Sec. 22-256. - Title.

This Article shall be known and may be cited as the "Collier County Standard Housing Code".

(Ord. No. 89-06, § 1)

Sec. 22-257. - Definitions.

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure, and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot in the same ownership. Where a building is attached to the principal building, it shall be considered a part thereof, and not an accessory.

Attic means any story situated wholly or partly in the roof, so designated, arranged or built to be used for storage.

Basement means a portion of a building located partly underground, or below required flood elevation, but having more than one-half of its floor to ceiling height below the average grade of the adjoining ground.

Building means an edifice or structure of any kind which is built or constructed of parts joined together in some definite manner.

Building code means county building code as enacted by the Board of County Commissioners.

Code enforcement board means a local government code enforcement board created pursuant to F.S. ch. 162 and the applicable County code enforcement board ordinance.

Housing code inspector means any authorized agent, representative, or county employee designated by the housing official to ensure compliance and enforcement of the provisions of this article.

Condemnation means the declaration by a code inspector that a property or structure is unfit for use or habitation or dangerous to person or other property pursuant to F.S. ch. 553, pt. VII (F.S. § 553.70 et seq.).

Dangerous buildings and structures means all buildings or structures which are unsafe, unsanitary, unfit for human habitation, or do not provide for adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.

Debris means any material which is stored externally and is not otherwise covered and shall include, but not be limited to the following: discarded household items; inoperative or discarded machinery, automobiles or appliances; refuse, rubbish, trash or junk; used scrap or discarded lumber, pipe, steel, plumbing fixtures, insulation, and other building material.

Deterioration means a lowering in quality in the condition or appearance of a building or parts thereof, characterized by holes, breaks, rot, cracking, peeling, rusting, or any other evidence of physical decay or neglect, or excessive use, or lack of maintenance.

Dilapidated means substantial deterioration of a building or parts thereof, such that said building, or a portion thereof, is no longer adequate for the purpose or use for which it was originally intended.

Dwelling means any building, structure, trailer, mobile home or rooming house which is wholly or partly used or intended to be used, in whole or in part, for living or sleeping by human occupants, whether or not such structure, building, trailer, mobile home or rooming house is occupied or vacant.

Dwelling unit means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, whether or not such unit is occupied or vacant.

Electrical code means the County electrical code as enacted by the Board of County Commissioners.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food, including food containers of any type.

Gas code means the County gas code as enacted by the Board of County Commissioners.

Habitable room means a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, laundries, pantries, foyers or connecting corridors, closets, storage space or utility rooms.

Housing official means the officer charged with the administration and enforcement of this article or a duly authorized representative or representatives.

Infestation means the presence within or around a dwelling of insects, rodents, or pests which are detrimental to the public health, safety, and general welfare of the residents or occupants.

Inoperative vehicle means a vehicle which is in a state of disrepair and incapable of being moved under its own power.

Occupant means any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit within the confines of any building or structure.

Openable area means any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

Operator means any person who has charge, care, or control of a building, or a part thereof, whether with or without the knowledge or consent of the owner.

Owner means the holder of the title in fee simple and any person in whose name tax bills on the property are issued. It shall also mean any person who, alone or jointly or severally with others:

(1)

Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(2)

Shall have charge, care or control of any dwelling or dwelling unit, as owner, personal representative, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or vendee in possession, or assignee of rents, lessee, or other person in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner.

Oxygen depletion sensing system (ODSS) means an automatic pilot and shutoff system. Incorporates a pilot designed to be stable within narrow conditions of operation which is designed to blowout or lift-off under reduced oxygen atmospheres, resulting in gas shutoff by a companion valve.

Plumbing code means the plumbing code of the County as enacted by the Board of County Commissioners.

Premises means a lot, plot or parcel of land including the buildings or structures thereon.

Roominghouse means any dwelling containing one or more dwelling units in which space is let or leased by the owner or operator to one or more persons who are not the wife, husband, son, daughter, sister, brother, father or mother of the owner or operator.

Rubbish means any combustible and noncombustible waste material other than garbage.

Skylight means an opening through the roof and ceiling to admit light to a room, including the window portion therein. The assembly may or may not have an operable section to provide ventilation.

