Ordinance 2010-02
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ORDINANCE NO. 2010 - 02
,AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-58, AS
AMENDED, KNOWN AS THE COLLIER COUNTY PROPERTY
MAINTENANCE CODE, BY AMENDING SECTION FOUR, DEFINITIONS,
AND SECTION SIX, COMPLIANCE WITH HOUSING STANDARDS,
DELETING IN ITS ENTIRETY SECTION SEVEN, RENTAL REGISTRATION
REQUIREMENTS AND PROCEDURES, AMENDING SECTION NINE,
INSPECTIONS OF STRUCTURES AND PREMISES, SECTION TEN, NOTICE
OF VIOLATION PROCEDURES, SECTION ELEVEN, METHOD FOR
DESIGNATION AND ELIMINATION OF HAZARDOUS CONDITIONS,
SECTION TWELVE, STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDINGS BY THE COUNTY, SECTION THIRTEEN,
ASSESSMENT OF COSTS TO THE OWNER WHEN ABATEMENT
EXECUTED BY COUNTY, SECTION FOURTEEN, NOTICE FOR VACATION
OF HAZARDOUS BUILDINGS, SECTION SEVENTEEN, CERTIFICATE
REQUIRED FOR BOARDING BUILDING, SECTION TWENTY-ONE, COSTS
INCURRED BY THE COUNTY; ASSESSMENT OF LIEN, SECTION
TWENTY-TWO, NOTICE OF HEARING FOR REVOCATION OF BOARDING
RENEWAL CERTIFICATE, AND SECTION TWENTY-FOUR, PENALTIES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 23, 2004, the Board of County Commissioners (Board) adopted
Ordinance No. 2004-58, repealing prior County ordinances and establishing a property maintenance
code for the unincorporated area of Collier County to be known as the "Collier County Property
Maintenance Code;" and
WHEREAS, on November 13, 2007, the Board amended the Collier County Property
Maintenance Code through its adoption of Ordinance No. 2007-70; and
WHEREAS, the Board desires to further revise Ordinance No. 2004-58, as amended, to
remove references to the Rental Registration Program, specify that liens are assessed by the Code
Enforcement Board or the Special Magistrate, and add regulations relating to inspections of structures
and the associated costs incurred by the County.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Property
Maintenance Code."
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SECTION TWO: PURPOSE AND SCOPE.
1. This Ordinance establishes minimum standards for the maintenance, upkeep, and appearance
of improved and unimproved premises; to minimize impacts of eonstruction; and provides a just,
equitable and practicable method to prevent:
a. Residential and commercial buildings, struetures, and premises from causing and/or
endangering life, limb, health, safety or welfare of the general public or their occupants; or
b. Diminished property values; or
c. Detraeting from the appearance of the residential area.
2. The provision of this Ordinance shall apply in the unincorporated area of Collier County to
every portion of a building or premises, used or intended to be used as a dwelling unit in whole or in
part, and every portion of a commercial or non-residential building or structure, regardless of the
primary use of such building or structure and regardless of when such building or structure was or is
constructed, altered or repaired.
SECTION THREE: GENERAL PROVISIONS.
1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior
code under which the structure or premises was constructed, altered or repaired, shall be maintained
in good working order. The requirements of this code are not intended to provide the basis for
removal or abrogation of the fire protection, safety systems and devices in existing structures. Except
as otherwise specified herein, the owner shall be responsible for the maintenance of buildings,
structures and premises.
2. Application of other codes. Repairs, additions or alterations to a structure, or change of
occupancy shall be performed in accordance with the procedures and provisions of the code
applicable at the time of construction. Nothing in this Code shall be construed to cancel, modify or
set aside any provisions of this section.
3. Existing remedies. The provisions in this Code shall not be construed to abolish or impair
other remedies of any local, state or federal jurisdiction or its officers or agencies relating to the
removal or demolition of any stmcture.
4. Requirements not covered by this Code. The Building Official shall determine requirements
necessary for the strength, stability or property operation and general conditions acceptable for an
existing fixture, structure or equipment not specifically covered by this code.
5. Deviation jrom Code. Where practical difficulties are prohibitive in carrying out the
provisions of this Code, the Community Development Administrator or dcsignee, in coordination
with the appropriate licensed authority, if applicable, has the authority to grant modifications for
individual cascs. Thc modification shall be in compliance with the intcnt and purposc of this Code
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and shall not lesson health, life and fire safety requirements. The basis for granting modifications
shall be recorded and entered in the Department files.
6. Compliance. It shall be the duty of each and every owner and operator of improved or
unimproved property within the unincorporated County to comply with the requirements set forth in
this Ordinance. No premises or building, or combination, shall be used in a manner inconsistent with
or in conflict with the requirements of this Ordinance.
7. Conflict with other codes. The provisions of this article shall apply to all buildings, structures
or premises in existence or built within the unincorporated County. Where the provisions of this
Ordinance impose a standard different than that set forth in any other County ordinance or state law,
the most restrictive standard shall apply.
SECTION FOUR:
AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-
58, AS AMENDED.
Section Four of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION FOUR:
DEFINITIONS.
When used in this Code, the following terms shall have the following meanings, unless the
content elearly otherwise requires:
I. ACCESSORY USE OR STRUCTURE - a use or structure of a nature customarily incidental
and subordinate to the principal use or structure, and, on the same premises. On the same premises
with respect to accessory uses and structures shall be construed as meaning on the same lot or on a
contiguous lot in the same ownership. Where a building is attached to the principal building, it shall
be considered a part thereof: and not an accessory structure.
2. ATTIC - any story situated wholly or partly in the roof, so designated, arranged or built to be
used for storage or uninhabitablc space.
3. BOARD - Board of County Commissioners of Collier County, Florida.
4. BOARDING - the placemcnt of plywood or some typc of construction material as a temporary
barrier to cover and obscurc a window, storcfront or acccss to a structure.
5. BUILDING - a structure of any kind, which is built or constructed of parts joined together in
some definite manner, which requircs a fixed location on, or in the ground attached to something
having a fixed location on or in the ground.
6. BUILDING CODE - the Florida Building Code, or its successor, as amendcd by the Collier
County Board of County Commissioncrs.
7. BUILDING OFFICIAL - the individual charged with the responsibility to administrate,
supervise, direct, enforce, or perform the permitting and inspcction of construction, alteration, repair,
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remodeling, or demolition of structures and the installation of building systems to ensure compliance
with the Florida Building Codc.
