Item P1
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Jan. 28. 2009 - KW
Division County Attorney
Bulk: Item: Yes
No --X-
Staff Contact Person: Susan Grimsley. #3470
AGENDA ITEM WORDING:
A public hearing to consider adoption of an Ordinance adopting a new Code of Ordinances (re-
codification of existing Monroe County Code) for Monroe County, Florida.
ITEM BACKGROUND:
The current Monroe County Code was adopted in 1979. There have been 98 supplements. This project
to re-organize and update the Code has been ongoing for over a year with Municipal Code Corporation
as authorized by the BOCC on April 16, 2006. The Code has been reorganized into two volumes,
General Ordinances and Land Development Code. The provisions have been re-numbered and also
provide a more user friendly size and pagination, once staff is accustomed to using it. The books have
been delivered, and it is groposed in the adoption ordinance that the new code will be used starting
March 1, 2009.The new Code may be examined at the Office of the County Attorney, 1111 12th Street,
Suite #408, Key West, Florida.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Contract with Municipal Code Corporation on April 16, 2006 to re-codify existing code.
12/17/08 BOCC approval to hold Public Hearing 1/28/09 @ 3:00 p.m.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
INDIRECT COST:
COST TO COUNTY: None
BUDGETED: Yes
No
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes.2L No
APPROVED BY: County Atty~
DOCUMENTATION: Included
AMOUNT PER MONTH_ Year
OMB/Purchasing _ Risk Management _
X NotRequired_
DISPOSITION:
AGENDA ITEM #
Suzanne A Hutton, County Attorney*'"
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
(~.''''---
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern Sylvia J. Murphy, District 5
Kim Wigington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
O~~y 31to~~~E
(305) 294-4641
Office of the County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Gov!. Law
MEMORANDUM
To:
Board of County Commissioners
Through:
Suzanne A. Hutton, County Attorney
From:
Susan M. Grimsley, Assistant County Attorney
~
Re:
Re-codification of Monroe County Code
Date:
January 9,2009
Meeting:
January 28,2009
You have all received new copies of the two volume set of the new Monroe County Code. This project has
been over a year in duration working with Municipal Code Corporation as authorized by the BOCC on April
16, 2006. The Code has been reorganized into two volumes, General Ordinances and Land Development
Code. The provisions have been re-numbered and also provide a more user friendly size and pagination,
once staff is accustomed to using it.
Use of the new code would not be effective until March 1,2009, to give staff and the public time to become
familiar with it, and to get supplements :from the last year published and inserted.
Ordinances adopted prior to October 17, 2007, are included. Ordinances enacted after that date are on the
Municipal Code Corporation website as part ofthe NOW service, New Ordinances on the Web. This service
will continue into the future, as supplements are furnished and ordinances are enacted.
The Land Development Code was presented to the Development Review Committee and the Planning
Commission. The definition section is slightly out of order because it was intended that all affordable
housing definitions be indented under that category. That will be corrected in the first supplement. No
changes were made to the Land Development Regulations. The Land Development Code does not require
memo to BQCC Jan 28 2009 meeting
10f2
Page
approval by the Department of Community Mfairs, and a letter to that effect has been received from DCA
Attorney Richard Shine.
The General Ordinances were updated to remove obsolete boards (Nuisance Abatement Board, Committee
on the Status of Women) and change wording such as "special master" to "special magistrate". Outdated
provisions now superseded by state statute were deleted, such as provisions regulating the sale of
hypodermic needles, regulation of convenience stores and displays of magazines with nudity, and funding of
the courts and judicial system. Repetitious definitions were deleted. Every effort was made to keep all the
provisions intact, including some that may be unnecessary, but which were deemed to be the province of the
BOCC upon which to take separate action independent of this re-codification. An old ordinance which had
never been codified is exempt from repeal, as well as provisions concerning the sale of liquor at Higgs
Beach which was inadvertently omitted from the volumes for approval.