Stairways means one or more flights of stairs and the necessary landings and platforms which form a continuous and uninterrupted passage from one story to another, within or attached to the exterior of a building or structure.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished ceiling level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a story.

Structure means an edifice or building of any kind which is built or constructed of parts joined together in some definite manner.

Substandard means any residential building or structure used as a dwelling or dwelling unit which is so damaged, decayed, dilapidated, or vermin infested that it creates a hazard to the health or safety of the occupants/public. Any such unit which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants/public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard.

Ventilation means the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling.

Weatherproof means able to withstand exposure to weather without damage or loss of function.

Weathertight means able to exclude wind and rain under normal conditions.

Yard means an open, unoccupied space on the same lot with a building, structure or dwelling.

Zoning ordinance means the comprehensive zoning ordinance for the unincorporated area of the county, as the same may be from time to time amended.

(Ord. No. 89-06, § 3)

Cross reference— Definitions generally, § 1-2.

Sec. 22-258. - Rules of construction.

For the purposes of administration and enforcement of this article, unless otherwise stated in this article, whenever the words "structure", "building", "dwelling unit", "roominghouse" or "premises" are used in this article, they shall be construed as though they were followed by the words "or any parts thereof".

(Ord. No. 89-06, § 4)

Sec. 22-259. - Purpose and scope.

(a)

This article is hereby declared to be remedial and shall be construed and interpreted to secure the public safety, health and general welfare through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of dwellings.

(b)

The provisions of this article shall apply in the unincorporated area of the county to every portion of a building or premises, used or intended to be used as a dwelling or dwelling unit in whole or in part, irrespective of the primary use of such building or structure and irrespective of when such building or structure was or is constructed, altered or repaired.

(Ord. No. 89-06, § 2)

Sec. 22-260. - Housing official.

There is hereby established the position of housing official who is hereby charged with the duty of administering the applicable standards set forth in this article and securing compliance with all applicable provisions of this article. The code enforcement director is hereby designated to be the housing official established by this section. The housing official is hereby authorized and directed to:

(1)

Make such inspections or take other appropriate actions as may be necessary to effectuate the purposes and intent of this article and to initiate appropriate action to require compliance where such inspections disclose any instances of noncompliance with this article;

(2)

To receive and investigate complaints of alleged violations of this article or other unsafe or unsanitary housing conditions. In the course of such investigations the housing official shall gather all relevant information relating to said complaints, to conduct field investigations and inspections of real property where necessary and to enter upon real property in the conduct of official business as authorized by Section 22-261

(3)

To issue notices of violation and written demands to correct violations of this article in accordance with the procedures set forth in Section 22-262

(4)

To initiate such other criminal or civil enforcement procedures as may be authorized by law to require compliance by any owner, operator, occupant or other responsible party with the provisions of this article;

(5)

To appoint housing code inspectors to assist the housing official in enforcing the provisions of this article.

(Ord. No. 89-06, § 6; Ord. No. 96-76, § 2, 11-26-96)

Sec. 22-261. - Inspection of structures and premises.

(a)

The housing official and all housing code inspectors are authorized and directed, in accordance with this section, to enter and inspect dwellings, dwelling units, buildings, structures and premises to determine their condition in order to assure compliance with the provisions of this article or upon receipt of complaints or when the housing official has cause to believe a violation of this article exists. Inspections shall take place during the regular business hours of County government, or at a time mutually agreed upon by the housing official and the owner, operator or occupants.

(b)

Before entering into any dwelling, dwelling unit, building, structure or upon premises subject to the provisions of this article, the housing official or the housing code inspector shall attempt, but shall not be required, to secure the written consent of the owner, operator or occupant of said premises. In securing such written permission or at the time of inspection, the housing official or the housing code inspector shall present County-issued identification and shall explain to the owner, occupant or operator the purpose of the inspection.

(c)

The owner, operator, occupant or other person in control of the dwelling, dwelling unit, building, structure or premises shall allow the housing official or any housing code inspector free and unrestricted access to all areas subject to the provisions of this article for purposes of a full and complete inspection and examination. Failure to provide or allow free and unrestricted access to the housing official or housing code inspector for purposes of inspection shall constitute a violation of this article and shall be punishable as set forth in Cection 1-6. Further, in the event that the housing official or a housing code inspector is denied access or cannot obtain access to a dwelling, dwelling unit, building, structure or premises for purposes of inspection, the housing official or housing code inspector is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection pursuant to F.S. ch. 933.

