Ordinance 016-2015S
ORDINANCE NO. 016 - 2015
AN ORDINANCE CREATING SECTIONS 8 -30(6) and 8- 31(d),
MONROE COUNTY CODE; PROVIDING FOR THE AUTHORITY
OF THE SPECIAL MAGISTRATE IN CODE COMPLIANCE
MATTERS TO HEAR AND RULE UPON FINE AND LIEN
REDUCTION REQUESTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE FOR ORDINA
WHEREAS, Article VIII, Section 1, Fla. Const., provide the Board of County Commissioners (hereinafter
"Board ") as the governing body of Monroe County, with powers of self - government as provided for by general or
special law; and
WHEREAS, certain of those powers have been enumerated in Section 125.01(1), Fla. Stat., to include: (1) the
power to adopt resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of
ordinances in accordance with law, and (2) the power to perform any other acts not inconsistent with law; and
WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or incident to the carrying out of
the powers in Section 125.01, and states that Section 125.01 shall be liberally construed in order to effectively carry out
the purposes of this section and to secure for the counties the broad exercise of home rule powers; and
WHEREAS, the Director of Code Compliance is charged with the responsibility of enforcing the Code of
Ordinances of Monroe County and the Land Development Code of Monroe County; and
WHEREAS, pursuant to Chapter 162, Fla. Stat., the Monroe County Special Magistrate may, upon factual
findings of a violation and the violator's failure to correct or abate the violation pursuant to a previous Order of the
Special Magistrate, impose fines and costs, by virtue of an Order Imposing Fine /Lien or Final Order; and
WHEREAS, Section 162.09(3), Fla. Stat., provides that the Special Magistrate may authorize the County
Attorney's Office to foreclose the lien or to sue to recover a money judgment for the amount of the lien in the event the
fine /lien remains unpaid three months after recording of the Order Imposing Fine /Lien or Final Order; and
WHEREAS, Section 162.09(3), Fla. Stat., also authorizes the County to petition the court for enforcement of the
Order Imposing Fine /Lien and further provides for execution and levy to the same extent as a civil judgment; and
WHEREAS, foreclosure, execution and levy, or suits for money judgments, or are often not effective methods for
the recovery of code compliance liens; and
WHEREAS, Section 162.09(3), Fla. Stat., provides that an order imposing a fine, or a fine plus repair costs, shall
become a lien when recorded in the official records of the County and upon recordation shall become a lien running in
favor of the County; and
WHEREAS, the current procedure for a violator to have an imposed lien modified calls for the violator to submit
a written request to have the Board consider the lien matter at a Board meeting; and
WHEREAS, the Board finds this process places an undue consumption of time of other County resources during
the course. of a Board meeting and that the person or persons with the greatest knowledge of the history of the lien
material would be the violator, code staff and the Special Magistrate; and
WHEREAS, the Special Magistrate has the ability and the knowledge to assist the Board by hearing any requests
for a reduction in a County imposed lien and then making a recommendation to the Board as to whether such lien shall
be modified; and
Page 1
WHEREAS, the County is required to prepare and record a satisfaction or release of code compliance lien as well
as a satisfaction of judgment for civil code infractions in every instance where a lien or civil judgment has been paid;
and
WHEREAS, the County wishes to establish criteria for the compromise, settlement and satisfaction of code
compliance liens and has determined that the following additions to the Code of Ordinances is in the best interest of the
County; and
WHEREAS, the Board wishes to delegate its plenary authority regarding code liens and finds that the Special
Magistrate having the authority to hear and decide property owner requests for the reduction of any previously imposed
liens is in the best interest of the public.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. Sec 8 -30 Powers of the code compliance special magistrate, MCC, is hereby amended to read:
The code compliance special magistrate shall have the power to:
(1) Adopt rules for the conduct of hearings;
(2) Subpoena alleged violators and witnesses to hearings. Subpoenas are to be served by the sheriff or
others authorized to serve process;
(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; and
(6) Upon written request of a violator, to modify an existing lien amount.
Section 2. Sec. 8 -31 Administrative fines; liens, MCC is hereby amended to read:
(a) The code compliance special magistrate, upon notification by the director of the department of code that
an order of the board has not been complied with by the set time or upon fmding that a repeat violation has
been committed, may order the violator to pay a fine not to exceed $1,000.00 per day per violation for a
first violation, up to $5,000.00 per day per violation for a repeat violation, and up to $15,000 per violation
if the special magistrate finds the violation to be irreparable or irreversible in nature. In addition, if the
violation is a violation described in F.S. § 162.06(4), the special magistrate shall, through the director of
code compliance, notify the board of county commissioners, that may make all reasonable repairs that are
required to bring the property into compliance and charge the violator with the reasonable cost of repairs
along with the fine imposed pursuant to this section. Making such repairs does not create a continuing
obligation on the part of the board of county commissioners to make further repairs or to maintain the
property and does not create any liability against the board of county commissioners for any damages to
the property if such repairs were completed in good faith. If, after due notice and a hearing, a code
compliance special magistrate finds a violation to be irreparable or irreversible in nature, he may order the
violator to pay a fine as specified in this section and a hearing shall not be necessary for issuance of the
order.
