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Ordinance 82-020ORDINANCE 82 - 20 ~ AN ORDINANCE AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS TO DESIGNATE AGENTS OF THE COLLIER COUNTY BUILDING CODE COMPLIANCE DEPARTMENT AS CONTRACTORSt LICENSING INVESTIGATORS AND TO DESIGNATE ~. AGE~TS OF THE COLLIER COUNTY ZONING ~ ~E~RTMENT AS ZONING INVESTIGATORS; ~{3THoRIZING SAID INVESTIGATORS TO ISSUE c.,~ CXTATIONS FOR VIOLATIONS OF COLLIER v~ %7i COUNTY CONTRACTORS' LICENSING ORDINANCE :~. AND' ;AMENDMENTS THERETO, AND ZONING ', .' ORDinANCE AND ANY AMENDMENTS T~tERETO; '~ PROVIDING FOR CONFLICT, SEVERANCE AND "' '~ PENALTIES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, ~he Laws of Florida, Chapter 81-364, author- ized the Board of County Commissioners of COllier County, Florida to designate agents or employees of the Collier County Building Code Compliance Department and Collier County Zoning Department as Contractors' Licensing Investi- gators and Zc~ing Investigators, respectively; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: _=~ SECTION ONE: DESIGNATIONS ~ c° A. Those agents or employees of the Collier County ~uild~ ing Code Compliance Departmenn who are to ser~.e as Contractors' Licensing Investigators shall be desi~nat-~ ed by the Board of County Commissioners' adopti~ of the appropriate resolution. ~ B. Those agents or employees of the Collier County Zoning Department who are to serve as Zoning Investigators shall be designated by the Board of County Commis- sioners' adoption of the appropriate resolution. SECTION TWO: DUTIES It shall be the duty of any person designated as a Contractors' Licensing Investigator or Zoning Investi- gator to enforce the provisions of the Collier County Contractors' Licensing Ordinance and Zoning Or~inance, respectively, and subsequent amendments thereto relat- ing to licensing and zoning regulations. Nothing herein contained shall be construed to autho- rize or permit any person designated as a Contractors' Licensing Investigator or Zoning Investigator pursuant to this Ordinance to perform any function or duties of a Law Enforcement Officer other than specified herein. Said investigators designated, pursuant to this Ordi- nance, shall not make physical arrests or take any person into cust6dy and shall be exempt from the re- guirements relating to the state high-hazard retirement program and Police Standards and Training Commission as defined and provided by general law. SICTION THREE~ TRAINING AND QUALIFICATIONS A training program for the certification of Contractors' Licensing Investigators and Zoning Investigators for the purpose of authorization to issue citations for violations of the Collier County Contractors' Licensing Ordinance and the Collier County Zoning Ordinance, and amendments thereto, shall include the following~ I. · ORDINANCE DEFINITION Florida Constitution authorizes the Board of County Commissioners to enact Ordinances for the governing of the County on matters of local nature. State statute v.~s County Ordinance. a, Authority to enforce. II. PROVISIONS OF THE ZONING ORDINANCE AND CONTRACTORS' LICENSING ORDINANCE,. III. METHODS OF ENFORCEMENT A. Receiving complaints of alleged violations of Ordinance. a. Telephone. b. In person. C. Written. d. Observation. e. Referred by .Sheriff's Department or other A~ency. Re~og~zing elements that constitute violations of t~fe'Ordinance. Enforcement. a~ Contact with complainant. b~: Contact with Offender. c. Instructions and advice. Warnings, written - oral. (1) The numbers of warnings'. (2) Time between warnings. e. Prosecution. (1) Issue citations. (2) Cases that require State's Attorney involvement. g. Advise complainant of action taken if appropriate. IV. LAWS OF EVIDENCE A. Tangible. a. Personal observation. b, Photographs VI. B. Statements. &. Sworn statements. b. Admise~ons by defendant. c. Statements by defendant. d. Statements of wi~nesses. C. Obtaining and securing evidence. a. Identifying photographs. b. Marking. c. Maintaining custody. REPORT WRITING A. Composition. a. Who, What, Where, When, Why, Ho~? B. Forms. a. Complaint Reports. b. Supplement Reports. c. Letters and Correspondence. d. Warning Citations or notices. e. Notice of Violations (Tags) f. Citations. PROCEDURE FOR XSSUING CITATIONS A. Establish that a violation of the Ordinance occurred in the presence of the Officer. B. Identify the violation. C. Identify the offender. D. Obtain all necessary evidence to prove the viola- tion of the Ordinance. E. Contact t~e offender and explain the violation. F. Issue the completed citation