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Agenda 01/15/2008 Item #10A Agenda Item No. 10A January 15, 2008 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and Regulations OBJECTIVE: To obtain Board endorsement of the revised Rules and Regulations established for the Code Enforcement Board and endorsement of new Rules and Regulations established for the Special Magistrate. CONSIDERATION: The Collier County Code Enforcement Board was established in 1992 as an alternate means of enforcing violations to local codes and ordinances. The Collier County Special Magistrate was established in 2003 as another means of enforcing violations to local codes and ordinances including proccssing of citations issued by the Sheriffs Office, Domestic Animal Services and the Parks and Recreation Department. In accordance with State Statutes, the Code Enforcement Board and Special Magistrate are authorized to adopt their own rules and regulations identilYing their jurisdictions and guidelines for conducting hearings. Along with information regarding the administration of hearings, the rules and regulations are utilized to inform the public of its due process rights. Staff along with legal council for the Code Enforcement Board and the County Attorney's Office has conducted extensive research of other jurisdictions' rules and regulations. The result of that research produced the original rules and regulations established for the Code Enforcement Board in 2001. Since that date the Code Enforcement Board has conducted an annual review to ensure that the rules in place are effective. With the establishment of a Special Magistrate process in 2003, original rules and regulations have also been developed for the Special Magistrate. These are the first rules and regulations for the Special Magistrate and are attached for the Board's endorsement. The Code Enforcement Board's review for this year resulted in the following changes being recommended in the revised document attached to this Executive Summary. Some of the more substantive changes to the CEB Rules and Regulations include I) Section 3; Article X was placed under Reduction or Abatement of Fines prior to Imposition of Fine, 2) The change of the fine amount that may be imposed from $250 to $1,000 and for a repeat violation, from $500 to $5,000 to reflect language adopted by the Board of County Commissioners in the Consolidated Ordinance 2007-44. A cross through and underlined version of the CEB rules are attached to this executive summary for the Board's comparison. The attached rules are available for the public prior to each hearing. The process can be somewhat intimidating and may be further confused if the rules of the Code Board and the Special Magistrate are consolidated because all regulatory procedures are not applicable for both jurisdicitions. FISCAL IMPACT: The Rules are furthering the Ordinance adopted by the Board of County Commissioners and the projected revenues anticipated for the fine increase authorized by Ordinance 2007-44 have been included in the budget for FY'08. GROWTH MANAGEMENT IMPACT: This item has no growth management impact. LEGAL CONSIDERATIONS: Although these CEB and OSM rules appear to be legally sufficient for their purpose (i.e., rules for the conduct of hearings), the two sets of rules are unnecessarily Agenda Item No, 10A January 15, 2008 Page 2 of 40 redundant, and they do not address Nuisance Abatement Board proceedings. The County Attorney's Office believes there should be one set of consolidated rules for the CEB, NAB, and OSM, and that any unnecessary redundancy should be removed. RECOMMENDATION: That the Board of County Commissioners endorse the proposed Code Enforcement Board Rules and Regulations and Special Magistrate Rules and Regulations, which has been executed by each Code Board member and by the Special Magistrate via signature. PREPARED BY: Bendisa Marku, Operations Coordinator Code Enforcement Department Item Number: Item Summary: Meeting Date: Page lof2 Agenda Item No. 10A January 15, 2008 Page 3 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A Recommendation to Endorse Code Enforcement Board and Special Magistrate Rules and Regulations, (Michelle Arnold, Code Enforcement Director) 1/15/200890000 AM Prepared By Bendisa Marku Community Development & Environmental Services Operations Coordinator Date Code Enforcement 10/25/20072:37:37 PM Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. Date 10/26120079:11 AM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. Date 1012912007 12:24 PM Approved By Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement Director Date Code Enforcement 10130i2007 10:26 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 10131/20075:12 PM Approved By OMB Coordinator Administrative Services Applications Analyst Date Information Technology 1111/200711:16 AM Approved By Mark Isackson County Manager's Office Budget Analyst Date Office of Management & Budget 11111200711 :27 AM Approved By Michael Smykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 1112/20078:27 AM Approved By file:/ /C:\AgendaT est\Export\98-Januarv%20] 5.%202008\ I O. %20COUNTY%20MANAGER... 1/9/2008 Page 2 of 2 Agenda Item NO.1 OA January 15, 2008 Page 4 of 40 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/8/20087:20 PM file://C :\Agenda T est\Export\98-January%20 15,%202008\ 10. %20COUNTY%20MAN AG ER... 1/9/2008 Agenda Item No. 10A January 15, 2008 Page 5 of 40 COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section I, The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers, ARTICLE IV Election of Officers Section I. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Agenda Item NO.1 OA January 15, 2008 Page 6 of 40 Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (I) year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the Board with or without cause. ARTICLE V Board Section I. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings, Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times and places as needed, and determined by the Board, in the Collier County Commission Chambers. The Chambers will be open to the public at 8:30 a.m. The Board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereofto each other member of the Board or by written notice signed by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance of the meeting. At any meeting, the Board may set a future meeting date. Section 5. Attendance. Members shall notify the Chair or Secretary to the Board if they cannot attend a a meeting. b. If a member misses two (2) out of three (3) successive board meetings without a satisfactory excuse, he/she may forfeit hislher appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 5, Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. 2 Agenda Item No. 10A January 15, 2008 Page 7 of 40 Section 6, Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual ( or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 7. to the public. Section 8. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Records. All records of regular and special meetings or hearings shall be open Section 9. The Code Enforcement Board shall be governed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business I. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public HearingslMotions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a, Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing 5. Old Business A, Motion for Imposition of Fines/Lien (Property owner present) B. Motion for Reduction! Abatement of Fines 6. New Business 7. Consent Agenda A. Motion for Imposition of Fines/Liens 3 Agenda Item No. 10A January 15. 