Agenda 09/09-10/2008 Item #10E
EXECUTIVE SUMMAR
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Recommendation that the Board of County Commissioners provide the County Manager or his
designee direction as to how to proceed regarding the potential adverse impacts of the escalating
foreclosures within the unincorporated area of the county. (Joe Schmitt)
OBJECTIVE:
CPNSIDERA TIONS:
FISCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
LEGAL CONSIDERATIONS:
RECOMMENDATION:
Prepared By:
Department
Date
CDES
8/20/200812:20:18 PM
Approved By:
Department
Approval
Date
County Attorney Approved
8/29/20089:33 AM
Approved By:
Department Approval Date
Office of
Management Approved 8/29/2008 4:13 PM
and Budget
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Approved By:
Department Approval Date
County Approved 9/2/2008 9:03 AM
Manager's Office
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ATTACHMENTS:
Name:
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[l FORQLOSED PROPERTY
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Description:
Type:
Executive Summary
Executive Summary
Fordosure Properties in Collier County
Backup Material
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PROT.ECTION AND Vacant Home Protection and Preservation Ordinance
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Qr.91o.ance-2_Q.Q4.:.SJ3---=--.eRGLZ-,--d~C Conceptual Ammendments to Ordinance 2004-58
Foreclosure Trends
Backup Material
Backup Material
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Ordinance
Ordinance
Backup Material
EXECUTIVE SUMMARY
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Recommendation that the Board of County Commissioners provide the County Manager
or his designee direction as to how to proceed regarding the potential adverse impacts of
the escalating foreclosures within the unincorporated area of the county
OBJECTIVE: To have the Board of County Commissioners (BCC) provide the County
Manager or his designee direction as to what actions to take related to the escalation of
foreclosures within Collier County and the potential negative impacts that abandoned real
properties may have on the community.
CONSIDERATION: During the regular meeting of the Board of County Commissioners on
July 9, under Item I I, Public Comment, Mr. Steve Harrison, citizen and former banker and real
estate agent, gave a presentation on the potential impacts of the escalation of foreclosures in
Collier County and petitioned the Board to consider developing a proactive program to assure
that responsibility is placed on responsible entities to ensure that abandoned properties are
secured and maintained within acceptable community standards. Attached enclosures 1 through
4 are the materials that Mr. Harrison passed out during his presentation. After a lengthy
discussion on the issue, the Board directed staff to asses the extent of the problem within the
community, the current programs and initiatives that are dealing with the problem and any
recommendations that may be needed to bolster the existing programs.
Mr. Harrison noted during his presentation that there are approximately 700 homes per month
being recorded for foreclosure and that there could be as many as 8,000 foreclosures this year
within the county. Based on the Board's discussion and direction, Deputy County Manager Leo
Ochs subsequently hosted a meeting between Mr. Harrison, staff, and representatives of the
Collier County Sheriffs Office to discuss the existing programs and the potential shortfalls in the
county's existing program.
Existing Programs
I. Sheriffs Office. The Sheriffs Office recently initiated a "Community Care-Taking
Initiative" program in an effort to empower residents by providing information, resources
and referrals to identify and solve problems in their communities. One of the fundamental
initiatives of this program was to identify abandoned properties and assess the potential for
criminal activity at those properties. Once identified, the deputies working in cooperation
with code enforcement actively monitor the properties and where warranted take action to
reduce the potential for criminal activities and/or blight within the community.
2. Code Enforcement. Currently the Code Enforcement Department has two separate but
related programs that empower the code enforcement officers to enforce real property
standards that may arise as a result of a property foreclosure - The Property Maintenance
Program and the Nuisance Abatement Program.
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a. The authorities granted under Ordinance 2004-58, Property Maintenance Ordinance;~~-~"
codified in Chapter 22, Buildings and Building Regulation, Article VI, Property
Maintenance Code, of the Collier County Code of Laws and Ordinances (enclosure 5)
does provide some powers to deal with vacant and abandoned real property but only
in a reactive mode, that is once the property is identified to be a nuisance, and was
written primarily to insure that rental properties are within required health and safety
standards. Section Nine of the code authorizes the county can take action to inspect a
property to insure that the property is in compliance with the provisions of the
property maintenance code but only at the consent of the owner or owner's agent.
Section Twelve authorizes the county to direct the repair or demolition of properties
in violation of the code and Section Seventeen controls the issuing of a boarding
certificate to board windows and doors for securing the building or structure. Though
effective for assuring that properties are maintained within acceptable community
standards and for assuring that certain properties do not create blight on the
community, the program is strictly reactive only.
b. The authorities granted Ordinance 2005-44, Litter, Weed and Exotics Ordinance
codified in Chapter 54, Article VI, Litter, Weeds, and Exotics Control; Section 54-
179, Litter declared to be a Public Nuisance; Section 54-181, Unauthorized
accumulation of liter; Section 54-184(a), Waste materials management; Section 54-
185(a through f), Declaration of public nuisance; and Section 54-193, Procedures for
mandatory lot mowing provide additional powers to deal with these related issues that
arise from foreclosures (enclosure 6). As with the Property Maintenance Ordinance,
these programs are re-active, that is through complaints forwarded to Code
Enforcement by constituents or by observation of a code investigator during routine
patrols.
The Code Enforcement Department currently has a total of 3,225 cases currently open which
includes cases involving foreclosures. The Code Enforcement Department abates code violations
following proper notice of the property owner. Abatement of violations includes demolition of a
structure, removal of litter, boarding of a structure, mowing of a property etc. As a proactive
approach to recoup the abatement costs incurred by the County, the Code Enforcement staff has
implemented a process to identify pending foreclosures. Code Enforcement staff reviews the
Clerk of Courts records to identify pending foreclosures, Notice of Lis Pendens, for all open
Code Enforcement cases. For the cases with a pending foreclosure, a copy of. the legal
enforcement notices are sent to both the property owner and the bankJmortgage holder. Although
there is no legal requirement at this point in the process, some bankslmortgage holders are
paying the costs incurred by the County prior to the completion of the foreclosure by the
bank/mortgage holder. Additionally, the County files a lien against the property which includes
the costs the County expended for abatement.
3. Affordable Housing Efforts. Housing and Human Services (HHS) has developed and is
implementing two strategies to address the current foreclosure issue in Collier County. The
first strategy which utilizes SHIP (State Housing Initiative Partnership) funds was approved
by the Board on July 22, 2008. In this strategy, not for profits can apply for up to $50,000 to
purchase and rehabilitate a foreclosed property. The second strategy will utilize Housing and
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Urban Development CDBG (Community Development Block Grant) funds and ~~~-dir6ct@ 'c"';;;"~,.
by the Board on April 22, 2008. For this strategy, Housing and Human Services has
identified almost $1. 7 million dollars to reprogram for the acquisition, rehabilitation and
resale of foreclosed properties. HHS advertised a Request for Proposals for interested for
profit and not for profit organizations to apply for the funding. Three projects were selected
are being presented to the BCC on September 9, 2008. It is expected that between the two
programs, approximately 30 homes will be refurbished and sold to income qualified buyers
and additional dollars will be recaptured to continue the program in 2009- I O.
Shortfalls
Staff as well as the Sheriff's Office recognized that there are legal limits as to how much
government can do to deal with this problem and staff noted that in many cases the first line of
defense falls on the homeowners, property or condominium association. The existing problems
within the county are in communities where there are no associations and that are outside
planned and gated developments. The group concluded that it is important for the County to
establish a proactive process to address the amount of abandoned real property within the county
as there has been a noticeable increase of vacant and abandoned properties due to the increasing
number of foreclosures. The presence of vacant and abandoned properties can lead to declines in
property value, create attractive nuisances and lead to a general decrease in neighborhood and
community aesthetics.
Many of the vacant and abandoned properties are the responsibility of out-of-state lenders and
trustees who often fail to adequately secure and maintain properties that have been returned to
the lender as a result of a foreclosure or public sale. The existing codes and programs are
reactive in nature to deal with the properties once they fall into disrepair or if owners fail to
maintain the property. The following are proposed programs that could become amendments to
the property maintenance code or that could be placed in a separate abandoned property
ordinance (see enclosure 7 for details).
Considerations
· Create a program to require the registration of abandoned Real Property.
Any mortgagee who holds a mortgage on real property located within the unincorporated area of
the county will be required to perform an inspection of the property that is the security for the
mortgage, upon default by the mortgagor, prior to the issuance of a Notice of Default. If the
property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and
the mortgagee shall, within ten (10) days of the inspection, register the property with the county
and filed with Code Enforcement and the Sheriff's Office.
Properties subject to this requirement would remain under the annual registration requirements,
security and maintenance requirements as long as the property remains vacant. Registrations
would include the name of the mortgagee, the direct mailing address of the mortgagee, a direct
contact name and telephone number of mortgagee facsimile number and e-mail address and, in
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the case of a corporation or out,of-area mortgagee, the local property managem~~tg60~p~y~f ~-
responsible for the security and maintenance of the property.
Consider an annual registration fee in the amount of $1 50.00, per property to cover the costs of
administering the program.
· Enhance property maintenance requirements to include:
In addition to requiring that properties be kept free of overgrown brush, dead vegetation, trash,
junk, debris, building materials, etc., that give the appearance that the property is abandoned, the
property shall be:
1. Maintained free of graffiti or similar markings by removal or painting over with an
exterior grade paint that matches the color of the exterior structure.
2. Front, side, and rear yard landscaping shall be maintained in accordance with the
county's standard at the time registration was required.
3. Landscape will not include weeds, gravel, broken concrete, asphalt or similar
material.
4. Maintenance shall include, but not be limited to, watering, irrigation, cutting, and
mowing of required landscape and removal of all trimmings.
5. Pools and spas shall be maintained so the water remains free and clear of pollutants
and debris and pools and spas shall comply with the enclosure requirements pursuant
to the Florida Building Code.
Failure of the mortgagee andlor property owner of record to properly maintain the property may
result in a violation of the County Code and issuance of a citation or Notice of Violation by the
Collier County Code Enforcement Department.
. Security Requirements
Properties must be maintained in a secure manner so as not to be accessible to unauthorized
persons. A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, gates and other openings of such size that may allow a child to access the
interior of the property andlor structure. Broken windows shall be secured by replacing windows
or by the boarding of the window. Property that is owned by a corporation andlor out of area
mortgagee, a local property management company shall be contracted to perform bi-weekly
inspections to verifY compliance with the requirements of this section, and any other applicable
laws.
FISCAL IMP ACT: Any program to require a mandatory registration of foreclosure properties
would require a minimum of2 additional FTE at estimated costs of$1 10,000.
GROWTH MANAGEMENT IMP ACT: None.
AGENDA nE:T~
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LEGAL CONSIDERATIONS: The Office of the County Attorney will work with staff to
implement Board direction to the extent legally pennissible, -JAK
RECOMMENDATION: That the Board of County Commissioners provide the County
Manger or his designee direction as to how to proceed regarding the potential adverse impacts of
the escalating foreclosures within the unincorporated area of the county.
PREPARED BY: Joseph K Schmitt, Administrator, CDES
AGENDA ITEM co
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VACANT, FORECLOSED PROPERTY IN COLLIER COUNTY
AND THE BENFIT OF FORMING A
PROPERTY PRESERVATION AUTHORITY (PPA)
Revised July 7,2008
Prepared by Steve Harrison
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VACANT, FORClOSED PROPERTY IN COLLIER COUNTY
THE BURDEN ON GOVERNMENT AND ITS CLOUD ON PROPERTY VALUES
The Current Situation
On Friday, June 201h, during County Budget Hearings, Undersheriff Kevin Rarnbosk made the
comment that Collier County had 3,500 foreclosures in 2007 and was expecting another 7,-
10,000 in calendar 2008 (Viz: there are approximately 150,000 residential properties in the
County), The Undersheriff went on to say that neither his Agency or the total of the County's
fire districts, can adequately protect a total of 10-13,000 bank owned properties and that they
create the potential for crime moving into the neighborhoods most effected,
Lenders in possession of repossessed homes are unrealistic in terms of how long they expect to
own a property and therefore commit few resources to preserve its value and the proportion of
their loan that they recover. Too often they expect to quickly auction the property or sacrifice it
and issue a large deficiency judgment to the debtor, which they seldom collect. The Lender's
risk varies on loans that are, or are not. Fannie Mae/Freddie Mac insured since the former
transfer the ultimate risk of loss to the Federal Government.
Code Enforcement, part of the BCC, regularly issues citations to dilapidated property owners
including banks in possession of vacant homes", most go unanswered by their owners, The
banks appear either unequipped and/or unwilling to actively manage the properties they are
repossessing with the result that many properties are vandalized, neglected and become public
eyesores exacerbating the ultimate losses of the banks and former owners of each property,
One issue is that Code Enforcement does not know who to contact at each bank or have any
leverage to compel the banks to promptly and regularly maintain the repossessed property at
community standards,
This situation is harmful to the property values of the surrounding homes and provides the basis
for a legitimate call for action by taxpayers,
Many communities around Florida are searching for creative solutions to this problem (Miami
Herald June 23, 2008 Mavors seek solutions to vacant-homes crisis) including Pembroke Pines,
Miami Gardens, etc,
A Possible Solution
Collier County has an opportunity to provide state-wide leadership on this topic by:
1, Clearly communicating its Code Enforcement requirements, and penalties, to
Lenders at the time they file Notices of Foreclosure with the Clerk of Courts
2, Inspecting homes and issuing appropriate citations before the foreclosure is
complete
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3, Requiring the Lender to identify a local contact person with responsibility for and
authority to maintain repossessed homes.
4. Requiring Lenders properly secure the repossessed homes
5. Requiring Lenders to provide timely funding for maintenance and repairs over
time,
6. Requiring Lenders to transfer electric, water and sewer accounts to their name,
or their local agent's name, rather than turn off,
There are many "moving parts" to implementing this, or any, solution such as"",
1, Cooperation of the Courts who may not wish to impede the foreclosure process
2, Cooperation of the Clerk of Courts to
a, Identify properties currently owned by Lenders
b, Collect information from Lenders prior to completing the Foreclosure
c, Notifying Code enforcement, the Sheriff and appropriate Fire Districts of
the changing inventory of Lender owned homes in their geographic area
3, Code Enforcement may need more authority to
a, Levy fines and penalties
b, Use fire and sheriff deputies in each district to share responsibility for
monitoring homes,
c. Require that power and water be left on to preserve the home against
mold and the risk offire,
d, Engage vendors to do maintenance and repairs that are billed to the
Lenders
4. The Sheriff's Department may wish to recornrnend/require certain security
measures that vary by neighborhood and type of structure
a, Motion detectors in single family homes
b, Concrete berms across culverted driveways to prevent looting of
mechanical equipment
Any centralized solution would require dedicated management and an accounting system to
collect and bill charges by to the owners of vacant, derelict property, If this were housed in a
non-governmental, not-for-profit corporation such as a Property Preservation Authority (PPA),
the Directors might be a combination of major Lenders and public sector representatives,
Property Maintenance Standards
Owners of vacant residential property, including Banks, need to be advised that the County has
certain minimum standards created to protect the integrity of the neighborhoods that they are in
such as:
. Effective security on windows and doors
. Operational smoke alarms
. Grass not more than 6" tall
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. Removal of dead plant materials
. Removal of deadwood from trees
. Removal of debris
. Replacement of missing building components and mechanical equipment (AC
Condensers and air handlers, water treatment equipment, garage doors, etc,)
. Prohibition of plywood coverings of windows and doors
. Continuing electric and water service
. Other items that tend to give the appearance of a derelict property
AGENDA ITEi'vl'~ ,
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Properties could be inspected by appropriate parties, deficiencies noted, if any, and correction
orders issued to the designated local agent, all before the completion of the foreclosure
process, Such an inventory would also protect against vandalism by the outgoing Debtor.
Consideration could be given to suspending the property's occupancy permit if serious
deficiencies are found, A question to consider is should the foreclosure be completed if serious
deficiencies remain uncorrected, If so, a lien could be created and an order issued to the
Property Preservation Authority (?) to hire trades people and bill the local agent for the work,
Onooino Monitorino of Property Maintenance
Computerized inventories of all vacant, Bank owned properties should be maintained that
identify the location of the subject property by Fire and Sheriff sub-station, Public Utilities and
Code Enforcement would be provided with similar information,
Sheriff andlor Fire District personnel will visit each subject property as part of their
neighborhood patrols and notify Code Enforcement of deterioration, if appropriate, Records of
each visit might be recorded using some kind of electronic data recording device such as many
Utility Departments use for meter reading, Quarterly reports of inspection visits could be sent to
the local agents electronically, Frequency of monitoring would vary by neighborhood and
condition of the property,
Code Enforcement would notify the local agent and/or the Property Preservation Authority, of
the need for prompt corrective action (such as within 7calendar days),
Corrective actions taken by the Property Preservation Authority if unpaid by the local agent,
would be funded by a new borrowing facility and filed as a lien against the property,
Fundino of Repairs and Maintenance
Funding of repairs and maintenance is a major concern of the Lenders in possession, There
are several options to explore and augment including:
1, Require the Lenders to fund their appointed Realtors so that the realtors can
maintain the properties in salable condition", such loans could be repaid out of
the proceeds of sale,
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2, Require Lenders to contract with a new Prooertv Preservation Authority that
monitors individual homes, contracts with local vendors for maintenance and
repairs and bills the Lenders.
