Sec. 214-26. - Inspection fees.
Sec. 214-27. - Review of decisions of board of adjustment; proceedings defined.
Secs. 214-28—214-50. - Reserved.
Sec. 214-26. - Inspection fees.
The board of county commissioners of Collier County may provide a schedule of inspection fees in order to defer the cost of inspection and enforcement of the provisions of this article, and of any building code adopted, amended or continued as hereinafter provided, pursuant to the terms of this article.
(Laws of Fla. ch. 67-1233, § 3)
State law reference— Building code inspection fees, F.S. § 125.56(2).
Sec. 214-27. - Review of decisions of board of adjustment; proceedings defined.
Review of decisions of the board of adjustment is exclusively by the circuit court of Collier County. Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment may present to the circuit court of Collier County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision of the board of adjustment. Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon relator's attorney, which shall not be less than ten days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board, and on due cause shown, grant a restraining order. The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the court that the board acted with gross negligence, or in bad faith, or with malice in making the decision appealed from.
(Laws of Fla. ch. 67-1233, § 10)
State law reference— Jurisdiction of circuit court, Fla. Const. art. V, § 5, F.S. § 26.012.
FOOTNOTE(S):
(209) Editor's note— Laws of Fla. ch. 67-1233 pertained to building codes. The substantive sections of such act not compiled in the article were repealed by Collier County Ord. No. 81-21. It appears likely that it was the intent of the board of county commissioners that the unrepealed provisions apply to such ordinance and successor ordinances. (Back)
(209) Code reference—Ordinances pertaining to technical codes, § 22-106 et seq. (Back)