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Agenda 09/29/2009 Item #10C Agenda Item No. 10C September 29, 2009 Page 1 of 7 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners review an ordinance creating a mandatory code inspection of foreclosed and vacant single-family residences which requires owners of vacant single-family residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report relating to the subject property's existing zoning and the permitted uses of said zoning, and confirm that all existing structures on said property have the necessary permits and are in compliance with permitting requirements, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners' previous direction. OBJECTIVES: That the Board of County Commissioners (Board) review an ordinance creating a mandatory code inspection of foreclosed and vacant single-family residences which requires owners of vacant single-family residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report relating to the subj ect property's existing zoning and the permitted uses of said zoning, and confirm that all existing structures on said property have the necessary permits and are in compliance with permitting requirements, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners' previous direction. CONSIDERATIONS: At the May 26, 2009 BCC meeting, under Agenda Item #9, staff, based on input from several organizations and constituents within the community, sought guidance from the Board as to whether to proceed with drafting an ordinance for a mandatory code inspection of vacant and foreclosed residential properties and a Certificate of Inspection program, prior to sale, or to implement a voluntary inspection process. At the conclusion of the presentation the Board directed staff to return with an ordinance to implement a mandatory inspection program for the abandoned and foreclosed residential properties and to create a process to have the inspections performed by certified inspectors from the private sector. At the June 23, 2009 BCC meeting, under Agenda Item #8A, #10A and #1OB, staff presented an ordinance creating a "Mandatory Code Inspection of Foreclosed and Abandoned Homes Ordinance," an Administrative Policy Manual and a Fee Schedule. Due to serious concerns with the scope of the ordinance, the Naples Area Board of REAL TORS@(NABOR) and the Collier Building Industry Association (CBIA) requested that the Board not approve the ordinance, the Administrative Policy Manual and the Fee Schedule. They asked to be allowed to bring a new draft ordinance back for consideration by the Board in September. The Drafting Team would include representatives of all affected industries. Agenda Item No.1 OC September 29, 2009 Page 2 of 7 The Drafting Team was chaired by Bill Poteet, Governmental Issues Chair for NAB OR. Serving on the team were Ellie Krier for NAB OR, Russell Budd for H.O.M.E. and CBIA, Pierre Bruno, Governmental Affairs Chair for CBIA, Michele Klinowski for the Greater Naples Chamber of Commerce, Erica Lolli representing the mortgage industry, Bob Guididas representing the banking industry, John Prete representing the home inspection industry, Kathleen Passidomo representing real estate attorneys and Diane Flagg from Collier County Code Enforcement. The committee met six times at NABOR. The final draft was approved by the committee on September 3,2009. The purpose of the inspection program is to protect buyers of foreclosed and vacant single-family residences from violations of zoning use and lack of, or open, permits for existing structures. To accomplish this, owners of vacant single-family residential property who have acquired title -- through foreclosure or through a deed in lieu of foreclosure shall obtain an inspection report relating to the subject property's existing zoning and the permitted uses of said zoning, and confirm that all existing structures on said property have the necessary permits and comply with permitting requirements. The inspection process is to be conducted by a Licensed Contractor, Licensed Building Inspector, Licensed Architect, Licensed Engineer, or Licensed Home Inspector 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. Additionally, if the Inspection Report lists violations, the Ordinance requires the inspector, after providing the Inspection Report to the owner, to file the Inspection Report with the Code Enforcement Department. The Code Enforcement Department shall open a code case on the inspected property. The owner shall also provide a copy of the Inspection Report, whether there are violations or not, to all prospective buyers unless an amended Inspection Report is filed with the Code Enforcement Department showing correction of all noted violations. FISCAL IMP ACT: This ordinance may increase the number of code cases filed with the Code Enforcement Department. LEGAL CONSIDERATIONS: Legally sufficient GROWTH MANAGEMENT IMP ACT: None RECOMMENDA TION: That the Board review the attached ordinance. PREPARED BY: Ordinance Drafting Team Page 1 of 1 Agenda Item NO.1 OC September 29, 2009 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10C Item Summary: This item to be heard at 10: 15 a.m. Presentation by designated stakeholder