Loading...
Backup Documents 01/26/2010 Item #17E COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS (i) 17f 'I ~ , ' To: Clerk to the Board: Please place the following as a: I:8J Norrnallegal Advertisement (Display Adv., location, elc.) o Other: ********************************************************************************************************** Originating Dept/ Div: Code Enforcement Person: Diane Flaggl Code Enforcement Director Date: 01/05/10 Petition No, (If none, give brief deseriplion): AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Petitioner: (Name & Address): Name & Address of any person(s) 10 be nolified by Clerk's Office: (If more space is needed, atlach separale sheet) Diane Flagg, Code Enforcement Director Hearing before x Bee BZA Other Requested Hearing date: Januarv 26, 20tO (Based on advertisement appearing 10 days before hearing), (BCC 01/26/tO based on BCC approval on 01/12110) Ncwspaper(s) to be used: (Complete only if important): I:8J Naples Daily News o Other o Legally Required Proposed Text: (Include legal description & common loealion & Size: Companion pelition( s), if any & proposed hearing date: Does Petition Fee include advertising cost? r8J Yes 0 No If Yes, what account should be charged for advertising costs: 111138911 PO#4500Il0972 Reviewed by: Division Administrator or Designee Date List Attachrnenls: DISTRIBUTION INSTRUCTIONS A. For hearings before Bee 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: o County Manager agenda me: to Clerk's Office o Reqnesting 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 W'!~ y: . 11 l Dale Received: ~ Date of Public hearing: 7.l.s2 LO 11E" Date Advertised: 1j6hn- 17E Acct #068782 January 14,2010 Attn: Legals Naples News Media Group 1100 lmmokalee Road Naples, Florida 34110 Re: Ordinance Amending Ordinance 2007-44 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, Ann Jennejohn, Deputy Clerk P.O. #4500110972 .l1E ~II 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. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on 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 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3301 Tamiami Trail East, Building W, Naples, Florida 34112, (239) 252-8380. 1",7E ";1 Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) Ann P. Jennejohn 17E t:~1 From: Sent: To: Subject: Attachments: Ann P. Jennejohn Thursday, January 14, 2010 11 :50 AM Naples Daily News Legals Amending Ordinance 2007-44 Amending Ord, 2007-44.doc; AMENDING ORD. 2007-44 ,doc Good Morning Legals: Please advertise the attached on Friday, January 15, 2010. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) I Ann P. Jennejohn l1'E , ; t) From: Sent: To: Subject: Pagan, Emely [EPagan@Naplesnews.com] Thursday, January 14, 2010 11 :58 AM Ann P. Jennejohn RE: Amending Ordinance 2007-44 ok From: Ann P. Jennejohn [mailto:AnnJennejohn@collierclerk.com] Posted At: Thursday, January 14, 2010 11:50 AM Posted To: Legals - NDN Conversation: Amending Ordinance 2007-44 Subject: Amending Ordinance 2007-44 Good Morning Legals: Please advertise the attached on Friday, January 15, 2010. Thank you. Ann J ennejohn, Deputy Clerk Clerk to the BCC/VAB Collier County Minutes & Records Dept. 239-252-8406 239-252-8408 (fax) 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. I Ann P. Jennejohn 17{ "I From: Sent: To: Subject: Attachments: Pagan, Emely [EPagan@Naplesnews,com] Thursday, January 14, 2010 12:03 PM Ann p, Jennejohn Ad Confirmation UAS2C6F.jpg ATTACHED please review yaur natice & confirm approval via email. Thank you for placing your ad. PUB. Date JAN. 15, 2010 Publication NDN Ad Number 1835098 Total Ad Cost $223.26 Emely Pagan 213-6061 I NOTICE OF INTENT TO CONSIDER ORDil,ANCE 1'1f tfl NotH;e i'5 hereby given that on Tues- day, January 26. 2010, In the Board. room. ;rd Floor, Adminl,tration Build, lng, ColliN CoUnty Government (en. ter. 3301 East Tarnlarnl Trail. Niiples, Flonda, the Board of COLinty COfl1nli~. sioners will r.onslder the enactmem of a County Ordfnan(,:. Tlw meetino will comm€'nce-at 9:00 A.M Th* titlf? of the proposl;Q Ordinance is as follows: AN ORClINANCE OF THE BOARD OF COUNTY COMMISSIONERS Of Cl1lLIEI\ COUNTY, fLORIDA. AMENDING ORDI- NANCS NO. 2001-'14. THE COLLIER COUNty CONSOliDATED COllE EN- FOIKEMENT ORDINANCE. TO CLARIFY PROCEDURES RHA TiNG TO CODE EN- FORCEMENT CITATIONS BROUGHT B[- FORE IHE CODE ENFORCEMENT ,PE- CIAL MAG ISmA IE. AND TO ADD AP- PEALS 01' DANGEROUS DOG DETERMI- NATIONS ~IO THE IUllISDICTION OF THE5PECIAL, MAGISTRATI:, PROVID. ING FOR CONFlIcr AND SEVEFiABllI. TY; I'ROVIDING FOR iNCLUSION IN THE CODE or LAWS AND ORDINANCES; AND PROViDING AN EFFECTIVE DATE Caple<. aT th@ proposfod Ordinance are on fil!::" wlth the. Clerk to the Board and are availabl.:t for _Inspection AII1nter~ ested parties are inVIted to attend and be- he.:H"d_ NOTE' All p@fsons wlshmg to speak on any agenda It-ern must regis-t~r with the CouMy adminJ'itr21!or pr'lot 10 pre-- senlalion of the- agenda item to be- addr~%ed. Individual speakers. wdl be limited to 3 mlnute'i. on any Item. The sE'lectlon of an Individual to $p~.ak on behalf of an organizmion or group i~ @n(ouraged If re(ognized by the Chairman, a spokespl?rson for a group or organization nlilY be alloned 10 rmnUH!S 10 spleak on ,1m item, ?@rsons w;5h;n~ to have wrirt.@nor graphic mateflais inr.lude--d in Ihl:" HDard ilfJeonda packet!:. mu<:.t submit "aid matl?rial a minimum of 3 w~ek!; IJrior tn th~ respective public heMing n ~lny case, written matp-rial~ intended to b~ comidered by the Board shaH be submitted 10 the appropriat~ Count-y "taft a mirllfllUrTl of <,;€'ver'l days prior to the publiC hl?aring. AlI111ilt€rial us@d In r:H€':ie-ntations before the Board will become i'J permanent part of the re. cord. Any person who de{id~!;. to appeal a de-ci$ion of lh~ Board wiil nl?ed il r@- (ord af the- procee-dings pertaining theretO and Jhli!refor.e. may need 10 ensure that il verbatim record of the proceedir1gs is madE'. which record in (Itjd~s the lEJstimony and evide-ncE' upon which lhE'appealls based. It you are a person W[th a dha~)ility who noeeds, any accommodation rn en. <ler to partkip~te in thi~ proceeding. you .1re entitled, at no <cst to you, to the proVision of certain aS51'nanc.e. Plea5~ conrad the Collier County fa. cilities tVIan6gement D_epartment.. 