(b) In determining the amount of the fine, if any, the code compliance special magistrate 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.
Page 2
(c) A certified copy of an order imposing lien or a fine, or a fine plus repairs costs, may be recorded in the
public records and thereafter shall constitute a lien against the land on which the violations exist and upon
any other real or personal property owned by the violator. Upon petition to the circuit court, such order
shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including levy
against the personal property of the violator, but shall not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to this section shall continue to accrue until the violator
comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this
section, whichever occur first. A lien arising from a fine imposed pursuant to this section runs in favor of
the board of county commissioners, and the board may execute a satisfaction or release entered pursuant to
this section. After three months from the filing of any such lien that remains unpaid, the code compliance
special magistrate may authorize the county attorney to foreclose on the lien or to sue to recover a money
judgment for the amount of the lien plus accrued interest.no lien created pursuant to the provisions of this
chapter may be foreclosed on real property that is a homestead under section 4, article X of the
State Constitution.
(d) The code compliance special magistrate shall have the discretionary authority to reduce fines and liens,
pursuant to Fla. Stat., chapter 162 as amended. A violator or entity requesting a release of lien has no right
to the reduction or release of a fine or lien. In evaluating requests for liens to be released or reduced, the
Special Magistrate will consider the following:
(1) Whether the entity requesting the release owns other properties in the County, and how many
have active code cases or code liens;
(2) Whether the entity requesting the release owned the property for which the lien was placed at
the time the lien was placed;
(3) Whether the entity requesting the release took proactive action to correct the violations for
which the lien was placed;
(4) Whether the violations have been corrected;
(5) Any other specific information which is available about the property or the entity requesting
the reduction or release;
(6) Any other factor which may show a hardship on the entity requesting the release or which may
provide a reasonable basis for the relief.
After considering the six enumerated factors, the special magistrate shall have the plenary power of the
Board expressly delegated to him to modify the existing lien or fines. Any appeal of the special
magistrate's finding shall be to the circuit court.
Section 3. Severability.
If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void,
such holding shall not affect the remaining portion of this ordinance. 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 4. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Page 3
Section 5. Inclus 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 to amendment thereto, and shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 6. Transmittal and Effective Date.
This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2)(b),
Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a meeting of
the Board held on the 15' day of July, A.D., 2015.
Mayor Danny L. Kolhage
Yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner David Rice
Yes
Commissioner Sylvia J. Murphy
Yes
BOARD OF COUNTY COMMISSIONERS
OF MO OE COUNT
By: T
DAN O HAGE, MAYOR
IIAONROE ` °'I!NT
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NOTICE OF INTENTION TO
CONSIDER
• ADOPTION OF COUNTY
ORDINANCE RECEIVED
NOTICE IS HEREBY GIVEN KEY®WEST
TO WHOM IT MAY CONCERN I7EN STATE OF FLORIDA JUL 292015
that on July 15,2015 at 3:00 COUNTY OF MONROE
P.M.,or as soon thereafter as 'PePer'Eat.1876
may be heard,in the ns, LLC MONROE COUNTY ATTORNEY
Commission Chambers
located in the Harvey Before the undersigned authority personally appeared Tommy Todd, who on
Government Center,1200
Truman Avenue, Key West, oath says that he is Advertising Director of the Key West Citizen, a daily
Monroe County,Florida,the Board of County 77 County,published in Key West, in Monroe Coun , Florida; that the
Commissioners of Monroe attached copy of advertisement, being a legal notice in the matter of
County, Florida, intends to 25
consider thCo my dn of the I^ 1 O n e O TA) 1 A.C)0 t
following County ordinance: Otl't ,v 1.. N TI_
AN ORDINANCE CREATING
SECTIONS 8-30(6)and 8- 0 iP) NCe_ C1140014L See, &_30 CO ci. 3 l (d)31(d),MONROE COUNTY
CODE;PROVIDING FOR THE
AUTHORITY OF THE
SPECIAL MAGISTRATE IN was published in said newspaper in the issue(s)of
CODE COMPLIANCE
MATTERS TO HEAR AND Z n 1 e_ 1 (7 O 1 '�
RULE UPON FINE AND LIEN V / v ( J •
REDUCTION REQUESTS;
PROVIDING FOR
SEVERABILITY;PROVIDING Affiant further says that the Key West Citizen is a newspaper published in
FOR THE ORDINANCESN O ALL KeyWest, in said Monroe County, Florida and that the said newspaper has
tY�
INCONSISTENT HEREWITH; heretofore been continuously published in said Monroe County, Florida every
PROVIDING FOR
INCORPORATION INTO THE day, and has been entered as second-class m. 1 matter at the post office in Key
MONROE COUNTY CODE;AND PROVIDING AN s West, in said Monroe County, Florida, or a p,riod of -: next preceding
EFFECTIVE DATE FOR the first publication of the attached copy of adv;rt.isement; an• affiant further
ORDINANCE. says that he has neither paid nor,promised any .;rson, firm or ci rporation any
Pursuant to Section 286.0105, discount, rebate, commission or refund •r e purpose of securing this
Florida Statutes,notice is given
that if a person decides to advertisement for publication n the said t wsp.per.