8. CODE ENFORCEMENT BOARD - The Collier County Code Enforcement Board created by
the Collier County Code Enforcement Board Ordinance as authorized by Chapter 162, Florida
Statutes.
9. CODE ENFORCEMENT INVESTIGATOR - any authorized agent, representative, or County
employee designated by the Housing Official to ensure compliance and enforcement of the provisions
of this Code.
10. CONDEMNATION - the declaration by a Housing Official or designee that a property or
structure is unfit for use or habitation or dangerous to person or other property pursuant to Chapter
553, Part VI, Florida Statutes, with consultation from the Fire Department, Health Department,
Building Official, or other applicable agency.
11. COUNTY MANAGER - County Manager or his designee.
12. DANGEROUS BUILDINGS AND STRUCTURES - all buildings, dwelling units or structures
which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or
which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to
existing usc constitutes a hazard to safety or health by reason of inadequate maintenance,
dilapidation, obsolescence, or abandonment. Additionally, any building, dwelling unit or structure
that is deemed to be elassified as anyone of the following:
a. A structure or dwclling unit, which, in the opinion of the Fire Inspector constitutes a
fire hazard; or
b. A structurc or dwclling unit, which in the opinion of the Health Inspector, constitutes a
threat to the health of its occupants or to the health of the general public by reason of the
unsanitary, infectious or defcctive condition of said building; or
c. A structure or dwelling unit, which in the opinion of the Building Official or designee
or a Florida State Certified engineer falls below minimum structural standards; or
d. A structure or dwelling unit, the interior walls or other vertical structure members of
which list, lean or buckle to the extent that plumb line passing through its center of gravity
falls outside of the middlc third of its base; or
e. A structure or dwelling unit, exclusive of thc foundation, which evidences 33% or
greater damage to or deterioration of the non-supporting, enclosing, or outside walls or
covenng; or
f. A structure or dwelling unit existing in violation of any provision of the Building Code
or any other ordinance of the County.
13. DEBRIS - any material which is stored externally or internally and shall inelude, but not be
limited to the following: discarded household items; inoperative or discarded machinery, automobiles
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or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing
fixtures, insulation, and other building material.
14. DETERIORATION - a lowcring in quality in the condition or appearance of a building or
parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, mold/mildew, graffiti or
any other evidence or physical decay or neglect, or excessive use, or lack of maintenance, including
the landscaping and parking areas.
15. DILAPIDATED - substantial deterioration of a building or parts thereof: such that said
building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally
intended.
16. DWELLING UNIT - A single unit within a building providing complete independent living
facilities for one or morc persons including permanent provisions for living, sleeping, eating, cooking
and sanitation.
17. ELECTRICAL CODE - National Electrical Code, as it may be amended or its successor.
18. FIRE INSPECTOR - One certified to have met the inspection training requirements by the
Division of Sate Fire Marshall of the Department of Insurance.
19. GARBAGE - any animals or vegetable waste resulting from the handling, preparation,
cooking, and consumption of food, including food containcrs of any type.
20. GAS CODE - the Building Code rcvisions, as may be amended or its successor.
21. HABITABLE ROOM - a space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, elosets, halls, scrcen enclosures, storage or utility space, and similar
areas are not considered habitable space.
22. HEALTH INSPECTOR - the Director of the Collier County Health Department or his or her
designee.
23. HOUSING OFFICIAL - the officer charged with the administration and enforcement of this
Code or a duly authorized rcprescntative or representativcs. The Code Enforcement Director is
hereby dcsignated to be the Housing Official.
24. IMPROVED PROPERTY - real property, which contains a building(s) or other structural
improvements.
25. INFESTATION - the prcsencc within or around a structure of insects, rodcnts, or pests, which
are detrimental to the public health, safety, and general wclfare of thc residents or occupants, or
neighboring properties.
26. INOPERATIVE VEHICLE(.\} - vehicles or trailers of any type that are not immediately
operable, used for the purpose for which they were manufactured, in need of mechanical or electrical
repairs or the replacement of parts, do not meet the definition of recreational vehicle as defined in the
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Collier County Land Development Code, do not meet the Florida Safety Code, or does not have
current valid license plates.
27. LOC1L ,1GKVT OR OPERATOR a perSOH or represeHtative of a eOfj'loratioH, partHership,
firm, joint 'ieHture, trust, associatioA, orgaHizatioH or otHer eHtity, haviHg His or her plaee of resideHee
in Collier COUHty uHd desigHated BY the ovmer to maiHtaiH sueh premises iH compliaHee witH tHe
provisioHs of this OrdiHaHee liHder tHe ReHtal Registra(ioH SeetioH. The owner may aet as tHe loeal
ageHt so long as he/she resides iH the Cmmty.
;!& 27. NONRESIDENTIAL STRUCTURE - any structure that is not a residential structure. This term
shall include, but is not limited to, any occupied or unoccupied structure, commercial structures or
buildings, mixed use buildings or structures that include both dwelling units and office or retail
combinations, and every other structure that is not a dwelling.
;w 28. NUISANCE - Unsanitary conditions or anything offensive to the senses or dangerous to
health.
:w 29. OCCUPANT - any person living, sleeping, cooking or eating in, or having actual possession
of a dwelling unit, within the confines of any building or structure.
* 30. OPENABLE AREA - any part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
~ 11. OWNER - the holder of the title of property, if fee simple, and any person, group of persons,
company, association or corporation in whose name tax bills on the property are issued. It shall also
mean any person who, alone or jointly or severally with others: (a) shall have legal title to any
dwelling unit, with or without accompanying actual possession thereof; or (b) shall have charge, of or
control of any dwelling unit, as owner, personal representative, executor, executrix, administrator,
trustee, guardian of the estate of the owner, mortgage or vendee in possession, or assignee of rents,
lessee, or other person, firm, or corporation in control of a building; or their duly authorized agents.
Any such person thus representing the actual owner shall be bound to comply with the provisions of
this Code, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the
owner. It is his responsibility to notify the actual owner of the reported infractions of these
regulations pertaining to the property, which apply to the owner.
H 32. OXYGEN DEPLETION SENSING SYSTEM (ODSS) - an automatic pilot and shutoff system.
Incorporates a pilot designed to be stable within narrow conditions of operation, which is designed to
blowout or lifi ofT under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve.