10 <,ated at 3301 Tiwllami Trail Ea;;t, ~uilding W, N.".ples. Florida 34112, (2'35'1J 252.8380. A'~si5t~d listening de. vices for the he-aring impaired Z1re available in the County CornrTlis'iiol1. Ns'Qftice. Bo,l'\RD Of COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA FRED COYLE, CHAIRMAN DWIGHT E. BROCK. CLERK By; ~\r1n Jennejohn, Deputy Clerk (SEALl Januarv 15, LOiC Noi83509-H Ann P. Jennejohn 17E From: Sent: To: Subject: Naples Daily News [naplesnews@clicknbuy.com] Friday, January 15, 2010 12:11 AM Ann p, Jennejohn Thank you for placing your classified advertisement. Ad # 1835098 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. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance arc 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 prcscntation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to havc 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 bc submitted to the appropriate County stafI a minimum of seven days prior to the public hearing. All material used in presentations before the Board will becomc 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 thereforc, may need to ensure that a verbatim record of the proceedings is made, which rccord includes the testimony and evidence upon which thc appeal is bascd. If you arc 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 FRED COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn, Deputy Clerk (SEAL) January 15, 2010 No 1835098 You also have the exciting option to cnhance 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 I Ccae 131 W(Ct't'Y111t speCl ctl ftrvtma i vry 2DD7-LJ-tf ~ NOTICE Of INTENT TO CONSIDER ORDINANCE Notict is hereby given. that on Tues- dJ~. Mnuary 26, 2010, in the &o.fd- room,3rd floor, Admlnl5tratton BaUd- ing.Collier County Gtlvemment Cen- ter. 3301. East Tamiami Trail, N~ Fiorid-.. the Board of County Commis- sioneR will consider the enactrneAt of a ColJnty Ordinafl(l!. The meeting will commtnee at 9:00 A.M. The tl\"hi of tM proposedOrdinancl!' is as foHows: AN ORDINANCE OF THE sOAID OF COUNTY. COMMISSIONERS OF COWER coutm'. FLORIDA. AMENDING, ORDI. NANQ' NO. 2007-44, THE COW!R COUNlT CONSOLIDATED eODEEN. f01l(:IMfNT ORDINANCE, TO CLAAWY PRO(:IDURI!S RELATING TO C~ EN- FClftQMENT CITATIONS BROUGHT BE- F()iIf !THE . CODE ENFORCEMENT SPE- CIAL MAGJSTRATE,ANI> TO ADD AP- PlAL$.OF DANGEROUS -DOG DETERMI- ftAn0N6 TO THE JURISDICT10N Of Tt1f; $PECIAL MAGISTRATE; PROVIO- ,NG _ CONFlIcrANO SEVERABILI- 1V;HQVIDING FOR INCLUSION IN THE COR: 'Of LAWS - AND ORDINANCES; A,MJ1'IOVIPING AN I:FFECTM DATE. .~~it~hteh:d~~~ 3,rt8g~id :J: ." a8Hable for 'inspectiol1. All int,r- ested parties are invited-to attend and ~ hurd. .0_, .",..' ,.,',",.'.""....iI,~".on an~:,' ",- ... - ,;. -. ...... .'With the ". . c-to,...- son ...' ".."; ,"_"IWI; to' ~ I~~B~;~ I or organization may be allotted 10 minutes to speak on an item. Persons wishin~ to have written or graphic materials included In .the Board agendapllckets must submit said material a minimum of 3 weeks prior to the re1ptctlvepublichearing. In any cas._ e. owr, itten m.t~..... ~,I Is iJ:rten, ,ded to_~ qNJs,id.rtld::by,E--~,~~",.1I be subm~to,~ .. ' . .~..., CCl~nty staff jl,m1nimum'qt" . ..:~'prlor to the -publk-he.aring.::AlI:\'IUlttri.lused in p~tiOi'l5 '6etorf:itl880ardw)1I become-. ~"pett of the re- cord. Any person who- decides to appeal a decision of the Board will need iii re- cord of tbe proc.eedir'9sperta, lning thereto and therefore-, may n..:to ensure that a verbitki1 record.'Qftbe proceedings is m~, which retON ,1ft- ductts: .the testimony' and e~e upon which the appeal is based. If ~ are a person with a disability whO needs any at:cOmmoclation .In or- cter .. participate. in. this pr.QC4!1IldItlg. you lift entitled, at rlO con to yofil, to the' provIslon of. certain'assiltln<e. Pleue. contact the:. Collier County_ F. _.. Manageme:ntbepartmqt" kl- ated. at 3301 Tamf.aml TraN. E:aJt. lwildiAg W, Nar:ites, Florida :3ltIft (239)'Z52-8380. Assimd listenltlg... vkes . for the hearing, impaired . an avail"'e in the Count): Commialcwi, ets'Offlce. IOMDOF COUNTYCOhlMISSIONlR$-. COWIfI COUNTY, FLOJllOA ';'.. _.YlE,otA_.,." '!Jr. · 'll00< g.qK' . . . W'hinnejohn, 'oeputycf~rk' (EAL) , . . MntAIl'y 15, 2010 No11.l5098 MilJiStelJ-7{. Signature of Affiant Sworn to and Subscribed before me this d-- \S-t day of "1c;..V\v-.c...., Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News --------------------------------------------------+---- BCC/CODE ENFORCEMENT CLERK OF CIRCUIT CRT POBOX 413044 NAPLES FL 34101 REFERENCE: 068782 59603852 P.O. #4500110972 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. 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 has heretofore been continuously published in said Collier County, 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 1 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 advertisement for publication in the said newspaper. PUBLISHED ON: 01/15 AD SPACE: FILED ON: 72 LINE 01/15/10 Personally known by me t1E ,i NOTIfi Of INTfNTTO CONSIDER ORDINANCE. . Notice is, hereby given that' on Tues- . day, Janl.m)' 26. 201Q, in the 8oIr<l- rOOP'l, ,3rd FtOOl';.Aclministretlon Build- ing, '(Oijlti:..County,Govemment Cen. ter, 3301 fut T,""iami Trait, Naples, Florid..., tne""Board.. 'of 'County Commis- sioners will Consider the enactment of . coUnty Ordinence: The meeting will commence at, 9:00 A.M. The title of the propqsed Ordlnan(& is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMlSSIONEflS Of .COLI.IER couNTY, ftOIttDA.' AMENOING' ORDI- N~, -NO. 280'1'44; THE COLUER COUNTY, CO"30UDATfO CODE EN- mRCEMEKT '0ft0INANCf, TO' CLARIFY 'IlO(l!""""RllATlNG <0 COOl! EN- FORCEMeNT CITATIONS BROUGHT BE- FORE THE coot. ENFORCiM.ENt SPE- CIAL' MAGJ5l'RATEi ANO TO ADO AP- PfALS Of DANGtROUS DOG DE.TERMI- NA lIONS TO THE. JURISDICTION OF THE SPECi~ MAGtSTM.T(; JlROVIO- INGFOft -CONl'UCt AND !iEVEIlABILl- lV; PROVIO:lNG faR INClUstQ)t-fN THE COM:' OF ,tAWS' AND, OADlNANCfS; A'NO PROVIOlf'GAN, fFftCtlVE DAre. o ,', ,:., Copies of the proposed Ordinance are ~~ f~:~t~rC1::;~~'B=1';i esited~,..InYlt<<l to attend' and ..._' ",' '",,:"/"';-' ~.11~~=akwi~h **1 " ' istrMOr,rlwto pre_ sentatlon' of the agenda "Item to be _.