Loading...
Backup Documents 01/26/2010 Item #17C COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17C To: Clerk to the Board: Please place the following as a: (8] NOffilallegal Advertisement (Display Adv., location, etc.) o Other: ********************************************************************************************************** Originating Dept/ Div: Code Enforcement Person: Diane Flagg, Code Enforcement Director Date: 01/05/10 Petition No. (Ifuone, give brief description): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY- TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Diane Flagg, Code Enforcement Director Hearing before x BCC BZA Other Reqnested Hearing date: Januarv 26, 2010 (Based on advertisement appearing 10 days before hearing). (BCC 01/26/2010) Newspaper(s) to be used: (Complete only if important): (8] Naples Daily News o Other o Legally Required Proposed Text (Include legal description & COnunOil location & Size: Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? [8J Yes 0 No If Yes, what account should be charged for advertising costs: 111138911 PO#4500110972 Reviewed by: Division Administrator or Designee Date .<>"'''''-"'~''"~--'-'--~''''''--'--~~-'-"'.''"'"'-''''''--',-~ List Attachments: 17C III DISTRIBUTION INSTRUCTIONS A, For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal reviewl or request for same, is submitted to Cnunty Attorney before submitting to County Manager, Tbe Manager's office will distribute copies: o County Manager ageuda file: to Clerk's Office o Requesting Division o Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ,OfkYlA ,/?,J"", d,d Date Received: ~_ Date of Public hearing: ~"- Date Advertised: ~2alo ..^._'<w_._,.."~_'__"_"__.~_~_..~.,_.~_._..._,,_.____~~__ COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17C'1H To: Clerk to the Board: Please place the following as a: [2<;] Normal legal Advertisement (Display Adv., location, etc.) D Other: ********************************************************************************************************** Originating DepV Div: Code Enfurcemeut Person: Diane Flagg, Code Enforcemeut Director Date: 12/21/09 Petition No. (If none, give brief description): AN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOIUDA; PROVIDING A TITLE; PROVIDING FOR PllRPOSE AND SCOPE; PROVIDING GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENACE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING ORDINANCES 76- 70,89-06,96-76 AND 99-58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Diane Flagg, Code Enforcement Director Hearing before x BCC BZA 1>P Other Requested Hearing date: Januarv tI. 2010 (Based on advertisement appearing 10 days before hearing). (BCC 01/12/2010) I Newspaper(s) to be used: (Complete only if important): [2<;] Naples Daily News D Other D Legally Required Proposed Text: (Include legal description & common location & Size: Companion petition(s), ifany & proposed hearing date: 17Clfl Does Petition Fee include advertising cost" C2:I Yes D No [fYes, what account should be charged for advertising costs: 111138911 P0#4500110972 Reviewed by: Division Administrator or Designee Date List Attachments: DISTRIBUTION INSTRUCTIONS A, For hearings before BCC or BZA: Initiating person to complete one coy 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: D Couuty Manager agenda file: to Clerk's Office D Requesting Division D Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE I~~t'},;~ .lJt I I,? J ,.,tJr Date Received: I () \ Date of Public hearing: ~ Date Advertised: -'2J~~1 \L"~" ~~\ q} ~o n\~q,\'OC\ I \ 'lie \\~\ I \ Martha 5, Vergara From: Sent: To: Subject: Attachments: <<Ad sheeteeel,jpg>> 17CI" nievesblanca [BlancaN ieves@colliergov.nell Tuesday, December 22, 2009 12:53 PM Martha S. Vergara Request for Legal Advertising Ad sheetO001.jpg; Ad sheetO002.jpg <<Ad sheeteee2,jpg>> 1 1 7 C' I ORDINANCE NO, 2010- AN ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE FOR nil: UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING GENERAL PROVISIONS; PROVIDING DEJ;'INITIONS; PROVIDING FOR RULES OF CONSTRIJCTION; PROVIDING FOR COMI'LlANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICLAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZAIWOUS BUILDINGS IIY THE COUNTY, PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLTTIOl'i TO BE ASSESSED TO THE OWNER WHJ>;N ABATEMENT EXECUTED BY THE COUNTY; PROVIDING J>'OR THE V ACATIOl'i OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIIlILITY J;'OR PROI'ERTY MAINTENACE; PROVIDING THE RESI'ONSIBILlTIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACA1'\T STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING; PROVIDING FOR NUISANCES; PROVII>ING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQlJIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPJ<:ALING ORDINANCES 76-70, 89-06, 96-76 AND 99-58; PROVmING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCI~USION IN THE com; OJ;' LAWS AND ORDINANCJ<:S; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE, WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are untit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamilies, and which be reason of the lack of maintenance, inadequale ventilation, inadequate light and 17 GIIi. ',".,.~ sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions results in a large measure from improper maintenance. inadequate sanitary facilities, overcrowding conditions in residential occupancies, building and premises, and from general neighhorhood neglect; and WHER.:AS, such unsafe and unsanitary conditions can he improved and often eliminated or prevented through adopted and enlorced housing standards, resulting in the upgrading of living conditions and an overall enhancement of the gent:ral health, safety, and welfare of all residents and property owners of the community; and WHEREAS, there exists conditions \vithin the unincorporated areas of Collier County where structures used for commercial and non-residential purposes are, or may become in the future, substandard and further that such conditions, including but not limited to, structural deterioration, lack of maintenance and appearance of exterior premises constitutes a menace to the health, safety, welfare. morals and reasonable comfort of the unincorporated County's inhabitants: and WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain properties have the effect of creating slum and blight conditions which, if not curtailed and removed, \\'111 grow and spread; and WHEREAS, by reason of timely regulations and restrictions contained herein, the growth of slums and hlight may be prevented and the neighborhood and property values therehy maintained; and WHEREAS, the Collier County Board of County Commissioners linds it is important to protect and enhance the property values of the unincorporated County; and WHEREAS, the Collier County Board of County Commissioners finds it is important to heautify and preserve the appearance and aesthetic qualities of the neighborhoods to control population density, and 10 control parking and traffic facilities in the unincorporated COUIlty; and WHEREAS, the Collier County Board of County Commissioners finds it is nccessary to establish requirements for the minimal maintenance of vacant and boarded propel1ies to prevent blight in the unincorporated County; NOW, THEREFORE, BE IT ORDAfNE]) BY THIe BOAR]) OF COUNTY COMMISSIONEI~S OF COLLIER CONTY, FLORWA: SECTION ONE: TITLE This Ordinance shall be known and may be cited as the "Collier County Property Maintenance Code", SECTION TWO: PURPOSE AND SCOPE 2 ._",~~^,'_"_~___'O<"'~_'''_''''~___''''''~*'' ~",..<<," ,,'_" ~.~___."..,_",,'~_...'_, ~ '. __._>0_ 17C II I. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved and unimproved premises; to minimize impacts of constnlction: and provides ajust, equitable and practicable method to prevent: a. Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or weltare of the general public or their occupants; or b. Diminished property values; or c. Detracting from the appearance of the residential area. L The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as a dwelling or dwelling unit in whole or in part, and every portion of a commercial or non-residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was or is constructed, altered or repaired. SECTION THREE: GENERAL POVISroNS !. Afaintenance. Fquipment systems, devices and safeguards required by this Code or a prior code under \vhich the structure or premises \vas constructed, altered or repaired, sha 11 be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as othervvise specified herein, the O\Vl1er shall be responsible for the maintenance of buildings. structures and premises. 2. Application of other codes. Repairs. add it ions or alterations to a structure, or change of occupancy shall be performed in accordancc with the procedurcs and provisions of the code applicable at the time of construction. Nothing in this Code shall hc construed to eancel, modity or sct aside any provisions of this section. 3. Existing remedies. The provisions in this Code shall not be construed to aholish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. 4. RCLfUireme11ls not covered bJ' this Code. The Bui Iding Official shall determine requirements necessary for the strength, stability or property operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this code. 5. Deviation/rom Code. Where practical difficulties are prohibitcd in carrying out the provisions of this Coue, the Community Development Administrator or designee, in coordination with the appropriate licensed authority, if applicable. has the authority to grant modifications for individual cases. The modification sbal1 be in compliance with tbe intent and purpose of this Code and shal1not lesson health, 3 . . '.-""'-~."-'-~____._m___"_''''__''''''..__~,~..~_N'_.>....~._._~,_,__*__._._.__..'.",. 17C i' life and tire safety requirements. The basis for granting modifications shall be recorded and entered in the Department files. 6. Compliance. It shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated County to comply with the requirements set forth in this Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in contlict with the requirements of this Ordinance. 7, Conflict with olhercodes. The provisions of this article shall apply to all buildings, structures or premises in existence or built within the unincorporated County. Where the provisions of this Ordinance impose a standard different than that set forth in any other County ordinance or state law, the most restrictive standard shall apply. SECTION FOUR: DEFINITIONS When used in this Code, the following terms shall have the following meanings, unless the content clearly otherwise requires: I. ACCESSORY USE OR STRUCTURE o. a use or structure ofa nature customarily incidental and subordinate to the principal use or structure, and, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereot~ and not an accessory structure. 2. A TTlC - any story situated wholly or partly in the roof, so designated, arranged or built to be used for storage or uninhabitable space. 3. BOARD - Board of County Commissioners of Collier County, Florida. 4. BOARDING - the placement of plywood or some type of construction material as a temporary barrier to cover and obscure a window, storefront or access to a stmcture. 5. BUILDING - a structure of allY kind, which is built or constructed of parts joined together in some definite manner, which requires a fixed location on, or in the ground attached to something having a fixed location on or in the ground. 6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the Collier County Board of County Commissioners. 7, BUILDING OFFICIAL - the individual charged with the responsibility to admiuistrate, supervIse, direct, enforce, or perform the petmitting and inspection of construction, alteration, repair, remodeling, or demolition of structures and the installation of building systems to ensure compliance with the Florida Building Code. 4 --,-"-,._-~ -" --~--"-"--"""-"'~-'''-'''._--..- ~ "","~" W_._,"""_ ..', ~.,,~__..",,', ""~'<_"~"_~'_O_""."_~~~~'~_'_"'_ _, 17C II 8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida Statutes, 9. CODE ENFORCEMENT INVESTIGATOR - any authorized agent, representative, or County employee designated by the Housing Ollicial to ensure compliance and enforcement of the provisions oUhis Code. 10. CONDEMNA110N - the declaration by a Housing Official or designee that a property or structure is unfit for use or habitation or dangerous to person or other property pursuant to Chapter 553, ParI VI, Florida Statutes, with consultation from the Fire Depaltrnent, Health Department, Building Official, or other applicable agency. II. COUNTY MANAGER- County Manager or his designee. 12. DANGEROUS BUILDINGS AND STRUCTURES- all buildings, dwelling units or structures which are unsafe, unsanitary. untit for human habitation, or do not provide for adequate egress, or which constitute a lire hazard, or arc otherwise dangerous to human life, or which in relation to existing use constitutes a ha7ard to safety or health by rcason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be classified as anyone of the follo\ving: a. A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes a fire hazard; or b. A slructurc or dwelling unit, which in the opinion of the Health Inspector, constitutes a threat to the health of its oceupants or to the health of the general public hy reason of the unsanit,uy, infectious or defective condition of said building; or c. A structure or dwelling unit. which in the opinion of the Building Ofjlcial or designee or a Florida State Certified engineer falls below minimum structural standards; or d. A structure or dwelling unit, the interior walls or other vertieal structure members of which list, lean or buckle 10 the extent that plumb line passing through its eenter of gravity Calls outside of the middle third of its base; or e. A structure or dwelling unit, exclusive of the foundation, which evidences 33% or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or covering; or f. A structure or dwelling unit existing in violation of any provision of the Building Code or any other ordinance "fthe County. 5 "-~------"<~~~"-"-'-~"~~_~'____~""__'""_ ".....~_"...._..._.",~"'-_,,_"''''',.__,..w. 17G , 13. DEBRIS - any material which is stored externally or internally and shall include, but not be limited to the following; discarded household items; inoperative or discarded machinery, automobiles or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation, and other building material. 14. DETERIORA TION - a loweriug in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or any other evidt:nce or physical decay or neglect, or excessive use, or lack of maintenance, including the landscaping and parking areas. 15. DILAPlDA TED - substantial deterioration of a building or parts thereof, such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended. 16. DWELLING UNTT- A single unit within a building providing complete independent Jiving facilities for one or l11or~ persons including permanent provisions for living, sleeping, eating, cooking and sanitation. ] 7. ELECTRICAL CODE- National Electrical Code, as it may be amended or its successor. 18. FIRE TNSPECTOR - One certified to have met the inspection training requirements by the Division of Sate Fire Marshall of the Department oflnsurance. 19. GARBAGE - any animals or vegetable waste resulting trom the handling, preparation, cooking, and consumption of food, including food containers of any type. 20, GAS CODE- the Building Code revisions, as may be amended or its successor. 2 \, HABTT ABLE ROOM - a space in a structure for living, sleeping, eating or cooking, Bathrooms, toilet compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space. 22. ilEAL THTNSPECTOR - the Director of the Collier County Health Department or his or her designee. 23, HOUSING OFFICIAL -the officer charged with the administration and enforcement of this Code or a duly autborized representative or representatives. The Code Enloreement Direclor is hereby designated to be the Housing Official. 24. TMPROVED PROPERTY- real property, which contains a building(s) or other stmctural improvements. 25. INFESTATIOIV the presence within or around a structure of insects, rodents, or pests, which are detrimental to the public health, safety, and general welfilre of the residents or occupants, or neighboring properties. 6 _._'_.'.'-~~_.~-'"~-"._.._---"~_...__._-,_._._,-,,-_.," -~.."~<.~,,~-,_.~~.~-..."' 17C it 26. INOPERABLE VEHICLE(S) -. vehicles or trailers of any type that are not immediately operable, used fllr the purpose for which thcy wcrc manufactured, in need of mechanical or electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current valid license plates. 27. LOeIL ACENT OR O,"ER,1TOR a persoo or represontHti\e of a Borperatio&; j:1ftftnership, ftfm, joint veNture. trLJ~;t, association, organi~~ation or-Dtller cRtit), hllving his or her fllate of residence in Collier Count:.: fHlihiestgnatcd A)' tRIb ev.l1cr to mnintfrin such premises in emnpliance ',yith the-'l'ffivisi""s-Bf-tltis..OrdinaAee undcHIte--ReitlftJ...R..gistmtion Sectiun. THe owner lI1ay aet as the local agent so long as hef,;he. resides in-tHe-Ge-H-~ 27. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure. This term shall include, but is not limited to. any occupied or unoccupied structure, commercial structures or buildings, lI1ixed use buildings or structures that include both dwelling units and office or retail combinations, and every' other structure that is not a dwelling. 