Staff recommends Approval.
memo to Bacc Jan 28 2009 meeting
20f2
Page
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST
Governor
THOMAS G. PELHAM
Secretary
November 18, 2008
Susan Grimsley
Assistant County Attorney
Monroe County
P.O. Box 1026
Key West, Florida 33041-1026
Re: Recodification of Monroe County Code
Dear Susan:
Monroe County has asked whether the Department of Community Affairs would require
the rendering of the re-organized and re-codified Monroe County Code containing the current
Land Development Regulations. It is the Department's understanding that with the exception of
the re-numbering of the sections, there will be no substantive changes to the text of the Monroe
County Land Development Code. Therefore, the County is not required to submit the re-codified
Code pursuant to Section 380.05(5)(6), Florida Statutes, and is not required to render the re-
codified Code as the nominal changes do not authorize or permit development as defined in Rule
9J-1, Florida Administrative Code.
Monroe County has engaged the Municipal Code Corporation to re-organize and re-
codify the Monroe County Code and with the exception of re-numbering the section numbers
identifying the Land Development Regulations, there will be no change to the text of the Monroe
County Land Development Code. The Land Development Volume of the Monroe County Code
is required to proceed to review before the Monroe County Planning Commission and
Development Review Committee prior to adoption by the Monroe County Board of County
Commissioners, and there is no requirement for Department review of the re-organized and re-
numbered Code unless there are changes to the text of the Code.
2555 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399.2100
850-488-8466 (p) . 850-921-0781 (f) . Website: www.dca.state.fl.us
. COMMUNITY PLANNING 850-488-2356 (p) B50-488-3309 (I) . FLORJDA COMMUNITIES TRUST 850-922-2207 (p) 850-921-1747 (I) .
. HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p) 850-922-5623 (I) .
Susan Grimsley, Assistant County Attorney
November 18, 2008
Page 2
Upon final adoption of both volumes, the Monroe County Code will be effective upon
filing with the Secretary of State. At that point, the Department would greatly appreciate if the
County would mail a courtesy copy to the attention of Rebecca Jetton at the Department of
Community Planning. Thank you for your inquiry and if you have any questions please do not
hesitate to call me.
Richard E. Shine
Assistant General Counsel
res
cc:
Rebecca Jetton
RESOLUTION P54-08
A RESOLUTION OF THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL OF AN ORDINANCE
ADOPTING AND ENACTING A NEW LAND DEVELOPMENT CODE
OF ORDINANCES FOR MONROE COUNTY, FLORIDA
WHEREAS, the Monroe County Board of County Commissioners (aacC)
engaged the Municipal Code Corporation (the AMCC@) to re-codifytheordinances
enacted by the County (the "Code"); and
WHEREAS, the BOCC desires to develop the Code into a more user friendly
document that is of greater utility to the citizens of the county, those persons who
use the Code on a routine basis, as well as County officials and staff; and
WHEREAS, the BOCC recognizes that the work of ordinance codification is
an ongoing process that requires a continuing effort by various County officials
and staff, and it is the goal of the Boec to ensure that the Code is kept current
and of maximum use and clarity;
WHEREAS, the Monroe County Planning Commission held a public hearing
on the adoption of the Land Development Code at its regular meeting of November
18, 2008 and recommended approval to the HaeC;
NOW, THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY PLANNING
COMMISSION:
Adoption of The Land Development Code, Volume 2 of the IIMonroe County,
Florida Code, II published by Municipal Code Corporation, is recommended to the
BOCC for APPROVAL.
PASSED AND ADOPTED by the Monroe County Planning Commission, Florida, at
a regular meeting held on the 18th of November, 2008.
James D. Cameron, Chair
Randolph D. Wall, Vice Chair
Jeb Hale, Commissioner
John Marston, Commissioner
Donna Windle, Commissioner
yes
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...Y!lli..
yes
~
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
~A~
By
James D. Cameron, Chair
Signed this t< TH day of JanualY, 2009.
