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Ordinance 051-1988 C' c. c;.:> C L, r C_ (:.. L'._ - --~. ~ I g C \.L! -l u.. ~ County Administrator ORDINANCE NO. 051 -1988 AN ORDINANCE REPEALING SECTIONS 9.5-23, 9.5-24(h), 9.5-531, 9.5-532, MONROE COUNTY CODE, AND SECTION 15-104, MONROE COUNTY LAND DEVELOPMENT REGULATIONS, (TENTATIVELY COD- IFIED AS SECTION 9.5-534, MONROE COUNTY CODE); CREATING CHAPTER 20, MONROE COU'NTY CODE, IN ORDER TO PROVIDE FOR THE CREATION OF A DEPARTMENT OF CODE ENFORCEMENT WITHIN THE DIVISION OF COMMUNITY SERVICES FOR THE ENFORCEMENT OF, INTER ALIA, LAND DEVELOPMENT REGULATIONS, INCLUDING SIGN AND ZONING CODES, WASTE DISPOSAL ORDINANCES, OCCUPATIONAL LICENSE ORDINANCES, FIRE AND BUILDING CODES, AND THE COMPREHENSIVE LAND USE PLAN; CREATING A CODE ENFORCEMENT BOARD UNDER THE GRANT OF AUTHORITY CONTAINED IN CHAPTER 162, LAWS OF FLORIDA; PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE BOARD AND THE QUALIFICATIONS THEREFOR; PROVIDING FOR THE SELECTION OF A BOARD CHAIRMAN; PROVIDING FOR A BOARD QUORUM; PROVIDING THAT BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES; PROVIDING THAT THE COUNTY ATTORNEY SHALL DETERMINE WHETHER HIS OFFICE SHALL REPRESENT THE DEP ARTMENT OR THE CODE ENFORCEMENT BOARD; PROVIDING FOR COUNSEL INDEPENDENT OF THE COUNTY ATTORNEY'S OFFICE TO ADVISE THE BOARD; PROVIDING FOR A PROCE- DURES TO INITIATE PROCEEDINGS BEFORE THE BOARD; PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING THAT ALL HEARINGS SHALL BE HELD IN KEY COLONY BEACH OR MARATHON UNLESS OTHERWISE SPECIFIED BY THE CODE ENFORCEMENT BOARD CHAIRMAN OR THE DIRECTOR OF CODE ENFORCEMENT; PROVIDING FOR FINDINGS OF FACT AND ORDERS OF THE BOARD; PROVIDING FOR THE POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ADMIN- ISTRATIVE FINES, LIENS ON REAL OR PERSONAL PROPERTY BASED ON SUCH FINES AND FOR THE FORECLOSURE OF THE LIENS; PROVIDING FOR APPELLATE REVIEW OF FINAL ORDERS OF THE CODE ENFORCEMENT BOARD BY AGGRIEVED PARTIES TO CIRCUIT COURT; PROVIDING FOR PROCEDURES FOR THE PROVISION OF NOTICE AS REQUIRED BY THIS ORDINANCE; PROVIDING THAT CHAPTER 162, LAWS OF FLORIDA, SHALL CONTROL OVER ANY INCONSIS- TENT PROVISIONS IN THIS ORDINANCE; PROVIDING THAT CODE INSPECTORS DESIGNATED BY A RESOLU- TION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY MAY ISSUE VIOLATION CITATIONS FOR DISPOSITION IN COUNTY COURT AS AUTHORIZED BY CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT ANY DECISION TO PROCEED UNDER CHAPTER 76-435, LAWS OF FLORIDA, IS DISCRETIONARY WITH THE INSPECTOR AND THE DIRECTOR; PROVID- ,;ING FOR FORMS FOR USE IN UTILI ZING CHAPTER "'16-435, LAWS OF FLORIDA; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED AS AMENDING CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL PREVENT MONROE COUNTY FROM ENFORCING ITS CODES BY ANY LAWFULLY AVAILABLE METHOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sections 9.5-23, and 9.5-24(h), Monroe County Code, are hereby repealed. Section 2. Sections 9.5-531, 9.5-532, Monroe County Code, and Section 15-104, Monroe County Land Development Regu- lations (tentatively codified as Sec. 9.5-534, Monroe County Code), are hereby repealed. Section 3. Chapter 20, Monroe County Code, is hereby crated to read as follows: "Section 20-1. Department of Code Enforcement; creation. There is hereby created a department of the Division of Community Services to be known as the Department of Code Enforce- ment. The Department shall be responsible for the enforcement of, but not limited to, the following ordinances concerning: land development regulations, waste disposals, the comprehensive land use plan, occupational licenses, fire, building, zoning, and sign codes, as well as any other ordinances of Monroe County. The County Administrator, with the approval of the Board of County Commissioners, shall designate a Director for the department of code enforcement, who shall be a full-time/permanent employee of the County and whose function it shall be to oversee and adminis- ter the operations of the Code Enforcement Department. The Code Enforcement Director, with the approval of the County Administra- tor, shall appoint personnel for the Code Enforcement Department and shall designate which department personnel will be engaged in enforcement as Code Inspectors. The Board of County Commission- ers of Monroe County, Florida, shall provide clerical and admin- istrative personnel as may be reasonably required by the Code Enforcement Board for the proper performance of its duties provided, however, that such staff shall be under the supervision and direction of the Code Enforcement Director. Section 20-2. Code Enforcement Board; Creation, Powers And Duties. a) Pursuant to the grant of authority contained in Chapter 162, Laws of Florida, there is hereby