2008 Page 8 of 40 B. Request to Forward Cases to County Attorney's Office 8. Reports 9. Comments 10. Next Meeting Date II. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. Actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identifY the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2, The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (10) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor of the Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s) to the Secretary of the Board for distribution to the Board Members at least fifteen (15) business days prior to the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator shall submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing, The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of 4 Agenda Item NO.1 OA January 15, 2008 Page 9 of 40 Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her answer/response packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section I. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one (1) hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. violations. The Respondent/alleged violator may be asked if he/she wishes to contest the If so, the case shall be placed on the agenda as stated in Article VI. The parties may stipulate to an agreed Order, to be approved by the Board. b. c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing packets or agreements either party intends to provide to the Board Members, Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days priof to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion, The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any 5 Agenda Item No, 10A January 15, 2008 Page 10 of 40 provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state hislher full legal name, mailing address and physical residence. e. If the Resp.ondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent should submit a notarized letter to the Chair of the Board granting that individual permission to represent himlher at the hearing, f Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she shall notify the Board Secretary prior to the scheduled hearing. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present hislher case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. I. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing, 6 Agenda Item No. 10A January 15, 2008 Page 11 of 40 n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred, it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred, the charges shali be dismissed. 0, The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (I) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat vioiations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced1:o writing and be mailed to the Respondent/violator within ten (10) days. p. In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Board shall notify the local governing body, which may make all reasonable repairs required to bring the property into compliance and charge the vioiator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board, The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (I) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a 7 Agenda Item NO.1 OA January 15. 2008 Page 12 of 40 new hearing), but shall be limited to appellate review of the record created, Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section I. A Motion for Reduction or Abatement of Fines shall be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction! Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation, The Respondent should provide the Secretary to the Board fifteen (15) copies of the Motion for Reduction! Abatement of Fines, attaching all supporting documentation, A Motion for Reduction! Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction!Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure ofthe Respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3. Upon the proper filing of a Motion for Reduction! Abatement of Fines, the Board may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. Section 5. If a reduction is granted; the reduced fine must be paid within thirty (30) days, 8 Agenda Item No. 10A January 15, 2008 Page 130140 unless otherwise specified in the order, or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time, the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6, The Board will not re-hear a motion for reduction of fmes once a decision has been reached on a previous motion for reduction of fines, Section 7. The Board's decision to grant or deny mitigation of an Order Imposing FinefLien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section I. After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board, A copy of said Affidavit may be sent to the violator by regular U.S, mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon a Motion for Imposition of Fines being filed by the County, the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for AbatementlReduction of Fines shall be set on the same date for hearing of the County's Motion, when received in a timely manner, This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence of the period of non-compliance, the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for AbatementlReduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigating circumstances, In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circumstances. 9 Agenda Item No.1 OA January 15, 2008 Page 14 of 40 Section 4. The Board shall determine the amount offines as applicable to be imposed. In determining the amount of the fine, if any, the Board shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred, In the event the violation(s) has/have not been abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if daily froes shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order ofImposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator, For all Orders Imposing Fines/Liens rendered after April 16, 1999, the Order, when properly recorded, shall be superior to the interest on such property of any owner lessee, tenant, mortgagee, or other person except the lien of County taxes, and shall be coequal with COWlty taxes. Upon petition to the Circuit Court, such Order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes, A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or Wltil judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains Wlpaid, the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homestead under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy of an Order ofImposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. ARTICLE XII Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and COWlty ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. 10 Agenda Item No. 10A January 15, 2008 Page 15 of 40 Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant( s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this ;J'1 day of A!