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ORDINANCE NO.
- 2008
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF
ORDINANCES FOR MONROE COUNTY, FLORIDA; PROVIDING
FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED
THEREIN; PROVIDING A PENALTY FOR THE VIOLATION
THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING
WITH THE SECRETARY OF STATE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the Monroe County Board of County Commissioners (BOCC)
engaged the Municipal Code Corporation (the AMCC@) to re-codify the ordinances
enacted by the County (the "Code"); and
WHEREAS, the BOCC desires to develop the Code into a more user friendly
document that is of greater utility to the citizens of the county, those persons who
use the Code on a routine basis, as well as County officials and staff; and
WHEREAS, the BOCC recognizes that the work of ordinance codification is
an ongoing process that requires a continuing effort by various County officials
and staff, and it is the goal of the BOCC to ensure that the Code is kept current
and of maximum use and clarity;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. The Code entitled "Monroe County, Florida Code," published by
Municipal Code Corporation, consisting of chapters 1 through 146, each inclusive,
is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or
before October 17, 2007, and not included in the Code or recognized and
continued in force by reference therein, are repealed except for
(a) Ordinance 026-1999 concerning the length of service award program for
volunteer fire personnel and emergency medical services personnel which was
never codified, and will be included in the first supplement to the code.
(b) former Sections 13.5-3 (a)(2)and (3), 13.5(b)in its totality concerning the
serving of alcoholic beverages at the restaurant at Higg's Beach which was
inadvertently omitted.
Section 3. The repeal provided for in section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by a subsequent
ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of
a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine of not less
than $15.00 nor more than $500.00, imprisonment for a term not exceeding 60
days, or any combination thereof. Except as otherwise provided by law or
ordinance, with respect to violations of the Code that are continuous with respect
to time, each day that the violation continues is a separate offense and with
respect to violations that are not continuous with respect to time, each violation is
a separate offense.
Section 5. Additions or amendments to the Code when passed in such form as to
indicate an intention to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section 6. Ordinances adopted after October 17, 2007, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they
amend or refer to like provisions of the Code.
Section 7. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder
of this ordinance, but the effect thereof shall be confined to the section,
paragraph, subdivision, clause, sentence, or provision immediately involved in the
controversy in which such judgment or decree shall be rendered.
SectioD 8. This ordinance shall be filed in the Office of the Secretary of the State
of Florida.
SectioD 9. This ordinance shall become effective on March 1, 2009.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the of 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE,
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor George Neugent ATTORNEY
MONROE COUNTY
APp~M'
~) ~
L/ S /N M. GRIM::)L.
AS~STANT COUNTYj~~~y'
Date t.AJ7/'-0lf J/-bt
NOTICE OF PUBLIC HEARING TO CONSIDER
ADOPTION OF A NEW CODE OF
ORDINANCES (RE-CODIFICATION) FOR
MONROE COUNTY, FLORIDA COMPRISED
OF TWO VOLUMES, PART I GENERAL
ORDINANCES AND PART II LAND
DEVELOPMENT CODE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 28,
2009, at 3:00 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200
Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following proposed County Ordinance:
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES
FOR MONROE COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF
CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY
FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF
AMENDING SUCH CODE; PROVIDING FOR SEVERABIT..ITY; PROVIDING FOR
FIT..ING WITH THE SECRETARY OF STATE; AND PROVIDING WHEN SUCH
CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides 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.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call "711".
A copy of the Ordinance may be obtained and the new Code may be examined at the Office of the County Attorney,
1111 12th Street, Suite #408, Key West, FL 33040.
Dated at Key West, Florida, this 17th day of December, 2008.
(SEAL)
DANNYL. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
For Publication as a ~ page displav ad - title in 18 point type:
Reporter (Fr) 12/26/2008
Keynoter (Sa) 12/27/2008
KW Citizen (Su) 12/28/2008