Ordinance 83-43ORDINANCE NO. 83- &3
AN ORDINANCE CREATING THE CODE ENFORCEMENT
BOARD OF COLLIER COUNTY; PROVIDING FOR ORGANI-
ZATION OF THE CODE ENFORCEMENT BOARD; PRO-
VIDING FOR TERMS AND REMOVAL OF MEMBERS; PRO-
VIDING FOR LEGAL REPRESENTATION OF T}{E CODE
ENFORCEMENT BOARD AND THE COUNTY; PROVIDING
FOR JURISDICTION, ENFORCEMENT PROCEDURES,
CONDUCT OF HEARINGS AND POWERS OF THE CODE
ENFORCEMENT BOARD; PROVIDING PENALTIES WHICH
MAY BE IMPOSED; PROVIDING FOR APPEAL; PROVIDING
FOR NOTICES; PROVIDING FOR CONFLICT, SEVERANCE,
AND EFFECTIVE DATE.
SECTION ONE= Code Enforcement Board Created; Composition; Terms;
Removal; Organization.
1. There is hereby created the Code Enforcement Board of
Collier County, (hereinafter referred to as the "Board") which
shall consist of seven (7) members appointed by the Board of
County Commissioners. Ail members shall be residents of Marco
Island, as defined in Section Three of this Ordinance, and shall
serve without compensation, but members may be reimbursed for such
travel., mileage and per diem expenses as may be authorized by the
Board of County Commissioners.
2. The appointment of members to the Board shall be made on
the basis of experience or interest in the fields of zoning and
building control and, whenever possible, members should include:
a. An architect.
b. A businessman.
c. An engineer.
d. A general contractor.
e. A subcontractor.
f. A realtor.
3. The initial appointments to the
Board sh~Ull ben-as
follows:
a. Two (2) members shall be appointed for a term of one
year.
b. Three (3) members shall be appointed for a term of
two (2) years.
C. Two (2) members shall be appointed for a term of
three (3) years.
Thereafter, each member shall serve a term of three (3) years. A
member may be reappointed by the Board of County Commissioners for
one successive term. Appointments to fill any vacancy on the
Board shall be for the remainder of the unexpired term of office.
4. If any member of the Board fails to attend two (2) of
three (3) successive meetings without cause and without prior
approval of the Chairman of the Board, the Board shall declare the
member's office vacant, and the vacancy shall be filled by the
Board of County Commissioners.
5. Members of the Board may be suspended and removed from
office for cause by the Board of County Commissioners.
6. Meetings of the Board shall be held at the Collier County
Courthouse Complex, 3301 Tamiami Trail East, Naples, Florida
33962-4977. Regular meetings of the Board shall occur no less
frequently than once every two (2) months, but the Board may meet
as often as necessary. Special meetings of the Board may be
convened by the Chairman upon giving notice thereof to each other
member of the Board. The notice of a special meeting shall be
given at least twenty-four (24) hours prior thereto.
7. At the first meeting of the Board, the members thereof
shall elect a Chairman and a Vice-chairman from among the Board
members.
8. The presence of four (4) or more members shall constitute
a quorum of the Board necessary to take action.
9. Minutes shall be maintained of all meetings and hearings
held by the Board, and all meetings, hearings and proceedings
shall be open to the public.
10. The County Manager's office shall provide such clerical
and administrative support to the Board as may be reasonably
required by the Board for the proper performance of its duties.
SECTION ~O: Legal Counsel.
1. An attorney may be appointed by the Board of County
Commissioners to attend meetings of the Board and to assist the
Boar~ in the conduct of its hearings.
2. A member of the County Attorney's staff shall (1) repre-
sent the County by presenting cases b~fore the Board or (2) shall
advise and assist the Board, but in no case shall the County
Attorney or a member of his staff serve or attempt to serve in
both capacities at the same time.
SECTION THREEs Jurisdiction.
1. The boundaries of the area within which the Board shall
have Jurisdiction shall be that area known as Marco Island
excluding Goodland and shall be more particularly described as:
All lands in Township 52 South, Range 26 East,
Collier County, Florida lying South and West
of the Marco River, East of the Gulf of Mexico,
North of Caxambas Pass and landward of the mean
high water line.