(J/IFM?JEI? ,2007. COLLIER COUNTY CODE ENFORCEMENT BOARD / Jerry Mo a " ~~'- S eri Barnett, Chair -/~\L~~R~ring ----- IORel L'Espera nate Charles Martin, Alternate 11 Agenda Item No. 10A January 15, 2008 Page 160140 COLLIER COUNTY SPECIAL MAGISTRATE RULES AND REGULATIONS ARTICLE I Name The name of this Governing Authority shall be the Collier County Special Magistrate. ARTICLE II Jurisdiction The Special Magistrate has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Meeting Requirements Section I. Regular Meetings. Regular meetings of the Special Magistrate shall be held twice monthly on the first and third Friday in the Collier County Commission Chambers, and/or at other times and places as needed, and determined by the Special Magistrate. The Chambers will be open to the public at 8:15 a.m, Pre-hearing conference proceedings will begin at 8:30 a.m. with hearings commencing at 9:00 a.m. Section 2. open to the public. Section 3. Procedure. Parliamentary procedure in Special Magistrate meetings shall be governed by the Rules and Regulations contained herein. Records. All records of regular and special meetings or hearings shall be 1 Agenda Item No. 10A January 15, 2008 Page 170140 ARTICLE IV Order of Business Section 1. The Order of Business to be followed at meetings of the Special Magistrate is as follows: 1. Call to Order 2. Approval of Agenda 3. Approval of Minutes 4. Motions for Continuance 5. Public Hearings a. Stipulations D. Hearings (Respondent present at hearing) c. Hearings (Respondent not present at the hearing) 6. New Business a. Motion for Imposition of Fines b. Motion for Reduction! Abatement of Fines 7. Old Business a. Request to forward cases for Foreclosure/Collections 8. Consent Agenda 9, Reports 10. Announcements 11. Next Meeting Date 12. Adjourn Section 2. The order of business may be amended, supplemented or suspended by decision of the Special Magistrate. ARTICLE V Initiation of Actions before the Special Magistrate Section 1. Actions before the Special Magistrate shall be initiated by the filing of a document with the Office of the Special Magistrate by a Code Enforcement Investigator, 2 Aaenda Item No. ',OA ~ January 15, 2008 Page 18 of 40 Sheriff's Deputy, Domestic Animal Services Officer, or other County Official with the powers to issue citations, which document shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance that has been violated. This charging document may take the form of a Notice of Violation or of a citation. Section 2. If the action is initiated pursuant to the issuance of a citation, the alleged violator may pay a fine in the amount set forth on the citation and/or correct the violation, or may request a hearing before the Special Magistrate. Section 3, The Office of the Special Magistrate shall assign a case number to each case and schedule a hearing. Section 4. The Office of the Special Magistrate shall send out a Notice of Hearing along with a copy of the Rules and Regulations to the alleged violator by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Special Magistrate. The Office of the Special Magistrate shall provide Notice to the issuing officer and the alleged violator as herein provided at least ten (10) days prior to the hearing at which, the alleged violator's case will be presented to the Special Magistrate. Section 5. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Office of the Special Magistrate for distribution to the Special Magistrate at the Hearing. In order to have the information submitted to the Special Magistrate, the alleged violator shall submit four (4) copies of his or her information to the Office of the Special Magistrate three (3) business days prior to the scheduled hearing. Section 6. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside by the Special Magistrate to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VI Pre-hearing Procedures Section I. Pre-hearing conference between parties. The Respondent/alleged violator and Code Enforcement Investigator or other issuing officer are required to have a pre-hearing conference thirty (30) minutes prior to the scheduled hearing. At the pre-hearing conference the following may occur: a, The Respondent/alleged violator may be asked if he/she wishes to contest the violation(s). If so, the case shall proceed on the agenda as stated in Article IV. b. The parties may stipulate to an agreed Order, subject to the approval of the Special Magistrate. 3 Agenda Item NO.1 OA January 15, 2008 Page 19 of 40 c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Special Magistrate along with any pre-hearing packets, agreements or stipulations either party intends to provide to the Special Magistrate. Section 2. Pre-hearing Motions. Any motion for any reason to be filed by the Respondent/alleged violator or the Issuing Officer shall be delivered to the Office of the Special Magistrate and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Office of the Special Magistrate with four (4) copies of the motion, The Secretary to the Special Magistrate will then distribute the motions to the Special Magistrate at the hearing. The Special Magistrate may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE VII Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Special Magistrate is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Special Magistrate: a. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent/alleged violator. b. The Special Magistrate shall announce the case before hearing testimony. c. The Respondent/alleged violator shall state his/her full legal name, mailing address and physical residence. d. If the Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent/alleged violator should submit a notarized letter to the Special Magistrate granting that individual permission to represent him/her at the hearing, e. Presentations of a case may be limited to ten (IO) minutes per party, including testimony of all witnesses. If the Respondent/alleged violator believes that additional time is required, he/she shall notifY the Secretary to the Special Magistrate prior to the scheduled hearing. f. In those cases initiated by citation in which the Respondent/alleged violator has requested the hearing, the Respondent/alleged violator shall proceed first with the presentation of 4 Agenda Item No. 10A January 15, 2008 Page 20 of 40 hislher evidence in opposition to the facts alleged in the citation. g. In those cases initiated by a Notice of Violation, the County shall proceed first with the presentation of its evidence to prove that a violation has occurred. h. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Special Magistrate and may be objected to by the opposing side. If necessary the Special Magistrate may grant a recess or continuance to examine said evidence. i. All persons testifying before the Special Magistrate shall do so under oath. j. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case in the order outlined herein above at Article VII, Paragraphs f. and g. Both parties shall have an opportunity to cross-examine any person testifying, k. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify, should notify the Secretary of the Special Magistrate prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by the Special Magistrate. \. The Special Magistrate may question any witness(es) or call any witness(es) as necessary. m, The right of the parties to present rebuttal evidence is discretionary with the Special Magistrate. n. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Special Magistrate shall close the hearing. o. The Special Magistrate shall determine whether the County has proven by competent substantial evidence that a violation has occurred, If the Special Magistrate determines that a violation has occurred, it shall then determine what corrective action and potential fines shall be appropriate. If the Special Magistrate does not find that a violation has occurred, the charges shall be dismissed. p. The Special Magistrate, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action ordered by the Special Magistrate. The Special Magistrate may include in such Order a fine to take effect the day following the specified compliance date in case of non-compliance. In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors: (I) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five thousand Dollars ($5,000,00) for repeat violations for each day the violation 5 Agenda Item NO.1 OA January 15, 2008 Page 21 of 40 continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten (10) days. q, In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Special Magistrate shall notify the local governing body, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. r. A party may motion a rehearing of the Special Magistrate Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Special Magistrate. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Office of the Special Magistrate within ten (10) days of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Special Magistrate shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. s. The Special Magistrate shall make a determination as to whether or not to rehear the matter and the decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Special Magistrate determines that it will grant a rehearing, it may: (!) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Special Master to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Special Magistrate resulted from a ruling on a question of law which the Special Magistrate has been informed was an erroneous ruling. t. Any aggrieved party may appeal a final Order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Special Magistrate's Order. ARTICLE VIII Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines shall be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed 6 Agenda Item NO.1 OA January 15, 2008 Page 22 of 40 description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) any other factors that may be considered by the Special Magistrate; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Office of the Special Magistrate four (4) copies of the Motion for Reduction! Abatement of Fine, attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Special Magistrate's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Special Magistrate has authorized foreclosure by the County Attorney's Office. Section 2. Upon the proper filing of a Motion for Reduction! Abatement of Fines, the Office of the Special Magistrate shall set the Motion on the next available agenda of the Special Magistrate, The failure of the Respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Special Magistrate, Such dismissal shall be without I'rejudice to the Respondent to file another request in accordance with these Rules, Section 3. Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Special Magistrate may consider the following factors: (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4, The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated, The hearing shall be conducted according to Article VII of these Rules, where applicable. Section 5, If a reduction is granted; the reduced fine must be paid within thirty (30) days, unless otherwise specified in the order, or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time, the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6, The Special Magistrate will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Special Magistrate's decision to grant or deny mitigation of an Order Imposing FinelLien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within thirty (30) 7 Agenda Item No. 10A January 15, 2008 Page 23 of 40 days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Special Magistrate's Order. ARTICLE IX Imposition of Fines Section I. After an Order has been issued by the Special Magistrate and a date of compliance has been set, the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Special Magistrate. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Special Magistrate. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Office of the Special Magistrate shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon a Motion for Imposition of Fines being filed by the County, the Office of the Special Magistrate shall set the Motion for hearing before the Special Magistrate with proper notice to the Respondent/violator. Any Motion for AbatementJReduction of Fines shall be set on the same date for hearing of the County's Motion, when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence of the period of non-compliance, the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for AbatementJReduction of Fines and any testimony in support thereof. Respondent/violator may also, at the discretion of the Special Magistrate, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigating circumstances. In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4 The Special Magistrate shall determine the amount of fines as applicable to be imposed. In determining the amount of the fine, if any, the Special Magistrate shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the Respondent/violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. In the event the violation(s) haslhave not been abated at the time of the hearing on the Motion for Imposition of Fines, the Special Magistrate may determine if daily fines shall continue to accrue or if a stay is appropriate. The Special Magistrate's determination to impose operational costs and/or fines 8 Agenda Item NO.1 OA January 15. 2008 Page 24 of 40 shall be reduced to writing and a copy of the Order Imposing FinelLien shall be mailed to the violator by regular U,S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After ninety (90) days from the filing of any such lien, which remains unpaid, the Special Magistrate may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homestead under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy of an Order of Imposition of FinelLien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure, ARTICLE X Miscellaneous Section 1. These Rules and Regulations may be revised and adopted consistent with state statutes and county ordinances during a regular meeting. Section 2. The Special Magistrate shall not knowingly discuss any case with any alleged violator or with any other interested party prior to the final resolution of the case. Section 3. In the event a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is the potential that the other property owner(s)' or tenant(s)' interest will be affected by the Special Magistrate's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Special Magistrate to be an affected party. Section 5. The Special Magistrate has discretion to ask for periodic reports from County staff as to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the 9 Agenda Item No. 10A January 15, 2008 Page 25 of 40 provisions of any ordinance(s) or statute(s) applicable to the Special Magistrate, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Special Magistrate prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGU;~S, as amended, ARE HEREBY APPROVED this ~dayof 1),,12: ,2007. COLLIER COUNTY SPECIAL MAGISTRATE 10 Agenda Item NO.1 OA January 15, 2008 Page 26 of 40 COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name ofthis Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally confencd by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section I. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve Agenda Item No. 10A January 15, 2008 Page 27 of 40 a term of one (1) year, or until a successor shall take office. 1'10 oae memBer sfiall serve mere tfiaR twe (2) eDRseeHti':e terms as efiairmaa. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair mav be removed bv a super maioritv of the Board with or without cause. ARTICLE V Board Section I. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings ofthe Code Enforcement Board shall be held at least meatfily on the fourth Thursday, and/or at other times and places as needed, and determined by the Board, in the Collier County Commission Chambers. The Chambers will be open to the public at 8:30 a.m. THe Beard may bef;iR tHe ]3Hblie ]3ortien aftHe meetiflf; at 9:9Q A.M. The Board mav begin its meeting to conduct organization matters at 9:QO A.M. and the public portion of the meeting shall commence at 9:30 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member ofthe Board or by written notice signed by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance ofthe meeting. At any meeting, the Board may set a future meeting date. Section 5. Attendance. Members shall notify the Chair or Secretary to the Board if they cannot attend a. a meeting. b. If a member misses two (2) out of three (3) successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 5. Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote ofa majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. 2 Agenda Item NO.1 OA January 15, 2008 Page 28 of 40 Section 6. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 7. open to the public. Records. All records of regular and special meetings or hearings shall be Section 8. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Section 9. The Code Enforcement Board shall be governed bv the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Emplovees. ARTICLE VI Order of Business I. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. 1'Ion Contestea Cases and present at the hearing a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing 5. Old Business 1'1ew Business A. Motion tor Imposition of Fines/Lien (Propertv owner present) B. Motion tor Reduction/Abatement of Fines 6. New Business Old BHsiness 7. Consent Agenda A. Motion for Imposition of Fines/Lien - Propertv owner not present 3 Agenda Item No.1 OA January 15, 2008 Page 29 of 40 B. Request to forward Cases to County Attornev' s Office 8. Reports 9. Comments 10. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII I nitiation of Actions Before the Board Section 1. Actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member ofthe Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (10) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor ofthe Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s) to the Secretary of the Board for distribution to the Board Members at least fifteen (15) business days priorto the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator shall submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. Tl~e alle;;ed '. iolator's J3aeket shall be or(;fffiized, J3agiaated, and shall have a Table of COBtents. The Secretary to the Board shall distribute the e\'idmHiary packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the 4 Agenda Item NO.1 OA January 15, 2008 Page 30 of 40 Notice of Hearing. The Secretary to the Board shall not deliver his or her prehearing e'iidefltiary packet to the the charging packet to the Board Members until he or she receives the alleged vio lator's flrel1earing e';identiary answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary answer/response packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or i:;nored set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one (1) hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI., Subsection 5. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. 5 Agenda Item No. 10A January 15, 2008 Page 31 of 40 The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision ofthe county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, the RespoHElent as provided aerein a hearing may proceed in the absence of the Respondent. c. The Secretarv to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name. mailing address -and phvsical residence. e. Presentations of a ease may be limited to tv:enty (20) mintltes per party, ineltldinf; testimony of all v,.itnesses. Ifthe Respondent belie, es taat additional time is required, hehhe shall notil)' the Board Secrctary prior to the schecl"led hearing. If the Respondent/alleged violator is not present and is represented bv a person other than an attornev. the Respondent should submit a notarized letter to the Chair ofthe Board granting that individual permission to represent himlher at the hearing. f. E'. idence tendered at the beginninf; of each party's presentation. /\BY' evidence, which is sOllgat to be introdllced by' a party who has Rot illet the reqllirements oL^.rtiele VII, Section 1 of these mIes, may be objectcd to by tHe opposiBf; side. \Vhether to allov, the evicleRce shall be at the discretion of the Board. IftHe Board allows the evideBce a recess or cOHtinuance to 8J<8I'Rine said evidence m~' be f;ranted by the Board. Presentations of a case mav be limited to twentv (20) minutes per partv. including testimonv of all \vitnesses. If the Respondent believes that additional time is required. he/she shall notifv the Board SecretarY prior to the scheduled hearing. g. ,^.I1 persons appearinf; before tile Board sllall be sworn in. Anv evidence which is sought to be introduced bv a partv during the partv's presentation is admitted at the discretion ofthe Board and mav be obiected to bv the opposing side. Ifnecessarv the Board mav grant a recess or continuance to examine said evidence. h. Each side may' be permitted to make brief openinf; statements, if requested. THe COllnty saall Jlreseilt its caGe aftd Respondent'allef;ed violator shall preGeRt llisiIJcr case. Both parties shall have aft opportuBity to cross e)",mifle all witnesses. All persons testifying before the Board shall do so under oath. i. Members oftlle ptlblic may testify' and provide relevaflt e\'ideflee to SlIpport that a vio lation Ras or has flot oce"rred. Testimony of members oftRe pUBlic may Be pennitted to HO n1.Ore thafl f.ive (5) minHtes lIHless eKtended by a majority vote ofthe Board. Members oftHe public may 6 Agenda Item NO.1 OA January 15, 2008 Page 32 of 40 be reqllires Is pre regiater ts speak. Each side mav be permitted to make brief opening statements. if requested. The Countv shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunitv to cross-examine anv person testifying. J. The Boars or ita attsrney may E1loleatioR aR)' witAess(es) sr call an)' witRess(es) as necessary. Anv person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testifv should notify the Board Secretary prior to commencement of the public hearing. Testimonv mav be limited to no more than five (5) minutes unless extended bv a maioritv vote of the Board. k. TAe ri::;ht oftAe parties to preseRt reBlolltal eviGeRee is diseretioFlal)' witA tAe &affi. The Board or its attornev mav question anv witness(es) or call anv witness(es) as necessary. I. UI"8R c81T1pletioR of all tAe evideRee, easA side ma:; Be permitted to mah Brief e10SiRg ar::;HmeFlts aRd tRe CAair shall dose tl1e hearin::;. The right of the parties to present rebuttal evidence is discretionary with the Board. m. The Board sRall deliberate iR ol"eA session before tile plolblic aRd determiFle v/hether tRe Cmmt)' Aas proveR BY coml"etent sUBstantial e','ideRse tRat a '/iolalioR has sccurred. If the BeMd determines IAat a '/io latisR Aas occurred, it shall tAeR deliBerate aHd determiFle wRat affirmative relief aRdl"oteRtial fines sllall Be al"prspriate. 