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Ordinance 76-70O~INA~CE [~O. ?6- 70 AN ORDINANCE DEFINING D~{GEROUS OR HAZARDOUS BUILDINGS, PROVIDING A MRTHOD FOR DESIGNATING }~ZARDOUS BUILDINGS, PE~4ITTING APPEAL FROM THE DESIGNATION OF HAZARDOUS BUILDING, PROVIDING STANDARDS FOR THE REPAIR OR DEMOLITION OF HAZAR- DOUS BUILDINGS BY THE COUNTY, PROVIDING FOR COSTS OF REPAIR OR DEMOLITION TO BE ASSESSED TO TIlE O~aER, PROVIDING FOR~THE VACATION OF }lAZAR- DOUS BUILDINGS, PROVIDIN~ A PENALTY, PROVIDING FOR THE REPEAL OF ORDINANCE NO. 69-3, CONFLICT, SEVERANCE, AND EFFECTIVE DATE. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that, SECTION ONE~ Purpose: The purpose of this Ordinance is to protect the general public from hazards attendant to improperly constructed or maintained buildings or structures. It is to be liberally construed to effect that result. SECTION TWO= Definitions~ For the purposes of this Ordinance the following defini- tions shall obtain: 1. Board~ Board of County Commissioners of Collier County, ~rda. 2. Buildin~ or Structure~ Anything constructed or erected which requires a fixed location on, or in the ground or attached to something having a fixed location on or in the ground. 3. County Manager= County Manager or hie designee. 4. Fire Inspector.: One certified to have met the in- spection training requirements by the Division of State Fire Marshal of the Department of Insurance. 5. Health Inspector~ The Director of the Collier County Health Department. 6. Structural Stability Inspectorl The Collier county Engineer Or his designee. The designee shall be one licensed to practice engineering in the Stat. of Florida or on.~.~ali~.4 by training and experience to determine the extent to buildings are damaged or deteriorated. ~ 7. Owner: The record owner or owners of all or ~9 part of the building or structure and/or property upon~ said building or structure is located ~. 8. Dangerous or Hazardous Buildin~ ~,. a. A structure which, in the opinion of the Fire Inspector constitutes a fire hazard; or b. A structure which, in the opinion of the Health Inspector, constitutes a threat to the health of its occupants or to the health of the general public by reason of the unsanitary, infectious or defective condition of said building; or c. A structure which in the opinion of the Struc- tural Stabil.~ty Inspector, falls below minimum °, d. A structura, the interior walls or other vat,isa1 structure members of which, list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third o! its basel or e. A structure, exclusive of the foundation, which evidences 33% or greater damage to or deterioration of the non-supporting, enclosing, or outside walls or covering; or f. A structure existing in violation of any provi- sion of the Building Code of Collier County or any other ordinance of the County. SECTION THREE: Elimination of Nazardous Conditions~ If ~n appropriate person, as identified in SECTION TWO, identifies a hazardous or dangerous condition existing within a building or structure, he shall make an itemized report of all hazards within the area of his expertise and certify said report to the County Manager. The County Manager shall then notify the owner of the offending property, in writing, and demand that said owner cause the hazardous condition to be remedied. The notice shall be given by certified mail, addressed to the owner as his name appears upon the record of the County Property Appraiser. If the building or structure is occupied, the County Manager shall also cause a copy of the notice to be served upon the occupant or occupants of the property, or upon any agent of the owner. In the event that personal service upon the owner, the occupant of the property, or upon any agent of the owner thereof, cannot be performed after diligent search, then service shall he 'accomplished by physically posting the notice upon said property. After service of the notice, the owner shall have 30 days to remedy the hazardous condition or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the County Manager's determination of the existence of a hazardous building he may apply for a hearing before the Board of County Commissioners of Collier County within fifteen (15) days from the date of service of the notice. The notice shall be in substantially the following fermi NOTICE OF D~GEROUS BUILDING DATEz NAME OF ADDRESS OF O¥~NER~ Our records indicate that you are the ownerCs) of the following property in Collier County, Florida. An inspection of this property discloses, and I have found and determined, that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general pu~lio of Collier County. The specific hazards are as follows~ You are hereby notified that unless tho above dangerous conditions are remedied, so a~ ko make the property non- violative of thio Ordinance within thirty (30} days from the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further noti- fied that should you desire to contest the County Manager's determination of the existence of a dangerous building you may apply for a hearing before the Board of County Commis- sioners of Collier County. Such request for hearing shall be made in writing to the County Manager within fifteen (15} days from the date of this notice. SECTION FOUR~ Standa'rds for.. the Repair or Demolition of IIazardous....Buildings by the Countyl If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condi- tion exists, or within fifteen (15) days of the final determina- tion by. the Board that a hazardous condition exists, then the County Manager shall, in ordering the repair or demolition of dangerous buildings, be guided by the following standards~ 1. If the cost to repair a dangerous building would exceed fifty (50%) percent of its present market value, it shall be demolished,. 