28. ^'VIS'ANCE- Unsanitary conditions or anything offensive to the senses or dangerous to health. 29. OCCUPANT - any person living, sleeping, cooking or eating Ul, or having actual possession of a dwelling unit, within the confines of any building or structure. 30. OPENABLE AREA - any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors, 31. OWNER.. the holder of the title of property, if fee simple, and any person, group of persons, company, association or corporation in whose name tax bills on the property arc issued, It shall also mean any person who, alone or Jointly or severally with others: (a) shall have legal title to any dwelling unit, \vith Of without accompanying actual possession thereof; or (b) shall have charge, of or control of any dvvelling unit, as owner, personal representative, executor, executrix, administrator, trustee, guardian of the estate of the o\vner, mortgage or vendee in possession, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to noti fy the actual owner of the reported infractions of these regulations pertaining to the propel1y, which apply to the owner. 32. OXYG/:,'N DEPLETION SENSING SYSTEM (ODSS)- an automatic pilot and shutoff system. Incorporates a pilot designed to be stable \vithin narrow conditions of operation, which is 7 17C ;1 designed to blow out or lift oft' under reduced oxygen atmospheres, resulting III gas shutoff by a companion valve. 33. PERSON- any individual, firm, corporation, association, partnership or other entity. 34. PLUMBING CODE - the Building Code revisions as may be amended or its successor. 35. PREMISES - a lot, plot or parcel of land, or portion thercof, including the buildings or structures thereon. 37. RENT,1L REG!STRATlONS the r{!g-i5teFi~fre"ideAti.1 rent.lllAils "ith the Callier CellA!)' Code Enforcement Dep'_. 3R. RE,YTAL ulv.Tr ;\ rental UBi! is any d',':elling I:llttt-tfiat L not a'Aner oeeupie4---btH occupied by _~onWOA.e other thnn the D'Sller for flay portion Elf a ealeA6af year. 37. RESIDENTIAL STRUCTURES - any dwelling unit Ot structure where any part is used or intended to be used for living, sleeping, cooking or eating. 38. RUBBISH.. any waste material other than garbage. 39. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including the window portion therein. The assembly mayor may not have an operable section to provide ventilation. 40. SPECIAL MAS+ER-MAGISTRATE - an attorney designated by the Board of County Commissioners pursuant to Chapter 162, Florida Statutes who has the authority 10 hold hearings and assess fines against violators of Collier County Codes and Ordinances. 41. STAIRWAYS - one or more flights or stairs and the necessary landings and platforms which fbrm a continuous and uninterrupted passage from one story to another, within or attached to the exterior of a building or structun:. 42. STORY.. that portion of a building including between the upper surface of any floor and the uppcr surface of the floor next above, except that the topmost story shall bc the portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above. 43. STRUCTURE - anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location 011 or in the ground. including, but not limited to, fences, buildings, towers, smokestacks. lItility poles and overhead transmission Jines. 44. SUBSTANDARD- any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creatcs a hazard to the health or safety of the occupants/public. Any such unit which lacks illumination. ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as wel] as unlit fllr human habitation and therefore substandard, except that it shall not be 8 ,~, "h'",_,,,__,,., . _,~._o,_~"...,.".., _,."....~_.._._;. __""_,~',___,_"'~',,,_,_~,,,,,"~,"~'.o.., .~_~",,-._....~,. '~_~m. 17C " deemed ,ub,tandard if built and maintained in accordance with the building code at the time of construction. 45. VENTILATION - the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwt:lling. 46. WEA THERPROOF - able to withstand exposure to weather without damage or loss of function. 47. WEATHERTlGHT. ahlc to exclude wind and rain under typical local weather conditions. 48. YARD -. an open, unoccupied space on the same lot with a bnilding, structure or dwelling. 49. ZONING ORDlNANCE. the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The \vord "shall" is ahvays mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculinc gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure", ';building", "dwelling unit"', or "premises" are Llsed in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS AU dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: ]. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (J) kitchen sink with counter work space, one (I) lavatory hasin, one (1) tub or shower, and one (I) commode, all in good working condition and properly connected to an approved water and sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every 9 17 C11 plumbing fixture and \-vater and wastewatt:r pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free frol11 defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower: and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES - Every dwelling or dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good \vorking condition and are capable of heating \\'ater to n temperature as to penllit an adequate amollnt of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. lIEA TING FACILITIES -- Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heatjng equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted fi-om a vented to an unvented heater shall not be used under any conditions. 5. COOKING EQUIPMENT.. every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES Every dwelling unit shall have adequate garbage or rubbish disposal Hlcilities or garbage or rubbish storage containers. 7. LIGHTAND VENTIL4TION.. Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. 8. BA THROOM.. Every bathroom of a dwelling or dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 10 ~ "._.._..'_;_,_____.~e..."'.,.~"..'^._ .. _'.'..e~'4.__...~_,~_........__~.,__..,.~._ ~~.,'~'._"..._~~__,,__."..~~.__, ,_'.~ 17C 'I 9. ELECTRIC LIGHTS AND OUTLETS Every dwelling or dwelling unit shall be wired for electric lights and convenience oUllets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWA YS - Every public hall and stairway in a structure containing three or more dwelling units shall be adeguately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be tumcd on when needed if continuous lighting is not provided. II. ELECTRICAL SYSTEMS - All tixtures, conveOlenee receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, mai11lained, and conncctcd to thc source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS _ all the following component or a dwelling unit shall be maintained in good condition. a, FOUNDA TJON - The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS -- Roofs shall be maintained in a safe manncr and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d, MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstmcted means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier Connty. e. A TTlC ACCESS - Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES- Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capablc of supporting a load that normal use may place ther~Oll, and ill accordance with the Building Code as enacted by Collier County. II ,.. ..'".......~_..__......-.'M_~______..__<__"...~...,,~~_.._., 17C l' g. PROTEC71VEIGUARD RAILINGS - Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS - Ilandrails shall be required in the manner preseribed by the Building Code. I, WINDOWS AND EXTERIOR DOORS ... Every window, exterior door, shall be properly titted within its frame, provided with lockable hardware, and shall be weather-tight and \\/catherproof, and maintained in good repair. Every \vindow required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, nnless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized bui [ding material and finishing the exterior \vith like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The hoarding shall remain in place no (onger than 18 months, unless an extension is granted by Code Enforcement Special Mastef b1agistr~te. .I. WINDOW SASH - Window sashes shall be properly filted and weather-tight within the window frame. k. HARDWARE - Every door shall be provided with proper hardware and maintained in good condition. \. SCREENS - Every window or other device used or intended to be used for ventilation whieh opens directly to the outdoor space shall have sereens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT - All exterior surfaees other than deeay-resistant woods shall be protected from the elements hy rainting or other proteetive eovering according to manufacturer's specifications. n. ACCESSORY STRUCTURE All accessory structures shall be maintained and kept in good repair and sound structural condition. o. INTERIOR DOORS - Every interior door shall be properly fitted within its frame. 12 17C , p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon, r. GUTTERS AND DOWNSPOUlS. Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed, 13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the minimum spacc footagc requirements ofthc Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code, 14, MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms and laundry rooms shall have a cciling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE.. all swimming pools, spas and architectural pools, ponds or other decorative bodies ofwator, not otherwise rcgulatcd by thc Health Depal1ment, shall be properly maintained so as not to create a safety hazard ur harbor insect infestation, Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, inclnding but not limited to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVA TlON- no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILITES- all residential properties mllst provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrctc, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like materiaL 18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, msting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. II 17C1' 19. SANITATION REQUIREMENTS. a. All public or shared areas. and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constlUcted, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard, c, All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit. building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS - All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act, SECTION SEVEN, RENTf.L RECISTIU.TJON R}:QUIIU:~n:NTS "~"!D PROCEDURES 1. When an) av, elliAg "nit is occupied b) -semeene o~her Hum the OWAer f{)r aH)' PArtiOR of a caleHdar) ear, a rebuttable ]'lresumptioA ari.;e,; that the dwelliAg "Ait is a rCRtal HAit. The preGHmptioA may-lJe rebHttea 8)' "videAce that the occupanc)' of the d\\elling uHit is due to hOllsesittiAg, hab)' sittiAg, pet sitting, or the lil~0. 2. REGISTR1\ TIm, OF RENT/\.L UNITS ItEQl!IRI:D The s....Aer(s) sf an)' reAtalunit shall rebister each rental unit v, ith-ti1e Collier COUIll) ConlAn",it)' De\'elopmeAt aAd EA' irenmental """""",s--A,ltt1ffH5l"lltof,Bf.his-<lestgRee.. uud .; IHII.kle&ignat<'rillHt\{fivid,litl.{tf.eltl#y-as-l!te-l_.<tl-Age_ Gf~BHh~Slere<l FeHlHl-ttntt-R-egi,tntti,}H-;;1mlI.he-ltlftt!e.-rwioHe-lhe-us<;+) fan:, d\\ e II i II g II II iHt5-fl FeItl~-HtHL ;...------AJ.I.l'lAC,^.T 10N-FOR-RHGIS'('R,\ TIO N PROC[.PI.' K LS ,'\I'plieat i olrfuH~flll-iet+ sfHH-1 be comf>>eted4t)f-t>Ac.J:rtHt~te(.Ht)-ttl€- 1111iJIl:i.rtltWffied Collic,-..f:.fflHtt'j-.-alid in accordfiHe~-with sueh instructions as-rnay--be--previded by the COffil11liflity Dc\clopmeI-lt aHa EA'.'iroflmefl.taI8cw.iees AJ.m...itt-f.stf'H4-Oi7-0f-fH";;-~~hJ-iHt.--4tt(-k.at-fr.ft'linHntHll...-1Jw-ft~I~+wi+tg-ttlfum-lft-t-t<-Hl-7 a. The Harne "Ad aadresses-am!-{eJephofle ,"um""rs 111' all owners of the reAtal Hnit. 14 17C " 1 ~-The name, local addres,; ana t.lepHene Aemeer Df tHe responsiele leeal agent or ~ e, TI:e n'''!leer of renlal units and the aaaress (es) of eaeh reA tal snit d, THe nam.....nd address Bfan) mortgagtH~ I. LOC"-L ,"-GENT OR OPER,'.TGR-'A-pe~1>Sentati\e efa corpomtion, partnership, firm, joint '/enture, trust, ussDoiation, organization or-other emit), having-his Elf her j3laee of residence or lm:;ine.;s in Collier CDlmt). de&igilBtea e) tHe owner to operate and/or manage seeh premises in aceordancc--wit.Jr4e-tolhJ"sing pro', i:;~ a. Loenl .'.gent or Operator-Reqeirement.; THe Leeal ,'.1;ent or Operator must ee an indi\ iduf11 'SAD resides \, itfHft-Gollier County BAd is a minimum ef 1 & years of age, J. local eusiness eAtity possessing a Collier COURt) Oeeupational License" ho is registered ',' ith-an4 1010'''' A e) the Floriaa Departmellh>f.&ate; or the property owner, pro',ided he/sRe is a residellt of Collier Coun~eal estate agent-eF-brok_B/'-tRe oWller 31,"11 not ee deemed a "Loeal-Ageffi'2 for parposes oftltis-seetien-llflIess "aid real estate agent or erol;er is re1;istered in aecordanee ,...ith t-ffis seetioR. b. Duti.s nnd Responsibilities The designated Local ,'.geAt or Operator shall at all times ensare the rentaluAit(s), for wltieh he is responsiele, is in compliaAee ','. ith all Collier Coent)' Code.; and-GHlffiallces. The Lecal .'.gent or Operator shall ee ,ested ,/, ith the autherit)' t'll reeeive Aetices of violffiiBfl-aAd-4a11 be vested" ith the aUlOOflly-le-coAsent to aeeeos to sueh residellce (0 dnly anlhori~~'fieials eonducting in.;pootffins-neeessary to ells"", OOflljHianee-wi#rtfle-te""s-BHhis Ordinance. ,',11 offieial Aotiees ofylelation of all Csllier Geunt) Codes and Ordinance:; is;ned to tAC Local :\8eAt or Operator sAal1 be deemed to ha, e eeell served UpOA the 0'.' Aer 0 f-fe<lflffh c. PrBtJert)' O\', ner and Local ,"-gent ,"-greement An)' pers8n(s) or entity Gesignflle4-1->y-lhe prepel1) owner(s) to aet as Looal ;\gent or Operator ,"usl accept the doties alld resl'oosibHities .s set fOl1h iA this OrdinaAce. SacR aeeeptunee sRall ee indleutea 8)' 'Mitten agreement-llY-ilfld-be1weell the we pert) oWAer(s) and the named Loeal ,'geAt or Operator, 'NAie-l, ~lt..red-en-tRe-aPl'hcatioA for Rental Dwelling-Yffit Registfiltion, Withdra','lll ef seeR an-agreement shall resalt-in-revBefltien-,,/'-said re1;istralion. Failor. 18 provide said agreement shall he greends te refuse is,:eanee of Renlal-Yn*Registration thereh) constitutiAg a violatieA of ~ 5. TER.',4S, EXP+RA.TION, RENEW,'LS AND TR,'NSFERS ReAtalllnit registratioA eenifieales shall Be issued fer fl peried of one (1) )'ear. Said registratioA shall be updated-aJmually on or bef."re JURe 30". Delinquent registrHtioAs \\ ill result in a daily peAalty as estahlished BJ resolatien efthe 15 17C , Boara of CO"'1t)' ComAlissioAers, Shoula a ehaAge "eeHr in OWA","h;!, or LBeal ,"'gent "r Operator information, a transfer or sHpplemel1!al registratiBA shall ee filed with th. ComnHlRit) D8,el"pmeAt aAa Environm<Ata! Services Di'.isiOl: within teA e I G) aEle) S of sHeh ehaAge b) the proper!) 0" Heres). /\H)' change in owAeffilHfTBf..boc'll:!-AgenH.1r OperatN-infBt1flat';HA v, ith"ut notiee to the COHmy shall ,e"Hlt iA re'iocatioA or caneellat.jon-of-said-.registratiHn-an4-s!ltlIl-oo-deeme<l a violatioA of this OraiAanee. Ii. RHIT.\l. UNIT INSPECTIONS /\11 reAtal-uH;ts registered" ilh Collier COeA!)' may be iHspe6tea, fDr aA additional fee, ey the Ilousing Onicial, or de5igAee, iA aeeordaAe. with Ihis Ordinance to ensure the housing cOAdjtion~; and surrounding premises are in eOAlflliaflCe with the Ceaes ~-C-{)IIief..Ceunty,--A1I nail compliaAt conditions shall reselt in . failed inspecti"A aAa denial ora rentallinit registratiell eel1ificBte. t>!otiee 01'1110 non eomplisflt conditions \\illl3e proviaed to tne 8?Her aHa agent and sHeA eomiitiells shull require correction in a timel:, manner. Rep~atod !lOR complianee with aA)' Code affecting premise shall require an anl1liaHflSpection uAtil the premise has been found free of violations for at least two-f~teotlseoutivc years. 7. RFVOC,^,TION I C.\~iC[LL\TION The Collier COHnty Communi!)' De','elopmeAt aA(4 Environmental Serviees Di", ision ,'\aministrater, or his clesignee,tnay re'.'oke or eaned a registration eH-th-e-futlov. iAg grounds: I) informHtion containefl....ett.-the rzglstratioll is false or fnaterial facts 118':8 beeR omitted, 2) a per.~on or~Jl:J5mes~, re;istered under this section has ','ioluted GeUl'lt)' !u'r\s or Ofainaflees for the proteetioA of the pHillie health, ,det) , or ",,<lfare and it is determined that the-contimled rental r-egistratioA wOHld ee detrimeAtal to the puhlffi-health, safety, or welfare, or 3) payment of reAlal registration fees are dishollored-bY-irfinan~'-iaI-iflstitufi<m.~{)OOli__ceIIatiofl of registrutitm-shall constitute un unregistered reranl unit, 8. APPE.\LS TO REVOCf,TION/ C.\~ICEl.Lf,T10N OF CERTIFICA TE Prior to the SECTION EICHT SEVEN: ESTABLISHMENT OF HOUSING OFFICAL ..DESIGNA TION; POWERS AND DUTIES There is hereby established the position of Housing Omcial who is hereby charged with the duty of administering the applicable standards sct forth in the Ordinance and securing compliance with the minimum Housing Standards set forth in this Ordinancc. Thc Codc Enforcement Director is hereby designated to be the Housing Official establishcd by this section. The Housing Official is hereby authorized to: I. Conduct inspections 01' take other appropriate action to require compliance with this Ordinance; 1(, ,.. '_'''___'''~...n _'''<___~'__''_~___""<C'~'~''__ '''~''_.