§ 8.08.00. CODE ENFORCEMENT BOARD

A.

General. The provisions of this Code shall be enforced by (1) the Collier County Code Enforcement Board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commissioners through its authority to enjoin and restrain any person violating the Code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69. The county manager shall have the right to inspect those lands, waters, or structures affected by this Code and to issue citations for violations.

1.

The term "county manager" as used in this Code shall mean the county manager or his designee.

B.

Violation. Whenever, by the provisions of this Code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure , a failure to comply with such provisions shall constitute a violation of this Code.

C.

Complaints regarding violations. Whenever a violation of this Code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such complaint, investigate, and take action thereon as provided by this Code. He shall maintain as a public record, in his office, the disposition made of the complaint.

D.

Liability. Any owner, tenant, or occupant of any land or structure , or part thereof, and any architect, engineer, builder, contractor, or any other agent, or other person, firm, or corporation, either individually or through its agents, employees, or independent contractor, who violates the provisions of this Code, or who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this Code, shall be held responsible for the violation and be subject to the penalties and remedies provided herein or as otherwise provided by statute or ordinance.

E.

Procedures upon discovery of violations.

1.

Upon the determination that any provision of this Code is being violated, the county manager or his designee, before prosecuting said violations before the code enforcement board, shall send a written notice by registered or by certified mail return receipt requested or by hand delivery to the person(s) responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the county manager's discretion.

2.

The written notice shall state the action the county manager intends to take, if the violation is not corrected.

3.

Before a violation of any of the provisions of this Code is prosecuted before the code enforcement board, written notice by registered or certified mail, return receipt requested, shall be serviced by the county manager or his designee according to the requirements of Ordinance No. 92-80, as may be amended from time to time [Code ch. 2, art. VIII, div. 11].

4.

If the violation is of a nature that it can be corrected by an official zoning atlas amendment or through the granting of a variance, the county administrator is authorized to suspend enforcement actions pending the outcome of such proceedings; provided that the person(s) responsible for the violation file the appropriate application forms for official zoning atlas amendment or variance hearing with the county manager within ten calendar days of the receipt of notice of violation. If the outcome of an official zoning atlas amendment request or variance request does not remedy the violation, the person(s) responsible for the violation shall have 15 calendar days to correct the violation, unless granted an extension by the county manager as set forth above.

5.

In cases where delay would seriously threaten the effective enforcement of this Code or pose a danger to the public health, safety, or general welfare, the county manager may seek enforcement without prior written notice by invoking any of the remedies contained in this Code or otherwise provided by law.

F.

Criminal penalties and remedies.

1.

A person who violates any of the provisions of this Code, or fails to comply with any of its requirements, or fails to abide by and obey all orders and resolutions promulgated as herein provided, shall be subject to prosecution in the name of the state in the same manner as misdemeanors are prosecuted, pursuant to the terms of F.S. § 125.69, as amended, and shall be subject to all criminal penalties authorized by the State of Florida for such violation. Upon conviction, such person shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment.

2.

Each calendar day that any violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

3.

In addition to the penalties and remedies above, the county manager may institute any appropriate actions or proceedings to prevent, restrain, correct, or abate a violation of this Code, as provided by law.

G.

Civil penalties and remedies.

1.

Cease and desist orders. The county manager is authorized to issue cease and desist orders in the form of written official notices sent by registered mail to the person(s) responsible for the violation.

2.

Revocation of building permits, certificates of occupancy, or other development orders , permits or approvals. The county manager may revoke any building permit, certificate of occupancy, development order , development permit, or development approval, whatsoever, in those cases where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or approval was based.

3.

Suspension of building permits, certificates of occupancy, or other development orders , permits or approvals. The county manager may, to the extent permitted by law, suspend any building permit, certificate of occupancy, development order , development permit, or development approvals whatsoever, where an administrative determination has been duly made that, relevant to the provisions and requirements of this Code, an error or omission on either the part of the applicant or government agency existed in the issuance of the permit or approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate after correction of the error or omission.

4.

Stop work order. For any violation of the provisions of this Code which constitutes a threat to life or to public or private property, the county manager or designee shall have the authority to issue a stop work order in the form of a written official notice given to the owner of the subject property or to his agent or to the person doing the work where such a violation has been committed or exists. Upon notice from the county manager or designee that any action or work is occurring contrary to the provisions of this Code, and it constitutes a threat to life or to public or private property. When any condition(s) of the violation presents a serious threat to the health, safety and welfare of the public or constitutes irreparable or irreplaceable harm, such action or work shall immediately be stopped. The notice shall state the conditions under which the action or work may be resumed. Where any emergency exists, oral notice given by the county manager or designee shall be sufficient.

a.

If the owner of the subject property, his agent, or the person doing the work where such a violation has been committed or exists, fails to comply with the stop work order posted on the property, the county manager or designee may issue a citation, which may result in the imposition of a fine up to and including $500.00, or may initiate further administrative or judicial enforcement proceedings. In addition, the county manager or designee may impose administrative costs on the responsible owner, agent, or person. Nothing set forth herein is intended to limit any existing legal right or recourse that the alleged violator may have to contest the stop work order.

H.

Other remedies. The county manager or the board of county commissioners may have recourse to such other remedies in law and equity as may be necessary to ensure compliance with the provisions of the Code, including the following:

1.

Injunctive relief to enjoin and restrain any person from violating the provisions of the Code and recovery of damages for such violation;

2.

Prosecution by the state attorney's office as provided by F.S. § 125.69, as amended;

3.

Prosecution before the Collier County Code Enforcement Board;

4.

Revocation of any permit or changing the conditions of any permit;

5.

Withholding the issuance of any construction plan approval, building permit, certificate of occupancy, or inspection by the county;

6.

Requiring replacement by the property owner of any vegetation removed in violation of the land alteration and landscaping regulations or in violation of any permit issued under the Code, including corrective measures pursuant to section 10.02.06 C. Replacement trees shall be of sufficient size and quantity to replace the dbh ( diameter at breast height ) of inches removed. At the time of planting, a replacement tree shall have a minimum dbh of three inches and a minimum height of 14 feet and a seven-foot crown; and

7.

Recovery of attorneys' fees, expert witness fees, and costs, including those on appeal, incurred by the county for in-house county attorneys and staff experts and for outside legal counsel experts.

I.

Notice and appeal. All administrative decisions authorized by this Code for a pending violation of the Code concerning a stop work order, or the issuance, revocation, or suspension of building permits, certificates of occupancy, development orders , development permits, or development approvals, whatsoever, shall be reduced to writing and sent by registered mail, return receipt requested, to the official holder of the affected development approval or permit applicant . Administrative decisions of the county manager, or authorized official, may not be appealed to the board of county commissioners, board of zoning appeals, code enforcement board, or building board of adjustments and appeals, except as may be otherwise authorized by this Code or by other regulation adopted by reference as a part of this Code.

J.

Prosecution under previous regulations. Any prosecution arising from a violation of any prior code, ordinance, or regulation of Collier County superseded by this Code, which prosecution was pending at the effective date of this Code, or any prosecution which may be begun within one year after the effective date of this Code, in consequence of any violation of any prior code, ordinance, or regulation superseded hereby, which violation was committed prior to the effective date of this Code, shall be tried and determined exactly as if such prior code, ordinance, or regulation had not been superseded.