3, Require lenders to post a bond or other surety as evidence of their ability to fund
4, Seek financial assistance from Fannie MaelFreddie Mac that protects their
interests
Initial Actions to Consider
July 2008
. Review with County Attorney to determine current authority and possible additions of
authority needed
. Contact other large municipalities to determine what actions, if any, they are taking,
. Contact State of Florida to determine any initiatives now underway addressing this
problem
. Meet (separately?) with selected Lenders, local attorneys and realtors to discuss
concept
. Review with County Commissioners individually or as a group
. Form steering committee with representatives from Code Enforcement, Sheriff, Clerk of
Courts and one or more Fire Districts to draft maintenance and monitoring standards
. Prepare an inventory of all vacant, bank owned residential property
. Identify Loss PreventionlReal Estate Owned (REO) executives within Banks owning
more than a specified number of residential properties in Collier County
August 2008
. Contact Loss Prevention/REO executives to identify their current property maintenance
arrangements and requirements being considered by Collier County
Etc, etc, and so forth""
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COLLIER COUNTY REAL ESTATE LISTINGS, SALES AND FORECLOSURES ,i Plii /3 of (p
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J F M A M J J A S 0 N D
2007 Guesstimates by Month
Forclosures,Mo 150 150 150 200 200 250 300 300 350 366 400 450
Forclosures-YTD 150 300 450 650 850 1100 1400 1700 2050 2416 2816 3266
2008 IF TRENDS CONTINUE..
Forclosures,Mo 562 599 645 641 664 716 700 725 750 775 800 825
Forclosures, YTD 562 1161 1806 2447 3111 3827 4527 5252 6002 6777 7577 8402
Sunshine MLS
Sales,Mo 463 471 687 799 842 842 850 850 850 900 900 900
Sales-YTD 463 934 1621 2420 3262 4104 4954 5804 6654 7554 8454 9354
New Listings,Mo 4789 3649 3132 3407 3372 3298 3300 3300 3300 3300 3300 3300
New Listings,YTD 4789 8438 11570 14977 18349 21647 24947 28247 31547 34847 38147 41447
Sales include some sales of foreclosed homes
New listings include some re,listings and listings of forecloses homes
Listings are running 4-6 times the absorbtion rate
IMPACT OF SUBPRIME MORTGAGE CRISIS AND ECONOMIC RECESSION
Homeowners are squeezed for cash
Home prices are in freefall.q ,buyers are on sidelines afraid to buy
Foreclosures are spiraling upwardqq,perhaps 7,000,10,000 in 2008
Banks and borrowers suffering large losses
Volume of foreclosures causes entire market to tank
Capital crunch at many Banks impacting their ability to make new loans
Police and fire services unable to protect volume of foreclosures
Banks doing poor job of securing and maintaining foreclosed homes
County tax base eroding
COLLIER COUNTY ACTIONS COULD HELP RE,ESTABLlSH ORDERLY MARKET
Require Banks to appoint local Realtors and Attorneys at time of foreclosure filing
Beef up Code Enforcement
Meet with Banks owning largest volume of properties to agree on security &maintenance
Create NGO to maintain derelict properties and bill owners
Create inter,Agency system (Clerk, BCC Code Enforcement, Sheriff, Fire Districts)
to identify, monitor, enforce security and maintenance standards
Attachment 1 Property Appraiser Records show some concentration of Bank owned properties
Attachment 2 Deutsche Bank owns the most" ,sample shows difficulty of communications,
delays in marketing, likely erosion in tax base
7/2/2008 SAH.
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VACANT HOME PROTECTION AND PRESERVATION ORDINANCE SUGGEST~e~c=~=' ~
Strategy: Keep it simple", ,place as much of the burden of protection and preservation on the
owners of vacant property as possible by taking the following steps:
1) Require lis pendens filers to select and appoint a local agent as part of their initial filing;
do not progress the filing until an acceptable agent is so appointed
2) Have the local agent, who is informed as to code requirements, conduct an investigation
of the subject property and itemize
a, Security shortcomings (Le, windows, doors, etc,)
b, Safety shortcomings (Le. pool secured, landscape hazards, exposed wiring, etc,)
3) Require the local agent to certify that the property is safe and secured as a precondition
to proceeding with the lis pendens
4) Separately, have the local agent identify and report to the non-resident owner code
violations and itemize the estimated cost of curing these defects, The ordinance could
give the non-resident owner a specific period of time to correct code violations without
having to have any Government Agency conduct its own investigation H' perhaps 20,30
days
5) Require the local agent to report to Code Enforcement any violations not
undertaken/cornpleted within the specified time period, H which would trigger fines over
an above the cost of the repairs proposed by the local agent. This should motivate the
owner to complete the work promptly to avoid fines
6) Restrict the ability of the non-resident owner to transfer title if any safety, security or
code violations exist
7) If the non-resident owner fails to address satisfactorily any safety, security or code
violations, suspend the occupancy permit and appoint an agent to authorize the repairs
and lien the property for costs plus an administrative fee,
8) If no owner can be found, appoint an agent to conduct the survey, note any violations,
authorize the repairs and lien the property for costs plus an administrative fee,
The Agent would presumably charge a fee for this service and offer continuing maintenance
services to avoid future code violations and address the "Community Standards" concern,
As we discussed, the cooperation of the Clerk of Courts and probably the Appraiser to first
capture information on the designated agents and second, to sort it and communicate it to Fire,
Police and Code Enforcement. These entities could continue to receive calls from the public
concerning possible violations and simply forward them to the designated agents with a time
limit for responding, Hopefully this would minimize their needs for investigation, follow-up,
contracting for service providers and their needs for additional resources,
SAH,
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L1ST/PENDIN"
MLS LISTING ISOLD
PRICE
DEUTSCHE BANK OWNED PROPERTIES IN COLLIER COUNTY
AS OF 7/1/2008
PID
ADDRESS
PROPERTY/MAILlNG
129,000
65670240002 733 Pine Cone Lane
c/o Florida Default Law Group
9119 Corporate Lake Dr. #300
Tampa, FL
3,65781 E+11 2061 41 st St SW
P,O, Box 13716
Sacramento, CA
40301520003 2920 22nd Ave NE
Citi Residential Lending
120 Hayes Street
Tallahassee, FL 32301
37221560004 111 2nd St SE
108016thSt#130
Rancho Cucamonga, CA 91730
407416400064035 4th Ave NE
c/o Countrywide Home Loans
Mail Stop PTX B-35
7105 Corporate Drive
Piano, TX 75024
56570003727 443 Crossfield Drive
c/o Golson Law Firm
1230 S Myrtle Ave #105
Clearwater, FL 33756
64260640000 1012 Frank Whiteman Blvd
c/o America's Servicing Co
3476 Statesview Blvd
Fort Mill, SC 29715
63501760006 3377 Hibiscus Avenue
clo American Servicing Co,
29392500804 9840 Luna Circle #204
Morgan Stanley ABS Capital
3476 Statesview Blvd
DATE
FORC'SD
Jun-08
Apr-08
Mar-08
Mar-08
Mar-08
Apr-08
May-08
Apr-08
Jul-07
238,000 Naples Realty
6/6/2008
245,000 Not in MLS
334,000 Not in MLS
279,000 Not in MLS
188,000 Not in MLS
239,000 Coldwell Banker
5/21/2008
254,900
248,000 Prudential WCI
165,000
159,000 ERA Faust
145,000
201,000
155,001
SOLD 6/30/2008
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"EUTSCHE BANK OWNED PROPERTIES IN COLLIER COUNTY
::; OF 7/1/2008
PID
ADDRESS
PROPERTY/MAILlNG
Fort Mill, SC 29715
555017200094841 Tahiti Lane
cia Citi Residential Lending
120 Hayes Street
Tallahassee, FL
29698000723 3269 Amanda Lane #5
460 Sierra Madre Villa Ave
Suite 101 Mail Stop HS 01-04
Pasadena, CA 91107
78532903607 14834 Toscana Way
Pooling & Servicing Agrnt 2005
c/o Smith, Hiatt & Diaz
P,O, Box 11438
Fort Lauderdale, FL 33339
674925200054204 Mindi Ave
cia Law Off of Marshall C Watson
1800 NW 49th Street #120
Ft Lauderdale, FL 33309
62786120006728 102nd Ave North
Long Beach Mtg Loan Trust
19850 Plummer Street
Mail Stop N070206
Chatsworth, CA 91311
36384360003 5405 26th Place SW
cia Florida Default Law Group
36440200007 5242 28th Place SW
7700 West Palmer Lane Bldg D
Austin, TX 78729
37288240008 140 6th Street NE
c/o Florida Default Law Group
P,O, Box 25018
Tampa, FL 33622
DATE
FORC'SD
Mar-08
Sep-07
Nov-07
Dec-06
Dec-07
Jun-08
Apr-08
May-08
JUST
VALUE
LIST/PENDING
MLS LISTING /SOLD
PRICE
293,000 Not in MLS
224,000 Coldwell Banker
177,500
389,000 REMAX
Pending 5/30/2008
299,900
235,000 Downing-Frye
5/14/2008
161,000
429,000 Coldwell Banker
4/4/2008
172,900
225,000 Not in MLS
264,000 Porter Davis
Pending 6/29/2008
116,000
244,000 Not in MLS
DEUTSCHE BANK OWNED PROPERTIES IN COLLIER COUNTY
AS OF 7/1/2008
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ADDRESS
PID PROPERTY/MAILING
371487600082770 70th Ave NE
7700 West Palmer Lane Bldg D
Austin, TX 78729
DATE
FORC'SD
Feb-08
JUST
VALUE
55,000
MLS LISTING
L1ST/PENDIN\..
/SOLD
PRICE
19,000
Porter Davis
3/12/2008
Average Just Value
Average Just for Properties in MLS
Average MLS List/Pending or
Sold Price
Percent of Just Value
249,000
243,000
163,000
67%
ISSUES TO ADDRESS TO (RE)ESTABLlSH AN ORDERLY MARKET
1 Variety of Contact entities
2 Unspecific Contact Person(s)
3 Time delays in appointing Realtors
4 No indication of property management entity
5 Concentration of foreclosures in Golden Gate City and Estates (8 of 18)
6 Mitigation of loan losses faced by Lenders (and implications for new financing)
7 Tax base erosion, for example
Average % decrease in Just Value
2007 plus 2008 forclosures
Average Just Value
Potential Tax Base Loss
County Ad Valorem at 12,15 Mils
33%
12,000
249,000
$986 Million
$10 Million
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~ {I(\1Ntu:,: ORDINANCE NO. 2004-.2J!.
~ \tw ; N ORDINANCE ESTABLISHING A PROPERTY
-9<".. -t-'" MAINTENANCE CODE FOR THE UNINCORPORATEn AREA
C'<'~~n.o'tE>~ OF COLLIER COUNTY, FLORIDA; PROVIDING A TITLE;
PROVIDING FOR PURPOSE AND SCOPE; PROVIDING FOR
GENERAL PROVISIONS; PROVIDING DEFINITIONS;
PROVIDING FOR RULES OF CONSTRUCTION; PROVIDING
FOR COMPLIANCE WITH HOUSING STANDARDS;
PROVIDING FOR RENTAL REGISTRATION REQUIREMENTS
AND PROCEDURES; DESIGNATING THE HOUSING
OFFICIAL POWERS AND DUTIES; PROVIDING FOR
INSPECTION OF STRUCTURES AND PREMISES; PROVIDING
FOR NOTICE OF VIOLATION PROCEDURES; PROVIDING A
METHOD FOR DESIGNATING HAZARDOUS BUILDINGS;
PROVIDING FOR STANDARDS FOR THE REPAIR OR
DEMOLITION OF HAZARDOCS BUILDINGS BY THE
COUNTY; PROVIDING FOR THE ASSESSMENT OF COSTS OF
REI' AIR OR DEMOLITION TO BE ASSESSED TO THE OWNER
WHEN ABATEMENT EXECUTED BY THE COCNTY;
PROVIDING FOR THE VACATION OF HAZARDOUS
BUILDINGS; PROVIDING THE RESPONSIBILITY FOR
PROPERTY MAINTENANCE; PROVIDING THE
RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRUCTURES, VACANT BlJILDlNGS, VACANT STRUCTURES,
AND VACANT OR UNIMPROVED LOTS; REQUIRING A
CERTIFICATE FOR A BOARDED BIlILDING, PROVIDING
FOR NIIlSANCES; PROVIDING STANDARDS FOR SECURING
BliILDING; PROVIDING FOR EXCEPTIONS TO BOARDING
REQUIREMENTS; PROVIDING FOR COSTS INCCRRED BY
THE COUNTY AND ASSESSMENT OF A LIEN; PROVIDING
FOR A NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE; REPEALING
COLLIER COLJNTY ORDINANCES 76,70, 89,06. 96,76 AND 99,
58; PROVIDING FOR PENALTIES; I'ROVIIJlNG FOR LIBERAL
CO'\STRllCTION; PROVIDING FOR INCLI'SION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; AND EFFECTIVE DA TE.
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WHEREAS, Collier County Board of County Commissioners seeks to protect the health, safety
and welfare of the citizens of Collier County; and
WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and
dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence
or abandonment and which contain defects which increase the hazards of fire, accident, or other
calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and
sanitary facilities, or other conditions render such dwelling units unsafe, unsanitary, dangerous and
detrimental to the health. safety, and general welfare of the community; and
WHEREAS, experience and accepted national housing surveys have clearly demonstrated that
such conditions result in a large measure from improper maintenance, inadequate san1tary facilities,
overcrowding conditions in residential occupancies, building and premises, and from general
neighborhood neglect and
\\'HEREAS. such unsafe and unsanitary conditions can he improved and often eliminated or
prevented through adopted and enforced housing standards, resulting in the UPb'Tading of living conditions
and an overall enhancement of the general health, safety, and welfare of all residents and property owners
of the community: and
WHEREAS, there exists conditions within the unincorporated areas of Collier County where
structures used for commercial and non~residential purposes are, or may become in the future,
substandard and further that such conditions, including but not limited to, structural deterioration, tack of
maintenance and appearance of exterior premises constitute a menace to the health,
morals and reasonable comfort of the unincorporated County's inhabitants; and
WHEREAS, due to the lack of maintenance and because of progressive deterioration, certain
properties have the effect of creating slum and blight conditions which, if not curtailed and removed, will
grow and spread; and
WHEREAS, by reason of timely regulations and restrictions contained herein, the growth of
slums and blight may be prevented and the neighborhood and property values thereby maintained; and
WHEREAS, the Collier County Board of County Commissioners finds it is important to protect
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and enhance the property values of the unincorporated County; and
WHEREAS, the Collier County Board of County Commissioners finds it is important to beautify
and preserve the appearance and aesthetic qualities of the neighborhoods, to control population density,
and to control parking and traffic facilities in the unincorporated County; and
WHEREAS, the Collier County Board of County Commissioners finds it is necessary to
establish requirements for the minimal maintenance of vacant and boarded properties to prevent blight in
the unincorporated County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: TITLE
This Ordinance shall be known and may be cited as the "Collier County Property Maintenance
Code,"
SECTION TWO: PURPOSE AND SCOPE
1. This Ordinance establishes minimum standards for the maintenance, upkeep, and
appearance of improved or unimproved premises; to minimize impacts of construction; and provides a
just, equitable and practicable method to prevent:
a. Residential and commercial buildings, structures, and premises from causing and/or
endangering life, limb, health, safety or welfare of the general public or their
occupants; or
b. Diminished property values; or
c. Detracting from the appearance of the residential area.
2. The provision of this Ordinance shall apply in the unincorporated area of Collier County
to every portion of a building or premises, used or intended to be used as dwelling unit in whole OT in
part, and every portion of a commercial or non-residential building or structure, regardless of the primary
use of such building or structure and regardless of when such building or structure was constructed,
altered or repaired.
SECTION THREE: GENERAL PROVISIONS
L Maimcl1ance. Equipment. systems, devices and safeguards required by this Code or a prior code
under which the structure or premises was constructed, altered or repaired, shall be maintained in good
working order. The requirements of this code are not mtended to provide the basis for removal or
abrogation of fire protection. safety systems and deyices in existing structures. Except as otherwise
specified herein, the owner shall he responsible for the maintenance of buildings, structures and premises.
2. Applicatio/1 of olher ('odes. Repairs. additions or alterations to a structure, or change of
occupancy shall be performed in accordance with the procedures and provisions of the code applicable at
the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any
provisions of this section.
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3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair o$er ..~ I... 0:,' 2U08
remedies of any local. state or federal jurisdiction or its officers or agencies relating to the removai, oP!!., .1.,0 ~~ I
demolition of any structure.
4. Requirements not covered by this Code, The Building Official shall determine requirements
necessary for the strength, stability or property operation and general conditions acceptable for an existing
fixture. structure or equipment not specifically covered by this code.
5. Deviation/rom Code. Where practical difficulties are prohibitive in carrying out the provisions
of this Code, the Community Development Administrator, or designee, in coordination with the
appropriate licensed authority, if applicable, has the authority to grant modifications for individual cases.
The modification shall be in compliance with the intent and purpose of this Code and shall not lesson
health, life and fire safety requirements. The basis for granting modifications shall be recorded and
entered in the Department files.
6,
Compliance.
It shall be the duty of each and every owner and operator of improved or
unimproved property within the unincorporated County to comply with the requirements set forth in this
Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with or in
conflict with the requirements of this Ordinance.
7. C'onflicI with aliter codes. The provisions of this article shall apply to all buildings, structures or
premises in existence or built within the unincorporated County. Where the provisions of this Ordinance
impose a standard different than that set forth in any other County ordinance or state law, the most
restrictive standard shall apply.
SECTION FOUR:
DEFINITIONS
When used in this Code, the following terms shall have the following meanings, unless the
content clearly otherwise requires:
1. ACCESSORY USE OR STRUCTURE - a use or structure ofa nature customarily
incidental and subordinate to the principal use or structure, and, on the same premises. On the same
premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on
a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be
considered a part thereof, and not an accessory structure.
2. ATTIC - any story situated wholly or partly in the roof,so designated, arranged or built
to be used for storage or uninhabitable space.
