Ordinance 018-1985Jerry Aspinwall
Building Director
ORDINANCE NO. 018-1985
AN ORDINANCE OF THE COUNTY OF MONROE, FLO-
RIDA, PROVIDING THAT THE CODE OF ORDINANCES,
OF COUNTY OF MONROE, FLORIDA, BE AMENDED BY
REVISING SECTION 5-3(a), (b) AND (d),
5-4(c)(6), 5-5(a), (f) AND (i.), 5-8(a),
(c)(1) AND (c)(2), 5-23(a) AND (b)(2), 5-24,
5-26(a), (b), (c), AND (d), 5-27 AND 5-28(b)
OF SAID CODE; PROVIDING THAT THE TERM "BUILD-
ING OFFICIAL" BE USED IN PLACE OF THE TERM
"VEHICLE AND MAINTENANCE SUPERVISOR"; PROVID-
ING FOR SEVERABILITY; REPEALING ALL ORDI-
NANCES OR PARTS OF ORDINANCES IN CONFLICT
WITH THIS ORDINANCE TO THE EXTENT OF ANY SUCH
CONFLICT; PROVIDING FOR INCLUSION IN THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVID-
ING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
That subsection (a), (b) and (d) of Section 5-3
of the Code of Ordinances of the County of Monroe, Florida be
amended so that such subsections shall read as follows:
"(a) Quantity limited. The building
official may limit the quantity of explosives
or blasting agents, or both, to be permitted
at any site, in accordance with the American
Table of Distances.
"(b) Stolen or missing explosives, report-
ing. In the event that any explosive is
stolen, misplaced, or lost, such occurrence
shall be reported immediately to the building
official. The area in which the incident
occurs shall be secured until investigation
has been made and the scene released by
proper authority.
"(d) Inventory reporting. Every user
having any explosive in his possession,
dominion or control shall file with the
building official on the fifteenth day of
each and every month, a schedule or inventory
accurately setting forth the quantity and
description of such explosives on a form
prescribed by the building official."
Section 2. That subsection (c)(6) of Section 5-4 of the
Code of Ordinances of the County of Monroe, Florida, be amended
so that such subsection shall read as follows:
"(c)(6) When an explosive has deteriorated
to an extent that it is in an unstable or
dangerous condition, or if nitroglycerin
leaks from any explosive, then the person in
possession of such explosive shall immediate-
ly report the fact to the building official
and upon his authorization shall proceed to
destroy such explosives and magazines in
accordance with the instruction of the
manufacturer. Only experienced persons shall
do the work of destroying explosives."
Section 3. That subsections (a), (f) and (i) of Section 5-5
of the Code of Ordinances of the County of Monroe, Florida, be
amended so that such subsections shall read as follows:
"(a) Blasting operations shall be conducted
during the hours of 8:00 a.m, and 5:00 p.m.
except that the building official may extend
the blasting time to all daylight hours for
sites remote from residential development.
Blasting shall not be done on Sundays or
legal holidays except in emergencies involv-
ing the health, safety and welfare of the
public."
"(f) Whenever blasting is being conducted
in the vicinity of gas, electric, water, fire
alarm, telephone, telegraph, or steam util-
ities, the blaster shall notify the appropri-
ate representatives of such utilities at
least twenty-four (24) hours in advance of
blasting, specifying the location and intend-
ed time of such blasting. Verbal notice
shall be confirmed with written notice. In
an emergency this time limit may be waived by
the building official."
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"(i) Nonelectric blasting caps will not be
approved for use unless specifically approved
for job site by the building official."
Section 4. That subsections (a), (c)(1) and (c)(2) of
Section 5-8 of the Code of Ordinances of the County of Monroe,
Florida be amended so that such subsections shall read as fol-
lows:
"(a) All users of explosives shall keep
daily records for a period of three years of
all blasting performed on forms prescribed by
the building official which shall be made
available at reasonable times and hours at a
location approved by the building official
for inspection by him or his deputies and
signed copies of such records shall be
furnished to the building official on a
weekly basis."
"(c)(1) Records of instrument readings
taken as required by section 5-26(c) and (d)
shall be analyzed by an independent recog-
nized seismologist or vibration engineer and
shall be reported by him to the building
official with full and complete details
monthly or upon demand."
"(c)(2) All original records will be the
property of the blasting company with a copy
certified by a seismologist or vibration
engineer furnished to the building official."
