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Ordinance 99-58 .a~ ff ORDINANCE NO. 99- ..fll ~~ 4k ~~ ~ r? ~r ~ AN ORDINANCE AMENDING ORDINANCE NO. 89-06. THE COLLIER ~ COUNTY HOUSING ORDINANCE AS AMENDED BY ORDINANCE 96- 76, BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO SECTION SIX ENTITLED RENTAL DWELLING UNITS REGISTRATION REQUIREMENTS AND PROCEDURES, TO -. ESTABLISH A ONE TIME ANNUAL RENEWAL DATE, ESTABLISH FEES, AND CLARIFY PROCEDURES; SECTION TWO, LIBERAL CONSTRUCTION; SECTION THREE, INCLUSION IN THE CODE OF LAWS AND ORDINANCES; SECTION FOUR, CONFLICT AND SEVERABILITY AND SECTION FNE, EFFECTNE DATE. WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings and dwelling units which are unfit for human habitation and use due to inadequate maintenance, obsolescence or abandonment and which contain defects which increase the hazards of fire. accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, inadequate light and sanitary facilities, or other conditions render such dwellings dwelling units unsafe. unsanitary, dangerous and detrimental to the health, safety, and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clear~demonstrated pO - that such conditions result in a large measure from improper maintenance, ina~te ~itary facility, overcrowded conditions in residential occupancies, building and premise, aiftro~en;g (l, -!:.. I If~ neighborhood neglect; and (/~; J q \.D ~:t,~... Pi J p,"l WHEREAS, such unsafe and unsanitary conditions can be improved and o~~eli~attg prevented through adopted and enforced housing standards, resulting in the up~~f livmg ~,.." N conditions and an overall enhancement of the general health, safety and welfare 0 all residents and property owners of the community; and WHEREAS. experience and national housing surveys also demonstrate that the above conditions occur with greater frequency in the rental dwelling unit situation especially because of the absentee landlord; and WHEREAS, Collier County adopted Ordinance 89-06, as amended, to address this concern and has been requiring the registration of rental dwelling units for over one year and have found some areas of the process in need of clarification; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: AMENDMENTS TO SECTION SIX, RENTAL DWELLING UNIT REGISTRATION REQUIREMENTS AND PROCEDURES. Section Six entitled "Rental Dwelling Unit Registration Requirements and Procedures" of .-'. Ordinance No. 96-76 , the Collier County Housing Ordinance, is hereby amended to read as follows: , SECTION SIX. RENTAL DWELLING UNIT REGISTRATION REQUIREMENTS AND PROCEDURES. All dwellings and dwelline: units in Collier County that are being rented must obtain a registration certificate with Collier County Community DeveloDment and Environmental Services Division registerimz each rental dwelling unit in accordance with this section. 1. REGISTRATION OF RENTAL DWELLINGS REQUIRED - The owner!!l of any rental dwelling or rental unit shall register each rental dwelling with the Collier County Community Words &wek thfslIsR are deleted; words underlined are added. - 1 - --'----"- ~._-_._----- _.~-- Development and Environmental Services Administrator, or his designee, and shall designate an individual or entity as the "Local Agent" or Operator for the registered rental dwelling or dwelling unit:. fer the registered FelN&ll:t.veUiRg '.vae &kalI Be respeRMle fer reeei"riBg 88f\~ee ef Retiee 8Rd prav4diRg 800888 te !Misa p1'8lIHses fer m8tdftg tas iMpeetieM Mees8aty te eRlM:Ife eempti8Res wita the tefHls ef this OftliB8Bse. "Les81 :\geRt" fer pa~eses ef this OfEliR8Ree &kall mse a CeYftty ,....- leeideftt aetiRg as a Seftta0t ageftt fef tke pFepefty &Wfter. ~A~ leM elMts aget ef eraJ&er sf tke &WRer sllall Bet Be de8mea a "Lesal AgeRt" fef pa~ese ef this s8etieB: aRIsss said real estate ageat ef Breker is registerea iR asseNanee ...lith this sesheR. Registration shall be made Drior to the use or occupancy of any rental dwelling or rental unit. 2. APPLICATION FOR REGISTRATION PROCEDURES - Application for registration shall be made in such form and in accordance with such instructions as may be provided by the Community Development and Environmental Services Administrator, or his designee, and include at a minimum the following information: a. TIte RMBe &Rd aderes8 ef the applielHlt. ~a. The name and addresses and telephone numbers of all owners of the rental dwelling. eb. The name, local address and telephone number of the responsible Local Agent or Operator. Ele. The number of rental units in each dwelling and the address of the rental dwelling. ed. The name and address of any mortgage holder. R-egiBtfMieR &k811 B8 mase prier te tae ase er eeeapaBeY ef 8RY Fefttal (;\w8Uiag af l'eM&I1:HHt. TIte teflft ef tae legi8f1:8tiaR skall Be ';alid as laRg as the a'!:JRer af Bllsa llRit f8MaiBB llRea&Rged. ~'\By Rew 8Wft8f ar B8\"' ageRt &k811 l'egistsr iR aeeefd&Res wits ta8 previsi0B:s sf tINs 01'diR8Ree witaHt teR EIa-}'s sftke transfer af s'l"JRefSaip ar ageRey. 