Ordinance 88-089 ORDZNAJqC~ NO, 88- 89 · ~c~ eD
FOR CONDUCT OF NEARING! SETTING FORTH
POWERS OF THE ENFORCEMENT BOARD! PROVIDING FOR
SUBPOENA PROCEDURES ! ESTABL!SHING PENALTIES
PROVIDING FOR REHEARING OF BOARD ACTIONI
PROVIDING FOR APPEALS TO THE CIRCUIT COURT!
DEFINING NOTICES~ PROVIDING THAT PROVISIONS OF
THIS ORDINANCE ARK SUPP~LE3~qTAL~ PROVIDING FOR
REPEAL ~ PROVIDING FOR CONFLICT AND SEVER-
ABILITYI AND PROVIDING AH EFFECTIVE DATE.
NOW, THERKFORE, BE IT ORDAINED BY TH~ BOARD ~O~rl
.~' ~E~I~ 0~ F~d~ngs and ~se. Y~'~ ~ ~
eno
(hereinafter the "Comm/ssion") does hereby make the £ollovlng
findings ~
1. It ~8 ~o ~ntont and ~se o~ ~o Ord~ce ~
protect and huprove the health, safety and wel£a~e o£
the citizens of Collier County by 'authorizing the cre&tion o£
administrative boa~ds, with authority to
£~nes and other non-cr~LLnal pen<ies,
equitable, expeditious, effective and inexpensive method o£
enforcing the codas and ordinances of Collier County, with the
exception of traffic violations, where a pending or repeated
violation continues to exist, including, but not ll~tted to
housing, occupational' licenses, fire, development
buildiag, zoning, and sags codes.
2. Chapter 162, rlori~ Statutes, cited as
G~ernment Code Enforcement Boards Ac=", is the
authority which provides for a county to establish code
enforcmnontboards.
3. It is in the best tnteraste o£ the citizens of
· County ~o create code enforcement boards an an additional means
.,, (B2,,',,480
~,~C~ION TWOt Title and Citation,
This Ordinance shall be known and my ~ c~ad
~Collleg Co~y C~e gnforc~n~ ~ards Ogdln~ce~.
SE~I~ ~ A~l~c~L1L~y,,
This Ordinance shall apply ~ and ~ enforced ~n
~in~rated areas o~ Collier Cowry,
pElION ~URt
1, 'Clerk to ~e C~e Enforc~nt Board' means ~e Clerk
~e ~ard o~ Cowry C~ss~oners who shall ~ res~ns~lo for
~nutes and o~er records o~ a C~e EnforceMnt Board, ~
o~er M~ters as provided ~o~ here~n.
2. "Enforc~nt Board' Mane a Collier C~ty
~fo~c~nt ~ard.
3. "C~e Snforc~nt Of~lcial" Mane any au~oriz~
or ~loyee o~ Collier Co~ty whose duty it Is to ass~e
c~liance and who lo ros~nsible for ~e enforc~n~ or
~loMn~t~on o~ c~es and ordinances o~ Collier County,
4. "C~ssion" mans ~e h~ o~ C~ty C~ssioners
is ~e l~al governing ~y Iff and for Collier Co~ty,
5. "County Attorney" means ~e legal corbel to ~e
o~ Co~ty C~ssloners of Collier Co~ty, rlorl~.
6. "Peasen" means an lnd~vLd~l, as~lation,
~e~ship, co~ration, or o~er legal entity.
7. "P~ose~tor" M~s ~e County Attorney, an Assis~nt
Co~ty Attorney, or any m~r o~ ~e Co~ty staf~ ~o
cases ~fore an Snforc~nt
O. "Violate" Mans a ~son alleged to, or w~ has hen
fo~ ~ have v~olated any c~e o~ Collier Co~ty, ~lch a
Enforc~nt ~ard has ~urisdiction to enforce.