Section 5. The subsections (a) and (b)(2) of Section 5-23
of the Code of Ordinances of the County of Monroe, Florida, be
amended so that such subsections shall read as follows:
"(a) All applications for user and blaster
permits required under this article shall be
filed with the building official and shall
set forth in detail the purpose for which the
permit is sought in relation to explosives,
3
the full name and address of the applicant,
his physical description, his fingerprints,
and shall be accompanied by an accurate
photograph of the applicant. Such applica-
tion shall be signed and sworn to by the
applicant. The building official shall
prescribe the form of applications and
furnish such application forms to applicants
upon request. No. permit shall be issued to
any person under the age of eighteen (18)
years, or who is addicted to the excessive
use of alcohol, narcotics, drugs, stimulants,
or depressants, or who is mentally incompe-
tent, or who is a member of any subversive
organization, or who has been convicted of a
felony. Permits shall be issued only to
persons of good moral character. The burden
shall rest upon the applicant to establish
his qualifications for a permit. The appli-
cant shall be deemed competent and familiar
if he holds a user's permit and blaster's
permit from the state. The applicant must
furnish proof that he has insurance in the
amount of one hundred thousand dollars
($100,000.00) and three hundred thousand
dollars ($300,000.00) to take care of any
damage which might be caused by his blasting
activities. The permit issued hereunder
shall show the purpose for which it is issued
and the period for which it is issued and the
period of time for which it is valid."
"(b)(2) The filing of an application on a
form prescribed by the building official
signed and sworn to by the applicant showing
the applicant's name, address, that he holds
a valid state permit, the location or
4
locations where the blasting is to be per-
formed, that blasting at such location is
authorized or permitted pursuant to county or
municipal zoning regulations, and the dis-
tance between the location of the proposed
blasting and any improved property."
Section 6. That Section 5-24 of the Code of Ordinances of
the County of Monroe, Florida, be amended so that such section
shall read as follows:
"Sec. 5-24. Building official to issue.
The building official is hereby authorized
to issue user permits and blaster permits
only to persons who hold similar permits
required by Florida law and who meet the
requirements of this chapter, and who have
approval for the issuance of such permit by
the building official."
Section 7. That subsections (a), (b), (c), and (d) of
Section 5-26 of the Code of Ordinances of the County of Monroe,
Florida, be amended so that such subsections shall read as
follows:
"(a) The building official shall impose in
each blasting permit issued by the building
official pursuant to this chapter such
limitations and conditions as to:
(1) Days and hours when blasting may be
performed.
(2) The period of time for which it is
valid.
(3) The amount and type of explosive which
may be employed at any one time, whether
fired or detonated instantaneously as a
single charge or by a delay series charge, as
may be deemed by him reasonable under the
conditions existing in the locale for which
the permit is issued. The building official
5
may conduct a series of tests witnessed by
neighborhood property owners to determine
acceptable limits of vibration."
"(b) In determining and imposing such
reasonable conditions and limitations, the
building official shall be governed by
preventing damage to property, preventing
personal injury or loss of life, protecting
the public health, welfare and safety and the
reduction of nuisance."
"(c) The building official is authorized,
from time to time, to change, amend or modify
the imposed conditions and limitations in
order to meet the purpose for which they were
imposed if changing conditions or circum-
stances so dictate after first considering
the guides above enumerated and it is intend-
ed here that the building official may impose
more restrictive conditions and limitations
if circumstances and conditions in the area
concerned so warrant or prove to be necessary
in order to carry out the purpose for which
the conditions and limitations were imposed
and in like manner if such conditions and
limitations are found by the building offi-
cial to be too restrictive, he may modify
them accordingly within the bounds of the
purposes for which they were imposed; provid-
ed, however, the imposed limitations and
conditions as to the amount of explosives
permitted in any permit shall not be in-
creased by the building official until and
unless the permittee shall first demonstrate
to the building official by due, recognized
and proper proof that the desired increase
would not in any event provoke or result in a
3
vector sum particle velocity in excess of one
(1.0) inch per second or a vector sum ampli-
tude in excess of thirty hundredths (0.30)
inch prescribed by section 5-7, and the
building official will require, in order to
protect the public health, welfare or safety,
the permittee to submit a recognized instru-
ment test for any blasting operations to
ascertain that the above -described limits are
not exceeded at the nearest building or
structure and it is the intent of this
chapter to permit the use of an amount of
explosive which will result in vibrations up
to but not including the above -described
limits."
"(d) The blaster shall provide, at his
cost, a continuous monitoring seismic instru-
ment at each site. Such instrument may be
removed from a site, after written notice has
been given to the building official, when the
blasting at that site has been completed or
indefinitely suspended."
