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Ordinance 96-78 ORDINANCE NO. 96-._.7.fl' AN ORDINANCE AI~IENDING ORDINANCE NO. 92-80, BY AMENDING CERTAIN DEFINITIONS TO DEFINE "HOLD-OVER TERM"; PROVIDING ~'~-i" FOR THE ESTABLISHMENT OF TWO CODE-7 ENFORCEMENT BOARDS; PROVIDING FOR~-;, " TWO ALTERNATE MEMBERS PER BOARD;' PROVIDING FOR THE INITIAL TERMS OF- APPOINTMENT OF EACH ALTERNATE MEMBER FOR EACII BOARD; PROVIDING FOR ': A tIOLD-OVER TERM FOR BOARD MEMBERS, INCLUDING ANY ALTERNATE MEMBERS; PROVIDING FOR A MAXIMUI%I FINE OF $250.00 PER DAY IN TIIE CASE OF A FIRST VIOLATION; PROVIDING FOR A MAXIMUM FINE OF $500.00 PER DAY FOR A REPEAT VIOLtXTION; PROVIDING FOR A MAXIMUM FINE OF $5,000.00 PER VIOLATION IN TIlE EVENT A CODE ENFORCEMENT BOARD FINDS THE VIOLATION TO BE IRREPARABLE OR IRREVERSIBLE IN NATURE; PROVIDING THAT NO LIEN PROVIDED UNDER THE ORDINANCE SItALL CONTINUE FOR A PERIOD LONGER THAN 20 YEARS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN TIlE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. W!IEREAS, on October 20, 1992, the Board of County Commissioners of Collier County adopted Ordinance No. 92-80, known and cited as the "Collier County Code Enforcement Boards Ordinance"; and WHEREAS, pursuant to Section 162.05(1 ), Florida Statutes, a County may appoint up to two (2) alternate members for each Code Enforcement Board to serve on the Board in the absence of Board Members; and WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01(3)(a) and Co), Florida Statutes, recognizes that the e~umeration of powers in Section 125.01(I), Florida Statutes, shall be deemed to incorporate all implied powers n~cessary or incident to carrying out such 1 Words ~ arc addcd; words ~ arc dclctcd. powers enumerated and that Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the Section and to secure for the counties the broad exercise of home rule powers authorized by the State Constitution; and W!IEREAS, the Board of County Commissioners of Collier County, Florida have determined that it is in the best interests of the citizens of Collier County to appoint and approve two (2) alternate members for each Code Enforcement Board created; and WtlEREAS, the Board of County Commissioners of Collier County has further determined that it is in the best interests of' the citizens of Collier County that in the exercise of its home rule powers Ordinance No. 92-80 be amended to provide for a hold-over term for those Code Enforcement Board Members, including alternatep, whose term(s) is(are) expiring during the pendency of an ongoing Code Enforcement case, and that such hold-over term shall be exclusively for the duration of the heating(s) of the pending Code Enforcement Board case through its conclusion and final vote; and WIlEREAS; pursuant to Section 162.10, Florida Statutes, no lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after a certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction; and WHEREAS, pursuant to Section 162.09(2)(:,), Florida Statutes, a Code Enforcement Board may impose a fine which shall not exceed $250.00 per day for a first violation and a fine which shall not exceed $500.00 per day for a repeat violation; and WHEREAS, pursuant to Section 162.09(2)(d), Florida Statutes, in the event a Code Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation; and WHEREAS, the Board of County Commissioners has determined that it is in the best interest of the public's health, safety and welfare that Ordinance No. 92-80 be amended to provide for: the appointment and approval of two (2) alternate members per Code Enforcement Board; a "hold. over" term; a fine not to 2 Words underlined arc added; words :,'r'--':k thr=::~;h arc deleted. cxcccd $250.00 per day for a first violation and a fine not to exceed $500.00 per day for a repeat violation; that in the event a Code Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5,000.00) per violation; and a lien of no more than 20 years unless appropriate foreclosure proceedings have commenced in a court of competent jurisdiction. NOW, TtIEREFORE, BE IT ORDAINlED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section Four of Collier County Ordinance No. 92-80. Section Fourl of Collier County Ordinance No. 92-80 is hereby amended to read as follows: ~ SECTION FOUR: Definitions. 1. "Clerk to the Code Enforcement Board" means the Clerk to the Board.of County Commissioners who shall be responsible for minutes and other records of a Code Enforcement Board, and such other matters as provided for herein. 2. "Enforcement Board" means a Collier County Code Enforcement Board. 