'M 33. PERSON - any individual, firm, corporation, association, partnership or other entity.
~ 34. PLUMBING CODE - the Building Code revisions as may be amended or its successor.
~ 35. PREMISES - a lot, plot or parcel of land, or portion thereof: including the buildings or
structures thereon.
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37. PROPERTY for the purposes of rental registration "property" means a parcel or contiguous
parcels with any number of rental units located thereupon uHder commOH ownership and/or
maHagemeHt.
38. RENT,1L REGISTRATIONS the registeriHg of residential rental uHits 'Nith the Collier
County Code Enforcement Department.
39. RENT,1L Ul'llT ,^. rental anit is any dwelling unit that is not ovmer occupied but occupied by
someone other thaH the owner for any portion of a calendar year.
4{) 36. RESIDENTIAL STRUCTURES - any dwelling unit or structure where any part is used or
intended to be used for living, sleeping, cooking or eating.
4+ 37. RUBBISH-any waste material other than garbage.
42 38. SKYLIGHT - an opening through the roof and ceiling to admit light to a room, ineluding the
window portion therein. The assembly mayor may not have an operable section to provide
ventilation.
4:; 39. SPECIAL M,1STER MAGISTRATE - an attorney designated by the Board of County
Commissioners pursuant to Chapter 162, Florida Statutes who has the authority to hold hearings and
assess fines against violators of Collier County Codes and Ordinances.
44 40. STAIRWA YS - one or more flights or stairs and the necessary landings and platforms which
form a continuous and uninterrupted passage from one story to another, within or attached to the
exterior of a building or structure.
#:!l. STORY - that portion of a building including between the upper surface of any floor and the
upper surface of the floor next above, except that the topmost story shall be the portion of a building,
ineluded between the upper surface of the topmost floor and the ceiling or roof above.
46 42. STRUCTURE - anything constructed or erected which requires the fixed location on the
ground, or in the ground, or attached to something having a fixed location on or in the ground,
including, but not limited to, fences, buildings, towers, smokestacks, utility poles and overhead
transmission lines.
4-7 43. SUBSTANDARD - any residential or commercial building or structure used as a dwelling unit
which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or
safety of the occupants/public. Any such unit which lacks illumination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants/public shall be considered to be
unsafe, and unsanitary, as well as unlit for human habitation and therefore substandard, except that it
shall not be deemed substandard if built and maintained in accordance with the building code at the
time of construction.
4& 44. VENTlLA TION - the process of supplying and removing air by natural or mechanical means
to or from any structure, building or dwelling.
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4-9 45. WEATHERPROOF - able to withstand exposure to weather without damage or loss of
function.
W 46. WEATHERTIGHT - able to exclude wind and rain under typical local weather conditions.
* 47. YARD - an open, unoccupied spacc on the same lot with a building, structure or dwelling.
~ 48. ZONING ORDINANCE - the Comprehensive Zoning Ordinance (or Land Development
Code) for unincorporated Collier County, as it may be amended.
SECTION FIVE:
RULES OF CONSTRUCTION.
For purposes of administration and enforcement of this Housing Code, unless otherwise stated
in this ordinance, the following rules of construction shall apply:
I. The word "shall" is always mandatory and not discretionary and the word "may" IS
permissive.
2. Words used in the present tense shall include the plural future; and words used in the singular
shall include the plural and the plural singular, unless the context clearly indicates the
contrary; use of the masculine gender shall inelude the feminine gender.
3. The word "ineludes" shall not limit a term to the specific example but is intended to extend its
meaning to all other instances or circumstances of like kind or character.
4. Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this
Ordinance, they shall be constmed as though they were followed by the words "or any parts
thereof".
SECTION SIX:
AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Six of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION SIX:
COMPLIANCE WITH HOUSING STANDARDS.
All dwellings units whether occupied or unoccupied, shall comply with the requirements of
this Section as hereinafter set forth:
I. SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (I)
kitchen sink with counter work space, one (I) lavatory basin, one (I) tub or shower, and one (I)
commode, all in good working condition and properly connected to an approved water and sanitary
sewer system as approved by Collier County or the Collier County Public Health Department as
applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly
installed in accordance with the Plumbing Code and maintained in good sanitary working condition,
free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling
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uni t, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and
lavatory basin shall be located in a room affording privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have connected
to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in
good working condition. All connections shall be supplied through an approved pipe distribution
system connected to a potable water supply.
3. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities
which are properly installed and maintained in a safe and good working condition and are capable of
heating water to a temperature as to permit an adequate amount of water to be drawn at every
required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees
Fahrenheit.
4. HEATING FACILITIES - Every dwelling or dwelling unit shall be equipped with heating
equipment which shall be capable of safety and adequately heating all habitable rooms to a
temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions.
Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed
in the Electrical Code unless such equipment is approved by a nationally recognized testing agency.
Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen
Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an
unvented heater shall not be used under any conditions.
5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range and
refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or
rubbish disposal facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTILATJON - Every habitable room of a dwelling unit shall meet the
minimum size and access requirements of the Building Code.
8. BATHROOM - Every bathroom of a dwelling unit shall comply with the minimum light and
ventilation requirements for habitable rooms cxcept that no window or skylight shall be required in
adequately ventilated bathrooms equipped with a mechanically ventilating air system.
9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights
and convenience outlets. Every room shall contain at least one wall-type electrical convenience
outlet as specified in the provisions of the Electrical Code, in effect at the time of violation.
10. LIGHT IN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a stmcture
containing three or more dwelling units shall be adequately lighted at all times. Structures with less
than three dwelling units shall be supplied with a conveniently located light switch that controls an
adequate light system which can be turned on when needed if continuous lighting is not provided.
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II. ELECTRICAL SYSTEMS - All fixtures, convenience receptaeles, equipment and wiring of a
dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical
power in accordance with the provisions of the Electrical Code, in effect at the time of violation.
12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following
component of a dwelling unit shall be maintained in good condition.
a. FOUNDATION -- The building foundation walls or other structural elements
shall be maintained in a safe manner and be capable of supporting the load which normal use
may place thereon.
b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes,
breaks and loose or rotting material. Such exterior walls shall also be substantially weather
tight and weatherproof: and surfaces properly coated as needed to prevent infestation and
deterioration, Decorative features shall be maintained in good repair with proper anchorage.
