Ordinance 69-03 IYATIC O? IrLORIOA
THl: CAFI?OI.
TAI. I. AHAI I t I: 3i1'~ 04
october 27, 1969
James R. Adams, Esquire
County Attorney
Board of County Commissioners
Naples, Florida 33940
Dear Mr. Adamst
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of October 24 and certified copy of Collier
County Ordinance No. 69-3 relative to the minimum housing
code. The ordinance was officially file~ in this office
on October 27, 1969.
Trusting thatyou will feel free to call upon us
whenever we may be of service, ~ remain
Sincerely,
TOM A~MS
Secretary of State
Administrative Code
WLG/lc
BOOK 1 PAGE 13-A
County Ordinance No. 69-3
AN ORDINANCE TO BE ENTITLED
AN ORDINANCE PROVIDING A METHOD AND THE PROCEDURES
FOR TIlE BOARD OF COUNTY COMMISSIONERS TO ENFORCE
THE REPAIR, CORRECTION, VACATION, REMOVAL, CON'
DFRNATION OR DEMOLITION OF DANGEROUS BUILDINGS
WIiICH THREATEN THE HEALTH OR SAFETY'OF OCCUPANTS
OR THE PUBLIC; DEFINING A' DANGEROUS BUILDING
AND ESTABLISHING HINIHL~ STANDARDS OF PHYSICAL
CONDITION AND STATE OF REPAIR; PROVIDING ORDINANCE
IS APPLICABLE ONLY TO HOUSING, PUBLIC OR PRIVATE;
PROVIDING AN APPEAL PROCEDURE AND FOR COSTS THEREOF;
PROVIDING MANNER OF GIVING NOTICE TO INTERESTED
PERSONS; PROVIDING THAT ORDINANCE IS CUMULATIVE
AND SUPPLEMENTAL TO OTHER. AUTHORITY; PROVIDING
FOR .H.A. RDSNIP AND SPECIAL CASES; PROVIDING METHODS
OF ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIE~
COUNTY, FLORIDA:
SECTION 1. All territory within the boundaries of
Collier County, which is outside the corporate limits of any
municipality thereof, shall be embraced by the provisions of
this Ordinance.
SECTION 2. The purpose of this Ordinance is to provide
a method by which the Board of County c~is'sioners of Collier
County may require chat substandard housing, ~hich is a threat
to the health or safety of the occupants thereof or of the general
public, be repaired, corrected, vacated, removed ot .demolished.
SECTION 3. For the ~urposes of this Ordinance, and unless
the context clearly indicates a contrary meaning, the following
words and phrases shall have these meanings assigned to them:
(a) Dwelling Unit: Any room, or suite of rooms,
with or without facilities for regular cooking,
and occupied by a person or family as a place of
residence.
(b) Family or Family Unit: A group of persons, not
necessarily related by blood or marriage, livir~
together as a single housekeeping unit.
(c) Building: Any home, residential structure or
dwelling unit, whether public or private,
(d) Board or Board of County Commissioners: Board
o~ County Commissioners of Collier County, Florida.
SECTION 4. It ia hereby found and determined that any
building located in the County of Collier is a "dangerous build~ng'
and a public nuisance when the same is not built, constructed, re-
pa~red, kept, maintained and occupied In a condition of at least
equal to the following standards which are hereby defined as minimum
standards for the protection of the public health and safety:
(a) AIl habitable rooms, toilets, bathrooms, public
halls, corrido~s, stait~ays, lobbies, £oyers, common
or public areas, and all other rooms used at night,
shall have at least one electric fixture or outlet.
installed and maintained so that it may be used as a
source o~ illumination fo~ such space; i£ electric
power service is available from a distance less than
one-hal£ mile from the building involved.
(b) Each habitable room, including toilets and bath-
rooms, shall have not less than one windowwith an
area of not less than ten per cent (107.) of the floo=
area of the room and at least half of which window
area may be opened for the admission of outside air,
or a mechanical ventilation system capable of pro-
viding fresh air at least equivalent to such window
ventilation.
