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Ordinance 025-2010Mayor Murphy ORDINANCE NO. 025 — 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED USES OF RIGHTS -OF --WAY; PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR C ICATION TO START THE APPEAL TIME PERIOD RUNNING ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Code Ch. 19 currently requires permits for construction or improvements in existing rights -of -way and all roads and streets dedicated to the County in order to preserve the functionality of the rights -of -way, to maintain smooth traffic flow, and to apply safety standards; and WHEREAS, Section 316.025(1), Florida Statutes (F.S.), currently prohibits the obstruction of the normal use of a public street or road by impeding traffic thereon; and WHEREAS, members of the public have complained about children playing on their streets, especially where semi -permanent structures such as basketball hoops have been placed within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull into the streets, thereby endangering both themselves and the persons in the vehicles; and WHEREAS, an old County Engineer opinion regarding obstructions in the right-of-way is debatably inconsistent with existing Code provisions and it is deemed in the interest of public safety and welfare that the County Code be revised to clarify permissible uses and effectively repeal the old opinion; and WHEREAS, it has been deemed to be a matter of public welfare to create a separate ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this ordinance is a companion; and WHEREAS, certain sections in Chapter 19 and 25 incorrectly refer to the public works department and public works director since the engineering department and engineering director handles right-of-way permits and such reference should be changed to reflect the division that is responsible for right-of-way permitting; Co.AAy. Ord Amend. Ch. 19 and 25 Page 1 of 12 As approved BOCC 8/18/10 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 19-31, Monroe County Code, shall be amended to read: Sec.19-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Arterial road means a road carrying a higher volume of traffic than a local or collector road, that is used primarily for traffic traveling a considerable distance and as otherwise defined in F.S. § 334.03(l). An arterial road is generally continuous and is used as a main traffic artery. Collector road means a road that carries traffic from local roads to major thoroughfares and includes the principal entrance roads of a residential subdivision and as otherwise defined in F.S. § 334.03(4). County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8). Governmental or subgovernmental agencies means the state and its various agencies and departments, the United States of America and its various agencies and departments, political subdivisions of the state, including counties, incorporated municipalities of the state, drainage districts, and such taxing districts and special agencies and bodies as are created by county ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. § 334.03(12). Local road means a road designed and maintained primarily to provide access to abutting property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through traffic. Permit means the written permission of the board of county commissioners through the office of the county engineering director to enter onto the public rights -of -way within the county road system to perform the construction or installation as specified in that instrument. Permittee means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit commencing proceedings under this article or obtaining a permit as provided herein to effect construction within the public rights -of -way of the county. Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or their successors, affiliates, subsidiaries or assigns. Co.Auy. Ord Amend. CI.19 and 25 Page 2 of 12 As approved BOCC 8/18/10 Public rights -of -way means land that is dedicated or deeded to (or is now used or will be used by) the county as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other purposes, including those rights -of -way within municipalities that by virtue of bilateral agreements between the municipality and the county are subject to the jurisdiction and control of the county engineering department; and those state secondary roads for which maintenance has been assigned to and accepted by the county. Until such time as the board of county commissioners accepts ownership and responsibility for the maintenance of a right-of- way, it shall not be considered part of the public rights -of -way for the purposes of this article except in cases where the title to such right-of-way was vested in the county prior to June 11, 1963. Public works manual means the current edition of the "Monroe County Public Works Manual, Parts 1 and 2." Road means the same as that term is defined in F.S. § 334.03(23). SECTION 2. Section 