(Ord. No. 89-06, § 7)

State law reference— Inspection warrants, F.S. § 933.20 et seq.

Sec. 22-262. - Notice of violations procedures.

Whenever the housing official or housing code inspector determines that a violation of this article exists, the following action shall be taken:

(1)

The housing official or housing code inspector shall give written notice of any alleged violation of the provisions of this article to the owner, operator or other party responsible for the dwelling, dwelling unit, building, structure or premises. A copy of the written notice will be provided to the mortgage lender, if any. Such written notice shall include the following:

a.

A description of the location of the structure involved, either by street address or legal description;

b.

A statement of the nature of the violation and the reason why the notice of violation has been issued;

c.

A citation to the section or sections of this article upon which the violation is based;

d.

If repairs or alterations will bring the structure into compliance with this article, a statement of the nature and extent of such repairs or alterations necessary to comply with this article;

e.

If repairs or alterations are necessary for compliance, a specified time within which such repairs or alterations are to be made;

f.

If the violation is of such character that repairs or alterations cannot bring the structure into compliance, a statement to that effect and an order for vacating the premises with an explanation therefore and a time frame for vacating the premises;

g.

The name or names of persons upon whom the notice of violation is served as stated in Subsection (2) of this section;

h.

A statement advising that the failure of the owner or other responsible party to cure the violation within the time period stated will result in the housing official taking any and all action as may be permitted by law to require compliance.

(2)

The written notice of violation referred to above shall be served upon the owner or his agent or the operator, as well as upon the occupant of the premises, if the premises are not occupied by the owner. A copy of the notice of violation will be provided to the mortgage lender, if any. Such service of notice shall be deemed complete if a copy thereof is personally delivered or, if personal delivery is refused or cannot be made within the boundaries of the County, upon mailing by certified mail, return receipt requested, to the last known address of the owner as shown on the tax rolls of the County. If service of the notice is made by certified mail, a copy of said notice shall also be posted in a conspicuous place on the premises at which the violations are located for a period of not less than 48 hours. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 48 hour time period having lapsed.

(3)

The housing official is authorized to condemn and placard any building, dwelling, structure or accessory structure which is in violation of this article and is unsafe, unfit or unsanitary for human occupation. The housing official may placard the premises and order the premises be vacated or closed to occupancy when the premises are unsafe, unfit or unsanitary for human occupancy. The failure of any person to comply with such order within the time designated by said housing official shall be subject to the penalties of Section 1-6. Any unauthorized person removing, defacing or mutilating any such notice, order or placard as provided for in this article shall be deemed to be in violation of this article and shall be subject to punishment as provided in section 1-6

(Ord. No. 89-06, § 8; Ord. No. 96-76, § 4, 11-26-96)

Sec. 22-263. - Compliance with housing standards.

All dwellings or dwelling units whether occupied or unoccupied, shall comply with the requirements of this section as hereinafter set forth:

(1)

Sanitary facilities required. Every dwelling or dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sewer system as approved by the County or the County public health department as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the plumbing code and maintained in good sanitary working condition, free from defects, leaks, and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of same. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user.

(2)

Hot and cold water supply. Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, and tub or shower an adequate supply of both hot and cold water. All shall be supplied through an approved pipe distribution system connected to a potable water supply.

(3)

Water heating facilities. Every dwelling or dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit.

(4)

Heating facilities. Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the electrical code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen depletion sensing system (ODSS). Any appliance which has been converted from a vented to a unvented heater shall not be used under any conditions.

(5)

Cooking equipment. Every dwelling or dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the building, gas, and electrical codes, and shall be operable and maintained in safe, working condition.

(6)

Garbage disposal facilities. Every dwelling or dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers.

(7)

Light and ventilation. Every habitable room of a dwelling or dwelling unit shall have at least one window or skylight facing directly to the outdoors. The minimum total window area for every habitable room shall be eight percent of the floor area of such room. Whenever walls or portions of other structures face a window of any such room and such light-obstructing structures are located less than five feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the ceiling of such room, the total window area of such skylight shall equal at least 15 percent of the total floor area of such room. Each window required for minimum light shall be easily opened, and the total of the openable window area in each habitable room shall be equal to at least 45 percent of the minimum window or skylight area size, as required, or shall have other approved, equivalent ventilation. Year-round mechanically ventilating air systems other than window-type air conditioners may be substituted for windows, as required, in rooms other than rooms used for sleeping purposes.