~IOH FI~t C~sLt~onj Ap~in~nt and rem of
~. ~e Collier County C~e En~orce~nt ~ard Lo here~
aBOlished and shall cons~dt of seven (7) ~s who shall
a~ted by ~e C~sslon. ~e C~ssion My a~lnt one or
~Ee seven (7) ~r Boards. All mrs of ~e
~rds shall be ~mnent residents ~ elec~rs of
-2-
County and shall serve without compensation, He~bers may be
reh~bursed for such travel, mileage and ~er die~ expenses &s may
be authorized, in advance, by the Ccnnission,
2. Prior to making appointments to an Bnforcenmnt Board~
the Cc~mlssion's staff shell provide the Commission with · list
outlining the qualifications and demographic background of each
candidate for Board membership~ along with a list detailing the
qualifications, demographic backgrounds and ter~ expiration o£
present s~d~ers of ~ En~orc~nt ~ard,
3, ~e ap~in~nt o~ ~rs to an En~orc~nt ~rd s~11
~ ~de on ~o basis o~ ex~rience or interest In ~e fields of
zoning ~d building con~ol, or other ·ream.as a~e ~eleVant ~
the codes o£ the .County which are to be enforced. The membership
of the Enforcement Boards shall, whenever possible, include, but
not be l~m~ted to, an architect, a businessman, an engineer~ &
general contractor, a subcontractor and a realtor.
4. The initial terms of appointnmnt of mmsbers shall be as
£ollo~ss
(a) Two (2} mmubers appointed for a te~m of one (1) yeaE,
(b) Th~se (3} sea. ers appointed for · tern of two (2)
ysars,
fo} Two (2) members appointed £or · term of three .(3)
years.
S. After initial appointnmnts, all appointments shall b~
made for a tern of three (3} years. A member may be reappointed
by the Commission for one (1} successive term, provided, however,
that nothing herein shall prohibit any individual from being
reappointed to a Board after a hiatus of two (2) years. An
ap~ointsmnt to fill & vacancy on an Znforcenmnt Board shall bo
for the re~ainder of the unexpired term of office. If mly mmbor
£ails to attend two o£ three successive board meetings ~i~hout ·
satls£actor~ excuse and w£thout prior approval of the Chair~an,
the Enforcement Board shall declare the mmb~r*s of£1ce vacant
and the Com~ss£on shall pro~tly fill the vacant. Vaoanciee
occu~ring on an En£orcmnent Board shall be publicized, but need
not be sdvertised, in a publication of general circulation w~th~fl
the County, and vacancy notices are to be posted ~n the
14brar~es and County Courthouse. Members o£ an En£orce~dnt BaaEd
~ny be suspended or removed for cauls by the Comm~llion,
~ECTION SlXt Orqan~zation.
1. At the ££rst meeting o£ an En£orcement Board, the
members shall elect a Chairman and Vice Chairman, who shall bo
voting members, £rom among the members of the Board.
2. The presence of four (4) or ~o~ s~b~rs shall
constitute a quorun of any Enforcement Board nscessa~ to take
ac21on.
3. An Enforcement Board may adopt such rules
regulations as they may deem necessary to ca~ry out the duties of
the Board ~n accordance with the provisions and ~ntent o£ this
Ordinance.
4. The CceuLtssion shall provide such clerical and
required by a Boa~d for the proper per£oEmance of its dutiel.
S. The Co~nty Attorney, or h~s designee, shall either be
counsel £or an En£orcement Board or shall represent the County by
presenting cases be£ore the Enforcement Board, but An no case
shall the County Attorney or a mmnber of his ste££ se~e ~n both
capacities £or the Imnm case or at the stone
6. The Collier County Community Development D~vilion Ihall
prov4de to the Conu~ssion w~4tten quarterly reports of tho
activities of the Board, which reports shall delineate the
o£ the cases heard for the quarter, the date of hearing a~d the
resolution of the cases.