19-33, Monroe County Code, shall be amended to read: Sec. 19-33. Permit required. County public right-of-way use permits shall be required for all roads and streets to be constructed or improved in existing rights -of -way; and all roads and streets that are to be dedicated to the county; all construction or installation or maintenance of any public or private utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object in the right-of-way or easement, other than those constructed or maintained by the county, within rights -of -way of the county road system as defined in F.S. § 334.03. Construction or installation within county -owned canals and county -owned waterways will likewise require a permit. A permit from the Florida Department of Transportation is required for the construction of accessways to or construction within the rights -of -way of any part of the state highway system as defined in F.S. § 334.03. A permit cannot be obtained for boulders or landscaping within the County public right-of-way. SECTION 3. Section 19-3 5, Monroe County Code, shall be amended to read: Sec. 19-35. Permit review by the county engineering director. The board of county commissioners hereby authorizes and empowers the engineering director or his duly authorized representative to receive and review permit applications, collect fees, and issue permits in a timely manner allowing the permittee to enter onto the public rights -of -way within the county road system to perform specified construction or installation. No work may be performed in county rights -of -way or easements, except as noted in sections 19-34, 19-36, and 1945 until plans have been submitted in conformance with section 19-38 and a county public right-of-way use permit has been issued by the engineering director. Co.AAY. Ord Amend. Ch. 19 and 25 Page 3 of 12 As approved BMC 8/18/10 SECTION 4., Section 19-38(a), Monroe County Code, shall be amended to read: (a) All applications for county public right-of-way use permits, accompanied by the appropriate .fee, and including four sketches, plans or drawings of the proposed construction or alteration, shall be submitted to the county engineering director. All construction within county public rights -of -way shall conform to and meet the technical standards and specifications of the county as contained in the document entity, "Public Works Manual: Standard Specification and Details," and/or land development regulations, as applicable. Application for access to or construction within state road rights -of -way shall be submitted to the Florida Department of Transportation. SECTION 5. Section 19-38(b)(3), Monroe County Code, shall be amended to read: (3) A general description of the proposed project, its purpose and intended use, including a description of the nature and type of construction; composition, etc.; date when the activity is proposed to commence and approximate date when the proposed activity will be completed, including legal description, or street address and approximate nearest mile marker and key; and an explanation or detailing of any additional information reasonably required by the engineering director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil percolation test, etc.; and SECTION C. Section 19-39, Monroe County Code, shall be amended to read: (a) Unless specifically waived by the board of county commissioners, or the county lb 0 engineering director, the permit shall not be effective for any purpose whatsoever until the applicant, or his designated representative, delivers to the county engineering director a certificate of general liability insurance and automobile liability insurance with combined single limits of liability of no less than $300,000.00 for bodily injury and property damage coverage equal to or in excess of the following limits: $300,000.00 combined single limit for property damage and/or bodily injury. The certificate of insurance shall name the county as an additional insured, shall be effective for all periods of work covered by this use permit, and shall be in a form acceptable to the county engineering director. A statement of insurance from aself-insured entity may be accepted as a substitute. (b) An executed right-of-way bond or other form of surety acceptable to the engineering director may, at the discretion of the engineering director, be required in an amount equal to 110 percent of the estimated cost of construction. Such bond shall be in erect for a period of not less than 3 0 days and not more than 90 days after final inspection and acceptance of work by the engineering department. A letter guaranteeing performance of work may be deemed acceptable in lieu of a bond. All restoration shall leave the right-of-way or easement in a condition that is as good as or better than that which existed prior to construction. Co. AUyy. Ord Amend. Ch. 19 and 2 S Page 4 of 12 As approved BOCC 8/18/10 SECTION 7. Section 19-40(f), Monroe County Code, shall be amended to read: (f) All