Any graffiti shall be removed or repainted to match existing surfaces.
c. ROOFS - Roofs shall be maintained in a safe manner and have no defects
which might admit rain or cause dampness in the wall or interior portion of the building.
d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a
safe, unobstructed means of ingress/egress leading to a safe and opcn space. A second means
of escape or egress may be required in accordance with the Building Code as amended by
Collier County.
e. ATTIC ACCESS - Access to the attic shall be provided by means of an access
panel within the dwelling unit. This provision does not require tenant access.
f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside
stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition,
capable of supporting a load that normal use may place thereon, and in accordance with the
Building Code as enacted by Collier County.
g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be
required in the manner prescribed by the Building Code. Such railings shall be maintained in
good condition and be capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the
Building Code.
i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be
properly fitted within its frame, provided with lockable hardware, and shall be weather-tight
and weatherproof, and maintained in good repair. Every window required for light and
ventilation for habitable rooms shall be capable of being opened easily and secured in a
position by window hardware. Windowpanes or approved substitutes shall be maintained
without cracks or holes. Openings originally designed as windows and doors shall be
maintained as such, unless approved by the Building Official for enclosure. The closing in of
a window or door shall be by bricking the opening, blocking the opening with concrete blocks
and stuccoing the exterior, utilization of an authorized building material and finishing the
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exterior with like material of the original exterior surface, or boarding the opening. When
boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained
to conform with the other exterior portions of the building. The boarding shall remain in
place no longer than 18 months, unless an extension is granted by Code Enforcement Special
Ma~ter Magistrate.
j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight
within the window trame.
k. HARDWARE - Every door shall be provided with proper hardware and
maintained in good condition.
I. SCREENS - Every window or other device used or intended to be used for
ventilation which opens directly to the outdoor space shall have screens. Dwelling units
which contain operable central heating and air-conditioning systems are not required to have
screens on doors and windows.
m. PROTECTIVE TREATMENT - All exterior surfaces other than decay-resistant
woods shall be protected from the elements by painting or other protective covering according
to manufacturer's specifications.
n. ACCESSOR Y STRUCTURE - All accessory stmctures shall be maintained and
kept in good repair and sound structural condition.
o. INTERIOR DOORS - Every interior door shall be properly fitted within its
frame.
p. INTERIOR FLOOR. WALLS AND CEILING - Every dwelling unit shall have a
permanent floor of approved material prescribed by the Building Code. Every floor and
interior wall shall be free from infestation and maintained in good repair to prevent
deterioration and shall be capable of supporting the load which normal use may cause to be
placed thereon.
q. STRUCTURAL SUPPORTS - Every structural element of a dwelling unit shall
be maintained in good repair and show no evidence of deterioration which would render it
incapable of carrying loads which normal use may cause to be placed thereon.
r. GUTTERS AND DOWNSPOUTS- Gutters and downspouts shall be maintained
in good repair and shall be neatly located and securely installed.
13. OCCUPANCY STANDARD, DWELLINGS - Every dwelling unit shall comply with the
minimum space footage requirements of the Land Development Code and shall contain at least 250
square feet of habitable floor space for the first occupant and at least 200 additional habitable square
feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per
household. No habitable room other than a kitchen shall have an area of less than 70 square feet as
prescribed in the Building Code.
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14. MINIMUM CEILING HEIGHT - Habitable space other than kitchens, storage rooms and
laundry rooms shall have a ceiling height of not less than the minimum ceiling height requirements
specified in the building code at the time of construction.
15. POOL MAINTENANCE, PRIVATE - all swimming pools, spas and architectural pools, ponds
or other decorative bodies of water, not otherwise regulated by the Health Department, shall be
properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be
allowed to stagnate or become polluted. All pools shall be free from unsightly appearance, including
but not limited to, free of mold, litter and debris.
16. OCCUPANCY OF SPACE BELOW FLOOD ELEVA710N- no space constructed below the
then minimum flood elevation at the time of the original construction shall be used as a habitable
space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (i.e.: game
room) and improved to meet FEMA requirements.
17. RESIDENTIAL PARKING FACILITES - all residential properties must provide parking
facilities in accordance with the Collier County Land Development Code and shall be treated with a
stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be
maintained in good condition and repairs to the parking surfaces must be made with like material.
18. BOAT HOUSES- All boathouses within the unincorporated County must be maintained so as
to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces
of metal or wood shall be protected from the elements, decay or rust.
19. SANITATION REQUlREMENTS-
a. All public or shared areas, and habitable rooms of any dwelling unit, structure,
accessory structure, or building shall be kept in a clean and sanitary condition by the occupant
or owner, in accordance with Health Department standards.
b. Nothing shall be placed, constructed, or maintained on any premIse that
conflicts with this code so as to constitute a nuisance or fire hazard.
c. All buildings, structures, accessory structures (including private swimming
pools), dwelling units shall be regularly maintained and kept free of infestation.
d. The plumbing fixtures in every dwelling unit, building or structure shall be
maintained in a clean and sanitary condition as prescribed by the Health Department.
20. SMOKE DETECTORS - All dwelling units shall be equipped with smoke detectors to meet
the minimum Building and Fire Code requirements. If the structure was built without wired
detectors, battery operated smoke detectors are recommended for installation. All rental units shall
have smoke detectors that meet the residential Landlord and Tenant Act.
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SECTION SEVEN: DELETION OF SECTION SEVEN OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Seven of Ordinance No. 2004-58, as amended, entitled "Rental Registration Requirements
and Procedures," is hereby deleted in its entirety and all subsequent sections shall be renumbered
accordingly.
SECTION EIGHT:
ESTABLISHMENT OF HOUSING OFFICAL - DESIGNATION;
POWERS AND DUTIES.
There is hereby established the position of Housing Official who is hereby charged with the
duty of administering the applicable standards set forth in the Ordinance and securing compliance
with the minimum Housing Standards set forth in this Ordinance. The Code Enforcement Director is
hereby designated to be the Housing Official established by this section. The Housing Official is
hereby authorized to:
I. Conduct inspections or take other appropriate action to reqUIre compliance with this
Ordinance;
2. Investigate alleged violations of this Ordinance and to enter upon real property in the conduct
of official business;
3. Issue notices of violation and written demands to correct violations of this Ordinance;
4. Initiate any and all other criminal or civil entorcement action as may be authorized by law to
require compliance with this Ordinance:
5. Appoint Code Enforcement Investigators to assist with the enforcement of this Ordinance.
SECTION NINE:
AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-58,
AS AMENDED.