7, The En£orcmMnt
~nmission~ pursuant to
Board shall be reviewed by the
the provisions of Collier County
Ordinance No. 86-41, counencing in 1080 and once every four years
.i' thereaftor,
-4-
~I~TION SKVKNt En£orcmuent Proceduro~
1o It shall be ~e duty o~ ~e C~ ~nforc~nt Of~LcLaL
~ltiate en~o~c~nt p=~eedinq~. No ~r o~ an ~o~c~nt
~d shall have ~e ~r to initiate en~orc~nt
2. ~cept as pr~ded ~n S~section S o~ ~lo Sect~on~
v~olation o~ tho c~es lo fo~d to exLst, ~e C~e Bn~orcmnt
Offlc~a~ shall first notify the v~olato~ and shall gLve
Violator a re~son~le t~ ~ correct ~e violation,
shall b g~ven in wELting ~rsuant ~ Section 14 of
O~ce, ~d s~ll s~cLfy ~e alleged violation, ~o
~rrect~ve action and ~e t~ ~rl~ for ~rrect~on,
3, Should ~e vlolat~on continue ~nd ~o t~
for correct,on, the C~e Enforc~nt O~LcLal shall exo~ a
~Ltten AffLdav~t o~ V~olat~on ehLch shall include a sta~Mnt of
~e races ~d c~r~s~nceo o~ ~o alleg~ v~olat~on a~ shall
~dentLfy ~e code or ordinance which has hen vLola~,
En~orc~nt ~ard, ~rough ~ts clerical sta~ shll s~ule a
~lic hearing. Mr~tten not,ce o~ ~e scheduled heaE~q, ~lch
shLl con~Ln ~e date, t~ a~ place of ~e hea~g~ ~d
of ~e Aff~vLt o~ V~olat~on shall ~ p~d~ ~ ~o
~l~t ~ ~e p~ov~s~ons of S~t~on 14 of ~l
Faille ~ p~lde pEo~ ~t~ce My b g=o~s for coning
~ hea~ng but s~ll not ~ greeds foe d~osal
c~ges.
4. I~ ~e v~olation ~s coE:oct~ ~d ~en re~s~ sE
· ~olat~ lo not co:raced ~ ~e t~ s~c~ed for
~ case s~ll ~ presen~d to an En~o~cmnt ~a:d oven
v~olat~on has ~en co:Eect~ p:~or to ~o ~ard Met~g~
~t~co shll so state.
S, If ~e ~e Bnforc~nt O~c~al has ~ason ~ ~l~e~
~olat~on p~esen~ a serious threat to the p~l~c health~
]!i~ ~n£orce~ent ~oard and request a hearing. Under svch cirmm-
staucee the Code Bn£orce~ant O££1cial shall no~ ~ r~ir~ ~
adhere ~o ~he mo~ice re~A~n~a se~ for~ In Sec~Lon 14 of ~ls
i
~ 4;~. ~E~XO~ EXit Conduct of Hea~ing.
~nforc~nt B~rd ~y call hearings o~ the Enforc~nt ~a~ ~
hea~n~s also nay ~ called by ~ttten notice s~qned by at least
t~ee (3) ~rs of an Enforc~nt B~rd. ~t any hear~q~ an
~ ~forc~nt ~a~d ~y set a future hea~g da~. ~ En~o~c~nt
; ~' ~rd s~ll at--pt to convene no llll fr~lntl~ ~an oncl IVt~
~": ~ ~n~s, but ~t ~y ~et ~re or less o~ten a8 ~e d~nd
' j'.. ~n~o~c~nt ~a~, ~d all hearings and pr~eeding, shall ~ o~n
~ ~e ~lic.
2. Each case before an Bn£orc~nt Boar~ shall be preeent~t
by the County &ttorne¥, an Assistant County Attorney, or by ·
~ber of the County staff.
3, Assuming proper notice of the hearing has been provided
to the alleged violator as provided in Section 14 o£ thio
Ordinance, a he~ring ~ay proceed tn the absence o£ the alleged
violator.
4. &n Enforc~nt Board shall proceed to hear the oases o~
the agenda for that day. ill test~sonies shall b~ under oath and
shall be recorded. The Enforc~nt Board shall take t~stL~ony
fro~ the Code Enforce~nt Official and ·Il·ged violator, amt £ro~
such other witnesses as ~ay be called by the respective ps,flee.
Fo~al ~ules of evidence shall not al~ly, but fundamental due
p~ocess shall be observed and shall govern the proceedings.
S. Xrrelevant, Least·rial or unduly repetitAoue evidence
~hall be excluded! but all other evidence o~ a tlq~ toe,only
relied upon by reasonably prudent persona ia the com~uct of tl~lx
a££airs shall be ad~ssible, whether or not such evidence ~ould
be ad~tssible in a trial in the co~te of the 8tat~ of Florida.
