§ 22-233. Inspection of structures and premises.

1.

Complaint-driven, requested, or inspector-initiated inspections of properties subject to this Ordinance shall be conducted by the County to ensure that such properties are in compliance with the provisions of this Property Maintenance Code. This provision shall not be interpreted as authorizing the County to conduct inspections of properties without the consent of the owner or occupant or without a warrant. The County shall charge the property owner a fee for each unit inspected consistent with the CDES Fee Resolution. In securing consent, or at the time of inspection, the Housing Official or the Code Enforcement Investigator shall present County-issued identification and shall explain to the owner, occupant or operator the purpose of the inspection.

2.

If the inspection of a property reveals violations of the provisions of this Property Maintenance Code, this shall trigger a request for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units.

3.

For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows:

a.

1 to 4 units, all units;

b.

5 to 10 units, 50% of units;

c.

11 to 29 units, 20% of units;

d.

30 to 49 units, 15% of units;

e.

50 or greater, if one location, 5% of the units with a maximum of 20 units.

In the case of 50 or greater units, if the Housing Official finds one or more serious, health, safety or habitability violations in 5% of the units, the Official may ask to inspect more units to a total of 100% of the units in the development community. The Housing Official may assess a noncompliance inspection fee of $50.00 per unit inspected, per re-inspection, if any violation still exists after allowance of a reasonable time period for compliance.

4.

The Housing Official and all appointed designees are authorized and directed, in accordance with this Section, to enter and inspect dwelling units, buildings, structures and premises to determine their condition in order to assure compliance with the provisions of this Code or upon receipt of complaints or when the Housing Official has cause to believe a violation of this Code exists. Inspections shall take place during the regular business hours of Collier County Government, or at a time mutually agreed upon by the Housing Official and the owner, operator or occupants. Should the owner, agent, operator, or occupant fail to make the mutually agreed upon inspection, a final inspection must be obtained within 30 days of the original inspection date.

5.

The owner, operator, occupant or other person in control of the dwelling unit, building, structure or premises shall, upon consent, allow the Housing Official or designee free and unrestricted access to all areas subject to the provisions of this Ordinance for purposes of a full and complete inspection. In the event that the Housing Official or designee is denied access or cannot obtain access to a dwelling unit, building, structure or premises for purposes of inspection, the Housing Official or designee is authorized and directed to seek and obtain an inspection warrant authorizing entry and inspection pursuant to F.S. ch. 933, as it may be amended or replaced.

(Ord. No. 2010-02, § 9)