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Ordinance 97-35 " ORDINANCE NO. 97- 35 ;, "'~.., ol ~ard C .":LLIER COUNTY ORDINANCE ENFORCEMENT -I., ',~ , ,--~."~CEDURES; PROVIDING FOR FINDINGS AND ~t PURPOSE; PROVIDING FOR TITLE AND CITATION; ~\.~:e2, >~p,.ROVIDING FOR DEFINITIONS; PROVING FOR j?./,~'x j~ ~ X~PLICABILITY IN ALL UNINCORPORATEDD~REAS OF ~ K~ ~' T/iF COUNTY; DESIGNATING CERTAIN COUNTY J I{~-~}~ Er~iPLOYEES AS CODE ENFORCEMENT OFFICERS AND (~,rd A~THORIZING ISSUANCE OF CITATIONS AND NOTICES ~ ,,:..~ APPEAR; PROVIDING FOR TRAINING OF '~'.~.~7.~-~DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR "-- PO~ERS AND DUTIES OF DESIGNATED CODE :x:: ENI~3RCEMENT OFFICERS; PROVIDING FOR CIVIL ,~ INI~.ACTIONS; PROVIDING FOR CITATION AND NOTICES _..J -- TO ~PPEAR PROCEDURES; PROVIDING FOR TIlE FORM ;7' ,--, OF ~ CITATIONS AND NOTICES TO APPEAR; '~ ES~BLISHING A SLHEDULE OF VIOLATIONS, OPTIONS '~: ANI~ PENALTIES REGARDING CITATIONS AND NOTICES TO APPEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, § 125.01 (1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number &powers set forth in §125.01, Florida Statutes, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, §125.01(1)(t), Florida Statutes, provides that a County may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, §125.01(3)(a) & (b), Florida Statutes, recognize that the enumeration of powers in §125.01(I), Florida Statutes, shall be deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated and that §125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of this Section and to secure for the County the broad exercise of home rule powers authorized by the State Constitution; and WItEREAS, the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 92-80, as amended, "The Collier County Code Enforcement Boards Ordinance," pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act"; and WHEREAS, the intent and purpose of the Collier County Code Enforcement Board's Ordinance is to promote, protect and improve the health, safety and welfare of the citizens of the County by authorizing the creation of administrative boards, w:.th authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of the County, with the exception of traffic violations, where a pending or repeated violation continues to exist, including, but not hmited to, housing, occupational licenses, fire, development standards, building, zoning and sign codes; and WHEREAS; pursuant to the authority vested in Collier County by Chapter 162, Florida Statutes, and pursuant to Ordinance No. 92-80, as amended, the Board of County Commissioners of Collier County has designated certain employees and agents as Code Enforcement Officers, whose duty it is to assure code and ordinance compliance and who are responsible for the enforcement and/or implementation of codes and ordinances of the County; and WHEREAS, Chapter 162, Part II, Florida Statutes, provides for a "Supplemental Code Enforcement Procedure" whereby duly designated Code Enforcement Officers are authorized to issue citations or notices to appear to a person when, based upon personal investigation, an Officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the County Court will hear the charge; and WHEREAS, the Board of County Commissioners desires to establish, pursuant to the authority vested in it by Chapter 125, Florida Statutes, and Chapter 162, Part II, Florida Statutes, a supplemental county code or ordinance enforcement procedure with respect to those certain ordinances and codes, as further specified herein, and accordingly, duly designate specific Code Enforcement Officers with the authority to issue such citations and notices to appear, pursuant to Chapter 162, Part II, Florida Statutes. .\ 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: FINDINGS AND PURPOSE. The Board of County Commissioners does hereby make the following findings: 1. The provisions of§162.21-162.23, Florida Statutes, &Chapter 162, Part II, cited as "Local Government Code Enforcement Boards Act," is the specific authority which provides for a County to establish an additional and supplemental County code or ordinance enforcement procedure ordinance. 2. It is in the best interest of the citizens of the County to supplement Collier County Ordinance No. 92-80, as amended, by creating this Collier County Supplemental C.'dinance Enforcement Procedures Ordinance. 