1fthe BOMd does Aet fiRd that a \' iolation has ossHned, tAe char::;es shall Be dismissed. Upon completion of all the evidence. each side mav be permitted to make brief closing amuments and the Chair shall close the hearing. n. The Board, Ill"on finding a Resflondent iR violatioH, shall issue aR oral Order to Csmply, settiRg a date celiaiR for compliance. The Order shall cOHtaiFl fiRdiR::;s of fact aRd CORBIllsiens of La v, aRd state tile cerrecti,,'e action ::;raflted by tHe Board. The Bears may iHdude in sllch Order a fine to take effect the day fDllowiflg the speBified coml"liance date in case of Ron compliaHce. IR setermiflin::; tI1e amololnt of the fiRe, if an)', tRe Board shall cORsider the follo'?iHg faBters: (1) the gravity ofthe '.io lalion; (0) an)' actions tal;en by the ':io later to correct the vio latioR; (3) afl)' previous" iolations committed by the ':io lator; aRd (1) any otRer relevant factors. ~uch fiRe sRall Rot eneeed T?,o II10lRdred Fifty Dollars ($250.00) f.flr each day the'. iolatioR eOBtinues past tile specifies compliaAce Gate aBd Five HIlAdred Dollars ($5QO.QO) for repeat violatioRs of each day the violation cOAtiRlles past tRe specified cO>l1pliance date. In addition, the RespoRdeRt/violator ma:;' be ordered to pay aRY operatioRal and/or proseeutioR costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator '?,ithiH teA (10) days. The Board shall deliberate in open session before the public and determine whether the Countv has proven bv competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred. it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred. the charges shall be dismissed. o. In the e\' ent the '. iolation is a ':iolation described iA ~ectiol1 16" .06( 1), Fla. ~tat., the BOMd m)" direet the local t;overniAt; body to mal,e all reasonable repairs required to briH::; the property into eOFA]3lianee and ehart;e the vio later with tRe reaseRable eosts of repairs aleng with tile fiRe and any ol"erational or flroseeHtorial costs. The Board. upon finding a Respondent in vio lation. shall issue an oral Order to Comply. setting a date certain for compliance. The Order shall contain 7 Agenda Item No.1 OA January 15, 2008 Page 33 of 40 Findin~s of Fact and Conclusions of Law and state the corrective action granted bv the Board. The Board mav include in such Order a fine to take effect the dav following the specified compliance date in case of non-compliance. In determining the amount of the fine. if anv. the Board shall consider the following factors: (n the gravitv ofthe violation; (2) anv actions taken bv the violator to correct the violation: (3) anv previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1.000.00) for each dav the violation continues past the soecified compliance date and Five Thousand Dollars ($5.000.00) for reoeat violations for each dav the violation continues past the specified comoliance date. In addition. the Resoondent/violator mav be ordered to pay anv ooerational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Resoondent/violator within ten (10) ~ p. .^. J3arty may request a rehearing of the Board's Order, 13ased oRly SH the groufla that the aeeisioR was eOHtrary to the eviaeHee or that the heai'ing im'olved aR error OH a ruliRg of lay, wRieh was fl1Flaamefltal to the aeeisioR of the BOai'd. The writteH Request for ReheariHg (may l3e in the forms sfEJlhiBit Hi\") shall sJ3eeify the precise reasons thereof .^. Request for RehearJlg shall Be in writiHg afla 8eRt to the Secretary to tl.e Boara within ten (10) days of the date the Oraer is receive a BY the party, l3ut in He e'. eRt more than t.....enty (20) days from the date of maili!'lg of the Oraer. The Oraer of the Board 8hall l3e stayea and the time for taking an a['lpeal telled ufltil the ReEJuest for ReheariRg I.as l3een di8posed of aRa the aecision receivea by the parties; provided, however, that iR RO event shall the Oraer Be stayea for a perioa 100.ger theH tWWlty (20) aaJ's from aate sf the mailiRg of the reheariRg decisioH, Irr..the event the violation is a violation described in Section I 62.06(4), Fla._Stat., the Board may direct the appropriate aepartmeHt withiR the uniHeol'j3oratea eouRty to shall notifv the local governing bodv. which mav make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the tine and any operational or prosecutorial costs. q. The Boara shall mah a aetermiRatioR as to .,yhether or !'lotto rehear tile matter aRd its deeisioH sllalll3e made at a publie meeting, redueea to \':riti!'lg aRa mailea to the ifllerested parties withiR 10 aays after the aeeisioH is made. If the Boara aecermiRes that it v..ill graHt a reheariflg, it may: (1) Seheaule a hearing ,":here the parties will be gi'. eR tile opportunity of presenting e':idenee or argumeHt limitea bj' the Board to the speeitie reaSOl% for ,/, hich the rehearing v:as granted; or (2) Moaify or re'.orse its prior Order, without reeeiviRg further e.. iaeRee, providiRg that the chaRge is basea OR a fiHaiflg that the prior aecisieR of the Board resultea frOB-l a ruling OR a EJuestioR of law wllieh tRe Boara has been iRf-ermed '.\ as aH erroneous r~lliRg. A partv mav motion a rehearing ofthe Board's Order. based onlv on the ground that the decision was contrarv to the evidence or that the hearing involved an enor on a ruling oflaw. which was fundamental to the decision of the Board. The written Motion for Rehearing shall specifv the orecise reasons thereof A Motion for Reheming shall be in writing and sent to the Secretary to the Board within ten (I 0) davs of the date the Order is received bv the partv. but in no event more than twentv (20) davs from the date of mailing of the Order. The Order of the Board shall be staved and the time for taking an apoeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties: provided. however. that in no event shall the Order be staved for a period longer than twentv (20) davs from date of the mailing of the rehearing decision. 8 Agenda Item NO.1 OA January 15, 2008 Page 34 of 40 r. .^.RY a1;b'ieved party may appeal a HRal Order of tHe Beard to tHe Cir-eHit COHrt withiR tHirty (39) days efthe e1leeHtieR efthe Order apJ3ealed. ,'.n apJ3eal sHall Rot be a HeariRg de 118':8 (51 11e:1' hel'lr;ng), bHt shall 13e limited to aJ3pellate review of tAe reeord ereated. FiliRg an .^.]'lpeal sAall Ret stl3)' the Board's Order. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 davs after the decision is made. Ifthe Board determines that it will grant a rehearing. it mav: (]) Schedule a hearing where the parties will be given the opportunitv of presenting evidence or argument limited bv the Board to the specific reasons for which the rehearing was granted: or (2) Modify or reverse its prior Order, without receiving further evidence. providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an enoneous ruling. s. Anv aggrieved party mav appeal a final Order of the Board to the Circuit Court within thirty (30) davs of the execution ofthe Order appealed. An appeal shall not be a hearing de novo (0 new heor;nf!), but shall be limited to appellate review of the record created. Filing an Appeal shall not stav the Board's Order. ,'.n TI CLE X ERforeemeRt Seetion J. .^.fter an Order has been issHed by the Board and a date of eSlTlfllianee Has beeR set, the Code ERforeemeRt hwestigator SHall mal,e a reiflsfleetioR to determiRe eompliaRee or ROR compliance witA tHe Order of the Board. Scction 2. THe Code EHforeemeHt !m'e"tigator oAall file aR :\ffidavit of Compliance or NOH Compliance witH the Seeretary to tHe Board. :\ eop)' of said :\ffidavit shall be sent to the violator by regtllar U.S. mail and recorded in the Publie Reeords of Collier CouHt)., Florida. THe Seeretar:,' to tAe Board shall report the "tatus of tAe said affidavit at the He)ct scheduled Board meetiRg. SeetioR 3. .^. request for a redtletion/abatemeRt of tiRes may be in the form ofa Request to IlTlflose Redtlee/.^.bated FiRe. The ReqHest shoHld eontaiR the follO'siRg iRformatioR: (a) name, aRd address of Hamed RespoHdent; (b) names of all ovmers of the property ,....hich is tAe subjeet of tl,e violatioR; (e) physical address of sHbject property; (d) nature of violatioR; (e) description of a8atemeRt of violation and date of abatement; (IR the event that the ':iolatioH ea+mot be aBated B)' RespoRdeHl, the RespoRdent shall inclHde iR t~'e Rcqucst to RedHce/.