created a seven member Code 2 Enforcement Board. The members shall be residents of Monroe County and shall be appointed by a majority vote of the Board of County Commissioners. Appointments shall be made on the basis of experience or interest in the fields of land use, including zoning and building control. The membership of the board shall, whenever possible, include an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor. All terms shall be for three years. A member may be reappointed by the Board of County Commissioners. The terms of members on the Code Enforcement Board created under the ordinances in effect prior to the effective date of this ordinance, are hereby con- firmed and ratified and those members shall be the initial members of the Code Enforcement Board created under this ordi- nance. Any appointment to fill a vacancy on the Code Enforcement Board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause, and without prior approval of the Chairman, the code enforcement shall declare the member's office vacant and the Board of County Commissioners shall promptly fill such vacancy. The Board of County Commissioners may remove any member by a majority vote but only for cause. Appointments to the Code Enforcement Board shall be upon recommendation of the members of the Board of County Commissioners as follows: 1. Two recommendations by the Mayor and the Chairman of the Board of County Commissioners; 2. Two recommendations by the Mayor Pro Tem of the Board of County Commissioners; and 3. One recommendation by each of the other members of the Board of County Commissioners. b) The members of the Code Enforcement Board shall elect a Chairman, who shall be a voting member, from among the members of the board. The Chairman shall serve a term of one (1) year. No member shall serve as Chairman for more than two (2) consecutive terms. The members of the Code Enforcement Board shall also elect one (1) of their members, who shall be a voting member, to serve as vice-chairman. In the absence of the Chairman, the 3 vice-chairman shall act as Chairman and shall have all powers of the Chairman. The presiding officer of any meeting of the Code Enforcement Board shall administer oaths, shall be in charge of all proceedings of the Board, and shall take such action as shall be necessary to preserve order and the integrity of all proceed- ings before the Board. The presence of four or more members shall constitute a quorum of the Code Enforcement Board. Members shall serve without compensation, but shall be reimbursed for travel, mileage, and per diem expenses. c) The County Attorney shall determine whether his Office shall represent the Code Enforcement Board or the Department of Code Enforcement. Depending on his choice, the Board of County Commissioners shall hire private counsel, who shall in no way be connected to the County Attorney's Office, to advise and serve the Code Enforcement Board or the Department of Code Enforcement. The private counsel shall be employed according to such terms and conditions as the parties may agree. d) The Code Enforcement Director shall appoint a recording secretary to the Code Enforcement Board. The secretary shall keep minutes of all proceedings of the Board, which minutes shall be a summary of all proceedings before the Board, which shall be attested to by the secretary, which shall include the vote of each member upon every question. The minutes shall be approved by a majority of the members of the Board voting. In addition, the secretary shall maintain all records of the Board, its meetings, hearings and proceedings, the correspondence of the Board and a mailing list of persons wishing to receive notices of meetings, agendas or minutes who have paid an annual fee set by the Board of County Commissioners to cover copying and mailing costs. Section 20-3. Enforcement Procedure. a) It shall be the duty of the Director of the Department of Code Enforcement, through the Code Inspectors, to initiate enforcement proceedings of the various codes; however, no member of the board shall have the power to initiate such enforcement proceedings. 