§ 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)