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Ordinance 96-76 A}~ ORDINANCE AMENDING ORDINANCE NO. 89-06, THE COLLIER COU~TY HOUSING ORDINANCE, BY PROVIDING FOR: SECTION ONE, AMENDMENTS ADDING A NEW SECTION SIX ENTITLED RENTAL DWELLING UNIT REGISTRATON REQUIREMENTS AND PROCEDURES; SECTION TWO, AMEh'DMENTS TO SECTION SIX, ESTABLISHMENT OF HOUSING OFFICIAL, TO RENUMBER SAID SECTION, CHANGE THE DESIGNATION OF HOUSING OFFICIAL TO CODE ENFORCEMENT DIRECTOR AND TO CHANGE REFERENCES TO SECTION NUMBERS WITHIN THE TEXT; SECTION THREE, AMENDMENTS TO SECTION SEVEN, INSPECTIONS OF STRUCTURES A/qD PREMISES, TO RENUMBER SAID SECTION AND TO CHANGE REFERRENCES TO SECTION NUMBERS WITHIN THE TEXT; SECTION FOUR, AMENDMENTS TO SECTION EIGNT, NOTICE OF VIOLATION PROCEDURES, TO RENUMBER SAID SECTION, TO ADD NOTICE PROVISIONS TO LENDERS AND TO CHANGE REFERENCES TO SECTION NUMBERS WITHIN THE TEXT; SECTION FIVE, REPEAL OF ORDINANCE NO. 80-5, TO RENUMBER SAID SECTION; SECTION SIX, PENALTIES, TO RE]PJMBER SAID SECTION; SECTION SEVEN, LIBERAL CO~STRUCTION; SECTION EIGHT , INCLUSION ~N THE CODE OF LAWS AND ORDINANCES; SECTION NINE, CONFLICT AND SEVERABILITY AND SECTION TEN, EFFECTIVE DATE. WHEREAS, wlthin the Jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maint~nance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwellings and dwelling units unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and W]{EREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, inadequate sanitary facility, overcrowded conditions in residential occupancies, building and premises, and from general neigh/~orho~ neglect; and ~EREAS, such unsafe and unsanitary conditions can be improved and often eliminated or prevented through adopted and enforced housing standards, resulting in the upgrading of living Words struck '~ ..... ~ are deleted; words underlined are added. conditions and an overall enhancement of the general health, safety and welfare of all residents and property owners of the community; and WHEREAS, experience and national housing surveys also demonstrate that the above conditions occur with greater frequency in the rental dwelling unit situation especielly because of the absentee landlord; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM]4ISSIONERS OF COLLIER COUP, FLORIDA T}{AT: SECTION ONE: AMENDMENTS ~tDDING RENTAL DWELLING UNIT REGISTRATION REQUIREMENTS AND PROCEDURES. Ordinance No. 89-06, The Collier County Housing Ordinance, is hereby amended to add a new Section Six entitled "Rental Dwelling Unit R~gistration Requirements and Procedures" to read as follows: Words e~ are deleted~ words underlined are added. -2- Development and Environmental Services Administrator. or his designco. and include at a minimum the following information a. The name and address of the applicant. b. The names and addresses and telephone numbers of all owners of the rental dwelling. c. The name. local address and telephone number of the responsible local agent or operator. d. The number of rental units in each dwelling and the address of the rental dwelling. e. The name and address of any mortgage holder. Registration shall be made prior to the use or occupancy of any rental dwelling or rental unit. The term of the registration shall be valid as long as the owner of such unit remains unchanged. Anyi new owner or new agent shall register in accordance withthe provisions o[ this Ordinance within ten days of the transfer of ownership or agency, 3. LOCAL AGENT OR OPERATOR - The local agent or operator shallbeaJerson or representative of a corporation. ;L~rtnership. firm. Joint venture. trust. association. organization or other entity. having his or her place of I~e~/~]]f~.~althe County and shall be designated by the owner to operate such premises in compliance with the provisions of this Ordinance. The owner may act as the local agent so long as he residues in the County. All official notices of violation of this Ordinance shall be issued to the agent or operator and any notice so issued shall be deemed to have been issued upon the Owller of SECTION TWO: AMENDMENTS TO SECTION SIX, ESTABISHMENT OF HOUSING OFFICIAL - DESIGNATION, POWERS ~ DUTIES. Section Six entitled "Establishment of Housing Official," of Ordinance No. 89-06, the Collier County Housing Ordinance is hereby amended to read as follows: SECTION SIX ~'3[E]~. ESTABLISHMENT OF HOUSING OFFICI)~L - DESIGNATION; POWERS AND DUTIES. Words struck ~ ..... ~ are deleted; words underlined are added. -3- There is hereby established the position of Housing Official who is hereby charged with the duty of administering the applicable standards set forth in this Ordinance and securing compliance with all applicable provisions of this Housing Code. The Ccntractcrz Liccnzlng an~ Cod~ Enfcrccmcnt SupcF:isor Code Enforcement Director is hereby designated to be the Housing Official established by this section. The Housing Official is hereby authorized and directed to: 1. Make such inspections or take other, appropriate actions as may be necessary to effectuate the purposes and intent of this Housing Code and to initiate appropriate action to require compliance where such inspections disclose any instances of non- compliance with the Housing Code; 2, To reFeive and investigate complaints of alleged housing code violations or other unsafe or unsanitary housing conditions. In the course of such investigations the Housing Official shall gather all relevant information relating to said complaints, to conduct field investigations and inspections of real property where necessary and to enter upon real property in the conduct of official business as authorized by Section S?..r~.