Ordinance 006-1983ORDINANCE NO. 006-1982
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, BE AMENDED BY REVISING SECTION 19-
77 (c) OF SAID CODE; PROVIDING TIME LIMIT FOR
FILING APPEAL FROM RENDITION OF THE NOTICE TO
APPEAL; PROVIDING FOR ALL PROCEEDINGS BEFORE
ANY APPOINTED BOARD RELATING TO ZONING OR THIS
CHAPTER OF THE CODE BE REPORTED BY AN OFFICIAL
REPORTER AND THE RECORDING OF SAID PROCEEDINGS
BY AN ELECTRONIC DEVICE; PROVIDING THAT THE
COST OF THE APPEAL AND FURNISHING OF THE RECORD
AND APPROPRIATE EXHIBITS TO THE ZONING DIRECTOR
SHALL BE BORNE BY THE APPELLANT; PROVIDING FOR
SEVERABILITY; PROVIDING THAT ALL ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED
TO THE EXTENT OF SAID CONFLICT; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1.
That Section 19-77(c) entitled "Appeals" of Article
V entitled "Amendments and Appeals" of Chapter 19 entitled "Zoning"
of the Code of Ordinances of the County of Monroe, be amended so
that such section shall read as follows:
"(c) An appeal shall be commenced by filing a Notice
of Appeal, specifying the grounds thereof, together
with the required fee, with the zoning official. Upon
receipt of a Notice of Appeal, the Board of County
Commissioners shall set the date, time, and place of the
public hearing and shall give public notice as well as
written notice to all interested parties.
(1) The appellant shall immediately notify
the official reporter, in writing, to
transcribe those portions of the proceedings
being appealed deemed necessary by the Appellant.
Any such transcript shall be prepared at the
expense of the appellant, and shall be filed
with the zoning official no later than thirty
(30) days following the filing of the Notice
of Appeal, with a copy being furnished to the
Appellee.
(2) Within thirty (30) days of the filing of
a Notice of Appeal, the zoning official shall
file with the Board of County Commissioners,
the record of the proceedings before the
Board being appealed from, including all
plans, reports, photographs, documents and
other exhibits filed in that proceeding,
together with the transcript of the
proceeding, if a transcript shall have
been filed by the appellant. Upon request,
the zoning official shall make copies of
all documents which are part of the record,
with the exception of the transcript,
available to either party for the cost of
such reproduction.
(3) All proceedings before the Zoning Board
and the Board of Adjustment shall be reported
by an official reporter employed by the zoning
official. In addition, the zoning official
shall make an electronic record of all proceedings
before the said Boards, which recording may also
be utilized in producing a transcript of the
proceedings, at the discretion of the zoning
official. All such electronic records shall be
preserved for a period of not less than five (5)
years from the date of the recording.
(4) All of the costs of an appeal, including a
copy of the transcript of the proceedings and
all exhibits for the appellee, shall be the
responsibility of the appellant. Upon the hearing
of the appeal, the Board of County Commissioners
may assess all or any part of these costs against
either party."
Section 2. 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 3. All ordinances or parts of ordinances in conflict
with this Ordinance are hereby repealed to the extent of said conflict.
Section 4. 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 S.
This Ordinance shall take effect immediately
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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
ayor hairman
(SEAL)
Attest:
Clerk
ADOPTED: (Awl\ l$, ielo
FILED WITH SECRETARY OF STATE: f QepbL L.11&3
EFFECTIVE DATE:
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
March 4, 1983, at 10:00 A.M. at the Plantation Key Governmental
Center, Plantation Key, Monroe County, Florida, and on Friday,
March 18, 1983, at 10:00 A.M. at the Marathon Sub -Courthouse,
Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of
the following County Ordinance:
ORDINANCE NO.001 -1982
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, BE AMENDED BY REVISING SECTION 19-
77 (c) OF SAID CODE; PROVIDING TIME LIMIT FOR
FILING APPEAL FROM RENDITION OF THE NOTICE TO
APPEAL; PROVIDING FOR ALL PROCEEDINGS BEFORE
ANY APPOINTED BOARD RELATING TO ZONING OR THIS
CHAPTER OF THE CODE BE REPORTED BY AN OFFICIAL
REPORTER AND THE RECORDING OF SAID PROCEEDINGS
BY AN ELECTRONIC DEVICE; PROVIDING THAT THE
COST OF THE APPEAL AND FURNISHING OF THE RECORD
AND APPROPRIATE EXHIBITS TO THE ZONING DIRECTOR
SHALL BE BORNE BY THE APPELLANT; PROVIDING FOR
SEVERABILITY; PROVIDING THAT ALL ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED
TO THE EXTENT OF SAID CONFLICT; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 27th day of January, A.D. 1983.
