Sec. 2-2001. - Title and Citation.

This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance".

(Ord. No. 2010-04, § 1)

Sec. 2-2002. - Applicability.

The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree, by resolution of the governing bodies of both the County and the municipality, to have this Ordinance apply and be enforced in the municipality.

(Ord. No. 2010-04, § 1)

Sec. 2-2003. - Purpose and Authority.

It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County Court, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists.

(Ord. No. 2010-04, § 1)

Sec. 2-2004. - General Definitions and Abbreviations.

When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly indicates otherwise:

Code Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance.

Commission means the Board of County Commissioners of Collier County, Florida.

Enforcement Board means the Collier County Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances.

Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accused of violating the law to appear in a designated court or government office at a specified date and time. If a person refuses to sign the notice to appear, the Code Enforcement Officer has no authority to arrest such person.

Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to writing.

Person means an individual, association, firm, partnership, corporation, or other legal entity.

Prosecutor means anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers.

Public nuisance means those nuisances as identified in either F.S. § 893.138 or F.S. § 823.05, or other statute or ordinance declaring public nuisances.

Repeat violation shall mean a violation of a provision of a code or ordinance by a person who has been previously found through the Enforcement Board, Special Magistrate, or any other quasi-judicial or judicial process, to have violated the same provision within five years prior to the violation, notwithstanding the former and present violations occurring at different locations.

Secretary to the Enforcement Board, or Secretary to the Special Magistrate, means the administrative staff personnel responsible for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be.

Special Magistrate is a person authorized by the Commission to hear and decide cases involving violations of any County codes and ordinances.

Violator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged or found to have violated any code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce.

(Ord. No. 2010-04, § 1)

Sec. 2-2005. - Rules of Procedure.

Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations as deemed necessary to carry out their duties, consistent with the provisions of this Article and F.S. ch. 162, the Local Government Code Enforcement Boards Act, subject to approval by the Commission.

(Ord. No. 2010-04, § 1)

Sec. 2-2006. - Powers and duties.

Both an Enforcement Board and a Special Magistrate shall have the power to:

(1)

Adopt rules and regulations for the conduct of hearings;

(2)

Subpoena alleged violators and witnesses to appear at hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person;

(3)

Subpoena evidence including, but not limited to, records, surveys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or a duly authorized person;

(4)

Take testimony under oath;

(5)

Hold hearings on notices of violations and citations;

(6)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance;

(7)

Assess administrative fines, costs, and to impose liens and order the payment of such fines, as provided for herein;

(8)

Authorize the county attorney, or his designee, to foreclose on a lien or sue to recover a money judgment for unpaid fines and costs imposed by the Enforcement Board or Special Magistrate; and

(9)

Uphold any other powers and duties granted by F.S. ch. 162, the Local Government Code Enforcement Board Act.

(Ord. No. 2010-04, § 1)

Secs. 2-2007—2-2010. - Reserved.