagee, or other person - - . • • - - • • - , and shall be
coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this
state, including levy against personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After three months from the filing of any such lien which
remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien
or forward the lien to a collection agency. No lien created pursuant to this Section may be
foreclosed on real property that is a homestead under Article X, Section 4 of the Florida
Constitution.
(6) No lien provided under this division shall continue for a period longer than 20 years after the
certified copy of an Order imposing a fine has been recorded, unless within that time an action to
foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the
lien effected by the commencement of the action shall not be good against creditors or subsequent
purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County, the more
restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application
thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body
with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and
their application shall not be affected thereby.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION THREE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
Words Underlined are added;Words Struck-Through are deleted.
Page 3 of 4
17B
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thisCk\ day of 1.0\■-•\ , 2013.
ATTEST:" ; P"AP.," ' BOARD OF COUNTY COMMISSIONERS
DWIGI T`E:t3ROCK;``Clerk COLLIER CO TY FLORIDA
I i i
4
�By G LM ..A LAtn� By
Attest as Chap Ott, -rk%'' GEO/ A A. HILLER, ESQ.
CHAIRWOMAN
signature onto 6)0J'",
Appro . iii, •rm and legality:
■lifilla._ 1►
Jeffrey .ql. \atzkow
County ' tt'il�, ey
Words Underlined are added;Words Struck Stntek-Thfeugh are deleted.
Page 4 of 4
178
STATE OF FLORIDA)
COUNTY OF COLLIER)
I , DWIGHT E . BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit , Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-49
which was adopted by the Board of County Commissioners
on the 9th day of July, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of July, 2013 .
DWIGHT E . BROCK
Clerk of Courts ai1d: Cll.rk
Ex-officio to Board-"o'f•---' ,
County Commissi)onefs'.
t
■
f•
By: Martha Vei.. a
Deputy Cler