(SEAL)
IN
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida,
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared W. B. WOLFF
who on oath, says that he is EDITOR R p181 ISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a
LEGAL NOTICE
IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER
in the Court, wa�_pu1l�UJbl11j,shec�� n said
newspaper in the issues of // �Zjj
Affiant further says that the said REPORTER is i — NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
newspaper published at Tavernier, in said Monroe County,'
Florida, and that the said newspaper has heretofore bee;NOTICE IS HEREBY GIVEN%XO WHOM IT MAY CONCERN that on Friday,,
' March 4, 1983, at 10:00 A.M. at the Plantation -Key Governmental Center,
Plantation Key, Monroe County, Florida, and on Friday, March 18,1993, at 10:00
continuously published in the said Monroe County, Florii•-'A.M. at the Marathon Sub -Courthouse, Marathon, Monroe County, Florida, the
Board of County Commissioners of Monroe County, Florida, intends to consider
each week (on Thursday), and has been entered as second; the adoption of the following CountyOfdinance:
class mail matter at the Post Office in Tavernier, in si ORDINANCE NO. 1982
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, PROVIDING
County of Monroe, Florida, for a period of one year nex-( BIECODE
OFRDINAES, COUNTY
FMONROE,
BE AMENDED
YREVEOETIME
preceding the first publication of the attached Copy Of ; FOR FILING. APPEAL FROM RENDITION OF THE NOTICE TO APPEAL;
PROVIDING FOR ALL PROCEEDINGS BEFORE -ANY APPOINTED BOARD.
RTED
advertisement; and affiant further says that he has neii "BY AN OFFICIALLATING ZONINREPORTER G OR THIS HAND THE R OF RECORDINGCODE BY ROF SAID
aid nor promised an firm person, or corporation an PROCEEDINGS BY AN ELECTRONIC DEVICE; PROVIDING THAT THE
p P Y , P P y COST OF THE APPEAL AND FURNISHING OF THE RECORD AND
APPROXIATE EXHIBITS TO THE ZONING DIRECTOR SHALL BETORNE .
discount, rebate, commission or refund for the purpose ( BY THE APPELLANT; PROVIDING FOR SEVERABILITY; PROVIDING ,
THAT ALL ORDINANCES IN CONFLICT WITH THIS• ORDINANCE ARE
securing this said advertisement.for publication in the HEREBY REPEALED TO THE EXTENT OF SAID CONFLICT; PROVIDING
FOR INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES; AND
Said newspaper. PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 27th'day of January, A.D.1983.
RALPH.W. WHITE
� Clerk of the Circuit Court
SEAL r ' of Monroe County, Florida,
- and ex officio Clerk of the
'///�� pn j Board of County Commissioners
SWORN TO AND S SCRIBED BEFORE ME THIS / IKII 1. of Monroe County, Florida
PubDAY O F F EBRUARY A.D. , 19 83 /// The Reporter
0 & 2/17I83 •
The Re otter
Tavernier, FL 33070
OT IipA.Fo'_C-;�C- '�iE Z?F, FLO„DA:
MY COMMISSION EXPIRES:n%Ili�l _: -i
0 d(6-110
PROOF OF PUBLIC�
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared
Judith E. Proulx
, who on oath, says
that he is Office Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy 'of advertisement, being a Notice of I n t e n t i o n t o Consider
Adoption of County Ordinance
IN THE MATTER OF Revise Section 19-77 (c) in the
Court, was published in said
newspaper in the issues of February 1 0 , 1 7 , 1983
-
.
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
" }CoutvTYyrairvTv
NOTICE IS HEREBY'-
IT MAY COC
TO WHOM
thon, in said Monroe Count Florida,-and-tlfat the said newspaper has heretofore been continuously
Y,Y
that :0 :PPA.M; at;,the Pie
at t0 00 Pie
'
ove menta
Key �- Governmental
Plantation:Key,.Monroe i
published in said Monroe County, Florida, each week on Thursday)and has been entered as second
Florida 'and on Friday,
le 1903, at .10!00 A.M.
arathon. _•-:- Sub-Cour
Marathon', -,Monroe I
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one
Floridaa� the.,Board of
Commissioners -,of' _ ,
CounLty, Florida, Intends
ounty Ordinancethe
year next preceding the first publication of the attached copy of advertisement; and affiant further
ing
RDINANCE. NO. -1
An Cc
says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, com-
Ordin nce of ,the
Mnr ooe^ :io�ida, proytd,
mission or refund for the purpose of securing this advertisement for publication in the said newspaper.