3. It is the intent and purpose of this Ordinance to promote, protect and improve the health, safety and welfare ofthe citizens of the County by authorizing the creation of this Ordinance which establishes a procedure by which duly designated Code Enforcement Officers are authorized to issue citations and notices to appear, under the circumstances set forth below, for civil infractions which are reasonably believed to be violations of duly enacted codes or ordinances and that the County Court wiIl hear such charges. 4. Whereas, the establishment of a schedule of violations and penalties shall promote enforcement of County codes and ordinances as well as judicial economy by providing for progressive sanctions for violations and avoiding the waste of judicial resources for uncontested matters. SECTION TWO: TITLE AND CITATION. This Ordinance shall be known and may be cited as the "Collier County Code Enforcement Citation Ordinance," and may be also commonly referred to, in short form, as the "Citation Ordinance." SECTION THREE: DEFINITIONS. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context .\ 3 clearly indicates a different meaning. Said definitions are inclusive as well as supplemental to those definitions set forth in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, as amended: !. Code Enforcement Officer refers to any designated employee or agent of the County whose duty it is to enforce codes and ordinances enacted by the County. Employees or agents who may be designated as Code Enforcement Officers, for the purposes of this Ordinance, may include, but are not limited to: Law Enforcement Officers, Code Enforcement Director, Code Enforcement Supervisors, Code Enforcement Investigators, and Code Enforcement Compliance Investigator for Revenue Services. 2. Notice to Appear refers to a written order issued by a Code Enforcement Officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. Ifa person refuses to sign the Not! ~e to Appear, the Code Enforcement Officer has no authority to arrest such person. 3. Person refers to and includes any natural person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, governmental agency, political subdivision, public officer or any other entity whatsoever, or any combination of such, jointly and/or severally. SECTION FOUR: APPLICABILITY. This Ordinance shall apply to and be enforced in all unincorporated areas of Collier County and shall be deemed in addition to and supplemental to Chapter 162, Part I and Part II, Florida Statutes, and to the Collier County Code Enforcement Board's Ordinance, Ordinance No. 92-80, as amended. SECTION FIVE: DESIGNATION OF CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS AND AUTHORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR. 1. Subject to the successful completion of the required training program, the following County employees or agents are hereby designated as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County Codes and Ordinances: Law Enforcement Officers; Code Enforcement Director, 4 Code Enforcement Supervisors; Code Enforcement Investigators; and Code Enforcement Compliance Investigator for Revenue Services. 2. Designation as a Code Enforcement Officer with authorization to issue citations and notices to appear does not provide the designated Code Enforcement Officer with the power of arrest or subject the Code Enforcement Officer to the provisions of §943.085-§943.255, Florida Statutes. SECTION SIX: TRAINING OF DESIGNATED CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS AND NOTICES TO APPEAR. The training of designated Code Enforcement Officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments which shall maintain in their respective department files P written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following: 1. THE CITATION AND NOTICE TO APPEAR a. Applicable laws and enabling legislation b. Purpose of citation and notice to appear procedures e. Powers and limitations of citation and notice to appear procedures 2. RESPONSIBILITIES OF THE CODE OFFICER a. Enforcement Policies 1. When to use citation and notice to appear power 2. Warnings 3. ISSUING CITATION AND NOTICE TO APPEAR a. Form of citation and notice to appear b. Applicable laws e. Warning notice required d. Court data e. Practice writing citations and notices to appear 4. SIGNATURE OF CODE VIOLATOR and/or REFUSAL TO SIGN a. What to do to obtain signature b. Procedure for refusal to sign c. How to obtain Sheriffs assistance d. Emergency contact procedures 5. PUBLIC CONTACT a. How to handle difficult situations b. Angry people 6. SWORN STATEMENTS O 7. KEEPING FILES a. Documentation and building a case b. What to do with files for court action 8. COURT ROOM PROCEDURES a. Appearance b. Demeanor c. Testimony d. Judges SECTION SEVEN: POWERS AND DUTIES OF DESIGNATED CODE ' ENFORCEMENT OFFICERS I. It shall be the duty of those persons designated in this Ordinance, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any of the following duly enacted codes or ordinances mentioned in Subsection 2, and that the County Court will hear the charge(s). 