Ordinance 040-2001
Commissioner Dixie Spehar
ORDINANCE NO 040 - 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-32, MONROE
COUNTY CODE, CLARIFYING THE APPUCATION OF THE FOUR YEAR
STATUTE OF LIMITATIONS; 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 Board of County Commissioners of Monroe County did, on July 19,
2001, pass Ordinance No, 029-2001, thereby establishing Sec, 6-32, of the Monroe
County Code; and
WHEREAS, said ordinance omitted operative language with respect to the
applicability of the four year statute of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 95,ll(3)(a)
when it should have been Section 95,11(3)( c) or (p); and
WHEREAS, the BOCC declined to seek further judicial review of the opinion of the
16th Judicial Circuit of Florida as it relates to code enforcement prosecution beyond the
four (4) year statute of limitation; and
WHEREAS, the BOCC of Monroe County has determined that it is necessary to
revise Ordinance No, 029-2001 to disallow building permit issuance only to uses and
improvements that may be successfully prosecuted by Monroe County Code
Enforcement,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. Sec, 6-32, MCC, is hereby amended to read:
Sec. 6-32, Unlawful uses and improvements,
As used herein, an "unlawful use or improvement" is any use or
improvement, existing on the effective date of this Ordinance, which is
capable of Monroe County Code Enforcement prosecution, Except for
building permits that are limited exclusively to addressing imminent risks to
property and public health and safety, no building permit shall be issued for
any use of improvement involving all or any portion of a parcel (as defined
in section 9,5-4 (P-1), Monroe County Code) which contains an unlawful use
or improvement until the parcel is brought into compliance with the
provisions of Chapter 9,5, Monroe County Code, By way of illustration and
not limitation, permits may be issued for repairs and replacement of roof
and other building structural components to the extent necessary to
address imminent risks to property damage and public safety and health,
such as for, but not limited to, the repair of leaking roofs and damaged
roofs, walls, foundation; and violations of building, electrical, mechanical,
and electrical codes, Any such permit shall contain a provision requiring
compliance with the provisions of Chapter 9,5 of the Monroe County Code
by a date specified in said permit.
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 5. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 20th day of November,
2001.
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BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, F ORIDA
~
By
Deputy Clerk
Jdord4yrlimit
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 12,2001
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
Please be advised that at a Regular Meeting in formal session on November 20,2001, the
Board of County Commissioners of Monroe County adopted the following Ordinances:
Ordinance No. 040-2001 amending Section 6-32, Monroe County, clarifying the
application ofthe four year statute oflimitations; 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.
Ordinance No. 041-2001 approving the request by the Upper Keys Sailing Club, Inc. to
amend the Land Use District (Zoning) Map from Improved Subdivision (IS) to Park and Refuge
(PR) for properties described as Lot 6, Block 2, less the South 80 feet; and Lots 7 and 8, Block 2,
and part of the road (aka Point Pleasant Drive) located between Lots 6 and 7, less the Southerly
80 feet of Lot 6; all being a part ofthe amended Plat of Point Pleasant, Key Largo, located in
Section 29, Township 61 South, Range 39 East, at approximately mile marker 99.5.
Attached hereto are certified copies ofthe subject Ordinances for your handling, Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
BY~o.blc.lf2uxf~
Isabel C. DeSantis, Deputy Clerk
Cc: Municipal Code Corporation, 040-2001
County Commission
County Administrator
County Attorney
File
~1vJ () i o. z. 0 OJ
3420 Northsfde Drive
KE~EST
ITIZEN
Office 305-294-6641 Fax305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for pOb$~api ~ :
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NOl'lCln.~1tfTBmON TO
cor.l.,. ADOPI~ OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVE:N TO
WHOM IT MAY CONCERN that on
Tuesday; November 20, 2001, at
3:00 PM at the Key Largo library,
Tradewlnds ~ Center, Key
Largo, Monroe County, Florida, the
Board of County CommIssIonera ci
Monroe CQUnty, FlorIda. Intenda to
consider the. adoption of the foIow.
Ing County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
~9E ~NTY, FLORIDA,
AMENDING SECTION HI, M0N-
ROE COUNTY CODE, CLARIFY.
ING tHE APPLICATION OF THE
FOUR YEAR STATUTE OF ~~
1lOf48; PAOVIDI<<I FOil SIYIRA.
BIUt'Y; PROVIDING FOR THE liE.
PEAL OF ALL ORDINANCES....