l., „,
Code', Providingst rimellim
-
-
films appeal -from renditi
the Notice to. ApPpeal. pro,
t7�ill proceedings 6efor,
'
Ifor
a olnted board.. relator
7�oninfl or this Chapter c
Code -be reported by.an. o
- -
reBorter and . the :retordi
said an
Proceedings. .bYY':
Ppeal .ani fue
Ioonofdlhe
extiibItstootrhe ZoninflPC
r shall be borne.bv the: P
- -
lant• providing for-seveia
.SWORN --TO AND SUBSCRIBED BEFORE ME THIS
provictng chat all rdina c
cohfllcIng with I -al Ord inane
her ext
- -
,by,repealed,to:the
sailfc
udssiono -conflict; 'providing
C
on Ordinances;.eand
DAY OF A.D. 19
f�tdln
Wesf
_
DATE at Kev _FIB
'January;.
th da-�t
�1983
/ Ai L K c
!f :
^" RALPH W W
EXPIRES SEPT 28 1984
Clerk of the Circuit
of Monro County F
MY COMMISSION
UNDERWRITER
AONDEDUN
IHRU GENERAL INS ,
Board and ex 6 ticio C1ert<
of County' Comml'
_
i of Monroe County, F
i
®o'6-10 3
PROOF OF PUBLICATION
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
1V
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersigned authority personally appeared ..............
13OBBY ADRIAAN
............................. who on oath says that y.! .............
Advertising Manager
..............................of The Key West
daily newspaper published at Key [lest in tvI' , that
tea.
the attached copy of advertisement, beings p.hoN,oF
COUNTY ORDINANCE F 1,
NOTICE IS HEREBY.
GIVEN TO WHOM IT MAY
CONCERN that on Friday„
March 4, 1983, at 10:00 p.m. at
the Plantation Key Gover-
in the matter of nmental Center, Plantation;
Key, Monroe County;:
Florida, and on Friday„
March 18, 1983, at 10:00'a.m.
at the. Marathon Sub-,
' courthouse, Marathon,
l U ry�^y Monroe county, Florida, the
Board of CountyCom-
missionersMonroe
a, Monroe
/ I consider
Florida, intends to
consider the adoption of the'
following County Ordinance:
ORDINANCE
An ordinance of the County'
of Monroe, Florida, providing
I that the Code of Ordinances,'
County of Monroe, be
amended by revising Section,
1'19-77 (c) of said code;
was published in said newspaper in the issues' providing time limit for filing,
appeal from rendition of the
I notice to appeal; providing'
/ 7 for all proceedings before
/y any a_ppoinTedboard relTlNGI
TO ZONING OR THIS',
CHAPTER REPORTED BY DE
BEAN'
Affiant furt er says that the said The K� OFFICIAL REPORTER, a
ANDnewspaper published at Key West, in said Aionrl SAIDTHE PROCEEDINGS BRECORDINGov, and
that the said newspaper has heretofore been C0 AN ELECTRONIC DEVICE:
PROVIDING THAT THE
in said Monroe County, Florida, each day excel l A
AND FURNISHING OF THE "`
been entered as second Class mail matter at tl, RECORD AND AP-'�y
PROPRIATE EXHIBITS TO
West, in said Monroe County, Florida, for a p THE Zoning Directorshall,be ,Tart
borne by. The appellant;!"
preceeding the first publication of the attac=i providing for severabilit ;'eie_
providing That all ordinances
went; and affiant, further says that he has n.el in conflict with this ordinance'! is Ed
1
any person, firm Or corporation any discount are hereby repealed to the!
, ext,en1. of said conflict; !, or
providing for inclusion in the
refund for the purpose of securing this advert i Monroe County Code of ation
Ordinances; and providing
in the said newspaper, an effective date.
DATD at Key West, Florid,
this 27th day of January, A.D.',/2)
.i- 1983.
RALPH W. WHITE t,
! . ,LRS Clerk of the Circuit Court,
H01 R� YO,NiJIti lv,� c .r .... oafndexoffinroe � oClerkofihe;
MY C �K Board of County Com
(SEAL) a0taDc� missioners
of Monroe County, Florida)
Feb. 10, 17, 1983
Sworn ,to and subscribed before me this.... .....cam: .........
day of .: y JrGO A.D. 19
.......... ... .. . F..'.cs . .....
y0i'm PUBIIC_ S� r�IF U
rL�ii:1 DA Af Lp,kGl
MY COPAMISSION Li:PiRES DULY 1UNDLR1NRIiLRS
80r�DEll i;-iKu l�t'•at�iA� rNS _
OF THE ST'�T
W F
J � >
a•
'h OOD W 8 tPV4
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
April 11, 1983
Honorable Ralph W. White
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Vicki L. Garcia
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
NK/
1. Receipt of your letter/s of April 6
and certified copy/ies of Monroe
County Ordinance/s No./s 83-5, 83-6 and 83-7
2. Receipt of County Ordinance/s
relative to:
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these Ordinance/s in this office
on April 11, 1983.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
yCordially,
(Mrs Nancy Kavanaugh
Chief, Bureau of Laws
FLORIDA-State of the Arts