permitted work will be subject to inspection by the county engineering department. SECTION S. Section 1941(b), Monroe County Code, shall be amended to read: (b) Access driveways onto rights -of -way shall be limited to the least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights -of -way, the application shall be reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights -of -way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the engineering department. SECTION 9. Section 1943 (a), Monroe County Code, shall be amended to read: (a) The board of county commissioners hereby establishes reasonable application and permit fees to be charged by the engineering department for activities permitted hereunder. SECTION 10. Section 19-43(b)(1), Monroe County Code, shall be amended to read: (1) where the construction performed is for the benefit of a governmental or subgovernmental agency and applicable fees are specifically waived on an individual project -by -project basis by the director of engineering; SECTION 11. Section 19-43(b)(2), Monroe County Code, shall be amended to read: (2) Where the permittee is under contract to deliver the constructed project over to a governmental agency upon completion of the project and the director of engineering has waived applicable fees for such project consistent with subsection (b)(1) of this section; SECTION 12. Section 19-43(c), Monroe County Code, shall be amended to read: (c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in an amount determined by the engineering director pursuant to the following schedule. In the event a construction permit is denied, only the application fee shall be payable. Co.AUy. Ord Amend. Ch. 19 and 25 Page 5 of 12 As approved BOCC 8/18/10 SECTION 13. Section 19-43(d), Monroe County Code, shall be amended to read: Section 19-43(d). Fees. (d) The engineering department shall charge and collect fees for the items at rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county public right-of-way use permit applications. If the permit application is approved, the application fee will be applied to the permit fees as detailed under subsection (d)(2) of this section. (2) Permit f fees. Fees for public works construction, under permit issued by the engineering department, in canal, road and street rights -of -way and easements in the unincorporated area of the county and in the rights -of -way of canals, roads and streets located within municipalities that are maintained by the county are established as follows: a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: TABLE INSET: For 100 lineal feet or fewer $3 0. 00 For each additional 100 lineal feet or fraction thereof 6.25 b. For French drains, consisting of catch basin and seepage trench or slab covered trench: TABLE INSET. - For the installation consisting of one or two catch basins, and seepage a it of lengths n x $3 0.00 trench or soaka ge p gt s of to teed 100 lineal feet c. For construction or replacement of sidewalks, curb and gutter: TABLE INSET. - For 100 lineal feet or fewer $25.00 For each additional 100 lineal feet or fraction thereof 6.25 d. For construction of driveways: TABLE INSET: I For driveway width of 20 feet or fewer 1 $25.00 1 I For driveway width greater than 20 feet but less than 40 feet (each I 15.00 I driveway) For driveway width greater than 40 feet (each driveway) 120.00 Co-Atty. Ord Amend. Ch. 19 and Zs Page 6 of 12 As approved BOCC; 8/18/10 e. For construction of street pavements: 1. One -lane or two-lane pavements (width of pavement zero to 24 feet): TABLE INSET: For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 110.00 2. Three or more lanes of pavement (aggregate width greater than 24 feet): TABLE INSET: For 100 lineal feet or fewer $100.00 For each additional 100 lineal feet or fraction thereof 125.00 f. For paving of parkways and shoulders: TABLE INSET : For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 112.50 g. For construction of curb separators: TABLE INSET: For 100 lineal feet or fewer $25.00 For each additional 100 lineal feet or fraction thereof 15.00 h. For construction of bridges: TABLE INSET: For bridge roadway area of 1000 square feet or fewer $500.00 For each additional 100 square feet 25.00 i. For installation of permanent -type traffic barricades, guardrails and guide posts: TABLE INSET: I For each 100 lineal feet or fraction thereof 1 $12.50 1 j. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DEP): TABLE INSET: For each lineal foot pipe, per foot of pipe diameter or fraction thereof $1.00 Co. Axty. Ord Amend. Ch. 19 and 25 Page 7 of 12 As approved BOC(. 