Ordinance 85-34ORDINANCE 85-,34 ,,,
AN ORDINANCE AMENDING OP. DINANCE 82-20 BY
MdENDINO SECTION ONE, PARAGRAPH "B" TO
SUBSTITUTE "ENFORCEMENT SECTION" FOR
"D~..~'~ [" BY AMI~DING SECTION TWO,
PARACltAPN "A" BT AMENDING TI~E DUTIES OF ZONING
INVESTIGATORS TO INCLUDE THE PROTECTED TREE
ORDINANCg AND EXOTICS ORDINANCE; BY AMENDrNG
SECTION THKEE, PARAGRAPH "A" BY INCLUDING THE
PRt~TECTED TREE ORDINANCE AND EXOTICS ORDINANCE
~-. ~ 'f. THE TRAINING PROGRAM FOR ZONING INVE-
~FTIGATORS; BY AMENDING SECTION FOUR, PARAGRAPH
[.' "A" BY AUTHORIZING ZONING INVESTIGATORS TO
~_;ISSUE CITATIONS FOR VIOLATIONS OF THE
-PROTECTED TREE ORDINANCE, EXOTICS ORDINANCE
· AND AMENDMENTS THERETO; BY PROVIDING AN
~ EFFECTIVE DATE.
WHEREAS, ~he Laws of Florida, Chapter 84- ,,,,, amended Chapter
81-364 to authorize designated Zoning Investigators to enforce and issue
citations for violations of the Collier County Protected Tree Ordinance
and Collisr County Exotics Ordinance, and -'.~endments thereto and;
WltEREAS, the Collier County Zonin~ Departmen~ now exists
orsanizationally as the Zoning Enforcement Section of the Buildins Code
Compliance Department ~
NOW, THEREFORE BE IT O~AINED by the Board of County Co~issioners
of Collier County, Florida that Collier County Ordinance 82-20 shall be
amended aa foll~s:
SE~ION ONE: DESIGNATIONS
A. ~ose asents or employees of the Collier County Building Code
Compliance Department who are to se~e as Contractors' Licensing
Investigators shall be designated by the Board of County
Co~issioners' adoption of the appropriate resolution.
B. ~oae agents or employees of the Collier County Zonins Enforcement
Section Bepa~e~e who are to ae~e as Zoning Investigators shall
be designated by the Board of County Co~isaloners' adoption of the
appropriate resolution.
SECTION ~ D~IES
,oo, 020,, 3'57
It shall be the dui7 of a~z person dssi~nated a. a Contractor's
Llcensin! rnveatisator to enforce the provisions of the Collier
Count~ Contractor's Licensins Ordinance and subsequent amendments
therlto ralatin~ to Contractor's Licensin~.
It shall be the duiZ of anZ person dssiBnated as a Zoning
Invssti;etor to enforce the provisions of the Collier. CountZ Zonin~
Ordinance; Protected Tree Ordinance! and Exotics Ordinance and
subsequent amendments relatin~ to said ordinances.
Nothing herein contained shall be construed to authorize or permit
any person designated as a Contractor's Licansin8 Investigator or
Zoning Investigator pursuant to this Ordinance to perform any
function or duties of a Lay Enforcement Office other than specified
herein. Said invastisators designated, pursuant to this Ordinance,
shall not make physical arrests or take any person into custody and
shall be exempt from the requirements relating to the state
high-hazard retirement program and Police Standards Training
Co~isaion as defined and provided by general la~.
SECTION THILE~: TRAINING AND QUALIFICATIONS
A.,e~aiRing-p~eg~am-~e~-ehe-ee~ei~ieaeien-e~-Gene~aeee~si-bieeeetR8
&nveaeigaee~e-and-&e~nS-&nves~igaee~e-~e~-ehe-pa~peee-e~
auehe~eaeian-ea-~seue-ei~ae~ona-{e~-v~elae~ens-e~-ehe-~e½½~e~
6ouney-6sne~aeeora~-bieenaing-g~&ins~ee-a~d?-ehe-6e½~e~-6ouaey
A trainina proaram for the certification of Contractors~ Licensing
Invasti&atora for the purpose of authorization to issue citations
for violations of the Collier.~ounty Contractors~ Licansin~
Ordinance and amendments thareto~ and a training pro,ram for
the certification of Zoning Investigators for the purpose of
authorization to issue citations ~or violations of the Collier
Count7 Zon~n~ Ordinancs~ Exotics Ordinance~ Protected Tree
Ordinance and amendments thereto~ aha11 include the folloving=
ORDINANCE DEFINITION
A. Nlorida Constitution authorizes tha Board of County
Commissioners to enact Ordinances for the 8overnin8 of
the County on ~ttere of a local nature.