~ EIGHT of this Housing Code; 3. To issue notices of violation and w"ritten demands to correct Housing Code violations in accordance with the procedures set forth in Section =IC~TNINE of this Housing Code; 4. To initiate such other criminal or civil enforcement procedures as may be authorized by law to require compliance by any owner, operator, occupant or other responsible party with the provisions of this Housing Code; 5. To appoint Housing Code Inspectors to assist the Housing Official in enforcing the provisions of this Housing Code. SECTION THREE: A~MENTS TO SECTION SE~'Elq, INSPECTIONS OF STRUCTURES E PREMISES Words struck through are deleted; words underlined are added. -4- Section Seven, entitled 'Inspection of Structures and Premises of Ordinance No. 89-06, the Collier County Housing Ordinance is hereby amended to read as follows: SECTION SE~r~4 ~IGHT. INSPECTIONS OF STRUCTURES AND PREMISES. 1. The Housing Official and all Housing Code Inspectors are authorized and directed, in accordance with this Section, to enter and inspect dwellings, dwelling units, buildings, structures and premises to determine their condition in order to assure compliance with the provisions of this Housing Code or upon receipt of cow~plaints or when the Rousing Official has cause to believe a violation of this Housing 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 Officta~ and the owner, operator or occupants. 2. Before entering into any dwelling, dwelling unit, building, structure or upon premises subject to the provisions of this Housing Code, the Housing Official or the Housing Code Inspector shall attempt, but shall not be required, to secure the written consent of the owner, operator or occupant of said premises. In securing such written permission or at the time of inspection, the Housing Official or the Housing Code Inspector shall present County-issued identification and shall explain to the owner, occupant or operator the purpose of the inspection. 3. The owner, operator, occupant or other person in control of the dwelling, dwelling unit, building, structure or premises shall allow the Housing Official or any Housing Code Inspector free and unrestricted access to all areas subject to the provisions of this Code for purposes of a full and complete inspection and examination. Failure to provide or allow free and unrestricted access to the Housing Official or Housing Code Inspector for purposes of inspection shall constitute a violation of this Housing Code and shall be punishable as set forth in Section ~ F.J~ of this Housing Code. Further, in the event that the Housing Official or a Housing Code Inspector is denied Words u%ruck thrcugh are deleted; words underlined are added. -5- access or cannot obtain access to a dwelling, dwelling unit, building, structure or premises for purposes of inspection, the Housing Official or Housing Code Inspector is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection pursuant to Chapter 933, Florida Statutes (1987). SECTION FOUR: AM~M~S TO SECTION EIGHT, NOTICE OF VIOLATIONS PROCEDURES. Section Eight entitled 'Notice of Violations Procedures' of Ordinance No. 89-06, the Collier County Housing Ordinance is hereby amended to read as follows: SECTION B~ NINl~. NOTICE OF VIOLATIONS PROCEDURES. When the Housing Official or Housing Code Inspector determines that. a violation of this Housing Code exists, the following action shall be taken: 1. The HBusing Official or Housing Code Inspector will give written notice of any alleged violation of the provisions of this Housing Code to the owner, operator or other party responsible for the dwelling, dwelling unit, building, structure or premises. A copy of the wT~tten notice will be provided to =he mortgage lender. if anyL Such wlritten notice shall include the following: a. A description of the location of the structure involved, either by street address or legal description; b. A statement of the nature of the violation and the reason why the notice of violation has been issued; c. A citation to the Section of Sections of this Housing code upon which the violation is based; d. If repairs or alterations will bring the structure into co~liance with this Housing Code, a statement of the nature and extent of such