(c) Windowa~shall open or face directly upon a
yard, street, alley or court, and if the same faces
upon a court, there shall not be less than three
feet of clear space between the outside of such win-
dows and the property line.
(d) No wall or other nominally vertical structural
member shall list, lean or buckle to such an extent
chat a plumb line passing throush the center of the
topmost portion or level the:eof falls outside the
middle third of its base.
(e) Foundations shall be level.
(f) No floor, ceiling, roof or beam o~ other nomin-
ally horizontal component of a dwelling unit shall
ass in excess o£ allowable engineering practices.
The roof of a dwelling unit shall not leak.
(h) Ingress to and ed:eSs from any dwelling unit
shall not require passing through anothe: dwelling unit.
(i) All~ind~;s, doo:s and other apertu~ea opening
to the outside or to the other unscreened areas shall be
tightly screened with screening of ~16 mesh oF finer.
(J) Yards adjacent to any dwellin~ unit shall be
graded and maintained so as Co drain water oE£ the
or in=o drainage structures on the lot and no standing
or stagnant pools of water shall be permitted on any
yard or lot.
(k) Each dwelling unit shall have not less than one
sink, one tub bath, or shower bath, and one flush
type water closet, each connected Co a water system
or to a well and pressure system, all maintained in
good ope:aCing condition with all Joints, pipes,
valves and connections sound and watertight; provided,
these standards shall not be required in the case
of buildings where water system connection is not
available and electric power service is not available
from a distance of less than one-half mile.
(1) Where any dwelling unit shall be occupied by
more than ten persons, a~ additional sink, an addi-
tional tub bath o: shower bath, and an additional
flush type water closet shall be installed and main-
tained for each additional ten pc:sons, or £raction
thereof, above the first ten.
(m) .Required plumbing fix:utes shall each be in a
fully enclosed room, not necessarily the same zoom,
accessible without leaving the shelter of the roof
of the building in which the dwelling unit having
such plumbing fixtures.is located and without passing
through any other dwelling unit.
(n) All drains, outlets and outfalls from any
quired plumbing fixture shall be connected to a
sanitary sewer system o: to a septic tank which
shall be constructed and maintained to meet the
standards and requirements of the county and of the
State Board of Health.
(o) Floors, ceilings and walls of any,room shall be
built and maintained so as to be reasonably tight and
secure against the entrance of rodents, household
pests and vermin.
(p) Every sleepin& room or multi-purpose room used
for sleeping shall provide a minimum of three hundred
(300) cubic feet of sir space.and forty (60) square
feet of floor space for each person twelve (12) years
old or older occupying the same and a minimum of
two hundred (~00) cubic feet of air space and fc=ty
(60) square feet of floor space for each person under
the age of twelves(12) years occupying the same,
vided that no sleeping.room shall have a floor area
of less than sixty (60)~'square feet.,.
(q) The total floor area of all habitable rooms in
a dwelling unit shall b~such as to provide at least
seventy-five (75) square feet of floor area per person
of the family twelve years of age or olde: and
at least forty (60) square feet of floor area per person
3
of the family under t~e~ve (12) years of age; provided
that in computing required floor area under this or the
preceding paragraph only those portions shall be included
having a ceiling height above them of' at least seven
feet six inches (7'6").
(r) The provisions of the foregoing paragraphs shall
apply co all buildings except where express reference
is made Co dwelling unit, buc where such reference .
made to dwelling unit, then such standards shall app£y
only to a building designed for or used as a dwelling
unit.
