Sec. 2-2037. - Purpose and Authority.
Sec. 2-2040. - Powers and duties of designated Code Enforcement Officers.
Sec. 2-2041. - Civil infraction.
Sec. 2-2042. - Citation and notice to appear procedures.
Sec. 2-2043. - Form of citations and notices to appear.
Secs. 2-2045, 2-2046. - Reserved.
Sec. 2-2037. - Purpose and Authority.
It is the intent of this Division to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court and before the Code Enforcement Board, Nuisance Abatement Board, or Special Magistrate. The authority for this Article is F.S. chs. 125 and 162.
(Ord. No. 2010-04, § 1)
(a)
Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services.
(b)
Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of F.S. §§ 943.085—943.255.
(Ord. No. 2010-04, § 1)
The training of designated code enforcement officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective department files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the following:
(1)
The citation and notice to appear.
a.
Applicable laws and enabling legislation.
b.
Purpose of citation and notice to appear procedures.
c.
Powers and limitations of citation and notice to appear procedures.
(2)
Responsibilities of the code officer.
a.
Enforcement policies.
1.
When to use citation and notice to appear power.
2.
Warnings.
(3)
Issuing citation and notice to appear.
a.
Form of citation and notice to appear.
b.
Applicable laws.
c.
Warning notice required.
d.
Court data.
e.
Practice writing citations and notices to appear.
(4)
Signature of code Violator and/or refusal to sign.
a.
What to do to obtain signature.
b.
Procedure for refusal to sign.
c.
How to obtain sheriff's assistance.
d.
Emergency contact procedures.
(5)
Public contact.
a.
How to handle difficult situations.
b.
Angry people.
(6)
Sworn statements.
(7)
Keeping files.
a.
Documentation and building a case.
b.
What to do with files for court action.
(8)
Court room procedures.
a.
Appearance.
b.
Demeanor.
c.
Testimony.
d.
Judges.
(Ord. No. 2010-04, § 1)
Sec. 2-2040. - Powers and duties of designated Code Enforcement Officers.
(a)
It shall be the duty of those persons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any duly enacted county codes or ordinances.
(b)
As may otherwise be permitted by law, all Collier County codes and ordinances may be enforced by the procedures set forth in this Article.
(Ord. No. 2010-04, § 1)
Sec. 2-2041. - Civil infraction.
A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction.
(Ord. No. 2010-04, § 1)
Sec. 2-2042. - Citation and notice to appear procedures.
(a)
Prior to issuing a citation or a notice to appear, a Code Enforcement Officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.
(b)
Written warning notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand-delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices, citations, and notices to appear; said warning notices, citations, and notices to appear may also be served on the registered agent for the business.
(c)
After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court.
(d)
Upon issuance of a citation or notice to appear, the following options apply:
(1)
A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear; or
(2)
The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear.
(e)
A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty $500.00.
(f)
In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certified copy of said judgment in the official records of the county. If a person pays the civil penalty for which a civil judgment has been recorded, the clerk of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County.
(g)
The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law. Nothing contained in this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means.
(h)
The provisions of this Section shall not apply to enforcement, pursuant to F.S. §§ 553.79 and 553.80, of the Building Codes adopted pursuant to F.S. § 553.73, as they apply to construction; provided that a building permit is either not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to F.S. § 553.73.
(Ord. No. 2010-04, § 1)
Sec. 2-2043. - Form of citations and notices to appear.
The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shall be in a form prescribed by the county and shall contain:
(1)
The date and time of issuance.
(2)
The name and address of the person to whom the citation is issued.
(3)
The date and time the civil infraction was committed.
(4)
The facts constituting reasonable cause.
(5)
The number or section of the code or ordinance violated.
(6)
The name and authority of the code enforcement officer.
(7)
The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court.
(8)
The applicable potential civil penalty if the person elects to contest the citation or notice to appear.
(9)
The applicable civil penalty if the person elects not to contest the citation or notice to appear.
(10)
A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the clerk of courts against the person for the amount of the maximum civil penalty of $500.00.
(Ord. No. 2010-04, § 1)
(a)
The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article.
(b)
Schedule of violations and penalties: Except as otherwise provided by law, for uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the corresponding offense; first offense $105.00, second offense $255.00, and third or more offense $405.00.
(c)
The following options are available to a person who has been issued a citation or notice to appear in accordance with this Article:
(1)
If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court.
(2)
If a person elects to contest a citation or notice to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shall be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided for by law, shall be assessed by the county court.
(d)
If a person fails to pay the civil penalty specified by the schedule of penalties within the time allowed, or fails to request a hearing or fails to appear in county court to contest the citation or notice to appear, the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations.
(e)
Any person who willfully refuses to sign and accept a citation issued by a designated Code Enforcement Officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 or 775.083.
(f)
Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows:
(1)
The first $5.00 of any fine or order of the court will be retained by the clerk of courts; and
(2)
All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department.
(Ord. No. 2010-04, § 1)