3. LOCAL AGENT OR OPERATOR - The local agent or operator shall be a person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity, having his or her place of residence in the County and shall be designated by the owner to operate such premises in eaH\f'liaRee with tae pf8vi8iaR8 ef this ONiB&Ree accordance with tbe following Drovisions: TIte a\"JRer may eet as tke lasal ageRt 8e leRg a8 ae reside8 iR tile CellRty. fJI eftieial Ratless sf vielMi0R ef tais Ol'MaBee &kall Be iB!Miec:l te tali! agmt er 9pefMef 8Rd ~ Retiee se i8s11ed shall \Je deemed te ftft7:e \JeeR iSSlled1:lf'eR tile e"A'fier efFssam. a. Local Agent or Operator Requirements - The Local Agent or Operator must be an individual who resides within Collier County and is a minimum of 18 - years of age: A local business entity possessing a Collier County Occupational License who is registered with and known bv the Florida , Department of State: or the proDerty owner. provided he/she is a resident of Collier County. A real estate a@:ent or broker of the owner shall not be deemed a "Local Agent" for pUlpose of this section unless said real estate agent or broker is registered in accordance with this section. b. Duties and Responsibilities - The desi~ated Local Agent or Operator shall at all times ensure the rental dwelling unit. for which he/she is reSDonsible. is in Words svysk tlvellgk are deleted; words underlined are added. -2- --- ----,._~_.~- -""",-,...__. ,.. compliance with all Collier County Codes and Ordinances. The Local Agent or Onerator shall be vested with the authority to receive notices of violation and shall be vested with the authority to consent to access to such residence to duly authorized public officials conductinlI inspections necessarv to ensure compliance with the terms of this Ordinance. All official notices of violation - of this Ordinance issued to the Local AlIent or ODerator shall be deemed to have been issued upon the owner of record. c. PropertY Owner and Local Aeent Agreement - Any person( s) or entity desienated by the Dropertv owner( s) to act as Local Agent or Operator must acceDt the duties and resDonsibilities. as set forth in this Ordinance. Such acceptance shall be indicated by written aereement by and between the proDertv owner(s) and the named Local Agent or Operator. which shall be dulv noted on the aDDlication for Rental Dwelling Unit Registration. Withdrawal of such an agreement shall result in revocation of said registration. Failure to Drovide said aereement shall be erounds to refuse issuance of Rental Dwelling Unit Reeistration. 4. TERMS. EXPIRATION. RENEWALS AND TRANSFERS - Rental dwelling and rental unit registrations shall be issued for a period of one ( 1) year. Said reeistration shall be uDdated annually on or before August 31 st. Should a chanee occur in ownershiD or Local AlIent or ODerator information. a transfer or supplemental reeistration shall be filed with the Community DeveloDment and Environmental Service Division within ten (l0) dayS of such chanee by the proDertv owner( s). Any chanee in ownershiD or Local Aeent or Operator information without notice to the County shall result in revocation or cancellation of said registration and shall be deemed a violation of this Ordinance. 5. REVOCATION I CANCELLATION - The Collier County Community DeveloDment and Environmental Services Division Administrator. or his designee. may revoke or cancel a reeistration should it be found that any information contained on the reeistration is false or fictitious. Additionally. revocation of said relristration will result should Davrnent of fees be dishonored by a financial institution. Revocation or cancellation of registration shall constitute an unreeistered rental dwelling unit. SECTION TWO. LIBERAL CONSTRUCTION. This Ordinance shall be liberally construed to effectuate its public purpose. SECTION THREE. 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance' may be changed to "section", "article", or , any other appropriate word. 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 portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a Words slrllell tftfSlIgft are deleted; words underlined are added. -3- ----------------- - ----- -------_._--~----~----- -"_.._- 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 filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, -- Florida~ ~?ji,s~ay of ~v;;e:- 1999. "-' ".oj \ '" ,~u ....i,'. I, ,...",. ... '.,. LV,;r BOARD OF COUNTY COMMISSIONERS 'ArrEST:' ',' ;J,. . .- '. "., , DWIGHT E. BROCK, CLERK COLLIER , FLORIDA r,;'; . l. . . ~~: ~~..~ -.-~)tfJ.(l BY: ... . /. ". . p :t~~t ,IS" to, .C~~:1r.an I s flll'O~t~ TO FORM AND LEGAL SUFFICIENCY: ME~~ This ordinance filed with the ~~~etary of ~~:~~ Office the day of ,~~ and acknowledgement of that ASSIST ANT COUNTY ATIORNEY filin~eceived this ~.day of BYI.~;.~~~~~~.~ Deputy C Jerk - . Words otfYsl[ skF9l1gR are deleted; words underlined are added. -4- ~,'-- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-59 Which was adopted by the Board of County Commissioners on the 3rd day of August, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of August, 1999. DWIGHT E. BROCK Clerk of Courts and 9lerk Ex-officio to Board of County Commissioners. ~LLW ~);_. ~ By: Ellie Hoffman, ,'." Deputy Clerk ,- ~. ._--,.~ -.--...,-..-