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Agenda 06/23/2009 Item # 8A Agenda Item No. 8A June 23, 2009 Page 1 of 9 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve an ordinance creating a mandatory code inspection of foreclosed and abandoned homes, which requires owners of abandoned residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report and certificate of inspection relating to the subject property's compliance with current Collier County Ordinances, including building codes and permitting and zoning regulations, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners' previous direction OBJECTIVE: That the Board of County Commissioners (Board) approve an ordinance creating a mandatory code inspection of foreclosed and abandoned homes which requires owners of abandoned residential properties who have acquired title through foreclosure or a deed in lieu of foreclosure to obtain an inspection report and certificate of inspection relating to the subject property's compliance with current Collier County Ordinances, including building codes and permitting and zoning regulations, and to disclose said findings prior to subsequent sale, consistent with Boards' previous direction. CONSIDERATIONS: At the May 26, 2009 BCC meeting, under Agenda Item #10J, staff, based on input from several interested organizations and constituents within the community, presented to the Board a proposal whether to implement a mandatory code inspection of vacant and foreclosed residential properties and Certificate of Inspection program, prior to sale, within the unincorporated area of Collier County and to document and disclose to the buyers the extent to which the residential properties comply with all applicable building codes and zoning codes, and to seek guidance whether to implement a voluntary or mandatory code inspection of the residential properties prior to sale. At the conclusion of that presentation the Board directed staff to return with an ordinance to implement a mandatory inspection program for abandoned and foreclosed residential properties and to create a process to have the inspections performed by certified inspectors from the private sector. The purpose of the inspection program is to document and disclose to the potential buyer the extent to which residential properties (i.e., single-family, condominium, townhouse, or duplex) comply with all applicable building codes primarily related to health and safety issues created through the lack of proper permitting of major additions and/or internal modifications. The inspection process is to be conducted by a state or county licensed contractor, licensed building inspector, or licensed ot registered design professionals that are required to comply with the Florida Building Code and that are licensed under part XII of chapter 468, chapter 471, chapter 481, or chapter 489 of the FIOlida Statutes and said Inspector, Contractor, Engineer, or Architect is subsequently required to prepare an Inspection Report, and to provide such report to any prospective purchaser or lessee, with a copy filed with Collier County. Until such time as Part XV of chapter 468 is in effect, it is acceptable for these inspections to be performed by a certified Home Inspector. ,- Additionally, the Ordinance requires the title holders of abandoned and foreclosed residential properties obtain a Certificate of Inspection or similar certification from the county upon filing the required inspection form with the County Manager or designee as defined in the implementing administrative procedures manual. The inspection report will identify building or Agenda Item No. SA June 23, 2009 Page 2 of 9 zoning code violations based on research of permit files, the property record and an on-site inspection, the zoning of the property, and any variances or zoning resolutions applicable to the property. Noted violations will be forwarded to the Code Enforcement Department, as customary with any violation, and ample time will be allowed to abate the violation(s). It is not the intent of this program to prohibit the actual transfer of property from the buyer to the seller. It is up to either party to determine whether the violations will be abated by removal of the violation or through proper permitting pursuant to existing codes and ordinances, and whether those violations will be corrected prior to or after closing. An amendment to the Collier County Community Development and Environmental Services Fee Schedule resolution related to fees for the filing and staff review of the inspection report is proposed to read (underline indicates change): IT) MANDATORY CODE INSPECTION OF FORECLOSED AND ABONDONED HOMES INSPECTION J) Disclosure and Findings Rem)!"