(8)

Bathroom. Every bathroom of a dwelling or dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system.

(9)

Electric lights and outlets. Every dwelling or dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the electrical code, in effect at the time of violation, as adopted by the board of county commissioners.

(10)

Light in public halls and stairways. Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system which can be turned on when needed if continuous lighting is not provided.

(11)

Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical power in accordance with the provisions of the electrical code, in effect at the time of violation, as adopted by the board of county commissioners.

(12)

Exterior and interior structures of dwelling or dwelling units:

a.

Foundation. The building foundation walls, or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon.

b.

Exterior walls. The exterior walls shall be substantially weathertight and weatherproof, and shall be maintained in sound condition and good repair so as to prevent infestation.

c.

Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building.

d.

Means of ingress/egress. Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress is required in any dwelling or living unit of two or more rooms, in accordance with the building code.

e.

Attic access. Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access.

f.

Stairs, porches, and appurtenances. Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the building code.

g.

Protective/guard railings. Protective/guard railings shall be required in the manner prescribed by the building code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads.

h.

Handrails. Handrails shall be required in the manner prescribed by the building code.

i.

Windows and exterior doors. Every window, exterior door, and basement door shall be properly fitted within its frame, provided with lockable hardware, and shall be weathertight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in position by window hardware. Window panes or approved substitutes shall be maintained without cracks or holes.

j.

Window sash. Window sashes shall be properly fitted and weathertight within the window frame.

k.

Hardware. Every door shall be provided with proper hardware and maintained in good condition.

l.

Screens. Every window or other device used or intended to be used for ventilation which opens directly to outdoor space shall have screens. Dwelling and dwelling units which contain central heating furnaces and central air-conditioning systems for mechanically ventilating the building year-round are not required to have screens on doors or windows.

m.

Protective treatment. All exterior surfaces other than decay-resistant woods, shall be protected from the elements by painting or other protective covering according to manufacturer's specifications. No lead-based paint shall be used on any surface of any structure.

n.

Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition.

o.

Interior doors. Every interior door shall be properly fitted within its frame.

p.

Interior floor, walls and ceiling. Every dwelling or dwelling unit shall have a permanent floor of approved material prescribed by the building code. Every floor and interior wall shall be kept free from infestation and in good repair and shall be capable of supporting the load which normal use may cause to be placed thereon.

q.

Structural supports. Every structural element of a dwelling or dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon.

(13)

Required space, dwellings. Every dwelling or dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 200 square feet of floor space for the first occupant and at lease 150 additional square feet of floor area per additional occupant. No habitable room other than a kitchen shall have an area of less that 100 square feet as prescribed in the Building Code.

(14)

Minimum ceiling height. Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less than six feet, eight inches. Hallways, corridors, bathrooms and kitchens shall have a ceiling height of not less than six feet, eight inches, measured to the lowest projection from the ceiling. If any room in a building has a sloping ceiling, the prescribed ceiling height for the room is required for only one-half the area thereof.

(15)

Occupancy of basements. No basement shall be used as a habitable room or dwelling unit unless:

a.

Walls and floor are impervious to leakage of underground and surface water and are insulated against dampness; and

b.

Total window area in each room shall be equal to at least the minimum window area size as required in this section. Said window area shall be located entirely above ground except where there is another device which affords adequate ventilation.

(16)

Sanitation requirements:

a.

All public or shared areas, habitable rooms of any dwelling or dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner.

b.

Nothing shall be placed, constructed, or maintained on any premises that shall in any way constitute a nuisance or fire hazard.

c.

All buildings, structures, accessory structures, dwellings, or dwelling units shall be free from infestation.

d.

The plumbing fixtures in every dwelling, dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the plumbing code.

(17)

Smoke detectors. All residential dwelling units shall be equipped with smoke detectors to meet the minimum fire code requirements. If the structure was built without wired detectors battery operated smoke detectors are recommended for installation.