4 b) Unless an election is made to proceed under Chapter 76-435, Laws of Florida, and except as provided in subsection (c), if a violation of the codes is found, the Code Inspector shall notify the violator and give him a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the Director of the Code Enforce- ment Department shall notify the Code Enforcement Board and request a hearing. The Code Enforcement Board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in Section 162.12, Laws of Florida, or Section 20-9 of this Code of Ordinances, to said violator. At the option of the Code Enforce- ment Board, notice may additionally be served by publication or posting as provided in Section 162.12, Florida Statutes or Section 20-9 of this Code of Ordinances. If the violation is corrected and then recurs, or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Board e~en if the violation has been corrected prior to the board hearing, and the notice shall so state. c) If the Code Inspector has reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the Code Inspector shall make a reasonable effort to notify the violator, and the Director of the Code Enforcement Department may immediately notify the Code Enforcement Board and request a hearing. Section 20-4. Conduct Of Hearing. a) Upon request of the Code Enforcement Director, or at such other times as may be necessary, the Chairman of the Code Enforcement Board may call a hearing of the board; a hearing also may be called by written notice signed by at least three members of an enforcement board. All hearings and proceedings shall be open to the public. All Code Enforcement Board hearings shall be held in Key Colony Beach or Marathon unless otherwise sdheduled 5 and noticed by the Chairman of the Code Enforcement Board or the Director of Code Enforcement. b) Each case before the Code Enforcement Board shall be presented by the County Attorney, or his designee, or by the Director of the Department of Code Enforcement, or his designee, as may be determined by the County Attorney. The Code Enforce- ment Board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The board shall take testimony from the Code Inspector, alleged violator, and any other relevant witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. c) At the conclusion of the hearing, the Code Enforcement Board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this ordinance and applicable statutes. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of the board must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by that date. Section 20-5. Powers Of The Enforcement Boards. a) The Code Enforcement Board shall have the power to: 1) Adopt rules for the conduct of its hearings. 2) Subpoena alleged violators and witnesses to its hearings. Subpoenas shall be served by the Sheriff. 3) Subpoena evidence. 4) Take testimony under oath. 5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Section 20-6. Administrative Fines; Liens a) The Code Enforcement Board, upon notification by the Director of the Department of Code Enforcement that an order of the board has not been complied with by the set time or, upon 6 finding that the same violation has been repeated by the same violator, may order the violator to pay a fine not to exceed $250 for each day the violation continues past the date set for compliance or for each time the violation has been repeated, and a hearing shall not be necessary for issuance of the order. b) In determining the amount of the fine, if any, the Code Enforcement Board shall consider the following factors: 1) The gravity of the violation; 2) Any actions taken by the violator to correct the violation; and 3) Any previous violations committed by the violator. c) A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the Sher- iffs of this State, including levy against the personal property, but shall not be deemed to be a court judgment except for en- forcement purposes. After six months from the filing of any such lien which remains unpaid, the Code Enforcement Board may author- ize the attorney retained for the Code Enforcement Board to foreclose on the lien. No lien created pursuant to the pro- visions of this Chapter may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. Section 20-7. Duration Of Lien. No lien provided under this ordinance, or under Chapter 162, Laws of Florida, shall continue for a period longer than five years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchas- ers for valuable consideration without notice, unless a notice of lis pendens is recorded. 7 Section 20-8. Appeals. An aggrieved party, including the Board of County Commis- sioners, may appeal a final administrative order of the Code Enforcement Board to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Code Enforcement Board. An appeal shall be filed within thirty days of the execution of the order to be appealed. Section 20-9. Notices a) All notices required by this Ordinance shall be provid- ed to the alleged violator by certified mail, return receipt requested; by hand delivery by the Sheriff, Code Inspector, or other law enforcement officer, or other person designated by the Board of County Commissioners; or by leaving the notice at the violator's usual place of residence with some person of his family above 15 years of age and informing such person of the contents of the notice. b) In addition to providing notice as set forth in section a), at the option of the Code Enforcement Board, notice may also be served by publication or posting, as follows: 1) Such notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the Code Enforcement Board is located. The newspaper shall meet such requirements as are prescribed under Chapter 50, Laws of Florida, for legal and official advertisements. 