__'._,". "_~_>_'~"""~__'''''''''''__''-'-''''''''.'_~~____'~'"_'_'~~"",~.,.~c,_ 17C 'I 2. Investigate alleged violations of this Ordinance and to enter upon real property in the conduct of official business; 3, Issue notices of violation and written demands to correct violations ofthis Ordinance; 4, Initiate any and all other criminal or civil cnforcemcnt action as may be authorized by law to require compliance with this Ordinance; 5. Appoint Code Entorcement Investigators to assist with the enforcement of this Ordinance. SECTION NINE EIGHT: INSPECTION OF STRUCTURES AND PREMISES, I. Complaint-driven-<ll', requested ,or inspector initiated inspections of properties subject to this Ordinance~ shall be conducted by the County to ensure that such properties are in compliance with the provisions of this Property Maintenance Code. Ithis provision shall not be interpreted as authorizing the County to conduct inspections of properties without the consent of the owncr or occupant or without a warrant. The County shall charge the property owner a fee for each unit inspected consistent with the CDES Fee Resolution. In securing consent, or at the time of inspection, the Housing Official or the Codc Enforcement Investigator shall present County-issued identification and shall explain to the owner, occupant or operator the purpose of the inspection. 2. If the inspection of a property reveals violations of the provisions ofthis Property Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units. 3. For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection \yarrant, a random sampling of the properties will be inspected as follows: a. J to 4 units, all units; b. 5 to 10 units, 50% of units; c, I I to 29 units, 20% of units; d. 30 to 49 units, 15% of units; e. 50 or greater, ifone location, 5% of the units with a maximum of20 units. In the case of 50 or greater units, if the Housing Official finds one or more serious, health, safety or habitahility violations in 5 % ofthc units, the Official may ask to inspect more units to a total of 100% of the units in the development community. The Housing Official may assess a noncompliance inspection fee of $50.00 per unit inspected, per re-inspection, if any violation still exists after allowance of a reasonable time period for compliance. 17 .0. _...~.....",._.,.__.._.~._,,_,,_~ ~"__'""'~_'__~._,.,~~,~._~,_,.__~_________.....". 17C f 4. The Housing Ortieial and all appointed designees are authorized and directed, in accordance with this Section, to enter and inspect dwclling units, buildings, structures and premises to determine their eondition in order to assure compliance with the provisions of this Code or upon receipt of complaints or when the Housing Official has cause to believe a violation of this Code exists, Inspections shall take place during the regular business hours of Collier County Government, or at a time mutually agreed upon by the llousing Official and the owner, operator or occupants, Should the owner, agent, operator, or occupant fail to make the mutually agreed upon inspection, a final inspection must be obtained within 30 days of the original inspection date, 5, The owner, operator, occupant or other person in control of the dwelling unit, building, structure or premises shall, upon conscnt, allow thc Housing 011icial or designee free and unrestricted access to all areas subject to the provisions of this Ordinance for purposes of a full aud complete inspection. In the event that the I-lousing Official or designee is denied access or cannot obtain access to a dwelling unit, building, structure or premises for purposes of inspection, the Housing Official or designee is authorized and directed to seek and obtain an inspection wan-ant authorizing entry and inspection pursuant to Chapter 933, Florida Statutes, as it may be amended or replaced, SECTION +EN NINE: NOTICE OF VIOLATION PROCEDURES, Whcnevcr the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken: 1. The Housing Otlicial or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises, Such written notice of violation shall include the following: a, A description of the location of the structure involved, either by street address or legal description; b, A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c, A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon \vhich the violation is based; d, If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e, If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to he made; 18 17C , f. If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that eJTecl and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; g. The name or names of persons upon whom the notice of violation is served as stated in subsection (2) of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Omcial taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be either personally served upon the owner or served by certified mai I, return receipt requested, at the address of the owner as listed in the tax collector's office for tax notices. lfa notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place of the premises at \vhich violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be eonsidered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time pcriod having lapsed. ~;er\'ice OA the 0'>\ Aer's agcltH>HljJerator at tAe nddress-.J.i5ted.-ffi ()'^ ner's Rental Registration llJ'f'HooIieA by first e1asc, mail :;Aall ,ubAitute-for sen ice 0" tAe OWAer. If the owner does not occupy the premises, a copy oCthe notice oCviolation shull also be provided to the occupant of the premises. 3, The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building structure. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises arc unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilat.ing any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance. SECTION ELEVEN~: METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS If an appropriate person, as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure, he shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official. The Housing Offieial shall thcnl10tify the owner of the offending property, in writing, and 19 17C , demand that said owner cause the hazardous condition to be remedied. The notice may be either personally serviced, upon the owner or served by certilled mail, return receipt requested, at the address of the owner listed in tax collector's omee for tax notices. [fthe building or structure is occupied, the I-lousing Oflicial shall also causc a copy of the notice to bc provided to the occupant or occupants of the property, or upon the Agent or Operator. In the event that personal service upon the owner or his Ageut or operator, cannot be performed after diligent search, then service shall be accomplished by physically posting the notice upon said property at which the violations arc located and at the County courthouse at least] 0 days prior to the hearing or prior to the expiration of any deadline contained in the notice Posting of the premises shall be considered adequate even if the notice is removcd by the owner, operator, occupant or any other unauthorizcd or unidcntified pcrson prior to thc 10 day time pcriod having lapsed. After scrvice of the notice, the owncr shall have 30 days to remedy the hazardous condition after obtaining all applicable pemlits, or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Omcial's delermination of the existence ofa hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master Maeistrate ofCollier County within fifteen (15) days from the date of service of the notice. The notice shall be in substanrially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: ADDRESS OF OWNER: Our records indicate that you are the owner(s) of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses, and I have found and determined, that a hazardous and dangerous building exists thereon so as to constitute a threat 10 the safety of its occupants and/or the general public of Collier County. The specillc hazards are as follows: (Describe / list hazardous conditions) You are hereby notified that unless the above dangerous couditions are remedied, so as to make the property in compliance with this Ordinance within thilt)' (30) days trom the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board (CEB) or (Special Maslef Magistrate of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB /Special Mastef Magistrate within filleen (15) days from the date of this notice. 20 17C - , SECTION TWELVE ELEVEN: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILIHNG BV THE COUNTY If the owncr fails to rcpair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within lifken (15) days of the final dctermination by the Bea<<I Code Enforcement Board or Special MaRistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the f()lIowing: a. Whether the interior walls or other vertical structure mcmbers list, lean or buckle fo the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non-suPP0l1ing, enclosing, or outside walls or covering, exclusivc ofthe foundalion. evidences 33% or greater damage to or deterioration; or c, Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is dcemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. SECTION THIRTEEN TWELVE: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BV COUNTY I. If the owner fails to remedy thc hazardous condition, the County shall remedy the hazardous condition and notify the owner of the expense incurred by certified mail, return receipt requested at the address of the owner as listed in the tax collector's ofllcc for tax notices. The Housing Ofllcial shall then certify to the Bea<<I.of.Gmmtj Commi3sioHef5 CodeLnforccment Board or Speci,!! Magistrate the expcnse incurred in remedying the violation, whereupon such expense shall become payable within thirty (30) days. [fthe owner fails to pay the expensc incurred within the prescribed time limit, the Bea<<I <;;~1ik..Ent'orc~ment .e~Q.ard or SpeciaI1l1.?gistrate.shall O"""e a resolutionlo he adopted assessing a speciaJ- aJien and eharge upon the property which shall be payable with interest at the legal rate as of the date of certification by the Hosing Offieial. The notice of assessment shall be in substantially the following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: _.________.____ ADDRESS OF OWNER: Y Oll, as the owner of record 01' the following property; (Describe propel1y) 21 17C I~ 1 Are hereby advised that Collier County, Florida did on the _ day of ,20_, order that the hazardous or dangerous condition which existed on the above property be remedied, and sending you notice thereof, the specific hazards being: (Itemizc Hazards) A copy of such notice has been sent to you. You have failed to remedy the hazardous condition; whereupon, it was remedied by Collier County at a cost of$ __; such cost, has heen assessed against the above property, in the same manner as a tax lien in favor of Collier County on __. ...u..._ . .' 20 ___' You may request a hearing before the Board of County CE1fFll'Aissiener,: ~<),Q,~.E!:lJQT~__~_D]_~.J_HJ3Q?_r9.__Q!1ipccial Magistrate to show calise, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said fe~Hest fer Rearing shall 13e IFlade to the Cieri, of the Board of Geunty Cenm,issioeer in 'MitiAg ....ith;R teR (10) days from the date of this notiee, Such lien shall be enlorceahle in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office ofthc Clerk of the Circuit Court and recorded among the public records of Collier County, Florida. 2. If the owner feels that the expense certilicd by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amollnt assessed by filing a written notice of appeal with the County Manager, with a copy to the Housing OHlcial, within ten (10) working days after the notice of assessment. The owner llIay then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be linal. 3. The Property Appraiser shall keep complete records relating to the amount payahle for liens, ahove described, and the amount of such lien shall be incloded in tax statements thereafter submitted to the ovvncrs of lands subject to slIch liens. SECTION FOURTEEN THIRTEEN: NOTICE FOR THE V ACA TiON OF HAZARDOOS BOILDlNGS If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Ma&tef l'0agistrate may order the building to be vacated. SECTION FlF.TEEN FOURTEEN: RESPONSiBILiTY FOR PROPERTY MAINTENANCE ~~ 17C f Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property, SECTION SIXTEEN FIFTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIJ)ENTIAL STRUCTURE, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: ]. Nonresidential Structures: a, All nonresidential structures shall be watertight, weather-tight, inseet-proof and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. c, Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be so drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent- proof and shall be maintained in sound condition and repair, and secured with propcr hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that nonnal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition, free from defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition. \. Every supplicd facility, piece of equipment or utility which is required under this chapter shall be so constructcd and installed that it will function safely, and efTectively, and shall be maintained in good working condition. 23 17C , J. All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted or both. All siding shall bc weathcr-resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonrcsidcntial property in vicw of the general public. I. E<lel'ior Lighting. All outdoor lighting shall be in compliance witb the following: a) non- vehicular light sources that shine into the eye of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) alllightiug shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m, Landscaping maintenance. Where landscaping plans have been specifically ineorporated and approved in a development plan, the landseape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory struclures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition, Maintenance of accessory structures shall comply with the following: (1 )The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition, (2)Signs shall be maintained in good condition, Whcre the sign structure remains, the sign faces are to be placed with black panels (permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3)AII advertising structures, awnings and accompanying support members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in aceordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supp0l1ing members sball be removed. Where supporting members have beeu left from sign removal prior to adoption of this article, sueh supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any eneroacbments on streets, sidewalks or other parts of the public right-of~way, (4)Where parking areas are to be barricaded to prohibit vehicular travel, it sball be aceomplished by installation of parking bumpers pinned to the pavement. 24 17C i' 2. Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, induding yards, lav\.'l1, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free from the excessive growth of weeds, grass and other t1ora. c. Every owner of a building, structure or lot, previously improvcd or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d, Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, strueture or lot shall keep the premises reasonably free from rodents, insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building. structure or lot. vacant or occupied, shall be responsible for removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti from the building's exterior. j. All signs must be maintained and comply with the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the. building to remove any shadowing created by the removed SIgn. k. All materials used to board or secure a vacant building against enuy shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. \. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. 111. Whenever any ground floor windo\v of a vacant commercial storefront is found to be shattered, cracker, missing or broken, the owner of such building shall repair or replaee the window. 25 17C t n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any itern(s) be placed, abandoned or allowed to remain in allY right-of-way. SECTION SEVENTEEN SIXTEEN: CEUTIFICA TE UEQUlUED FOU BOARDING BUILDING I. A cel1ificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwise secure such openings by a means other than the conventional method llsed in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of the steps necessary for the issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued by the cOllnty. 3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a written application by the O\VlIcr of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement Investigator, that the boarding or other method of securing the building or structure has been done in compliance with this ordinance. 