Ordinance 79-028ORDINANCE NO. 79- 28
AN ORDINANCE ~4ENDING ORDINANCE NO. 74-15 ~NDING THE
ZONING ORDINANCE FOR THE I~OF~LEE AREA PLANNING DISTRICT
BY ADDING SECTION XIII ADMINISTRATION AND ENFORCEMENT
AND PROVIDING AN EFFECTIVE DATE: o
O
t~EREAS,the Immokalee Area Planning Commisslo~5~,b~txon, d
Board of County Commissioners to amend Ordinance Nd~7~15
adding Section XIII Administration and Enforcement G~eral~
Building Permits, Certificates of Occupancy. ',~ ~
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY,FLORIDA:
SECTION ONE:
1. Ordinance No. 74-15 The Zoning Regulations for the Immokalee
Area Planning District is amended by adding Section XIII as hereinbelow
stated.
(SEE ATTACHED)
SECTION TWO:
This Ordinance shall become effective upon receipt of notice that
it has been filed with the Secretary of State.
DATE: Nay 1, 1979
.A.T~T ': ....
STATE OF FLORIDA )
BOARD OF COUNT CO ISSIONERS
bAVID ~. ' ('"DOC") BROWN,CHAIPJ~AN --'
~ROVED AS ~EO F~>RM~ LEGALITY:
COUNTY OF COLLIER )
1, WiLLiAM J. REAGAN, Clerk uf Court~ '- --~ '-- '~- ~'~-~ ~"~-~
Collier County, Florida, do hereby certify that the foreKoing is a tru~or~gtnal
ORDINANCE NO. 79-28
which was adopted by the Board of County Co~issioners during Regular
1979.
~IT}IESS my hand and the of[tet~l ~eal of the Board of County Co~,~[o~
Colller County, Florida, tht~ 2nd day o[ ~ay~ 1079,
This ordinance filed with the Secretary
of State's office the.4th day of May,
1979 and acknowledgement of that filing
received this 9th ~y of May, 1979. .
· Deput~Clerk .... ~
WILLIAM J. REAaAN
Clerk of Courts and Clerk, . .
£x-eff~c~o to Board of't ','~ ,1~/
County~mmissioners? ,
Vi[gtni~Magri
Deputy Clerk ..,
OOg
PERMITS,CERTIFICATES OF OCCUPANCY:
~. GeneU~: An administrative official to be known as the Director, ·
designated by the Board shall administer and enforce the zoning
ordinances. The Director is authorized to act through aides and
assistants. In the performance of his duties,the Director may request
the assistance of any appropriate officer or agency of the County.
lle shall investigate promptly complaints of v~olations reporting
his findings and actions to compla.in, gnts, and shall use his best
endeavors to prevent violations or to detect and secure the
correction of violations. If he finds that any of the provisions
of this ordinance are being violated,he shall notify in writing
the person responsible for such violation,indicating the nature.
of the violation and ordering the action necessary to correct it.
lie shall order the discontinuance of illegal use of l~nd,buildings,
or structures;removal of illegal buildings or structures or of
illegal additions,alterations,or structural changes;discontinuance
of any illegal use of land,buildings,or structures;removal or illega~
buildings or structures or of illegal additions;alterations,or
structural changes;discontinuance of any illegal work being done;
or shall take any other lawful action authorized by this zoning
ordinance necessary to insure compliance with or to prevent violation
of'this ordinance. Failure to comply with any such order,of the
Director shall be a violation of this Ordinance.
The Director shall maintain written records of all official actions
of his office with relation to administration,and of all complaints
and actions taken with regard thereto,and of. all violations
discovered by whatever means,with remedial action taken and
disposition, of all cases;and the same shall be a public record.
2. Zoning Action on Building Permits: The Director shall be
responsible for determining whether ~pplicants for building permits
as required by the building code of the County are in.accord with
'the requirements of this zoKing ordinance,and no building permit
shall be issued without written certification that plans submitted
Conform to applicable zoning regulations'. No building or structure
shall be.erected,moved,added to,or altered without a permit as
required by th~ Collier County Building Code and no building
permit shall be issued by the Director for the erection,moving,
addition to,or alteration of any building or structure except
in conformity with the provisions of this zoning ordinance,unless
he shall receive a written order in the form of an administrative
review from the Board of zoning Appeals interpretation or variance
as provided by this zoning ordinance or unless he shall receive
a written order from a court of competent jurisdiction.
3. Appli'cation for Buildin~ Permit: Ail applications for building
permits Sha]L'.in"addition to contai'ning the information required
by the Buildin~ .Department,be accompanied by plot and construction'
plans drawn to scale,showing the actual shape and dimensions of''
the lot to be built upon;the exact sizes and locations on the lot
of buildings already existing,if any;the exact size and location
on the lot of the building or buildings to be erected or altered;
the existing use of buildings on the lot,if any;the intended
use of each building or buildings or parts thereof;the number of
families the building is designed to accomodate;the location and
number of required off-street parking and off-street loading spaces;
approximate locatidn of trees protected by County regulations;and
such other information with regard to the lot and existing
proposed structures as may be necessary to determine compliance
with. and provide for the enforcement of this zoning ordinance.
Where ownership or property lines are in doubt,the Director may
require the submission of a survey certified by a land surveyor
or engineer licensed in the State of Florida. Propert~ stakes
shall be in place at time of commencement of construction.
4. Certificate of Occupancy: It shall be unlawful and a violation
of this ordinance to use or 6ccupy,or to permit the use or
occupancy,of any building,premises,or both,or part thereof
hereafter erected,created,changed,converted,wholly or partly
enlarged in its use or structure until a certificate of
occupancy has been issued by the Director stating that the
proposed use of the structure or land conforms to the
009 65
requirements of this zoning ordinancQ.
No permit for erection,moving,alteration,or repair of any building
shall be issued until an application has been made for certificate
of occupancy,and the certificate shall be issued in conformity
with the provisions of this zoning ordinance upon completion of
the work.
5. Temporary Certificate of Occupancy: A temporary certificate
of o~cUpancy ma'~: hq'issued bf the Director for a purlod not
exceeding six (6) months during alterations or partial occupancy
of a building pending its completion,provided for such temporary .
certificate may include such conditions and safeguards as are
necessary in the circumstances fo protect the safety of building
occupants and the general public.
6. Certificate of Occupancy: Records,Violations:The D~rector
shall' maintain a record of'alf-Certific'~tes Of'occupancy and a
copy shall be furnished to any person upon request. Failure to
obtain a certificate of occupancy as required by this zoning
ordinance shall be a violation of this ordinance.
7. ConstrUction and Use to be as Provided in Applications:Status
of ~ermit IsSued-in Error': 'B6i~ding permits or cer6i~i6a%es of
oCcupancy i~sded on %he b'asis of plans and specifications' approved
by the Director authorize only the use,arrangement,and construction
set forth in such approved plans and applications,and no other
use,arrangement,or construction. Use,arrangement,or construction
different from that' authorized shall be deemed a violation of this
zoning ordinance.. ..
Statements made by the applicant on the b'uilding permit application
shall be deemed offioial statements,'Approval of the application
by the D~r~ctor shall in no.. way exempt the applicant from strict
observance of applicable provisions of this zoning ordinance and
all other applicable regulations,ordinances,codes.,and laws.
A building permit issued in error shall not confer any rights
or privileges to the applicant to proceed to construction,but
the County shall have the power to revoke.such permit if actual
construction has not commenced.
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