Ordinance 2007-70
0?-6272829ao
t><'li ~ \?"
IV \
tV' . \ ~
fJ .. ~~) ';, ORDINANCE NO. 2007- .:J.Sl
IN ... ~~\, ~
\~ ~ ~~, N CIl INANCE OF THE BOARD OF COUNTY COMMISSIONE~ .
'1 ~ ~ OLLIER COUNTY, FLORIDA AMENDING ORDINANCE NG;
~9lS ,,~4-58 (THE COLLIER COUNTY PROPERTY MAINTENANc1t.
lf1LEL't\. CODE); AMENDING SECTION FOUR, DEFINITIONS; AMENDING
SECTION SEVEN, RENTAL REGISTRATION AND PROCEDURES~
AMENDING SECTION NINE, INSPECTION OF STRUCTURES AN~
PREMISES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND.
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
--,
.=:.
''"'1
,::'~
WHEREAS, on October 9, 2007, at a regularly publicly noticed meeting the Board of
County Commissioners ("Board") considered Item 10 K and directed that an ordinance and
resolution be drafted that revisited policies related to annual rental registration application fees
and late fees; and
WHEREAS, on October 23, 2007, at a regularly publicly noticed meeting the Board
considered Item 10M and passed Resolution No. 2007-309 based on its prior direction; and
WHEREAS, the Board finds that it is in the government and public interest to allow
initial rental registrations, annual rental registration and late fees to be collected per property and
not per rental unit; and
WHEREAS, the Board finds that rental inspections will not be required for rental units
covered by a Florida Department of Business and Professional Regulation license; and
WHEREAS, the Board finds that units covered by a Florida Department of Business and
Professional Regulation license remain subject to the local regulations of Collier County.
WHEREAS, the Board finds that the amount of fees charged for rental registration
related services and late penalties continue to be set forth by Resolution of the Board and cannot
be waived or suspended without further action ofthe Board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Section Four of Ordinance No. 2004-58 is hereby amended to add the
following definition:
*
*
*
*
*
*
*
*
*
*
*
*
*
PROPERTY - for the purposes of rental registration "property" means a parcel or
contiguous parcels with any number of rental units located thereupon under cornmon ownership
and/or management.
*
*
*
*
*
*
*
*
*
*
*
*
*
SECTION TWO: Section Seven of Ordinance No. 2004-58 is hereby amended to read as
follows:
SECTION SEVEN: RENTAL REGISTRATION REQUIREMENTS AND PROCEDURES.
I
Words Underlined are added; Words Struek ThroHgfl are deleted.
All rental units in unincorporated Collier County must obtain a registration certificate
from Collier County Community Development and Environmental Services Division in
accordance with this section. A separate certificate is not required for each rental unit located
upon the same propertv.
I. When any dwelling unit is occupied by someone other than the owner for any
portion of a calendar year, a rebuttable presumption arises that the dwelling unit is a rental unit.
The presumption may be rebutted by evidence that the occupancy of the dwelling unit is due to
housesitting, baby-sitting, pet sitting, or the like.
2. REGISTRATION OF RENTAL UNITS REQUIRED - The owner(s) of any rental
unit shall register each rental unit with the Collier COllHty CeH1HlllHity Developmellt and
ERvironmeRtal Services .^.ElrniRistrator, or his/her Countv Manager or designee, and shall
designate an individual or entity as the Local Agent or Operator for the registered rental unit.
Registration shall be made prior to the use of any dwelling unit as a rental unit. Rental units
located upon the same propertv are not required to be separatelv registered.
3. APPLICATION FOR REGISTRATION PROCEDURES - Application for
registration shall be completed for eaffi rental unit~ located in the unincorporated Collier County
and in accordance with such instructions as may be provided by the ComffiHRity DevelopmeRt
and Envirollffi6ntal Services .^.ElrniRistrator, or his County Manager or designee, and include at a
minimum, the following information:
a. The name and addresses and telephone numbers of all owners of the rental
unit.
b. The name, local address and telephone number of the responsible local
agent or operator.
c. The number of rental units and the addressees) of each rental unit.
d. The name and address of any mortgage holder.
e. A COpy of the Florida Department of Business and Professional Regulation
("DBPR") license. if applicable.