3. "Code Enforcement Official" means any authorized agent or employee of Collier County whose duty it is to assure code and ordinance compliance and who is responsible for the enforcement or implementation of codes and ordinances of Collier County. 4. "Commission" means the Board of County Commissioners who is the local governing body in and for Collier County, Florida. 5. "County Attorney" means the legal counsel to the Board of County Commissioners of Collier County, Horida. 6. "Person" means an individual, association, finn, partnership, corporation, or other legal entity. Words underlined are added; words :',r--'ck :.%r~,::g~ are deleted. 7. "Prosecutor" means the County Attorney, an Assistant County Attorney, or any member of the County staff who presents cases before an Enforcement Board. 8. "Violator" means a person alleged to, or who has been found to have violated any code of Collier County, which a Code Enforcement Board has jurisdiction to enforce. 9. "Hold-Over Term" means the continuation of an expired term of a Code Enforcement Board member, (including any alternate member), who. prior to the expiration date of such member's term_. presided over the presentation of a case hearing that had not reached conclusion with a final vote by the time of the expiration date of such term. Such continuation of a member's expired term shall be extended forithe limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a reheafing is _re'anted. such member's term should continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. SECTION TWO: Amendments to Section Five of Collier County Ordinance No. 92-80. Section Five of Collier County Ordinance No. 92-80 is amended to read as follows: SECTIONFIVE:Composition; Appointment and Terms of Members. I 'n,. r,,,,:.. r- ......r,^,~, c.r ......., n^^.,~ iS hereby appcin,'ed 57 the Ccmmlsslcn. The Commission may appoint one or more seven member Boards. with two (2) alternate members. Two (2) Collier Coun~l Code Enforcement Boards arc hereby established and shall each consist of seven (7) members. with two (2) alternate members, who shall be appointed by the Commissiotl. All members of the Code Enforcement Boards shall be permanent residents and electors of Collier County and shall serve without compensation. 4 Words underlined arc added; words .....~' '~' .....t. arc dclclcd. Members may be reimbursed for such travel, mileage and per diem expenses as may be authorized, in advance, by the Commission. 2. Prior to making appointments to a Code Enforcement Board, the Commissioner's staff shall provide the Commission with a list outlining the qualifications and demographic background of cach candidate for Board membership, along with a list detailing the qualifications, demographic backgrounds and term expiration of present members of as Code Enforcement Board. 3. The appointment of members to a Code Enforcement Board shall be made on the basis of experience or interest in the fields of zoning and building control, or other areas as are relevant to the codes of the County which arc to be enforced. The membership of the Code Enforcement Boards shall, whenever possible, include, but not be limited to, an architect, a businessman, an engineer, a general contractor, a subcontractor and a Realtor. 4. The initial terms of appointment of members shall be as follows: (a)Two (2) members appointed for a term of one ( 1 ) year. (b) Three (3) members appointed for a term of two (2) years. (c) Two (2) members appointed for a term of three (3) years. (d) One (1) alternate member for a term of two (2) years and the other alternate member for a term Of .5.. In the eYent any member's term_ including that of any alternate member's term. expires during the pendency of a case(s) which has not reached conclusion by a final vote; such member's expired term shall be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for reheari~2g has passed. In the event a rehearing is _eranted. such member's term shall continue for the 5 Words underlined arc added; words r.t."'.:.~.v. thre::gh arc deleted. limited time and limited purpose to rehear the matter and reach conclusion by final vote. 6. After initial appointments, all appointments shall be made for a term of three (3) years. A member may be reappointed by the Commission for one (i) successive term, provided, however, that nothing herein shall prohibit any individual from being reappointed to a Board after a hiatus of two (2) years. An appointment to fill a vacancy on a Code Enforcement Board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive board meetings without a satisfactory excuse and without prior approval of the Chairman, the Code Enforcement Board shall declare the member's office vacant and the Commission shall promptly fill the vacancy. Vacancies occurring on a Code Enforcement Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are 'to be posted in the County libraries and County , Courthouse.. Members of a Code Enforcement Board may be suspended or removed for cause by the Commission. SECTION THREE: Amendments to Section Eleven of Coillet County Ordinance No. 92-80. Section Eleven of Collier County Ordinance No. 92-80 is amended to read as follows: SECTION ELEVEN: Penalties. gnf~re~.