4. The boarding certificate issued pursuant to this section shall authoriz.e the boarding or other securing of a building or structure for a period of no greater than six months from the datc of the issuance. Rcnewal of the boarding certificate may be granted by Code Enforcement Director or designee after the initial six-month period for an additional six months. A property owner or his representative or contractor seeking renc\val ofthe boarding cCliificate must file \vritten request with the Code Enf()fCement Department 110 latcr than ten business days prior to 1he expiration of the original certificate. The issuance of a renewal boarding certificate shall be subject to all of the following conditions: a. The boarding or other method of securing the building or structure has been done in compliance \vith this Ordinance, as confirmed by a Code Enforcement Investigator after inspection of the building or structure by the investigator. b. The owner or his authorized representative or contractor has submitted to Code Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for 26 17C '_ correction, repair, or rehabilitation of violations of state or local building and housing standards and for the securing of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a detailed plan for sale ofthc propclty to another person or entity with provision in the sale of correction, repair, or rehabilitation c. The owner or his authorized representative or contractor has submitted to Code Enforcement, prior to the hearing, a time line for applying for all appropriate pennits for such work and for completing such work prior to the expiration of the renevval certificate or, alternatively, a time line for the sale of the property d. The renewal certificate may be revoked by the Code Enforcement Board or Special Mastef Magistrate if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. S. A hoarding certillcate may not be extended beyond the renewal period except upon demonstration that good cause for the renewal exists. Good cause shall require a sho\'v'ing by the owner that the cCliificatc renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain financing for repair or rehabilitation, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall also require a showing by the o\-vner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Mastel' Magistrat.; determines that there exists good cause to renew the certilicate, the ccrtillcate may he renewed by the Code Enforcement Board or the Special Mastef Magistrate for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certificate, 6. No occupicd building shall be permitted to he boarded for a period greater than 60 days. SECTION EIGHTEEN SEVENTEEN: NUISANCES SPECIFIED It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unocenpied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance \vith this Ordinance, SECTION NINETEEN EIGHTEEN: STANDARDS }'OR SECURING BUILDING I. Compliance with county ,pecifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional 27 17C ~ method Llsed in the original construction and design of the building or structure, shall comply \-vith the specifications as required by this Ordinance. 2. Addilional requiremel1ls. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements: a, All electrical service to the building or structure shall be shut off for safety precautions. Compliance with this subsection may be waived in writing by the Building Official or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structure for which there is an active and current building penn it. b. The sewer shall be capped in a manner approved by the County so as to prevent the accumulation of methane gas in the building or structure. c. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and sol id waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. SECTION TWENTY NINETEEN: EXCEPTIONS TO BOARI>ING REQUIREMENTS A boarding certificate shall not be required in the follo\ving circumstances: 1. Temporary emergency situations, including, but not limited to, an activation of a Local State or Federal response plan, hUlTicane preparation and damage caused by local weather. 2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to an order rendered by the CEO. 3. County-initiated boarding and securing, SECTION TWEN-T-Y-ONE TWENTY: OF LIEN COSTS INCURRED BY COUNTY; ASSESSMENT All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall be charged and billed to the person in violation of this Ordinance Unless payment is made within 30 days of such billing, tAe Board ot'C8unt) CBmmi:iC,ioAer" may,by-tlte-a~H>f-a-.'~en levying s8eA eltarges-illl4-i>dministrati\e fees the C,Q<le Ent()rcement Board or Sm:cia1 Ma~istrate shall assess against the property a lien in the amount of the charges outstanding. Assessment liens levied in this manner shall be tiled with the Clerk of Courts and in the public records of the County as a lien against ,the property and 28 17C shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such assessmcnts shall bear interest at the legal rate and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed. SECTION TWENTY TWO TWENTY -ONE: _NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE 1. The Secretary to the Code Enforcement Board or Special Master Magistrate shall send out a Notice of Hearing to the OWner or his anthorized representative by either certified mail, return receipt reqnested, hand delivery npon a party, posting on the property and at the courthouse, or in any manner anthorized as provided by the Ordinance establishing the Code Enforcement Board or Special Mas!ef Magistrate, as appropriate. The Secretary to the Board shall provide Notice to the owner as herein provided at least ten (10) days prior to the hearing at which the revocation consideration will be presented, A copy of said Notice shall be sent to the supervisor of the Code Enforcement Investigator involved, the Code Enforcement Investigator involved and if applicable, the attorney for tbe Board. 2. The Notice of Hearing shall inform the property owner that he or she is permitted to provide an evidentiary packet of information to the Secretary to the Board or Special Master Magist@1!' for distribution prior to the Hearing. In order to have the information provided to the reviewing body prior to the Hearing, the property owner should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board shall distribute the evidentiary packet to the reviewing body. If the Code Enforcement Investigator intends to provide an evidentiary packet prior to the Hearing, the evidentiary packet must be delivered to the property owner along with the Notice of I Iearing. 'rbe Secretary to the Board shall not deliver his or her evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or until the deadline hy which the owner's packet of information must be received by the Secretary has passed. If the owner timely delivers his or her evidentiary packet, the Secretary to the Board shall deliver all preliminary evidentiary packets together. SECTION TWENTY nmEE TWENTY-TWO: REPEAL OF COLLIER COUNTY ORIHNANCE NO, 76-70; ORDINANCE NO, 89-06; ORDINANCE NO, 96-76; AND ORDINANCE NO, 99-58, Collier County Ordinance No. 76-70 relating to Dangerous or Hazardous Buildings; Ordinance No, 89-06 relating to Minimum Housing Standards and Ordinance Numbers 96-76 and 99-58 relating to Rental O\velling Unit Registration Requirements arc hereby repealed in their entirety and superseded by this Ordinance. 29 17C SECTION TV!ENTY FOUR TWENTY-THREE: PENALTIES, If any person, firm or corporation, whethcr public or private, or other entity fails or refuses to obey or comply \vith or violates any of the provisions orthis Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500,00) or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion oflhe C01ll1, Each violation or non-compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing hereiu contained shall prevent or restrict the County trom taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non- compliance. Sueh other lawfili aclions shall iuclude, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special M"oter Magistrate established pursuant to the authority of Chapter 162, Florida Statutes, All remedies and penalties provided for in this Section shall be cumulative and independently available to the Connty and the County shall be authorized tu pursne any aud all remedies set forth in this Section to the full extent allowed by law, SECTION ~ TWENTY.FOUR: LIBERAL CONSTRUCTION, This Ordinance shall be liberally construed 10 effectuate its public purpose. SECTION TWENTY SIX TWENTY-FIVE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES, The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such~ and the words "code" or "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TWENTY SEVEN TWENTY-SIX: CONFLICT AND SEVERABILITY, In the event this Ordinance conllicts wilh any olher ordinance of Collier County or other applicable law, the more restrictive shall apply. Ifany phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, slIch portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 30 17C SECTION TWENTY EICRT TWENTY-SEVEN: EFFECTIVE DATE, This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ________ ,2009. ATTEST: DWIGHT BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLlER COUNTY, FLORIDA BY: ~----~--~-~--- Maureen Kenyon, Deputy Clerk BY: Donna Fiala, Chairman Approved as to form and legal Sufficiency: Jeff Wright Assistant County Attorney 31 17'(: Acct. #068782 December 22, 2009 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 Re: ORDINANCE ESTABLISHING A PROPERTY MAINTENANCE CODE Dear Legals: Please advertise the above referenced notice on Friday, January 1, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office, Thank you, Sincerely, Martha Vergara, Deputy Clerk P.o. #4500110972 17Ct' . , H " NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 12, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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 ESTABLISHING A PROPERTY MAINTENANCE CODE FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE; PROVIDING FOR PURPOSE AND SCOPE; PROVIDING GENERAL PROVISIONS; PROVIDING DEFINITIONS; PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH HOUSING STANDARDS; PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES; DESIGNATING THE HOUSING OFFICIAL POWERS AND DUTIES; PROVIDING FOR INSPECTION OF STRUCTURES AND PREMISES; PROVIDING FOR NOTICE OF VIOLATIONS; PROVIDING A METHOD FOR DESIGNATING HAZARDOUS BUILDINGS; PROVIDING FOR STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, PROVIDING FOR THE ASSESSMENT OF COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO THE OWNER WHEN ABATEMENT EXECUTED BY THE COUNTY; PROVIDING FOR THE VACATION OF HAZARDOUS BUILDINGS; PROVIDING THE RESPONSIBILITY FOR PROPERTY MAINTENANCE; PROVIDING THE RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURES, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS; REQUIRING A CERTIFICATE FOR A BOARDED BUILDING, PROVIDING FOR NUISANCES; PROVIDING STANDARDS FOR SECURING BUILDING; PROVIDING FOR EXCEPTIONS TO BOARDING REQUIREMENTS; PROVIDING FOR COSTS INCURRED BY THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING FOR A NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE; REPEALING COLLIER ORDINANCES 76-70, 89-06, 96-76 AND 99-58; PROVIDING FOR PENALTIES; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection, invited to attend and be heard. file with the Clerk to the All interested parties are 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 5 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, 17C r 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 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. to 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252~8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17C Martha 5, Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Tuesday, December 22, 2009 3:44 PM Naples Daily News Legals Ord. Establishing a Property Maintenance Code Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code (1-2010).DOC Legals, Please advertise the following attached ad on Friday, January 1, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha, verqa ra@lcolliercierk,com) 17C Martha 5, Vergara From: Sent: To: Subject: Attachments: Martha S. Vergara Tuesday, December 22, 2009 3:44 PM Naples Daily News Legals Ord. Establishing a Property Maintenance Code Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code (1-2010).DOC Lega Is, Please advertise the following attached ad on Friday, January 1, 2010, Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha, verqara@collierclerk,com) 1 17C Martha 5, Vergara From: Sent: To: Cc: Subject: Martha S. Vergara Monday, December 28,200910:50 AM Naples Daily News Legals Patricia L. Morgan Please Kill the following ad sent on Wed. of last week (Ord. Establishing a Property Maintenance Code) Ord. Property Maintenance Code (1-2010).doc; Ord.Property Maintenance Code (1-2010).DOC Attachments: Please Kill the following ad sent on Wednesday last week. I will resend as soon as the County Attorney completes the corrections to be made.. Please send an ok to verify killing the ad.. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra@lcollierclerk,com) From: Martha 5, Vergara Sent: Tuesday, December 22, 20093:44 PM To: Naples Daily News Legals Subject: Ord, Establishing a Property Maintenance Code Legals, Please advertise the following attached ad on Friday, January 1, 2010. Send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra@lcollierclerk,com) 1 Martha 5, Vergara From: Sent: To: Subject: Attachments: Importance: 17C Heredia, Blanca [BEHeredia@Naplesnews.com] Monday, December 28,200911 :12 AM Martha S. Vergara Ad Confirmation UAS47A6.jpg High BEEN KILLED AND WILL NOT PRINT, NOTICE HA5 THANK YOU, BLANCA Thank you for Date Publication Account Number Ad Number Total Ad Cost placing your ad, 12/28/139 NDN 7441135 18323413 $13,1313 1 17C Martha 5, Vergara From: Sent: To: Subject: SerranoMarlene [MarleneSerrano@colliergov.net] Monday, December 28, 2009 11 :55 AM Martha S. Vergara FW: see revised title below Martha, Please find below the revised title for the advertisement. Thank you so much for your assistance in this matter. If you need anything else, please let me know. Thanks, Marlene Serrano Operalions Manager Code Enforcement Department Office 239-252-2487 Fax 239-252-3926 From: NeetVirginia Sent: Monday, December 28,200911:54 AM To: 5erranoMarlene Cc: KlatzkowJeff; WrightJeff Subject: see revised title below AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOllS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOllRTEEN, NOTICE FOR VACATION OF HAZARDOllS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY- TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, 1 17C ".~ , -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Virginia A. Neet, Legal Assistant Office of lhe Collier County A1torney Telephone (239) 252-8066 - Fax (239) 252-6600 ;ci(i((;;,SC;,)(!i onki lliq'~~}fi. !.:\1" e.,nii'l addlc;;-; in ;;\~rCll~,(' iel d pu~_'ii( r",'UXc!s ft~q,H<;i. (~n :iul :;i'(;-' nll-) 2 Martha 5, Vergara l1C From: Sent: To: Subject: SerranoMarlene [MarleneSerrano@colliergov.net] Monday, January 04,20108:15 AM Martha S. Vergara RE: see revised tille below I thought the paper said yesterday that it was ok, as long as we send it before 12 noon? My boss is not going to be happy about it, but I guess if it can't be done, it can't be done.. Thank you for all your help. I appreciate it. Marlene Serrano Operations Manager Code Enforcement Department Office 239-252-2487 Fax: 239-252-3926 From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk,com] Sent: Tuesday, December 29,200911:20 AM To: SerranoMarlene; NeetVirginia Cc: Patricia L. Morgan Subject: RE: see revised title below Importance: High Marlene, Naples Daily sent an e-mail this morning saying that this ad can't run on January 1", the earliest it can run is January 3'0.. that will not give it enough time to run as required. This ad will have to be moved to next BCC Meeting on January 26'" to meet the required advertising time. If you have any question feel free to call our office. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha, verqara@lcollierclerk,com) From: SerranoMarlene [mailto:MarleneSerrano@colliergov,net] Sent: Monday, December 28,200911:55 AM To: Martha 5, Vergara Subject: FW: see revised title below Martha, Please find below the revised title for the advertisement. Thank you so much for your assistance in this matter. tl1C I" NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 12, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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. 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OF DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard, file with the Clerk to the All interested parties are 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 5 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. 17C 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN DWIGHT E, BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) 17CIJi1\ Martha S, Vergara From: Sent: To: Subject: Martha S. Vergara Tuesday, December 29, 2009 11 :26 AM 'Heredia, Blanca' RE: Ord. Amending Property Maintenance Code Thanks for letting me know Blanca, I am checking with the County Attorney... it may have to be pushed to another date... if it is I will let you know ASAP.. Thanks again, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. veraa ra(Olco Ilierclerk,com) From: Heredia, Blanca [mailto:BEHeredia@Naplesnews,com] Sent: Tuesday, December 29, 2009 10:55 AM To: Martha 5, Vergara Subject: RE: Ord, Amending Property Maintenance Code Importance: High At this point we can print these notices on January 3cd Please let me know if that's ok ASAP. Thank you, CJ3(anca CE, J{ereauz Napfes (])aify News 1100 I mmofigfee '!Wad Napfes, 'FL 34110 'Te[ 239.263.4710 6efzereaUl@napfesnews,com From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk.com] Posted At: Monday, December 28, 20094:09 PM Posted To: Legals - NDN Conversation: Ord, Amending Property Maintenance Code Subject: Ord, Amending Property Maintenance Code Lega Is, Please advertise the following attached ad on Friday, January 1, 2010. Send an ok when you receive. Thanks, 1 Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha, verqa ra@lcollierclerk,com) 17C Please visit us on the web at \vww.