Ordinance 91-057 ORDINANCE 91- 57
COLLIER COUNTY BOARD OF ADJUSTMENTS AND APPEAL~
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
83-16, COLLIER COUNTY BOARD OF ADJUSTMENTS AND
APPEALS, AMENDING SECTION ONE ENTITLED PURPOSE;
AMENDING SECTION TWO ENTITLED DEFINITIONS; AMENDING
SECTION THREE ENTITLED APPEALS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Board of County Commissioners adopted Collier
County Ordinance No. 83-16, establishing the Board of Adjustments
and Appeals; and
WHEREAS, Collier County Government has undergone a
reorganization requiring Collier County Ordinance No. 83-16 to be
updated.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORIDA THAT,
SECTION ONE: Section One, entitled Purpose of Collier
County Ordinance No 83-16 shall be amended as follows:
The purpose of this ordinance is to establish a board to be
callud the Board of Adjustments and Appeals through which an
owner of a building or structure, or his duly authorized agent
may appeal the rejection or refusal of the
Official to approve the mode or manner of construction proposed
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to be followed or materials to be used in the erection or
alteration of that building or structure, or when it is claimed
that the provisions of the Collier County Standard Building Code,
Collier County Electrical Code, Collier County Fire Prevention
Code, Collier County Gas Code, Collier County Mechanical Code,
Collier County Plumbing Code or Collier County Swimming Pool Code
do not apply, or that an equally good or more desirable form of
construction can be employed in a specific case, or when it is
claimed that the true intent and meaning of such codes or any of
the regulations thereunder have been mis-constructed or wrongly
interpreted by the authority having Jurisdiction.
SECTION TWO: Section Two, entitled Definitions of Collier
County Ordinance No. 83-16 shall be amended as follows:
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Authority having Jurisdiction - the authority having jurisdiction
shall be defined as the ~_Uilding Official
~es~g~ee. The Building Offici~
B~=e=~o~ shall be responsible for codes related to
construction and existin~ buildings.
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SECTION THREEs Section Three, entitled Appeals of Collier
County Ordinance No. 83-16 shall be amended as follows:
1. - ESTABLISHMENT OF BOARD OF ADJUSTMENTS AND APPEALS
A Board of Adjustments and Appeals is hereby established
consisting of five (5) regular members appointed by the Board of
County Commissioners. Appointment of members shall be consistent
with the reauirements of Collier County Ordinance No. 86-41. ~s
mav be amended or superseded. The Board of Adjustments and
Appeals shall consist of members engaged in the following
occupations who by reason of education, experience, and knowledge
are deemed to be competent to sit in judgment on matters
concerning the Collier County Standard Building Code, Collier
County Electrical Code, Collier County Fire Prevention Code,
Collier County Gas Code, Collier County Mechanical Code, Collier
County Plumbing Code, and Collier County Swimming Po01 Code: one
State Licensed architect or one structural engineer; one Class
"A" general contractor; one State Certified fire protective
equipment contractor or State Certified Fire ~ighter with the
rank of Lieutenant or higher or State Certified Fire Safety
Inspector with the rank of Lieutenant or higher; one licensed
electrical contractor; and one licensed plumbing or mechanical
contractor. The members shall serve for a term of four years,
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except for initial appointees who shall serve as follows: two for
a term of one year; two for a term of two years; one for a term
of three years.
QUORUM
Three (3) members of the board shall constitute a quorum.
In varying the application of any provision of ths Collier County
Standard Building Code, Collier County Electrical Code, Collier
County Fire Prevention Code, Collier County Gas Code, Collier
County Mechanical Code, Collier County Plumbing Code and Collier
County Swimming Pool Code or in modifying an order of the
authority having Jurisdiction, an affirmative vote of not less
than three (3) board members shall be required.
- R OORDS
The authority having Jurisdiction of the decisien on appeal
shall act as Secretary of the Board of Adjustments and Appeals
and shall make a detailed record of all its proceedings which
shall include, but shall not be limited to, all appeal decisions,
the reasons for its decisions, the vote of each member
participating therein, the absence of a member and any failure of
a member to vote.
3'68'
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4. - GENERAL PROCEDURE
The Board of Adjustments and Appeals shall establish rules
and regulations for its own procedure not inconsistent with the
provisions of the Collier County Administrat~_~ B~ag Code.
The board shall meet within fifteen (15) days after any notice of
appeal has been received in order to hear such appeal.