^.Bate FiRes a detailed deseriptioR ofthe eff-erts uRdertakeR for aBatemeRt aRd aR eJ'j3!anation as to v. hy the violatioR eaRRot be abated, aRd provide sUPflort dOelllllentation to that effect); (t) mitigatin1; factors v.'HieH RespoRdent Believes v:arraRts a redHction or aBatemeHl of fiRcs; (1;) any otHer factor" tAat may be 80flsidered B)' tAe Board; (A) signature of Resj3ondent; and 0) all sHpportin1; doeHlfleRtation. The Respclfldent SHould provide the Seeretary to the Board fifteeR (15) copies of the Reqtlest to Reduce/.^.bated fiRe, attaeHiRf; all SHJ'lportiRg docHmeRts. SectioR 4 THe Board shall determiRe the amotlnl of o!3erational costs aHd/or fiRes as 9 Agenda Item NO.1 OA January 15, 2008 Page 35 of 40 !lfl/llieaBle to Be it~/lesea aRa tAe ReSj3eRaeRt shall receive netice ef tAe saia Hearing. fR aeteFfRiFliflg tAe a1~eHRt ef tAe fine, if aR,', tAe Beara sAall censiser tHe folie wing faetef5: (I) tAe gravity ef the vie Jatiofl; (2) aRY actieRs taken by tAe ...ie later te correct tHe yielatieR; (3) any /lrcyielis ':ielatioAs cefAfAittes BY tHe \ ielater; aRe (1) aF!Y etAer releyaRt factors. SueA fiRe sAall F!ot exeeea Tv. e IlliF!sree Fift) De liars ($250.00) for eaeA day the vielatieR eef!tiRues /last tAe s/leeifiee eeAlpliaRee sate aRd Five H,mBred De liars ($500.00) f-or repeat ':ielatioF!s fer eaeh day tl.e yiolatiClF! eeAtiFlues pas the specifies eeAlpliaRee Bate. lA aaaitieF!, the RespeRseF!t/violator may Be erdered to paJ' aRY epenrtioR aml/er proseeutieR eosts inemrea. The Bears's aeteFfRiRatioR to ifApese eperati8Ral eests ana/or fines, shall Be reducea to \\ritiRg aRa a eepy ef the Oraer lfAJlesiRg FiRe/LieA shall Be fAailes to the ':iolator by regHlar U.S. fAail er servea upeR the violator as specifiea by the OrdiRaFlee and reeorded if! the PHillie Reeeras ef Cellier County, Floriea. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. The Beara will eRly eORsiaer y,TitteR reqHest for a reduetiOFr ef fiFles. TAe re€lHest fAHSt state maseRS for reaueti8R aRe fAllSt iRdudiRg suppertif!g deellfAeF!tatioR f-or Eoard eOFlsiseratieA as RO further testifAoF!Y from er in behalf eftAe '.ielator will Be eeF!sidered. ,^. Request te Reauee/FiRes may lle made after a '.ielatioF! has BeeF! allated, Clr iF! tAe event a ':iolatioF! car.not be abatea, after ailigent attempt to aBate the \ iolatioA in aeeerdanee with the Boara's Order Aas Been &lase. Unser RO eireHmstaRces may a Reqllest to Reduce/,'\bate Fine lle maae after the Board has aHthorizea foredosme lly the COURty !.ttorney's Office. A Motion for Reduction or Abatement of Fines shall be in the form of a written request. The Motion should contain the following infonnation: (a) name. and address of named Respondent: (b) names of all owners of the propertv which is the subiect ofthe violation: (c) phvsicaJ address ofsubiect property: (d) nature of violation: (e) description of abatement of violation and date of abatement: (In the event that the violation cannot be abated bv Respondent the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to whv the violation cannot be abated. and provide support documentation to that effect): (I) mitigating factors which Respondent believes warrants a reduction or abatement offines: (g) anv other factors that mav be considered bv the Board: (h) signature of Respondent: and (i) all supporting documentation. The Respondent should provide the Secretarv to the Board fifteen (15) copies ofthe Motion for Reduction/Abatement of Fines. attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a yio lation has been abated. or in the event a violation cannot be abated. after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances mav a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure bv the Countv Attornev's Office. Section 2. Upon the proper filing of a Motion. the Secretarv to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure ofthe Respondent to complv with the requirements set forth above mav be grounds for dismissal of the Motion bv the Code Enfercement Board. Such dismissal shall be without preiudice to the Respondent to file another motion accordance with these Rules. 10 Agenda Item NO.1 OA January 15, 2008 Page 36 of 40 Section 3. Upon the proper filinf,! of a Motion for Reduction/Abatement of Fines, the Board mav consider the following factors: (a) the gravity of the violation; (b) actions taken bv the Respondent to conect the violation: (c) whether there were previous violations committed bv the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) anv hardship the fine/lien would cause on the Respondent: (h) the time and cost incurred bv Code Enforcement to have the violation corrected and (i) anv other equitable factors which would make the requested mitigation appropriate. Section 4. The Respondent shall have the burden ofproofto show whv a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. Section 5. If a reduction is granted: the reduced fine must be paid within thirtv(30) davs, unless otherwise specified in the order. or unless staff. in its discretion, negotiates an installment plan. Ifpavment is not made within the specified time, the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copv of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon anv other real properlv or personal propertv owned bv the vio lator. Section 6. The Board will not re-hear a motion for reduction offines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Board's decision to grant or denv mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copv of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon anv other real propertv or personal propertv owned bv the violator. Anv aggrieved partv mav appeal a final order to the Circuit Court within thirtv (30) davs ofthe execution of the Order appealed. An appeal shall not be a hearing de novo (new hearinrz), but shall be limited to appellate review ofthe record created. Filing an Appeal shall not stav the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued bv the Board and a date of compliance has been set. the Code Enforcement Investigator shall make a reinspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A cop v of said Affidavit mav be sent to the violator bv regular U.S. mail and recorded in the Public Records of Collier Countv, Florida. The SccretarY to the Board shall report the status of the said affidavit at the next scheduled Board meetin~. 11 Agenda Item NO.1 OA January 15, 2008 Page 37 of 40 Section 3. . Upon a Motion for Imposition of Fines bein~ filed bv the County. the Board shall set the Motion for hearing with proper notice to the Respondent. Anv Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the Countv's Motion, when received in a timelv manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County mav present evidence of the period of non-compliance. the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred orto be imposed. Respondent mav be given the opportunitvto present anv written Motion for Abatement/Reduction of Fines and anv testimony in support thereof. Respondent may also, atthe discretion of the Board, be given the opportunitv to present testimonv regarding efforts made toward compliance and abatement which mav be considered as mitigating circumstances. In rebuttal, the County mav be given the opportunitv to present testimonv regarding aggravating circumstances. Section 4. The Board shall determine the amount offines as applicable to be imposed. In determining the amount of the fine, ifanv. the Board shall consider the following factors: (1) the gravitv of the violation: (2) anv actions taken bv the violator to correct the violation: (3) any previous violations committed bv the violator: and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1.000.00) for