Section 8. That Section 5-27 of the Code of Ordinances of
the County of Monroe, Florida, be amended so that such section
shall read as follows:
"Sec. 5-27. Appeals from refusal to issue
and from revocation; public hearing; waiver
of prior conviction.
Any person who is denied or refused a
permit under this article or whose permit has
been revoked by the building official may
appeal to the board of county commissioners
by filing a written petition of review
setting forth the reasons why his application
for a permit should have been granted,
provided, however, that the board of county
7
commissioners shall have no jurisdiction to
entertain any such appeal unless a written
petition or request for review is filed with
the clerk of the board of county commission-
ers within thirty (30) days after the date
upon which the applicant receives notice that
his application for permit has been denied,
refused or revoked. When an appeal has been
filed, the board of county commissioners
shall conduct a public hearing to determine
whether the applicant qualifies for a permit.
The board of county commissioners shall not
grant a permit unless it finds and determines
that the applicant is qualified under the
provisions of section 5-23. The prohibition
against issuance of a permit to any person
who has been convicted of a felony may be
waived by the board of county commissioners
provided that such conviction occurred more
than ten (10) years prior to the date of
filing the application, and that the appli-
cant has rehabilitated himself completely."
Section 9. That subsection (b) of Section 5-28 of the Code
of Ordinances of the County of Monroe, Florida be amended so that
such subsection shall read as follows:
"(b) In addition to any other penalty, any
person who violates the provisions of this
chapter or the conditions and limitations
imposed in a permit shall be deemed to have
violated this chapter and the permit may be
revoked by the building official; provided an
appeal may be filed pursuant to Section
5-27."
Section 10. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 11.
All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
any such conflict.
Section 12. 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 13. This ordinance shall take effect upon receipt
of official notice from the Office of the Secretary of State of
the State of Florida that this Ordinance has been filed with said
Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 24th day of May
(SEAL)
At t e s t : DANNY L, KOL1iAGL, Clerk
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ADOPTED:
, A.D. 1985.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MMX1j rive
FILED WITH SECRETARY OF STATE: 'xi, ---
EFFECTIVE DATE:
' D AS TO FORM
PLEAAL SUFFicla
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Attorne)es Office
9
Mannp 1. Ralbage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY 16TH JUDICIAL CIRCUIT P.O. BOX 379
MARATHON, FLORIDA 33050 MONROE COUNTY PLANTATION KEY, FLORIDA 33070
TEL. (305) 743-9036 500 WHITEHEAD STREET TEL. (305) 852-9253
KEY WEST, FLORIDA 33040
RECORDER TEL. (305) 294-4641
COLLECTOR OF DELINQUENT TAXES
May 31, 1985
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau,of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
COUNTY CLERK
COUNTY AUDITOR
The Board of County Commissioners at a regular meeting in formal
session on May 24, 1985 adopted Ordinance No. 018-1985.
Enclosed please find a certified copy of this Ordinance.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
b y :fir x.
Deputy Cler r
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Enclosure
cc: Municipal Code Corp.
County Attorney
Building Department
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P '033 787- 964
RECEIPT FOR CERTIFIED MAIL
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NOT FOR INTERNATIONAL MAIL
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r� SENDER: Complete items 1, 2,3 and 4.
I Put your address in the "RETURN TO" space of
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�. you the name of the person delivered to and the date of
delivery. For additional fees the following services are
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for servicels) requested.
1. ❑ Show to whom, date and address of delivery.
2. ❑ Restricted Delivery.
3. Article Addressed to:
Liz Cloud, Chief
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Department of State
Tallahassee, Florida 32301
4. Type of Service: Article Number
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FLORIDA DEPARTMENT OFSFATE
George Firestone
Secretary of State
June 6, 1985
Honorable Danny L. Kolhage
Clerk of Circuit Court --
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Simmons, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of May 31, 1985
and certified copy/ies of Monroe County
LC/ mb
2.
Receipt of
relative to:
(a)
(b)
which we have numbered
which we have numbered
County Ordinance/s
3. We have filed this/t s:e Ordinance(s) in this office
on June 6,
1985.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
9 0 az�
YA4
(Mrs.) 1z Cloud, Chief
Bureau of Administrative Code
FLORIDA-State-of the Arts
ACSNOWUWGRUM
DAT . June 7, 1985
TO: Monroe County, Florida
(Supplement No. 23)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance No. 018-1985
Thank you for your assistance and cooperation.
dbfoi"
•
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Robert L. Laslie
Vice President - Supplements
Municipal Code Corporation