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 emailinghelodesk(ci.lcollierclerk.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. 2 Martha S, Vergara 17Cll From: Sent: To: Subject: Martha S. Vergara Wednesday, December 30,20098:08 AM 'Heredia, Blanca'; Naples Daily News Legals RE: Ord. Amending Property Maintenance Code Blanca, Please Kill the ad.. the Code Enforcement Department will have to change the meeting date to meet the required days of advertising. If you have any question please call the office. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha. verqa ra(CiJcoll ierclerk,com) From: Heredia, Blanca [mailto:BEHeredia@Naplesnews,com] Sent: Tuesday, December 29, 2009 10:55 AM To: Martha 5, Vergara Subject: RE: Ord, Amending Property Maintenance Code Importance: High At this point we can print these notices on January 3,d Please let me know if that's ok A5AP. Thank you, (]3fanca p" J{ereaw :Napks rDaiEy :News 11 00 I mmo/i,slfee '!Wad' :Napks, 'FL 34110 'Tef: 239,263.4710 6efiereaUl@T1ilpfesnews,com From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk,com] Posted At: Monday, December 28, 2009 4:09 PM Posted To: Legals - NDN Conversation: Ord, Amending Property Maintenance Code Subject: Ord, Amending Property Maintenance Code Legals, Please advertise the following attached ad on Friday, January 1, 2010. Send an ok when you receive. 1 Thanks, 17Cll Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha, verGara (ijJcoll iercierk,com) 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 emailinghelodesk@lcollierclerk.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. 2 If you need anything else, please let me know. 17C I;" Thanks, Marlene Serrano Operalions Manager Code Enforcement Department Office 239-252-2487 Fax 239-252-3926 From: NeetVirginia Sent: Monday, December 28,200911:54 AM To: 5erranoMarlene Cc: KlatzkowJeff; WrightJeff Subject: see revised title below AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPI~IANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIG"IATlON AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOVS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BlJILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY- TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTlO1'i TWENTY-FOl!R, PENALTIES; PROVIDING FOR INCLUSION IN THE COOE OF LAWS AND OROINANCES; PROVIDING FOR CONFLICT AND SEVERABlUTY; AND PROVIOING FOR AN EFFECTIVE DATE, -------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------- Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252-8066 - Fax (239) 252-6600 2 Martha 5, Vergara From: Sent To: Subject Pagan, Emely [EPagan@Naplesnews.com] Tuesday, January 05, 2010 3:26 PM Martha S. Vergara RE: Property Maintenance Code ok From: Martha 5, Vergara [mailto:Martha,Vergara@collierclerk.com] Posted At: Tuesday, January 05, 2010 2:46 PM Posted To: Legals - NDN Conversation: Property Maintenance Code Subject: Property Maintenance Code Legals, Please advertise the following attached ad on Fridav, Januarv 15, 2010, Please send an ok when you receive. Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha, verqa ra(6lcoll ierclerk,com) Please visit us on the web at Ww\v.collicrclerk.colll 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 emailinghelodesk(Q)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. 1 Martha 5, Vergara 17C ty~ j. From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Tuesday, January 05,20103:45 PM Martha S. Vergara Ad Confirmation UAS10BB.jpg ATTACHED please review your notice & confirm approval via email, Thank you for PUB, Date Publication Ad Number Total Ad Cost Emely Pagan 213-6061 placing your ad, JAN, 15, 2010 NDN 1833637 $292,34 _.<--.~._--_.-.._- 11C 11:_ NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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, 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURE AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard, file with the Clerk to the All interested parties are 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 5 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 will become a permanent part of the record. 171\ H~I before tte Bo~rd 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380, Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) .~-----_._.._~--~... Martha 5, Vergara 17 C" From: Sent: To: Subject: Martha S. Vergara Wednesday, January 06, 2010 2:41 PM 'Pagan, Emely'; Naples Daily News Legals Please Kill the ad below.. Hi Emily, Please Kill the ad below" I will resend when the typo has been changed" in about five minutes, ATTACHED please review your notice & confirm approval via email, Thank you for PUB, Date Publication Ad Number Total Ad Cost placing your ad, JAN, 15, 2818 NDN 1833637 $292,34 Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (ma rtha. verqa ra(Cilcollierclerk,com) 1 -.-.---...----..-.-..,,-----. 17C Martha 5, Vergara From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews.com] Wednesday, January 06,20102:53 PM Martha S. Vergara Ad Confirmation UAS3816.jpg Ad # 1833637 has been killed as per your request. Thank you for Date Publication Ad Number Total Ad Cost Emely Pagan placing your ad, 61/66/16 NON 1833637 $6,66 1 '~~"'_-----"--'"- __'m'_~_'..',,__, "".""'_~'___~__.._.,_~__ _",_, _..-__"n_.....___...~_,.,..__,._._~.M__"_~_.~_,~~__._.'___M,_. ,'" ,'.. ._.,.__~,_. __'_ 17C Acct. #068782 January 5, 2010 Attn: Legals Naples News Media Group 1100 lmmokalee Road Naples, Florida 34110 Re: Ordinance Amending Property Maintenance Code Dear Legals: Please advertise the above referenced notice on Friday, January 15, 2010, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office, Thank you, Sincerely, Martha Vergara, Deputy Clerk P.o. #4500110972 "__'_~'_"".>"V_"_"'_"'_~'_'_"_ '~".'_'^.'____'___'______~_._".~.._,~-....~ 171: Mill NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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, 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, Copies of the proposed Ordinance are on Board and are available for inspection. invited to attend and be heard. file with the Clerk to the All interested parties are 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 5 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 will become a permanent part of the record, 17C h~1 before the Board 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 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE-CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ^ ',' -.,'.,,,_.._-_...-----<.- -~,..,,-'"'~,..~,..._-~_....__..__._~~--,.-,......,,- Martha S, Vergara .11C ,;, ~ .; From: Sent To: Subject Pagan, Emely [EPagan@Naplesnews.com] Wednesday, January 06, 20103:08 PM Martha S. Vergara RE: Revised - Property Maintenance Ord. Ad ok --"---~~--"-----'---"~-"--"'---"~--"-'--"-'--~'-~-_''''__~~_~____ "~__~_-'~'N'"_'_~"_',._",____~___",,____~____"__"___._._.___.......___ From: Martha S. Vergara [mailto:Martha,Vergara@colliercierk,com] Posted At: Wednesday, January 06, 2010 3:02 PM Posted To: Legals - NDN Conversation: Revised - Property Maintenance Ord, Ad Subject: Revised - Property Maintenance Ord, Ad Legals, Please advertise the following attached ad on Fridav, Januarv 15, 2010, Please send an ok when you receive. Thanks, Martha Vergara, Deputy Clerk Clerk to the Board of County Commissioners Minutes and Records Department 239-252-7240 239-252-8408 fax (martha, verqa rai.6lcolliercierk,com) 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 emaiJing helodeskC6lcollierclerk.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. 1 .._-_._..._----~.~"~,.;.._.,-_._.....---- . Ann p, Jennejohn 17C t~1 From: Sent: To: Subject: Naples Dally News [naplesnews@clicknbuy.com] Friday, January 15, 2010 12:11 AM Ann P. Jennejohn Thank you for placing your classified advertisement. Ad # 1833861 Thank you for placing your classified advertisement. The following represents the current text of your advertisement: NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 26, 2010, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 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. 2004-58, AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTYFOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR 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 5 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 3301 Tamiami Trail Easl, Building W, Naples, Florida 34112, (239)252-8380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY 1 17C ~(~I COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN FRED COYLE, VICE- CHAIRMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) January 15,2010 Nol833861 You also have the exciting option to enhance your online advertisement with extended text, photos and even multimedia! Enhancing your classified advertisement will give you increased exposure to thousands of online shoppers that visit our classified section every day. You can also choose to add shipping and delivery options for the buyer. Enhancing your advertisement is easy; just follow the online AdWizard to add an expanded description, photos and even video/audio of your item, To log in to the New Ad Wizard use your email address and existing password, Go to: http://secure,adpav,com/adwizard login,aspx?I=15265448, if this link is inactive, cut and paste it into your browser address window. If you need any assistance with your advertisement, please contact our classifieds department. 239-263-4700 Thank you for using naplesnews.com Online Classifieds. 2 ~pe(1 Hal rknarr e C tdeJ 171.c "~~y AtY1er~f{~ ?11DD ~~ 5 & NOttCI Of<tNTiNJ TO CONSIDER ORDINANCE ,Notice is hetq !JIve... 1het, on TlItIiClIy, j,nuary26, 2010, jn the Botrdroom. 3rd Floor, ~ 1IuIIdtn&' Co., Co:umY GillWtnmentCent.er, 3301 fISt TiI- .miami Trail. ....... ~ 'hlolWct of Countt'Commm:ionltrs will consider the -.ctnMtnl of .~_,~, The meeting will commence at 9:00 A.M. The title of....,)npclMd ~1t!Ylf'IC;..Jt.. foIIowi: AN ORDINANCE Of THE IOMP OF COUNTY COMMISSIONERS OF COLUERCOUN- !Y, FLORIOA..AMENOING OROINA~ NO. 2004--58; A5 AMENDED, KNOWN AS THE COLLIER COUNTY PftOPER1'i'MlJIIi1;ENANCECODE,. BY AMENDING SECTION FOUR, DEFINITIONS, AND SCCTJON 1i,X. Cl)t.APLIANCi WITH HOUSING, 5TANf)..t.RDS, DELET. ING IN ITS ENTtaETY 5iVtKm$iVJN, RENTAL REGISTRATION REC>>JIREMENTS AND PROCEDURES, AMENDt'NG"s.etTIOff' NINE, INSPECTIONS' OF STRUCTURES AND I"REMI,SESi SECTION TEN, MOntE Of VlOlATION,P:ftOCEOURES, SECTION EleVEN, METHOD ,fOfl; DE:$IGNATION__ANDEUM1NATlONOf HAZARDOUS CONDITIONS" SEC- TION TWE1.VE, $TANOAJIOSFCltt TH~ REPAIR OR DEMOLITION Of. HAZARDOlJS 8UILOjNGSliv THE .COUNrt. SEcnoN THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMEHTExfCurt:D BY <;:OUNTY' S~CTIClfil fOURTEEN, N'O:nCE fOA VACATION OF"HAlAi'tDOUS BUILDINGS, SECTION SEVENrEEN, CERTIFICATE RE- QtJIlIQ fOI BOAfU)JNG avWNG.SECTlON TWENTY-ONE, Cos::rs INCURRfD 8:Y Tkf' ~; ASSl!SSMEffT Of "t.Il!N. SECTION lWENTY"TlNO, NOTICE ot HEARING F()IiI MVQCATION Of BOARDING RENEWAL CERTifICATE" AND SECTION TWENtY- i"tlf'ttW.T1ES; :PROVIDING FOB. INCLUSION IN THE CODE Of LAWS AND Oftt>>.. '_ ',Ii MwIDING Fdf{' CQNfiJCT AND SEVERABILITY; AND PROVIDING FOR AN E DA.IE. . ~'~Hhe Pl'Oposed Ordinance are on fHe with the Clerk to the Board and are ~for inspect:i.on; All interested parties are inll:ited to attend. and be heard. NOtE: Aflpe:rsons wishin-9 to s~a~ on an)' agenda item must register with the ~lMImlnistnl'torDl1or to pre5tfttatlonOf the 8gtlflda item to be addfeHed. ~ weaktlrs wjll be "mited-to 5 minutes on any Item. The s~ection of In in. dMfJuaf-"., ~ak on bthattof an organitation or group is encour.ged. If~. rdud tar 1M Chairmlln, a spokesperson fora group or organization ma)' be allOtted 10minututo spelk on an itern. . Pef$Ol1l, wishing to have wn .tt.efl orlflPh.1c materials included in the BOard~. . ~ muit submit said material. minimum of 3 weeks prior to the, res PUbtk" "'Irlng., m .ny,CIlft, Wfltt.,... materials Intended to be considered the ~..JI bi'submittetlto tile- 'appropriate County staff a minimum of Se.vefl, days prior to the public heMing.. All materlal used in presentations before the toard WHJ~t a pelTl'lanent part of the record. Ally pelJon who dlll:ldes to appeal a decision of the Board will need a record of the ptOCftdIngs pertainin~plwreto md!herefore, may need'to ensure thlt a verbatim record of tnt ~cting5.ls made,whlCh record IndudM, thetestimOl'lY and evi- dence upon whkh me appqlls based~ If you are a 'pet~ with a disability wt\o-i1etds any lltcommodation in order to par, tic;ipate-lnttils.,proceedlng. ~u .retntitled, It no cost to you,totM provision of certain essiJtarKe. Pfeese contact'the, Collier Count)' facilities Management Oep:alt- mMt. lOC8ted at 3301 Tamlaml Trail Eart, Building W, Nll!>>M, Florida 34112, ~)2SM380~ Assbted lisftfl!ng devkM for the hearing impaired are available In the County tomm_nel'$' Office. !J""~.':' .. ,:ft:~t.;t,\,! NAPLESIBONIT A DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advenising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on January 15, 2010 I time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper bas heretofore been continuously published in said Collier COWlty. Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples. in said Collier County, Florida. for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advenisement for mez:~ ( Signature of affiant) 5 worn to and subscribed before me This 20th day of January, 2010 ~ ~,",,~~~~''i;:;~'" ~~<'O If ,.\. '(:,'~ t.... \j..~ Notary Public - Stale of Florida ~u,: l~ "."v} My Comm_ Expires Jul 29.2013 "'::'1;), ,.'(;,~' Commissiofi if DO 912237 '11,,,,\' KAROL E KANGAS lire NOTICE Of INTENT TO CONSIDER ORDINANCE Notke is hereby Qiven tMt on Tuesday, ,Jatlua;y 26, 2010, in the Boardroom. 3rd Floor, Admin'iltratlon 8uilding, Collier COU'!tYqovemiTlent Cl!nter, 3301 East Ta- mIami Trai~Nlp~ Florida-/ the, Board of County -COmmiSsiOneo: will consider the enactmen1 of a County Ordintnce, The meeurig wilf commence at 9:00 A.M.' The title of tn. propmed Oidi,r)an~is as foUoW$: AN ORDI~NCE OFTH. 'BOARD ,OF , COUNTY COMMISS'5 OF COW' ,Eft COUN- TY, FLOItiDA. AMliNPlHQ O~I~ NO. 2OOi-58, AS AMe', ,KNOWN AS' niE COLt.lfk COUNTY FlItomrv -'MI~~ANa CODE,' aVAMEND " 5EC'TION FOUR, DEFlNmONS, AND'StC"rI6N SIX. COAIII'tIANciWITH, HOUSING, $TANDAMS. DELEJ. ING IN ITS ENTlRETY,5ECTIOt./'SCVEN> R,NTALREGIS'lRA'TiON Il:EQUJREMINT$ AND PROCEDURES, AMENDWGSEcrJON" NINE" INS_PEC1K)NS" Of STRUCTURes, AND PftEMI5ES, SECTION TEN~N011CE' Of' YJOUtllON - Pl\QQ!'a" _ ' ,5eCTlONll.EViN, MfTHODFOR,Df$lGNATQfANO EtIMlNA11()N OF" ' 'CONDlTIOHt SEC- n"" tWlWt, ITA_ FOI\ THE ""Ill 01\ IMQlIT10H OFllAWlOous BuriID~GS_'V 1I'Hi'(()1JHTV;SECT~ THIR'tUH. ASSE~HT OF COSTsrO THE OW'Ell W!jl~ -111"''''' 'XECU11Ib IY 1lQUNlY,~C11Oil.FOtIRTI!tN, NOnCE FOR VA~TiONOF HA.ZAflool;J5 8U'U>INqS.SE.~SEVEM1EN, C'RTIFICA:~RE- .QUIREtl FOR80A1Um1G NLbtNq;'SECllOPi-'l'WDITV-ON!, ~ Ir<<t1Rlt!DBY THE couftTY; A5$J!SSMtNJ Of..llE~J.SECTlON,,'rWENTV_lWO, NOTICE OF HI!AI\I~ FOR REVQCATlON OF BOAkDINGm:NEWA{.. CE'RTlFICATE,ANOSEctlON lWENTY- FOUR. PEHA4TIES,PftoW>ING fQR lNCll.lSloHlN nt!"CODE OF. tAWs' ANi) ORDI- NANCES:PAOVI01NG''FQR 'CONFLICT AND ~RABILtTY; AND PROVIDING,;FOR AN EFFECTIVE DATE. , Copies of the propo;;8dOrdinan<:e'jft'e On file with the: Clerk tQ ~BOMd and .are available for inspectl:on. "" inU~ p.rtles are InVIted to lrfteftd and be heard. ' NOTE: All~. . wishing to speak on any ,geOde; item must ~in.r ,wnh the County admlriBtrittdr D!'for.toprestntatiQnOf U1e apndaitem to.bt-addreSMd. Indlvldultl 5pe8efs will be limited to 5_mlnllhls Qn any Item. The. sel<<tlon Qf'an -in- dividual to sPftk on t(eh.lf 'of an organization or group is eneout..gre4. If~- nlHdby hClmmtan, a s~n for II group or,organltation maybe allotted 10 minutes to speak-en an Itent. Persons wishing to heve written Of , graphic materials included in the Board agenda packets must 'sYblnIt. MId matetial . 'minimum. of 3 weeks .Prior. to 'the -respective public heMlng. IfIany ca5e, wt1tten materials intended to_, be cOflsicklr<<:l by the- Board shall .be submitted to the appropriate County SUlff a minimum of sewn days prior to" thlt pub#<: hearing. All; l'l'later~1 used in presentations before- the Board will become.a .pe-1'In8n6nt pan: of the tetord., Any person wnodttc:lfts to appAlal I dtcision of the- BoardwUl ""<f a record Of t~e proceedlnllpefWjning,ther<<oarvl,th~, may need to enture1'hat I wrbatlm m.ord of the Pl'O(eedlngsis made,whith recordinclUdM tMtestimony and evi- dence upon-whkh-tt\e ~I is besed. If you are' .-person wJl:tJ, a di5abiUtywho needs any accommodation in Qi'dtJ:.tQ par- 1:j(i~e in.tIris .prQCQding.. Y~;\are.mtltled, at no COlt to. you,tothe ~.of 'ertainesJisttnce. .."