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 r` �'
proceedings,and that,for such - .� • Affiant
purpose, he may need to
ensure that a verbatim record of
the proceedings is made,which
record includes the testimony Sworn and subscribed before me this I / dayof ' LI
and evidence upon which the CJ /�
appeal is to be based.
ADA ASSISTANCE: If you are a m
person with a disability who Notary Public: �� +s DAWN KAWZINSKY
needs special accommodations <� . NOTARY PUBLIC
in order to participate in this ` '=STATE OF FLORIDA proceeding,please contact the W1 Comm#EE157233
byCophon phoning(305)292 44unty Administrator's 4 ice, ')\ s�N ►g10. Expires 1/4/2016
between the hours of 8:30 a.m.
-5:00 p.m., no later than five(5)
calendar days prior to the Dawn Kawzinsky
scheduled meeting; if you are
hearing or voice impaired,call Expires: 1/4/16 Notary Seal
"711".
Dated at Key West,Florida,this
12th day of June,2015. PersonallyKnown x Produced Identification
AMY HEAVILIN,Clerk of the
Circuit Court Type of Identification Produced
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
June 17,2015
Key West Citizen
Ad#1791390
FLORIDA KEYS
NOTICE OF INTENTION TO
KEYNOTER COUNTYCONSIDER OF
RECEIVED
Published Twice Weekly
NOTICE IS GIVMarathon, Monroe County, Florida TO WHOM ITMAYBY CON EN JUL 3 2015
CERN that on July 15,2015 at
3:00 P.M.,or as soon there- MONROE COUNTY ATTORNEY
PROOF OF PUBLICATION after as may be heard,in the
Commission Chambers lo-
cated in the Harvey Govern-
STATE OF FLORIDA ment Center,1200 Truman
Avenue,Key West,Monroe
COUNTY OF MONROE County,Florida, the Board of
CBefore the undersigned authority personally Monroe County,
Commissioners of
Monroe County, Florida,in-
appeared RICHARD TAMBORRINO who on tends to consider the adoption
oath, says that he is PUBLISHER of the of the following County ordi-
FLORIDA KEYS KEYNOTER, a twice weekly nance:
newspaper published in Marathon, in Monroe AN ORDINANCE CREATING
County, Florida: that the attached copy of SECTIONS 8-30(6)and 8-
advertisement was published in said 31(d),MONROE COUNTY
R THE
newspaper in the issues of: (dates of CODE;UTHAUTHPROORITY
OF
FSPE-
( � AUTHORITY OF THE SPE-
publication) CIAL MAGISTRATE IN CODE
/1 (//tA'''
�� �O/� COMPLIANCE MATTERS TO
HEAR AND RULE UPON
FINE AND LIEN REDUCTION
REQUESTS; PROVIDING
FOR SEVERABILITY; PRO-
VIDING FOR THE REPEAL
OF ALL ORDINANCES IN-
Affiant further says that the said FLORIDA CONSISTENT HEREWITH;
PROVIDING FOR INCORPO-
KEYS KEYNOTER is a newspaper published at RATION INTO THE MONROE
Marathon, in said Monroe County, Florida, and COUNTY CODE;AND PRO-
that the said newspaper has heretofore been SIDING AN EFFECTIVE
DATE FOR ORDINANCE.
continuously published in said Monroe County,
Florida, twice each week (on Wednesday and Pursuant to Section 286.0105,
Saturday) and has been entered as a second Florida Statutes,notice is giv-
class mail matter at the post office in en that a per n es to
appeal any decision made by
Marathon, in Monroe County, Florida, for a the Board with respect to any
period of one year next preceding the first matter considered at such
publication of the attached copy of nee meetings, oh will
needd a a r recc meetings,
of the proceed-
advertisement. The affiant further says that ings,and that,for such pur- ,
he has neither paid nor promised any person, pose,he may need to ensure
firm, or corporation any discount, rebate, that a verbatim record of the
commission or refund for the purpose of proceedings is made,which
record includes the testimony
securing this advertisement for publication in and evidence upon which the
the said newspaper(s) and that The Florida appeal is to be based.