6. Any member o£ an Enforcement Board, or any attorney
appointed to represent the Board, may inquire o£ any witness
be£ore the Boa~d. The alleged violator, or ~ls/her attorney, the
attorney representing the County, and the Prosecutor shall be
porn/tted to inquire of any witness be£ore the Board.
7, At the conclusion o£ the hearing, the Enforcement Board
shall issue findings o£ fact based on evidence of record and
conclusions of lav~ and shall issue an order affording the
relie£ consistent with pavers granted herein and by Florida
Statutes. The order shall be stated orally at the hearing and
shall be reduced to writing and mailed to the violator within ten
(10) days after the hearing. The findings shall be by
approved by a majority of those members present and voting~
except that at least £our (4) members of the Board must vote in
order for the action to be official, The order may include ·
notice that it must be complied with by · specified date and that
a flue may be /reposed if the order is not complied with by said
date.
6. Should an Enforcement Board be unable to issue ·
decision /mmediately £olloving any hearing because of questions
o£ law or other matters of such nature that · decision cannot
l~mediatel¥ made, the Board may withhold issuing its de~lelon
~ntil · subsequent Meting. In such oase~ further discussion o£
the pending matter and all del~berations relating thereto
members of an Enforcement Board shall take place at a
meeting of the Board. Tho Board shall therea£ter issue
~cision pursuant to Subsection 7 of this Section.
~CTION NINEs Pavers o£ the Cc~e En£orcement Boards.
Bach Collier County Code Enforcement Board shall have tho
(1)
(2)
Adopt rules and ~egulations for the conduct o£ Ate
hearluge.
Subpoena alleged violators and witnesses to appear at
its hearings, which subpoenas may be served by the
Sherl££ of Collier County.
Subpoena evidence including, but not liJ~Lted to,
records, surveys, plats, and other documentary
.vid,nc,, which
o£ Collier County.
(4) T&ke testi]nony under
(6) Issue orders having
compliance.
(?) Order the payment of £ines as provided for herein.
An Enforcement Board shall have such additional powers as
may be authorized or granted by the Local Government Code
Enforcement Boards Act, Section 162.01 ~ seq, Florida Statutes.
~F~TZON TKH= Subpoena Procedures.
1. Every subpoena for testimony before an Enforcement Board
shall be issued by the Clerk of the Circuit Court, as Ex-Officio
Clerk to the Board o£ County Commissioners, under the seal of the
Enforcement Board, the title of the action, the case nt~-~er of
action, name address of the person to ~hom the
the
and
subpoena is lssued~ and the time, place and location of the
hearing at which the person is directed to appea~, and shall be
2, A subpoena for production of doounentary evidence My
also be issued to cc~nand the person to whom it is directed to
produce the books, papers, documents or tangible ltesm designated
therein, An Enforcement Board, upon motion made promptly and in
any event at or before the tine specified in the subpoena for
compliance therew£th, smy (1! quash or modify the subpoena if it
is unreasonable and oppressive, or (2} condition denial of the
lotion upon the advancement by the person in whose behalf the
subpoena is issued of the reasonable cost of producing the books0
papers, ~ocuments or tangible
3, A subpoena may be served by any person authorized by l&v
serve process or by any other person who is not a party to the
action and who ts not less than eighteen (18) years o£ age,
Proo£ o£ such service shall be made by a££1davit o£ the person
making service If not served by an officer authorlsed by law to
do so. Proof of service shall be £11ed with the Clerk to the
Enforccment ~ard. Payment o£ any service fee shall be made by
4 Persons subpoenaed, with the exception o£ the alleged
Violator shall be entitled to a witness fee and m~leaqe
compensation as provided for in Section 92,142, Florida Statutes,
The cost of the wLtness fee and mileage compensation shall be
borne by the party at whose request the subpoena lo issued end
ihall be pa~d to the witness at or be£ore the t~Jne of service,
~::' ~E~rl0H ELEVEHt Penalties.
1. An Enforcement Board, upon notification by the Code
Enforcement Official that a previous order of the Board has not
been complied with by the specified t~ne, or, upon f~nd~ng that
the same v~olation has been repeated by the same vlol&tor~ may
order the violator to pay a £~ne n~t to exceed two hundred £1£ty
dollars ($250.00) for each day the violation continues past the
date set for compliance, or for each ti]no the violation hao been
repeated, and a hearing shall not be necessary for the issuance
of the order.