-se contact the- Collier County Facilities Maflage!nem:"DtPart_ ment,knted at,31Ot TamiamiTra:1l EISt. Building W, NapleS,. florkla 34112, (239)253:"', A:5slsted liu.nin9 dt!Vices for the hearing impat~ are; avallebJe In the,CountY Commlslloners' OffJce" 11C ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be h,Uld delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board ha<; taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exee tion of the Chairman's si aluTe, draw a line thrall rautin lines #1 thrau h #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date List in rauHo order PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval, 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to he ddivered to the Bee office only after the Bee has acted to approve the item. Name of Primary Staff Marlene Serrano Contact Agenda Date Item was January 26,20]0 A roved b the BCC Type of Document Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. ]. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters. must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, ~ resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval ofthe document or the final ne otiated contract date whichever is a Iicable, 4, "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was apprnved by the BCC On 1/26/10 (enter date) and all changes made during the meeting have been incorporated in lhe attached document. The Count Attorne 's Office has reviewed the chan es, if a licable, 1. Judy Puig CDES Administration 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County Commissioners Clerk of Court's Office 6. Minutes and Records Phone Number Agenda Item Number Property Maintenance Ordinance Number of Original Documents Attached 'fer/to 252-2487 17C N/A (Not A Iicab]e) I: Formsl County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ._--~~-~,~.- . ~----"-_"~____"_'__~"___U'"_"'",'~.' ..."",,,._.-,.., 17C MEMORANDUM Date: February 8,2010 To: Marlene Serrano, Code Enforcement From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2010-02 Please find one copy of the above referenced document (Agenda Item # 17C) which was approved by the Board of County Commissioners on Tuesday, January 26, 2010, If you should have any questions regarding this item, please feel free to call me at 252-8411, Thank you, Enclosures 11C MEMORANDUM Date: February 8, 2010 To: Larry Lawrence Property Appraiser From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinances: 2010-02,2010-04 and 2010-5 Attached, for your records you will find one (I) copy of the documents referenced above, adopted by the Board of County Commissioners on Tuesday, January 26, 2010. If you should have any questions, please call me at 252-8411. Thank you, Attachments 17C l"n \1 ORDINANCE NO, 2010 - 02 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO, 2004-58. AS AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS, AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS, DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE, INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS, SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN, ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR V ACA TION OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 23, 2004, the Board of County Commissioners (Board) adopted Ordinance No. 2004-58, repealing prior County ordinances and establishing a property maintenance code for the unincorporated area of Collier County to be known as the "Collier County Property Maintenance Code;" and WHEREAS, on November 13, 2007, the Board amended the Collier County Property Maintenance Code through its adoption of Ordinance No. 2007-70; and WHEREAS, the Board desires to further revise Ordinance No. 2004-58, as amended, to remove references to the Rental Registration Program, specify that liens are assessed by the Code Enforcement Board or the Special Magistrate, and add regulations relating to inspections of structures and the associated costs incurred by the County, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: TITLE. This Ordinance shall be known and may be cited as the "Collier County Property Maintenance Code." Page I of 27 Underlined text is added; struck tmough text is deleted, --------_..._-,~..~-=-......,.,.,..,.".~."~,.~~-,.,-".,,._.~,'~,.'>~~~._._,--,-~._--,._- 17C SECTION TWO: PURPOSE AND SCOPE. 1, This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance of improved and unimproved premises; to minimize impacts of construction; and provides a just, equitable and practicable method to prevent: a, Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants; or b, Diminished property values; or c. Detracting from the appearance of the residential area. 2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as a dwelling unit in whole or in part, and every portion of a commercial or non-residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was or is constructed, altered or repaired. SECTION THREE: GENERAL PROVISIONS, I. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. 2, Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction, Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 3, Existing remedies, The provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the removal or demolition of any structure. 4. Requirements not covered by this Code. The Building Official shall determine requirements necessary for the strength, stability or property operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by this code. 5. Deviation .trom Code. Where practical difficulties are prohibitive in carrying out the provisions of this Code, the Community Development Administrator or designee, in coordination with the appropriate licensed authority, if applicable, has the authority to grant modifications for individual cases, The modification shall be in compliance with the intent and purpose of this Code Page 2 of 27 Underlined text is added; struck through text is deleted, "~__,",',.o.._,_..,"",_., '.'~"_". '''''___._.;___ 17C and shall not lesson health, life and fire safety requirements, The basis for granting modifications shall be recorded and entered in the Department files, 6. Compliance. It shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated County to comply with the requirements set forth in this Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in contlict with the requirements of this Ordinance. 7. Conflict with other codes. The provisions of this article shall apply to all buildings, structures or premises in existence or built within the unincorporated County, Where the provisions of this Ordinance impose a standard different than that set forth in any other County ordinance or state law, the most restrictive standard shall apply, SECTION FOUR: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO, 2004- 58, AS AMENDED, Section Four of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION FOUR: DEFINITIONS, When used in this Code, the following terms shall have the following meanings, unless the content clearly otherwise requires: 1. ACCESSORY USE OR STRUCTURE - a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and, on the same premises, On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory slructure. 2, A TTlC - any story situated wholly or partly in the roof, so designated, arranged or built to be used for storage or uninhabitable space. 3, BOARD - Board of County Commissioners of Collier County, Florida, 4. BOARDING - the placement of plywood or some type of construction material as a temporary barrier to cover and obscure a window, storefront or access to a structure. 5, BUILDING - a structure of any kind, which is built or constructed of parts joined together in some definite manner, which requires a fixed location on, or in the ground attached to something having a fixed location on or in the ground. 6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the Collier County Board of County Commissioners. 7, BUILDING OFFICIAL - the individual charged with the responsibility to administrate, supervise, direct, enforce, or perform the permitting and inspection of construction, alteration, repair, Page 3 of27 Underlined text is added; stmek through text is deleted. 17C remodeling, or demolition of structures and the installation of building systems to ensure compliance with the Florida Building Code. 8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida Statutes, 9, CODE ENFORCEMENT INVESTIGATOR - any authorized agent, representative, or County employee designated by the Housing Official to ensure compliance and enforcement of the provisions of this Code, 10. CONDEMNATION - the declaration by a Housing Official or designee that a property or structure is unfit for use or habitation or dangerous to person or other property pursuant to Chapter 553, Part VI, Florida Statutes, with consultation from the Fire Department, Health Department, Building Official, or other applicable agency. I I. COUNTY MANAGER - County Manager or his designee. 12. DANGEROUS BUILDINGS AND STRUCTURES - all buildings, dwelling units or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be classified as anyone of the following: a, A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes a fire hazard; or b, A structure or dwelling unit, which in the opinion of the Health Inspector, constitutes a threat to the health of its occupants or to the health of the general public by reason of the unsanitary, infectious or defective condition of said building; or c, A structure or dwelling unit, which in the opinion of the Building Official or designee or a Florida State Certitied engineer falls below minimum structural standards; or d. A structure or dwelling unit, the interior walls or other vertical structure members of which list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or e. A structure or dwelling unit, exclusive of the foundation, which evidences 33% or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or covering; or f. A structure or dwelling unit existing in violation of any provision of the Building Code or any other ordinance of the County, 13. DEBRIS - any material which is stored externally or internally and shall include, but not be limited to the following: discarded household items; inoperative or discarded machinery, automobiles Page 4 of27 Underlined text is added; struck through text is deleted. 17C or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation, and other building material. 14. DETERIORATION - a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or any other evidence or physical decay or neglect, or excessive use, or lack of maintenance, including the landscaping and parking areas. 15. DILAPIDATED - substantial deterioration of a building or parts thereof, such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended. 16, DWELLING UNIT - A single unit within a building providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation, 17. ELECTRICAL CODE - National Electrical Code, as it may be amended or its successor. 18. FIRE INSPECTOR - One certified to have met the inspection training requirements by the Division of Sate Fire Marshall of the Department of Insurance. 19, GARBAGE - any animals or vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including food containers of any type. 20. GAS CODE - the Building Code revisions, as may be amended or its successor. 21. HABITABLE ROOM - a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilct compartments, closets, halls, screen enclosures, storage or utility space, and similar areas are not considered habitable space. 22. HEALTH INSPECTOR - the Director of the Collier County Health Department or his or her designee. 23, HOUSING OFFICIAL - the officer charged with the administration and enforcement of this Code or a duly authorized rcpresentative or representatives. The Code Enforcement Director is hereby designated to be the Housing Official. 24, IMPROVED PROPERTY - real property, which contains a building(s) or other structural improvements. 25. INFESTATION-the presence within or around a structure of insects, rodents, or pests, which are detrimental to the public health, safety, and general welfare of the residents or occupants, or neighboring properties. 26, INOPERATIVE VEHICLE(S) - vehicles or trailers of any type that are not immediately operable, used for the purpose for which they were manufactured, in need of mechanical or electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the Page 5 of27 Underlined text is added; strucl; thrmlgh text is deleted. 17C Collier County Land Development Code, do not meet the Florida Safety Code, or does not have current valid license plates, 27. LOCAL ,1CE""T OR Ol'ER,lTO,'? a person or representative of a cOfjloratiofl, partnership, firm, joint vcntme, trust, association, organization or otller entity, having his or her place of residence in Collier County and designated by the owner to maintain such premises in compliance v.'ith the prO'.'isions of this Ordinance under the Rental Registration Section. The owner may aet as the local agent so long as he/she resides in the County, ;!.& 27. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure, This term shall include, but is not limited to, any occupied or unoccupied structure, commercial structures or buildings, mixed use buildings or structures that include both dwelling units and office or retail combinations, and every other structure that is not a dwelling. ;J.9 28. NUISANCE - Unsanitary conditions or anything offensive to the senses or dangerous to health, ~ 29. occur ANT - any person living, sleeping, cooking or eating in, or having actual possession of a dwelling unit, within the confines of any building or structure, J-l- 30. OPENABLE AREA - any part of a window or door which lS available for unobstructed ventilation and which opens directly to the outdoors. ~ 11, OWNER - the holder of the title of property, if fee simple, and any person, group of persons, company, association or corporation in whose name tax bills on the property are issued. It shall also mean any person who, alone or jointly or severally with others: (a) shall have legal title to any dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or control of any dwelling unit, as owner, personal representative, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgage or vendee in possession, or assignee of rents, lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property, which apply to the owner. ~ 32. OXYGEN DEPLETION SENSING SYSTEM (ODSS) - an automatic pilot and shutoff system, Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to blowout or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve. M 33. PERSON - any individual, firm, corporation, association, partnership or other entity. ~ 34, PLUMBING CODE - the Building Code revisions as may be amended or its successor. ~ 35. PREMISES - a lot, plot or parcel of land, or portion thereof, including the buildings or structures thereon. Page 6 of 27 Underlined text is added; stmck through text is deleted. -'---" '-"'-'~-'---'~'- 17C1d J 37. PROPERTY for tile purposes of relltal registratioll "property" mealls a parcel or cOlltiguous parcels witll allY lIumber of relltal ullits located tllereupolI ullder common o',>mersllip alld/or management. 38, RE'VT.1L REGISTRAT!ONS tRe registerillg of residential rental ullits witR tRe Collier COURty Code Ellforcement Department. 39. RENT.1L UN!T ,A. rentallmit is aR)" dwellillg unit tRat is 1I0t oWller occHj3ied but occupied 6Y someolle other tllall the owner for allY portion of a caleRdar year. 44 36. RESIDENTIAL STRUCTURES - any dwelling unit or structure where any part is used or intended to be used for living, sleeping, cooking or eating. 4+ 37. RUBBISH - any waste material other than garbage. ~ 38. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including the window portion therein. The assembly mayor may not have an operable section to provide ventilation. ~ 39, SPECIAL ],1.1STER MAGISTRATE - an attorney designated by the Board of County Commissioners pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and assess fines against violators of Collier County Codes and Ordinances. 44 40, STAIRWAYS - one or more flights or stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another, within or attached to the exterior of a building or structure, ~:U' STORY - that portion of a building including between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be the portion of a building, included between the upper surface of the topmost floor and the ceiling or roof above, 46 42, STRUCTURE - anything constructed or erected which requires the fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead transmission lines. 4-7 43. SUBSTANDARD - any residential or commercial building or structure used as a dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants/public, Any such unit which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 4& 44, VENTILATION - the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling. Page 7 of27 Underlined text is added; struek through text is deleted. 17C 49 45. WEATHERPROOF - able to withstand exposure to weather without damage or loss of function. ~ 46. WEA THERTIGHT - able to exclude wind and rain under typical local weather conditions. '* 47. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. ~ 48. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. SECTION FIVE: RULES OF CONSTRUCTION. For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: I. The word "shall" is always mandatory and not discretionary and the word "may" IS permissive. 2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instanccs or circumstances of like kind or character. 