Sec. 22-81. - Designations.

(a)

Those agents or employees of the county building code compliance department who are to serve as contractors' licensing investigators shall be designated by the board of county commissioners' adoption of the appropriate resolution.

(b)

Those agents or employees of the county zoning enforcement section who are to serve as zoning investigators shall be designated by the board of county commissioners' adoption of the appropriate resolution.

(Ord. No. 82-20, § 1; Ord. No. 85-34, § 1)

Sec. 22-82. - Duties.

(a)

It shall be the duty of any person designated as a contractor's licensing investigator to enforce the provisions of the county contractor's licensing ordinance (article V of this chapter) and subsequent amendments thereto relating to contractor's licensing.

(b)

It shall be the duty of any person designated as a zoning investigator to enforce the provisions of the county zoning ordinance, protected tree ordinance, and exotics ordinance, and subsequent amendments relating to said ordinances.

(c)

Nothing herein contained shall be construed to authorize or permit any person designated as a contractors' licensing investigator or zoning investigator pursuant to this article to perform any function or duties of a law enforcement officer other than specified herein. Said investigators designated, pursuant to this article, shall not make physical arrests or take any person into custody and shall be exempt from the requirements relating to the state high-hazard retirement program and police standards and training commission as defined and provided by general law.

(Ord. No. 82-20, § 2; Ord. No. 85-34, § 2)

Sec. 22-83. - Training and qualifications.

(a)

A training program for the certification of contractors' licensing investigators for the purpose of authorization to issue citations for violations of article V, of the county contractors' licensing ordinance and a training program for the certification of zoning investigators for the purpose of authorization to issue citations for violations of the county zoning ordinance, exotics ordinance, and protected tree ordinance and amendments thereto, shall include the following:

(1)

Ordinance definition:

a.

Florida constitution authorizes the board of county commissioners to enact ordinances for the governing of the county on matters of local nature.

b.

State statute vs. county ordinance:

1.

Authority to enforce.

(2)

Provisions of the protected tree ordinance, exotics ordinance, zoning ordinance and contractors' licensing ordinance.

(3)

Methods of enforcement:

a.

Receiving complaints of alleged violations of ordinance:

1.

Telephone.

2.

In person.

3.

Written.

4.

Observation.

5.

Referred by sheriff's department or other agency.

b.

Recognizing elements that constitute violations of the zoning ordinance, protected tree ordinance, exotics ordinance, and contractors' licensing ordinance, as applicable.

c.

Enforcement:

1.

Contact with complainant.

2.

Contact with offender.

3.

Instructions and advice.

4.

Warnings, written, oral.

i.

The numbers of warnings.

ii.

Time between warnings.

5.

Prosecution:

i.

Issue citations.

ii.

Cases that require state's attorney involvement.

6.

Advise complainant of action taken if appropriate.

(4)

Laws of evidence:

a.

Tangible:

1.

Personal observation.

2.

Photographs.

b.

Statements:

1.

Sworn statements.

2.

Admissions by defendant.

3.

Statements by defendant.

4.

Statements of witnesses.

c.

Obtaining and securing evidence:

1.

Identifying photographs.

2.

Marking.

3.

Maintenance custody.

(5)

Report writing:

a.

Composition:

1.

Who, what, where, when, why, how?

b.

Forms:

1.

Complaint reports.

2.

Supplement reports.

3.

Letters and correspondence.

4.

Warning citations or notices.

5.

Notice of violations (tags).

6.

Citations.

(6)

Procedure for issuing 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 violation of the ordinance.

e.

Contact the 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 prosecution 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 backup material, evidence, etc.

k.

What to do when:

1.

The offender refuses to give you his identification or driver's license.

2.

The offender refuses to sign the citation.

(Ord. No. 82-20, § 3; Ord. No. 85-34, § 3)

Sec. 22-84. - Issuance of citations.

(a)

Any person designated as a contractors' licensing investigator is hereby authorized to issue citations for violations of article V of this chapter, the county contractor's licensing ordinance, where such violations are witnessed by said investigator.

(b)

Any person designated as zoning investigator is hereby authorized to issue citations for violations of the county zoning ordinance, the protected tree ordinance and subsequent amendments relating to said ordinances, where such violations are witnessed by said investigator.

(c)

A citation issued by said investigators under the provisions of this article shall be in substantially the following form:

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:

_____
Last Name     First     M.I.     Aliases       

_____
Street, City and State     Date and Place of Birth   

_____
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)  _____   (2)  _____

in violation of section(s): _____ ( ) County Ord.

DID (Narrative): _____

_____

_____

_____

_____

_____

_____

_____

_____

_____
Name of Officer     ID#     Agency

 ( ) 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-DEFENDANTS:

I agree to appear at the time and place designated above to answer the offense charged or to pay the fine subscribed. I understand that should I willfully fail to appear before the court as required by this notice to appear, that I may be held in contempt of court and a warrant for my arrest shall be issued.

Collier County Zoning Enforcement Section ( )

or

Collier County Building Code Compliance Department ( )

(d)

Additional information shall be supplied on the back of the citation in the following form:

WAIVER INFORMATION

If you desire to plead guilty or nolo contendere (no contest) and you need not appear 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.

and pay a fine of ____________ dollars in cash, money order, or certified check.

The waiver below must be completed and attached. Read carefully.

Your failure to answer this summons in the manner subscribed 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 the above-named cause and the right to be present at the trial of said action. I hereby enter my plea of GUILTY ( ) or NOLO CONTENDERE ( ), and waive my right to prosecute appeal or error proceedings."

"I understand the nature of charge against me; I understand my right to have counsel and waive this right and the right to a continuance. I waive my right to trial before a judge or jury. I PLEAD GUILTY ( ) or NOLO CONTENDERE ( ) to the charge being fully aware that my signature to this plea will have the same effect as a judgment of this Court."

Total Fine and Cost: _____

Defendant Signature: _____

Address: _____

_____

Fine and cost may be paid at or mailed to: Clerk of Courts

(Ord. No. 82-20, § 4; Ord. No. 85-34, § 4)

_____

Secs. 22-85—22-105. - Reserved.