2. The Board shall have the Jurisdiction to hear and decide
alleged violations of the following codes and ordinances of
Collier County when said violations exist or occur within the
boundaries of Marco Island as defined in Subsection (1) above:
(a) Coastal Construction Setback Lines - Collier County
Ordinance No. 75-19 and amendments thereto.
(b) Protection and Preservation of Trees - Collier
County Ordinances No. 75-21 and No. 76-42 and
amendments thereto.
(c) Subdivision Regulations - Collier County Ordinance
No. 76-6 and amendments thereto.
(d) Sale of Goods from Roadside Stands Prohibited -
Collier County Ordinance No. 76-11 and amendments
thereto.
(e) Garbage, Trash and Weeds - Collier County Ordinance
No. 76-14 and amendments thereto.
(f) Environmental Impact Statements - Collier County
Ordinance No. 77-66 and amendments thereto.
(g) Flood Prevention - Collier County Ordinance No.
79-62 and amendments thereto.
(h) Removal, Sale, Planting, Transportation of Exotic
Plants - Collier County Ordinances No. 82-37 and
No. 82-113 and amendments thereto.
(i) Zoning - Collier County Ordinance No. 82-2 and
amendments thereto.
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3. The jurisdiction of the Board shall not be exclusive.
Any alleged violation of any of the aforesaid codes and ordinances
may be remedied by Collier County by any appropriate civil
action, and/or may be referred to the State Attorney's office for
prosecution in the case of a criminal violation and/or may be
presented to any other County board or agency with jurisdiction to
hear and act upon the alleged code or ordinance violation.
SECTION FOUR: Enforcement Procedure.
1. For the purpose of this Chapter, "Code Inspector" means
any authorized agent appointed by Board of County Commissioners or
employee of Collier County whose duty it is to insure compliance
with the codes and ordinances of the County.
2. It shall be the duty of the Code Inspector to initiate
enforcement proceedings against violators of the various codes and
ordinances. No member of the Board shall have the power to
initiate such enforcement proceedings.
3. Except as provided in subsection (4) below, if a vio-
lation of the codes or ordinances is found, the Code Inspector
shall first notify the violator and give him/her a reasonable time
to correct the violation. Should the violation continue beyond
the time specified for correction, the Code Inspector shall notify
the Board and request a hearing pursuant to the procedure set
forth Jn Section Five of this chapter. Written notice of such
hearing shall be mailed to said violator.
4. If the Code Inspector has reason to believe a violation
constitutes a threat to the public health, safety and welfare, the
Code Inspector may proceed directly to the hearing procedure set
forth in Section Five without first notifying the violator and
giving him/her time to correct the violation.
SECTION FIVE: Conduct of Hearing
1. The Chairman of the Board may call hearings of the Board,
and hearings may also be called by written notice signed by at
least three (3) members of the Board. The Board at any hearing
may set a future hearing date.
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2. Upon scheduling of a hearing, the Board shall cause
notice thereof to be furnished to th, alleged violator by certi-
fied mail, return receipt requested, or by personal service. Said
notice of hearing shall contain the date, time and place of
the hearing and shall state the nature of the violation with
reference to the appropriate code or ordinance. Failure to
provide proper notice shall be grounds for continuing the hearing,
but shall not be grounds for dismissal of charges.
3. At the hearing, the burden of proof shall be upon the
Code Inspector to show, by a preponderance of the evidence, that a
violation does exist.
4. Assuming proper notice of the hearing has been provided
to the alleged violator as provided in subsection 2 above, a
hearing may proceed in the absence of the alleged violator.
5. All testimony shall be under oath and shall be recorded.
The Board shall take testimony from the Code Inspector and alleged
violator and from such other witnesses as may be called by the
respective parties.
6. Formal rules of evidence shall not apply, but fundamental
due process shall be observed and govern said proceedings.
7. Irrelevant, immat,rial or unduly repetitious evidence
shall be excluded, but all other evidence of a type commonly
relied upon by reasonably prudent persons in the conduct of their
affair~ shall bo admissible, whether or not such evidence would be
admissible in a trial in the courts of the State of Florida.
8. Any member of the Board, or an attorney appointed to
represent the Board, may inquire of any witness before the Board.
The alleged violator, or his attorney, and the attorney represen-
ting the County shall be permitted to inquire of any witness
before the Board and shall be permitted to present brief opening
and closing statements.