3. BOARD - Board of County Commissioners of Collier County, Florida.
4. BOARDING - the placement of plywood orsome type of construction material as a
temporary barrier to cover and obscure a window. storefront or access to a structure.
5. BUILDING - a structure of any kind, which is built or constructed of parts joined
together in some definite manner, which requires a fixed location on, or in the ground attached to
something' having a flxed location on or in the ground.
6. BUILDING CODE - the Florida Building Code, or its successor, as amended by the
Collier County Board of County Commissioners.
7. BUILDING OFFICIAL - the individual charged with the responsibility to administer,
supervise. direct. enforce. or perform the permitting and inspection ofconstrllction, alteration, repair.
remodeling. or demolition of structures and the installation of building systems. to ensure compliance
with the Building Code.
8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board
created by the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida
Statutes.
3
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9. CODE ENFORCEMENT INVESTIGATOR - any authorized agent, represe~I'\!i&e:_o~._a21 'Of- b
County employee designated by the Housing Official to ensure compliance and enforcement oTlTi--:--'- -
provisions of this Code.
10. CONDEMNATION-the declaration by a Housing Official or designee that B property
or structure is unfit for use or habitation or dangerous to a person or other property pursuant to Chapter
553. Part VI, Florida Statutes, with consultation from the Fire Department, Health Department, Building
Official, or other applicable agency.
1 t. COUNTY MANAGER- County Manager or his designee.
12. DANGEROUS BUILDINGS AND STRUCTURES- .11 buildings, dwelling units or
structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress,
or which constitute a fire hazard, or are otherwise dangerous to human life, OT which in relation to
existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation,
obsolescence, or abandonment. Additionally, any building, dwelling unit or structure that is deemed to be
classified as anyone of the following:
a, A structure or dwelling unit, which, in the opinion of the Fire Inspector constitutes
a fire hazard; or
b. A structure or dwelling unit which in the opinion of the Health Inspector,
constitutes a threat to the health of its occupants or to the health of the general public by
reason of the unsanitary, infectious or defective condition of said building; or
c. A structure or dwelling unit, which in the opimon of the Building Official or
desi!:,'11ee or a Florida State Certified engineer falls below minimum structural standards;
or
d. A structure or dwelling unit, the interior walls or other vertical structure members
of which list, lean or buckle to the extent that a plumb line passing through its center of
gravity falls outside of the middle third of its base; or
e. A structure or dwelling unit, exclusive of the foundation, which evidences 33% or
greater damage to or deterioration of the non-supporting, enclosing, or outside walls or
covermg; or
f. A structure or dwelling unit existing in violation of any provision of the Building
Code or any other ordinance of the County.
13. DEBRIS _ any material which is stored externally or internally and shall include, but not
be limited to the following: discarded household items; inoperative or discarded machinery, automobiles
or appliances: refuse, rubbish, trash or junk; used scrap or discarded lumber, plpe, steel, plumbing
fixtures. insulation. and other building material.
14. DETERIORATION - a lowering in quality in the condition or appearance of a building
or parts t~ereof, characterized by holes, breaks, rot, crackmg, peeling, rusting, mold/mildew, graffiti or
any other evidence or physical decay or neglect. or excessive use, or lack of maintenance, including the
landscaping and parking areas.
15. DILAPIDATED - substantial deterioration of a building or parts thereof. such that said
building. or a portion thereof, is no longer adequate for the purpose or use for which it was originally
intended.
16. DWELLING UNIT. A single unit within a building providing complete independent
living facilities for one or more persons including permanent provisions for living, sleeping. eating,
cooking and sanitation.
1 7. ELECTRICAL CODE - National Electrical Code. as it may be amended or its successor.
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18. FIRE INSPECTOR - One certIfied to have met the mspectlOn trammg requIrements, by.. 8.. .',
the Division of Sate Fire Marshall of the Department ofInsurance. - J1.. . ~~ ().... ~ ~ ~
19. GARBAGE - any animal or vegetable waste resulting from the handling, preparation.
cooking, and consumption offaod, including food containers of any type.
20. GAS CODE.... the Building Code revisions, as may be amended or its successor.
21. HABITABLE ROOM - a space in a structure for living, sleeping, eating or cooking.
Bathrooms. toilet compartments. closets, halls, screen enclosures, storage or utility space, and similar
areas are not considered habitable space.
22, HEALTH INSPECTOR - the Director of the Collier County Health Department or his
or her designee.
23. HOUSING OFFICIAL - the officer charged with the administration and enforcement of
this Code or a duly authorized representative or representatives. The Code Enforcement Director is
hereby designated to be the Housing Official.
24. IMPROVED PROPERTY - real property, which contains a building(s) or other
structural improvements.
2"5. INFESTATION - the presence within or around a structure of insects, rodents, or pests,
which are detrimental to the public health, safety, and general welfare of the residents or occupants, or
neighboring properties.
26. INOPERA TIVE VEHICLE(S) - vehicles or trailers of any type that are: not
immediately operable, used for the purpose for which they were manufactured, in need of mechanical or
electrical repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined
in the Collier County Land Development Code, do not meet the Florida Safety Code, or does not have
current valid license plates.
27. LOCAL AGENT OR OPERATOR ~ a person or representative of a corporation,
partnership, firm, joint venture, trust, association, organization or other entity. having his or her place of
residence in Collier County and designated by the owner to maintain such premises in compliance with
the provisions of this Ordinance under the Rental Registration Section. The owner may act as the local
agent so long as he/she resides in the County.
28. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure.
This term shall include, but is not limited to, any occupied or unoccupied structure, commercial structures
or buildings, mixed use buildings or structures that include both dwelling units and office or retail
combinations, and every other structure that is not a dwelling.
29. NUISANCE ~ Unsanitary conditions or anything offensive to the senses or dangerous to
health.
30. OCCUPANT ~ any person living. sleeping, cooking or eating in, or having actual
possessio~ of, a dwelling unit, within the confines of any building or structure.
31. OPENABLE AREA - any part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
32. OWNER - the holder of the title of property, if fee simple, and any person, group of
persons. company, association or corporation in whose name tax bills on the property are issued. It shall
also mean any person who, alone or jointly or scveral1y with others: (a) shall have legal title to any
dwelling unit. with or without accompanying actual possession thereof: or (b) shall have charge, of or
control of any dwelling unit, as ov,'ller, personal representative. executor. executrix. administrator. trustee,
guardian of the estate of the owner, mortgagee or vendee in possession. or assignee of rents, lessee, or
other person. firm, or corporation in control of a building; or their duly authorized agents. Any such
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person thus representing the .ctu.1 owner shall be bound 10 comply witb the provisions of this Code. "",,- ~- - --. f ~-
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of rules and regulations adopted pursuant thereto. to the same extent as if he were the owner. It is his
responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the
property, which apply to the owner.
33. OXYGEN DEPLETION SENSING SYSTEM (ODSS)- .n ,ulom.tie pil01 .nd sbutoff
system. Incorporates a pilot designed to be stable within narrow conditions of operation, which is
designed to blowout or lift off under reduced oxygen atmospheres, resulting in gas shutoff by a
companion valve.
34. PERSON- any individual, finn, corporation. association, partnership or other entity.
35. PLUMBING CODE ~ the Building Code revisions, as may be amended or its successor.
36. PREMISES - a lot, plot or parcel of land, or portion thereof, including the buildings or
structures thereon.
37. RENTAL REGISTRATIONS - the registering ofresidential rental units with the Collier
County Code Enforcement Department.
38. RENTAL UNIT .A rental unit is any dwelling unit that is not owner occupied but
occupied'by someone other than the owner for any portion ofa calendar year.
39. RESIDENTIAL STRUCTURES - any dwelling unit or structure where any part is used
or intended to be used for living, sleeping, cooking or eating.
40. RUBBISH - any waste material other than garbage.
41. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, including
the window portion therein. The assembly mayor may not have an operable- section to provide
ventilation.
42. SPECIAL MASTER - an attorney designated by the Board of County Commissioners
pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and assess fines against
violators of Collier County Codes and Ordinances.
43. STAiRWAYS - one or more flights or stairs and the necessary landings and platforms
which form a continuous and uninterrupted passage from one story to another, within or attached to the
exterior of a building or structure.
44. STORY ~ that portion ofa building included between the upper surface of any floor and
the upper surface of the floor next above, included betvJeen the upper surface of the topmost floor and the
ceiling or roof above.
45. STRUCTURE - anything consrructed or erected which requires the fixed location on the
ground, or in the ground, or attached to something having a fixed location on or in the ground, including,
but not limiled to, fences. buildings, towers, smokestacks, utility poles and overhead transmission lines.
46. SUBSTANDARD ~ any residential or commercial building or structure used as a
dwelling ~nit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the
health or safety of the occupantsipubJ-ic. Any such unit that lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants/public shall be consldered to be unsafe,
and unsanitary, as wen as unfit for human habitation and therefore substandard, except that it shan not be
deemed substandard if built and maintained m accordance with the building code at the time of
construction.
47. VENTILA TJON - the process of supplying and removing alr by natural or mechanical
means to or from any structure. building or dwelling.
48. WEATHERPROOF - able to withstand exposure to weather without damage or loss of
function.
6
50.
YARD - an open, unocc-.p:...J ::lpace on the same lot with a building, structure or
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WEATHERTlGHT - able to exclude wind and rain under typical local weather
conditions.
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dwelling.
51. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development
Code) for unincorporated Collier County, as it may be amended.
SECTION FIVE:
RULES OF CONSTRUCTION
For purposes of administrntion and enforcement of this Housing Code, unless otherwise stated in
this ordinance, the following rules of construction shall apply:
1. The word "shall" is always mandatory and not discretionary and the word "may" is
permissive.
2. Words used in the present tense shall include the plural future; and words used in the
singular shall include the plural and the plural singular, unless the context clearly
indicates the contrary; use of the masculine gender shall include the feminine gender.
3. The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in
this Ordinance, they shall be construed as though they were followed by the words "or
any parts thereof'.
SECTION SIX:
COMPLIANCE WITH HOUSING STANDARDS
All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as
hereinafter set forth:
1. SANITARY FACILITIES REQUIRED - Every dwelling unit shall cont.in not less lhan
one (1) kitchen sink with counter work space, one (1) lavatory basin, one (1) tub or shower, and one (1)
commode, all in good working condition and properly connected to an approved water and sanitary sewer
system as approved hy Collier County or the Collier County Public Health Department, as applicable.
Every plumbing fixture and water and wastewater pipe connection shall be properly installed in
accordance with the Plumbing Code and maintained in good sanitary working condition, free from
defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be
accessible to the occupants of the dwelling unit The commode, tub or shower, and lavatory basin shall
be located in a room affording privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling. or dwelling unit, shall have
connections to the kitchen sink, lavatory basin. tuh or shower, and an adequate supply of both hot and
cold water, all in good working condition. All connections shall be supplied through an approved pipe
distribution system connected to a potable water supply.
3. WA TER REA TING FACILITIES - Every dwe\ling unit shall have water heating
facilities which are properly installed and maintained in a safe and good working condition and are
capable of heating water to a temperature as to permit an adequate amount of ",'ater to be drawn at every
required kitchen sink. lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees
Fahrenheit.
4. REA TING FACILITIES - Every dwelling unit shan be equipped with heating
equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of
68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical
7
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heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical
Code unless such equipment is approved by a nationally recognized testing agency. Unvented fue1.fire
heaters shall not be used in any location unless equipped with an Oxygen Depletion Sensing System
(ODSS). Any appliance that has been converted from a vented to an unvented heater shall not be used
under any conditions.
5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range
and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6, GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall h.ve .dequ.le
garbage or rubbish disposal facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTILATION - Every habitable room ofa dwelling unit shall meet the
minimum size and access requirements of the Building Code.
8. BATHROOM - Every bathroom ofa dwelling unit shall comply with the minimum light
and ventilation requirements for habitable rooms except that no window or skylight shall be required in
adequateiy ventilated bathrooms equipped with a mechanically ventilating air system.
9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric
lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-
type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time
of violation.
10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a
structure containing three or more dwelling units shall be adequately lighted at all times. Structures with
Jess than three dwelling units shall be supplied with a conveniently located light switch that controls an
adequate light system that can be turned on when needed if continuous lighting is not provided.
11. ELECTRICAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring
of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical
power 1n accordance with the provisions of the Electrical Code, in effect at the time of vi oJ at ion.
12. EXTERIOR AND lNTERIOR STRUCTURES OF DWELUNG UNITS - alllhe
following component ofa dwelling unit shall be maintained in good condition.
a. FOUNDATION - The building foundation walls or other structural elements
shall be maintained in a safe manner and be capable of supporting the load which normal use may
place thereon.
b. f.."'XTER10R WALLS ~ The exterior walls shall he maintained free from holes,
breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight
and weatherproof. and surfaces properly coated as needed to prevent infestation and deterioration.
D~corative features such as: cornices. belt courses, corbels, trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall
be removed or repainted to match existing surfaces.
c. ROOFS - Roofs shall be mamtained in a safe manner and have no defects which
might admit rain or cause dampness in the wall or interior portion of the building.
d. MEANS OF lNGRESS/F.GRESS - Every dwelling unit shall have a safe.
unobstructed means of ingressJebrress leading to a safe and open space. A second means of
escape or egress may be required in accordance with the Building Code as amended by Collier
County.
8
e. AITIC ACCESS - Access to the attic shall be provided by means ofao access
panel within the dwelling unit. This provision does not re uire tenant aC9~s~~.
f. STAIRS, PORCHES. AND A Ulr/iJ~fIfj. tl~hside hnd outside
stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition,
capable of supporting a load that nonnal use may place thereon, and in accordance with the
Building Code as enacted by Collier County.
g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be required
~tt'
~g _ c2...~.... 'to
in the manner prescribed by the Building Code. Such railings shall be maintained in good
condition and be capable of bearing nonnally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the
Building Code.
i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be
properly fitted within its frame, provided with lockable hardware, and shall be weather.tight and
weatherproof, and maintained in good repair. Every window required for light and ventilation for
habitable rooms shall be capable of being opened easily and secured in a position by window
liard ware. Windowpanes or approved substitutes shall be maintained without cracks or holes.
Openings originally designed as windows and doors shall be maintained as such, unless approved
by the Building Official for enclosure. The closing in of a window or door shall be by bricking
the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of
an authorized building material and finishing the exterior with like material of the original
exterior surface. or boarding the opening. When boarding is used, it shall be trim fit. sealed to
prevent water intrusion, and painted or stained to confonn with the other exterior portions of the
building. The boarding shall remain in place no 'longer than 18 months, unless an extension is
granted by Code Enforcement Special Master.
j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight
within the window frame.
k. HARDWARE - Every door shall be provided with proper hardware and
maintained in good condition.
J.
SCREENS-
Every window or other device used or intended to be used for
ventilation which opens directly to the outdoor space shall have screens. Dwelling units which
contain operable central heating and air-conditioning systems are not required to have screens on
doors and windows.
m. PROTECTIVE TREA TMENT - All exterior surfaces other than decay-resistant
woods shall be protected from the elements by painting or other protective covering according to
manufacture's specifications.
n. ACCESSORY STRUCTURE - All accessory structures shall be maintained and
kept in good repair and sound structural condition.
o. INTERIOR DOORS - Every interior door shall be properly fitted within its
frame.
p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a
peflnnnent /loor of approved material prescribed by the Building Code. Every floor and interior
wall shall be free from infestation and maintained in good repair to prevent deterioration and shall
be capable of supporting the load which nonnal use may cause to be placed thereon.
9
I .... (0 I
~ SEP C c~ Tr!08
.' Pg~'3:."~ _0~
- ~, .----~-----~.."...",..:.~
q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall be
maintained in good repair and show no evidence of deterioration which would render it incapable
of carrying loads which nonnal use may cause to be placed thereon.
T. GUTTERS AND DOWNSPOUTS - Gutters and dovmspouts shall be maintained
in good repair and shall be neatly located and securely installed.
13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the
minimum space footage requirements of the Land Development Code and shall contain at least 250
square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet
of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No
habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the
Building Code.
14. MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms
and laundry rooms shaH have a ceiling height of not less then the minimum ceiling height requirements
specified in the building code at the time of construction.
15. POOL MAINTENANCE, PRIVATE - all swimming pools. spas and architectural pools,
ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be
properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be
allowed to stagnate or become polluted. All pools shall be free from unSightly appearance, including but
not limited to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW FLOOD ELEVA nON - no space construcled
below the then minimum flood elevation at the time of original construction shall be used as a habitable
space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game
room) and improved to meet FEMA requirements.
17. RESIDENTIAL PARKING FACILITES - all residential properties must provide
parking facilities in accordance with the Collier County Land Development Code and shall be treated
with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be
maintained in good condition and repairs to the parking surfaces must be made with like material.
18. BOAT HOUSES - All boathouses within the unincorporated County must be maintained
so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed
surfaces of metal or wood shall be protected from the elements, decay or rust.
19. SANIT A nON REQUIREMENTS -
a. All public or shared areas, and habitable rooms of any dwelling unit structure,
accessory structure. or building shall be kept in a clean and sanitary condition by the occupant or
owner. in accordance with Health Department standards.
b. Nothing shall be placed, constructed. or maintained on any premise that conflicts
with this code so as to constitute a nuisance or fire hazard.
c. All buildings. structures, accessory structures (including private swimming
pools). dwelling units shall be regularly maintained and kept free of infestation.
d. The plumbing fixtures in every dwelling unit, building or structure shall be
maintained in a clean and sanitary condition as prescribed by the Health Department.
20. SMOKE DETECTORS -- All dwelling units shall he equipped with smoke detectors to
meet the minimum Building and Fire Code requirements. If the structure was built without wired
detectors. battery operated smoke detectors are recommended for installation. All rental units shall have
smoke detectors that meet the Residential Landlord and Tenant Act.