Section Nine of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION NINE EIGHT:
INSPECTION OF STRUCTURES AND PREMISES.
I. Complaint-driven ef, requested. 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,o provided, However, tIhis 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. The Countv shall charge the propertv owner a fee for each
unit inspected consistent with the CDES Fee Resolution. In securing consent, or at the time of
inspection, the Housing Ofticial or the Code Enforcement Investigator shall present County-issued
identification and shall explain to the owner, occupant or operator the purpose of the inspection.
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Rental inspections sHall not be required for rental units on a property covered by a DBPR license. i\
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. II 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 20 units.
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 the dwelling unit, building,
structure or premises shall, upon consent, allow the Housing Oflicial 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 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 or replaced.
SECTION TEN:
AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004-58, AS
AMENDED.
Section Ten of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION +eN NINE:
NOTICE OF VIOLATION PROCEDURES.
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Whenever the Housing Official or Code Enforcement Investigator determines that a violation
of this Ordinance exists, the following action shall be taken:
I. The Housing Ot1icial or Code Enforcement Investigator shall provide written notice of any
alleged violation to the owner, operator or other party responsible for the dwelling unit, building,
structure or premises. Such written notice of violation 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 facts supporting the violation and the reason why the notice of
violation has been issued;
c. A reference to the Section or Sections of this Ordinance and any applicable code or
ordinance upon which the violation is based;
d. If repairs or alterations will bring the structure into compliance with this Ordinance, a
statement of the nature and extent of such repairs or alterations necessary to comply with this
article;
e. If repairs or alterations are necessary for compliance, a specified time within which
such repairs or alterations are required to be made;
f. If the violation is of sueh character that repairs or alterations cannot bring the structure
into compliance, a statement to 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 to cure the violation within the time period stated
will result in the Housing Official taking any and all action as may be permitted by law to
abate the violation.
2. The notice of violation may be either personally served upon the owner or served by certified
mail, return receipt requested, at the address of the owner as listed in the tax collector's office for tax
notices. If a notice of violation sent by certified mail is returned as unclaimed or refused, notice shall
be posted in a conspicuous place of the premises at which violations are located and at the County
courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in
the notice. 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 10 day time
period having lapsed. Service OR tIle o'.vller's ageflt or operator at the address listed ifl O'Nfler's Refltal
Registration application by first class mail shall substitute for service on the owner. If the owner does
not occupy the premises, a copy of the notice of violation shall also be provided to the occupant of
the premises.
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3. The Housing Official is authorized to condemn any building, dwelling, structure or accessory
structure, which is in violation of this Code and is unsafe, unfit or unsanitary for human occupation
and constitute a dangerous building structure. The Housing Of1icial 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 Of1icial shall be subject to the penalties of this Ordinance. Any
unauthorized person removing, defacing or mutilating any such notice, order or placard as provided
for in this Code shall be deemed to be in violation of this Code and shall be subject to penalties as
provided in Section 24 of this Ordinance.
SECTION ELEVEN: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO.
2004-58, AS AMENDED.
Section Eleven of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION ELEVEN TEN: METHOD FOR DESIGNATION AND ELIMINA nON OF
HAZARDOUS BUILDINGS.
If an appropriate person, as identified under the definition of Dangerous or Hazardous
Building, identifies a hazardous or dangerous condition existing within a building or structure, he
shall make an itemized report of all hazards within the area of his cxpcrtise and certify said report to
the Housing Official. The Housing Official shall then notify the owner of the offending property, in
writing, and demand that said owner cause the hazardous condition to be remedied. The notice may
be either personally serviced, upon the owner or served by certified mail, return receipt requested, at
the address of the owner listed in tax collector's office for tax notices. If the building or structure is
occupied, the Housing Official shall also cause a copy of the notice to be provided to the occupant or
occupants of the property, or upon the Agent or Operator. In the event that personal service upon the
owner or his Agent or operator, cannot be performed after diligent search, then service shall be
accomplished by physically posting the notice upon said property at which the violations are located
and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any
deadline contained in the notice. 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 10 day time period having lapsed.
After service of the notice, the owner shall have 30 days to remedy the hazardous condition
aftcr obtaining all applicable permits, or the County will remedy the hazardous condition at the
complete cost of the owner. If the owner wishes to contest the Housing Official's determination of
the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board
or Special Master Magistrate of Collier County within fifteen (15) days from the date of service of the
notice. The notice shall be in substantially the following form:
NOTICE OF DANGEROUS BUILDING
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
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Our records indicate that you are the owner(s) of the following property in Collier County,
Florida.
(Describe property by legal description or address)
An inspection of this property discloses, and I have found and determined, that a hazardous
and dangerous building exists thereon so as to constitute a threat to the safety of its occupants
and/or the general public of Collier County. The specific hazards are as follows:
(Describe / list hazardous conditions)
You are hereby notified that unless the above dangerous conditions are remedied, so as to
make the property in compliance with this Ordinance within thirty (30) days from the date
hereof, the County will remedy the dangerous condition and the cost thereof will be levied as
an assessment against such property. You are further notified that should you desire to contest
the Housing Of1icial' s determination of the existence of a dangerous building you may apply
for a hearing before the Code Enforcement Board (CEB) or (Special Ma~ter Magistrate of
Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB
/Special Maoter Magistrate within fifteen (15) days from the date of this notice.
SECTION TWELVE: AMENDMENTS TO SECTION TWELVE OF ORDINANCE NO.
2004-58, AS AMENDED.
Section Twelve of Ordinance No. 2004-58, as amended, is hereby amended to read as follows;
SECTION nVELVE ELEVEN:
STANDARDS FOR THE REPAIR OR DEMOLITION OF
HAZARDOUS BUILDING BY THE COUNTY.
I. If the owner fails to repair the hazardous condition within thirty (30) days of service of
the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by
the Beare Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the
Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the
following:
a. Whether the interior walls or other vertical structure members list, lean or buckle to
the extent that plumb line passing through its center of gravity falls outside of the middle third
of its base; or
b. Whether the non-supporting, enclosing, or outside walls or covering, exclusive of the
foundation, evidences 33% or greater damage to or deterioration; or
c. Whether a structure exists in violation of any provision of the Building Code or any
other ordinance of the County.
