Sec. 2-2021. - Jurisdiction of Special Magistrates.
Sec. 2-2022. - Qualification, appointment, and removal of Special Magistrates.
Sec. 2-2023. - Establishment of a Special Magistrate Review Board.
Secs. 2-2024, 2-2025. - Reserved.
Sec. 2-2021. - Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations under the procedures set forth in Article V herein, issued by but not limited to, the Collier County Sheriff's office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinances. In addition, the Special Magistrate shall have jurisdiction to hear appeals of dangerous dog determinations pursuant to F.S. ch. 767.
(Ord. No. 2010-04, § 1)
Sec. 2-2022. - Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and terms:
(1)
The Commission shall appoint as many Special Magistrates as deemed necessary.
(2)
Special Magistrates shall at minimum: (a) be a graduate of a law school accredited by the American Bar Association; (b) demonstrate knowledge of administrative law, land use law and local government regulations and procedures; (c) be a member in good standing with the Florida Bar; and (d) be either a certified mediator under the rules of the Florida Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former judge; and (e) meet other such qualifications that may be established by resolution of the Commission.
(3)
Special Magistrate appointment shall be for a two-year term. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a determination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year term. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice.
(4)
If any Special Magistrate resigns or is removed prior to expiration of his or her term or the Review Board determines that the Special Magistrate should not be reappointed, the Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days.
(Ord. No. 2010-04, § 1)
Sec. 2-2023. - Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magistrate(s) to the Commission.
(Ord. No. 2010-04, § 1)