2. If the cost to repair a dangerous building would not exceed fifty (50%) percent of its present market value, the County Manager shall consider the £ollowtng criteria when doter- mining whether to demolish or repair the building~ a. The cost to repair. b. The cost to demolish. c. The value of the property if the building is repaired. d. The value of the vacant land. Whether or not the building is presently occupied. f. Whether or not the building can reasonably be made to conform to existing building code standards. g. The historical significance of the building SECTION FIVEr Assessment of Costs to Owner~ 1. If the owner fails to remedy the hazardous condition, the County shall remedy the hazardous condition and notify the owner (by certified mail with return receipt) of the expense incurred. The County Manager shall then certify to the Board and to the Fiscal Officer the expense incurred in remedying the condition, whereupon such expense shall become payable within thirty (30) days. If the owner fails to pay the expense incurred within the prescribed time limit, the Board shall cause a resolution to be adopted assessing a special lien and charge upon the property which shall be pay- able with interest at the rate of six (6%) percent per ann~m from the date of certification by the County Manager. The notice of assessment shall be in substantially the following form: NOTICE OF ASSESSMENT DATEz NAME OF OWNER~ ADDRESS OF OWNER: You, as the owner of the following property; (describe are hereby advised that Collier County, Florida did on the day of , 19 , order that the hazar-~us or dangerous Condition w'~ch existed on the above property be remedied, sending you notice thereof, the specific hazards being: (Itemize ]razards) A copy of such notice has been heretofore sent to you. You have failed to remedy the hazardous conditton~ where- upog, it was remedied by Collier County at a cost of $ ~ such cost, has been assessed against the above property, in the same manner as a tax lien in favor of Collier County on , 19 . You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Clerk of the Board of County Commissioners in writing within ten (10) days from the date of this notice. Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest. Notice of such lien shall be filed in the office of the Clerk of the Circuit Court and recorded among the public records of Collier County, Florida. 2. If the owner feels that the expense certified by the County Manager to the Fiscal Officer for correcting the hazar- dous condition in excessive, he may appeal the amount assessed by filing a written notice of appeal with the County Manager, with a copy to the County Clerk, within ten (10) working days after the notice of assessment. The owner may then appear before the Board and present facts supporting his position, thereafter, the decision of the Board shall be final. 3. The Property Appraiser shall keep complete records relating to the amount payable for liens, above described, and the amount of such lien shall be included in tax statements thereafter submitted to the owners of lands subject to such liens. SECTION SIX: Notice to Vacate Premisest If a dangerous or hazardous building exists, to the extent that it causes danger of imminent peril to life and health, the Board may order the building to be vacated. SECTION SEVEN: It shall be unlawful for the owner of a building or structure to permit said building to exist upon his land ~n violation of SECTION TWO, Paragraph 8.(d),(e) and (f}. SECTION EIGHT: Penalty. A violation of SECTION SEVEN of this Ordinance shall be a misdemeanor and shall be punished according to law. Each day such violation i~ permitted to exist by tho owner shall con- , stitute a separate offense. SECTION NINR~ Repeal of Previous Ordinances. Ordinance No. 69-3 is hereby repealed. SECTION TENt Conflict and Severance. In the event this Ordinance conflicts with any 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 invali~ or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion thereof. SECTION'ELEVENz Effective Date. This Ordinance shall become effective upon becoming law. This Ordinance has been filed with the Secretary of State. DATED~ December 21, 1976 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY~ FLORIDA ~./-% ATTEST: u..· ~- ' '.- ~ ~':.??.~. :~.,.~. -~ .... ~o~ '~. ,~:~wo~=, .~ .. .... ., .. Collier Co~ty Attorney ~,, ~,. '.,,. ,...,~' ..... ,~'* ~ ,," -,~. This ordinanc, fil.~ with the the 27th day of December, 1976 an~ aoknowlm4~en~ of that filing receivmd this 4th day of January, 1977.