form. G. Have defendant sign the citation form. H. If the offender refuses the citation seek prosecu- tion through the State's Attorneys Office. I. Write a comprehensive report of the violation for office records. J. Distribution' of the issued citation form and back-up material, evidence, etc. K. What to do when .... (~) The offender refuses to give you his ~denti- fication or dr~ver'e license. The offender refuses to sig~ the citation. SECTION FOUR~ ISSUANCE OF CITATIONS Any person designated as a Contractors' Licensing Xnvest/gator or Zoning Investigator is hereby autho- · rized to issue citations for violations of the Collier County Contractorst Licensing Ordinance and Collier County Zoning Ordinance, r%spectively, and subsequent amendments thereto, where such violations are witnessed by said investigators. A c/tat/on issued by said investigators under the provisions of this Ordinance shall be in the following formz Agency Case # 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~ (a.m.) On the , day of . .., 19 , at (p.m.) Last Name First M.I. Aliases Street-City and State Date and Place of Birt~ Phone Race/Sex Height Weight Hair Eyes Scars/Marks Occupation Place of Employment Employment Phone Complexion Driver's License # Yr/St. Social Security At (location) in Collier County, Florida, committed the following offense: (1) (~) tn violation of section(s) z ( ) County Ord. DID (Narrative)~ Name of Officer ID# Age~lcy ( ) Mandatory appearance in County Court, Location 19 , at ( ) a.m.( ) p.m. Month and Day ( ) You need not appear in court, but must comply with instructions on back. Fine and Cost CO-DEFENDANTSz ( ) Cited x. ( ) Name DOB Address · ' ( ) Cited 2. ( ) Name DOB Address ! AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND ~tAT S]IOULD I WILLFULLY FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTXCE TO APPEAR, THAT I MAY BE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED. Sworn to and suscribed before me ~nis day of _ , 19 Signature of Defendant Notary Public-State of FLA. I swear the above and reverse and.attached statements are true and correct to the best of my knowledge and belief. Complainant COLLIER COUNTY ZONING DEPARTMENT ( ) OR COLLIER COUNTY BUILDING CODE COMPLIANCE DEPARTMENT ( Additional information shall be supplied on the back oi the citation in the following form: WAIVER INFORMATION If you desire to plead qutlty or nolo contenders (no contest) and you need not appeal in court as indicated on the face of this notice, you may present this notice at the County court named on the reverse of this page. From , to , Date Hour Date Hour and pay a fine of money order, or certified check. .dollars in cash, The waiver below must be completed and attached. Read carefully. Your failure to answer this summons in the manner sub- scribed 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 thQ above named cause and the right to be present at the trial of said action, l hereby enter my plea of GUILTY ( ) or NOLO CONTENDERE ( ), and waive my right to prosecute appeal ~r error proceed- ings.'' wi understand the nature of charge against me; I under- stand my right to have counsel and waive thin right and the right to a continuance. ! waive my right to trial before a Judge or Jury. I PLEAD CUILTY ( ) or NOLD CONTENDERE ( ) to the charge being fully aware that my signature to this plea will have the same effect aa a Judgement of this Court." Total Fine and Coatt Addresst "~ .... '~.;q.rl/" ' !t~/.OAN,, .,. Fine and Cost may be paid at ~.mailed,:~ot Courts Clerk of Check One: Att ( ) (Central Division) Collier County Courthouse, Naples, Fla. 33942 Or: ( ) (Eastern Division) Branch Court- house, Immokalee, Fla. 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 inv&lid or uncon- stitutional 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 FIVE, ~ENALTIES Violation of any portion of this Ordinance shall be punished as provided by law. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. DATE, February 23~ 1982 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 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 true and correct original oft ORDINANCE NO. 82-20 which was adopted by the Board of County Commissioners of Collier County, Florida, this 23rd day of February, 1982. WILLIAM J. P~AGAN .~.~.:,., Clerk of Courts Ex-officio to B~ard of ''.. County Co3~n~ss~ers '-.'~ ~V/.gg/lOS-Z '.: ZonLng12/9/S1DeparUnent BYV~,~, ~1:~ p'"~ ~ i~ ~ i~ This ordinance flied w~th tho Secreto?~ of State's Znd da~ of Hatch, ]g82 end acknowledgement o? that received ~hts,lth day of H~?ch. 014 -O~Puty Clerk