---,---~,--- addressed., ln4ivid1.lal spe<llumi will -be IimitefOi ~3 ,mmuteson ~ltem; The selecl:1Qn (If lJ~indi,vtdual to'speak on beflalf. of an Cll'ganitltion, orQl"oupis encouraged. If ntcognited by the Chajrmln,a~esperson for a grouP. or org.niilt-jon mty be, aHatted 10 minutes to sptak on an item. PertOns wl5l1ing to have written or grlllptik matef'lals inclUded. In the Board agertda- -pactlMS must submit said mabn'i.l1 al'fllnlmum of3 weeb prior to:tf\e, 1'$l~IVfI public hearing. In any ClI.,Wtitteh,rilaterial$,i"~ to~ cooodered'byttie- ~t4 stu!tlfje $Ub"Uttedtofhe'ap~ Ohtfity Sbff,a mlnimurri of~n_ rJa~,W~NO the publk "hltatl~~ "All, rnatiliiH,~ In'pm~ tiefOl'I' the-'Botrd.:WiIl become a permanent part -M ttte',!re- cord. Any p..... who deddoo t':I(' c!ed~,,' 11 of the ~rd w'i,"','"'~: I"Ie- """, ',9ftheprowd-,',j 9 tl'lerffo aiict therefJite,"'l'naf~, ,0 enAAe,' that ,a-'A'rbMim _ fewl'd;01 the proceedings is made, whitt! rec:ot'd In- cludes the te$limony and ,evidenc~ upon whlchthe-appeal is !wed. If you .r. a person with a disability whO need5 any 'ac,ommodatiOftln or- derto plrticiPJtein this pl~ng, you IR! entitled. at no cost to you, to the' pr~iSfon' of, certain assistance. Ple.se contatt"theCollier CoUnty fa- cilit,ies.Mani!l!Jem8l'l:t Department,. lo- cated.. at . 3301 Tamlami Trail East, Building W. Naples, Florida 3411i, (239) Z52.a3fQ, ASsisted listening de. vkes for the' 'hearing ~alredare a~i=e.in the COuntyotrynimon- SOARD OF COUNtY coMMIsSIONERS COWER COUNTY, fl~tDA ~F!:S~~'be~ January 15. 2010 Not835098 20\0 KAROL E KANGAS ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP i17 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only!!.f!!r the Board ha'i taken action 011 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 hf exception of the Chairman's signature, draw a line throuQh routimzlines #1 throul!h #4, comnlete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routine order) 1. Judy Puig CDES Administration ~ 1\a-12)/O 2. 3. 4. 5 Ian Mitchell, Supervisor, BCC Office Board of County {A_ I/'l't/o.) Commissioners 6. Minutes and Records Clerk of Court's Office 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 BCC Chairman's signature are to be delivered to the Bce office only after the Bee has acted to approve the item. Name of Primary Staff Marlene Serrano Contact Agenda Date Item was tra.Vlt.lt({"! ';It,. dolO A roved b the BCC Type of Document Attached Phone Number Agenda Item Number Consolidated Code Enforcement Ordinance -0 Number of Original Documents Attached 252-2487 17E Yes (Initial) N/A (Not A Iicable) I. INSTRUCTIONS & CHECKLIST Iniliallhe 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 documenls 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, agreemenls, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 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 The Chairman's signature line date has been enlered as the date ofBCC approval of the document or the final ne otiated contracl date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicaling where the Chairman's si nature and initials are re uired. In mosl cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mitcbell 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! The document was approved by the BCC on_ I O<t /0 _(enter date) and all changes made during the meeting have been inc rpo ated in tbe attached document. Tbe Count Attorne 's Office has reviewed the chan es, if a licable. ~ N/A ~ I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04. Revised 1.26.05, Revised 2.24.05 2. 3. 4. 5. 6. 17 E _I MEMORANDUM Date: February 8, 2010 To: Marlene Serrano, Code Enforcement From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Validated Ordinance 2010-04 Please find one copy of the above referenced document (Agenda Item # 17E) 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 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 17EII" 17E "~I' 01 COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE ORDINANCE NO. 201O-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2007-44, THE COLLIER COUNTY CONSOLIDATED CODE ENFORCEMENT ORDINANCE, TO CLARIFY PROCEDURES RELATING TO CODE ENFORCEMENT CITATIONS BROUGHT BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE, AND TO ADD APPEALS OF DANGEROUS DOG DETERMINATIONS TO THE JURISDICTION OF THE SPECIAL MAGISTRATE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIlI of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carryon County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions neccssary for the exercise of its powers and prescribe tines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), Florida Statutes, recogmze that the enumeration of powers in Section 125.01(1), Florida Statutes, incorporatcs all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, pursuant to Chapter 162, Florida Statutes, 'The Local Government Code Enforcement Boards Act," the Board of County Commissioncrs of Collicr County duly enacted Collier County Ordinance No. 2007-44, known as "Thc Collier County Consolidated Code Enforcement Ordinance." NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Page I of 18 17 E 4. SECTION ONE: Amendment to Ordinance No. 2007-44. ARTICLE I. General Section J. Title and Citation. This Ordinance shall be known and may be cited as thc "Collicr County Consolidated Code Enforcement Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agrec, by resolution of the governing bodies of both the County and the municipality, to have this Ordinancc apply and be enforced in the municipality. Section 3. Purpose and Authority. It is the intent of this Ordinancc to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisancc Abatement Board from time to time, and a Special Magistrate, with authority to impose administrativc fines and other noncriminal penalties; and to provide a Code Enforccment Citation process for cnforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the following meanmgs, unless the contcxt clearly indicates otherwisc. Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners of Collier County, Florida. Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a \Witten order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign thc notice to appear, the Code Enforcement Officer has no authority to arrest such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or rcduced to \Witing. Page 2 of 18 ll.lE __ Person means an individual, association, finn, partnership, corporation, or other legal entity. Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers. Public nuisance means those nuisances as identified in either 9 893.138 or 9 823.05, Florida Statutes, or othcr statute or ordinance declaring public nuisances. Repeat violation shall mean a violation of a provision of a codc or ordinance by a person who has been previously found through the Enforccment Board, Special Magistrate, or any other quasi- judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations. Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, developmcnt and coordination of all administrative and case management scrviccs necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the casc may be. Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinanccs. Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to cnforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to carry out thcir duties, consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. Section 6. Powers and duties. (I) Both an Enforcement Board and a Special Magistrate shall have the power to: (a) Adopt rules and regulations for the conduct of hearings; (b) Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; (c) Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary cvidence, which subpoena may be servcd by the Collier County Sheriff or a duly authorized person; (d) Take testimony under oath; (e) Hold hearings on notices of violations and citations; (I) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; (g) Assess administrative lines, costs, and to impose licns and order the payment of such fines, as provided for herein; Page 3 of 18 17 Ell (h) Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the eEnforcement b~oard or Special Magistrate; and (i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. ARTICLE II. The Code Enforcement Board and Nuisance Abatement Board Section 1. There shall be one or more Enforcemcnt Boards which shall, from timc to time, also function as the Collier County Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County codes or ordinances. Section 2. The Enforcement Board shall be comprised of seven members and two alternate members appointed by the Commission. Members of the Enforcement Board shall include, whenever possible, an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier County and shall serve without compensation. Section 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. Section 5. Terms of office shall be in accordance with Ordinance No. 2001-55, as it may be amended. Section 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor ordinance. The members shall serve at the pleasurc of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically tcrminate. Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 8. The initial appointments to the Enforcement Board shall be as follows: (I) Two members shall be appointed for a term of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a term of two years and one alternate member shall be appointcd for a term of three years. (5) Thcreafter, all appointments shall bc made by the Commission for a tcrm of three years. (6) In the event any member's term, including that of any alternate member's term, expires during the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired term shall automatically bc extended for the limited time and for the limited purpose of presiding Page 4 of 18 17 E \'~. over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's term shall continue for the limited time and limited purposc to rehear the matter and reach conclusion by Iinal vote. Section 9. Organization of the Enforcement Board. (I) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other officers as the Enforcement Board shall deem necessary, after election to such position by the regular voting Enforcement Board members. (2) OfIicers of an Enforccment Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter. (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board, and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointcd attorney shall be compensated as provided by the Commission. (6) The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No. 2001-55, as it may be amcnded. ARTICLE III. Special Magistrate Section 1. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations under the procedures set forth in Article V herein, issued by but not limited to, the Collier County Sherin's office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. In addition, the Special Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant to Chapter 767. Florida Statutes. Section 2. Qualification, appointment, and removal of Special Magistrates. Appointment ofa Special Magistrate shall be based on the following qualifications and terms: (I) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law, land use law and local government regulations and proccdures, (c) be a member in good standing with the Florida Bar, and (d) be either a certified mcdiator undcr the rulcs of thc Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a formcr judge, and (e) meet other such qualifications that may be established by resolution of the Commission. (3) Special Magistrate appointment shall be for a two year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each Page 5 of 18 17 E~' individual Special Magistratc at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to cxpiration of his or her term or the Review Board determines that thc Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates prcviously interviewed to till the vacancy within 30 days. Section 3. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the OfIice of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommcnd the removal or reappointment of said Special Magistrate(s) to the Commission. ARTICLE IV. Procedures Governing the Code Enforcement Board, Nuisance Abatement Board, and the Special Magistrate Section I. Enforcement procedures. Mattcrs brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (1) Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a rcasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The notice shall state the time and place of the hearing, as well as the violation(s) which are alleged to exist. (4) If the violation is corrected and then reoccurs, or if the violation is not corrected by the time spccified for correction in the notice, the Code Enforcement Officer may either issue a citation or schedule the case for hearing, and the notice of hearing shall so state. If the Code Enforcement Officer initiates the hearing process, the case may be brought for hearing even if thc violation has been corrected prior to hearing, and the notice of hearing shall so state. (5) If the Code Enforcement Officer has reason to believe a violation or the condition causing the violation prescnts a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the Code Ent()rcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements as set forth above. (6) If a repeat violation is found, the Codc Enforcement Ot1icer shall notify the Violator but is not required to give the Violator reasonable time to correct thc violation. The Code Enforcement Page 