8/18/10 k. A permit fee for amultiple-pipe culvert shall be determined by regarding the aggregate lengths as one continuous pipe. 1. Penalty fees a. When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good -faith belief that the construction is not affecting the county right-of-way, the penalty fee may be waived at the discretion of the engineering director; provided, however, that violators promptly apply for a permit and pay all applicable fees. b. The penalty fee shall be $250.00 plus double the original permit fee. c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve any person, firm or corporation from being subject to any of the penalties therein. SECTION 14. Section 19-445 Monroe County Code, shall be amended to read: Sec. 19-44. Relocation upon notice by the engineering director. Any permission granted for construction under this article does not constitute and shall not be construed as permitting a permanent installation within any public right-of-way. Any facility permitted within the public right-of-way shall be relocated or reconstructed by the owner at his sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any project performed by the county or its authorized representative, that is deemed to be in the interest of the general public within 30 days of the request. It shall be the responsibility of the engineering director to provide notice to the affected permittees at the earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the owner requests additional time up to a maximum of 180 days, this may be granted by the office of the engineering director upon receipt of a letter stating adequate grounds to support the owner's position that additional time is necessary to complete the relocation. If the extension of time requested by the owner is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the owner may appeal to the board of county commissioners by written request; and the time for relocation shall be stayed while the appeal is pending. Where the county has requested a relocation, permits shall be required to approve the new sites of the utility facility, but permit fees shall be waived. Utility placements and relocations shall be governed as provided by general law. SECTION 15. Section 19-45, Monroe County Code, shall be amended to read: Sec. 19-45 Emergency repairs. In the event of an emergency requiring repairs by utility companies to some portion of their facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however, emergency repairs shall be reported to the county engineering director the next business day as provided for in section 19-36. Traffic safety measures must be implemented by the utility. Work Co.AUy. Ord Amend. Ch. 19 wW 25 Page 8 of 12 As approved BOCC 8/18/10 performed as a result of such emergency repairs may continue pending the granting of an after - the -fact permit. SECTION 16. Section 19-46, Monroe County Code, shall be amended to read: Sec. 19-46. Appeals. Any party claiming to be aggrieved by a decision of the engineering director may appeal to the board of county commissioners by filing a written notice of appeal with the engineering director within 30 days of the date of denial. Once a denial has been issued by the County engineering director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC within 30 days of the denial and shall not be allowed to submit a second application or a petition for clarification, or any other mechanism to attempt to create a new date from which the 30 days for appeal shall run. SECTION 17. Section 1947, Monroe County Code, shall be amended to read: Sec. 19-47. Time limits. (a) Within seven days after receipt of an application for a permit under this article, the director of engineering (or his designee) shall review the application and shall request submittal of any additional information the director is permitted by law to require. If the applicant believes any request for additional information is not authorized by law or departmental rule, the applicant shall notify the director that the applicant objects, the grounds therefore, and that he will rely upon his appellate rights under section 19-46 in the event the permit is denied. Within 15 days after receipt of any submitted additional information, the director shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the director for such additional information is not authorized by law or department rule, applicant shall notify of his objection and give notice to proceed to process the permit application. Permits shall be approved or denied within 30 days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application, whichever shall have last occurred. If the application is not approved or denied in writing within 360 days after the last submittal, it shall be deemed approved and the applicant may demand the permit be issued. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of engineering with an explanation of the basis for such request. (b) A request may be made to the director of engineering with the filing of an application for expedited review and processing, and provided that all information required as described in subsection (a) of this section is submitted with the application, the director shall make a reasonable effort to review and process the same within five days after receipt. CO -My. Ord Amend. Ch. 19 mW 25 Page 9 of 12 As approved BOCC 8/18/10 SECTION 18. Section 19-48, Monroe County Code, shall be amended to read: Sec. 1 9-48. Restoration and penalty. No person shall use county rights -of -way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefore unless otherwise authorized by law. In the event county rights -of -way or easements are used and/or construction or obstruction takes place without a permit, upon written notice by the engineering director, the person shall apply for an after -the -fact permit and pay all fees and penalties as provided in Section 19-43 of this Chapter and shall restore any area for which an after -the -fact permit may not be issued to its original condition and cease any nonpermitted use except as noted in section 19-43 (b). SECTION 19. Section 25-51, Monroe County Code, shall be created to read: Sec. 25-5. Prohibition of obstruction of traffic. It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road in the unincorporated areas of Monroe County by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in Sections 25-6, Monroe County Code. SECTION 20., Section 25-6, Monroe County Code, shall be created to read: Sec.25-6. Penalties. (a) Any person cited for a violation of Section 25-5, Monroe County Code is charged with a noncriminal infraction and shall be cited for such an infraction as well as the corresponding state statute and shall be cited to appear before the court official who handles other traffic violations. (b) Any person cited for an infiaction under this section must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. (c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor of the second degree. Co.AUy- Ord Amend. Ch. 19 and Zs Page 10 of 12 As approved BOCC 9/18/10 SECTION 21. Section 25-3 5, Monroe County Code, shall be amended to read: Sec. 25-35. Parking of trucks, trailers and travel trailers, storage. (a) within any residential district, no trucks, trailers or wagons of one -ton or greater capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked on the paved part of any public right-of- way, or on private property except within a completely enclosed garage. No trailers of less than one -ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping trailers and cargo trailers shall be parked for storage purposes, including overnight, on any public right-of-way, but such trailers may be parked on private property in any district pursuant to subsection (b) of this section and this chapter. Only one recreational vehicle -type unit as defined in F. S § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided I this section. Trucks, trailers, wagons, or recreational vehicle -type units as referred to in this subsection may only be parked on the same lot with and after the principal structure is erected. (b) All trailers, motor homes or motor coaches parked in accordance with this article shall be parked taking into account the setback requirements as is set forth in part H of this Code. (c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of this article shall not be used as a place of habitation. (d) No motor vehicle of any type shall be stored, including parking overnight, on any public right-of-way. A motor vehicle parked on a public right-of-way in excess of seventy-two (72) hours shall be presumed to be stored. (e) These vehicles must be registered in the name of the owner or the tenant of the property where they are parked. (f) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this section must be remitted to the county's general fund. (g) In the case of a violation of this section, the law enforcement officer or parking enforcement specialist, in addition to charging the owner or operator with any noncriminal violation set forth in subsections (a) through (e) of this section, may have the vehicle towed and impounded at the owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation charged was invalid: (1) The vehicle must be immediately released without charge and with the lien provided for in this section automatically extinguished; or (2) If the owner or operator has paid the cost of towing and impoundment, the amount paid must be refunded. Co-Atty. Ord Amend. Ch. 19 and 25 Page 11 of 12 As approved BOCC 8/18/10 SECTION 22., SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. SECTION :23. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. SECTION 24. INCLUSION IN THE CODE OF ORDINANCES. 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. SECTION 25. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a regular meeting of said Board held on the 1 Sthday of August, 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Mario Di Gennaro Yes Commissioner Kim Wigington Yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE CO , FLORIDA By Deputy Clerk Mayor/Chairperson o C C Q. -�_. �._-- _ r , 4�, / l l� � O U NTH' • \TT c �yl�li.l � �.�. }.�,_ A ..,VD AS T �--.:WEN— c ..,.� T j ZA N A. TTO N W coo)) I . AT NEY r-4� C*Q .,... Co.Atty. Ord Amend. Ck 19 and 25 Page 12 of 12 As approved BOCK; 8/18/10 Ln lJ'j ru kF� O et, i e ec IF �7 p C3 .lei hr rq t b C3 :, C. Box 2265 -- --Y. _ _P--._..