repairs or alterations necessary to comply with this article; Words struck through are deleted~ words underlined are added. -6- e. If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are to be made; f. If the violation is of such character that repairs or alterations cannot bring the str~cture into compliance, a statement to the that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises; g. The name or names of persons upon whom the notice of violation is served as stated in subsection (2) of this Section; h. A statement advising that the failure of the owner or other responsible party to cure the violation within the time period stated w~ll result in the Housing Official taking any and all action as may be permitted by law to require compliance. 2. The written notice of violation referred to above shall be served upon the owner or his agent or the operator, as well as upon the occupant of the premises, if the premises are not occupied by the owner. A copy of the notice of violation will be provided to the mortgage lender. if any. Such service of notice shall be deemed complete if a copy thereof is personally delivered or, if personal delivery is refused or cannot be made within the limits of Collier County, upon mailing by Certified Mail, Return Receipt Requested, to the last knowIx address of the owner as shown on the tax rolls of the County. If service of the notice is made by certified mail, a copy of said notice shall also be posted in a conspicuous place on the premises at which the violations are located for a period of not less than 48 hours. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 48 hour time period having lapsed. 3. The Housing Official is authorized to condemn and placard any building, dwelling, structure or accessory structure which is in violation of this Code and is unsafe, unfit or Words struck through are deleted; words underlined are added. -7- unsanitary/for human occupation. The Housing Official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said Housing Official shall be subject to the penalties of Section T.tZN., ELEVEN of this Housing Code. Any unauthorized person removing, defacing or mutilating any such notice, order of placard as provided for in this Code shall be deemed to be in violation of this Code and shall be subject to punishment as provided in Section~Et4 ELEVEN of this Ordinance. SECTION FIVE: AMENDMENTS TO SECTION NINe, REPEAL OF ORDINANCE NO. 80-5. Section Nipe, entitled "Repeal of Collier County Ordinance No. 80-5 of Ordinance No. 898-06, the Collier County Housing Ordinance is hereby amended to read as follow: SECTION NI~ TEN. . . 80-5. Collier County Ordinance No. 80-5 relating to Community Development ~lock Grant program guidelines and establishing a Community Development Block Grant Project Area Standard Housing Code is hereby repealed in its entirety. SECTION SIX: AMENDMENTS TO SECTION 'fEN, PENALTIES. Section Ten, entitled 'Penaltieg" of Ordinance No. 89-06, the Collier County Housing Ordinance is hereby amended to read as follows: SECTION T~Z E/~- PENALTIES. If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor end shall be punished by a fine not to exceed Five Hundred Dollars [$500.00) or by Words struck thrcugh are deleted; words underlined are added. -8- imprisonment not to exceed Sixty (60} days in the County Jail, or both, in the discretion of the Court. Each violation of non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation of non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent Jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for inJunctive relief or an action at law for damages. Further, nothing in this[ Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION SEVEN. LIBERAL CONSTRUCTION. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION EIGHT. INCLUSION IN T~B 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 Ordinances may be tenumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE. CONFLICT AND SEVERABILITY. Words struck ~ ..... ~ are deleted; words underlined are added -9- In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, e distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TEN. EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State. PASSED ~ DUL~ADOPTED by the Board of County Commissioners of Collier County,; Florida, this ~___~_~ day of?~~, 1996. ATTEST: BOARD OF County COMMISSIONERS DWIGHT E. BROCK', CLERK COLLIER County, FLORIDA C. NO~ APPRO%rED AS TO FORM A/qD '~" ., , · ASSZS~ CO~ ~TTO~ By_~ r:~w~D~in=nces~Collia CounP/ilousinI Code An~"m:lr~-nt I I -96 Words e{-~ek--~e~F~eu~ are deleted; words underlined are added. 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. 96-76 Which was adopted by the Board of County Commissioners on the 26th day of November, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of November, 1996. DWIGHT E. BROCK Clerk of Courts and.Cierk' Ex-officio to Boar~'df -. County Commissio~.~  : :Maureen Kenyon Deputy Clerk