organizations recommending that the Board of County Commissioners review an ordinance creating a mandatory code inspection of foreclosed and vacant single family residences which requires owners of vacant single family residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report relating to the subject propertys existing zoning and the permitted uses of said zoning, and confirm that all existing structures on said property have the necessary permits and are in compliance with permitting requirements, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners previous direction. (Joe Schmitt, Community Development Administrator) Meeting Date: 9/29/2009 9:00:00 AM Prepared By Community Development & Joseph K. Schmitt Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/15/20093:48:16 PM Approved By Judy Puig Operations Analyst Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/15/20094:19 PM Approved By Joseph K. Schmitt Community Development & Environmental Services Adminstrator Date Community Development & Community Development & Environmental Services Environmental Services Admin. 9/17/20098:45 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 9/17/20092:03 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 9/17/20094:47 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 9/21/200911:16 AM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 9/21/20091:40 PM file:IIC:\Agendatest\export\135-September 29, 2009\10. COUNTY MANAGER REPORT\l... 9/23/2009 Agenda Item No. 10C September 29, 2009 Page 4 of 7 ORDINANCE NO. 2009 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENTITLED "MANDA TORY CODE INSPECTION OF FORECLOSED AND VACANT HOMES ORDINANCE," WHICH REQUIRES OWNERS WHO HAVE ACQUIRED, A FORECLOSED SINGLE FAMILY RESIDENCE THAT IS VACANT WHEN FORECLOSED, TO OBTAIN AN INSPECTION OF SAID PROPERTY, RELATING TO THE SUBJECT PROPERTY'S COMPLIANCE WITH ZONING USES AND CONFIRMATION OF PERMITS FOR EXISTING STRUCTURES; VIOLA TION 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 resulting in Vacant homes in Collier County; and WHEREAS, the Board finds that, unlike most residential property, many Foreclosed and Vacant single family residences fall into substantial violation of building codes and pennitting 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 Foreclosed and Vacant single family residences to obtain inspections relating to the property's compliance with zoning uses and confirmation of permits for all existing structures, and to disclose the results of the inspection prior to subsequent sale. 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 Vacant Homes Ordinance." The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. SECTION TWO: Definitions For the purposes of this ordinance the following definitions shall apply: Agenda Item No.1 OC September 29, 2009 Page 5 of 7 "Foreclosed" means the date of the recording in the Public Records of Collier County of a Certificate of Title to improved residential real property in connection with a foreclosure of said property or deed in lieu of foreclosure conveying improved residential real property to a lender in which the mortgage on said property is in default. "Vacant" means any single family residence that, based on a preponderance of the evidence, meets two of more of the following tests: Property is substantially free of personal property US Mail Service has been cancelled or is forwarded to another address Electric service has been canceled Openings to the property are not secure - SECTION THREE: Mandatory Inspection of Foreclosed and Vacant Homes. For all Foreclosed single family residences, which are Vacant at the time the property is Foreclosed, the owner of such property shall obtain an Inspection Report prior to subsequent sale. Inspections shall be conducted by a Licensed Contractor, Licensed Building Inspector, Licensed Architect, Licensed Engineer, or Licensed Home Inspector 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. SECTION FOUR: Inspection Report The Inspection Report shall identifY existing zoning and the permitted uses of said zoning, and confinn that all existing structures on the Foreclosed property have the necessary permits and are in compliance with permitting requirements. If an Inspection Report does not list any violations of zoning use or lack of permits for existing structures, the Inspection Report shall be the property of the owner and shall be shared with prospective buyers. If the Inspection Report lists violations of zoning use or lack of permits for existing structures, the inspector, after providing the Inspection Report to the owner, shall file the Inspection Report with the Code Enforcement Department. The Code Enforcement Department will open a code case on the inspected property The owner shall also provide a copy of the lnspection Rep0l1 to all prospective buyers unless an amended Inspection Report is filed with the Code Enforcement Department showing correction of all noted violations. SECTION FIVE: Disclaimer of Liability Agenda Item No. 10C September 29, 2009 Page 6 of 7 Collier County expressly disclaims any liability for any matter disclosed, or not disclosed, by the Inspection Report. The failure of an Inspection Report to disclose a violation of zoning use or lack of penn its for existing structures, shall not preclude the County from thereafter requiring compliance for such violation. This Ordinance does not create any private cause of action against Collier County. 