-.... r E ,; N�. "r^ f �.' . �', . :. I," 32316-2235 I �ta'a i'iP- 4 - � � ci 13112 Qzllllmllm�Ma11:! ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building 900 South Bronough Street Tallahassee, Florida 32399-0250 A. Signature X B. Received by (Printed Name) ❑ Agent C. Date of Delivery 1AWryb 1 E ,N lidifferent from item 1? ❑ Yes If ' •�l low: ❑ No �. 5e Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 1670 0001 0244 7525 (Transfer from service labeQ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid 111111 LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • DANNY L. KOL.HAGE It}lifiillFi�i illlf lli�li ifli}f iil �31}llFYii�l}iliiFiliii}liii (bomesdc -Mail Only; No insurance Coverage Provided) ru of rLl r-1 Certified Fee _Q Postmark O Heturn Hoceipt Fee Requited) Here 0 Hestricted Uelivery Fee (Fnrinrqp,mont PIPquirpri) ol& t Admim trativy de, t ekly ED ent —To FSR,,A. Gray Buiwq(�9*5"ly wO--S=tT-BTOTTOu 4-Y-Street -------------------- Lor"NO,L[2hassp—e--FljDrida-.32399nG25.0 ............ Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: r ■ Certified Mail is not available for any class of international mail. nin �nici io nnir�e r,ner-n nr�r_ ,c �. .. valuables, please consider Insured or Registered Mail. pup PS, " required. fee. .. - .;,,. P a , endorsement "Restricted-Velivery". If a postmark on the Certified Mad is desi- - cle a, the ,ffice fr receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800. August 2006 (Reverse) PSN 7530-02-000.9047 CHARLIE CRIST Governor September 13, 2010 STATE LIBRARY AND ARCHIVES OF FLORIDA Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: DAWN K. ROBERTS Interim Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated September 8, 2010, and certified copies of Monroe County Ordinance Nos. 025-2010 and 026-2010, which were filed in this office on September 13, 2010. Sincerely, r Liz Cloud rn (:j Program Administrator p �J LC/srd = C-) .. o w --:0 cn o DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee. Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.il.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 KEY©wEST .. STATE OF FLORIDA TM Florida Kays Only ollyN..•sa+wr Est.1870 COUNTY OF MONROE Cooke Communications, LLC Florida Keys - Before the undersigned authority personally appeared Randy G. Erickson; Marsha F. Kirkwood who on oath says that he is Vice-President of Advertising Operations of the Advertising Coordinator Key West Citizen, a daily newspaper published in Key West, in Monroe PO Box 1800 County, Florida; that the attached copy of advertisement, being a legal notice Key West Fl 33041 in the matter of Office.:::305-292-7777. Extenslon.... ...x219 ate. .. Fax 305-295-8025 legais@kevsnews;com 41/40776,41,5A) INTERNET PUBLISHING keywest.com was published newspaper in said in the issue(s) of keysnews.com .. p floridakeys.com key-west com. 404..e., 02 7 2 o®o Web Design Services / NEWSPAPERS Affiant further says that the Key.West Citizen is a newspaper published in The Citizen Key-West, .in said Monroe County, Florida and that the said newspaper has Southernmost Flyer heretofore been continuously published in said Monroe County, Florida every Solares Hill Big Pine Free Press day, and has been entered as second-class mail matter at the post office in Key Marathon Free Press .West, in said Monroe County, Florida, for a period of 1 year next.preceding Islamorada Free Press Key Largo Free Press the first publication of the attached copy of advertisement; and affiant further MARKETING"SERVICES says,that he has neither paid nor promised any:person, firm.or corporation any Commercial Printing discount, "rebate, commission or refund for the purpose of securing this Citizen Locals Card advertisement for publication in the said newspaper.p Direct Mail• FLORIDA KEYS OFFICES Printing/.Main Facility 3420 Northside Drive 1 i Key West,FL 0 — Signature of Affiant 33040-1800 Tel 305-292-7777 Fax 305-294-0768 citizen(a,kevwest:com �/� Sworn and subscribed before me this orb day of , 2010 Internet Division 33040-3328 � - Tel 305-292-1880 W otg:f �iAP;�at F,CIR'( rOOr, Fax 305-294-1699 Notary Public: I� * � ' ¢ ''MY OMISSION#lDD8,080 i ,c cYPI?FS September 15,2013 ! sales@keywest.com 1 q„ BondedThru�a,t2r t, uohctJnden riters t°Middle Keys Office Marsha F. Kirkwood .-". 