2. In detern~nLug the anount o£ the fine, if any, an
Enforceuent Board shall consider the £ollow~ng factors,
(a) The gravity of the violation~
(b) Any actions taken by the violator to correct the
violation~ and
(c) Any previous violations com~tttad by the violator,
3. A certified copy of an order ~upos~ng a fine ~ay be
recorded in the ~blic records and thereafter shall constitute a
lien against the land on which the violation occurred or exists
and upon any other real or personaX property owned by the
Violatorj and it may be enforced An the same manner as a court
~udqnent by the sher£ffs of this State, Including lev2 against
personal property, but shall not be deemed to be a cou~t ~d~Bent
~rcept for en£orcem~nt puL~>oles. After I:Lx
ftl£ng o£ any such lien which re~ains unpaid, the Enforcement
Board may authorLze the County Attorney to foreclose on the lien.
No lien created pursusnt to this Ordinance may be foreclosed on
real property wh£ch Is s hoMstead under Section 4, A~tlcle X o£
the Florida Constitution.
No lien provided under this Ordinance shall continue for ·
period longer than five (5) years after the certified copy of &n
order Anposing,& fine has been recorded, unless within that tiBe
an action to foreclose on the lien Is commenced in · court of
coml~tent Jurlsd£ct~on. The continuation of the lien effected by
the comnencement of the action shall not be good agslnst credi-
tors or subsequent purchasers for valuable consideration without
notice, unless a Notice of Lis Pendens Is recorded.
SECTION TWELVE~ Rehearing of Board Action.
1. BLther the Prosecutor or the violator may request a
rehearing of the dec~sion of an Enforcement Bosrd. A request for
rehearing shall Me made tn writing and shall be filed with the
Clerk to the Enforcement Board within t~n (10) days of the date
o£ receipt of tho Board's written order, but in no event more
than 20 days fro~ the date of mailing of the written order, A
~oquest for rehea~ing shall be based only on the ground Zhat the
decision vas centrally to the evidence or that the hearing
involved an error on a ruling o£ law which was fundamental to the
decision o£ the Enforcement Board. The w~itten request for
rehearing shall specify the precise reasons therefor.
2, The Enforcement Board shall make a deteL~lnation as to
~hether or not to rehear the matter and its decision shall be
Bade at · public meeting, reduced to w~lting and Bailed to the
in~erested parties within 10 days after the decision is made, If
the Enforcement Board determines it will grant s rehearing, it
oppor~un£ty o£ presenting evidence or argument limited
by the Zn£orcement Board to the specific reasons for
which the rehearing was granted! or
(b} Mod£fy or reverse its prior order, without receiving
further evidence, providing that the change Is based on
a finding that the prior decision o£ the En£orce~ent
Board resulted from a ruling on a question o£ law which
the Board has been ln£o~ned was an erroneous ruling.
3. The original order o£ the Enforcement Board shall be
stayed and the time £or taking an appeal, puxsuant to Section 12
o£ this Ordinance, shall not coanence to run until a request
rehearing has been denied or otherwise disposed o£ and the
~xittan decision hal been received by the interested pa~tAell
p~ovided, however, that An no event shall the order be stayed
· period longer than 20 days £rom the date o£ mailing o£ the
rehearing decision.
~ECTXON THXRTEKNt Appeals.
1. Any aggrieved party, including the Cc~maission, may
appeal a £inal administrative order o£ an Enforcement Board to
the Circuit Court. Such an appeal shall not be a hearing de nero
but shall be limited to appellate revie~ of the record created
before the Enforcement Board. Any appeal shall be £iled within
thirty (30} dams of the execution of the order to be appealed.
2. Xn the event that a party to the proceedings before an
Enforc~nent Board should elect to appeal, · verbatim reco~d
the proceedings may be required or may be desirable. It shall be
the sole responsibility of each party to the proceed£nga to
ensure that · record is made which includes the testimony upon
which an appeal may be taken. #either Collier County nor any
Enforcement Board shall have any responsibility to provide ·
verbatim t~anscript of the proceedings.
zc xo. FOO EH, Sotices.