~
Pursuant to SectIon 286.0105, FIorI.
da statutes, notice Is glventhat " a
. person decided .to appeal ~y. deci-
sion made by the Board with reepect
to any matter COfI8Idered .at 8UCh
hearli1gs or meetings,. he will nMd a
i'ecord of the proceedings, n that,
for such purpose, he may need to
ensure that a verbatim i'ecord of the
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CopIes of the ~ ordI-
ryaooe are available for I'8Y}8w at the
various public libraries. ill Monroe
County, Florida.
Dated at Key West, FlorIda, this 24th
day of October, 2001
DANNY L. KOlHAGE, Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
November 2 & 9; 2001
PORTER
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared JACKL YN HARDER
who on oath, says that she is ASSOCIATE
PUBLISHER of THE REPORTER, a weekly
newspaper entitled to publish legal
advertising published at Tavernier,
Monroe County, Florida: that the attached
copy of advertisement, being LEGAL
NOTICE in said newspaper in the issue of:
November 1st & 8th, 2001
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
Legal and Official Advertiseme ts,
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Notary
No.1014600i4Yr.Limit ~ O';D
NOTICE OF INTENTION
TO CONSIDERADOP.
TlON OF COUNTY OR-
DINANCE
NOTICE IS HEREBY
GIVEN TO W1:19M IT
MAY CONCERN that on
Wednesday, November
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County, Florida, intends ~
to considertheedoption
of the following County g
ordinance: c: ,
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AN ORDINANCE OF . . ~.
THE BOARD OF COUN-. '>
TYCOMMIS$IONERS "'"
OF MON~OE COUNTY, r-
FLORIDA, AMENDING' 'P
SECTION 6-32, MON-
ROE COUNTY CODE,
CLARIFYING THE AP-
PLICA 110N OF THE;
FOUl~YEAR ST ATUlE
OF UMITATIONS;.PRO-
VIDING FOR SEVER-
ABILITY; PROVIDING
FOR THE REPEAL OF
ALL ORDINANCES IN- .
. CONSISTENT HERE-
WITH; PROVIDING FOR
INCORPORATION INTO
THE MONROE COUN-
TYCODE OFORDI-
, NANtES; AND pRO-
VIDINGAN E;~FECTIVE
DATE
Pursuant to Section .
286.0105, Floric:ta
Statutes, notice is given
that if a perSona8oided to
aPfi)IIIIJ . . . ~ -.. "
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need 11 record of the pr0-
ceedings, and that, for
such purpose, he may .
need to ensure that a ver-
batim reCord ofthe pro-
ceedings is made, which
record includes the testi-
mony and evidence upon
which the appeal iscto be
based.
Copies of the above-ref-
erenced ordinance are
available for review, at the
various public libraries-in
Monroe County, Florida.
Dated at Key We.st, Flori-
da, this 24th day of Octo-
ber, 2001
DANNY L. KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Com-
mi$sioners of Monroe
County, Florida
PJJblish:1 flO1 &
11108101 .
The Reporter .
Tavernier. FL33070
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fLORIPA KErs
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
~vemV:e-r 3,10 I dOO\
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week ( on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement, The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
comoliance with Chapter 50 of the Florida
State Statutes on Leaal and Official
Advertisements,
ed befo~ Jl1ji!
df/lXt{f;IL/ , 2001
no. 2067$00
NOTICE OF INTENTION TO
CON~QERADOpnONOF
COUNTY ORDINANCE '
Alii.. oRDINANCE OF THE
BOARD OF COUNTY COMMI
SIONERS-OF MONROE COUI\I
TY.FLOAlDA. AMENDING
SECTION . 6-32. ,MONROE
COUNTY' CODE. CLARIFYING
THE APPLICAtiON OF THE
FOUR YEAR STATUTE OF LIMI-
TATIONS: PROVIDING FOR
SEVERABILITY; . PROVIDING
FOR THE REPEAL Of ALL OR-
DINANCES INCONSISTENT
HEREWITH; PROVIDING FOR
INCORPORATION, INTO. THE
MONROE COUNTY CODE OF
ORDINANCES: AND. PROVID-
ING AN EFFECTIYE DATE
pursuant to sebtion 286.0105.
Florida Statutes. notice is given
that if a person decided to aP-
peal any deCision made by tha
Board 'with respect to any mat-
ter considered at such hearmgs
or .meeti.ngs. he will need '" re-
cOrd of theproceeding8. and
that. for such purpose. ,he m!'y
. need to ensure that a Verbatim
record of the proceedings is
mede. which record includes
'the testimony. and evidence
upon which .the appeal is to be
based. .
Cop," of the above-referencild
ordinance are available fQr rl!-
vi8w at the vllrioUs ~iC llbrar-
ies .in Monroe County. Florida.
Dated at Kay West. Florida; thi
'24th day of October. 2001 .