6363 Overseas Hwy f. Marathon,FL (MM 52.5) 2/fa/i/1/114, 33050-3342 Tel 305-743-8766 Fax=305-743.9977 marathon(@keysnews.com. Expires: September 15, 201.3. Notary.Seal Upper Keys Office 91731 Overseas Hwy Tavernier,FL 33070 Tel'305-853-7277 Personally Known x" Produced Identification Fax 305=85lorida Type of Identification Produced freepress@floridakeys.com yh •_ - • Contact JC today. .111111 -71 PHONE: 293-7146 •FAX:2 111111 EMAIL:hr@keysbank.co —NOTICE OF INTENTION TO - ' CONSIDER j ADOPTION OF 1 COUNTY ORDINANCE f • 'NOTICE IS HEREBY GIVEN TO • WHOM IT MAY CONCERN that i ':on,,July 21;2010 at 3:00 P.M., or ., ; 'r as•soon :thereafter as may by (I heard,at the Harvey i Government Center,1200 Truman Avenue, Key West, 1 Monroe County, Florida, the , i Board of County Commissioners of Monroe County, Florida,•intends ' to consider the-adoption of the following County ordinance: ' • II AN ORDINANCE OF THE ` BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA AMENDING j MONROE COUNTY CODE • ! CHAPTERS 19 AND 25; , PROVIDING CLARIFICATION OF PROHIBITED USES OF 1 RIGHTS-OF-WAY;PROVIDING FOR LIMITATION ON • ATTEMPTS TO CIRCUMVENT Y THE APPEALS PROCESS BY i EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR - „ CLARIFICATION TO START THE ' • j APPEAL TIME PERIOD _ - - RUNNING ANEW;PROVIDING �ated at Key West, Florida, this PENALTIES;PROVIDING ; 16th day of June,2010. ADDITIONAL ENFORCEMENT MEASURES AND DANNY L.KOLHAGE, • '1 PROCEDURES;PROVIDING Clerk of the Circuit Court ' FOR INCREASED FEES FOR and ex officio Clerk of PERMITS;PROVIDING FOR the Board of County ' SEVERABILITY;PROVIDING • Commissioners of `; FOR THE REPEAL OF ALL Monroe County,misiFlorida ORDINANCES INCONSISTENT June 27,2010 • • HEREWITH;PROVIDING FOR - I INCORPORATION INTO THE . ORDINANCES;AND PROVIDING AN EFFECTIVE DATE. ; Pursuant to Section 86.0105, I 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 - P c� meetings, he will need a record of _a •�._,a the proceedings,and that,for such `r` �;-- p purpose, he may need to.ensure r 7 1.~ that a verbatim,record of the - r7 f'- 'proceedings is made,which record I. GO ,includes the testimony and evidence upon which the appeal is • 'r,,:r M. be based. ":�. •• id) n ;.1 .. CD ADA ASSISTANCE: If you are a t'? t77 person'with a disability who needs W CD special accommodations, in order to participate in these proceedings, please contact the • I County Administrator's Office, by • I phoning (305) 292-4441, between. ' the hours of 8:30 a.m. -5:00 p.m., no later than ten(10 calendar days ,prior to the scheduled meeting; if I you are hearing or voice impaired, - I, ' call"711". LIMITATION ON ATTEMPTS ��F L O R I D A KEYS • .. 1,TO CIRCUMVENT THE Y - i 7 II :[ 1 APPEALS PROCESS BY , 1 r '�l ;a '') sue, r41".'' FILED FOR RECORD 'SUBMIS EXCLUDING THE ' „ „ ; K4'4 / ,SUBMISSION OF NEW - d =,�1 ' 2 r I -�+�' lit \,;t-- i �Iv.:z 'APPLICATIONS OR ,. =.� '\ .; _/ L : ....::.:..._"'r_ !n REQUESTS FOR _ , Published Twice Weekly �� � JUL 12 �� iU� 14 CLARIFICATION TO START ,THE 1 Marathon, Monroe County, A 'RUNNING THEM PEALTIMEPERIOD y+ � ii'S�✓ • ��0_°�'�CL !PROVIDING PENALTIES; CLERK CIR.CT. PROVIDING ADDITIONAL • PROOF OF PUBLICATION MONROE COUNTY, FL ;ENFORCEMENT MEASURES i, !AND PROCEDURES; {PROVIDING FOR INCREASED FEES FOR ' STATE OF FLORIDA PERMITS;PROVIDING FOR ,:I COUNTY OF MONROE ISEVERABILITY;PROVIDING.� FOR THE REPEAL OF ALL Before the undersigned authority person- ORDINANCES ally appeared WAYNE MARKHAM who on 1PROVIDINGFORINCONSISTENT HEREWITH; oath, says that he is PUBLISHER of the O `(� �INCORPORATION INTO THE FLORIDA KEYS KEYNOTER, a twice 0 a ,MONROE COUNTY CODE OFI 'ORDINANCES;AND weekly newspaper published in Marathon,, ;PROVIDING AN EFFECTIVE in Monroe County, Florida: that the IDATE. attached copy of advertisement was I Pursuant to Section 286.0105, , published in said newspaper in the issues Florida statutes,noticeisgiven 1 that if a person decided to of: (date(s) of publication) ,appeal any decision made by �/� /� !the Board with respect to any �e .2.6, R' / //� I matter considered at such s .7 (f 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 Affiant further sa s that the said FLORIDA which rroceedingdesthee,, ' y which record includes the KEYS KEYNOTER is a newspaper. published -E testimony and evidence upon at Marathon, in -said--- Monroe -Count , _ E which the appeal-is to be ,i y based. • Florida, .and that the said newspaper has ':- heretofore been continuously published in . Nq.3347000 • ADAASSISTANCE:If you are • a person with a disability who said "Monroe County, Florida, .twice each �`NOTICEOF INTENTION TO needs special week (on Wednesday and Saturday) and ,,CONSIDER ADOPTION OF' •, accommodations in order to•, ',COUNTY ORDINANCE participate in these has been entered as a second class mail - proceedings,please contact matter at the post office in Marathon, in , NOTICE IS HEREBY GIVEN the County Administrator's TO WHOM IT MAY CONCERN, Office,by phoning(305) Monroe County, Florida, for a period of '•that on July 21,2010at3:00' , . 292-4441 between the hours ,� one year next preceding the first i"P:M.,ores soon thereafter as of8:30a.m.