! filing fee -- $50.00 FISCAL IMPACT: This ordinance provides for the developing of an administrative manual which will allow for the fonnulation of any and all required fees to cover the administrative costs incurred by the county to implement and enforce the ordinance. LEGAL CONSIDERATIONS: The proposed Ordinance was prepared by the County Attorney's Office and is legally sufficient for Board action. This item is not quasi-judicial, and as such, ex parte disclosure is not required. This matter requires a simple majority vote only. -JW GROWTH MANAGEMENT IMPACT: None. RECOMMENDA TION: That the Board approve the attached ordinance to establish the mandatory inspection program for foreclosed and abandoned residential properties. PREPARED BY: Joe Schmitt, Administrator, CDES A.genda Item No. SA June 23, 2009 Page 3 of 9 ORDINANCE NO. 2009 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENTITLED "MANDATORY CODE INSPECTION OF FORECLOSED AND ABANDONED HOMES ORDINANCE," WHICH REQUIRES OWNERS OF ABANDONED RESIDENTIAL PROPERTY WHO HAVE ACQUIRED TITLE THROUGH FORECLOSURE OR THROUGH A DEED IN LIEU OF FORECLOSURE, TO OBTAIN AN INSPECTION REPORT WITH RESPECT TO SAID PROPERTY, TO DISCLOSE THE INSPECTION REPORT PRIOR TO SUBSEQUENT SALE, TO FILE THE INSPECTION REPORT WITH THE COUNTY, AND TO OBTAIN A CERTIFICATE OF INSPECTION RELATING TO THE SUBJECT PROPERTY'S COMPLIANCE WITH APPLICABLE COLLIER COUNTY ORDINANCES, INCLUDING BUILDING CODES AND PERMITTING AND ZONING REGULATIONS; FURTHER PROVIDING FOR DISCLAIMER OF LIABILITY; IMPLEMENTATION BY ADMINISTRATIVE MANUAL; VIOLATION AND PENALTIES; SUNSET; CONFLICT AND SEVERABILITY; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County Commissioners (Board) seeks to protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, current economic conditions have caused unprecedented levels of mortgage foreclosures and abandoned homes in Collier County; and WHEREAS, the Board finds that, unlike most residential property, many abandoned and foreclosed residences fall into substantial violation of current building codes and permitting and zoning regulations, which poses a substantial threat to the health, safety and welfare of Collier County residents; and WHEREAS, the Board desires to address this potential threat to the health, safety and welfare of Collier County citizens and its detrimental effect on property values by requiring owners of abandoned residential property who have acquired title to said property through foreclosure, or through a deed in lieu of foreclosure, to obtain inspections relating to the property's compliance with applicable building codes and permitting and zoning regulations, and to disclose the results of the inspection prior to subsequent sale. Page 1 of4 Agenda Item No. 8A June 23. 2009 Page 4 of 9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE: Title and Jurisdiction. This Ordinance shall be known as the "Mandatory Code Inspection of Foreclosed and Abandoned Homes Ordinance." The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. SECTION TWO: Mandatory Inspection of Foreclosed and Abandoned Homes. For all abandoned residential properties that have been acquired through foreclosure, or through a deed in lieu of foreclosure, the owner of such property shall obtain an Inspection Report, and a Certificate of Inspection, prior to subsequent sale. Inspections shall be conducted by a State or County Licensed Contractor, Licensed Building Inspector, or Licensed or Registered Design Professional required to comply with the Florida Building Code and licensed under Chapter 468 (Part XII or Part XV), Chapter 471, Chapter 481, or Chapter 489, Florida Statutes. Until such time as Part XV of Chapter 468 is in effect, inspections may be performed by Certified Home Inspectors. The Inspection Report resulting from said inspection shall be provided to any prospective purchaser, with a copy filed with Collier County. The Inspection Report and Certificate of Inspection required