10
N~GENQ~I~EI~i--
SEP (1:; 7/1:1" J
Air rental units in unincorporated Collier County must obtain a registration certificate from I P ~ g ~ h
Collier County Community Developmenl.nd Environment.1 Services Division in .ccord.nce wilh this 9 _.: .....-.,,--- '.~ .
section. J NAGENLJ'h i T E.i~,:-'--
t. When any dwelling unit is occupied by someone otheFthan the owner for any pohion ofa
SECTION SEVEN:
RENTAL REGISTRATION REOUIREMENTS AND PROCEDURES
calendar year, a rebuttable presumption arises that the dwelling unit is a rental unit. The presumption
may be rebutted by evidence that the occupancy of the dwelling unit is due to housesitting, baby-sitting,
pet sitting, Of the like.
2. REGISTRATION OF RENTAL UNITS REQUIRED - Tbe owner(s) of any rent.l unit
shall register each rental unit with the Collier County Community Development and Environmental
Services Administrator, or his designee, and shall designate an individual or entity as the Local Agent or
Operator for the registered rental unit. Registration shall be made prior to the use of any dwelling unit as
a rental unit.
3. APPLICATION FOR REGISTRATION PROCEDURES - Applic.tion for registration
shall ~e completed for each rental unit located in the unincorporated Collier County and in accordance
with such instructions as may be provided by the Community Development and Environmental Services
Administrator, or his designee, and include at a minimum, the following information:
a. The name and addresses and telephone numbers of all owners of the rental unit.
b. The name, local address and telephone number of the responsible local agent or
operator.
c. The number of rental units and the address(es) of each rental unit.
d. The name and address of any mortgage holder.
4. LOCAL AGENT OR OPERATOR - A person or representative of a corporation,
partnership, firm. joint venture, trust, association, organization or other entity, having his or her place of
residence or business in Collier County designated by the owner to operate and/or manage such premises
in accordance with the following provisions.
a. Local Agent or Operator Requirements - The Local Agent or Operator must be
either: an individual who resides within Collier County and is a minimum of 18 years of age, a
local business entity possessing a Collier County Occupational License who is registered with
and known by the Florida Department of State, or the property O\Vl1er, provided he/she is a
resident of Collier County. A real estate agent or broker of the owner shall not be deemed a
"Local Agent" for purposes of this section unless said real estate agent or broker is registered in
accordance with this section.
b. Duties and Responsibilities - The designated Local Agent or Operator shall at all
times ensure the rental unit(s), for which he is responsible, is in compliance with all Collier
County Codes and Ordinances. The Local Agent or Operator shall be vested with the authority to
receive notices of violation and shall be vested with the authority to consent to access to such
residence to duly authorized public officials conducting inspections necessary to ensure
compliance with the terms of this Ordinance. All official notices of violation of all Collier
County Codes and Ordinances served to the Local Agent or Operator shall be deemed to have
been served upon the owner of record.
c. Property Owner and Local Agent Agreement - Any person(s) or entity
desi!:,rnated by the property owner(s) to act as Local Agent or Operator must accept the duties and
responsibilities as set forth in this Ordinance. Such acceptance shall be indicated by written
agreement by and between the property owner(s) and the named Local Agent or Operator, which
II
.:GE~~TE"-I
shall be duly noted on the .pphc,"on for Rental Uml RegJslr.110n. WIthdrawal ofsucb.n I t-'g SH 1'1 -0 F <0 'Z..-J
3b'Teement shall result in revocation of said registration. Failure to provide saId agreement sl1arr--"'"- --~--'.. 1
be grounds to refuse issuance of Rcotal Unit Registration thereby constituting a violation of this
section.
5. TERMS, EXPIRATION, RENEW ALS AND TRANSFERS - Rental unit registr.tion
certificates shall be issued for a period of one (1) year. Said registration shall be updated annually on or
before June 30th, Delinquent registrations will result in a daily penalty as established by resolution of the
Board afCounty Commissioners. Should a change occur in ownership or Local Agent or Operator
information, a transfer or supplemental registration shall be filed with the Community Development and
Environmental Services Division within ten (10) days of such change by the property owner(s). Any
change in ownership or Local Agent or Operator mfonnation without notice to the County shall result in
revocation or cancellation of said registration and shall be deemed a violation of this Ordinance.
6. RENTAL UNIT INSPECTIONS - All rental units registered with Collier County may be
inspected, for an additional fee, by the Housing Official, or designee. in accordance with this Ordinance
to ensure the housing conditions and surrounding premises are in compliance with the Codes and
Ordinanc'es for Collier County. All non-compliant conditions shall result in a failed inspection and denial
ofa rental unit registration certificate. Notice of the non-compliant conditions will be provided to the
owner and agent and such conditions shall require correction in a timely manner. Repeated non-
compliance with any Code affecting premise shall require an annual inspection until the premise has been
found free of violations for at least two (2) consecutive years.
7 . REVOCATION / CANCELLATION - The Collier County Community Development and
Environmental Services Division Administrator, or his designee, may revoke or cancel a registration on
the following grounds: I) informatIOn con tamed on the registration is false or material facts have been
omitted, 2) a person or business registered under this section has violated county laws or ordinances for
the protection of the public health, safety. or welfare and it is determined that the continued rental
registration would be detrimental to the public health. safety, or welfare, or 3) payment of rental
registration fees are dishonored by a financial mstitution. Revocation or cancellation ofregistration shall
constitute an unregistered rental unit.
8. APPEALS TO REVOCATION! C ANCELLA TlON OF CERTIFICATE - Priorto the
cancellation or revocation of a license under this section, the County shall notify the owner of the grounds
for such cancellation or revocation and of the right of such person to request a hearing before the Code
Enforcement Board. Procedures for the notices and hearings sha1\ be set forth in the Code Enforcement
Board Ordinance.
SECTION EIGHT: ESTABLISHMENT OF HOUSING OFFICAL -IlESIGNATlON: POWERS
ANllllllTlES
There is hereby established the position of Housing Official who is hereby charged with the duty
of administering the applicable standards set forth in this Ordinance and securing compliance with the
minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is hereby
designated to be the Housing Official established by this section. The Housing Official is hereby
authorized to:
1. Conduct inspections or take other appropriate action to require compliance with this
Ordinance:
2. Investigate alleged violations of this Ordinance and to enter upon real property in the
conduct of official business;
3. Issue notices of violation and written demands to correct violations of this Ordinance;
12
I AGENDA ITE'V'-'
No. '" I'~
4. Initiate any and all other criminal or civil enforcement action as may be authorized by . ..( G.b.. .
law to require compliance with this Ordinance: SEP :) :~) 2008
5. Appoint Code Enforcement Investigators to assist with the enforcement of this j p Si> ~~ "
fi_
Ordinance. --..........'
SECTION NINE:
INSPECTION OF STRUCTURES AND PREMISES.
t. Complaint-driven or inspector-initiated inspections of properties subject to this
Ordinance shaH be conducted by the County to ensure that such properties are in compliance with the
provisions of this Property Maintenance Code; provided, however, this provision shall not be interpreted
as authorizing the County to conduct inspections of properties without the consent of the owner or
occupant or without a warrant. In securing consent, or at the time of inspection, the Housing Official or
the Code Enforcement Investigator shall present County-issued identification and shan explain to the
owner, occupant or operator the purpose of the inspection.
2. If the inspection of a property reveals violations of the provisions of this Property
Maintenance Code. this shall trigger a request for an inspection of the interior of the property and/or a
random sampling of the properties involved which may include multiple units.
3. For inspections involving multiple units at one location and upon consent of owner or
designee or issuance of inspection warrant, a random sampling of the properties will be inspected as
follows:
a. I to 4 units, aU units;
b. 5 to 10 units, 50% of units;
c. II to 29 units, 20% of units;
d. 30 to 49 units, 15%ofuoits;
e. 50 or greater, if one location. 5% of the units with a maximum of 20 units.
in the case of 50 or greater units. if the Housing Official finds one or more serious, health, safety
or habitability violations in 5% of the units, the Official may ask to inspect more units to a total of 100%
of the units in the development community. The Housing Official may assess a noncompliance
inspection fee of $50.00 per unit inspected, per re-inspection, if any violation still exists after allowance
of a reasonable time period for compliance.
4: The Housing Official and all appointed designees are authorized and directed, in
accordance with this Section. to enter and inspect dwelling units. buildings. structures and premises to
detennine their condition in order to assure compliance with the provisions of this Code or upon receipt
of complaints or when the Housing Official has cause to believe a violation of this Code exists.
Inspections shall take place during the regular business hours of Collier County Government, or at a time
mutually agreed upon by the Housing Official and the owner. operator or occupants. Should the owner,
agent. operator or occupant fail to make the mutually agreed upon inspection, a final inspection must be
obtained within 30 days of the original inspection date.
5: The owner, operator. occupant or other person in control of the dwelling unit, building,
structure or premises shall. upon consent, allow the Housing Official or designee free and unrestricted
access to all areas subject to the provisions of this Ordinance for purposes ofa full and complete
inspection. In the event that the Housing Official or designee is denied access or cannot obtain access to a
dwelling unit. building. structure or premises for purposes of inspection. the Housing Official or designee
is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection
pursuant to Chapter 933, Florida Statutes. as it may be amended or replaced.
13
I N~GEi\iCIA.1 Eli -
lue3
SECTION TEN: NOTICE OF VIOLATION PROCEDURES. SEP (1~; ?ODP
Whenever the Housmg Official or Code Enforcement Investigator determmes that a vIOlation of J Pg ~J of fe,2
this Ordmance eXlsts, the followmg actIon shall be taken: --c"_ ._~.u~_~
1. The Housing Official or Code Enforcement Investigator shall provide v.TItten notice of
any alleged violation to the owner, operator Of other party responsible for the dwelling unit, building,
structure or premises. Such 'Written notice of violation shaH include the following:
a. A description of the location of the structure involved, either by street address or
legal description;
b. A statement of the facts supporting the violation and the reason why the notice of
violation has been issued;
c. A reference to the Section or Sections of this Ordinance and any applicable code or
ordinance upon which the violation is based;
d. If repairs or alterations will bring the structure into compliance with this Ordinance, a
statement of the nature and extent of such repairs or alterations necessary to comply with this
article;
I
e. If repairs or alterations are necessary for compliance, a specified time within which
such repairs or alterations are required to be made;
f. If the violation is of such character that repairs or alterations cannot bring the
structure into compliance. a statement to that effect and an order for vacating the premises with
an explanation therefore and a time frame for vacating the premises;
g. The name or names of persons upon whom the notice of violation is served as stated
in subsection (2) of this Section;
h. A statement advising that the failure to cure the violation within the time period
stated will result in the Housing Official taking any and all action as may be permitted by law to
abate the violation.
2. The notice of violation may be either personally served upon the owner or served by
certified mail, return receipt requested, at the address of the owner as listed in the tax collector's office for
tax notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall
be posted in a conspicuous place on the premises at which the violations are located and at the County
courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the
notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner,
operator. occupant or any other unauthorized or unidentlfied person prior to the 10 day time period having
lapsed. Service on the owner's agent or operator at the address listed in owner's Rental Registration
Application by first class mail shall substitute for service on the owner. If the owner does not occupy the
premises. a copy of the notice of violation shall also be provided to the occupant of the premises.
3. The Housing Official is authorized to condemn any building, dwelling, structure or
accessory structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human
occupation and constitute a dangerous building or structure. The Housing Official may placard the
premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or
unsanitary for human occupancy. The failure of any person to comply with such order within the time
designated by said Housing Official shall be subject to the penalties of this Ordinance. Any unauthorized
person removing. defacing or mutilating any such notice, order or placard as provided for in this Code
shall be deemed to be in violation of this Code and shall be subject to penalties as provided in Section 24
of this Ordinance.
14
SECTION ELEVEN: METHOD FOR DESIGNATION AND ELIMINATION OF HAZA i'iGENDA IT EM--J
BUILDINGS No. ,
Ifan appropriate person, as identified under the definition of Dangerous or Hazardous Sui ing, SEP- If P~2r. c.'~
_ \/ ~:-;' Ill'"
identifies a hazardous or dangerous condition existing within a building or structure, he shall make, an 3 OJ, ~+. f.a _
itemized report of all hazards within the area of his expertise and certify said report to the Housing:!_Pg o.__ _ .::.:::'_---:~::: f
Official. The Housing Official shall then notify the owner of the offending property, in writing, and
demand that said owner cause the hazardous condition to be remedied. The notice may be either
personally serviced upon the owner or served by certified mail, return receipt requested, at the address of
the owner as listed in the tax collector's office for tax notices. {fthe building or structure is occupied, the
Housing"Official shall also cause a copy of the notice to be provided to the occupant or occupants of the
property, or upon the Agent or Operator. In the event that personal service upon the owner or his Agent
or Operator, cannot be performed after diligent search, then service shall be accomplished by physically
posting the notice upon said property at which the violations are located and at the County courthouse at
least] 0 days prior to the hearing or prior to the expiration of any deadline contained in the notice.
Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator,
occupant" or any other unauthorized or unidentified person prior to the 10 day time period having lapsed.
After service of the notice, the owner shall have 30 days to remedy the hazardous condition, after
obtaining all applicable permits, or the County will remedy the hazardous condition at the complete cost
of the owner. If the owner wishes to contest the Housing Official's determination of the existence ofa
hazardous building he may apply for a hearing before the Code Enforcement Board or Special Master of
Collier County within fifteen (15) days from the date of service of the notice. The notice shall be in
substantially the following form:
NOTICE OF DANGEROUS BUILDING
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
Our records indicate that you are the owner(s) of the following property in Collier County,
Florida.
(Describe property by legal description or address)
An inspection of this property discloses, and I have found and determined, that a hazardous and
dangerous building exists thereon so as 10 constitute a threat to the safety of its occupants and/or
the general public of Collier County. The specific hazards are as follows:
(Describe I list hazardous conditions)
You are hereby notified that unless the above dangerous conditions are remedied, so as to make
the property in compliance with this Ordinance within thirty (30) days from the date hereof, (he
Counly will remedy the dangerous condition and the cost thereof will be levied as an assessment
against such property . You are further notified that should you desire to contest the Housing
Official's determination of the existence ofa dangerous building you may apply for a hearing
before the Code Enforcement Board (CEB) (or Special Master of Collier County). Such request
for hearing shall be made in writing to the Secretary to the CEB ISpecial Master within fifteen
(15) days from the date ofthls notice.
SECTION TWELVE: STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZARDOUS
BlIILDlNG BY THE COUNTY
If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice
that a hazardous condition exists, or within fifteen (15) days of the final determination by the Board that a
15
AGENUA IT";'--.
No_ l:e,~"'- I
!!~o~f~ '~fI%~1
hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of
dangerous buildings. shall consider the following:
a. Whether the interior walls or other vertical structure members list, lean or buckle 10 the
extent that a plumb line passing through its center of gravity falls outside of the middle
third of its base; or
b. Whether the non-supporting, enclosing, or outside walls or covering. exclusive of the
foundation, evidences 33% or greater damage to or deterioration; or
c. Whether a structure exists in violation of any provision of the Building Code or any other
ordinance of the County.
If the building is unoccupied and it is deemed that demolition is not feasible, the building should
be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or
dwellings.
SECTION THIRTEEN: ASSESSMENT OF COSTS TO OWNER WHEN ABATEMENT
EXECUTED BY COUNTY
1, If the owner fails to remedy the hazardous. condition, the County shall remedy the
hazardous condition and notify the owner of the expense mculTed by certified mail. return receipt
requested at the address of the owner as listed in the tax collector's office for tax notices. The Housing
Official shall then certify to the Board of County Commissioners the expense incurred in remedying the
violation, whereupon such expense shall become payable within thirty (30) days. If the owner fails to pay
the expense incurred within the prescribed time limit, the Board shall cause a resolution to be adopted
as!icssing a special lien and charge upon the property which shall be payable with interest at the legal rate
as of the date of certification by the Housing Official. The notice of assessment shall be in substantially
the following fonn:
LEGAL NOTICE OF ASSESSMENT
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
You, as the owner of record of the following property;
(Describe property)
are hereby advised that Collier County. Florida did on the ~ day of ,20 ,order that
the hazardous or dangerous condition which existed on the above property be remedied, sending
you notice thereof, the specific hazards being:
(Itemize Hazards)
A copy of such notice has been sent to you or your agent. You have failed to remedy the
hazardous condition; whereupon, it was remedied by Collier County at a cost of $ _; such
cost. has been assessed against the above property, m the same manner as a tax lien in favor of
Collier County on ,20_, You may request a hearing before the Board of
County Commissioners to show cause, if any, why the expenses and charges incurred by the
County under this Ordinance are excessive or unwarranted or why such expenses should not
constitute a lien against the property, Said request for hearing shall be made to the Clerk of the
Board of County Commissioners in writing within ten (10) days from the date of this notice,
Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and
may be satistied at any time by payment thereof including accrued interest. Notice of such lien shall be
filed in the office of the Clerk of the CiTcuit Court and recorded among the public records of Collier
County. Florida.
16
N~c:!ENDA IlEtiJ-
'E ? (Jt.,
2. If the owner believes that the expense certified by the Housing Official for correcting t, e ~ p ( 8' 2008
h.zardous condition is excessive, he may appeallhe .mounl assessed by filing a written nolice of appe.l.!'ll ~,i---,.~~~
with the County Manager. with a copy to the Housing Official. within ten (10) working days after the
notice of assessment. The owner may then appear before the Board and present facts supporting his
position. Thereafter. the decision of the Board shall be final.