4. LOCAL AGENT OR OPERA TOR - A person or representative of a corporation,
partnership, firm, joint venture, trust, association, organization or other entity, having his or her
place of residence or business in Collier County designated by the owner to operate and/or
manage such premises in accordance with the following provisions.
a. Local Agent or Operator Requirements. The Local Agent or Operator
must be either: an individual who resides within Collier County and is a minimum of 18
years of age, a local business entity possessing a Collier County Occupational License
who is registered with and known by the Florida Department of State, or the property
owner, provided he/she is a resident of Collier County. A real estate agent or broker of
2
Words Underlined are added; Words Struck ThroHgh are deleted.
the owner shall not be deemed a "Local Agent" for purposes of this section unless said
real estate agent or broker is registered in accordance with this section.
b. Duties and Responsibilities. The designated Local Agent or Operator shall
at all times ensure the rental unites), for which he/she is responsible, is in compliance
with all Collier County Codes and Ordinances. The Local Agent or Operator shall be
vested with the authority to receive notices of violation and shall be vested with the
authority to consent to access to such residence to duly authorized public officials
conducting inspections necessary to ensure compliance with the terms of this Ordinance.
All official notices of violation of all Collier County Codes and Ordinances served to the
Local Agent or Operator shall be deemed to have been served upon the owner of record.
c. Property Owner and Local Agent Agreement. Any person(s) or entity
designated by the property owner(s) to act as Local Agent or Operator must accept the
duties and responsibilities as set forth in this Ordinance. Such acceptance shall be
indicated by written agreement by and between the property owner(s) and the named
Local Agent or Operator, which shall be duly noted on the application for Rental Unit
Registration. Withdrawal of such an agreement shall result in revocation of said
registration. Failure to provide said agreement shall be grounds to refuse issuance of
rental unit registration thereby constituting a violation of this section.
5. TERMS, EXPIRATION, RENEWALS AND TRANSFERS - Rental tIIlit
registration certificates shall be issued for a period of one (J) year. Said registration shall be
updated annually on or before June 30th. Delinquent registrations will result in a daily peRalty
late fee as established by resolution of the Board of County Cornmissioners. Should a change
occur in ownership or Local Agent or Operator information, a transfer or supplemental
registration shall be filed with the Community Development and Environmental Services
Division within ten (J 0) days of such change by the property owner(s). Any change in ownership
or Local Agent or Operator information without notice to the county shall result in revocation or
cancellation of said registration and shall be deemed a violation of this Ordinance.
6. RENTAL UNIT INSPECTIONS - All---TRental units registered with Collier
County may be inspected, for an additional fee, by the Housing Official, or designee, in
accordance with this Ordinance to ensure the housing conditions and surrounding premises are in
compliance with the Codes and Ordinances for Collier County. All non-compliant conditions
shall result in a failed inspection and denial of a rental unit registration certificate. Notice of the
non-compliant conditions will be provided to the owner and agent and such conditions shall
require correction in a timely manner. Repeated non-compliance with any Code affecting
premises shall require an annual inspection until the premise has been found free of yiolations
for at least two (2) consecutive years.
7. REVOCATION/CANCELLATION - The Collier COHRty COffiffilillity Developmellt and
En'/ironmeRtaJ Services Division .^.sministrator, or his/her Countv Manager or designee, may
3
Words Underlined are added; Words Stmeil ThroHgh are deleted.
revoke or cancel a registration on the following grounds: I) Information contained on the
registration is false or material facts have been omitted, 2) a person or business registered under
this section has violated county laws or ordinances for the protection of the public health, safety,
or welfare and it is determined that the continued rental registration would be detrimental to the
public health, safety, or welfare, ef 3) payment of rental registration fees are dishonored by a
financial institution, or 4) failure to timely renew rental registration by August 31st for the
applicable renewal vear and will result in late fees being charged even if revocation/cancellation
occurs. Only if clear and convincing evidence is provided to the County Manager or designee
that the property was not intended to be rented while the rental registration lapsed will late fees
not be charged. Revocation or cancellation of registration shall constitute an unregistered rental
unit.
8. APPEALS TO REVOCATION/CANCELLATION OF CERTIFICATE - Prior to
the cancellation or revocation of a license under this section, the county shall notify the owner of
the grounds for such cancellation or revocation and of the right of such person to request a
hearing before the code enforcement board. Procedures for the notices and hearings shall be set
forth in the Consolidated Code Enforcement Beare Ordinance.