herein shall be for the purpose of determining whether or not the property in question complies with all applicable County ordinances relating to permitting, zoning, building, and any other ordinance the violation of which presents a threat to public health, welfare or safety, and to provide timely disclosure of those findings to any prospective purchaser, and to Collier County. The form of the Inspection Report and Certificate of Inspection shall be approved by Resolution of the Board, as amended from time to time. SECTION THREE: Filing of Inspection Report; Fees. The Inspection Report shall be filed with the County no later than ten business days following the inspection. Upon filing of the Inspection Report, the County Manager shall issue a Certificate of Inspection. The Inspection Report, together with the Certificate of Inspection, shall be filed in the Official Public Records of Collier County. Any County ordinance violations disclosed in the Inspection Report shall be forwarded to the Collier County Code Enforcement Page 2 of 4 Agenda Item No. SA June 23.2009 Page 5 of 9 Department for appropriate action. The County Manager is authorized to collect a reasonable filing fee for the administrative costs associated with filing of the Inspection Report and issuance ofthe Certificate of Inspection, as established in the appropriate fee schedule resolution. SECTION FOUR: Disclaimer of Liability. In issuing any Certificate of Inspection hereunder, Collier County expressly disclaims any liability for any matter disclosed, or not disclosed, by the Inspection Report, or for issuance of any Certificate of Inspection. The failure of an Inspection Report to disclose an existing defect or code violation shall not preclude the County from thereafter requiring compliance for such defect or violation. This Ordinance does not create any private cause of action against Collier County or any inspector who issues an Inspection Report pursuant to this Ordinance. SECTION FIVE: Administrative Manual. An Administrative Manual shall be created and approved by Resolution of the Board for further implementation of this Ordinance. Changes may be made to the Manual by Resolution of the Board. The Manual shall be utilized by County staff in processing Inspection Reports, in issuing Certificates of Inspection, and in further implementing this Ordinance. SECTION SIX: Violations and Penalties. Any violation by any person of any requirement or provision of this Ordinance or any approved County Resolution implementing this Ordinance shall be considered a Civil Infraction and may be prosecuted in the same manner as described in Ord. No. 2007-44, the Collier County Consolidated Code Enforcement Ordinance, with such penalties as set forth therein. SECTION SEVEN: Sunset Provision. This Ordinance shall automatically sunset one year from the effective date hereof, unless otherwise extended by Resolution of the Board. SECTION EIGHT: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held Page 3 of 4 Agenda Item No. SA June 23, 2009 Page 6 of 9 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: Inclusion in 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 word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION TEN: 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 E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: to right t County Attorney Page 4 of4 Item Number: Item Summary: Meeting Date: Page 1 of 2 Agenda Item No. 8A June 23, 2009 Page 7 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This Item to be heard at 1 :30 p,m, Recommendation that the Board of County Commissioners approves an ordinance creating a mandatory code inspection of foreclosed and abandoned homes, which requires owners of abandoned residential property who have acqUired title through foreclosure or through a deed In lieu of foreclosure to obtain an inspection report and certificate of inspection relating to the subject propertys compliance with current Collier County Ordinances, including building codes and permitting and zoning regulations, and to disclose the report prior to subsequent sale, consistent With the Board of County Commissioners' previous direction (Companion to Items 10A and 1 DB,) 6/23/200990000 AM Prepared By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & EnVironmental Services Admin. 