(Ord. No. 89-06, § 5; Ord. No. 0-205, § 1, 2-12-02)

Sec. 22-264. - Rental dwelling unit registration requirements and procedures.

All dwellings and dwelling units in the county that are being rented must obtain a registration certificate with the county's community development and environmental services division registering each rental dwelling unit in accordance with this section.

(1)

Registration of rental dwellings required. The owner(s) of any rental dwelling or rental unit shall register each rental dwelling with the county community development and environmental services administrator, or his designee, and shall designate an individual or entity as the "local agent" or operator for the registered rental dwelling or dwelling unit. Registration shall be made prior to the use or occupancy of any rental dwelling or rental unit.

(2)

Application for registration procedures. Application for registration shall be made in such form and in accordance with such instructions as may be provided by the community development and environmental services administrator, or his designee, and include at a minimum the following information:

a.

The name and addresses and telephone numbers of all owners of the rental dwelling.

b.

The name, local address and telephone number of the responsible local agent or operator.

c.

The number of rental units in each dwelling and the address of the rental dwelling.

d.

The name and address of any mortgage holder.

(3)

Local agent or operator. The local agent or operator shall be a person or representative of a corporation, partnership, firm, joint venture, trust, association, organization or other entity, having his or her place of residence in the county and shall be designated by the owner to operate such premises in accordance with the following provisions:

a.

Local agent or operator requirements. The local agent or operator must be an individual who resides within the county and is a minimum of 18 years of age; a local business entity possessing a county occupational license who is registered with and known by the Florida Department of State; or the property owner, provided he/she is a resident of the county. A real estate agent or broker of the owner shall not be deemed a "local agent" for purpose of this section unless said real estate agent or broker is registered in accordance with this section.

b.

Duties and responsibilities. The designated local agent or operator shall at all times ensure the rental dwelling unit, for which he/she is responsible, is in compliance with all county codes and ordinances. The local agent or operator shall be vested with the authority to receive notices of violation and shall be vested with the authority to consent to access to such residence to duly authorized public officials conducting inspections necessary to ensure compliance with the terms of this section. All official notices of violation of this section issued to the local agent or operator shall be deemed to have been issued upon the owner of record.

c.

Property owner and local agent agreement. Any person(s) or entity designated by the property owner(s) to act as local agent or operator must accept the duties and responsibilities, as set forth in this section. Such acceptance shall be indicated by written agreement by and between the property owner(s) and the named local agent or operator, which shall be duly noted on the application for rental dwelling unit registration. Withdrawal of such an agreement shall result in revocation of said registration. Failure to provide said agreement shall be grounds to refuse issuance of rental dwelling unit registration.

(4)

Terms, expiration, renewals and transfers. Rental dwelling and rental unit registrations shall be issued for a period of one year. Said registration shall be updated annually on or before June 30th. Should a change occur in ownership or local agent or operator information, a transfer or supplemental registration shall be filed with the community development and environmental service division within ten days of such change by the property owner(s). Any change in ownership or local agent or operator information without notice to the county shall result in revocation or cancellation of said registration and shall be deemed a violation of this section.

(5)

Revocation/cancellation. The county community development and environmental services division administrator, or his designee, may revoke or cancel a registration should it be found that any information contained on the registration is false or fictitious. Additionally, revocation of said registration will result should payment of fees be dishonored by a financial institution. Revocation or cancellation of registration shall constitute an unregistered rental dwelling unit.

(Ord. No. 96-76, § 1, 11-26-96; Ord. No. 99-58, § 1, 8-3-99; Ord. No. 05-70, § 1)

Sec. 22-265. - Penalties.

If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this article, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 60 days in the county jail, or both, at the discretion of the court. Each violation or non-compliance shall be considered a separate and distinct offense and for each day said violation continues or non-compliance occurs this also will constitute a separate offense.

Nothing herein contained shall prevent or restrict the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

Further, nothing in this section shall be construed to prohibit the county from prosecuting any violation of this article by means of a code enforcement board established pursuant to the authority of Chapter 162, Florida Statutes.

All remedies and penalties provided for in this section shall be cumulative and independently available to the county and the county shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

(Ord. No. 02-05, § 1, 2-12-02)

Secs. 22-266—22-285. - Reserved.