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 Enforcement Ordinance, with such penalties, including-rhose penalties available for irreparable and irreversible violations, as set forth therein. SECTION SEVEN: Sunset Provisions 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 ]n 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 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 the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered 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 APPROVED by the Board of County Commissioners of Collier Agenda Item NO.1 OC September 29, 2009 Page 7 of 7 County, Florida, this _ day of ,2009. A TrEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA I i By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: ~ By: Je f . Wright Asslstant County Attorney ~. ~ eo*r County -- .,.- - Memorandum To: Jim Mudd, County Manager Leo Dehs, Deputy County Manager From: Joseph K.. Schmit4 Administrator kIJ 1/~44'1 Community Development and Env1ninental Services Division Date: September 18, 2009 Subject: Mandatory Code Inspection of Foreclosed and Vacant Properties Ordinance In an effort to compare and contrast as well as point out staff recommendations, the following is a supplement to the Executive Summary titled, Recommendation that the Board of County Commissioners review an ordinance creating a mandatory code inspection of foreclosed and vacant single-family residences which requires owners of vacant single-family residential property who have acquired title through foreclosure or through a deed in lieu of foreclosure to obtain an inspection report relating to the subject property's existing zoning and the permitted uses of said zoning, and confirm that all existing structures on said property have the necessary . permits and are in compliance with permitting requirements, and to disclose the report prior to subsequent sale, consistent with the Board of County Commissioners' previous direction, which is scheduled to be presented by Naples Area Board of Realtors (NABOR) Ordinance Drafting Team to the Board of County Commissioners for the September 29, 2009 BCC Meeting. Attachments 1 - Original ordinance 2 - Proposed Ordinance 3 - Strike-through and underline version to highlight the proposed changes 4 - Original supporting administrative manual to the original ordinance Summarv of Chane:es As directed by the Board at the May 26, 2009 BCC meeting, the proposed ordinance mandates a mandatory home inspection by a certified and/or licensed private sector inspection service of all foreclosed and vacant properties to assure that all health and safety violations related to zoning and building codes are identified and where required abated. Staff notes that the ordinance as dmfted appears to meet that guidance with the caveat that lacking the details of the inspection process; staff cannot assure the Board that all health and safety violations will be uncovered. In comparing the proposed ordinance with the previously proposed ordinance, overall the ultimate objectives are essentially the same. What is missing are the details as there is no accompanying administrative procedures manual or standard inspection checklist that lays out the program and the minimum inspection requirements. The initial proposal proffered by staff included the ordinance, the Administrative Manual to include the proposed checklist, and the proposed $50 fee for filing with the county. It is important to also note that the new ordinance specifically requires a home to be vacant at the time of foreclosure before it is subject to inspection under this ordinance. The following briefly summarizes the comparison between the original ordinance with the proposal from NABOR. The "whereas" clauses are essentially the same. Section One - same Section Two - new, added the definition of foreclosed to clearly define the limits of the program. Section Three - essentially the same as the original Section Two with the exception that the original ordinance included language that describe the disposition of the "Inspection Report" and the "Certificate of Inspection." One significant change is who is permitted to conduct the inspection. The proposed version cites, "Inspections shall be conducted by a Licensed Contractor, Licensed Building Inspector, Licensed Architect, Licensed Engineer, or Licensed Home Inspector required to comply with the Florida Building Code and licensed under Chapter 468 (Part XII or Part XV), Chapter 471, Chapter 481, or Chapter 489, Florida Statutes." The initial version from staff stated, "Inspections shall be conducted by a State or County Licensed Contractor, Licensed Building Inspector, or Licensed or Registered Design Professional required to comply with the Florida Building Code and licensed under Chapter 468 (part XII or Part XV), Chapter 471, Chapter 481, or Chapter 489, Florida Statutes. Until such time as Part XV of Chapter 468 is in effect, inspections may be performed by Certified