6 of 18 17E .. I Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state. (7) If the owner of propcrty which is subject to an Enforcement Board or Special Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the procceding to the prospective transferee; b. Delivcr to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding reccived by the Violator/transferor; c. Disclose, in writing, to the prospectivc transferee that the new owncr will be responsible for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding; and d. File a noticc with the Code Enforccment Department of the transfer of the property, with the identity and addrcss of the new owner and copies of the disclosures made to the new owner, within five days aftcr the date of the transfer. A failure to makc thc disclosure described abovc and before the transfer creates a rebuttable presumption of fraud. If the property is transferrcd before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a rcasonable period of time to correct the violation before the hearing is held. Section 2. Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (I) Any employee, officer or resident of Collier County may makc a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article 1, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Shcriff's Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non-criminal nuisance complaints shall be made with the Collicr County Code Enforcement Department. (2) Upon the making of more than two complaints within a six-month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certiIied mail, return receipt requested, to the owner of the place or prcmiscs complained of at the owner's address listed in the tax collector's office of tax notices. Said noticc shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as are appropriate to abate the nuisance. The Code Enforcement Dcpartment supervisor or his/her designee may extend the 14 days to allow the owner to initiate or continuc actions to abate the nuisance, provided that the actions taken arc reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule a hearing on the complaint before the Nuisance Abatcment Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in Page 7 of 18 17 E 1~ serving any notices required under this division. The Sheriffs Officc shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. (4) Written notice ofa hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the Enforcement Board by certified mail, return receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall includc: a. A statement of the time, place and nature of the hcaring; b. A statemcnt of the legal authority and jurisdiction under which the hearing is to be held; c. A referencc to the particular scctions of the statutes and ordinances involved; and d. A short and plain statement summarizing the nuisance, which is the subject of the complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisancc Abatement Board, and Special Magistrate. (I) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance Abatement Board or Special Magistrate, respectivcly. Each subpoena shall state the name of the Enforcement Board, the titlc of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. (2) A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, documents or tangiblc items designated therein. The Enforcemcnt Board, upon motion made timely and in any event at or before the time speciIied in the subpocna for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or opprcssive, or (2) condition denial of the motion upon the advancement by thc person on whose behalf thc subpoena is issued of the reasonablc cost of producing the requested books, papers, documents or tangible items. (3) A subpoena may be served by any pcrson authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the pcrson making service if not served by an officer authorized by law to do so. Proof of service shall be Iiled with the Secretary of the Enforcement Board. The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in ~ 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whosc rcquest the subpoena is issued and shall be paid to the witness at or before the time of service of thc subpoena. Section 4. Conduct of hearing. (1) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being hcld by the Code Enforccment Board. Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special Magistrate may be convened. (b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. Page 8 of 18 liE it (c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shall be observed and shall govern all hearings. (d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a violation(s) does exist and that the Violator committcd, or was responsible for maintaining or allowing the violation to continuc. (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may bc conducted and an order rendered even in the absence of the Violator. (f) All testimony shall be under oath and shall be recorded by a certiIied court reporter and/or a recording instrument. The Violator may cause the proceedings to bc recorded by an independent certified court reporter. (g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would normally rely in the conduct of business affairs, rcgardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidcnce may be accepted for the purpose of supplementing or cxplaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesscs, impcach witnesses and rebut evidence. The Violator may be represented by legal counsel at all hearings. (j) At the conclusion of the hearing, an Order shall be issued. Orders shall be based on competent and substantial evidence entered into the record, and must bc bascd on a preponderance of the evidence. Thc decision shall then bc scnt, by regular First Class United States Mail, to the Violator in the form of a written Ordcr including Iindings of fact and conclusions of law based on evidence of record. (k) Should an Enforcement Board or Special Magistratc be unable to issue a decision immcdiately following any hearing because of questions of law or other matters of such nature that a decision cannot be immediately madc, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. In such a case, further discussion of the pending matter and all deliberations relating thcrcto by members of an Enforcement Board shall occur at a public meeting of the Enforcemcnt Board. The Enforcement Board or Special Magistrate shall thercaftcr issue its decision pursuant to subscction (I)(j) of this Section. (I) A