Keys Keynoter is in full compliance with
ADChapter 50 of the Florida State Statutes on are ASSISTANCE:rsonwith
aiyou
are a person with a disability
Legal a ffici Advertisements. who needs special accom-
/
pate inons in order to partici-
pate this proceeding,
please contact the County
/7 Administrator's Office,by
Richard Ta borrino Publish r phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
-5:00 p.m.,no later than five
Sworn to and subscribed before me this (5)calendar days prior to the
scheduled meeting; if you
are hearing or voice
Day of , 2015 impaired,call"711".
Dated Key West,Florida,
this at day of June,2015.
/r/L� at AMY HEAVILIN,Clerk of the
otary Circuit Court and ex officio
(SEAL) Clerk of the Board of County
Commissioners of Monroe
County, Florida
4
'"•r`y'' BEVERLYTRAEGER Published June 17,2015
Florida Kes Kenoter`
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Ad#1791392
NOTICE OF INTENTION TO
THE REPORTER CONSIDER ORDINANCE
N OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
Published Weekly CERN that on July 15,2015 at
3:00 P.M.,or as soon there-
Tavernier, Monroe County, Florida after as may be heard,in the
Commission Chambers lo-
cated in the Harvey Govern- RECEIVED
PROOF OF PUBLICATION ment Center,1200 Truman
Avenue,Key West,Monroe
County,Florida, the Board of JUL 312015
STATE OF FLORIDA County Commissioners of
Monroe County, Florida,in-
COUNTY OF MONROE tends to consider the adoption MONROE COUNTY ATTORNEY
Before the undersigned authority personally of the following County ordi-
appeared RICHARD TAMBORRINO who on Hance:
oath, says that he is PUBLISHER of THE AN ORDINANCE CREATING
REPORTER, a weekly newspaper published in SECTIONS 8-30(6)and 8-
31(d),MONROE COUNTY
Tavernier, in Monroe County, Florida: that the CODE;PROVIDING FOR THE
attached copy of advertisement was published in AUTHORITY OF THE SPE-
said newspaper in the issues of: (date(s) of CIAL MAGISTRATE IN CODE
COMPLIANCE MATTERS TO
publication) HEAR AND RULE UPON
‘OZe //j �O/� AND LIENPREDUCTIONOIDING
77 REQUESTS;PROVIDING
FOR SEVERABILITY; PRO-
VIDING FOR THE REPEAL
OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;
PROVIDING FOR INCORPO-
RATION INTO THE MONROE
Affiant further says that the said THE COUNTY CODE;AND PRO-
REPORTER is a newspaper published at VIDING AN EFFECTIVE
Tavernier, in said Monroe County, Florida, and DATE FOR ORDINANCE.
that the said newspaper has heretofore been Pursuant to Section 286.0105,
continuously published in said Monroe County, Florida Statutes,notice is giv-
Florida, each week (on Friday) and has been en that if a person decides to
appeal any decision made by
entered as a second class mail matter at the the Board with respect to any
post office in Tavernier, in Monroe County, matter considered at such
Florida, for a period of one year next preceding hearings or meetings,he will
need a record of the proceed-
the first publication of the attached copy of ings,and that,for such pur-
advertisement. The affiant further says that he pose,he may need to ensure
has neither paid nor promised any person, firm, that a verbatim record of the
proor corporation anydiscount, rebate, commission record includesc is made,whichm
P record the testimony
or refund for the purpose of securing this and evidence upon which the
advertisement for publication in the said appeal is to be based.
newspaper(s) and that The THE REPORTER is ADA ASSISTANCE: If you
in full compliance with Chapter 50 of the Florida are a person with a disability
State Statutes on Legal and Official who needs special accom-
modations in order to partici-
Advertls?in ts. pate in this proceeding,
/& 4z1
please contact the County
Administrator's Office,by
phoning(305)292-4441,be-
tween the hours of 8:30 a.m.
Richard Tam vorrino, Publisher
-5:00 p.m.,no later than five
(5)calendar days prior to the
scheduled meeting; if you
Sworn to and subscribed before me this are hearing or voice
impaired,call"711".
0??
Day of Lip , 2015 Dated at Key West,Florida,
this 12th day of June,2015.
AMY HEAVILIN,Clerk of the
Circuit Court and ex officio
Clerk of the Board of County
otary Commissioners of Monroe
County,Florida
(SEAL)
Published June 19,2015
The Reporter
71y'• BEVERLYTRAEGER Tavernier,FL 33070
MY COMMISSION#FF 108704
;:o EXPIRES:April 18,2018
l ?o,,F;9P0 Bonded Thru Notary Public Underwriters
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FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
August 5, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 016 -2015, which was filed in this office on August 5,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
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