Home Inspectors. " The difference (underlined for emphasis) is that the initial ordinance allowed for ""certified home inspectors" whereas the dmft ordinance specifies "licensed home inspectors" in addition to other professionals. The proposed version eHmin$ltes "certified" home inspectors. Certified in this case is noting competency from one of the home inspector trade organi7.ations. Licensed means that the inspector is certified by passing a standard exam either at the local or state level. This is an issue that needs to be debated between Collier BlJiJding Industry Association (CBIA) and NABOR. CBIA is insisting that the inspection be performed by only licensed professionals. Currently, there is no requirement for home inspectors to be licensed in Collier County. Similarly for the state, currently there is no license required to inspect a home for real estate transaction purposes, regardless of compensation. However, by July 1,2010 a state license will be required for all home inspectors. If the Board so directs, Collier County can implement a licensing process for Collier County. Staff would first have to take the proposal to the Contractor Licensing Board (CLB) and then staff along with the recommendation of the CLB would have to bring back to the Board an amendment to the contractor licensing ordinance for final Board consideration. Our licensing testing services already have exams available for the home inspector trade so it would not be difficult to implement a licensing procedure at the county level. Section Four - equivalent to the original Section Three but the original section clearly laid out the requirement to file with the county within 10 days. As noted in the third paragraph of this section, If the Inspection Report lists violations of zoning use or lack of permits for existing structures, the inspector, after providing the Inspection Report to the owner, shall file the Inspection Report with the Code Enforcement Department, the lack of proper permits is focused solely on unpermitted structures; it is not focused on inspections for unpermitted work. There is no specified maximum time for preparing and submitting inspection reports after issuance of a 2 Certificate of Title. In addition, there is no mention of issuing a Certificate of Inspection or in requiring that the inspection report be recorded. In addition, the proposed ordinance: The remainder of the ordinance is essentially the same. Overall, the proposed ordinance offers a program that mandates that the inspection will be conducted, and if a violation is found, an inspection report will be filed with Code Enforcement and then Code will subsequently open a code case and process as it would with any routine code case. Essentially, the proposed ordinance is a "minimum standards" program meaning that it is limited in scope and application and it does meet the minimum requirements and guidance of the Board. This ordinance requires no staff review by Zoning and the Building Department and there is no inherent county oversight of the program. It simply places the burden on Code Enforcement to prosecute as a routine code complaint if and only if Code Enforcement is notified of the deficiencies cited during an inspection. To clarify the process, Code Enforcement would open a case, investigate and advise the property owner of the options to abate the violation. The case would then proceed to the Special Magistrate of the Code Enforcement Board if the property owner failed to abate the violation within the specified period of time. There is no proposed fee for filing of the report so unless the case proceeded through prosecutorial process and fines are ultimately levied in the case, all administrative costs associated with the case are absorbed by Code Enforcement's operating budget which of course is funded by the Fund 111 General Fund. If the violations involve any requirements for obtaining the required permits for either demolishing the cited violations or certifying through the permit by affidavit process, the cited unpermitted structures and all applicable fees would be required pursuant to the CDES Fee Ordinance. Review Comments by the County Attorney's Office (.Jeff Wright): 1. The proposed ordinance is narrower than the previous version. Specifically, in the previous version, the inspection report was to identify violations of permitting, zoning, building, or any other health/safety ordinance. In this version, the inspection report is to detect violations of "zoning uses" (and permitted uses in such zoning, and unpermitted structures). 2. The inspection report is no longer made part of the public record, and is not filed with Code Enforcement unless it discloses violations of zoning use or lack of permits for existing structures. So the County will not know about all inspections (unlike the previous version)-- just those that reveal problems. No "certificates of inspection" will be issued as with the previous draft. 