Ordinance 018-2012 40A ,
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 018, - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 19 -8, RESTRICTION ON USE OF
COUNTY ROADS; PROVIDING A PROCEDURE TO LIMIT
ACCESS TO ROADS DEDICATED TO PUBLIC USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is within the powers of the county to regulate county roads; and
WHEREAS, the Board of County Commissioners finds that there should be more public process
and involvement when a public road is to be limited in its use; and
WHEREAS, this ordinance codifies the criteria and process to be used by the County to limit
vehicular and pedestrian access to, or hours of use for, a public road that is within the jurisdiction
of unincorporated Monroe County;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 19 - 8 shall be established as follows):
Sec. 19 - 8. Restriction on use of county roads.
(a) Generally. For the purposes of this section, a restriction on the use of a county road is the
limiting of vehicular or pedestrian access or the limitation on hours of use by the general public
of a county road that is dedicated to the public, or a county road used by the public, whether
paved or unpaved, within the jurisdiction of unincorporated Monroe County. The restricted
portion of the road shall remain a county road. Further, the restriction shall not constitute
abandonment, and the road may be reopened for vehicular or pedestrian traffic, access and/or use
of the general public at a future time.
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(b) Process for restricting the use of a public road. Restricted access to a public road, or a
segment thereof, may be requested by the county commission, the county administrator, or
any county division or department and processed as follows:
(1) The proposed restricted access shall be reviewed and decided by majority vote of the
board of county commissioners at a public hearing.
(2) A road restriction shall be requested in writing to the director of the division of public
works.
(3) A public hearing shall be scheduled after the division of public works director, director of
engineering services, director of emergency services and any utility provider that may be
affected by the restriction have been notified and indicate that they have no objection.
(4) Ninety (90) days prior to the public hearing, the public works department shall request
that the growth management division provide written notice of the proposal to all
affected property owners and surrounding property owners located within 300 feet of the
entire road segment to be restricted. For purposes of this subsection, an affected property
owner is the owner of property which, if the road is restricted, will have pedestrian or
vehicular access directly from his property eliminated. The notice shall meet the
following requirements:
a. Every notice shall include the date, time and place of the public hearing before the
board of county commissioners, the location of the road and the type of access
proposed to be changed or restricted, and contact information for the county.
b. Notice of the public hearing shall be mailed by the growth management division to all
affected property owners and surrounding property owners as listed in the Monroe
County Property Appraiser's records at least 15 days prior to the date of the public
hearing.
c. The area adjacent to or on the road shall be posted in an area visible to the public with
at least two 18" by 24" signs at least 15 days before the hearing by public works staff.
A photograph of the sign in place with the date of posting on it and a notarized
affidavit by the employee dated the same day as the posting shall be proof that the
posting was done.
(c) Process for removal of restriction. The removal of the restriction on a previously restricted
public road, or a segment thereof, may be requested by the board of county commissioners,
the county administrator, or any county division or department as follows:
(1) The removal of the restriction shall be reviewed and decided upon by the board of county
commissioners at a public hearing.
(2) Notice and procedure shall be done in the same manner as for road restrictions.
(d) Exemptions. Emergency road restrictions for safety, investigative or other emergency related
purposes shall be exempt from the process provided in subsection (b).
Section 2. Severability.
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
Page 2 of 3
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
•
Section 4. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall
become effective as provided by law.
Section 5. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 18th day of July , 2012.
Mayor David Rice Yes
Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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Attest: DANNY L. KOLHAGE, CLERK ;; F
B v By
Deputy Clerk Mayor Da ' Rice
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MONROE `! NT 'RNEY
APPRO a AS 0 •RM •
Date: • _
Page 3 of 3
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
500 WHIT EHEAD STREET, SUITE 101 46000 o�`cG PLANTATION KEY
KEY WEST, FLORIDA 33040 iQ ° :'••• "• GOVERNMENT CENTER
TEL. (305) 294 -4641 j *: 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 0 ;: �,;y�l' d � PLANTATION KEY, FLORIDA 33070
1 ° I.' '; TEL. (305) 852 -7145
BRANCH OFFICE: �� "` t FAX (305) 852 -7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
N ROE OUNTY
TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the - court.com TEL. (305) 852 -7145
FAx (305) 853 -7440
July 27, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7012 1010 0003 4990 5026
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 018 -2012 establishing Monroe County Code Section 19 -8, restriction on
use of county roads, providing a procedure to limit access to public roads.