1. All notices required by thAe Ordinance shall be pro~lded
,.:by certified mall, return receipt requested, or by hand delivery
by the director, sherif£ or other law enforcement o££icez, Code
Inforc~ient O£i~cial, or other person designated by the
Ccen~ssion or b~ leaving ~e not,ce at ~e v~olator's us~l place
Of residence w~D s~ ~rlon o~ h~s/her ~ly ove~ 15 yea~8 of
age and ~n~o~no such ~son o~ ~e contents o~ ~e not~ce.
2, In addition to providing not~ce as set ~or~
S~o~t~on 1 of ~s Section, at ~e option o~ ~e ~ard~ notice
(a) Suc~ not~ce shall ~ ~lished once during each
~ek for ~our ( 4 ) conse~tivo ~eko ( ~o~
publications ~lng nuli~c~ont) ~n a ~s~r
general c~=~lat~on ~n Coll~ez Co~ty,
newspa~ shall ~et such ~~ntl al
pr0scr~d unde~ ~apter 50, Florida S~tu~s, for
(b) P~ o~ p~l~cat~on shall ~ ~de eo prov~d~
S~t~ons 50,041 and S0,0S1, Flor~da H~tutel,
foll~, an attar sE att~pks to pEov~do not~ce by ~d del~vo~
3, ~nco ~at an attar ho ~en Mdl to ~ dol~vor
~l~ w~ pr~ o~ p~l~cation as p~Ld~ Ln S~soct~on 2 o~
~s S~t~on, shall ~ sufficient ~ sh~ ~t ~e ~tlce
r~Lrmnts of ~is Ordinance have hen Mt, w~out regard to
~or or not ~o alleged v~ola~r actuall~ received such
~t~ce.
It 1o ~e Intent o~ ~o Ordinance to p~ovlde additional or
Mo~g contained under ~ls Ordinance shall prohlbLt the County
f~ enforcing ~ts c~oo by any appropriate c~v~l actLon, or
ca~ of a c=~nal v~olat~on, and/o~ ~ p=esen~t~on ~ any
~ty ~a=d or agen~ v~ ~ur~sd~ctlon ~ hear a~ act u~n
code o= ordinance v~olation,
~'~o~ SZX~EE~.,t Repeal of Ordinance #o. 83-43.
Collier C~nty O~d~naflce No. 83-43, which es~l~shed
Enforc~nt ~ard v~in a geographical ~urLsdLct~on
Ha~co Island, ~s he:shy ~e~aled Ln Ltl entirety.
~E~ION S~~ Conflict and Severabil~ty.
In ~e event ~s Ordinance conflicts
ordinance og Collier County or o~er a~lLcable lav~
restrictive shall apply, l~ any phrase o~ ~rtion o~
OrdAn~ce la held invalid or ~constitutional
c~tent ~u~lsdiction, such ~tiom shall be dee~d a separate,
distinct and inde~ndent provAsion and such holding ahall not
a~ect ~e val~d~t~ o~ ~e re~n~ng ~t~on.
~20~ Hight ~ect~ve Date,
~s Ordinance shall hc~ effective u~n receipt o~ notice
V~ ~e S~re~ o~ S~te.
o£ Collier County, Florida, this
· -"t~,l-~ 5.; '
'~3(~8 Ct GI~S, Clerk
App~vlC~ as to fo~ and
~ l~al su~f~c~enc~t
day of ~ , 1918,
BOARD OF COmiTY COm4ISSIONERS
OF COLLIER COU14TY, FLORIDA
County Attorney
)
,~,,.~..~ .. ~, ~*~4ZS C. OILH, C2erk o! Courte In and for the
i~;~: ';~ ~t~ ceftin7 t~t t~ ~oregolng In a the co~ o~:
off ~o11/e~ county, fflorid~, thie t4th
Clerk o~ Courte and Clerk ,~1~ ~
lx-o~flc~o to ~.rd of .~.~ "...'",
CO~dnty COlUilllJOfllrl t~.' .~ / . ~'
B~: Haureen Kenyon . ~' ..'.
Deputy Clerk ' · .'
.