-5:00p.m.,nolater ublication of the attached copyof -may be heard,at the Harvey than.ten(10calendar days prior 1 p l'Government Center,1200 : to the scheduled meeting;if you advertisement. The affiant further Says 9.:Truman Avenue,Key West; are hearing orvoiceimpaired, .I that he has neither paid nor promised any Monroe County,Florida,the call"711". i Board of County ' person, firm, or corporation any discount, 1 Commissioners of Monroe Dated at Key West,Florida,this rebate, commission or refund for the County,Florida,intends to- 16th day ofJune,2010. consider-the adoption of the. , - I purpose of securing this advertisement for ik following County ordinance:::-- DANNYL.KOLHAGE; • publication in the said newspaper(s) and Clerk of the CircuitCourtandex L AN ORDINANCE OF THE officio Clerk of the Board of that The Florida Keys Keynoter is in full ;BOARD OF.COUNTY County Commissioners of compliance with Chapter 50 of the Florida t COMMISSIONERS OF Monroe County,Florida . • i • State Statutes on Le9al and Official O MENTY, I FLORIDAFDA A AMENDING • Publish June 26,2010. Advertisements. ;MONROE COUNTY CODE Florida Keys Keynoter .CHAPTERS 19 AND 25; PROVIDING CLARIFICATION :OF PROHIBITED USES OF •RIGHTS-OF-WAY; ; 'PROVIDING FOR '•' • Swor to a su ribed before me -- (ICONT/NUEDIN THE NEXT COLUMNI', thiso6 D of , 2010. (SEAL) - i I . - - - /i ��str"o- BEVERLY TRAEGER ( /�i'�( 4�,�• �alp MY COMMISSION#DD 969749 U\' ` "� EXPIRES:Apri118,2014 3^t-�i`;re`- on Is Bonded 7tia Notary Pubt'rc Underwriters Notary ' : ' ' -_-_ -:.--..,.'.-.'''::::'l':: :.. .. .•1'2';..'. : --:.'::, :,L,,''.: .. ,,, r I gatFQ R CaRo e P O Box 1197 • Tavernier, Florida'33070 1197 2Q;0 JUL 12-: `i 1®? 4 (305)852 3216 Fax (305)"852 0199 ---- F. is r Er t Monroe County, Ar-N 1 rt0LliMfl� ,, NORDINANCEOFTHE PROOF Of PUBLICATIOL.N ���' C� ' t+ • rBOARDOFCOUNTY . • (SEAL) l.in k -E COUNTY; r( ) COMMISSIONERS OF MONROE COUNTY, Published:6/25, FLORIDA AMENDING The Reporter STATE OF FLORIDA 1- MONROECOUNTYCODE Tavernier,FL3- CHAPTERS19AND25;.- - - COUNTY;:OF MO,NROE PROVIDING CLARIFICATION" I 'OF PROHIBITED USES OF Before the undersigned authority personally ! RIGHTS-OF-WAY; 1: PROVIDING LIMITATION ON appeared;DAVID G'O.ODHUE'who onoath, says. " ATTEMPSTOCIRCUMVENT that he is;EDITOR of THE;REP;ORTER,�a;Weekly THEAPPEALS PROCESS BY news a er entitled to le al l SUBMISEXCLUD IONNG OF p p publish. g advertising SUBMISSION OF NHE EW • p• ublishedat Tavernier, Monroe County,'Florida = APPLICATIONS OR e REQUEST,FOR:": ., that the attached copy Of advertisement, being I CLARIFICATION TO START L• EGAL NOTICE ;in said newspaper in the i•ssue a01 THE APPEALTIME PERIOD S ` RUNNING ANEW; of pc3, ,. PROVIDING PENALTIES; I PROVIDING ADDITIONAL J`une:25, 2010 ENFORCEMENT MEASURES AND PROCEDURES; _ PROVIDING FOR Affiant further'$a s ;that THE REPORTER'is a ;i INCREASED PROVIDING R Y PERMITS; OVIDIN FOR newspaper published at ;Tavernier,',--in'. 'said sl=_vERABILIrr;PROVIDING , Monroe Count Florida, and that the" said FOR THEINANCE EA OFALL Y,, ORDINANCES newspaper has heretofore ;been-_continuously INCONSISTENT.HEREWITH, published::in the said: Monroe County,; Florida, f INCORPORAING TION INTO THE, each week (on:Friday), and has been entered_as MON NOE COUNT1fCODE QF i second class mail .matter'at the.=Post ®ffice' in oRDi ANCES; EFFECTIVE ; Tavernier,'in said County of;Monroe, Florida,_for a period of one year: next:.preceding the first Purs„anttosection2as:o1o5 -, publication of the attached copy of Florida Statutes;notice is given has neitherpaid.nor"promised an firm,that she p thatifaaerso vision ad pal y d islon made b advertisement: and affiant further-sa s person, $ the Board with respectto,any p y matter considered at such' or corporation any ;,discount, rebate, - hearings or meetings,he will commission or: refund for the' purpose _of 6, needarecordofthe" Securing`-'this',advertisement for''publication an t proceedings,and that,for such the.`said news a er'and:that The Re orter'is in , purpose,he may need re ' - p p p ensure that ae verbatim record full compliance.with Ch r 0 Of the Iorida of,the proceedings is made, . State Statutes " al an Official which record includes the' r g testimony and evidenceupon Advertisements. / which the appeal is to be- i based. ADAASSI STANCE:Ifyouare a persoh with a disability who r needs special _ 0600 • accommodationsinorderto r �� participate in this proceeding Swor and _s scribed before_ me this 25th.i NOTICEOFINTENTIONTO please contact theCoun day.ofJune 2010 CONSIDER ADOPTION O,F, Administrator's Office,by S COUNTY ORDINANCE • phoning(305)2924441, -, between the hours'of 8:30 a.m. NOTICE IS HEREBY GIVEN •. =5.00 p.m.,no later than ten(10 , 1 TO WHOM IT'MAY CONCERN .calendar days priorto the t i that on July21,2010 at 3.00 scheduled meeting;ifyou are r ` P.M.,or as soon thereafteras. hearing owoice impaired,call I. i may be heard,at the,Harvey, "711": 1 NO ; Goverment CentOr,.1200 (,, .— i' ci ;Truman Avenue,Key West, Dated at Key West,Florida,this + `''" l Monroe County,Florida, , 16th day of June,2.0.10. 7t he Board of Coun Commis sinners of Monroe County, - . DANNY L.'KOLHAGE, t Florida,intends to consider the , Clerk of the Circuit Court MARGARF J WHISENHUNT ;adoption of the,.following Coun- and ex officio Clerk of the Board COMNIISSION'#}DDSB9967 ty ordinance of County Commissionersof ICO,.. -. D/N THE NEXT COLUMN !CONTINUED IN THE NEXT COLUMN IXPIRES JUM 22 _ Bon egthipu9h lstStaleInsu 3