WORDS UNDERLINED ARE ADDEDI ~/ORD8 6~Rggl~-~qtRgggNARE D~.,ETED
B, S~=~s I~atue versus County Ordinance.
~, Au~horiC7 Co enforce,
II. PROVISIONS OF THE PROTECTED THEE ORDINANCE! EXOTICS ORDINANCE,
ZONING ORDINANCE AND CONTRACTORS' LICENSING ORDINANCE.
III. ~ET~ODS OF ENFORCE~T
A. Receivin$ complaints of alleged viola~ione of Ordinance.
a. Telephone.
b. In person.
c. Written.
d. Observation.
e. Referred by Sheriff's Department or od~.her Asency.
B. Recognizing elementq that constitute violations of the
Zonin~ Ordinance, Protected Tree Ordinance~ Exotics
and Con~ractors' bicensin~ Ordinance~ As Applicable.
C. Enforcement.
a. Contact with complainant.
b. Contacc with Of[ender.
c. Instructions and advice.
d. Warnings, written - oral.
(1) Tbs numbers of warnin&s.
(2) Time between warnings.
e, Prosecution.
(1) Issue citations.
(2) Cases that require State's Attorney involvement.
f. Advise complainant of action taken if appropriate.
IV. LAWS OF EVIDENCE
A. Tansible.
Be
a. Personal observation.
b. Photographs.
Statements.
a. Sworn statements.
b. Admissions by defendant.
c. S~atemen~e by defendant.
d. ~Ca~emen~s o~ witnesses.
020 ,,0,359
VI.
Obtainin$ and eecurins evidence.
a. Identifyins photographs.
b. Harkin$.
c. }taintainin~ custody.
R~PORT
A. Composition.
a. ~ho, What, ~here, When, Why, How?
B. Forms.
a. Complaint Reports.
b. Supplement Reports.
c. Letters and r,~rrespondence.
d. Warning Citations or notices.
e. Notice of Violations (Tags).
f. Citations.
PROCEDURE FOR ISSUING CITATIONS
A. Establish that a violation of the Ordinance occurred in
the present of the Officer.
B. Identify the violation.
C. ~den~ify the offender.
P. Obtain ell necessary evidence to prove the violation of
the Ordinance.
E. Contact the offender and explain the violation.
F. Issue the completed citation form.
G. Have defenuant sign the citation form.
H. If the offender refuses the citation seek prosecution
through the State's Attorneys Office.
I. Write a comprehensive report of the violation for office
records.
Distribution of the issued citation form and back-up
material, evidence, etc.
What to do when . . .
(1) The offender refuses to give you hie identifica~ion
or driver's license.
(2) The off~ refuses ~o ~i~n the citation.
SOOK
Je
SECTION FOURs ISSUANCE OF CITATIONS
A. A.F-peeeea-deeig~aeed-ae-a-ge~e~ae~ersA-~*ee~e~.S-~nveee*gaeoe-ee
ame.dme, ee-ebe~eee?-v~e~e-e~eb-v~e~ae~e.e-a~e-~eeeeee~-b2-ea*d
~nveee~aee~e.
An7 person designated as a Contractors' Eicenein~ Xnvee~i~ator ia
hereby authorized to issue citations ~or violations o~ the Collier
~ounty Licenein~ Ordinance~ and subsequent amendments thereto~
where such violations are witnessed by said investigator.
~ny person deei~n~ed ~s a Zonin~ Investigator ia hereby authorized
to'issue citations ~or violations o~ the Collier County Zonin~
Ordiuance, the Protected Tree Ordinance, and the Exotics Ordinance~
and subsequent amendments relatin~ to said Ordinancea~ where such
violations are witnessed by said Investigator.
g.._~C. A citatio:: issued by said investigators under the provisions
this Ordinance shell be in substantially the ~ollowing ~orm:
IN THE COUNTY COURT, IN AND FOR COLLIER COUNTY, FLORIDA
NOTICE TO APPEAR
STATE OF FLORIDA, COUNTY OF COLLIER
In the name of Collier County, Florida: The undersigned certifies
that he has Just and reasonable grounds to believe, and does believe
that:
On the day of , 19 , at (a.m., p.m.)
Last Name Firs~ K.I. Aliases
Street, City and State
Date and Place of Birth
Phone
Race/Sex Height Weight Hair Eyes Scare/Narke
Occupation
Place of Employment
Employment Phone
Complexion Driver's License t Yr/St.