5/10/2009 11 :34:28 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 6/11/200911:14 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 6/11/200911:33 AM Approved By Date Jeff Wright County Attorney Assistant County Attorney County Attorney Office 6/11/200912:13 PM Approved By Date Diane 8. Flagg Community Development & Environmental Services Code Enforcement Director Code Enforcement 5/11/20092:31 PM Approved By Date Jeff Klatzkow County Attorney County Attorney County Attorney Office 5/12/200911 :41 AM Date Approved By OMB Coordinator County Manager's Office OMB Coordinator Office of Management & Budget 6/1212009 12:02 PM Approved By Mark Isackson County Manager's Office Budget Analyst Office of Management & Budget Date 6/12/200912:47 PM Approved By file://C:\AgendaTest\Export\ 132-June%2023, %202009\08.%20ADVER TI SED%20PUBLIC ... 6/17/2009 Page 2 of2 Agenda Item No. SA June 23, 2009 Page 8 of 9 Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 6115/20097:52 PM file://C:\AgendaTest\Export\ I 32-June%2023, %202009\08. %20ADVER TISED%20PUBLI C... 6/17/2009 ,., Agenda Item No. 8A June 23, 2009 Page 9 of 9 2F Friday, Ji.m~ 12, 20~9 NOTICE OF INTENT TO CONSIDER ORDINA.NCE - .... "'''. ~,',c, ,"':~.':,;~1~'rj", ~ Notice is hereby given that"on Tuesday'June23 200~1 In the Boardroom,3rd Floor, Adm(riistratlon BUilaing,collierCounty ; ~vernment:'<:;enter, 3301 East Tamiallnl Trail, Naples,Florlda.. the Board of County Commissioners will conSider the enactment of a County 'Ordinance. The meetir;1g will com. mence at 9:00 A.M. The title' of the proposed Ordi- nance is as follows: "AN ORDINANCE OF THE BOARD OF COUNTY COM: MISSIONERS OF COLLIER COUNTY, FLORIDA, ENTI- TLED HMANDA TORVCODE INSPECTION OF ' FORE- CLOSED OR ABANDONED HOMES ORDINANCE, H ~FH~rA%b~~~5S ~:i,~ir:fTIAl PROPERTY, WHO HAVE ACQUIRED TITLE THROUGH FORECLOSURE OR THROUGH A DEED IN 1.IEU OF 170RECLOSURE, TO OB.' TAIN AN INSPECTION REPORT WITH RESPECT TO SAID PROPERTY, TO DISCLOSE THE INSPECTION RE- PORT PRIOR TO SUBSEQUENT SALE,'TO FILE THE IN. SPECTION REPORT WITH THE COUNTY, AND TO DB.. TAIN A CERTIFICATE OF INSPECTION RELATING TO THE SUBJECT PROPERTY'S COMPLIANCE WITH AP- 'PLICABLE COLLIER COUNTY' ORDINANCES. 'INCLUD- ING BUilDING CODES AND PERMITTING AND ZONING REGULATIONS; FURTHER, PROVIDING FOR 'DISCLAIM- ER, OF LIABILITY; IMPLEMENTATION BY ADMINIS- TRATIVE MANUAL; VIOLATION AND PENALTIES; SUNSET; CONFLICT AND SEVERABILITY; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PRO. VIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspec- tion. All interested parties are invited to' attend , and be heard. , . NOTE: All persons wishing to speak on any llgeni:la item must register with the County administrator prior to presentation of the agenda Item to be ad. dressed, Individual speakers will be limited to 5 minutes on any Item. The selection of, an Individual to speak on behalf of an organization or groLlP is ~couraged. If recognized by, the Chairman. a Spokesperson for a group or orS/anization may be allotted 10 minutes to speak on an Item, ",,' < . ':. .~~". Persons wishing to have written or' graphic, ma. terlals included In the Board agenda 'packets must submit said material a minimum of ~ weeks prior to the respective publlc',hearing. In any casll., written materials inteni:led to be, considered, by' the Board shall be submitted.,to the appropriate County'staff a minimum of seven days prior tothe'publlchear, ;ng. All mater.ial used In presentations before .the Board will become a permanent part orthe.record. ' Any perscirf who decides to' appeal ,adeC:ision, of the Board will need a record of the proceedings pertaining thereto and, therefore. may need to en. SIl'Il that a verbatim record of the proceedings Is made, 'which record 1ncludes the testimony and evldenc:e upon which the appeal is based. If you are a person with a disablli6' who needs any accommodation In order to, participate in this pro. ceedlng, you are entItled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Deftartment. located at 3301 Tamiaml Trail East, Bu Idlng w, Naples, Florida 34112. (239)252-8380. Assisted lis. tening devices for the hearing' impaired . are avaH, able in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS ,; COLLIER COUNTY, FLORIDA DONNA FIALA. CHAIRMAN DWIGHT E. BROCK, CLERK rl~~rtha~~rgara, Deputy Clerk . lunp l' . '~g~ " - Nol80315', .\:;;.