If the building is unoccupied and it is deemed that demolition is not feasible, the building
should be secured in accordance with the section of this ordinance regulating the boarding of vacant
buildings or dwellings.
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SECTION THIRTEEN: AMENDMENTS TO THIRTEEN OF ORDINANCE NO. 2004-58,
AS AMENDED.
Section Thirteen of Ordinance No. 2004-58, as amended, is hereby amended to read as follows:
SECTION THIRTEEN TWELVE: ASSESSMENT OF COSTS TO OWNER WHEN
ABATEMENT EXECUTED BY COUNTY.
I. If the owner fails to remedy the hazardous condition, the County shall remedy the hazardous
condition and notify the owner of the expense incurred by certified mail, return receipt requested at
the address of the owner as listed in the tax collector's oftice for tax notices. The Housing Official
shall then certify to the Board of County Commissioners Code Enforcement Board or Special
Magistrate the expense incurred in remedying the violation, whereupon such expense shall become
payable within thirty (30) days. If the owner fails to pay the expense incurred within the prescribed
time limit, the Beaffi Code Enforcement Board or Special Magistrate shall cmwe a resolution to be
adopted assessing a special <! lien and charge upon the property which shall be payable with interest at
the legal rate as of the date of certification by the Hosing Official. The notice of assessment shall be
in substantially the following form:
LEGAL NOTICE OF ASSESSMENT
DATE:
NAME OF OWNER:
ADDRESS OF OWNER:
You, as the owner of record of the following property;
(Describe property)
Are hereby advised that Collier County, Florida did on the _ day of , 20 , order
that the hazardous or dangerous condition which existed on the above property be remedied,
and sending you notice thereof, the specific hazards being:
(Itemize Hazards)
A copy of such notice has been sent to you. You have failed to remedy the hazardous
condition; whereupon, it was remedied by Collier County at a cost of $ ; such cost, has
been assessed against the above property, in the same manner as a tax lien in favor of Collier
County on , 20_. You may request a hearing before the Board of County
Commissioners Code Enforcement Board or Special Magistrate to show cause, if any, why the
expenses and eharges incurred by the County under this Ordinance are excessive or
unwarranted or why such expenses should not constitute a lien against the property. 8aHI
request for Hearing shall be made to the Clerk of the Board of County Commissioner in
"'Titing 'Nithin ten (10) days from the date of tHis notice.
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Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and
may be satisfied at any time by payment thereof including accrued interest. Notice of sueh lien shall
be filed in the office of the Clerk of the Circuit Court and recorded among the public records of
Collier County, Florida.
2. If the owner feels that the expense certified by the Housing Official for correcting the
hazardous condition is excessive, he may appeal the amount assessed by filing a written notice of
appeal with the County Manager, with a copy to the Housing Official, within ten (10) working days
after the notice of assessment. The owner may then appear before the Board and present facts
supporting his position. Thereafter, the decision of the Board shall be final.
3. The Property Appraiser shall keep complete records relating to the amount payable for liens,
above described, and the amount of such lien shall be included in tax statements thereafter submitted
to the owners oflands subject to such liens.
SECTION FOURTEEN:
AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE
NO. 2004-58, AS AMENDED.
Section Fourteen of Ordinance No. 2004-58, as amended, is hereby amended as follows:
NOTICE FOR THE V ACA nON OF HAZARDOUS
BUILDINGS.
SECTION FOURTEEN THIRTEEN:
If a dangerous or hazardous building exists, to the extent that it causes danger of imminent
peril to life and health, the Code Enforcement Board or Special Manter Magistrate may order the
building to be vacated.
SECTION FIFTEEN:
RESPONSIBILITY FOR PROPERTY MAINTENANCE.
Every owner of real property within unincorporated Collier County is required to maintain
such property in a manner so as not to violate the provisions of this ordinance, and such owner
remains liable for violations thereof regardless of any contract or agreement with any third party
regarding such property.
SECTION SIXTEEN: RESPONSIBILITIES OF OWNERS OF NONRESIDENTIAL
STRUCTURE, VACANT BUILDINGS, VACANT STRUCTURES,
AND VACANT OR UNIMPROVED LOTS.
All owners of nonresidential structures, vacant buildings, vacant structures and vacant or
unimproved lots shall comply with the following requirements:
I. Nonresidential Structures:
a. All nonresidential structures shall be watertight, weather-tight, insect-proof and 111
good repair.
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b. Every foundation, exterior wall and roof shall be reasonably watertight, weather-tight
and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike
state of maintenance and repair.
c. Every interior partition, wall, tloor and ceiling shall be reasonably tight and
maintained in a workmanlike state of repair and in a elean and sanitary condition.
d. All rainwater shall be so drained and conveyed from every roof, and the lot shall be
graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure.
e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent-
proof and shall be maintained in sound condition and repair, and secured with proper hardware.
f. Every inside and outside stairway, every porch and every appurtenance thereto shall be
constructed to be safe to use and capable of supporting the load that normal use may cause to be
placed thereon, and it shall be maintained in sound condition and repair.
g. Every supplied plumbing lixture and water and waste pipe shall be properly installed
and maintained in sanitary working condition, free from defect, leaks, and obstruction.
h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to
be reasonably impervious to water, and such floors shall be kept in a clean and sanitary condition.
i. Every supplied facility, piece of equipment or utility which is required under this
chapter shall be so constructed and installed that it will function safely, and effectively, and shall be
maintained in good working condition.
j. All exterior surfaces shall be protected from decay by painting or other protective
covering or treatment. Substantial evidence of molding or chipping of the exterior surface will be
required to be treated, repainted or both. All siding shall be weather-resistant and watertight.
k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or
nonresidential property in view of the general public.
I. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a)
non-vehicular light sources that shine into the eye of drivers of vehicles or pedestrian which could
impair sate traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or
sidewalk and shall not create an adverse affect on adjacent properties.
m. Landscaping maintenance. Where landscaping plans have been specifically
incorporated and approved in a development plan, the landscape areas shall be maintained in a
manner equal to the original landscaping approval.
n. Accessory structures. Garages, storage buildings and all other accessory structures
shall be maintained in good repair and sound structural condition. Structures, attached or unattached
to the principal structure, which are found by the building official to be strueturally deficient, shall be
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repaired or demolished within the timeframe set by the notice of such condition. Maintenance of
accessory structures shall comply with the following:
(I) The exterior of the building and premises to include but not limited to parking
areas and landscaping areas shall be maintained in a sound, elean and neat condition.