Social Security
At location(e)
in Collier County'S'Florida, committed the following offenee~
(1) (2)
in violation o!
) County Ord.
DID (Nsrrativs) t
Name of Officer ID~
( ) Mandatory appearance in County Court,
Agsncy
Location
19, ~, at ( ) a.m. ( ) p.m.
( ) You need not appear in court, but must comply with instructions
on back.
Fine and Cost
CO-DEFENDANTS:
( ) Cited
1. ( )
Name DOB Address
( ) Cited
2. ( )
Name DOB Address
I AGREE TO APPEAR AT THE TIHE AND PLACE DESIGNATED ABOVE TO ANSWER THE
OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD
! WILLFULLY FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE
TO APPEAR, THAT I HAY BE HELD IN CONTEHPT Oi' COURT AND A WARRANT FOR I~
ARREST SHALL BE ISSUED.
Sworn to and subscribed
before me this
day of
19
Signature of Defendant
Notary Public-State of Florida
I swear the above and reverse
and attached statements are true
and correct to the beat of my
knowledge and belief.
Complainant
COLLIER COUNTY ZONING ENFORCEMENT SECTION ( )
OR
COLLIER COUNTY BUILDING CODE COMPLIANCE DEPARTMENT ( )
Additional information shall be supplied on the back of the
citation in the following form:
WORDS UNDERLINED ARE ADDEDI WORDS g~Rg6~-%%IRggGH ARE DELETED
INFORMATION
If you desire to plead gnilty or nolo contenders (no contest) and
you need not appeal in court ss indicated on the face of this notice,
you may present this notice at the County Court named on the reverse of
this page.
Date Hour Date Ho~r
and pay a fine of
certified check.
dollars in cash, money order, or
The waiver below must be completed and attached. Read carefully.
Your failure to answer this summons in the manner subscribed will
result in a warrant being issued on a separate and additional charge.
"In consideration of my not appearing in court, I the undersigned,
do hereby enter my appearance on the affidavit for the offense charged
on the other side of this notice and waive the reading of the affidavit
in the above name cause and the right to be present at the trial of said
action I hereby enter my plea of GUILTY ( ) or NOLO CONTENDERE ( ),
and waive my right to prosecute appeal or error proceedings."
"I understand the nature of charge against me; I understand my
right to have counsel and waive this right and the right to a
continuance. I waive my right to trial before a Judge or Jury. I PLEAD
GUILTY ( ) or NOLO CONTENDERE ( ) to the charge being fully aware
that my signature to this plea will have the same effect as a Judgement
of this Court."
Total Fine and Cost:
Defendant Signature:
Address:
Fine and Cost may be paid at or mailed to,' Clerk of Courts
Check One: At: ( ) (Central Division) Collier County
Courthouse, Naples, Florida 33962
Or, ( )
(Eastern Division) Branch Courthouse
Immokalee, Florida 3393~
SECTION FIVE: CONFLICT AND SEVERANCE
In the event this Ordinance conflicts with any other Ordinance of
Collier County, or any municipality therein, or other applicable law,
the more restrictive shall apply. If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason 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 remainder of the
Ordinance.
SECTION SIX: PENALTIES
Violation of any portion of this Ordinance shall be punished as
provided by law.
SECTION SEVENt ~FECTIVE DATE
This Ordinance shall become effective upon receipt
it has been filed with the Secretary of State.
of notice that
-',x',X .!h'~g~ , June 18, 198.5
,.., .. ,
L~G~ SUFFX~X~NCY ~
~NNETH B. CUYLER
ASSISTANT COUN~ ATTORN~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: FREDE~C~'~O. VOSS,
This ordinance filed with the ·
'Sec~tary of,,~tate's Office tbL_
and o¢~edgemeni of that
.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
truc original of:
ORDINANCE 85-34
which was adopted by the Board of County Comm~.mtoners during Regular
Session on the 18th day of June, 1985.
WITNESS my hand and the official seal of the Board of County Commissioners
of Collier County, Florin, this 24th day of June, 1985.
CITATION ORDINANCE
WILLX~.M J. REACAN .c ' · '
Clerk of Courts and Clerk .'~,%~t~'/~'~O'-/''..,. ·
Ex-officio to Board of -~"."" '"'". #~
County Commissioners ' "' C'',~' ~'* ". ~,
Vir~ia Magri ,Deputy~.'~' -~..v ~ ' ,"~
w .~ . ..~. . ,,