2) Proof of publication shall be made as provided in F.S. 50.041 and F.S. 50.051. c) Notice by publication may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under section (a). Evidence that an attempt has been made to hand deliver or mail notice as provided in section (a), together with proof of publication as provided in section (b), shall be sufficient to show that the notice require- 8 ments of this ordinance have been met, without regard to whether or not the alleged violator actually received such notice. Section 20-10. Amendments To Chapter 162, Laws Of Florida. Any subsequent amendments to Chapter 162, Laws of Florida, which are in anyway inconsistent with Sections 20-1 through 20-9 of this Ordinance shall control over such Ordinance sections to the extent of any inconsistency. Section 20-11. Violation Citations. a) Those Monroe County code inspectors designated by a resolution of the Board of County Commissioners shall, when appropriate, according to the policy of the Board of County Commissioners, have authority to issue citations for violations of the Monroe County codes for disposition in County Court as provided for in Chapter 76-435, Laws of Florida. b) All forms required to make Chapter 76-435, Laws of florida, operable shall be drafted by the County Attorney in consultation with the County Administrator, the State Attorney and the various County Court Judges. c) Nothing in this ordinance shall be construed to in any way amend or modify Chapter 76-435, Laws of Florida, under Art. 8, Sec. 6(d), Fla. Const. Section 20-12. Nothing in this Ordinance, shall be construed to preempt or prohibit Monroe County from enforcing its codes by any other lawfully available means." Section 4. If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 5. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 6. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. 9 Section 7. This Ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this Ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1st day of November, A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /7 ?~~ .t By ?rL-~~~)/2~~i, . o Ma~ airm n< _. (SEAL) Attest: DANNY L. KOLHAGE, ~ler1~ -.Q.li)'JA-.1' iO.,t. ADOPTED: II-I" ff FILED WITH SECRETARY OF STATE: J 1-- ? f Y , EFFECTIVE DATE: APPROVED AS TO fORI/_ AND LEGAL SUFFIC!F'\IC': BY q~~.r?2- ;;)~.. ., ", .' F) ,-.~, Attvrt1.r'!;.t r ' ,.IUr 10 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, November 1, 1988 at 3:00 P.M. at the Marathon Subcourthouse, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: ORDINANCE NO. -1988 AN ORDINANCE REPEALING SECTIONS 9.5-23, 9.5-24(h), 9.5-531, 9.5-532, MONROE COUNTY CODE, AND SECTION 15-104, MONROE COUNTY LAND DEVELOPMENT REGULATIONS, (TENTATIVELY COD- IFIED AS SECTION 9.5-534, MONROE COUNTY CODE); CREATING CHAPTER 20, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE CREATION OF A DEPARTMENT OF CODE ENFORCEMENT WITHIN THE DIVISION OF COMMUNITY SERVICES FOR THE ENFORCEMENT OF, INTER ALIA, LAND DEVELOPMENT REGULATIONS, INCLUDING SIGN AND ZONING CODES, WASTE DISPOSAL ORDINANCES, OCCUPATIONAL LICENSE ORDINANCES, FIRE AND BUILDING CODES, AND THE COMPREHENSIVE LAND USE PLAN; CREATING A CODE ENFORCEMENT BOARD UNDER THE GRANT OF AUTHORITY CONTAINED IN CHAPTER 162, LAWS OF FLORIDA; PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE BOARD AND THE QUALIFICATIONS THEREFOR; PROVIDING FOR THE SELECTION OF A BOARD CHAIRMAN; PROVIDING FOR A BOARD QUORUM; PROVIDING THAT BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES; PROVIDING THAT THE COUNTY ATTORNEY'S OFFICE SHALL REPRESENT THE DEPART- MENT IN PROCEEDINGS BEFORE THE BOARD; PROVID- ING FOR COUNSEL INDEPENDENT OF THE COUNTY ATTORNEY'S OFFICE TO ADVISE THE BOARD; PROVIDING FOR A PROCEDURES TO INITIATE PROCEEDINGS BEFORE THE BOARD; PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING THAT ALL HEARINGS SHALL BE HELD IN KEY COLONY BEACH OR MARATHON UNLESS OTHERWISE SPECIFIED BY THE CODE ENFORCEMENT BOARD CHAIRMAN OR THE DIRECTOR OF CODE ENFORCEMENT; PROVIDING FOR FINDINGS OF FACT AND ORDERS OF THE BOARD; PROVIDING FOR THE POWERS OF THE CODE ENFORCE- MENT BOARD; PROVIDING FOR ADMINISTRATIVE FINES, L lENS ON REAL OR PERSONAL PROPERTY BASED ON SUCH FINES AND FOR THE FORECLOSURE OF THE LIENS; PROVIDING FOR APPELLATE REVIEW OF FINAL ORDERS OF THE CODE ENFORCEMENT BOARD BY AGGRIEVED PARTIES TO CIRCUIT COURT; PROVIDING FOR PROCEDURES FOR THE PROVISION OF NOTICE AS REQUIRED BY THIS