3. The Property Appraiser shall keep complete records relating to the amount payable for
liens. above described. and the amount of such lien shan be included in tax statements thereafter
submitted to the owners oflands subject to such liens.
SECTION FOURTEEN: NOTICE FOR THE VACATION OF HAZARDOUS BUILDINGS
If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril
to life and health, the Code Enforcement Board or Special Master may order the building to be vacated.
SECTION FIFTEEN: RESPONSIBILITY FOR PROPERTY MAINTENANCE
Every owner of real property within unincorporated Collier County is required to maintain such
property in a manner so as not to violate the provisions of this Ordinance, and such owner remains liable
for violations thereofregardless of any contract or agreement with any third party regarding such
property .
SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRlICTURE. VACANT BUILDINGS. VACANT STRUCTURES. AND
VACANT OR UNIMPROVED LOTS
All owners of nonresidential structures. vacant buildings. vacant structures and vacant or unimproved lots
~hall comply with the following requirements:
I. Nonresidential Structures:
a. All nonresidential structures shall be watertight, weather.tight, insect~proDf, and in good
repair.
b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight and
rodent-proof. shan adequately support the building at all times, and shall be in a workmanlike
state of maintenance and repair.
c. Every interior partition, wall. floor and ceiling shall be reasonably tight and maintained in
a workmanlike state of repair and in a clean and sanitary condition.
d. All rainwater shaH be drained and conveyed from every roof, and the lot shall be graded
and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure.
e. Every window. exterior door shall be reasonably weather-tight, watertight, and rodent-
pr~ofand shall be maintained in sound condition and repair. and secured with proper hardware.
f. Every inside and outside stairway. every porch and every appurtenance thereto shall be
constructed to be safe to use and capable of supporting the load that normal use may cause to be
placed thereon. and it shall be maintained in sound condition and repair.
g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and
maintained in sanitary working condition. free from defect, leaks, and obstruction.
h. Every toilet, restroom and bathroom floor shal1 he constructed and maintained so as to be
reasonably impervious to water. and such floors shall be kept in a clean and sanitary condition.
17
AGENDA ITEM -
No iD{;;
i. Every supplied facility. piece of equipment or utility which is required under this cha er SEP ,< :f!lnq
l-'93"~ C+tl...
',- -~~...o..: - . -"_.._- ~
shall be so constructed and installed that it will function safely, and effectively, and shall be
maintained in good working condition.
J. All exterior surfaces shall he protected from decay by painting or other protective
covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be
required to be treated, repainted. or both. All siding shall be weather-resistant and watertight.
k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or
nonresidential property in view of the general public.
1. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non.
vehicular light sources that shine into the eyes of drivers of vehicles or pedestrian which could
impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises
or sidewalk and shall not create an adverse affect on adjacent properties.
m. Landscaping maintenance. Where landscaping plans have been specifically incorporated
and approved in a development plan, the landscape areas shall be maintained in a manner equal to
the original landscaping approval.
n. Accessory structures. Garages, storage buildings and all other accessory structures shall
be maintained in good repair and sound structural condition. Structure!>, attached or unattached to
the principal structure, which are found by the building official to be structurally deficient, shall
be repaired or demolished within the timeframe set by the notice of such condition. Maintenance
of accessory structures shall comply with the fonowing:
(1) The exterior of the building and premises to include but not limited to parking
areas and landscaping areas shall be maintained in a sound, clean and neat condition.
(2) Signs shall be maintained in good condition. Where the sign structure remains, the
sign faces are to be replaced with black panels (permit required). The design and color is
subject to approval by the Building Department under the applicable development
regulations.
(3) All advertising structures, awnings and accompanying supporting members shall be
maintained in good repair and shall not constitute a nuisance or safety hazard.
Advertising structures or awnings not properly maintained in accordance with this
subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar
material shall not show evidence of tearing, ripping or holes. Upon removal of
advertising structure or awning, all supporting members shall be removed. Where
supporting members have been left from sign removal prior to adoption of this article,
such supporting member shall be removed within three months of the effective date of
this ordinance. Nothing in this subsection shall be construed to authorize any
encroachments on streets, sidewalks or other parts of the public right-of-way.
(4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be
accomplished by installation of parking bumpers pinned to the pavement.
2. Structures and Unimoroved Lots:
a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in
clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying
landscaping must be replaced and maintained. Uneven or damaged surfaces with or without
holes must be repaired.
b. Exterior premises shall be kept free from the excessive growth of weeds, grass and other
tlora.
18
NAO.GEN~"AITC"J' ,
c. Every owner ofa building, structure or Jot, previously improved or occupied, shall gra f~ ~IVI
and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon. '" ,,' " ,
SEP D c, 2_00".
except for permitted stonn water management detention/retention purposes. q
d. Unauthorized motor vehicles are prohibited from parking on or driving across any l Pg =? ~~.f-- _~
----~...-.::...~...:~
portions of a vacant lot, ex.cept for areas designated and approved by the County.
e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary
conditions or constitute a public nuisance.
f. Every owner of a building, structure or lot shall keep the premises reasonably free from
rodents. insects and venn in.
g. The roof of every building or structure shan be well drained of rainwater.
h. All exterior surfaces shall be properly maintained and protected from the elements by
paint or other approved protective coating applied in a workmanlike fashion.
i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for
removing any unauthorized obsolete. non-complying or any deteriorated signs, posters and
graffiti from the building's exterior.
j. All signs must be maintained and comply with the provisions of the Land Development
Code. Should a wall sib'll be removed, the wall surface must be painted in a workmanlike fashion
in the same color as the adjacent exterior walls of the building to remove any shadowing created
hy the removed sign.
k. All materials used to board or secure a vacant building against entry shall be painted in a
workmanlike fashion in the same color as the adjacent exterior walls of the building.
I. Every owner of a building or structure that is vacant and unsecured shall secure and
maintain in secure condition all entrances and all other openings of such building or structure
including, but not limited to, windows and doorways.
m. Whenever any ground floor window of a vacant commercial storefront is found to be
shattered, cracked, missing or broken. the owner of such building shall repair or replace the
window.
n. All non-residential and commercial properties must provide parking facilities in
accordance with the Conier County Land Development Code and shall be treated with a
stabilized surface. Such facilities must be maintained in good condition and repairs to the parking
surfaces must be made with like material. Parking shall be limited to designated areas (striped
parking spaces) and said areas must be clearly marked. At no time should the rights-of-way be
utilized for storage or parking of customer, employee or company vehicles parking, nor shall any
item(s) be placed, abandoned or allowed to remain in any right-of-way.
SECTlOi'l SEVENTEEN: CERTIFICATE REOUlRED FOR BOARDIi'lG BUILDING
l. A certificate of boarding is required for all buildings that are boarded. The fee for
certificate of boarding shall be set by resolution of the Board of County Commissioners.
2. No person shall erect, install, place, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwise secure such openings by a means other than the
conventional method used in the original construction and design of the building or structure without first
applying for and, within 30 days of application. completing all of the steps necessary for the issuance of a
boarding certificate. and thereafter having a valid and current boarding certificate issued by the county.
3. The Code Enforcement Department shall issue a boarding certificate upon the submission
of a written application by the owner of the property or his authorized representative or contractor; upon
19
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Invesllg.lor. that the boardmg or other melhod ofsecunng the bUlldmg or structure b.s been done1!r'-- - "-,~_..~ ~
compliance with this ordinance.
4. The boarding certificate issued pursuant to this section shall authorize the boarding or
other securing of a building or structure for a period of no greater than six months from the date of the
issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director Of designee
after the initial six-month period for an additional six months. A property owner or his representative or
contractor seeking renewal of the boarding certificate must file written request for renewal with the Code
Enforcement Department no later than ten business days prior to the expiration of the original certificate,
The issuance of a renewal boarding certificate shall be subject to all of the following conditions:
a. The boarding or other method of securing the building or structure has been done
in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator after
inspection of the building or structure by the investigator.
b. The owner or hls authorized representative or contractor has submitted to Code
Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for
c'orrection, repair, or rehabilitation of violations of state or local building and housing standards
and for the securing of the doors, windows, and other openings by the conventional method used
in the original construction and design of the building or structure or, alternatively, a detailed plan
for sale of the property to another person or entity with provision in the sale of correction, repair,
or rehabilitation
c. The owner or his authorized representative or contractor has submitted to Code
Enforcement, prior to the hearing, a time line for applying for aJl appropriate permits for such
work and for completing such work prior to the expiration of the renewal certificate or.
alternatively, a time line for the sale of the property
d. The renewal certificate may be revoked by the Code Enforcement Board or
Special Master if the owner fails to comply with the plan for such work or fails to adhere to the
submitted time line. Notice of hearing for the revocation of a renewal certificate shall be done in
accordance with this Ordinance.
5. A boarding certificate may not be extended beyond the renewal period except upon
demonstration that good cause for the renewal exists. Good cause shall require a showing by the owner
that the certificate renewal is made necessary by conditions or events beyond the owner's control, such as
inability to obtain linancing for repair or rehabilitation, unanticipated delays in construction or
rehabilitation, or unanticipated damage to the property. ]n addition, where appropriate, good cause shall
also require a showing by the owner that the owner has exercised reasonable and due diligence in
attempting to complete the needed correction, repair, or rehabilitation, or is attempting to sell ihe
property. ~fthe Code Enforcement Board or Special Master determines that there exists good cause to
renew the certificate, the certificate may be renewed by the Code Enforcement Board or the Special
Master for a period of up to, but not more than. an additional six months, subject to all of the same
conditions imposed on the original renewal certificate.
6. No occupied building sha1l be permitted to be boarded for a period greater than 60 days.
SECTION EIGHTEEN:
NUISANCES SPECIFIEO
It is declared unlawful and a public nuisance for any ov.rner of any property in the County to
allow any vacant and unoccupied building that has doors. windows, or other openings broken or missing,
allowing access to the interior, on his property which is not secured in compliance with this Ordinance.
20
SECTION NINETEEN:
N~E:I?rEU_~~j
1. Compliance with county specifications. The boarding of the doors, windows, Of her .}..:I" m~
openings ofany building or structure, or .ny rne.ns of securing such openings, olher th.n by the I pg~~~~.c l>~.~
conventional method used in the original construction and design of the building or structure. shall
comply with the specifications as required by this Ordinance.
2. Additional requiremel11.'i. In connection with the boarding of the doors, windows. Of
other openings of any building or structure. or any means of securing such openings. other than by the
conventional method used in the original construction and design of the building or structure, the owner
shall also comply with all of the following requirements:
a. All electrical service to the building or structure shall be shut off for safety
precautions. Compliance with this subsection may be waived in writing by the Building Official
or designee as to the electric utility service if electricity is needed to power exterior security
lighting, an alarm system, or equipment to be used in connection with the rehabilitation of the
building or structure for which there is an active and current building permit.
b. The sewer shall be capped in a manner approved by the County so as to prevent
the accumulation of methane gas in the building or structure.
c. The interior of the building or structure shall be cleaned of all trash, junk,
garbage, debris, and solid waste, and personal possessions shall be removed from the interior of
the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to
firefighting equipment or personnel in the event of a fire.
STANDARDS FOR SECURING BUILDING
SECTION TWENTY: EXCEPTIONS TO BOARDING REOUlREMENTS
A boarding certificate shall not be required in the following circumstances:
1. Temporary emergency situations, including, but not limited to, an activation of a Local,
State or Federal response plan, hurricane preparation and damage caused by local weather.
2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to
an order rendered by the CEB.
3. County-initiated boarding and securing.
SECTION TWENTY-ONE: COSTS INCURRED BY COUNTY: ASSESSMENT OF LIEN
All costs incurred by the County for actions taken by the County to cure violations of this Ordinance shall
be charged and billed to the person in violation of this Ordinance. Unless payment is made within 30
days of such billing, the Board of County Commissioners may, by the adoption of a resolution levying
such charges and administrative fees, assess against the property a lien in the amount of the charges
outstanding. Assessment liens levied in this manner shan be filed with the Clerk of Courts and in the
public records of the County as a lien against the property and shall he prior in dignity to all other liens
against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal rate
and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed.
SECTION TWENTY-TWO: NOTICE OF HEARING FOR REVOCA TON OF BOARDING
RENEWAL CERTIFICATE
1. The Secretary to the Code Enforcement Board or Special Master shall send out a Notice
of Hearing to the owner or his authorized representative by either certified mail, return receipt requested,
hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized asd
21
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provided by the Ordmance establlshmg the Code Enforcement Board or Spectal Master, as approp ate. .3 " ~Od\<
The Seerelary to the Bo.rd sh.n provide Nollee to the owner as herem proVlded.t leastten (10) d.\..Pg~ _."1 ~f.-- Ie
- ~
prior to the hearing at which the revocation consideration wil1 be presented. A copy of said Notice shall -----
he sent to the supervisor of the Code Enforcement Investigator involved, the Code Enforcement
Investigator involved and if applicable, the attorney for the Board.
2. The Notice of Hearing shall inform the property owner that he or she is permitted to
provide an evidentiary packet of information to the Secretary to the Code Enforcement Board or Special
Master for distribution prior to the Hearing. In order to have the information provided to the reviewing
body prior to the Hearing, the property owner should submit fifteen (15) copies of his or her information
to the Secretary to the Board five (5) days prior to the scheduled hearing. The Secretary to the Board
shall distribute the evidentiary packet to the reviewing body, If the Code Enforcement Investigator
intends to provide an evidentiary packet prior to the Hearing. the evidentiary packet must be delivered to
the property owner along with the Notice of Hearing, The Secretary to the Board shall not deliver his or
her evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or
until the deadline by which the owner's packet of information must be received by the Secretary has
passed, fr the owner timely delivers his or her evidentiary packet, the Secretary to the Board shall deliver
all preliminary evidentiary packets together.
SECTION TWENTY -THREE: REPEAL OF COLLIER COllNTY ORDINANCE NO. 76-70:
ORDINANCE NO. 89-06: ORDINANCE NO. 96-76: AND
ORDINANCE NO. 99-58.
Collier County Ordinance No, 76.70 relating to Dangerous or Hazardous Buildings; Ordinance No. 89-06
relating to Minimum Housing Standards and Ordinance Numbers 96.76 and 99-58 relating to Rental
Dwelling Unit Registration Requirements are hereby repealed in their entirety and superceded by this
Ordinance.
SECTION TWENTY-FOllR: PENALTIES.
If any person, firm or corporation, whether public or private, or other entity fails or refuses to
obey or comply with or violates any of the provisions of this Ordinance. such person. firm. corporation or
other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a
fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in
the county jail, or both, in the discretion of the Court. Each violation or non~compliance shall be
considered a separate and distinct offense. Further. each day of continued violation or non.compliance
shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-
compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for
injunctive relief or an action at law for damages. Further. nothing in this Section shall be construed to
prohibit the County from prosecuting any violation of this Ordinance by means ofa Code Enforcement
Board or Special Master established pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth in this
Section to the full extent allowed by law.
22
AGENDA ITEi\: .
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SECTION TWENTY-FIVE: LIBERAL CONSTRUCTION.
This Ordinance shall be liberally construed to effectuate its public purpose.
SECTION TWENTY-SIX: INCLUSION IN THE CODE OF LAWS AND ORDINAN
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to
accomplish such, and the words "code" or "ordinance" may be changed to "section", "article", or any
other appropriate word.
SECTION TWENTY-SEVEN:
CONFLICT AND SEVERABILITY_
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of 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 TWENTY-EIGHT:
EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND nUL Y ADOPTED by the Board of County Commissioners of Collier County,
,2004.
BOARD 0 OUNTY C~M ISSIONERS
CaLL UNTY, FLO A
BY: ~ ~
DONNA FIALA, Chairman
'<, ;,.',",
-';i.""',
~(J. ~ ~<;\.,-,-,
lenni er A. Belp
Assistant County Attorney
23
Thl. ordinance filed with the
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and acknowledgemen f that
fjfj r. ~.ived this day
of
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STATE OF FLORIDA)
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COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2004-58
Which was adopted by the Board of County Commissioners
on the 21st day of September 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of September, 2004.
,..~:iEi:'; .
DWIGHT E. BROCK~':i.'.,...... '("
Clerk of cou:r:~/~"'r"lerk:- ,
.~. ':S '~ .v.-
Ex-officio tr:-.,:,o_.~ 0'=1 \i~
County Comm~!l~).:ofi!!=r&...,~; ~ : == :
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By: Linda A. Houtzer""'"
Deputy Clerk
N~GE'l~~ J
AN ORDINANCE WHICH REGULATES AND CO OLS SEP '1'- "'1";
LITTER, WEEDS. AND EXOTICS WITHIN E ~u -:1."
~~N~:gRAT:gRPO~~EA A~~ C~~; COTI , "'-c.:~C~~?-
APPLICABILITY, DEFINITIONS, DECLARATION OF LITTER ~--
TO BE A PUBLIC NUISANCE AND TO BE UNLAWFUL,
PROHIBITING THE UNAUTHORIZED ACCUMULATION OF
LITTER; DECLARING DUMPING OR DEPOSITING OF
ABANDONED PROPERTY AS PROHIBITED; REGULATIl'jC ",~
THE STORAGE OF LITTER (AND CHANGES RELATED 'ft!- .-:'
CONSTRUCTION SITE CONTAINMENT OF LITTER): ri -n
REGULATING WASTE MATERIALS MANAGEMENT (ANIT :-;
CONTAINMENT PIT AREAS TO CONFORM TO DEI'. ,:;>
STANDARDS); DECLARING WEEDS AND EXOTICS TO BE',A.;. p ,'n
PUBLIC NUISANCE (AND REGULATING THE CONTROL 01':" ""J
WEEDS AND EXOTICS), PROVIDING FOR EXEMPTIONS1-" ,'" ,-
PROVIDING FOR (THE ABATEMENT OF NUISANCES ANij);'c '.'