3. There is a possibility that violations may not surface until years after this ordinance has sunsetted (the latter problem existed with the previous version), which makes it unlikely, in my view, that we will get a flood of (successful) code cases as a result of this. Staff Recommendations: Staff recommends that the Board, recognizing the limited scope and application, approve the ordinance as presented and in doing so that staff and the industry evaluate the effectiveness of the program for one year. The staff as well as the staff from the County Attorney's office have reviewed the ordinance and have resolved all issues and concerns with the dmfting committee. 3 ORIGINAL ORDINANCE 'W'.._<.. PROPOSED ORDINANCE STRIKE.-THROUGH AND UNDERUNE ORDINANCE. ORIGINAL SUPPORTING ADMINISTRA rnlE MANUAL TO THE. ORIGINAL ORDINANCE. 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; IMPLEMENT A TION BY ADMINISTRATIVE MANUAL; VIOLATION AND PENAL TIES; 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 of 4 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 oflnspection 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 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 of the 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 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-lettered 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 DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: JeffE. Wright Assistant County Attorney Page 4 of4 ORDINANCE NO. 2009 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENTITLED "MANDATORY CODE INSPECTION OF FORECLOSED AND VACANT HOMES ORDINANCE," WHICH REQUIRES OWNERS WHO HAVE ACQUIRED, A FORECLOSED SINGLE FAMILY RESIDENCE THAT IS VACANT WHEN FORECLOSED, TO OBTAIN AN INSPECTION OF SAID PROPERTY, RELATING TO THE SUBJECT PROPERTY'S COMPLIANCE WITH ZONING USES AND CONFIRMATION OF PERMITS FOR EXISTING STRUCTURES; 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 resulting in Vacant homes in Collier County; and WHEREAS, the Board finds that, unlike most residential property, many Foreclosed and Vacant single family residences fall into substantial violation of 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 Foreclosed and Vacant single family residences to obtain inspections relating to the property's compliance with zoning uses and confirmation of permits for all existing structures, and to disclose the results of the inspection prior to subsequent sale. 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 Vacant Homes Ordinance." The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. SECTION TWO: Definitions For the purposes of this ordinance the following definitions shall apply: "Foreclosed" means the date of the recording in the Public Records of Collier County of a Certificate of Title to improved residential real property in connection with a foreclosure of said property or deed in lieu of foreclosure conveying improved residential real property to a lender in which the mortgage-on said property is in default. "Vacant" means any single family residence that, based on a preponderance of the evidence, meets two of more of the following tests: Property is substantially free of personal property US Mail Service has been cancelled or is forwarded to another address Electric service has been canceled Openings to the property are not secure SECTION THREE: Mandatory Inspection of Foreclosed and Vacant Homes. For all Foreclosed single family residences, which are Vacant at the time the property is Foreclosed, the owner of such property shall obtain an Inspection Report prior to subsequent sale. Inspections shall be conducted by a Licensed Contractor, Licensed Building Inspector, Licensed Architect, Licensed Engineer, or Licensed Home Inspector 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. SECTION FOUR: Inspection Report The Inspection Report shall identify existing zoning and the permitted uses of said zoning, and confirm that all existing structures on the Foreclosed property have the necessary permits and are in compliance with permitting requirements. If an Inspection Report does not list any violations of zoning use or lack of permits for existing structures, the Inspection Report shall be the property of the owner and shall be shared with prospective buyers. If the Inspection Report lists violations of zoning use or lack of permits for existing structures, the inspector, after providing the Inspection Report to the owner, shall file the Inspection Report with the Code Enforcement Department. The Code Enforcement Department will open a code case on the inspected property The owner shall also provide a copy of the Inspection Report to all prospective buyers unless an amended Inspection Report is filed with the Code Enforcement Department showing correction of all noted violations. SECTION FIVE: Disclaimer of Liability Collier County expressly disclaims any liability for any matter disclosed, or not disclosed, by the Inspection Report. The failure of an Inspection Report to disclose a violation of zoning use or lack of permits for existing structures, shall not preclude the County from thereafter requiring compliance for such violation. This Ordinance does not create any private cause of action against Collier County. 