ORDINANCE; PROVID- ING THAT CHAPTER 162, LAWS OF FLORIDA, SHALL CONTROL OVER ANY INCONSISTENT PROVISIONS IN THIS ORDINANCE; PROVIDING THAT CODE INSPEC- TORS DESIGNATED BY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY MAY ISSUE VIOLATION CITATIONS FOR DISPOSITION IN COUNTY COURT AS AUTHORIZED BY CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT ANY DECISION TO PROCEED UNDER CHAPTER 76-435, LAWS OF FLORIDA, IS DISCRETIONARY WITH THE INSPECTOR AND THE DIRECTOR; PROVIDING FOR FORMS FOR USE IN UTILIZING CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED AS AMENDING CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL PREVENT MONROE COUNTY FROM ENFORCING ITS CODES BY ANY LAWFULLY AVAILABLE METHOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida. DATED at Key West, Florida, this 3rd day of October, A.D. 1988. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) 111111 • PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) 'COUNTY OF MONROE ) Before the undersigned authority personally appeared CHARLOTTE S I K 0 R A , who on oath, says that he/she is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a twice weekly newspaper published_at Marathon, in_ _ Monroe County,Florida;that the attached copy of advertisement,being a NOTICE OF INTENTION IN THE MATTER OF ORDINANCE RE DEPARTMENT OF CODE ENFORCEMENT in the Court, was published in said newspaper in the issues of October 12 , 1 9 , 1988 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newpaper published at MARATHON, in said Monroe County, NOTICE o CONSIDEINTENTION ADOPTIION OF COUNTY ORDINANCE Florida,and that the said newspaper has heretofore been continuously published in said Monroe County,Florida,twice each week(on NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN >� that on Tuesday, No- vember 1,1988,at 3:00 P.M.at Wednesday and Saturday)and has been entered as second class mail matter at the post office in Marathon,in said Monroe County, the Marathon Subcourthouse, Marathon Monroe County, Florida, the Board of County Florida,for a period of one year next preceding the first publication of the attached copy of advertisement;and affianl further says that County, Florida,°intendsnr to iconsider the adoption of the following County ordinance: he/she has neither paid nor promised any person,firm,or corporation any discount,rebate,commission or refund for the purpose of I ORDINANCE NO-1988 An ordinance repealing Sec- securing this advertisement for publication in the said newspaper. tions 9.5-23, 9.5-24(h), 9.5-531, 9.5-532, Monroe County Code, -- and Section 15-104, Monroe County Land Development, Regulations (tentatively codi-; fled as Section 9.5-534,Monroe, County Code);Creating Chap- ter 20,Monroe County Code,in orderland to pro developmentvide for the cre- ,. ation of a Department of.Code• Enforcement within the Dlvr • - 6C/241,teet ston of Community Services for -the enforcement of, inter elia, regulations Including sign and zoning codes, waste disposal ordi • - (SEAIL) - nances, occupatiional license I . ordinances, fire and building codes,and the Comprehensive SWORN TO ANC Sit �VCRiBED FORE ME THIS � Land Use Plan; creating a ` � Code Enforcement Board un- ! der the grant of authority con- _ .� tained In Chapter 162, laws of • DAY OF G � A.D.19 p Florida; providing for the ap- • boi at of members the boardrd and the qualificationhse- therefor; providing for the lection of a board chairman;an; I - - - - providing for a board quorum; NOTARY PUBLIC STATE OF FLORIDA -- -providing that board members I shall serve without compensa- RY CONNISSION EXP. DEC.28 1991. tion but shall be reimbursed for + expenses; providing-that the BONDED THRU GENERAL INS. UNO. county attorney's office shall ., represent the department in proceedings before the board; i providing for counsel indepen- dent of the county attorney's ' office to advise the board;pro- I viding for a procedures to Init- iate proceedings before the board; providing for the con- duct of hearings;providing that all hearings shall be held in Key i Colony Beach or Marathon un- ' •less otherwise specified by the i Code Enforcement Board chairman or the director of ; code enforcement; providing for findings of fact and orders I of the board;providing for the I powers of the Code Enforce- ment Board;providing for ad- ministrative fines,liens on real or persoani property based on •such fines and for the foreclo- sure of.the-liens;-providing-for - r oppe tlhe e rCidew oEfnfnoarl crmdeernst, " Board by aggrieve° parties to circuit court; providing for procedures for the provision of _ i notice as required by this ordi- 162,lawsrof providing that shallacon- trot over any inconsistent pro- . visions in this ordinance; pro- viding that the code inspectors designated by a resolution of the