SECTION 5. The owners or their agents, custodians or
lessees of dangerous buildings are required to rep. ir or correct
the same, or otherwise to correct or improve the condition making
same a dangerous building, and if said persons or one of them should
fait to repair or correct such dangerous buildings, or correct the
condition causing same to be a dangerous building, or correct such
other violation or substandard condition aa may exist, then the
said Board may, by appropriate action, condemn such dangerous build-
ing, vacated, abandoned or demolished. Provided, notice and a rea-
sonable opportunity, consisting of not less than six (6) months,
shall be afforded the o~ner or other person affected to do the
necessary work or take the necessary corrective measures before the
said Board orders such dangerous building condemned, vacated, abandoned
or demolished, 'Provided further, before the Board orders such dan-
gerous building condemned, vacated, abandoned or demolished, notice
as hereinafter provided and a public hearing thereon, shall be afforded
the owner of and any person having any right, title or interest in
or to the same.
SECTION 6. Authorized personnel engaged in enforcing
the provisions of this Ordinance may enter any building, structure,
or premises, at reasonable times, to make inspections or perform
other duties required in the administration of this Ordinance.
SECTION 7. Any person, firm or corporation aggrieved by
any order, requirement or decision of any administrative official
made under the provisions of this Ordinance may appeal such order,
requirement or decision to the Board of County Commissioners who
shall order a public hearing thereon and cause a notice of the date,
time, place and general purpose thereof to be published once at
least thirty (30) days in advance of said hearing in a newspaper of
general circulation in Collier County. If the appellant has furnished
his address, a copy of the notice shall be mailed to the appellant
on or before the day of such publication. Within thirty (30) days
following said public hearing, the Board shall affirm, modify or
verse, in whole or in pare, the order, requirement or decision appealed
from. The appellant may be required to pay the cost of said notice
and an appeal fee, not to exceed Twenty-five Dollars ($25.00), which
shall be paid into the General Fund of the County, all of which costs
shall be refunded to the appellant if the order, requirement or de-
cision appealed from is either modified or reversed.
SECTION 8. Notice to any owner or other persons concerning
any substandard condition, and notice of an7 hearing or other pro-
ceeding pursuant to this O~dinance may be served by registered or
certified mail return receipt requested, add:eased to the party
be served at his residence address or a: his business address, or by
personal service in the same manner provided by the statutes of
State of Florida for personal service of original process in civil
actions, except that such service may be made not only by the persons
named in such statutes, but also by any officer, agent or employee
of the County of Collier, in which case return and proof of service
may be made by affidavit, or, if after diligent search and inquiry
neither the business nor residence address of the person to be served
ts kno~,m to the officer, agent or employee of the County of Collier
makifi8'sfich,.search and inquiry, service may be effected by publishing
notice four times, one week apart, in a newspaper of general air-
culation published in the County of Collier qualified to print legal
adverCisements, the first of such publications to be at least thirty
i 09
BOOK
(30) days before the time requ~ed for any action or the time set
for any public hearing as stated therein. Any notice of a hearing
shall describe the land affected. ~e~e any p~ope~ty o~ any
~here~n ts o~ed by ~enan~. by ~he en~ire~y or by Join~ ~e~n~s,
each tenant shall be deemed ~o be the a~enC off ~he other and notice
Co one of them shall be deemed Co be notice ~o both or all, and
service upon one of them shall be deemed to be service upon both
all of Chem.
SECTION 9. ~e Board ~y ~fde exceptions to the standards
se: fo::h tn ~his Ordinance, ~o amend ~he standards se: fo:th tn ~his
Ordinance, and Co p~omulsate ~easonable standards by resolution
provide for hardship cases, special cases and :he e~ec: of n~
developments in the butldtn8 co~uc:ion industry, and ~o pass all
necessary ordi~nces and resolutions and ~o p~°Vide all necessary
proced~es ~or said p~poses.
SECTION 10. Any ps:son, ~i~m o~. co:potation v~olatin8
any provision o~ this Ordinance, upon conviction ~he~eo~, shall be
punished as provided by law.
SECTION 11. I~ is declared :o be the lestslacive in:enC
that, i~ any seccion~ sub-sec:ion~ sentence, clause, phrase~
or other provision o~ chis ~di~nce la held invatid, the :e~inde~
of the O:dt~nce shall not be affected.
SECTION 12. This Ordinance shall take e~ec: as ~ovided
by law
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