5. - STANDARD APPEAL PROCEDURE; TIME LIMIT; FEE
(a) Whenever the authority having jurisdiction shall reject
or refuse to approve the mode or manner of construction proposed
to be followed or materials to be used in the erection or
alteration of a building or structure, or when it is claimed that
the provisions of the Collier County Standard Building Code,
Collier County Electrical Code, Collier County Fire Prevention
Code, Collier County Gas Code, Collier County Mechanical Code,
Collier County Plumbing Code or Collier County Swimming Pool Code
do not apply, or that an equally good or more desirable form of
construction can be employed in any specific case, or when it is
claimed that the true intent and meaning of the Collier County
Standard Building Code, Collier County Electrical Code, Collier
County Fire Prevention Code, Collier County Gas Code, Collier
County Mechanical Code, Collier County Plumbing Code or Collier
County Swimming Pool Code or any of the regulations thereunder
have been misconstrued or wrongly interpreted, the owner of such
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building or structure, or his duly authorized agent, may appeal
from the decision of the authority having jurisdiction to the
Board of Adjustments and Appeals. Notice of appeal shall be in
writing and on appeal forms provided by the authority having
Jurisdiction. Notice of appeal shall be filed at the Building
Code Compliance Department within thirty (30} days after the
decision to be appealed is rendered by the authority having
Jurisdiction, except as set forth in the Interlocal Agreement
Appeals Procedure. A fee of $250.00 (Two Hundred Fifty Dollars)
~5~T80--~O~e--H~n~ed--P~y-Be~a~s~ shall accompany any such
notice of appeal filed pursuant, to this section.
(b) In the case of a building or structure which, in the
opinion of the authority having Jurisdiction, is unsafe or
dangerous, the authority having Jurisdiction may, in a written
order to the owner, limit the maximum time period for filing such
appeal to a shorter period, but in no event shall the appeal
period be less than 10 days.
6. - INTERLOCAL AGRE~4ENT APPEAL PROCEDURE
The Board of Adjustment and Appeals is hereby authorized to
accept appeals and render decisions thereon, pursuant to
Interlocal Agreements between Collier County and Independent Fire
Districts which have entered into such agreements. The basis for
such appeals and the time limits applicable to filing such
370
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appeals shall be as set forth in, and in accordance with, the
Interlocal Agreement. With regard to all other procedural
requirements, such appeal shall adhere to the standard operating
procedures and policies of the Board of Adjustments and Appeals.
7. - DECISIONS OF THE BOARD OF ADJUSTMENTS AND APPEALS
(a} The Board of Adjustments and Appeals, when so appealed
to and after a hearing, may vary the application of any
provisions of the Collier County Standard Building Code, Collier
County Electrical Code, Collier County Fire Prevention Code,
Collier County Gas Code, Collier County Mechanical Code, Collier
County Plumbing Code or Collier County Swimming Pool Code i~ e~
any particular case when the Board determines that the
enforcement thereof would do manifest injustice, and would be
contrary to the spirit and purpose of the code or public
interest, or when, the Board determines that the interpretation
of the authority having jurisdiction should be modified or
reversed.
(b) The Board of Adjustments and Appeals shall, in every
case, reach a decision without unreasonable or unnecessary delay,
but in no case shall a decision be rendered more than 30 days
from the hearing on the appeal.
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(c) A decision of the Board of Adjustments and Appeals to
vary the application of any provision of applicable codes or to
modify an order of the authority having Jurisdiction shall
specify in what manner'such variation or modification is made,
the conditions upon which it is made, and the reasons thereof.
(d) Every decision of the Board of Adjustments and Appeals
shall be final, subject, however, to such remedy as Collier
County, any owner, or aggrieved party pursuant to an Interlocal
Agreement, might have ~]1 a law or in equity. The decision shall
be in writing and shall indicate the vote of each member upon the
decision. Every decision shall be promptly filed in the office
of the authority having Jurisdiction and shall be open to public
inspection. A certified copy shall be sent by mail or otherwise
to the appellant within 15 days from the date of such decision
and a copy shall be kept publicly posted in the office of the
authority having jurisdiction for' two weeks after filing.
(e) If a decision of the Board of Adjustments and Appeals
reverses or modifies a refusal, order, or disallowance of the
authority having jurisdiction or varies the application of any
provision of applicable codes, the authority having jurisdiction
shall immediately take action in accordance with such decision.
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SECTION FOUR~ CONFLICT AND SEVERABILITY
In the event this ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion'of this
ordinance is held invalid or unconstitutional by any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION FIVE* EFFECTIVE DATE
This Ordinance shall become effective upon notice that it
has been rece'ived by the Office of the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
County, Florida this ~;'~day of~ ' ~.~ , 1991
of
Collier
A~E~T'~'D~' F.,'.. ~.... BO~D OF CO~TY CO~ISSIONERS
J~ES C.'d:ILE~, :CLE~ COLLIER CO~TY, F~RIDA
APPROVED 'A~v TO FO~ ~D
LEGAL SUFFICIENCY:
~creto of · '
~oha~ D. ~o~anov~ch, o~ ockno~e~en~ of ~t
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STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, 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. 91-§7
which w~s adopted by the Board of County Commiss~oners on
the 25th day of June, 1991, during Regular session.
WITNESS my hand and the official seal of the Board of
County ¢ommiss~oners of Collier County, Florida, this 2?th
day of June, 1991.
JAMES C. GILES
" County Commissioners ~." ' · -%.
Deputy Clerk