Board of County Commis- y issue violationncitationsnfor dis- position in county court as au- thorized by Chapter 76-435 laws of Florida;providing that any decision to proceed under Chapter 76-435 laws of Florida, is discretionary with the in- spector and the director; pro- viding for forms for use in uti- lizing Chapter 76-435 laws of Florida;providing that nothing in this ordinance shall be con- 76-435,laws of Florida Chapter ing that nothing in this ordi- nance shall prevent Monroe County from enforcing its codes by any lawfully available method; providing for sever- ordinances in conflict herewlith; providing for incorporation into the Monroe County Code of Ordinances; es;da and providing an effectiv Pursuant to Section 286.0105, Florida Statutes, notice is giv- en-that if a person decided to appeal any decision made by the - considhrespect red a at tOsuch hearings or meetings, he will need a record of the proceed- ings, and that, for such pur- hthebtrdot taavraimecorfhe proceedings is made, which record includes the testimony • and evidence upon which the appeal is to be based. Copies of the above-referenced ' ordinance are available for re- _ view at the various public li- - • braries in Monroe County, - Florida. ' DATED at Key West Florida, this 3rd day of October, A.D. 1988. DANCe kfOeCuitloth Circuit Court rdanxffio - - oiia Monroe - Clerk of the Board of _ - - ' County Commissioners _ of Monroe CoFioritdya = - - - Publish:October 12,19,1988 - Florida Keys Keynoter - 11111 NOTICE OF"""^"'"rnNTO CONSIDER ADOPTIOT PY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, November 1, 1988 at 3:00 P.M. at the Marathon Subcourthouse, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County,Florida,intends to consider the adoption of the following County ordinance: .0' ORDINANCE NO. -1988 AN ORDINANCE REPEALING SECTIONS 9.5-23,9.5-24(h),9.5-53T,9.5-532, MONROE COUNTY CODE,AND SECTION 15-104,MONROE COUNTY LAND :DEVELOPMENT REGULATIONS,(TENTATIVELY CODIFIED AS SECTION 9.5-534, MONROE COUNTY CODE); CREATING CHAPTER 20, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE CREATION OF A DEPARTMENT OF CODE ENFORCEMENT WITHIN THE DIVISION OF COMMUNITY SERVICES FOR THE ENFORCEMENT OF, INTER ALIA, LAND DEVELOPMENT REGULATIONS,INCLUDING SIGN AND ZONING CODES, WASTE DISPOSAL ORDINANCES, OCCUPATIONAL LICENSE ORDINANCES, FIRE AND BUILDING CODES, AND THE COMPREHENSIVE LAND USE PLAN; CREATING A CODE ENFORCEMENT BOARD UNDER THE GRANT OF AUTHORITY CONTAINED IN CHAPTER 162,LAWS OF FLORIDA;PROVIDING FOR THE APPOINTMENT OF MEMBERS TO THE BOARD AND THE - QUALIFICATIONS THEREFOR;PROVIDING FOR THE SELECTION OF A BOARD CHAIRMAN; PROVIDING FOR A BOARD QUORUM; PROVIDING THAT BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL BE REIMBURSED FOR EXPENSES; PROVIDING THAT THE COUNTY ATTORNEY'S OFFICE SHALL REPRESENT THE DEPARTMENT IN PROCEEDINGS BEFORE THE BOARD; PROVIDING FOR COUNSEL INDEPENDENT OF THE COUNTY ATTORNEY'S OFFICE TO ADVISE THE BOARD;PROVIDING FOR A PROCEDURES TO INITIATE PROCEEDINGS BEFORE THE BOARD;PROVIDING FOR THE CONDUCT OF HEARINGS; PROVIDING THAT ALL HEARINGS SHALL BE HELD IN KEY COLONY BEACH OR MARATHON UNLESS OTHERWISE SPECIFIED BY THE CODE ENFORCEMENT BOARD CHAIRMAN OR THE DIRECTOR OF CODE ENFORCEMENT;PROVIDING FOR FINDINGS OF FACT AND ORDERS OF THE BOARD; PROVIDING FOR THE POWERS OF THE CODE ENFORCEMENT BOARD; PROVIDING FOR ADMINISTRATIVE FINES, LIENS ON REAL OR PERSONAL PROPERTY BASED ON SUCH FINES AND FOR THE FORECLOSURE OF THE LIENS;PROVIDING FOR APPELLATE REVIEW OF FINAL ORDERS OF THE CODE ENFORCEMENT BOARD BY AGGRIEVED PARTIES TO CIRCUIT COURT; PROVIDING FOR PROCEDURES FOR THE PROVISION OF NOTICE AS REQUIRED BY THIS ORDINANCE; PROVIDING THAT CHAPTER 162, LAWS OF FLORIDA, SHALL CONTROL OVER ANY INCONSISTENT PROVISIONS IN THIS ORDINANCE;PROVIDING THAT CODE INSPECTORS DESIGNATED BY A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY MAY ISSUE VIOLATION CITATIONS FOR DISPOSITION IN COUNTY COURT AS AUTHORIZED BY CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT ANY DECISION TO PROCEED UNDER CHAPTER 76-435,LAWS OF FLORIDA,IS DISCRETIONARY WITH THE INSPECTOR AND THE DIRECTOR; PROVIDING FOR FORMS FOR USE IN UTILIZING CHAPTER 76-435, LAWS OF FLORIDA;PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL BE CONSTRUED AS AMENDING CHAPTER 76-435, LAWS OF FLORIDA; PROVIDING THAT NOTHING IN THIS ORDINANCE SHALL PREVENT MONROE COUNTY FROM ENFORCING ITS CODES BY ANY LAWFULLY AVAILABLE METHOD;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings, and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordinance are available for review at the various • public libraries in Monroe County,Florida. DATED at Key West,Florida,this 3rd day of October,A.D.1988. DANNY L.KOLHAGE 11, Clerk of the Circuit Court of Monroe