§ 22-235. Method for designation and elimination of hazardous buildings.

If an appropriate person, as identified under the definition of Dangerous or Hazardous Building, identifies a hazardous or dangerous condition existing within a building or structure, he shall make an itemized report of all hazards within the area of his expertise and certify said report to the Housing Official. The Housing Official shall then notify the owner of the offending property, in writing, and demand that said owner cause the hazardous condition to be remedied. The notice may be either personally serviced, upon the owner or served by certified mail, return receipt requested, at the address of the owner listed in tax collector's office for tax notices. If the building or structure is occupied, the Housing Official shall also cause a copy of the notice to be provided to the occupant or occupants of the property, or upon the Agent or Operator. In the event that personal service upon the owner or his Agent or operator, cannot be performed after diligent search, then service shall be accomplished by physically posting the notice upon said property at which the violations are located and at the County courthouse at least 10 days prior to the hearing or prior to the expiration of any deadline contained in the notice. Posting of the premises shall be considered adequate even if the notice is removed by the owner, operator, occupant or any other unauthorized or unidentified person prior to the 10 day time period having lapsed.

After service of the notice, the owner shall have 30 days to remedy the hazardous condition after obtaining all applicable permits, or the County will remedy the hazardous condition at the complete cost of the owner. If the owner wishes to contest the Housing Official's determination of the existence of a hazardous building he may apply for a hearing before the Code Enforcement Board or Special Magistrate of Collier County within fifteen (15) days from the date of service of the notice. The notice shall be in substantially the following form:

NOTICE OF DANGEROUS BUILDING

DATE: _______

NAME OF OWNER: _______

ADDRESS OF OWNER: _______

Our records indicate that you are the owner(s) of the following property in Collier County, Florida.

(Describe property by legal description
or address)

An inspection of this property discloses, and I have found and determined, that a hazardous and dangerous building exists thereon so as to constitute a threat to the safety of its occupants and/or the general public of Collier County. The specific hazards are as follows:

(Describe/list hazardous conditions)

You are hereby notified that unless the above dangerous conditions are remedied, so as to make the property in compliance with this Ordinance within thirty (30) days from the date hereof, the County will remedy the dangerous condition and the cost thereof will be levied as an assessment against such property. You are further notified that should you desire to contest the Housing Official's determination of the existence of a dangerous building you may apply for a hearing before the Code Enforcement Board (CEB) or (Special Magistrate of Collier County). Such request for hearing shall be made in writing to the Secretary to the CEB/Special Magistrate within fifteen (15) days from the date of this notice.

(Ord. No. 2010-02, § 11)