4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this Ordinance, they shall be construed as though they were followed by the words "or any parts thereof', SECTION SIX: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-58, AS AMENDED. Section Six of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION SIX: COMPLIANCE WITH HOUSING STANDARDS. All dwellings units whcther occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: I. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (I) kitchen sink with counter work space, one (I) lavatory basin, one (I) tub or shower, and one (I) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department as applicable. Every plumbing fixture and water and wastewater pipc connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling Page 8 of 27 Underlined text is added; struck throHgn text is deleted. 17C unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording privacy to the user. 2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. 3. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. 4. HEATING FACILITIES - Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an unvented heater shall not be used undcr any conditions. 5. COOKING EQUIPMENT - every dwclling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. 6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. 7. LIGHT AND VENTILATION - Every habitable room of a dwelling unit shall meet the minimum size and access requircments of the Building Code. 8. BA THROOM - Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. 9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as spccified in the provisions of the Electrical Code, in effect at the time of violation. 10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided. Page 90f27 Underlined text is added; stmsk tflrough text is deleted. 17C II. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION - The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintaincd in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROO}~) - Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS - Access to thc attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be required in the manner prescribcd by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code. i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building Official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the Page 10 of27 Underlined text is added; struck throHgh text is deleted. 17C exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longcr than 18 months, unless an extension is granted by Code Enforcement Special Mastcr Magistrate. j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight within the window frame. k. HARDWARE - Every door shall be provided with proper hardware and maintained in good condition. I. SCREENS - Every window or other device used or intended to be used for ventilation which opcns directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screcns on doors and windows. m. PROTECTIVE TREATMENT - All extcrior surfaces other than decay-resistant woods shall be protected from the clements by painting or other protective covering according to manufacturer's specifications. n. ACCESSORY STRUCTURE - All acccssory structures shall be maintained and kept in good repair and sound structural condition. frame. o. INTERIOR DOORS - Every interior door shall be properly fitted within its p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be tree from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. GUTTERS AND DOWNSPOUTS- Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. 13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the minimum space footagc requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. Page 11 of27 Underlincd text is add cd; struck throHgn text is delcted. 17C~H 14. MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms and laundry rooms shall havc a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. 15. POOL MAINTENANCE, PRIVATE - all swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including but not limitcd to, free of mold, litter and debris. 16. OCCUPANCY OF SPACE BELOW FLOOD ELEVATION- no space constructed below the then minimum flood elevation at the time of the original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game room) and improved to meet FEMA requirements. 17. RESIDENTIAL PARKING FACILlTES - all residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. 18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall bc protected from the elements, decay or rust. 19. SANITA710N REQUIREMENTS- a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structurc, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with Health Department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private sWimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing Iixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the Health Department. 20. SMOKE DETECTORS - All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requiremcnts. If the structure was built without wired detectors, battery operated smoke detectors are recommendcd for installation. All rental units shall have smoke detectors that meet the residential Landlord and Tenant Act. Page 1201'27 Underlined text is added; struck through text is deleted. 17C SECTION SEVEN: DELETION OF SECTION SEVEN OF ORDINANCE NO. 2004-58, AS AMENDED. Section Seven of Ordinance No. 2004-58, as amended, entitled "Rental Registration Requirements and Procedures," is hereby deleted in its entirety and all subsequent sections shall be renumbered accordingly. SECTION EIGHT: ESTABLISHMENT OF HOUSING OFFICAL - DESIGNATION; POWERS AND DUTIES. There is hercby established the position of Housing Official who is hereby charged with the duty of administering the applicable standards set forth in the Ordinance and securing compliance with the minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is hereby designated to be the Housing Official established by this section. The Housing Official is hereby authorized to: 1. Conduct inspections or take other appropriate action to require compliance with this Ordinance; 2. Investigate allegcd violations of this Ordinance and to enter upon real property in the conduct of ofIicial busincss; 3. Issue notices of violation and \witten demands to correct violations of this Ordinance; 4. Initiate any and all other criminal or civil enforcement action as may be authorized by law to require compliance with this Ordinance; 5. Appoint Code Enforcemcnt Investigators to assist with the cnforcement of this Ordinance. SECTION NINE: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-58, AS AMENDED. Section Nine of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION NINE EIGHT: INSPECTION OF STRUCTURES AND PREMISES. 1. Complaint-driven ef, requested, or inspector-initiatcd inspections of propcrties subject to this Ordinance shall be conducted by the County to ensure that such properties are in compliance with the provisions of this Property Maintenance Code,~ flrovided, howe':er, tIhis provision shall not bc interpreted as authorizing the County to conduct inspections of properties without the consent of the owner or occupant or without a warrant. The Countv shall charge the propertv owner a fee for each unit inspected consistent with the CDES Fee Resolution. In securing consent, or at the time of inspection, the Housing Official or the Code Enforcement Investigator shall present County-issued identiIication and shall explain to the owner, occupant or operator the purpose of the inspection. Page 1301'27 Underlined text is added; struck through text is deletcd. 17C Rental inspections SHall not be required for rental units on a property cO';'cred by a DBPR license. /. copy of the cmreRt DBPR inspcction licensc shall be provided with tHe initial rental registration and all subscquent rental rene\val applications. 2. If the inspection of a property reveals violations of the provIsIOns of this Property Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units. 3. F or inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows: a. 1 to 4 units, all units; b. 5 to 10 units, 50% of units; c. II to 29 units, 20% of units; d. 30 to 49 units, 15% of units; e. 50 or grcatcr, if one location, 5% of the units with a maximum of 20 units. In the case of 50 or grcater units, if the Housing Official iinds one or more serious, health, safety or habitability violations in 5 % of the units, the Ofticial may ask to inspect more units to a total of 100% of the units in the development community. The Housing Ofticial may assess a noncompliance inspection fec of $50.00 per unit inspected, per re-inspection, if any violation still exists after allowance of a reasonable time period for compliance. 4. The Housing Ofticial and all appointed designees are authorized and directed, in accordance with this Section, to enter and inspcct dwclling units, buildings, structures and premises to determine their condition in order to assure compliance with the provisions of this Code or upon receipt of complaints or when thc Housing Ofticial has cause to bclicvc a violation of this Code exists. Inspections shall takc place during the regular business hours of Collier County Govcrnment, or at a time mutually agreed upon by the Housing Official and the owner, operator or occupants. Should the owner, agent, operator, or occupant fail to make the mutually agreed upon inspection, a final inspection must be obtained within 30 days of the original inspection date. 5. The ovmer, operator, occupant or other person in control of the dwelling unit, building, structure or prcmises shall, upon consent, allow the Housing Official or designee free and unrestricted access to all areas subject to thc provisions of this Ordinancc for purposes of a full and complete inspection. In the event that the Housing Ofticial or designee is denied access or cannot obtain access to a dwelling unit, building, structure or premiscs for purposes of inspection, the Housing Official or designee is authorizcd and directed to seck and obtain an inspection warrant authorizing entry and inspection pursuant to Chapter 933, Florida Statutes, as it may be amendcd or replaced. SECTION TEN: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004-58, AS AMENDED. Section Ten of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION +EN NINE: NOTICE OF VIOLATION PROCEDURES. Page 1401'27 Underlined tcxt is added; struck through text is deleted. 17C \\q j Whenever the Housing Official or Code Enforcement Investigator determines that a violation of this Ordinance exists, the following action shall be taken: 1. The Housing Official or Code Enforcement Investigator shall provide written notice of any alleged violation to the owner, operator or other party responsible for the dwelling unit, building, structure or premises. Such written notice of violation shall includc the following: a. A description of thc location of the structure involved, either by street address or legal description; b. A statement of the facts supporting the violation and the reason why the notice of violation has been issued; c. A reference to the Section or Sections of this Ordinance and any applicable code or ordinance upon which the violation is based; d. If repairs or alterations will bring the structure into compliance with this Ordinance, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; e. [I' repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are required to be made; f. If the violation is of such character that repairs or alterations cannot bring the structure into compliancc, a statement to that effect and an order for vacating the premises with an explanation thcrefore and a time frame for vacating the premises; g. The name or namcs of pcrsons upon whom the notice of violation is served as stated in subsection (2) of this Section; h. A statement advising that the failure to cure the violation within the time period stated will result in the Housing Official taking any and all action as may be permitted by law to abate the violation. 2. The notice of violation may be cither personally served upon the owner or served by certified mail, return receipt requested, at thc address of the owner as listed in the tax collector's office for tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall be posted in a conspicuous place of the premises at which violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall bc considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. Service on the ovmer's agent or operator at the address listed in owner's Rental Registration application by first class mail shall substitute for service on the owner. If the owner does not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of the premises. Page 15 of27 Underlined text is added; struck throHgh text is deleted. 17C 3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation and constitute a dangerous building structure. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy whcn the premises are unsate, unfit or unsanitary for human occupancy. Thc failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24 of this Ordinance. SECTION ELEVEN: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-58, AS AMENDED. Section Eleven of Ordinance No. 2004-58, as amcnded, is hereby amended to read as follows: SECTION ELEVEN TEN: METHOD FOR DESIGNATION AND ELIMINATION OF HAZARDOUS BUILDINGS. If an appropriate person, as identified under the definition of Dangerous or Hazardous Building, identiIies a hazardous or dangerous condition existing within a building or structure, he shall make an itemized report of all hazards within thc arca of his cxpertise and certify said report to the Housing Official. The Housing Omcial shall then notify the owner of the offending property, in writing, and demand that said owner causc thc hazardous condition to be remedied. The notice may be either personally serviced, upon the owner or served by certified mail, return receipt requested, at the address of the owner listed in tax collector's office for tax notices. If the building or structure is occupicd, the Housing Ot1icial shall also cause a copy of the notice to bc provided to the occupant or occupants of the property, or upon the Agcnt or Opcrator. In the cvent that personal service upon the owner or his Agent or operator, cannot be performed after diligent search, then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadlinc contained in the notice. Posting of thc prcmises shall be considered adequate even if the noticc is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed. After service of the notice, thc owncr shall have 30 days to remedy the hazardous condition after obtaining all applicable permits, or the County will remedy thc hazardous condition at the complete cost of the owner. If thc owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master Magistrate of Collier County within fiftccn (15) days trom the date of service of the notice. Thc notice shall be in substantially the following form: NOTICE OF DANGEROUS BUILDING DATE: NAME OF OWNER: ADDRESS OF OWNER: Page 16 of27 Underlined text is added; struck through text is deleted. l'1C Our records indicate that you are the owner(s) of the following property in Collier County, Florida. (Describe property by legal description or address) An inspection of this property discloses, and I have found and determined, that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or thc general public of Collier County. The specific hazards are as follows: (Describe /list hazardous conditions) You are hereby notified that unless the above dangerous conditions are remedied, so as to makc the property in compliance with this Ordinance within thirty (30) days from the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the Housing Official's detcrmination of the existencc of a dangerous building you may apply for a hearing before the Code Enforcement Board (CEB) or (Special Master Magistrate of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB /Special Master Magistratc within fifteen (15) days from the date of this notice. SECTION TWELVE: AMENDMENTS TO SECTION TWELVE OF ORDINANCE NO. 2004-58, AS AMENDED. Section Twelve of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION TWELVE ELEVEN: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS BUILDING BY THE COUNTY. I. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Beard Code Enforcemcnt Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structurc members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non-supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. Page 17 of27 Underlined tcxt is added; struck tl1roHgH text is deleted. l'7C SECTION THIRTEEN: AMENDMENTS TO THIRTEEN OF ORDINANCE NO. 2004-58, AS AMENDED. Section Thirteen of Ordinance No. 2004-58, as amended, is hereby amended to read as follows: SECTION THIRTEEN TWELVE: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT EXECUTED BY COUNTY. I. If the owner fails to remedy thc hazardous condition, the County shall remedy the hazardous condition and notify the owner of the expense incurred by certiIied mail, return receipt requested at the address of the owner as listed in the tax collcctor's officc for tax notices. The Housing Official shall then certify to the Board of County Commissioners Code Enforcement Board or Special Magistrate the expense incurred in remedying the violation, whereupon such expense shall become payable within thirty (30) days. If the owner fails to pay the expense incurred within the prescribed time limit, the Beare Code Enforcement Board or Special Magistrate shall cause a resolution to be adopted assessing a special;! lien and charge upon the property which shall be payable with interest at the legal rate as of the date of certification by thc Hosing Official. The notice of assessment shall be in substantially thc following form: LEGAL NOTICE OF ASSESSMENT DATE: NAME OF OWNER: ADDRESS OF OWNER: You, as the owner of record of the following property; (Describe property) Are hereby advised that Collier County, Florida did on thc _ day of , 20 , order that the hazardous or dangerous condition which existed on the above property be remedied, and sending you notice thereof: the specific hazards being: (Item ize Hazards) A copy of such notice has been sent to you. You have failed to remedy the hazardous condition; whcreupon, it was remedied by Collier County at a cost of $ ; such cost, has been assessed against thc above property, in the same manner as a tax lien in favor of Collier County on , 20_. You may request a hearing before the Board of County Commissioners Code Enforcement Board or Special Magistrate to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expcnses should not constitute a lien against the property. 