9. At the conclusion of the hearing, the Board shall issue
findings of fact, based on evidence in the record, and conclusions
of law and shall issue an order affording the proper relief
consistent with the powers granted by Florida Statutes and by this
0.1.7
Ordinance. The order shall be stated orally at the meeting and
shall be reduced to writing and mailed to the alleged violator
within ten (10) days after the hearing. The finding shall be by
motion approved by a majority of those present and voting; provid-
ed, however, that at least four (4) members of the Board must vote
in order for the action to be official.
SECTION SIX: Powers of the Code Enforcement Board.
The Board shall have the power tog
1. Adopt rules for the conduct of its hearings.
2. Subpoena alleged violators and witnesses to its
hearings.
3. Subpoena records, surveys, plats and other documentary
evidence, which subpoenas shall be served by the
appropriate sheriff's department.
4. Take Testimony under oath.
5. Issue orders having the force and effect of law,
commanding whatever steps are necessary to bring a
violation into compliance.
6. Establish and levy fines pursuant to SECTION SEVEN of
this Ordinance.
SECTION SEVEN: Penalties.
]. The Board, upon notification by the Code Inspector that a
previous order of the Board has not been complied with by the set
time, may order the violator to pay a fine not to exceed two
hundred fifty dollars ($250.00) for each day the violation
continues past the date set by the Board's order for compliance.
2. A certified copy of an order imposing a fine may be
recorded in the Public Records of Collier County, Florida, and
thereafter shall constitute a lien against the land on which the
violation exists or, if the violator does not own the land, upon
any other real or personal property owned by the violator and may
be enforced in the same manner as a court judgment by the sheriffs
of the State of Florida, including levy against the personal
property, but shall not be deemed otherwise to be a judgment o! a
court except for enforcement purposes. After one year from t~e
filing of any such lien which remains unpaid, the Board may
au~rize the County Attorney to foreclose on the lien.
3. No lien provided by this Chapter shall continue for ~
6
longer period than two {2} years after the certified copy of an
order imposing a fine has been re~rded, unless within that time
an action to foreclose on the lien is commenced in a court of
r'
competen~ jurisdiction. The continuation of the lien effected
by the commencement of the action shall not be good against
creditors or subsequent purchasers for valuable consideration
without notice, unless a notice of lis pendens is recorded.
SECTION EIGHTs Appeal.
1. An aggrieved party, including the Board of County Commis-
sioners of Collier County, may appeal a final administrative order
of the Board to the Circuit Court. Any such appeal shall be by
Petition for Writ of Certiorari and shall be filed with the Clerk
of the Circuit Court within thirty (30) days of the execution of
the order to be appealed.
2. The scope of review shall be limited to the record made
before the Board and there shall not be a trial de novo.
3. The Board shall, by rule, establish reasonable charges
for the preparation of the record to be paid by the appealing
party.
SECTION NINEs Notices.
All notices required by this Chapter shall be by certified
mail, return receipt requested, or, when mail would not be effec-
tive, by hand delivery by the Code Inspector.
SECTION TEN: Conflict and Severance.
In the event this Ordinance conflicts with any other ordi-
nance of Collier County or other applicable law, the more restric-
tive shall apply. If any phrase or portion of this Ordinance is
held invalid or unconstitutional by any court of competent juris-
diction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the
validity of the remaining portion.
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SECTION ELEVEN: Effective Date,
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State,
OATED ~ "J~k~ust 9, 1983
...' ' ' .. BOARD OF COUNTY COMMISSIONERS
."A~TEST, ' :.. '.'~. COLLIER COUNTY, FLORIDA
Approved as to fo~ and
legal sufficiency=
Kenneth B. Cuyle~ -
Assistant County' Attorney
~ OF COnLUm )
I, WILLIAM. J..RFAG~N, Clerk of Courts in and for the Twemtieth Judicial
Circuit, Collier County, Florida, do hereby certify that the foregoing is a
true original of:
ORDDU%NCE NO. 83-43
which was adopted by the Board of County Commissioners durinz R~zular
Session the 9th day of August, 1983.
WITNESS my hand and the official seal of the Board of County Co~missioners
of Collier County, Florida, this 15th day of August, 1983.
Clerk of Courts ,mhd Clerk
F~-officio to Board of
C~m~n ty C~[ssioners
This ordinance filed with the Secretary of State's office the 17th day of
August, 1983 and acknowledgenent of that filing received this 19th day of
BOOK