2. The following codes and/or ordinances may be enforced by the procedures set forth in this Ordinance: A. Collier County Land Development Code, Ordinance No. 91- 102 Violations as amended, violations: Unlicensed Vehicles, Sec. 2.6.7.1; Commercial Vehicles, Sec. 2.6.7.3; Dumpsters, Sec. 2.6.15; Fences, Sec. 2.6.11; Recreational Vehicles, See. 2.6.7.2; Signs, See. 2.5; Prohibited Uses, Sec. 2.1.15; Site Work Without Permit, Sec. 2.7.6. Par. 1 & 5; Landscaping and Buffering, Sec. 2.4.5. B. Collier County Ordinances: Litter,tExoties (Ord. No. 91-47); Housing (Oral. No. 89-06); Noise (Ord. No. 93-77); Occupational License (Ord. ."x 6 No. 81-42); Right of Way (Oral. No. 93-64); Vehicle for Hire (Ord. No. 95-66), and Solid Waste (Ord. No. 90-30). SECTION EIGHT: CIVIL INFRACTION. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided in Section Seven, is a civil infraction subject to the enforcement procedures set forth in this Ordinance and any other applicable enforcement procedure set forth in any other County Code/Ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. SECTION NINE: CITATION AND NOTICE TO APPEAR PROCEDURES. 1. Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a Code or Ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thir~ (30) days if a citation is issued. Such time period shall be no fewer than five (5) days and no more than thirty (30) days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcem~t Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Off~cer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. 7 2. Written warning notices, if applicable, and citations/notices to appear shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the Code Enforcement Officer or the Sheriff or other Law Enforcement Officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed 'to be an agent of the business for service of warning notices and citations/notices to appear. Said warning notice and/or citation/notice to appear may also be served on the Registered Agent for the business. 3. After issuing a citation or notice to appear to the alleged violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two (2) copies c :' the citation or notice to appear with the County Court. 4. Upon issuance of a citation or notice to appear, the following options apply: a. A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within thirty (30) days from issuance of the citation or notice to appear; or b. The person cited may contest the citation or notice to appear in County Court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the Clerk of Courts within thirty (30) days of issuance of the citation or notice to appear. 5. A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or h~r right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty ($500.00). 6. In the event a civil judgment is entered against a p~son pursuant to the provisions of this Ordinance, the County may record a certified copy of said judgment in the Official Records of Collier County. If a person pays the civil p~alty for which a civil judgment has been recorded, the Clerk of Courts shall notify the Collier County Code Enforcement Department when the judgment has been paid and a satisfaction of judgment shall be prepared and recorded in the Official Records of Collier County. 7. The provisions of this Section are an additional and supplemental means of enforcing County Codes and/or Ordinances and may be used for the enforcement of any applicable County Code or Ordinance as enumerated above. Nothing contained in this Ordinance shall prohibit the County from enforcing its Codes and/or Ordinances by any other civil, administrative and/or criminal means. 8. The provisions of this Section shall not apply to enforcement, pursuant to {}553.79, Florida Statutes, and {}553.80, Florida Statutes, of the Building Codes adopted to {}553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the County or a m::nicipality. For the purpose of this Subsection, "Building Codes" means only those codes adopted pursuant to {}553.73, Florida Statutes. SECTION TEN: FORM OF CITATIONS AND NOTICES TO APPEAR. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the County and shall contain: 1. The date and time ofissuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the Code or Ordinance violated. 6. The name and authority of the Code Enforcement Officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in County Court. 8. The applicable potential civil penalty if the person elects to contest the citation or notice to appear. 9 9. The applicable civil penalty if the person elects not to contest the citation or notice to appear. 10. A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in County Court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the Clerk of Courts against the person for the amount of the maximum civil penalty of $500.00. SECTION ELEVEN: ESTABLISHING A SCHEDULE OF VIOLATIONS, OPTIONS AND PENALTIES, REGARDING CITATIONS AND NOTICES TO APPEAR. !. The Board of County Commissioners hereby establishes, pursuant to Section One, Number 4 of this Ordinance, a schedule of violations and penalties to be assessed by Code Enforcement Officers for those Codes enforced pursuant to this Ordinance. 2. Schedple of violations and penattics: Code/Ordinance ' 1" Offense 2nd Offense 3ra Offense Name* Amount Amount Amount ~ec. 2.6.7.1 $100.00 $250.00 $400.00 Unlicensed Vehicles Sec. 2.6.7.3 $100.00 $250.60 $400.00 Comrnercial Vehicles Sec. 2.6.15 $100.00 $250.00 $400.00 Dumpsters Sec. 2.6.11 $100.00 $250.00 $400.00 Fences See. 2.6.7.2 $ i 00.00 $250.00 $',400.00 Recreational Vehicles Sec. 2.5 $100.00 $250.00 $400.00 Signs See. 2.1.15 $100.00 $250.00 $400.00 Prohibited Uses 10 Code/Ordinance 1*t Offense" 2*d Offense "3'a Offense Name* Amount Amount Amount Sec. 2.4.5 $ 100.00 $2~0.00 $400~60 Landscaping & Buffering Sec. 2.7.6, Par. I & 5 $100.00' $250.00 ' $400~00 Site Work Without Permit Ord. No. 89-06 $ 100.00 $250.00 $400.00 Housing Code Violations Ord. No. 91-47 $i00'.00 $250.00 $400.00' Litter/Exotics Ord. No. 93-77 $I00.00 $250.00 $4~00~00 Noise brd. 1,4'o. S ! -42 $100.00 $250.00 S400.O0 Occupational License Ord. No. 93 -64 , $ i 00.00 $250.00 " S400~00 " Right-of-Way Ord. No. 90-30 $100.00 $250.00 "$400.00 Solid Waste Ord. No. 95-66 $100.00 $250.00 $400.00 Vehicle for Hire *All CODES/ORDINANCES ARE DEEMED TO BE AS AMENDED. 3. The following options are available to a person who has been issued a citation or notice to appear in accordance with this 0rdinanee: a. If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth in this Ordinance, within thirty (30) days from issuance of the citation or notice to appear to the Clerk of the Circuit Court. b. If a person elects to contest a citation or notice to appear in County Court and, after trial before the Cou~.ty Court, is adjudicated to have committed a violation, a civil penalty not to exceed Five Hundred ($500.00) Dollars shall be imposed by the County Court. The County Judge may also order the violator to correct the violation. Court costs, legislative assessments and costs of' prosecution, all as provided for by la'~', shall be assessed by the County Court. 4. If a person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing and/or appear in County Court to contest the citation or notice to appear, the violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered by the Clerk against the person for the maximum civil penalty, in the amount of $500.00 per violation. 5. Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083, Florida Statutes. SECTION TWELVE CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION THIRTEEN: 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 FOURTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOFrED by the Board of County Commissioners of Collier County, Florida, this -f'/'/~ day of //2~ .;'7 1997. ATTEST: BOARD OF COUNTY DWIGHT E. BROCK, CLERK COMMISSIONERS, OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: 'rh~, o,,~;,,,,~.c- Secr~ory Df ~'..,:F~ O;;ice th, a filing received ihis lt~h' "'~ ChiefAssisl~nt County Attorney 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 copy of: ORDINANCE NO. 97-35 Which was adopted by the Board of County Commissioners on the 5th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th day of August, 1997. DWIGHT E. BROCK .' clerk of courts Ex-officio to Board' ~f , County commissione~ .: ~), ?,.7.:~;..I:'--. ~ .. y~..~Maureen KenyO~ u "~.~"