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 Enforcement Ordinance, with such penalties, including those penalties available for irreparable and irreversible violations, as set forth therein. SECTION SEVEN: Sunset Provisions This Ordinance shall automatically sunset one year from the effective date hereof, unless otherwise extended by Resolution ofthe 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 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 the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered 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 APPROVED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: By: J~- AssIstant County Attorney ORDINANCE NO. 2009 - I AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ENTITLED "MANDATORY CODE INSPECTION OF FORECLOSED AND VACANTABANDONED HOMES ORDINANCE," WHICH REQUIRES OWNERS GF ABANDONED RESID ENTI.A,.L PROPERTY WHO HAVE ACQUIRED~ TITLE THROUGH FORECLOSURE OR THROUGH A FORECLOSED SINGLE FAMILY RESIDENCE THAT IS VACANT WHEN FORECLOSEDDEED IN LIEU OF FORECLOSURE, TO OBTAIN AN INSPECTION OF REPORT 'VITH RESPECT TO SAID PROPERTY, +Q- DISCLOSE THE INSPECTION REPORT PRIOR TO SUBSEQUENT SALE, TO FILE THE INSPECTION REPORT '\11TH THE COUNTY, ,A,.ND TO OBTAIN A CERTIFIC:\TE OF INSPECTION RELATING TO THE SUBJECT PROPERTY'SPROPERTY'S COMPLIANCE WITH APPLICABLE COLLIER COUNTY ORDINANCES, INCLllDING BUILDING CODES AND PERMITTING AND ZONING USES AND CONFIRMATION OF PERMITSREGULA TIONS; FURTHER PROVIDING FOR EXISTING STRUCTURESDISCLAIMER 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 I protect the health, safety and welfare of the citizens of Collier County; and WHEREAS, current economic conditions have caused unprecedented levels of mortgage I foreclosures resulting in Vacantand abandoned homes in Collier County; and WHEREAS, the Board finds that, unlike most residential property, many Foreclosedabandoned and Vacant single familyforeclosed 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 Foreclosed and Vacant single f1!.r1IiLL!:esidence..::;ubandoned residential property ",.ho have acquired ti~Ie ~o s~'.id property through foreclosure, or through a deed in lieu of foreclosure, to obtain inspections relating to the m:.opertv'spropetiy's compliance with applicable building codes and permitting and zoning uses and confirmation of permits for all existing structuresregulations, and to disclose the results of the inspection prior to subsequent sale. I 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 I VacantAband6ned Homes Ordinance." The areas subject to this Ordinance shall be all the unincorporated areas of Collier County, Florida. SECTION TWO: Definitions For the purposes of this ordinance the following definitions shall apply: "Foreclosed" means the date of the recording in the Public Records of Collier County of a Certificate of Title to improved residential real property in connection with a foreclosure of said property or deed in lieu of foreclosure conveying improvedJesidential real property to a lender in which the mortgage on said property is in default. "Vacant" means any single family residence that, based on a preponderance of the evidence, meets two of more of the following tests: Property is substantially free of personal propelty US Mail Service has been cancelled or is forwarded to another address Electric service has been canceled Openings to the property are noLsecure SECTION THREE: -Mandatory Inspection of Foreclosed and VacantAbandoned Homes. For all Foreclosed single family residences, which are Vacant at the time the propelty is Foreclosedabandoned residential properties that haye been ncquired thr6ugh foreclosure, or through 11 deed in lieu of foreelesure, the owner of such property shall obtain an Inspection Report, and a Certificate of lnspectien, prior to subsequent sale. Inspections shall be conducted by a State or County Licensed Contractor, Licensed Building Inspector, tW-Licensed Arch itcct, Licensed Engineer or Licensed Horne Inspector6l' _-.-'L. Registered Design Prefe~sion111 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. SECTION FOUR: Inspection Report U ntH such time as Part XV of Chapter 468 it; in effect, inspecti6ns ma)' be performed by Certified Home Inspectors. The Inspection Report shall identify existing zoning: and the permitted uses of said zoning. and confirm that all existing structures on the Foreclosed property have the necessary permits and are in compliance with permitting requirements. If an Inspection Report does not list any violations of zoning use or lack of permits for existing structures, the Inspection Rep0l1 shall be the property of the owner and resulting from said inspecti6n shall be shared with pnwided to an)' prospective buyers. If the Inspection Report lists violations of zoning use or lack of permits for existing structures. the inspector. after providing the Inspection Repol}: to the owner, shall tile the Inspection Report with the Code Enforcement Department. The Code Enforcement Depat1ment will open a code case on the inspected propertv The owner shall also provide purchaser, with a copy of the Inspection Report to allfiled with Collier County. The Inspection Report and Certificate of In~pection required herein ~hall 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 nn)' prospective buyers unless ~!lpurcha~er, and to Collier County. The form of the Inspection Report and Certificate of Inspection shull be appro~led by Resolution of the Gonrd, as amended Inspection Rep0l1 is tiled with the Code Entorcement Depat:1:ment showing correction of all noted violationsfrom time to time. SECTION FIVE:THREE: Filing of Inspection Report; Fees. 