county,Florida • and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida Published:10/13&10/20/88 The Reporter Tavernier,FL 33070 NOTICE OF INTENTION TO CON- SIDERADOPTION OF COUNTY- j ORDINANCE NOTICE IS HEREBY GIVEN TO '.; WHOM IT MAY CONCERN that on Tuesday, November 1,1988,at 3:00 P.M. at the Marathon Subcourt- i house, Marathon, Monroe County, I Florida, the Board of County Corn- i .missioners of Monroe County, Flori- ° da, intends to consider the adoption of the following County ordinance: P ORDINANCE NO.1988 i AN ORDINANCE REPEALING SEC- ; i NOTICE AS REQUIRED BY TH S i j TION 9.5-23, 9.5-24(h), 9.5-531, ORDINANCES; PROVIDING THAT 9.5-532, MONROE COUNTY CODE, ; CHAPTER.162, LAWS OF FLORI- i AND SECTION 15-104, MONROE I ► DA, SHALL CONTROL OVER ANY COUNTY LAND DEVELOPMENT I INCONSISTENT. PROVISIONS IN REGULATIONS, (TENTAIVELY 1 ' THIS ORDINANCE; PROVIDING CODIFIED AS SECTION 9.5-534, I THAT CODE INSPECTORS DESIG- MONROE COUNTY CODE); CRE- 1, 1 NATED BY A RESOLUTION OF THE ATING CHAPTER 20; MONROE I BOARD OF COUNTY COMMIS- COUNTY CODE, IN ORDER TO I SIONERS OF MONROE COUNTY PROVIDE FOR THE.CREATION OF II MAY ISSUE VIOLATION CITA- A DEPTMENT OF CODE EN- ' ' TIONS FOR DISPOSITION IN ,� ° FORCEMENT WITHIN THE DIVI- ' • COUNTY COURT AS AUTHORIZED 4 SION OF COMMUNITY SERVICES BY CHAPTER 76-435; LAWS OF FOR THE ENFORCEMENT OF, IN- I FLORIDA; PROVIDING THAT ANY °, TER ALIA, LAND DEVCELOPMENT I ': DECISION TO PROCEED UNDER !! REGULATIONS, INCULDING SIGN , ! ' CHAPTER•76-435,LAWS OF FLOR- •1 AND ZONING CODES,WASTE DIS- ; IDA,' IS DISCRETIONARY WITH POSAL ORDINANCES, OCCUP- j j THE INSPECTOR AND THE DIREC- TIONAL LICENSE ORDINANCES, TOR; PROVIDING FOR FORMS FIRE AND BUILDING CODES, AND I , FOR USE IN UTILIZING CHAPTER i THE COMPREHENSIVE LAND USE ' 76-435, LAWS OF FLORIDA; PRO- PLAN; CREATING A CODE EN- I VIDING THAT NOTHING IN THIS • _ FORCEMENT BOARD UNDER THE ORDINANCE SHALL BE CON- '_ GRANT OF AUTHORITY CON- STRUED AS AMENDING CH. • TAINED IN CHAPTER 162, LAWS 76-435,-,LAWSDF.FLORIDA-FRE O- \pF AUTHORITY CONTAINED IN ; VIDING THAT NOTHING IN .THIS CHAPTER 162, LAWS OF FLORI- I ORDINANCE SHALL PREVENT OA; PROVIDING FOR THE AP- I MONROE COUNTY FROM EN- i P(OINTMENT OF MENBERS TO FORCING ITS CODES .BY ANY THE BOARD AND THE QUALIFICA- ,i LAWFULLY AVAILABLE METHOD; TIONS THEREOF; PROVIDING ! • r PROVIDING FOR SEVERABILITY; FOR THE SELECTION OF A i I PROVIDING FOR REPEAL OF OR BOARD CHAIRMAN; PROVIDING ! I DINANCES IN CONFLICT HERE- FOR A BOARD QUORUM;PROVID- WITH;PROVIDING FOR INCORPO- ING THAT BOARD MENBERS 1 RATION INTO THE MONROE SHALL SERVE WITHOUT COM- j COUNTY CODE OF ORDINANCES; PENSATION BUT SHALL BE REIM- , AND PROVIDING AN EFFECTIVE .BURSED FOR EXPENSES; PRO- I DATE. •VIDING THAT THE COUNTY AT- ' Pursuant to Section 286.0105, Flor- •TORNEY'S OFFICE•,SHALL RE- ! . ida Statutes, notice Is given that if a PENSENT THE DEPiRTMENT IN person decided to appeal any deci- PROCEEDINGS BEFORE THE sion made by the Board with respect BOARD; PROVIDING F43 COUN- n i% to any matter considered at such SEL INDEPENDENT \FF THE i , hearings or meetings, he will need a COUNTY ATTORNEY'S O1 ICE TO ; record of the proceedings, and that, ADVISE THE BOARD; PRGIDING I for such purpose,he may need to en- . - FOR A PROCEDURES TO IN--, = sure that a verbatim record of the ' PROCEEDINGS BEFORE;PR_VvID- proceedings is made, which record ' • ING FOR THE .CONDUCT\OF includes the testimony and evidence HEARING; PROVIDING THAT',L upon which the ,appeal is to be• i ' HEARINGS SHALL BE HELD based. •. KEY_COLONY-BEACH-OR MAR), Copies of the above-referenced ordi- ; THEC UNLESS OCRWISE ! nance are available for review at the SPECIFIED BY THE COODE ENbu various public'libraries In Monroe • FORCEMENT__—BOARD-CHAIRMAN i County,Florida. - -OR THE DIRECTOR OF CODE EN- , DATED at Key West,Florida,this 3rd. ' FORCEMENT; PROVIDING FOR , day of October,A.D.1988. . FINDINGS OF FACT AND ORDERS; • DANNY L.KOLHAGE,Clerk of the OF THE BOARD; PROVIDING FOR Circuit Court of Monroe County,Flor- I - ' THE POWERS OF THE CODE EN-'- ida amd ex officio Clerk of the Board i '' of County Commissioners of Monroe FORCEMENT BOARD;PROVIDING County,Florida FOR ADMINISTRATIVE FINES, October 12,19,1988 f - • LIENS ON- REAL OR PERSONAL , PROPERTY BASED ON SUCH - _ - FINES AND FOR THE FORCLO- _ ' SURE OF THE LEINS; PROVIDING - ' FOR APPELLATE REVIEW OF Fl- ; . NAL ORDERS OF THE CODE EN- FORCEMD BY AG- RIIEVEDE PARTNT IES RTTO CIRCUIT ,,,,ion'. oanVIfING FOR PROCE- woa Q®' II' ,I, nay, ti. W¢ CD L T )1 Q ®' O 2 z d 61 T O O.. N a i N I ao a13 O z as mI u ' m O a p 2a a¢ N o z -old @ a r 0 a) cc a-0CC - j 0 491 i� o> m m c o c Q E Lad pl Ei L 7 6 I-- -- C d7 5p� 8 m a aN `2 d m O o coop (1.- a1 a_ 0 cn ¢ cc Imo I- a aASI.Ogn0 at? Jod Sd . II •SENDER: Complete items 1 and.2.when additional..