NOTICE OF VIOLATION FOR THE ABATEMENT OF THE-"; .-'
PUBLIC NUISANCE; PROVIDING FOR ASSESSMENT FOR
THE ABATEMENT OF NUISANCES; PROVIDING FOR RIGHT
TO HEARING ON THE DECLARATION AND ASSESSMENT OF
A PUBLIC NUlSANCE; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR IMMEDIATE CORRECTIVE
ACTION; PROVIDING FOR PROCEDURES FOR AND EFFECT
OF MAILED NOTICES, PROVIDING FOR A MANDATORY
LOT MOWING PROGRAM, PROVIDING FOR PENALTIES:
PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 99-51.
2000-51, AND 2001-21; PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION IN ARTICLE
VI. SECTION 54, THE CODE OF LAWS AND ORDINANCES,
AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2005-....1.4
WHEREAS. Chapter 125. Florida Statutes, establishes the right and power of counties to provide
for tbe health, welfare and safety of existing and future residents of the County by enacting and
enforcement zoning regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners has detennined that land which is allowed to
become overgrown with weeds, grass. exotics or similar growth on land on which abandoned properties'
or trash is allowed to accumulate is detrimental to the health, safety and welfare of the citizens of Collier
County as harborage for vermin. rodents and other disease vectors; and
WHEREAS, the Board of County Commissioners has determined that unimproved property,
which is in close proximity to urban areas, is distinguishable from improved property, because it
generally lacks management of vegetative growth; and
WHEREAS, the Board of County Commissioners has determined that certain exotic species.
botb fauna and flora, grow rapidly and uncontrollably and may drastically change the ecological character
of the unimproved property. which is in close proximity to urban areas, if unsupervised or unmanaged;
aod
WHEREAS, Board of County Commissioners has detcmUned that an annual public notice will
enhance public awareness of the requirements imposed by these regulations, and a mandatory County lot
mowing procedure for repeat violations be estnblished that will include a retainer account to ensure
payment of contracted services and lessen the burden of the County taxpayers; and
WHEREAS, the Board of County Commissioners has determined that pursuant to existing case
law. easements, alleys. canals and rights-of-way dedicated to the County on plats create easement
interests in favor of the County, unless the plat expressly states another interest is conveycd; and
P.ge 1 of 16
WHEREAS, the Board of County Commissioners has also detennined that pursu
case law, the holder of the fee simple property is responsible for the maintenance of
easement area unless:
1. The County has expressly assumed this maintenance obligation;
2. The County has voluntarily assumed the obligation by performing maintenance pursuant
to tbe standard set forth by case law; or
3. Other methods established by case law; and
WHEREAS, the Board of County Commissioners has determined that the provision for
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containment areas on large residential lots would provide an economic benefit to the community at large
and if managed inappropriately would create a negative impact on the environment; and
WHEREAS. the Board of County Commissioners has determined that construction site waste
wben inadequately contained would create a negative impact on surrounding property.
NOW, TIlEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA thBt:
SECTION ONE: purpose Bnd Intent
The code is hereby considered to be remedial and shall be construed and interpreted to secure the
public safety, health and general welfare through clean and sanitary property. free from wind-blown
debris and materials.
1. The accumulation of Litter and Abandoned Property on public and private property
constitutes a hazard and is detrimental to the health, safety and welfare of the citizens of Collier County.
2, The accumulation of weeds, grass, or Exotics or similar growth on, or In close proximity
to, residentially. commercially, or industriaJly~zoned land is detrimental to the health, safety. and welfare
of the citizens of Collier County.
SECTION TWO: Title
This Ordinance shall be known and may be cited as the "Collier County Litter, Weed and Exotics
Control Ordinance".
SECTION THREE: Applicability
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County.
SECTION FOUR: Definitions
When used in this Code, the following words. phrases, or terms shall have the following
meanings, unless the content clearly indicates otherwise:
I. ABANDONED PROPERTY - any wrecked. inoperative, derelict. or partially dismantled
property having little, if any, value other than nominal salvage value, which has been left unattended and
unprotected from the elements, which shall include, but not be limited to, motor vehicles, trailers. boats,
machinery, appliances such as refrigerators and washing machines, plumbing fixtures, furniture, and any
other similar articles.
2. ABATE _ to mow a Mowable Lot to a height of less than six (6) inches, or to remove
Exotic Plants to a height of equal to surrounding natural elevation and poison any stumps, if remaining.
with an EPA approved herbicide containing a visual tracer dye; or to remove Litter; or to remove
Abandoned Property, in accordance with this Ordinance. Mulching of Exotic Plants is allowed as long as
the mulching occurs in an Enclosed Container. and is removed from the site.
3. CONSTRUCTION & DEMOLITION DEBRIS - means disearded maleri.ls generally
considered to be not water soluble and non-hazardous in nature. including but not limited to steel, glass,
brick.. concrete, asphalt material, pipe, gypsum wallboard, and lumber. from the constroction or
destruction of a structure as part of a construction or demolition project or from the renovation of a
structure, including sucb debris from constrUction of structures at a site remote from the construction or
Page 2 of 16
.' . .' . AGENQi).,jTEi\;\~ ;
demolition project Site. The term mcludes rocks. salls, tree remainS, trees, and other vegetatlv maNu. l UL J
which nannally results from land clearing or land development operations for a construction ro.~ect$EP 0 L'.' .
clean cardboard, paper, plastic, wood, and metal scraps from. eomtroetion project; effective ]a uar: I, Lt' U 2008 b
1997, except as provided in Section 403.707(I2)(j), F.S., unp.tnled, non-tre.ted wood sera lflil",," ___~..!f~
-==..,._~
facilities manufacturing materials used for construction of stn!ctures or their components and unpainted,
non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where
generated and the generator of such wood scraps or pallets implements reasonable practices of the
generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de
minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects,
provided such amounts are consistent with best management practices of the construction and demolition
industries. Mixing of constrUction and demolition debris with other types of solid waste will cause it to be
classified as other than construction and demolition debris.
4. EXOTICS or EXOTIC PLANTS - Australian pine (Casuarina. all species). Melaleucn
(all species), Brazilian pepper (Schinus terebinthifo1i~s). downy rose myrtle (Rhodomvrtus tomentosus)
earIeaf acacia (Acacia auriculifomUs), Java plum (Svzvlrium cnrninj), Woman's tongue (Albizia lebbeck),
catclaw mimose (Mimosa ni2fa), and any prohibited exotic species that may be added to County
Ordinance No. 04-41, as amended. (Section 3.05.08, Collier County Land Development Code).
5. ENCLOSED CONTAINER - any container having a physical strocture which prevents
materials from falling out, spilling. blowing out by wind action. or coming out by other accidental means
during transport or on~site storage, and shall include. but not be limited to, garbage cans, truck bodies
capable of being enclosed for transit purposes only. r01l..off containers, and any other container sufficient
to prevent the accidental scattering or leaking of said materials on surrounding properties and on public
roads. A dumpster enclosure is not an enclosed container.
6. IMPROVED PROPERTY - real property that contains buildings. streets (or paved areas)
or other structural improvements.
7. INERT WASTE MATERIALS - brick, block, concrete, rock, stone, earth and sand, free
from contamination or other types of waste. free from protruding rebar and/or other metals. and capable
of serving as fill material without hann la, or pollution of. ground or surface waters
8. UTTER _ any discarded. used. or unconsumed substances or waste-so Litter shall
include. but shall not be limited to. garbage, trash, refuse, debris. paper product (including newspapers
and magazines), glass, metal, plastic or other containers. cloth, wood and wood products, sweepings.
liquids (other than uncontaminated water). sludge, grass clippings. tree limbs, trunks and roots,
undergrowth and materials produced by clearing and grubbing and other horticulture wastes~ motor
vehicle parts and tires. furniture, oil or grease, bazardous wastes (including gasoline. paint thinners and
other similar types), the carcass of a dead animal. any obnoxious or offensive matter of any kind, any
object likely to injure any person or create a traffic or pedestrian hazard. or any other condition of any
unsightly nature, which may have been discarded, abandoned or otherwise disposed of improperly.
9. MOWABLELOT-
a. Any portion, piece. division. or parcel of land in any Recorded or Unrecorded
Subdivision of this County, of which fifty percent (50%) or more of unimproved
property. can be mowed with bushhog~type or smaller mowing equipment. without
damage to the lot or equipment. For purposes of determining lot size, rights-of-way,
alleys. and all easements shall be included in the calculation of the Mowable Lot; or
b. Any portion of Improved PropertY. which can be mowed with bushhog-type. or
smaller. mowing equipment without damage to the lot or equipment.
10. PROHIBITED ACCUMULATION OF EXOTICS- any accumulation of Ex.otics. which
is located on improved or unimproved property.
P.ge 3 of 16
AGENiJA iTb; fJ'-
No._~~-'-- '-'
11. RECORDED SUBDIVISION - Land subdivided into three (3 or more lots, p.rcels,
sites. units. or any other division of land for which a plat has been filed with Cl rk of <ShR oft~JJi~lnp
County. ] ~!i~-1~.o5.~~
12. RECEPTACLE - A container made of material that will Pi LCl.:l lne property and
environment from leakage. spillage and overflow of any type of litter, waste, or debris. A dumpster
enclosure is not a receptacle.
13. STORAGE OF LITTER - the interim containment of Litter in a manner approved by the
Board of County Commissioners, after generation of such Litter and prior to proper and final disposal.
14. UNAUTHORIZED ACCUMULATION OF UTTER - the accumulation of Litter in or
upon any public or private property or body of water, which is not contained within proper containers or
receptacle provided for control of Litter. or is not otherwise pennitted or authorized, by any other Collier
County Ordinance. This term shall not include building materials used in construction or repair of a
building or structure which materials are properly stored at the site of such activity, so long as:
a. the subject building is being constructed, remodeled, repaired, or demolished
under the authority of an active, valid Collier Counry building permit and for which the
materials are to be used; and
b. the building materials are secured during construction, remodel. repair, or
building demolition, to prevent the material from faIling out, spilling, blowing out by wind
action, or coming out by other accidental means so that it trespasses on adjacent propenies,
or creates a negative visual impact to surrounding properties.
Unauthorized accumulation of Litter shall also include, but not be limited to. the accumulation or storage
of Litter or containerized Litter or Abandoned Property adjacent to public right-of-way if such materials
are placed upon a right-of-way earlier than six (6) p.m. of the night prior to the regularly scheduled
pickup for that location by the County solid waste coIlection contractor, or allowing said accumulation, or
container to remain adjacent to the public right-of-way after silt (6) p.m. of the day of the scheduled
pickup.
15.
UNLA WFUL ACCUMULATION OF WEEDS, GRASS OR SIMILAR NON-
PROTEcrED OVERGROWTH - any accumulation of weeds, grass or similar non-protected
overgrowth if any part of such accumulation is in excess of eighteen (18) inches in height and located on
a Mowable Lot. in any Recorded or Unrecorded subdivision of Collier County.
16. UNRECORDED SUBDIVISION - any land which for the purpose of sale or transfer has
been subdivided for the purpose of sale or transfer, prior to the enactment of Ordinance 76-6, as amended.
or any other division of land for which a plat has not been filed with the Clerk of Courts of Collier
County.
17. WRlITEN CORRECTIVE NOTICE- a written statement issued to the violator or
hislher agent identifying and which states the violation, date of the violation, location of the violation, the
corrective measures required to be taken, and the date by which the corrective measures are to be
completed.
SECTION FIVE:
Litter Declared to be A Public Nuisance
The Unauthorized Accumulation of Litter or improper Storage of Litter or improper dumping of
Abandoned Property or Litter as described in Sections Six, Seven. Eight, Nine, or Ten. in or upon public
or private property, is hereby declared to be a public nuisance.
SECTION SIX: Unl.wfullo Utter
It shall be unlawful for any person to throw. discard, place, drop, or deposit Litter in any manner
or amount in or upon any public property. private property. highway, street. right~of-way or body of water
within the unincorporated areas of Collier County, Florida, except in such areas and Enclosed Containers
Page 4 of 16
AGEN.'DA'.IT E&i-.J'.
No. L e, 'C..,
re Lit~,.ih
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pg~~, ~~_ b .
specifically provided aJ'Id appropriately designated for the disposal of Litter. In any case w
ejected or discarded from a motor vehicle, except at approved and permitted disposal sites, th
the motor vehicle shall be deemed in violation of this Ordinance.
SECTION SEVEN, Unauthorized Accumulation of Litter
Any Unauthorized Accumulation of Litter in or upon any property, vacant or improved, or on or
upon any public street, alley or other public or private place is a violation of this Ordinance. Any
property owner, tenant, occupant, agent. manager, or other person who owns, maintains, or controls
private property, whether improved or unimproved, is hereby declared to be in violation of this Ordinance
where any such Unauthorized Accumulation of Litter is maintained or is allowed to remain on such
property.
SECTION EIGHT, Dumping or Depositing of Ahandoned Property Prohihited.
It shall be unlawful for any person to engage in or permit the dumping, storing, placing, or
depositing of Abandoned Property on any public or private real property, street, or highway. However,
Abandoned Property kept in a completely enclosed building or a business enterprise, which is lawfully
licensed and zoned for receipt and storage of Abandoned Property, shaU be an exception to this provision.
If Abandoned Property is kept or stored in connection with a lawfully licensed business enterprise, all
Abandoned Property shall be screened so that it is not visible from any public right(s)-of~WllY or from any
property used for residential purposes. It shall be unlawful to engage in or pennit the dumping, storing,
placing, or depositing of Abandoned Property in any residential area, unless such Abandoned Property is
kept in a completely enclosed building.
SECTION NINE: Storage of Litter
1. All commercial establishments shall store Litter in containers so as to eliminate wind-
driven debris and Litter in or about their establishments. The number and size of containers necessary for
each commercial establishment shall be that number required to maintain clean, neat, and sanitary
premises. Spillage and overflow around containers regardless of whether located within an enclosure,
win constitute an Unlawful Accumulation of Litter and must be immediately cleaned up as it occurs.
2. All loading and unloading zones at commercial establishments shall be provided with
Litter receptacles by the owner of the business to store Litter.
3. Each person owning or operating any establishment open to the public shall provide
receptacles adequate to contain Litter generated from such establishment.
4. Any and every person in possession, or in charge or in control of any place, public or
private where Litter is accumulated or generated, at all times shaU provide and maintain adequat~ and
suitable receptacles and/or containers capable of holding such materials, until proper final disposal is
accomplished.
5. AU construction and demolition contractors, whether owners or agents, shall provide on-
site receptacles for Litter sufficient to prevent wind-driven scattering of such materials if the materials are
otherwise not properly disposed of on a daily basis. Receptacles placed or erected on construction sites
are limited to the deposit of constroction and demolition debris. Food, drink and food wrappers must be
removed from the construction site daily. Spillage and overflow around containers or secured building
material shall constitute an Unlawful Accumulation of Litter and shall be immediately cleaned up as it
occurs.
a. Should a violation of Paragraph 5 of this section occur, the construction/demolition
contractor, whether owner or agent, will be required to secure a roll-off container with cover, for
containment of Construction Debris on the site with collection scheduled necessary to prevent
spillage and overflow around the containers.
P.ge 5 of 16
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61
SECTION TEN: Waste Moteriols Monogement .'
I. Inert Waste Materials may be buried on a site after a valid building pe~~..s.ite_
has been obtained and posted and provided that such disposal is in conformance with federal, state, and
local laws and regulations. Inert Waste Materials. which have not been properly buried or disposed of,
will be deemed as Litter. On-site containment of downed trees and other vegetative growth shall be
pennitted on residentially-zoned lots exceeding one (1) acre in size and in the Estates zoned areus and
only for vegetative growth whicb has been cut, cleared or removed on the same property of the permitted
construction, providing all of the following conditions are met:
a. A valid building permit for construction of a single family residence on the applicable Jot
has been obtained and is posted before removal and containment of such growth; and
b. The site plan shal! identify the location of the containment area; and
c. The containment area is subject to the foHowing restrictions:
.If -=t-
i. The downed trees and vegetative growth are placed into an ex.cavated earthen
depression which does not exceed three (3) feet in depth from the surrounding
natural elevation and does not cover a horizontal surface area greater than ten
thousand (10,000) square feet; and
ii. All such excavated earthen depressions containing downed trees and vegetative
growth shall not be doser than fifteen (15) feet from the side and rear property lines or
within a public or private easement or right-of-way; and
iii. The nearest point of such excavated earthen depression for containment of on-
site downed trees and vegetative growth shall not be closer than seventy-five (75) feet to
any structure, one hundred (100) feet from private and/or potable wells, and no closer
than one hundred (100) feet to any public or private right-of-way; and
iv. All downed trees and vegetative growth contained in such ex.cavated earthen
depression shall be so contained to prevent the protrusion of any such growth more than
twenty four (24) inches above the surrounding natural elevation including earthen cover;
and
v. All cleared vegetation four (4) inches and less in diameter shall either be
chipped/shredded, or removed from the site. No chipped or shredded material shall be
placed in the containment area. Stumps, root balls, tree trunks and other cleared
vegetation four (4) inches and larger in diameter may be placed in containment areas; and
d. No excavated material shall be removed from the site.
e. Failure to either remove downed trees or downed vegetative growth from resldentiaIly~
zoned lots exceeding one (1) acre in size, or Estates zoned properties, or to properly contain such
material as required by lhis Ordinance, shall result in such downed trees andlor downed
vegetative growth being classified as Litter and thereby subject to property owner, agent, andlor
other responsible parties to any and all penalties provided under this ordinance: and
f. Clearing within wetlands will require a Department of Environmental Protection Permit.