SECTION THREE: Section Nine of Ordinance No. 2004-58 is hereby amended to read as
follows:
SECTION NINE: INSPECTION OF STRUCTURES AND PREMISES.
I. Complaint-driven or inspector-initiated inspections of properties subject to this
Ordinance shall be conducted by the County to ensure that such properties are in compliance
with the provisions of this Property Maintenance Code; provided, however, this provision shall
not be interpreted as authorizing the County to conduct inspections of properties without the
consent of the owner or occupant or without a warrant. In securing consent, or at the time of
inspection, the Housing Official or the Code Enforcement Investigator shall present County-
issued identification and shall explain to the owner, occupant or operator the purpose of the
inspection. Rental inspections shall not be required for rental units on a property covered by a
DBPR license. A COpy of the current DBPR inspection license shall be provided with the initial
rental registration and all subsequent rental renewal applications.
2. If the inspection of a property reveals violations of the provisions of this Property
Maintenance Code, this shall trigger a request for an inspection of the interior of the property
and/or a random sampling of the properties involved which may include multiple units.
3. For inspections involving multiple units at one location and upon consent of
owner or designee or issuance of inspection warrant, a random sampling of the properties will be
inspected as follows:
a. I to 4 units, all units;
b. 5 to 10 units, 50% of units;
c. 11 to 29 units, 20% of units;
d. 30 to 49 units, 15% of units;
e. 50 or greater, if one location, 5% of the units with a maximum of twenty (20) units.
4
Words Underlined are added; Words Struek ThroHgh are deleted.
In the case of 50 or greater units, if the Housing Official finds one or more serious,
health, safety or habitability violations in 5% of the units, the Official may ask to inspect more
units to a total of 100% of the units in the development community. The Housing Official may
assess a noncompliance inspection fee of $50.00 per unit inspected, per re-inspection, if any
violation still exists after allowance of a reasonable time period for compliance.
4. The Housing Official and all appointed designees are authorized and directed, in
accordance with this Section, to enter and inspect dwelling units, buildings, structures and
premises to determine their condition in order to assure compliance with the provisions of this
Code or upon receipt of complaints or when the Housing Official has cause to believe a violation
of this Code exists. Inspections shall take place during the regular business hours of Collier
County Government, or at a time mutually agreed upon by the Housing Official and the owner,
operator or occupants. Should the owner, agent, operator or occupant fail to make the mutually
agreed upon inspection, a final inspection must be obtained within 30 days of the original
inspection date.
5. The owner, operator, occupant or other person in control of dwelling unit,
building, structure or premises shall, with consent, allow the Housing Official or designee free
and unrestricted access to all areas subject to the provisions of this Ordinance for purposes of a
full and complete inspection. In the event that the Housing Official or designee is denied access
or cannot obtain access to a dwelling, dwelling unit, building, structure or premises for purposes
of inspection, the Housing Official or designee is authorized and directed to seek and obtain an
inspection warrant authorizing entry and inspection pursuant to Chapter 933, Florida Statutes, as
it may be amended.
SECTION FOUR: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: Conflict and Severability.
If any section, phrase, sentence or portion of this Ordinance is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
separate, distinct, and an independent provision, and such holding shall not affect the validity of
the remaining portions thereof.
SECTION SIX: Effective Date.
This Ordinance shall become effective upon being filed with the Department of State.
PASSED AND DULY adopted by the Board of County Commissioners of Collier
County, Florida, this 13+" day of N Me..... be (L, 2007.
5
Words Underlined are added; Words Stmek ThroHgh are deleted.
ATTEST;
DWIGHT E. BROCK, CLERK
~."':")~::".'~
~......
. .... 'DC
f !,' , . .
\/ '-.. .' .< ".
. t test 'II to Choa 11'1IIII ,
. .s 1 Qlll-t'" ~1' .
ApPTOval as' lO\r~rm and legal
Sufficieii"y; . .
'J" , ;,.
)ilK ~-~
Jennifer A. B P io
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OFCOLUERa;;;~
By: ~
JAMES COLETTA, CHAIRMAN
6
Words Underlined are added; Words Struek ThroHgh are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-70
Which was adopted by the Board of County Commissioners
on the 13th day of November, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of November, 2007.
DWIGHT E. BROCK : '
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
,
J
Clutu ~ I). (,.
By: Ann Jennejohn,
Deputy Clerk