'file Inspection Report shall be filed '"",ith the County no later than ten business clays follov,'ing the inspection. Upon filing of the Inspection Report, the County Manager shall issue a Certificate of In:;pection. The Inspection Report, together with the Certificate of Inspection, shall be tiled in the Official Public Records of Collier County. An'.' County ordinance '.'iolations disclosed in the Inspection Report shall be forwarded to .. . the Collier County Code Enforcement Department for appropriate action. The County Manager is authorized to collect a reasonable filing fee for the udministrati'.'e costs a~~sociated with filing of the Inspection Report and is~:;uance of the Certificate of Inspection, as established in the appropriate fee schedule resolution. SECTION FOUR: Disclaimer of Liability~ In issuing any Certifieate. of Inspeetion hereunder, Collier County expressly disclaims any liability for any matter disclosed, or not disclosed, by the Inspection Report~,--&p for issllanee of any Certifieate of Inspeetion. The failure of an Inspection Report to disclose ilao existing defeet or eo de violation of zoning use or lack of permits for existing structures. shall not preclude the County from thereafter requiring compliance for such defeet or violation. _This Ordinance does not create any private cause of action against Collier County-6F any inspeetor who issues an Inspeetion Report pursuant to this Ordinanee. SECTION FIVE: ,,'\dministrative Manual. An Administrative Manual shall be created and approved by Resolution of the Bo::"rd for further implementation of this Ordinance. Changes may be made to the Manunl by Resolution of the Board. The Manual ~;hall be utilized by County statT in processing In:;pection Report~~, in i~;suing Certificates of In:;pection, and in further implementing this Ordinance. I 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. including those penalties available for irreparable and irreversible violations, as set forth therein. SECTION SEVEN: -Sunset ProvisionsProvision. 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 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a I separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: -Inclusion in the Code of Laws and Ordinances~ The provisions of this Ordinance shall become and be made a-part of the Code of Laws and OrdinanceOrdinance~; of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered 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 APPROVEDADOPTED by the Board of County Commissioners of Collier -County, Florida, this day of- ,2009. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk DONNA FIALA, CHAIRMAN Approved a~:; to form and legal sut1iciency: Tefl E. Wright Assistant County Attorney Collier County Foreclosed and Abandoned Homes Code Inspection Program Administrative Policy Manual Co.r County ~ - .- - ~ - June 23, 2009 Version 1.0 SECTION ONE: RULES FOR GENERAL APPLICATION The subsequent rules listed are for the general application of the abandoned and foreclosed residential inspection program and are subject to changes and modifications, as permitted by law and as determined appropriate by the Collier County Board of County Commissioners. These rules are supplementary to the Mandatory Code Inspection of Foreclosed and Abandoned Homes Ordinance. SECTION TWO: DEFINITIONS The following words, terms and phrases, when used in the article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. "County Manager, or his/her designee" means county staff designees of the County Manager except where the context logically prohibits such inclusion. "Abandoned and Foreclosed Property" means residential property that has been acquired through foreclosure, and which, based on conditions present at the property, would lead a reasonable person to believe that the property is vacant and abandoned. Such conditions may include, but are not limited to, failure to maintain the property; existence of overgrown and/or dead vegetation; accumulation of abandoned personal property; accumulation of litter or debris; structural deterioration; lack of any occupants; and statements by neighbors, passers-by, delivery agents, or government agents, among other evidence, indicating that the property is vacant and abandoned. SECTION THREE: PROGRAM PURPOSE 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 program intends to identify significant housing, building and zoning code violations and promote improved quality of life for new residents as well as vibrant and desirable communities. The inspection process is to be conducted by a state or county licensed contractor, licensed building inspector, or licensed or registered design professionals that are required to comply with the Florida Building Code and that are licensed under part XII or XV of chapter 468, chapter 471, chapter 481, or chapter 489 of the Florida Statutes and said Inspector, Contractor, Engineer, or Architect is subsequently required to prepare a Disclosure and Findings Report, obtain a Certificate of Inspection from the County Manager or designee and to record the Certificate of Inspection and Disclosure and Findings report with the Collier County Clerk of Courts. A copy of the Disclosure and Findings report and Certificate of Inspection will also be provided to any prospective purchaser. ,. 