SECTION ELEVEN: Declaration of Public Nuisance
1. The accumulation of weeds, grass, or other similar non-protected overgrowth in excess of
eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located
upon any Mowable Lot. and which lot hIlS been specifically described by legal description and which
condition has been determined by the County Administrator or his designee to be a public nuisance
pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or
inhabited by non-protected rodents, vermin or wild animals. or may furnish a breeding place for
mosquitoes. or threaten or endanger the public health, safety or welfare. or may reasonably be expected to
Page 6 of 16
Ir N~GEI\'D~~--
cause disease, or adversely affect and impair the aesthetic integrity or economic welfare o. adj.c.{!lEi".. O~; ZUOP..J
surrounding property.! Pg ~-.i ~ \::lcf-. b
2. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrOWtn IS--~==-~'
hereby prohibited and declared to be a public nuisance when located upon any unimproved property in
this County. which condition is adjacent to a private or public right-oE-way and is not within a Recorded
or unrecorded Subdivision. However. the requirements for abatement of the public nuisance as described
in Section Thirteen shall only apply to that portion of the property to a depth of twenty (20) feet from the
property line or lines running adjacent and parallel to a private or public rigbt(s)-of-way.
3. The accumulation of Exotics is hereby prohibited and declared to be a public nuisance
when located upon any unimproved property in Collier County when the Exotics are located within a two
hundred (200) foot radius of any improved property located in a Recorded or unrecorded subdivision.
However, the requirements for abatement of the public nuisance as described in Section Thirteen shall
only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200)
foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the
public nuisance as described in Section Thirteen shall only apply when the County received a complaint.
4. The accumulation of Exotics, weeds, grass, or other similar non-protected overgrowth in
excess of eighteen (18) inches in height, is hereby prohibited and declared to be a public nuisance when
such condition is located on any unimproved property in Collier County which is within five hundred
(500) feet of Improved Property when such accumulation has aided any person to conceal or facilitate the
commission of criminal acts against passers-by and the citizens of Collier County and is likely to continue
to aid in the concealment or commission of future criminal acts if such accumulation is not abated. A
repon from the Collier County Sheriff's office identifying such unimproved property, which was
aJJegedly utilized by any person to conceal or facilitate the conunission of criminal acts against passers-by
or the citizens of Collier County shall constitute sufficient evidence. However, the requirements for
abatement of the public nuisance as described in Section Thirteen shall only apply to that portion of the
unimproved property where the accumulation exists within a five hundred (500) foot radius of Improved
Property.
5. Exotic plants located in right(s)-of-way, alley(s), canal(s), and easements(s) on improved
propeny within Recorded or Unrecorded Subdivisions are prohibited and declared to be a public
nuisance.
6. The accumulation of weeds, grass or similar non-protected overgrowth in excess of
eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located
upon any unimproved propeny in the unincorporated Collier County, which is not within a Recorded or
unrecorded Subdivision, when the weeds, grass or similar growth are located within one hundred (100)
feet of the property line or lines of Recorded or unrecorded Subdivision(s).
SECTION TWELVE: Exemptions
1. The area zoned Estates shall be exempt from the weed and Exotic plant public nuisance
declarations provided in Section Eleven.
2. AccumuJations of protected vegetation such as coastal strands, scrub, tropical hammocks,
dune vegetation and property officially declared "protected" by any federal, state or local ordinance (such
as wetlands), are hereby exempted from being considered public nuisance declarations pursuant to
Section Eleven.
3. The lands zoned Agricultural that are located outside of the Urban Boundary as described
in the Collier County Future Land Use Map shall be exempt from the weed and Exotic plant public
nuisance declarations provided in Section Eleven.
P.ge 7 of 16
J N~~~:::t~'.{;'\-I
SEP l' ,~[i8P
4. All lands zoned agricultural that are not being used for an essential se . cf~ ~e_d i~ . Y- '1 . () F b 2
the Collier County Land Development Code andlor a bona fide agricultural use shall be ~-;empt from the ~- - - ~- -.:::-:..- -
weed and Exotic plant public nuisance declarations provided in Section Eleven.
SECTION THIRTEEN: Notice of Violation
1. Annual Published Notice. Annually, the County Manager. or his designee(s) will
publish, or cause to be published, a public Notice, in substantially the following form. which details the
abatement procedures for violations described in section Eleven of tbis Ordinance. This Notice will be
published in a newspaper of general circulation for a minimum of four Sundays beginning with the first
Sunday in January of each year. and on every other Sunday thereafter:
A PUBLIC NOTICE FROM
THE CODE ENFORCEMENT DEPARTMENT OF
COLLIER COUNTY, FLORIDA
NOTICE ABOlIT WEEDS OR GRASSES OVER 18 INCHES IN HEIGHT-ORDINANCE 2005-_
Section Eleven, requires that all owners of developed and undeveloped Jots shaH control all excessive
growth of grasses or weeds over 18 inches by mowing. All lots with such vegetation over 18 inches in
height will be identified by a Code Enforcement Investigator and a Notice of Violation and Order to
Correct may, at the County's option, be mailed to the property owner(s) or posted on the lot If posted, a
copy of this notice will also be posted at the Collier County Courthouse at 3301 Tamiami Trail E., Naples
FL 34112 or the Immokalee Courthouse at 106 III Street S. Immokalee FL, 34142, as applicable.
A posted notice may, at the option of the County, be used in lieu of mailing jndividualleuers to property
owners. After ten (10) days from the date of posing or mailing, if no action is taken, the County will
abate the violation by contracting for the JOI to be mowed by a mowing contractor. A bill will then be
sent to the lot's owner of record for the mowing fees plus an administrative fee of $100.00. Additional
charges can be assessed for oversized Jots or extremely overgrown lots. Repeat violators mny be subject
to additional fees or charges, or after three violations may be included in a mandatory lot mowing
program instituted by the County.
The owner must remit payment for the amounts billed within twenty (20) days from the mailing of the
County's invoice. If the invoiced bill is not paid within this twenty-day period a Oetennination Order
assessing a lien will be imposed by the Special Master. If certified and recorded, this order may
constitute a lien on ALL of the violator's real and personal property in Collier County. This lien may be
paid without further costs, within twenty (20) days from the date of determination by the Special Master
for Collier County. If the lien remains unpaid after one (1) year from the date of the recording of the lien,
Collier County may bring suit to foreclose the Hen as set for in Chapter 173, Florida Statutes.
All property owners are requested tc make arrangements for the proper maintenance of their land as the
practice of sending mailed Notices of Violation lO owners, in particular absentee owners, will beal the
option of the County. The cooperation of all affected property owners will assist in reducing the large
number of complaints about such nuisances received each year by the Code Enforcement Department.
Compliance with this requirement will also help to control vennin and improve the appearance of the
affected areas of the unincorporated County.
Any questions regarding these procedures can be addressed to the Code Enforcement Department. Phone
number (239) 403-2440; located at 2800 North Horseshoe Drive, Naples, FL 34104.
P.ge 8 of 16
AGE~Ii.JA ITEiv'--
No - tl:l Coo...
SEP 2:",'
a. Annual public.tion of this Notice is intended to provide continuing clhnp,~ d .~ll:e tor>{ U
aU affected property owners in Collier County of the procedures for abatement of the specified
violations, and of the consequences of failing to timely abate cited violations.
b. Failure of the County to timely, or fully, publish the Annual Notice will not be a grounds
for challenging any enforcement action brought under this article.
2. Whenever the County Manager or his designee determines that a public nuisance as
described in Sections Five, Eight, Ten and Eleven of this Ordinance, he will cause one or more of the
following forms of notice of violation to be provided to the record owner or owners of said property
informing the owner(s) of said property of the existence of the nuisance and the corresponding
violations(s). The form and manner of the notice provided will be determined by the Director of Code
Enforcement and will depend on the number of vi oJ at ions cited to a particular property owner(s), the
number of frequency of any prior violations at property owned by the violator(s), the timeliness of any
prior abatement(s) of similar violation(s), the existence of other code violations, and of any previously
satisfied, foreclosed, or outstanding code enforcement liens. As a general rule, certified mail, return
receipt requested, should be provided to all first time violators as set forth in the corresponding
procedures below. Posted notices are generally considered appropriate for repeat violations at the same
location or for the same violator(s) especially when there is a pattern of certified mail sent to property
owners who are not Collier County residents being returned unclaimed or being refused.
a. A Notice of Violation may be served on a violator. i.e., the record owner(s) of the cited
property. either by:
i. Certified mail, return receipt requested, notifying the record owner(s) of the cited
violations via a Notice in substantially the following fonn:
Code Enforcement Department
Notice of Violation and Order to Correct
To:
Date:
Ordinance:
Violation/Case No.:
Propeny:
Folio#:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-described
property. As such. you are hereby notified that the Code Enforcement Director. on _[dateJ_
determined that a public nuisance exists on your property pursuant to County Ordinance No. 2005-_.
caused by: _(describe vioIation]_.
You are further notified that you shall abate this nuisance within ten (10) days of the date of this
notice by _(describe how to abatel_. Failing this action on your part, the Board of County
Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE mE NUISANCE
MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY_ The lien shall
include the direct cost plus an administrative fee of up to $200.00 and will be levied as an assessment
against all of the property you own.
Page 9 of 16
I "'U.
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SEP cl: 7008
'! Pg 51 _ b--fb(9...
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR'"-- 'c- ___ .:o~
OWNERSHIP OF THE REFERENCED PROPERTY, EVEN THOUGH YOU ABATE EACH
VIOLATION, YOU MAY BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN
ADMINISTRATIVE FEE.
You may contest this determination of the existence of a public nuisance by applying in writing,
for a hearing before the Special Master within fifteen (15) days from the date of this notice of violation.
Or:
ii. by posting a Notice in a substantially the following form in a clearly visible
location on the cited property. and at the Collier County Courthouse, or Immokalee
Courthouse. The posted Notices must be in substantially tbe following form:
POSTED
CoIJier County Code Enforcement Department
Notice of Violation of Section of Ordinance 2005-_. and Order to Correct
To: [Owner(s) of Record]
Date Posted:
Violation/Case No.
Property [Insert address where violation occurred]
Folio#:
As the official record owner(s) of the above-described property, you are hereby
notified that a public nuisance exists on this property as of [insert date] in the form of:
_[describe violation]_ on the subject property.
You are further notified that you must immediately abate this nuisance within ten
(10) days of the date of posting of this Notice by causing the above.described property to
be: _[ mowed/exotics removed, or otherwise describe how to abate]_. If the violation
is not abated within the time required, the County may act to cause the nuisance to be
ab.ted. FAILURE TO ABATE TInS NUISANCE MAY RESULT IN THE
RECORDING OF A LIEN AGAINST THE LAND ON WlfiCH THE VIOLA nON
EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU
OWN IN COLUER COUNTY. Such Hens may include the County's costs to abate the
violation plus an administtativc fee of up to $200.00, all of which may be levied as an
assessment against your property(s).
You may contest thjs Notice of violation and determination of the existence of a
public nuisance by applying in writing, for a hearing before the Special Master within
fifteen (15) days from the date of posting this notice of violation.
b. If the same violator(s) receives three or more Notices of violation of this Ordinance during
their ownership of any property in Collier County, even though the violations may have been
timely abated, a penalty of Fifty ($50.00) doBars will be charged for each notice received
Chereafter. An administrative fee of One Hundred ($100.00) dollars will also be assessed for each
invoice processed for the payment of said penalty. In addition, all cited property(s), may at (he
discretion of the County Manager or his designee, become subject to the County's mandatory lot
mowing program provisions in Section Nineteen.
Page 10 of 16
NA~FnQEI\(--
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. .... SEP 0:, 2f!UP I
c. If the property owner or hIS agent has not abate~ the Ide~tifi~d nUisance a, ~~~~~atd,~ .,
nolice within len (10) days from the date of the nottce of vlOl.tton, lhe counl~'tlie"-:,c~::'~d h.....
condition and shall. through its employees. servants, agen~~~o~,~coorsf be authorized to enter
upon the property and take such stepS afan;.,~~t~qbin;d to Abate the nuisance.
However. the County Manager. in his discretion may extend the time allowed for taking
corrective action up to 180 days for natural disasters as determined by the State or Federal
government.
SECTION FOURTEEN: Assessment for Abating Nuisance
1. After abatement by the County Of its agent, the cost thereof to the County as to each
parcel shall be calculated and reported to the Collier County Manager or hislher designee. An invoice
shall be mailed to the property owner(s) for the cost of abatement. The invoice shall also include an
administrative fee of One-hundred ($ 1 00.00) dollars per parcel of property.
2. In the event the property owner abates the violation, but has received a total of
three notices of violation for separate violations during the property owners ownership of the
referenced property, the County shall mail an invoice to the property owner including a penalty of
Fifty ($50.00) per parcel, plus an administrative fee of One Hundred ($100.00) dollars for the
repeat violation invoice. Each notice of violation thereafter to the same property owner, shall be
processed in the same manner.
3. H the invoice sent by the County Manager or hislher designee is not paid at the
expiration of the twenty (20) days of the date of the invoice, the Special Master and may impose a
lien against the property. The Special Master, by determination order, shall assess such cost
against such parcel. Said determination order shall:
a. describe the land and show the cost of abatement, and shall include the initial
administrative fee of One-hundred ($100.00) dollars per parcel as mentioned in
paragraph 1 of this section, plus an additional administrative fee of One-
hundred ($100.00) for lien processing, or
b. describe the land and shall include the penalty and initial administrative fee ef
per parcel as mentioned in paragraph 2 of this section.
Such detennination order shall constitute a lien, which shall run with the property until paid. The
detennination order shall also specify that interest shall accrue on the unpaid balance beginning on
the date the resolution is recorded at the rate of twelve (12) percent per annum.
4. A copy of the Resolution approved by the Board of County Commissioners will be
accompanied by a legal notice of assessment of lien substantially in the following fonn:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
<Insen Property Owner's Name and Address>
DATE:
REF. INV.#
FOLIO#
LIEN NUMBER:
LEGAL DESCRIPTION:
Page 11 of 16
NAGc,\I.J'F .~:
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You, as the owner of the property above.describ~d, as recorded in tb, N~~ ~aintained .'"'. f.o 7..-
by tbe office of the Property Appraiser, are bereby adVISed th.t the Code En ~ cl:l.
did on _(date]-, 20-, order the abatement of a certain nuisance existing on the above
property prohibited by Ordinance 2004--, and served a notice of violation upon you. The
nuisance is:
_[describe the nuisancel_
You failed to abate such nuisance, whereupon, it was abated by the expenditure of public
funds at a direct cost of $_0_' and an administrative cost of Two-hundred ($200.00) dollars for a
total of $_,_" [or, You abated the nuisance but failed to pay the $_._ penalty
imposed and caused the County to incur an administrative cost of Two Hundred ($200.00) dollars.
Such cost, by detennination order of a Special Master for Comer County, Florida, will become n
lien on your property within twenty (20) days of detennination by the Special Master when
recorded You may request a hearing before.the Special Master to show cause, if any, why the expenses
and charges incurred by the County under County Ordinance No. 2005- _' are excessive or
unwarranted or why such expenses should not constitute a lien against the property. Said request for
hearing shall be made to the Secretary to the Special Master, Collier County Government Center, 2800
North Horseshoe Drive. Naples, Florida 34104 in writing within ten (10) days from the date of this notice.
FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN
AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
5. After the expiration of one year from the date of the Lien, as provided herein, a suit may
be filed to foreclose said lien. Such foreclosure proceedings shall be instituted, conducted and enforced in
conformity with the procedures for the foreclosure of municipal special assessment liens, as set forth in
Chapter 173, Florida Statutes, which provisions are hereby incorporated herein in their entirety to the
same extent as if such provisions were set for the herein verbatim.
6. The liens for delinquent assessments imposed hereunder shall remain liens, coequal with
the lien for all state, county, district and municipal taxes. superior in dignity to all other filed liens and
claims, until paid as provided herein.
7. After recording of the Lien, the County Manager or his designee may accept partial
payment and recorrunend satisfaction of the Lien to the Board if he/she detennines an error has been
made based upon hislher judgment.
SECTION FIFTEEN: Assessment Right to Hearings on Declaration of Public Nuisance and
Assessment
1. Any property owner receiving the notice of violation pursuant to Section Thirteen may
contest this determination by filing an application for a hearing before the Special Master within fifteen
(15) days from the date affixed on the notice of vlolation, dependent upon the notice and type of
proceeding.
2. Every owner of real property within unincorporated Collier County is required to
maintain such propert)' in a manner so as not to violate the provisions of this ordinance, and such owner
remains liable for violations thereof regardless of any contract or agreement with any third party
regarding such property.
3. If, after said hearing, the Special Master detennines that the assessment is fair,
reasonable, and warranted, the assessment detennination order shall be recorded forthwith. H tbe Special
Master determines that the charges are excessive or unwarranted. it shall direct the County Administrator
to re.compute the charges and the Special Master shall hold a further hearing after notice to the owner
upon the re-computed charges.
Page 12 of 16
N~GE'lt)A &j\~-~'
SECTION SIXTEEN: Enron:ement Procedures SEP 0 p, 200R
Investigators of the Collier County are hereby empowered to issue Written Corr ~cfV ~i~~s ,.9-(. 6+ Z.
and/or notices to appear in County court, or before the Special Master. to any person violating the ~~"".,,./
provisions of this Ordinance. All such notices issued, shall be maintained by the issuing authority for
public inspections. during normal office hours.
Written Corrective Notices issued by Investigators of this ordinance shall state the date observed,
nature of the offense committe.d, corrective measures to be taken and the date on or before which such
corrections shall be made.
Any person who has been served with such notice in accordance with the provisions of this
Ordinance. and who neglects or refuses or fails to fully comply with the corrective notices so ordered
and/or to comply within the time frame so ordered therein, shall be in violation of this Ordinance.