�services are desired, and complete items 3 and 4. ... '. Put your address in the "RETURN TO"I'— the reverse side. Failure to do this will prevent this card from being returned to you. The i Ieipt fee will provide you the name of the person i delivered to and the date of delivery. For additional fees the following services are available. Consult postmaster for fees and check box(es)for additional service(s) requested. } 1. 0 Show*to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery T(Extra charge)t . T(Extra charge)T 3. Article Addressed ' " 4. Article Number ; � 1 P 5(1-b-23 - Q„ ,�n he2 y i�e of Service: '�`��- El Registered El Insured +. certified ❑ COD \ c:!(- � y ' El Express Mail ; V`\\ '�-�" `\�a Always obtain signature of addressee �e .� 1 T` S250I or agent and DATE-DELIVERED. ' i 5. Signature—Addressee 8. Addressee's Address(ONLY if X requested and fee paid) } 6. Signature-"Agent rp X 7. Date of Delivery, "" 1 W,3 ' ! PS Form 3811, Max. 1987 * U.S.G.P.O.1987-178-268 DOMESTIC RETURN RECEIPT ... PROOF OF PUBLICATION STATE OF FLORIDA KEVS BOX 1197~ TAVERNIER~ FL. 33070 COUNTY OF MONROE Before the undersigned authnri ty personally appeared DA8NY! WOLFF , who on oath, says that he is ED I TOR & PU.LI $HiR of THE REPORTER, a weekly newspaper published at Tavernier, Monroe Coun~y, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE in the Court, was published in said newspaper in the issues of ~10-20-88 Affiant further says that the said Rt~O~R~ a ~ newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this said advertisement for publication in the said newspaper. r;~ DAY OF OCTOBER SEAL SWORN TO ~ MY COMMISSION NOIARY PUBLIC : NOTARY PUBLIC STATE OF FLORIDA EXPIRES I MY 8eUNI3.3IBN E^~. Rt"t1. ~tl~::I~ BONDED THRu GENfRAL INS. uNO. .'-~---":"-~-.,- ,-.,;..".---"",-. -'-'4' Grits THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 ,STATE OF FLORIDA) COUNTY OF MONROE) ss. Before the undersigned authority personally appeared............. R.E. Harrison who on oath says that he 1S .................. Advertising ;Manager, of the Key West Citizen, a daily newspaper published at Key West in Monroe County, Florida; that the attached copy of advertisement, being a .---'1--"'- .--,...' , .~ .... ""-',' .....' '-', Legal Notice in the matter of Yl~ c1s- dt'l~ \ ~~~ q.5" -:7\3 J q_5-a-~h) ) q.5':-531 } q,5-S3Ol-, 15-/of was published in said newspaper in the issues of ~. /0) 1l11~ Affiant further says that the said The Key West Citizen is a newspaper published at Key West, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each day (except Saturdays) and has been entered as second class mail matter at the Post Office in Key West, in said Monroe County, Florida, for a period of one year next pre- ceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the ,said newspaper. NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP JULY 27,1991 60NDCD THRU GENERAL I~S. UNO. ~ (SEAL) SWORN AND SUBSCRIBED before me this ~CJ f1J/ NOTARY PUBLI~ -.aL day of tO~19~O COMMISSION EXPIRES: 'tI, .:.~ w- mann!, I. ~olbagt BRANCH fJFFICE 3117 OVERSEAS HIGHWAY MARATHON, FWRIDA 33050 TEL. (3051 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (3051 29...641 November 7, 1988 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FWRIDA 33070 TEL. (305) 852.9253 CERTIFIED MAIL RETURN RECEIPT REQUESTED V' '5'+0 :;13P\ ~5 B Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 051-1988 concerning the creation of Chapter 20 of the Monroe County Code to provide for the creation of a Department of Code Enforcement within the Division of Community Services, etc. ,I This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on November 1, 1988. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Cour~ and ex officio Clerk to tije Board 0 County Commissio~ers i. . i By: Rosa11e L. Deputy Clerk cc: Municipal Code Corporation Mayor Eugene Lytton Commissioner William Freeman Commissioner Jerry Hernandez Commissioner Michael Puto Commissioner John Stormont Sheriff State Attorney County Attorlley County Admini,strator Asst. Co. Admin./Community Serv Asst. Co. Admin./Growth Managem Finance Direc~or Chief Deputy Clerk File November 9, 1988 Honorable Danny L. Ko1hage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Rosalie L. Connolly Dear Mr. Ko1hage: Pursuant to the provisions will acknowledge: 1. Receipt of letter/s of and certified copy/ies County Ordinance(s) of Section 125.66, Florida Statutes, this November 7, 1988 of Monroe Nos. 88-51, 88-52, and 88-53 2. ReceJ_pt of relative to: County Ordinance(s) ( a ) which we have numbered ( b ) which we have numbered 3. We have filed FHF~/these ordinances in this office on November 9, 1988. 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Si~~Y' ~ Liz Cl~Chief Bureau of Administrative Code LC/mb