-~.,en: OPq.:zSa! t~a: a Frz;'ieuz erdzr ef :.~.e Se=~ .~.az .'~: ~een e.~Ch t;^,, tl.,~ ,,;~lnt; ..... ,; ....... , ,'hA el~,, ~At ~ ...... 1; ...... Words underlined are added; words r.:r--'ck '~- ......~- are deleted. 1. A Code Enforcement Board, upon notification by the Code Enforcement Official that a previous order of a Board for a first violation has not been complied with by the specified time, may order the violator to pay a fine which shall not exceed two hundred fifty. dollars ($250.00} per day for each day the first violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed five hundred dollars ($500.00) per day for each day the repeat violation continues: and a heating shall not be necessary. for the issuance of the order. If a Code Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed five thousand dollars ($5_.000.00) per violation. 2. In determining the amount of the fine, if any, an Code Enforcement Board shall consider the following factors: (a) The gravity of the violation; (b) Any actions taken by the violator to correct the violation; and (c) Any previous violations committed by the violator. 3. A certified copy of an order imposing a fine may be recorded in the public records and thereafter constitute a lien against the land in which the violation occurred or exists and upon any other real or personal property owned b:t the violator; and it 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. After six (6) months from the filing of any such lien which remains unpaid, the Code Enforcement Board may authorize the County Attorney to foreclose on the lien. No lien created pursuant to this Ordinance may be foreclosed on real property which is a homestead under Section 4, Article X of the Florida Constitution. No lien provided under this Ordinance shall continue for a period longer than rF,,F(-5-) twen_ty (2.0~ years after the certified copy of an order imposing a fine has been recorded, unless within that time 7 Words ~jnderlined arc added; words :tr-'-ek '~' ..... ~' arc deleted. an action to foreclose on the !icn is commenced in a court or competent jurisdiction. The continuation or the lien cffected by the commencement of this action shah not be good against creditors or subsequent purchasers for a valuable consideration without notice, unless a Notice orLis Pendens is recorded. SECTION FOUR: Conflict And Severability. The provisions of this Ordinance shall be liberally construe-I to effectively carry out its purposes in the interest of public health, safety, welfare and convenience. If any Section, phrase, sentence or portion of this Ordinance is for any reason hcld invalid or unconstitutional by any court of competent jurisdiction, such portion shall bc deemed a separate, distinct and independent provision and such holding shall ~ot affect the validity of the rcmaining portion. SECTION FIVE: Inclusion in the Code of Laws and Ordinances. The provisiohs of this Ordinance shall become and bc made a part of the Code of Laws and' Ordinances of Collier County, Florida. The sections of the Ordinance may be tenumbered or rclcttered to accomplish such, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION SIX: Effective Date. This Ordinance shall become cffective upon filing this Ordinance with the Secretary of State. Words undcrlined arc added; words stFuek-th~ arc dclctcd. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ '~ day of ~ __, 1996. ATTEST: BOARD OF COUNTY COMMISSIONERS I~WIGHT'E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA · ;o., · :. '~L ~ HN C. N~ · "~. ~" /. By: '.'.'~.~:..~....'~" (L~ _ ~c*,- - ~, , . Approved as to forth and legal sufficiency: ~-~ .~ ..... ....... ., F ,~ . Shirley Jean McEachem Assistant County Attorney h:~'dinanc, t'~,eballernelet4jm Words ~ are added; words s,~q~,-lht~gh are deified. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do herek~y certify that the foregoing is a tru& copy of: ORDINANCE NO. 96-78 Which was adopted by the Board of County Commissioners on the 3rd day of December, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of CoUnty Commissioners of Collier County, Florida this 4th day of:~e~mber,,' 1996. "~;' '/' "' - ~put~ cler~ ':~,'!... ~-~,~',~,~ ::, ..