SECTION SEVENTEEN:
Inunediate Corrective Action
In the event the County Manager, or his designee. determines or has reason to believe that a
violation including, but not limited to, accumulation of weeds or litter presents a serious threat to the
public health, safety or welfare of the public or that the violation is of such a nature as to require
inunediate correction, the violator may be required by notice to effectuate immediate corrective measures
upon receipt of the notice. The notice, substantially in the form set forth in Section Thirteen. shall advise
the owner that the County will remedy the hazardous condition as soon as possible. To be effective, the
notice shall be served upon the occupant if the property is occupied or physically posted on the property
and sent by certified maille the owner as his/her name appears on tbe records of the property appraiser.
SECTION EIGHTEEN: Procedures ror and Effect or Mailed Notices
Notices shall be mailed to the violator's address indicated on tbe records of tbe Collier county
Property Appraiser of such lot or parcel of land for ad valorem taxation purposes, whether mailed by
regular U.S. Postal Service upon the person, for the purpose of this article. A property owner is deemed
to have received a mailed notice on the tenth (10~ day after the notice is placed in the United States mail.
Evidence that the proper notice has been mailed is sufficient to demonstrate that tbe notice requirements
of this article have been met, without-regard to whether the property owner actually received sucb notice.
Refusal to accept service of such notices by a property owner or its agent will not defeat this personal
service, nor bar the County from proceeding with enforcement. creating lawful liens, and performing the
necessary abatement under this article. It is the property owner's responsibility to maintain a current
address with the Collier County Property Appraiser's office at all times.
SECTION NINETEEN: Procedures ror M.ndatory Lot Mowing Program
1. Inclusion in Mandatory Lot Mowing Program. If a public nuisance is determined to exist
three or more times after July 15, 2001, on a particular lot or parcel of unimproved property while under
the same ownership, then at the discretion of the County Manager, or his designee, such property will be
placed in the Mandatory Lot Mowing Program, as set forth below.
2. Exemption from lot mowing program. Individual property owners of record whose real
property is included in the County's mandatory lot mowing program. may request an exemption from
inclusion in the program by submitting to the County Manager. or his designee, a signed written
agreement, acceptabJe to the County, covenanting that the property owner will maintain the property so
that the height of any grass, weeds, or otherwise regulated vegetative matter will not constitute a public
nuisance or exceed eighteen inches in height. In addition. the property owner must provide a letter of
credit, contract agreement, escrow agreement, or some other surety with a mowing company that is
acceptable to the County. The surety provided may vary, but must remain in effect throughout the
property owner's ownership of the property(s). The agreement must also include a provision of
P.ge 13 of 16
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understanding by the owner that should belsbe fail to keep lbe contract .greement and nsure Sffilation
to this code exists on the property(s), the agreement approved by the County will b ~~~_~.~~oid. ss- c)..(j ~ Z-
In that event the property owner would be provided written notice that the lot mowing program ex'emtjTI3Tr-~-- --'
would be revoked by a date certain, the property would be placed in the Mandatory Lot Mowing Program.
and not be entitled to any further exemptions so long as owned by the snme property owner(s).
3. Mandatory Lot Mowing Invoice BiUing. The County Manager, or his designee. will mail
an invoice to the owner(s) of property(s) included in the Mandatory Lot Mowing Program. Invoice
billing amounts will include actual costs incurred for mowing. plus an administrative fee. The invoice
will be mailed to the address listed with the Collier County Property Appraiser's Office as the tax roll
address of record. Notice to owner(s) of account balance requirements are accomplished in this Section,
and receipt of the invoice will not defeat this personal service, nor bar the County from proceeding with
enforcement, creating lawful liens. and performing the necessary abatement under this ordinance.
4. Failure to comply with payment of a Mandatory Lot Mowing invoice. as set forth in
Subsection (3) above. wiU constitute a violation to this Ordinance. If, after 30 days of mailing, the
invoice has not been paid, the County Manager, or his designee, will proceed with enforcement
procedures to file a lien. The Legal Notice of Assessment of Lien will be submitted to the Special Master
who shall impose a lien against the property. The Special Master shall assess all applicable costs and fees
against such parcel and all other properties owned by the violator in Collier County. Said action shan: A)
describe the land that has been included in the Mandatory Lot Mowing Program and show the cost of
abatement, which shall include the initial administrative expense of one-hundred ($100) dollars plus one-
hundred ($100) dollars per parcel for lien processing. Such action, when recorded. shall constitute a lien
on all personal and real property located in Collier County, which runs with the owner's real property
until paid. The action will also specify that interest will accrue on the unpaid balance beginning on the
date the resoJution is recorded at the statutory interest rate per annum.
5 Legal Notice of Assessment of Lien. The Legal Notice of Assessment of Lien will
substantially be in the foHowing form:
~
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
TO: _[Insert Property Owner's Name and Address]_
DATE:
REFERENCE INVOICE#:
VIOLATION FOLIO #:
VIOLATION LEGAL DESECRIPTION:
You, as the owner of the property above-described, as recorded in the records maintained by tbe
office of the Property Appraiser, are hereby advised that tbe Code Enforcement Director, did detennine a
public nuisance existed and constituted a violation of county regulation on _' 200_, and ordered the
abatement of certain nuisance existing on the above property prohibited by Ordinance No. 2005-_. and
served a notice of violation upon you. The nuisance is:
_[describe the nuisanccL.
You have failed to timely a.bate such nuisance: whereupon, it was abated by the expenditure of
public ftlDds at a direct cost of $_.00 and an administrative cost of $_.00 for a total of $-.-.
P.ge 14 of 16
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Such costs, by order of the Special Master, will become a lien on your property w . en recShR 0:; (DOH I
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN TIllS NOTICE WILLi~~TJ!l S10 o-\'~'l.
A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. . ..~,
Upon determination order by the Special Master Secretary to the Special Master will inunediately mail a
copy of each approved order and Notice Assessment afLien via regular U.S. mail. H full payment for the
assessed amount, is not made by the property owner within twenty (20) days from the date of signature of
the determination order by the Special Master. then the Secretary to the Special Master will automatically
and without further direction record both the Order and Notice of Assessment of Lien in the public
records of Collier County. Recording said determination order will act to impose a lien on the violator's
property.
6. Limitation on time to contest levy of lien. Any person aggrieved by the action of the
board must commence an action in circuit court within thirty (30) days from the date the order is
rendered. Unless such action is begun within this thirty (30) day period, all objections of that person to
the imposition of the lien wiII be deemed to have been waived.
7. Prepayment and recording of lien. For a period of twenty (20) days after the date of the
order of the Special Master levying the delinquent lot-mowing lien. the lien may be paid without
additional inlerest. Properties. for which payments arc received or postmarked within twenty (20) days
from the date the order is signed, will stay the recording of the lien. If, after expiration of the prepayment
period payment expires and said payment is not received. A certified copy of the order will be recorded in
the office of the Clerk of the Circuit Court in Collier County.
8. Release of Lien. Owners who have paid the delinquent lien in full after the recording of
the lien are entitled to a release and satisfaction of lien from tbe County. The recording oflbe release and
satisfaction of lien and any charges therefore are the responsibility of the property owner.
9. Foreclosure. Liens associated with this Section may be foreclosed in the same manner as
liens for property taxes or special assessments. In the event the County prevails, owners of property(s)
against whom a foreclosure action is conunenced will be liable for all fees, costs and expenses incurred
by the County or its agents, including reasonable anomey's fees, and the same may be assessed as a cost
in the foreclosure action.
10. Validity of liens not affected by irregularities. Any infonnality or irregularity in the
proceedings to impose a lien for delinquent lot mowing fees will not affect the validity of the same after
the order levying the lien has been as adopted, and no deviation from the procedures prescribed above
will affect the validity of the lien unless it can be clearly shown that the party objecting was materially
injured thereby.
II. Alternate methods of collection permitted. Nothing herein prohibits the County from
utilizing other means to collect d~linquent lot mowing fees including, but not limited to, an action for
damages filed in the appropriate court in Collier County, Florida.
SECTION TWENTY: Pen.lties
If any person fails or refuses to obey or comply with or violates any of the provisions of this
ordinance, such person upon an order by the Code Enforcement Board or Special Master may be fined as
authorized by the Ordinances establishing the Enforcement Board and Special Master. Each violation or
non-compliance shall be considered a separate and distinct offense. Further, each day of continued
violation or non-compliance shall be guilty of a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful action
in any court of competent jurisdiction as is. necessary 10 prevent or remedy any violation or non~
compliance. Any person convicted of such offense, shall be guilty of a misdemeanor and shall be
P.ge 15 of 16
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punished by a fine nol to exceed Five Hundred ($500.00) dollars or by imprisonmenl 01_ to e~~~ ~ ,'1"::"6
(60) days in the County jail, or both, in the discretion oflhe Court. t!,~~=c'C=,,:c_,:::;~:-.:7
Further. nothing is this Section shall be construed to prohibit the County from prosecuting any
violation of this Ordinance by means of a Code Enforcement Board, or Special Master. established
pursuant to the authority of Chapter 162. Florida Statutes,
AU remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth in this
Section to the full exlent allowed by law.
SECTION TWENTY-ONE: Repeal of Ordinances
Ordinance Numbers 99-51. 2000-51, and 2001-21 are hereby expressly repealed by the enactment
of this Ordinance.
SECTION TWENTY-TWO: Conniet nnd Severability
In the event this Ordinance conflicts with any ot~r ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or
ponion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaindering portion.
SECTION TWENTY. THREE: Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall become and be made a part of the Code of laws and
Ordinances of Collier County, Florida. The sections of the ordinance may be renumbered or re-lettered to
accomplish such, and Ihe word "ordinance" may be changed to "section", "article", or any other
appropriate word with Ihe Departmenl of State.
SECTION TWENTY -FOUR: Effective Dale
This ordinance shall become effective upon filing with Ihe Department of State.
PASSEI?,*D nUL Y ADOPTED ~y the Board of County Commissioners of Collier County,
Florida, .his 2. day of \ ) ({'I<A,h< (2005,
I
A~: e~Ar'e "
D~dHTBROCK~t~RK
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~Y;, . '~''''~:f.m .he....
Patricilfl". 'M9rg.vd1eputy Clerk
AtUst,IS.tO C.,.,I~n's
.I;~fs IlllAlm'aqd.legal
suffi(:,iency: <oj, .~"
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~rk.Z ~~cL:,
Jennifer . Belpedio \
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY; ~.J! W (~~
FRE W.COYLE,CHAIR N
This ordinance filed wltn t}-."'!
Secretory of ~ Office .L~
",0 day of!;' ~. """"""
IJrld acknowledgement of ~h:)\
fil 19 ce'ved this 4.-'7 dur
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Page 16 of 16
STATE OF FLORIDA)
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COUNTY OF COLLIER)
I, DWIGHT E_ BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Flori~, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2005-44
Which was adopted by the Board of County Commissioners
on the 13th day of September 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2005_
",' ;',
DWIGHT E. BROCK:' ""/"
-,' . 0
Clerk of COUl:,ts i,~Pi Clerk ",
Ex-officio t.o EI'''?!ird'of .'. -::
Coun Y C7iljiMfl.,";{('
'Yc "
Heidi R_ Roc;i~~Ii'~d:""
Deputy Clerk
.;- NoAGENDJ, TY2K;-'
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, SEPI '? 2009
'p 50
Enclosure 2. [-g"~~~<(.,~ b
Conceptual amendments to Ordinance 2004-58, Property Maintenance .,-.;:;:
Ordinance to address the issues related to foreclosures
Definitions
Abandoned real property means any property that is vacant and is under a current Notice
of Default and/or Notice of Mortgagee's Sale by the lender or a pending Tax Assessors
Lien Sale and/or properties that have been the subject of a foreclosure sale where the title
was retained by the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure or sale.
Accessible property means a property that is accessible through a comprised/breached
gate, fence, wall, etc.
Accessible structure means a structure/building that is unsecured and/or breached in such
a way as to allow access to the interior space by unauthorized persons.
Evidence of vacancy means any condition that on its own, or combined with other
conditions present would lead a reasonable person to believe that the property is vacant.
Such conditions may include, but not be limited to, overgrown and/or dead vegetation,
accumulation of abandoned real property, as defined herein, statements by neighbors,
passers-by, delivery agents or government agents, among other evidence that the property
is vacant.
Foreclosure means the process by which a property, placed as security for a real estate
loan, is sold at public sale to satisfy the debt ifthe borrower defaults.
Enforcement officer means any fulltime law enforcement officer, building official,
zoning inspector, code enforcement officer, fire inspector or building inspector employed
within the city.
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Property management company means a local property manager, property maintenance . .:.:.-
company or similar entity responsible for the maintenance of abandoned real property.
Vacant means any building/structure that is not legally occupied.
1. Rel!istration of Abandoned Real ProDertv
(a) Any mortgagee who holds a mortgage on real property located within the
unincorporated area of the county shall perform an inspection of the property that is the
security for the mortgage, upon default by the mortgagor, prior to the issuance of a
Notice of Default. If the property is found to be vacant or shows evidence of vacancy, it
shall be deemed abandoned and the mortgagee shall, within ten (10) days of the
inspection, register the property with the County Manager, or his or her designee, on
forms provided by the County. A registration is required for each vacant property.
(b) If the property is occupied but remains in default, it shall be inspected by the
mortgagee or his designee monthly until (1) the mortgagor or other party remedies the
default, or (2) it is found to be vacant or shows evidence of vacancy at which time it is
deemed abandoned, and the mortgagee shall, within ten (10) days of that inspection,
register the property with the County Manager or his or her designee.
(c) Registration pursuant to this section shall contain the name of the mortgagee,
the direct mailing address of the mortgagee, a direct contact name and telephone number
of mortgagee facsimile number and e-mail address and, in the case of a corporation or
out-of-area mortgagee, the local property management company responsible for the
security and maintenance of the property.
(d) An annual registration fee In the amount of $150.00, per property, shall
accompany the registration formes).
(e) This section shall also apply to properties that have been the subject of a
foreclosure sale where the title was transferred to the beneficiary of a mortgage involved
in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.
(f) Properties subject to this section shall remain under the annual registration
requirement, security and maintenance standards of this section as long as they remain
vacant.
(g) Any person or corporation that has registered a property under this section
must report any change of information contained in the registration within ten (10) days
of the change.
2. Maintenance ReQuirements.
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a) Properties subject to this chapter shall be kept free of overgrown brush, dead
vegetation, trash, junk, debris, building materials, any accumulation of newspapers,
circulars, flyers, notices, except those required by federal, state, or local law, discarded
personal items included, but not limited to, furniture, clothing, large and small
appliances, printed material or any other items that give the appearance that the property
is abandoned.
(b) The property shall be maintained free of graffiti or similar markings by
removal or painting over with an exterior grade paint that matches the color of the
exterior structure.
(c) Front, side, and rear yard landscaping shall be maintained in accordance with
the county's standard at the time registration was required.
(d) Landscape shall include, but not be limited to, grass, ground covers, bushes,
shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed
specifically for residential installation. Landscape shall not include weeds, gravel, broken
concrete, asphalt or similar materiaL
(e) Maintenance shall include, but not be limited to, watering, irrigation, cutting,
and mowing of required landscape and removal of all trimmings.
(f) Pools and spas shall be maintained so the water remains free and clear of
pollutants and debris. Pools and spas shall comply with the enclosure requirements of the
Florida Building Code, as amended from time to time.
(g) Failure of the mortgagee and/or property owner of record to properly maintain
the property may result in a violation of the County Code and issuance of a citation or
Notice of Violation by the Collier County Code Enforcement Department.
3. Security Requirements
(a) Properties subject to this section shall be maintained in a secure manner so as
not to be accessible to unauthorized persons.
(b) A "secure manner" shall include, but not be limited to, the closure and locking
of windows, doors, gates and other openings of such size that may allow a child to access
the interior of the property and/or structure. Broken windows shall be secured by
reglazing or boarding of the window.
(c) If the property is owned by a corporation and/or out of area mortgagee, a local
property management company shall be contracted to perfonn bi-weekly inspections to
verity compliance with the requirements of this section, and any other applicable laws.
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(d) All property must be managed by a local agent of a bank or finance comp~n:i-=':':::;'-
or by a local property management company located in Collier County and holding a
Collier County Business License, The local agent will be named in any legal action taken
by the mortgagee. If no Agent appointed within 30 days of registration, Code
Enforcement may appoint local agent. The local agent:
I) Will prepare a HUD or similar property investigation report.
2) Will conduct mandatory bi-weekly inspections with records of inspections
available to Code Enforcement
3) Is subject to fine if property misrepresented
(e) The property shall be posted with the name and twenty-four (24) hour contact
phone number of the local property management company_ The posting shall be no less
than an eight-inch by ten-inch sign. The posting shall contain the following language:
,
'--
THIS PROPERTY IS MANAGED BY:
TO REPORT PROBLEMS OR CONCERNS CALL:
The posting shall be placed on the interior of a window facing the street to the front of the
property so it is visible, or secured to the exterior of the building/structure facing the
street to the front of the property so it is visible or, if no such area exists, on a stake of
sufficient size to support the posting in a location as close as possible to the main door
entrance of the property. Exterior posting shall be constructed of and printed with
weather-resistant materials.
(f) The local property management company shall inspect the property on a bi-
weekly basis to ensure that the property is in compliance with this chapter. Upon the
request of the county, the local property management company shall provide a copy of
the inspection reports to the code enforcement division.
(g) Failure of the mortgagee and/or property owner of record to properly maintain
the property may result in a violation of the County Code and issuance of a citation or
Notice of ViolationINotice of Hearing by a the Code Enforcement Department. Pursuant
to a finding and detennination by the County's Special Magistrate, the County may take
the necessary action to ensure compliance with this section.