8ai6 request for hearing shall be made to tHe Clerk of the Board of County Commissioner in writing witHin ten (10) days from the date of tHis 110tiee. Page 18 of27 Underlined text is added; stfHel~ tflrougfl text is deleted. 17C Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be Iiled in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County, Florida. 2. If the owner feels that the expense certiIied by the Housing Official for correcting the hazardous condition is excessive, he may appeal the amount assessed by Iiling a written notice of appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days aftcr the notice of assessment. The owner may then appear before the Board and present facts supporting his position. Thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owncrs oflands subject to such licns. SECTION FOURTEEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-58, AS AMENDED. Section Fourteen of Ordinance No. 2004-58, as amended, is hereby amended as follows: SECTION FOURTEEN THIRTEEN: NOTICE FOR THE V ACA TION OF HAZARDOUS BUILDINGS. If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Code Enforcement Board or Special Master Magistrate may order the building to be vacated. SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE. Every owner of real property within unincorporated Collier County is required to maintain such property in a manner so as not to violate the provisions of this ordinance, and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property. SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL STRUCTURE, VACANT BUILDINGS, VACANT STRUCTURES, AND VACANT OR UNIMPROVED LOTS. All owncrs of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: 1. Nonresidential Structures: a. All nonresidential structures shall be watertight, weather-tight, insect-proof and In good repair. Page 19 of27 Underlined text is added; struek tl1roHgfl text is deleted. 17C b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. c. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be so drained and convcycd from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent- proof and shall be maintained in sound condition and repair, and secured with proper hardware. f. Every inside and outside stairway, evcry porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condition, jree jrom defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to watcr, and such floors shall be kept in a clean and sanitary condition. i. Every supplied facility, piece of cquipment or utility which is required under this chapter shall bc so constructed and installcd that it will function safely, and effectively, and shall be maintained in good working condition. j. All exterior surfaccs shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be required to be treated, repainted or both. All siding shall be weathcr-resistant and watertight. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. I. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non-vehicular light sources that shine into the eye of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an advcrse affect on adjacent propcrties. m. Landscaping maintenance. Where landscaping plans have been speciIically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. A ccessory structures. Garages, storage buildings and all other accessory structures shall be maintained in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be Page 20 of27 Underlined text is added; struck through text is deleted. 17C repaired or dcmolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (I) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat condition. (2) Signs shall be maintained in good condition. Where the sign structure remains, the sign faccs are to be placed with black panels (permit required). The design and color is subject to approval by the Building Departmcnt under the applicable development regulations. (3) All advertising structures, awnings and accompanying support members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintaincd in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show cvidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supporting mcmbers shall be removed. Where supporting members havc been left from sign removal prior to adoption of this article, such supporting member shall be removed within three months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired. b. Exterior premises shall be kept free jrom the excessive growth of weeds, grass and other flora. c. Every owner of a building, structure or lot, previously improved or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. Pagc 21 01'27 Underlined text is added; struck through text is deleted. 17C , . ~ ~ g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti from the building's exterior. J. All signs must be maintained and comply with the provIsions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the rcmoved sign. k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building. I. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entranccs and all other openings of such building or structure including, but not limited to, windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracker, missing or broken, the owner of sllch building shall repair or replace thc window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be madc with like material. Parking shall be limited to designated areas (striped parking spaces) and said arcas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer, employee or company vchicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right-of-way. SECTION SEVENTEEN: AMENDMENTS TO SECTION SEVENTEEN ORDINANCE NO. 2004-58, AS AMENDED. OF Section Seventeen of Ordinance No. 2004-58, as amended, is hereby amended as follows: SECTION SEVENTEEN SIXTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING. I. A certificate of boarding is required for all buildings that are boarded. The fee for certificate of boarding shall be set by resolution of the Board of County Commissioners. 2. No person shall erect, install, place, or maintain boards over the doors, windows, or other openings of any building or structure or otherwisc secure such openings by a means othcr than the conventional method used in the original construction and design of the building or structure without first applying for and, within 30 days of application, completing all of thc steps necessary for the Page 22 01'27 Underlined text is added; struck through text is deleted. 17C",d;'. issuance of a boarding certiIicate, and thereafter having a valid and current boarding certificate issued by the county. 3. The Code Enforcement Department shall issue a boarding certificate upon thc submission of a written application by the owner of the property or his authorized representative or contractor; upon the payment of the required fee; and upon the confirmation, through inspection by a Code Enforcement Investigator, that the boarding or other method of securing the building or structure has been donc in compliancc with this ordinance. 4. The boarding certificate issued pursuant to this section shall authorize the boarding or other securing of a building or structure for a period of no greater than six months from the date of the issuance. Renewal of the boarding ccrtificate may be granted by Code Enforcement Director or dcsignee after the initial six-month period for an additional six months. A property owner or his representative or contractor seeking renewal of the boarding certiJicate must Iile written request with the Code Enforcement Department no later than ten business days prior to the expiration of the original certiticate. The issuance of a renewal boarding certiIicate shall be subject to all of the following conditions: a. The boarding or other method of securing the building or structure has been done in compliance with this Ordinance, as contirmed by a Code Enforcement Investigator after inspection of thc building or structure by the investigator. b. The owner or his authorized representativc or contractor has submitted to Code Enforcement, 10 days prior to the cxpiration of thc original certificate, a detailed plan for correction, rcpair, or rehabilitation of violations of state or local building and housing standards and for the sccuring of the doors, windows, and other openings by the conventional method used in the original construction and design of the building or structure or, alternatively, a dctailed plan for sale of the property to another person or entity with provision in the sale of correction, repair, or rehabilitation c. The owner or his authorized representative or contractor has submitted to Code Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such work and for completing such work prior to the cxpiration of the renewal certiticate or, alternatively, a time line for the salc of the property. d. The renewal certificate may be revoked by the Code Enforcement Board or Special Master Magistrate if the owner fails to comply with the plan for such work or fails to adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in accordance with this Ordinance. 5. A boarding certiticate may not be extended beyond thc renewal period except upon demonstration that good causc for the renewal exists. Good cause shall require a showing by the owner that the certiIicate renewal is made necessary by conditions or events beyond the owner's control, such as inability to obtain Jinancing for repair or rehabilitation, unanticipated delays in construction or rehabilitation, or unanticipated damage to the property. In addition, where appropriate, good cause shall also require a showing by the owner that the owner has exercised reasonable and due diligence in attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Master Magistrate determines that thcrc exists good cause to rcncw the ccrtificate, the certiticate may be Page 23 of 27 Underlined text is addcd; struck tHroHgh text is deleted. 17C renewed by the Code Enforcement Board or the Special Master Magistrate for a period of up to, but not more than, an additional six months, subject to all of the same conditions imposed on the original renewal certiIicate. 6. No occupied building shall be permitted to be boarded for a period greater than 60 days. SECTION EIGHTEEN: NUISANCES SPECIFIED. It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. SECTION NINETEEN: STANDARDS FOR SECURING BUILDING. I. Compliance with county specifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of sccuring such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by this Ordinance. 2. Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the Jollowing requirements: a. All electrical service to the building or structurc shall be shut off for safety precautions. Compliance with this subsection may be waived in writing by the Building OfIicial or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the building or structurc for which there is an active and current building permit. b. The sewer shall be capped in a manner approved by the County so as to prevent the accumulation of methane gas in the building or structure. c. The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be rcmoved from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. SECTION TWENTY: EXCEPTIONS TO BOARDING REQUIREMENTS. A boarding certificate shall not be required in the following circumstances: I. Temporary emergency situations, including, but not limited to, an activation of a Local State or Federal response plan, hurricane preparation and damage caused by local weather. Page 24 of 27 Underlined tcxt is added; struck throHgh text is deleted. 17C 2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to an order rendered by the CEB. 3. County-initiated boarding and securing. SECTION TWENTY-ONE: AMENDMENTS TO SECTION TWENTY-ONE OF ORDINANCE NO. 2004-58, AS AMENDED. Section Twenty-onc of Ordinance No. 2004-58, as amcnded, is hereby amended as follows: SECTION TWENTY ONE TWENTY: COSTS INCURRED BY COUNTY; ASSESSMENT OF LIEN. All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall be charged and billed to the person in violation of this Ordinance. Unless payment is made within 30 days of such billing, the Board of COHnty Commissioners may, by the adoption of a resolution levying such charges and administrative fees the Code Enforcement Board or Special Magistratc shall assess against the property a lien in the amount of the charges outstanding. Assessment liens levied in this manner shall bc tiled with the Clerk of Courts and in the public records of the County as a lien against the property and shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal rate and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed. SECTION TWENTY-TWO: AMENDMENTS TO SECTION TWENTY-TWO OF ORDINANCE NO. 2004-58, AS AMENDED. Section Twenty-two of Ordinance No. 2004-58, as amended, is hereby amended as follows: SECTION TWENTY TWO TWENTY-ONE: NOTICE OF HEARING FOR REVOCATION OF BOARDING RENEWAL CERTIFICATE. I. The Secretary to the Code Enforcement Board or Special Master Magistrate shall send out a Notice of Hearing to the owner or his authorized representative 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 cstablishing the Code Enforcement Board or Special Master Magistrate, as appropriate. The Sccretary to the Board shall provide Notice to the owner as herein provided at least ten (10) days prior to the hearing at which the revocation consideration will be presented. A copy of said Notice shall be sent to the supervisor of the Code Enforcement Investigator involved, the Code Enforcement Investigator involved and if applicable, the attorney for the Board. 2. The Notice of Hearing shall inform the property owner that he or she is permitted to provide an evidentiary packet of information to the Secretary to the Board or Special Master Magistrate for distribution prior to the Hearing. In order to have the information provided to the reviewing body prior to the Hcaring, the property owner should submit Iifteen (15) copies of his or Page 25 of27 Underlincd text is added; struck through text is deleted. 17C " "} her information to the Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board shall distribute the evidentiary packet to the reviewing body. If the Code Enforcement Investigator intends to provide an evidentiary packet prior to the Hearing, the evidentiary packet must be delivered to the property owner along with the Notice of Hearing. The Secretary to the Board shall not deliver his or her evidentiary packet to the reviewing body until he or she rcceives the owner's evidentiary packet or until the deadline by which the owner's packet of information must be received by the Sccretary has passed. If the owner timely delivers his or her evidentiary packet, the Secretary to the Board shall deliver all preliminary evidentiary packets together. SECTION TWENTY-THREE: AMENDMENTS TO SECTION TWENTY-FOUR OF ORDINANCE NO. 2004-58, AS AMENDED. Section Twenty-four of Ordinance No. 2004-58, as amended, is hereby amended as follows: SECTION T\VENTY fOUR TWENTY-TWO: PENALTIES. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a line not to cxceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion of the Court. Each violation or non-compliancc shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Master Magistrate established pursuant to the authority of Chapter 162, Florida Statutcs. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWENTY-FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section", "article", or any other appropriate word. Page 26 of 27 Underlined text is added; stmck through text is deleted. 17C ill, SECTION TWENTY-FIVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of compctent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY-SIX: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~(,{hday of -:rQl'\lt~~ ,2010. ATTEST:, ' .' . DWIGHT E.,I3.Rbc%;CLERK '~~k <:...9..I1~1Jihy Illerk 1/IIJ.'i'J ,,' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~.~Lv, C~ FRED W. COYLE, CHAIRM N Approved as to form and legal sufIiciency: c\ Page 27 of 27 Underlined text is added; stmck tAroHgh text is deleted. 17C 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 2010-02 Which was adopted by the Board of County Commissioners on the 26th day of January, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2010. DWIGHT E. BROCK Clerk of Courts-apd,Clerk Ex-officio to Boa~q of County Commissioners p~~c Polaski, Deputy Clerk -_.~-"._---_._~-----