certified copy of such order may be recorded in the public records of Collier County and shall constitute noticc to any subsequent purchasers, successors in intcrcst, or assigns as the violation(s) concern(s) real property, and thc findings therein shall be binding upon the Violator and, if the violation(s) concern(s) real property, any subsequent purchasers, successors in interest, or asslgns. (m) If Collier County prevails in prosecuting a case before the Enforcement Board or Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by the County. Whether and to what cxtent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magistrate, but shall not cxceed the costs incurred. Page 9 of 18 17 E '4' (2) Special Additional Rules for Nuisance Abatement Board. The Collier County Code Enforcement Department shall present cases before thc Nuisance Abatement Board. The Collier County Sheriffs Otlice shall only be rcsponsible for receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to schcdule hearings, assisting Code Enforcement Department staff in serving any notices required under this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings. Where appropriate, the public may be given an opportunity to prescnt oral or written communications, in which event all parties shall be given an opportunity to cross-examine, challenge, or rcbut said material. After considering all evidence, the Nuisance Abatement Board may declare thc place or premises to be a public nuisance, as de1ined by applicable County ordinances and Florida Statutcs, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premiscs or any part thereof; (c) Thc conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisancc. An Order entered under subsection (b) shall expire after one year or at such earlier time as stated in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized person, may bring a complaint under 9 60.05, Florida Statutcs, seeking a permanent injunction against any public nuisance. Section 5. Penalties before Enforcement Board and Special Magistrate. (I) Upon a finding of violation, the Enforcemcnt Board or Special Magistrate may order the Violator to pay a fine which shall not exceed $1,000.00 per day per violation for each day the first violation continues past the date set for compliancc by the Enforcement Board or Special Magistrate; or in the case of a repeat violation, may order thc repeat Violator to pay a fine which shall not exceed $5,000.00 pcr day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has bccn repeated, and a hearing shall not be necessary for thc issuance of the Order. If the Enforcement Board or Special Magistrate Iinds a violation to be irreparable or irrcversible in nature, it may impose a line not to exceed $15,000.00 per violation. (2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate, as the case may be, shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the Violator to correct the violation; and (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250.00 per day for each day the Jirst violation continues past the date set for compliance; or in the case of a repcat Violator, may order the repeat Violator to pay a fine which shall not exceed $500.00 per day. (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct thcir own retail business, the property owner shall not be subject to a lien against his or her property or thc prohibition of operation provision if the property owner cvicts thc business declarcd to be a nuisance within 90 days after notification by rcgistcred mail to thc Page 10 of 18 17E property owner of a second stolen property convictIOn of the tenant. The total fines imposed pursuant to the authority of 9 893.138, Florida Statutes, shall not exceed $15,000.00. (5) A certitied copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, and upon any other rcal or personal property owned by the Violator; and shall be supcrior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person except thc lien of county taxes, and shall be coequal with county taxes enforced in thc same manner as a court judgment by the sheriffs of this state, including levy against personal property, but shall not bc decmcd to be a court judgment except for enforcement purposes. After three months trom the filing of any such lien which remains unpaid, the enforcement board may authorize the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Section may be foreclosed on real property that is a homestead under Article X, Section 4 of the Florida Constitution. (6) No lien provided undcr this division shall continue for a pcriod longer than 20 years after the certified copy of an Order imposing a line has been recordcd, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commcncement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unlcss a notice of lis pendens is recorded. Section 6. Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its attorncy and/or the sherit1's ofIice have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Ordcr imposing costs may be recordcd in the official records and thereafter shall constitute a lien against thc land on which the violation exists or, ifthc Violator does not own the land, upon any other real or pcrsonal property owned by the Violator. Upon petition to the circuit court, said order/lien may bc cnforced in the same manner as a court judgment except for enforcement purposes. After one year from thc tiling of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovcry of all costs, including reasonable attorney fees, associated with thc recording of the order and foreclosure. Interest shall accruc on thc unpaid costs at the legal rate of intercst set forth in 9 55.03, Florida Statutes, as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to thc provisions of this Section may be foreclosed on rcal property that is a homestead under Article X, Section Four of the Florida Constitution. Section 7. Rehearing of Enforcement Board or Special Magistrate action. (1) A request for rehearing shall be made in writing. Either the Prosecutor or the Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be Iiled with the Secretary to the Enforcement Board, and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate, within ten days of the date of receipt of the written Order of the Enforcement Board or Special Magistrate, but in no event more than 20 days from the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the Page 11 of 18 11E .~ decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after the date the decision is made. If the Enforcement Board or Special Magistrate determines it will grant a rehearing, it may either: (a) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specitic reasons for which the rehearing was granted; or (b) Modify or reverse thc prior order, without receiving further evidence, provided that any modification is based on a tinding that the prior decision of the Enforcement Board or Special Magistrate resulted from a ruling on a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling. (3) The Order of the Enforcemcnt Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not commence to run until a request for rehearing has been denied or otherwisc disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the Order be stayed for a period longer than 20 days trom the datc of mailing of the rehearing decision. Section 8. Appeals. (1) With the exccption of violations of Ordinance No. 72-8; Ordinance No. 74-9, as amended; Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codiIied in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not bc a hcaring de novo but shall be limited to appellate review of the record created before the Enforcemcnt Board or Special Magistrate. Any appeal shall be tiled within 30 days of the execution of the Order to be appealcd. (2) For violations of Ordinance No. 72-8: Ordinance No. 74-9, as amended; Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to thc County Court for a trial de novo on the merits within 30 days of the execution of the Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to thc proceedings before an Enforcement Board or Special Magistrate should elect to appeal, a verbatim record of the procecdings may bc required or may be desirable. It shall be the sole responsibility of the allcged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and thc Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9. Notices. (1) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certitied mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's otlices for tax notices, and at any other address provided to the local government by such owner and is returncd as unclaimed or refused, notice may be provided by posting as dcscribed below, and by first class mail dirccted to Page] 2 of ] 8 17E i" " the addresses furnished to the local government with a properly executed proof of mailing or aflidavit confirming the first class mailing; (b) Hand-delivery by the shcrifT or other law enforcemcnt officer, Code Enforcement Oflicer, or other person designated by the Commission; (c) Leaving the notice at the Violator's usual placc of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises. lcaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (I) above, at the option of the Enforcement Board or Special Magistrate, notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for four consecutive wecks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requiremcnts as are prescribed under Chapter 50, Florida Statutes, for legal and ofIicial advertisements. (b) Proof of publication shall be made as provided in 99 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be thc property upon which the violation is alleged to exist and the other of which shall bc at or near the front door of the Collier County Courthousc. (4) Proof of posting shall be by affidavit of the person posting the notice, which aflidavit shall include a copy of thc notice posted and the date and places of posting. (5) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to providc noticc by hand delivery or by mail as required under subsection (I) of this Section. (6) Evidcnce that an attempt has been made to hand deliver or mail notice as provided in subsection (1) of this Section, together with proof of publication or posting, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the Violator actually received such notice. (7) Proper notice may bc assumcd when a notice of violation and/or hearing has been mailed to, and accepted by, the Violator or his or hcr agent or other person in the household or business, or where a Code Enforcement Otlicer, under oath testifies that he/she did hand-deliver the notice to the Violator. ARTICLE V. Code Enforcement Citation Regulations Section 1. Purpose and Authority. It is the intent of this Article to promotc, protcct, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemcntal means of enforcing County ordinances by crcating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court and before the Code Enforcement Board, Nuisancc Abatcment Board, or Special Magistrate. The authority for this Article is Chapters 125 and 162, Florida Statutes, Part II. Section 2. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. Page 13 of 18 17E _ (1) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforccment officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement ofIicer with authorization to issuc citations and notices to appear does not provide thc designated code enforcement officer with the power of arrest or subject the code enforcement officer to thc provisions of 99943.085-943.255, Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a writtcn proccdure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: (1) The citation and no/ice to appear. a. Applicable laws and enabling legislation. b. Purpose of citation and notice to appear proccdurcs. c. Powers and limitations of citation and notice to appear procedures. (2) Re,\ponsibilities of/he code officer. a. Enforcement policies. 1. When to use citation and notice to appear power. 2. Warnings. (3) Issuing citation and notice /0 appear, a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. d. Court data. e. Practicc writing citations and notices to appear. (4) Signature of'code Viola/or and/or refusal /0 sign a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public con/act. a. How to handle difficult situations. b. Angry people. (6) Sworn statements, (7) Keepingjlles. a. Documentation and building a case. b. What to do with Iiles for court action. (8) Court room procedures, a. Appearance. b. Demeanor. C. Tcstimony. d. Judges. Page 14 of 18 17E'_ Section 4. Powers and duties of designated Code Enforcement Officers. (1) It shall be the duty of those pcrsons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonablc cause to bclieve that the person(s) has (have) committed a civil inti-action in violation of any duly enacted county codes or ordinances. (2) As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article. Section 5. Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcemcnt procedures set forth in this article and any other applicable enforcement procedure sct forth in any other county code or ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil pcnalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separatc civil inlraction. Section 6. Citation and notice to appcar procedures. (I) Prior to issuing a citation or a notice to appear, a Code Enforcement Officcr shall provide written notice to the person that thc person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than fivc days and no more than 30 days if a notice to appear is issued. It~ upon personal investigation, a Codc Enforcement OfIicer tinds that the person has not corrected the violation within the time period, a Code Enforccment OfIicer may issuc a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officcr does not have to provide the person with a reasonable timc pcriod to correct the violation prior to issuing a citation or notice to appear, and may immediately issuc a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officcr has reason to bclieve that the violation presents a serious threat to the public health, safcty or welfare, or if the violation is irreparable or irreversible. (2) Written warning notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand-delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or noticc to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certi lied mail, return receipt rcqucsted. Each cmployee of the business shall be deemed to be an agent of the business for scrvice of warning notices, citations, and notices to appear; said warning noticcs, citations, and notices to appear may also be served on the registered agcnt for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or noticc to appear with the county court. Page 15 of 18 1 7 E'41 (4) Upon issuance of a citation or notice to appear, the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out hercin within 30 days from issuance of thc citation or notice to appear; or (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contcst the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the cstablished period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgmcnt shall be entered against the person for the amount of the maximum civil penalty $500.00. (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, thc county may record a certified copy of said judgment in the official records of the county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written veriIication of payment Jrom the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Otlicial Records of Collier County. (7) The provisions of this Articlc arc an additional and supplemental means of enforcing county codes and ordinances and may be used for thc enforccment of all applicable county codes or ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforccmcnt, pursuant to 99 553.79 and 553.80, Florida Statutes, ofthc Building Codes adopted pursuant to !l 553.73, Florida Statutes, as they apply to construction; provided that a building pcrmit is eithcr not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to !l 553.73, Florida Statutes. Section 7. Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The numbcr or section ofthc code or ordinance violated. (6) The namc and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contcst the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the timc allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the Page 16 of 18 17E 'tf_ citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty 01'$500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedulc of violations and penalties to be assessed by Code Enforcement OfIicers for those codes and ordinances cnforced pursuant to this Article. (2) Schedule of violations and penalties: Except as otherwise provided bv law, Ffor uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding oITense; first offensc $105.00, second offense $255.00, and third or more offense $405.00. (3) The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriatc civil penalty, as set forth above in this article. within 30 days from issuance of the citation or notice to appear to thc clcrk of the circuit court. (b) Ifa person elects to contcst a citation or noticc to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court. (4) Ifa person fails to pay the civil penalty specified by the schedulc of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty sct forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in ~ 775.082 or ~ 775.083, Florida Statutes. (6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and; (b) All other monies paid by, and collcctcd from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI. Affirmative Defense Section 1. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required to be obtained prior to April I, 1997, and the person charged with such allegcd failure demonstrates by a preponderance of the evidence that the work Page 17 of 18 17E '1l4 which was alleged to have bcen completed without a permit bcing duly issued meets all codes and requirements in effect at the time the permit was required. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereot~ shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauscs or phrases and their application shall not be affected thereby. SECTION FOUR: Inclusion in the code of laws and ordinances. The provisions of this Ordinancc shall become and be made a part of the Codc of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with thc Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 24' ,day of _7"),,, j c1 , '} ,2010. , A TTESr, ",,1(' fi, DwilWt'B. BrQik;:~rk ~~~~ Att&S~;I~.:.tG\~',:,~,.oeputy Clerk ~ 10llat~i"tt4lA,)I11~;;.)' A pproved 'as to form and I sufficifncy: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '-~ W '~ By: . C FRED COYLE, Chairm 11 right nt County Attorney Page 18 of ] 8 l1E ~i~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and far the Twentieth Judicial Circuit, Callier Caunty, Flarida, do. hereby certify that the faregaing is a true and carrect capy of: ORDINANCE 2010-04 Which was adapted by the Baard af Caunty Cammissianers on the 26th day af January, 2010, during Regular Sessian. WITNESS my hand and the afficial seal of the Baard af Caunty Cammissianers af Callier Caunty, Flarida, this 28th day of January, 2010. DWIGHT E. BROCK _ ; :1, . /< Clerk of Caurt;s,ahdClerk Ex-afficia to.. Board af , Caunty CammissiQners ~. . ;. -;' . ~YjA)j>d_P;(;{~ \C_~ By: Teresa Palaski, Deputy Clerk