(2) Signs shall be maintained in good condition. Where the sign structure remains,
the sign faces are to be placed with black panels (permit required). The design and color
is subject to approval by the Building Department under the applicable development
regulations.
(3) All advertising structures, awnings and accompanying support members shall
be maintained in good repair and shall not constitute a nuisance or safety hazard.
Advertising structures or awnings not properly maintained in accordance with this
subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar
material shall not show evidence of tearing, ripping or holes. Upon removal of
advertising structure or awning, all supporting members shall be removed. Where
supporting members have been left from sign removal prior to adoption of this artiele,
such supporting member shall be removed within three months of the effective date of
this ordinance. Nothing in this subsection shall be construed to authorize any
encroachments on streets, sidewalks or other parts of the public right-of:way.
(4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be
accomplished by installation of parking bumpers pinned to the pavement.
2. Structures and Unimproved Lots:
a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises
in clean and sanitary condition, ineluding yards, lawn, courts and driveways. Any dead or
dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or
without holes must be repaired.
b. Exterior premises shall be kept free from the excessive growth of weeds, grass and
other flora.
c. Every owner of a building, structure or lot, previously improved or occupied, shall
grade and maintain the exterior premises so as to prevent the accumulation of stagnant water
thereon, except for permitted storm water management detention/retention purposes.
d. Unauthorized motor vehicles are prohibited from parking on or driving across any
portions of a vacant lot, except for areas designated and approved by the County.
e. Animals and pets shall not be kept on the premises in such manner as to create
unsanitary conditions or constitute a public nuisance.
f. Every owner of a building, structure or lot shall keep the premises reasonably free
from rodents, insects and vermin.
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g. The roof of every building or structure shall be well drained of rainwater.
h. All exterior surfaces shall be properly maintained and protected from the elements by
paint or other approved protective coating applied in a workmanlike fashion.
i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for
removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti
from the building's exterior.
J. All signs must be maintained and comply with the proVISIOns of the Land
Development Code. Should a wall sign be removed, the wall surface must be painted in a
workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any
shadowing created by the removed sign.
k. All materials used to board or secure a vacant building against entry shall be painted in
a workmanlike fashion in the same color as the adjacent exterior walls of the building.
I. Every owner of a building or structure that is vacant and unsecured shall secure and
maintain in secure condition all entrances and all other openings of such building or structure
including, but not limited to, windows and doorways.
m. Whenever any ground floor window of a vacant commercial storefront is found to be
shattered, cracker, missing or broken, the owner of such building shall repair or replace the window.
n. All non-residential and commercial properties must provide parking facilities in
accordance with the Collier County Land Development Code and shall be treated with a stabilized
surface. Such facilities must be maintained in good condition and repairs to the parking surfaces
must be made with like material. Parking shall be limited to designated areas (striped parking spaces)
and said areas must be elearly marked. At no time should the rights-of~way be utilized for storage or
parking of customer, employee or company vehicles parking, nor shall any item(s) be placed,
abandoned or allowed to remain in any right-of-way.
SECTION SEVENTEEN:
AMENDMENTS TO SECTION SEVENTEEN
ORDINANCE NO. 2004-58, AS AMENDED.
OF
Section Seventeen of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION SEVENTEEN SIXTEEN: CERTIFICATE REQUIRED FOR BOARDING BUILDING.
I. A certificate of boarding is required for all buildings that are boarded. The fee for certificate
of boarding shall be set by resolution of the Board of County Commissioners.
2. No person shall erect, install, place, or maintain boards over the doors, windows, or other
openings of any building or structure or otherwise secure such openings by a means other than the
conventional method used in the original construction and design of the building or structure without
first applying for and, within 30 days of application, completing all of the steps necessary for the
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issuance of a boarding certificate, and thereafter having a valid and current boarding certificate issued
by the county.
3. The Code Enforcement Department shall issue a boarding certificate upon the submission of a
written application by the owner of the property or his authorized representative or contractor; upon
the payment of the required fce; and upon the confirmation, through inspection by a Code
Enforcement Investigator, that the boarding or other method of securing the building or structure has
been done in compliance with this ordinance.
4. The boarding certificate issued pursuant to this section shall authorize the boarding or other
securing of a building or structure for a period of no greater than six months from the date of the
issuance. Renewal of the boarding certificate may be granted by Code Enforcement Director or
designee after the initial six-month period for an additional six months. A property owner or his
representative or contractor seeking renewal of the boarding certificate must file written request with
the Code Enforcement Department no later than ten business days prior to the expiration of the
original certificate. The issuance of a renewal boarding certificate shall be subject to all of the
following conditions:
a. The boarding or other method of securing the building or structure has been
done in compliance with this Ordinance, as confirmed by a Code Enforcement Investigator
after inspection of the building or structure by the investigator.
b. The owner or his authorized representative or contractor has submitted to Code
Enforcement, 10 days prior to the expiration of the original certificate, a detailed plan for
correction, repair, or rehabilitation of violations of state or local building and housing
standards and for the securing of the doors, windows, and other openings by the conventional
method used in the original construction and design of the building or structure or,
alternatively, a detailed plan for sale of the property to another person or entity with provision
in the sale of correction, repair, or rehabilitation
c. The owner or his authorized representative or contractor has submitted to Code
Enforcement, prior to the hearing, a time line for applying for all appropriate permits for such
work and for completing such work prior to the expiration of the renewal certificate or,
alternatively, a time line for the sale of the property.
d. The renewal certificate may be revoked by the Code Enforcement Board or
Special Master Magistrate if the owner fails to comply with the plan for such work or fails to
adhere to the submitted time line. Notice of hearing for the revocation of a renewal certificate
shall be done in accordance with this Ordinance.
5. A boarding ccrtificate may not be extended beyond the renewal period except upon
demonstration that good cause for the renewal exists. Good cause shall require a showing by the
owner that the certificate renewal is made neecssary by conditions or events beyond the owner's
control, such as inability to obtain financing for repair or rehabilitation, unanticipated delays in
construction or rehabilitation. or unanticipated damage to the property. In addition, where
appropriate, good cause shall also require a showing by the owner that the owner has exercised
reasonable and due diligence in attempting to eomplete the needed correction, repair, or
rehabilitation, or is attempting to sell the property. If the Code Enforcement Board or Special Master
Magistratc determines that there exists good cause to renew the certificate, the certificate may be
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renewed by the Code Enforcement Board or the Special Master Magistrate for a period of up to, but
not more than, an additional six months, subject to all of the same conditions imposed on the original
renewal certificate.