each dav the violation continues past the specified compliance date and Five Thousand Dollars ($5.000.00) for repeat violations for each dav the violation continues past the specified compliance date. In addition, the Respondent/violator mav be ordered to pav anv operational and/or prosecution costs incurred. In the event the violation(s) has/have not been abated at the time ofthe hearing on the Motion for Imposition of Fines, the Board mav determine if dailv fines shall continue to accrue or if a stav is appropriate. The Board's determination to impose operational costs and/or fines. shall be reduced to writing and a cOPV of the Order Imposing Fine/Lien shall be mailed to the violator bvregular U.S. mail or served upon the violator as specified bv the Ordinance and recorded in the Public Records of Collier County. Florida. Section 5. A certified cOPV of an Order oflmposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon anv other real propertv or personal propertv owned bv the violator. For all Orders Imposing Fines/Liens rendered after April 16, 1999. the Order, when properlv recorded, shall be superior to the interest on such propertv of anv owner lessee. tenant mortgagee. or other person except the lien of Countv taxes. and shall be coequal with count v taxes. Upon petition to the Circuit Court, such Order mav be enforced in the same manner as a court iudgment bv the sheriffs of this State, including levv against personal propeliv. but shall not be deemed to be a cOUl1 iudgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until iudgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of anv such lien, which remains unpaid, the Board may authorize the attornev representing the Board of Count v Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real propertv. which is homestead under Section 4. Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twentv (20) vears after the certified cOPV of an Order ofImposition of Fine/Lien has been recorded. unless within that time an action to foreclose on the lien is commenced in a court of competent 12 Agenda Item NO.1 OA January 15. 2008 Page 38 of 40 iurisdiction. In an action to foreclose on a lien. the prevailing partv is entitled to recover all costs, including a reasonable attornev's fee that it incurred in the foreclosure. ARTICLE XII Recordinc of Order Section 1. /\ eertified copy sf an Order im]3osinf; a find shall be mesrded in the flublic records and thereaFler sl~all constitute a lieR agaiRst the laml OR which tl~e violatioR ellis's and u]3on aR)' slher real ]3rsflerty or flersonal ]3rOflerty owned by the violator. Fer all Orders Im]3osin::; Fines/Liens reRdered after !.]3ril 16, 1999, the Order, '.vheR ]3rOflerly reeorded, shall Be sU]3erior to the interest OB such pro]3ert,' of any owner lessee, tenant, B~ort::;a::;ee, or other persoR eKeept the lien of COllnty taxes, and shall Be ceeqlolal ,....itl~ CClllRty ta:les. UpOR fletition to the Circuit COllrt, such Order may Be eRforced in the same maRRer as a eourt judgment BY the sheriffs of this State, iRcllldin; levy a::;aiRst ]3ersoBal ]3ropertY' But shall Bot be deemed to be a cOHrtjlldgmeFlt e)[eept for enfClreement ]3l1fj'loses. /\ fiBe imposed pmsHant to this ]3art shall cOBtiBHe to aCCrlle ootil the ...io lator comes into compliaBee or until jHd::;ment is rendered in a sllit to foreelose OR a lien filed ]3urswmt to the ordinaHce, v.llichever comes first. ,^.fter three (3) months from filin::; ofaRY suell lien, ?:hich remaiBs unpaid, the Board may' authorize the attorney represent in::; tile Commission to furedose on the lien. No lien created pmsuant to this ordiRance may Be foredosed on real property, ?hiell is homestead ooder Section 4, ,^.rtiele X of the Florida Constitution. Section 2. No lien under this ordinance shall cClntinue for a period icm::;cr than twenty (20) years after tile certified CO\3Y ofan Order Imposing a Fine lias been recorded, HnIess within that time an action to foredose on the lien is commenced in a eourt of competent jurisdiction. In an action to foreelClse on a lien, the prevailing party is entitled to reeo','er all costs, induding a reasonable attorney's fce that it incurs in the foreelosure. Miscellaneous Section I. These Rules and Regulations mav be revised and adopted consistent with state statutes and countv ordinances during a regular meeting bv the affirmative vote ofa maioritv of the full Board. including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowinglv discuss anv case with anv alleged violator or with each other or with any other interested partv prior to the final resolution of the case bv the Board. Section 3. In the event a violation is occurring on propertv under multiple ownership and/or in which there is a tenant and there is the potential that the other propertv owner(s)' or tenant(s)' interest will be affected bv the Board's decision. the Code Enforcement lnvestigatormav include the propertv owner and/or tenant as Respondent to the case. Section 4. Intervention bv non-parties mav be permitted if the non-partv's interest will 13 Agenda Item No. 10A January 15, 2008 Page 39 of 40 be affected bv the Boards decision. Section 5. The Board. at its discretion. mav ask for periodic reports from Countv staffas to the status of cases. Section 6. In the event of a conflict between these Rules and Regulations and the provisions of anv ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance( s) or statute( s) shall prevail. Section 7. Anv case in which there has been a hearing bv the Board prior to the adoption of these Rules and Regulations shall be governed bv the previouslv adopted rules and regulations in effect at the time of the hearing. f.RTICLE XIII MiscellaReoHs Sectiofl I. Tllese Rules ar;d Regulations may be revised aAd adoptee cOflsistefll ,..,itll state statutes afld coHflly ordiRaRces dlll'ing a regular meeting by the affiffi'lative ',ote of a majority of the fHIl Boare, iRcludiR;; alternates, pro\ ided Rotice of a proposed chaR;;e is giveR to the Board at a preeediR;; regular meetiR;;. SectisR ~. No Board member shall 131owiR;;ly discHss aJ'ly case v. itH aRY alle;;ed ',io lator or witH eaCH otHer sr with any other interested party prior to the fiRal resolHtioR of the case by the BOllfd. SectioR 3. 11'1 the evefll a violatioR is OCCurriRg on property under multiple oWAership aRd/or in whiCH there is a teflaRt ar;d there is tHe potefltial that the other property ov.'fler(s)' or tenfrflt(s)' interest will be affected by the Beard's decisioR, the Code ERforcement IIl'1'esti;;ator may illclHde tHe property owner and/or tenfrflt as Respondent to the case. Section 4. Interventien b) Ron parties may Be permitted if the non part:,. has beeR IDillld by tile Board to be all affected J3arty. Sectiofl 5. The Board, at its discretiOl-1, may ask for periodic reJ30rts from County staffa, to the status of cases. Section 6. In the eveRt of a cOflflict 8etween tHese RHles and Regulations afle the pro'iisioRs of SRY ordinance(s) or statHte(s) aJ3J31icable to the Code ERforcemeHt Board, the provisions of the oreinaRce(s) or statute(s) shall prevail. SectioR 7. /.F!Y case in \vhich there has 8een a hellfiF!;; 8Y the Board prior to tHe adoJ3tioR efthese Rules aRd Regulations shall 8e govorned by the pre'. iously adopted rules aRd regulations iF! effect at the time of the heariflg. 14 Agenda Item NO.1 OA January 15, 2008 Page 40 of 40 THESE RULES AND REGULATIONS. As Amended, ARE HEREBY APPROVED this day of ,2007. COLLIER COUNTY CODE ENFORCEMENT BOARD Sheri Barnett, Chair Gerald J. Lefebvre, Vice-Chair Richard Kraenbring George P. Ponte Kenneth Kelly Jerry Morgan Larry Dean Lionel L'Esperance, Alternate Charles Martin, Alternate 15