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. . The Disclosure and Findings report will identify building and zoning code violations based on research of permit files, the property record and an on-site inspection, the zoning of the property, - 2 - and any variances or zoning resolutions applicable to the property. A copy ofthe Disclosure and Findings report 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. SECTION FOUR: PROPERTIES AFFECTED An Disclosure and Findings report and Certificate of Inspection is required to be obtained by the seller or their authorized agent and provided to buyers prior to closing on all foreclosed and abandoned residential properties within the unincorporated areas of Collier County. Properties otherwise subject to this Chapter that have been recently constructed and are being sold to individual consumers for the first time are hereby exempt from this program. SECTION FIVE: ITEMS COVERED BY THIS PROGRAM The report shall consist of the following: (1) A check of all building permit records; (2) An inspection of the exterior of the property; (3) An inspection of the interior of all accessory structures on the property; (4) An inspection of the interior condition of the unites) when the inspector determines that there is reasonable cause to inspect the interior due to the probability of zoning, building, health or safety violations, or upon request of the owner. The report shall identify the following: (1) Zoning code violations; (2) Building and Permitting code violations; (3) Health and safety violations. Major violations shall be corrected within sixty (60) days or as determined by the Code Enforcement Investigator when a code case is opened pursuant to established procedures. SECTION SIX: DISCLOSURE AND FINDINGSFORM At a minimum, inspections will be conducted per the attached inspection "Disclosure and Findings Report." The report must be completed by a state or county licensed contractor, licensed building inspector, or licensed or registered design professional that are required to comply with the Florida Building Code and that are licensed under part XII or XV of chapter 468, chapter 471, chapter 481, or chapter 489 of the Florida Statutes and 3 copies shall be submitted to the BUILDING REVIEW AND PERMITTING DEPARTMENT LOCATED AT 2800 NORTH - 3 - HORSESHOE DRIVE, NAPLES, FLORIDA, 34104. 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. An as-built survey must be attached to the report. The Disclosure and Findings Report and Certificate of Inspection must be recorded with the Collier County Clerk of Courts.by the Inspector.. Note: the Disclosure and Findings Report form requires a zoning review and it will be up to the inspector to obtain the review before filing the report with the County. If the form is not completed thoroughly, the Certificate of Inspection will not be issued by the building department until the review is completed.. Copies of the Disclosure and Findings report will be filed in the property permit file with one copy to the Building Review and Permitting Department and one copy to the Code Enforcement Department for the recording of any and all violation(s). SECTION SEVEN: FEES The fees for the processing of applications, issuance of reports, and issuance of permits, if required, pursuant to this program shall be as set forth by resolution to amend the Community Development and Environmental Services Fee Schedule approved by the Board of County Commissioners. SECTION EIGHT: DISCLAIMER In issuing the Certificate of Inspection, the County does not thereby insure, warrant or guarantee to the holder thereof, or his or her assignees, or any other interested party that such certificate contains all of the violations of the Codified Ordinances of the County. The purpose of such certificate shall be to inform prospective purchasers of known violations on a given property at the time the inspection is made. The housing violations listed in the inspection report, if any, are found upon general inspection. Collier County assumes no liability or responsibility for failure to report violations that may exist, and makes no guarantee whatsoever, since there may be further violations which were not detected, which may arise in the future, or which may only be determined by a licensed electrician, plumber, engineer or other specialist at the expense of the person desiring such an inspection. The County does not thereby insure, warrant or guarantee the quality of repair or the standard of work completed in the correction of violations listed on the inspection report. This document shall be construed only as a statement by the inspection service of noted deficiencies. The County does not represent or warrant that the information contained in the report will always be complete and accurate, and all persons receiving the report should independently verify the information contained therein. - 4 -