6. No occupied building shall be permitted to be boarded for a period greater than 60 days.
SECTION EIGHTEEN:
NUISANCES SPECIFIED.
It is deelared unlawful and a public nuisance for any owner of any property in the County to
allow any vacant and unoccupied building that has doors, windows, or other openings broken or
missing, allowing access to the interior, on his property which is not secured in compliance with this
Ordinance.
SECTION NINETEEN:
STANDARDS FOR SECURING BUILDING.
1. Compliance with county specifications. The boarding of the doors, windows, or other
openings of any building or structure, or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure, shall
comply with the specifications as required by this Ordinance.
2. Additional requirements. In connection with the boarding of the doors, windows, or other
openings of any building or structure, or any means of securing such openings, other than by the
conventional method used in the original construction and design of the building or structure, the
owner shall also comply with all of the following requirements:
a. All electrical service to the building or structure shall be shut off for safety
precautions. Compliance with this subsection may be waived in writing by the Building
Official or designee as to the electric utility service if electrieity is needed to power exterior
security lighting, an alarm system, or equipment to be used in connection with the
rehabilitation of the building or structure for which there is an active and current building
permit.
b. The sewer shall be capped in a manner approved by the County so as to prevent the
accumulation ofmcthane gas in the building or structure.
c. The interior of the building or structure shall be cleancd of all trash, junk, garbage,
debris, and solid waste, and personal possessions shall be removed from the interior of the
building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to
firefighting equipment or personnel in the event of a fire.
SECTION TWENTY:
EXCEPTIONS TO BOARDING REQUIREMENTS.
A boarding certificate shall not be required in the following circumstances:
I. Temporary emergency situations, including, but not limited to, an activation of a Local State
or Federal response plan, hurricane preparation and damage caused by local wcather.
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2. Property that is under the jurisdiction of the Code Enforcement Board (CEB), pursuant to an
order rendered by the CEB.
3. County-initiated boarding and securing.
SECTION TWENTY-ONE:
AMENDMENTS TO SECTION TWENTY-ONE OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-one of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION T'NENTY ONE TWENTY: COSTS INCURRED BY COUNTY; ASSESSMENT OF
LIEN.
All costs incurred by the County for actions taken by the County to cure violations of this
Ordinance shall be charged and billed to the person in violation of this Ordinance. Unless payment is
made within 30 days of such billing, tHe Board of County Commissioners may, by the adoption of a
resolation levying SUCH charges and administrative fees the Code Enforcement Board or Special
Magistrate shall assess against the property a lien in the amount of the charges outstanding.
Assessment liens levied in this manner shall be filed with the Clerk of Courts and in the public
records of the County as a lien against the property and shall be prior in dignity to all other liens
against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal
rate and such liens may be foreelosed in the same manner in which mortgage liens are foreelosed.
SECTION TWENTY-TWO:
AMENDMENTS TO SECTION TWENTY-TWO OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-two of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION TWENTY T'.VO TWENTY-ONE: NOTICE OF HEARING FOR REVOCATION OF
BOARDING RENEWAL CERTIFICATE.
1. The Secretary to the Code Enforcement Board or Special Master Magistrate shall send
out a Notice of Hearing to the owner or his authorized representative 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 Enlorcement Board or Special
Master Magistrate, as appropriate. The Secretary to the Board shall provide Notice to the owner as
herein provided at least ten (10) days prior to the hearing at which the revocation consideration will
be presented. A copy of said Notice shall be sent to the supervisor of the Code Enforcement
Investigator involved, the Code Enforcement Investigator involved and if applicable, the attorney for
the Board.
2. The Notice of Hearing shall inform the property owner that he or she is permitted to
provide an evidentiary packet of information to the Secretary to the Board or Special Master
Magistrate for distribution prior to the Hearing. In order to have the information provided to the
reviewing body prior to the Hearing, the property owner should submit fifteen (15) copies of his or
Page 25 of 27
Underlined text is added; struck throUgH text is deleted.
her information to the Secretary to the Board five (5) days prior to the scheduled hearing. The
Secretary to the Board shall distribute the evidentiary packet to the reviewing body. If the Code
Enforcement Investigator intends to provide an evidentiary packet prior to the Hearing, the
evidentiary packet must be delivered to the property owner along with the Notice of Hearing. The
Secretary to the Board shall not deliver his or her evidentiary packet to the reviewing body until he or
she receives the owner's evidentiary packet or until the deadline by which the owner's packet of
information must be received by the Secretary has passed. If the owner timely delivers his or her
evidentiary packet, the Secretary to the Board shall deliver all preliminary evidentiary packets
together.
SECTION TWENTY-THREE:
AMENDMENTS TO SECTION TWENTY-FOUR OF
ORDINANCE NO. 2004-58, AS AMENDED.
Section Twenty-four of Ordinance No. 2004-58, as amended, is hereby amended as follows:
SECTION TWENTY FOUR TWENTY-TWO:
PENAL TIES.
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 and
shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to
exceed Sixty (60) days in the County Jail, or both, in the discretion of the Court. Each violation or
non-compliance shall be considered a separate and distinct offense. Further, each day of continued
violation or 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 or Special Maoter Magistrate 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 TWENTY-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 re-
lettered to accomplish such, and the words "code" or "ordinance" may be changed to "section",
"artiele", or any other appropriate word.
Page 26 of 27
Underlined text is added; struck through text is deleted.
SECTION TWENTY-FIVE: 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 the 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 TWENTY-SIX: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~(,{IIday of -:rQl'\lJ.OO~ ,20 I O.
ATTEST:
DWIGHT E. BROCK, CLERK
~~,~
i 9natn. 0,(/. .1'
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
B -t t t. 1i (,j (~ri~(
y: T QL "
FRED W. COYLE, CHAIRMAN
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Page 27 01'27
Underlined text is added; stmck through text is 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 2010-02
Which was adopted by the Board of County Commissioners
on the 26th day of January, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2010.
DWIGHT E. BROCK
Clerk of Courts' ahd'.::.Cle.rk
Ex-officio to '8oa:(\9 of
County commissi<;\.her\3
/ B~~~\71r". ~C
J~
eresa Polaski,
Deputy Clerk