Ordinance No. 019 -2012 amending Section 21 -46 to amend definitions relating to
specialty haulers, amending 21 -72 to revise requirements and regulations relating to specialty
haulers and creating Sec. 21 -77 to provide penalties for violations of the Ordinance.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on July 18, 2012. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Municipal Code Corporation via e-mail
Growth Management via e-mail
County Attorney via e-mail
Public Works via e -mail
File
7012 1010 0003 4990 5026
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete A. Signature
Rem 4 If Restricted Delivery is desired. x ,j6P T. OF STATE ❑ Agent
• Print your name and address on the reverse ❑ Addressee
so that we can return the card to you. B. Received b
• Attach this card to the back of the mailpiece, y n C. Date of Delivery
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
Ms. Liz Cloud, Program Administra._or
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250 3. Service Type
Cedflied Mail ❑ Express Mail
(Ordinances 018 & 019) ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number 7 012 1010 0003 4 9 9 0 5026
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -1540
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 31, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated July 27, 2012 and certified copies of Monroe County Ordinance Nos. 018 -2012 and 019 -2012, which
were filed in this office on July 31, 2012.
Sincerely,
A UOAS
/ ►
Liz Clous
Program Administrator
LC /elr ti
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley- susan @monroecounty- fl.gov>
Sent: Tuesday, July 31, 2012 2:26 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 3
****THIS I S AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 3
Adopted Recorded
Document Date Recorded Format
Ordinance No. 010- 5/16/2012 7/26/2012 PDF
2012
Ordinance No 016- 6/20/2012 7/9/2012 PDF
2012
Ordinance No. 017- 7/18/2012 7/26/2012 PDF
2012
Ordinance No 018- 7/18/2012 7/31/2012 PDF
2012
Ordinance No 019- i
2012 7/18/2012 7/31/2012 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
8/6/2012
iITiZEWT
STATE OF FLORIDA
Me PIS MO%WO one,PI*N weiblI.r tit.iar COUNTY OF M ONRO E
Cooke Communications, LLC
Florida Keys
Before the undersigned authority personally appeared Randy G. Erickson,
PO Box 1800 who on oath says that he is Vice-President of Operations of the Key West
Key West Fl 33041
Office 305-292-7777 Citizen, a daily newspaper published in Key West, in Monroe County,
Extension...x219 Florida; that the attached copy of advertisement, being a legal notice in the
Fax 305-295-8025 matter of
Iegals(c keysnews,com AjOV(
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INTERNET PUBLISHING
keywest.comsnews.com keysnews.com C V U (J Ju C.e ' coy/0 CoUe_ l 9 -g
floridakeys.com
key-west.com
Web Design Services was published in said newspaper in the issue(s) of
NEWSPAPERS Li Z 0 I Z.
The Citizen / /
Southernmost Flyer
Solares Hill Affiant further says that the Key West Citizen is a newspaper published in
Big Pine Free Press
Marathon Free Press Key West, in said Monroe County, Florida and that the said newspaper has
Islamorada Free Press heretofore been continuously published in said Monroe County, Florida every
Key Largo Free Press day, and has been entered as second-class mail matter at the post office in Key
MARKETING SERVICES West, in said Monroe County, Florida, for a period of 1 year next preceding
Commercial Printing the firstpublication of the attached copyof and affiant further
Citizen Locals Card advertisement;
Direct Mail says that he has neither paid nor promised any person, firm or corporation any
FLORIDA KEYS OFFICES discount, rebate, commission or refund for the purpose of securing this
Printing/Main Facility advertisement for publication in the said newspaper.
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen n,keywest.com Signature of Affiant
Internet Division
33040-3328
Tel 305-292-1880 Sworn and subscribed before me this day of U 1 , 2012
Fax 305-294-1699
sales@keywest.com
Upper Keys Office Notary Public: �,��tar Syr DA NN KAWZINSKY
91731 Overseas Hwy < P> NOTARY PUBLIC
Tavernier, FL 33070 �_ ' ` +STATE OF FLORIDA
Tel 305-853-7277 ��,:" Comm#EE 157233
Fax 305-853-0556 ::c
oo t9�� Expires 1/4/2016
freepress@floridakeys.com 01A„M ��, D
/IAAA-4)
Dawn Kawzinsky
Expires: 1/4/16 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday,July 18,2012,at
3:00 p.m., or as soon thereafter
as
may be heard,at the Harvey
Government Center, 1200
Truman Avenue,2nd floor,Key
West,Florida,the Board of
County
Commissioners of Monroe County,
Florida,intends to consider the
adoption of the following County
Ordinance:
AN ORDINANCE BY THE
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
ESTABLISHING MONROE
COUNTY CODE SECTION 19-8,
RESTRICTION ON USE OF
COUNTY ROADS;PROVIDING A
PROCEDURE TO LIMIT ACCESS
TO ROADS DEDICATED TO
PUBLIC USE: PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR
TRANSMITTAL TO THE
SECRETARY OF STATE;
PROVIDING FOR
CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
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
vidence 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 ten(10)calendar days
prior to the scheduled meeting;if
you are hearing or voice impaired,
call"711"
Dated at Marathon, Florida. this
29th day of June,2012.
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
July 2,2012