DANNY L. KOLHAGE
Clerk of the Circuit Court and ex
officio Clark of the Board of
County Commissioners of
Monroe County. Florida
Publish Novamber 3. 10. 2001 ,
Florida Keys Keynoter
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OF f\. JUNE 26.2005
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IT IZEN
Office 305-294-6641 Fax 305-294-0768
3420 Northside Drive
Key West FI,
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
~~ ~owJr~
In the Court, was published in said newspaper in the issues of
17~ :3 i- C/., 200J
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
. promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose. of securing this advertisement for PUb,$ ~d newspaper.
Signature of Affiant
Sworn and subscribed before me this 2~
r;~
,2001
day of
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Type of Identi~~ation Produced
Identification
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CCfl.I"'~OII
COUNTY.OROINANCR
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY. CONcERN that on
TU$eday, . NoVember' 20, 2001, at
3:00 PM at the Key Largo library,
TradeWlnds ShOpping Center, Key
Largo, Monroe County, .FIorklII, the
Board of County Commissioners of
MOnroe County, Florida, Intertdfto
conlilder the adQptlOn of the follOw-
Ing County ordinance:
AN ORDlNANQ~.OF THE BOARD
OF COUNTY COIIMlSSlONeM OF
MONRoE COUNTY, FLORIDA,
AMENDING $~cnON &-32, MON.
ROE COUNTY ~_'CL.AFIIFY"
ING THE ApPUCATIONOF THE
FOUft YEAR STA1'UTE OF UMlfA.
TIONSj PROVIDING FOR SEVERA.
BlLlTYj PROViOlt'llG FOR THE RE.
PEAL OF ALL ORDINANCES IN-
CONSISTENT HEMwITHj.....
VIDING FORtNCOfeP()_~."..
. TO THEIIONAOE COVHTY CObI
OF ORDINANtISj AND PROYI&).
ING AN EFFECTJYE DAT'E,
PursU$nt to Section 286.0105, Flori.
da ~tutes. notice Is given thatlf a
pei'$On. decided to appeal any lfeicI-
slon made by the Board wIttt r8$peCt
to any matter conslderer1"'.ucl1.
1'1~r1n~~]~~' "";1I!lD "....()
. f'8llORf.,QI,.i~iBd ,_0~.
JOfdl"lchr PUm~l!84kbem8)t.ft88dto
ensure that averbatim' record of Ite
proceedings \fJmade, which rec:ord
lnell/des'the testimony and 8YIdenCe
uponwhlch the appeal. Is to ..,~
~ed.
CoPiet of.the above-referenced ordi-
nance are available for review aI the
various public libraries In Montoe
County, Florida. ,
Dated at Key West, Florida. this 2_
, day of October,2oo1
DANNY L KQLHAGE, Clerk of the
CIrcuit Co\.Irtand 'ex-officlo Clerk of
the Board ofCOOntY ~onel'S"
. of Monroe County, Florida.
November 2 & 9, 2001
U.S, Eostal Serw.ice
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Ubrary and Infonnation Services
Division of Ucensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHilIsborough County
Preservation Board
RlNGLING MUSEUM OF ART
FLORIDA DEPARrMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
December 20, 2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated December 12, 2001 and certified copies of Monroe
County Ordinance Nos. 040-2001 and 041-2001, which were filed in this office on
December 17, 2001.
Please be advised that the Florida County Ordinance Data Retrieval System
(CODRS) Coding Forms were not received for the above mentioned ordinances.
LC/mp
Sin~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Collins Building - 107 West Gaines Street _ Tallahassee, Florida 32399-0250 _ (850) 245-6270
FAX: (850) 245-6282 - WWW Address: http://www,dos,state,t1,us _ E-Mail: election@mail.dos.state.fl.us
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ENDER: COMPLETE THIS SECTION
..
. 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
2. Article Number (Copy from service label)
\ '7cJ 99 3l!tJO 0005
PS Form 3811, July 1999
3. Serjce Type
g'Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
9//~
L/7S;L
Domestic Return Receipt
102595,OO-M-0952
----------------- --- ------.------ --
Municipal Code Corpolatlo~
info@mall.municoce.com
FO Eo) 2235
Tallahassee. fl 3231&-2235
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S>JPO 1 efflent 75
We r3/! received the 'Dllc~ln~ latella' through
i>ad copy. ihank you ic,r 'tDUf assistance and
C :,,:oer a~ iOL.
Oldi~an:e No, 040-200\,
BOD-2b2-2tJ3 ta~ B50-57S-9B52
l'1DH
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------------ ----~
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~s. Isabel C. DeSantis
Deputy Clerk
I'INHC!e COllnh
500 Yhitehead Street
~ev West. FL 33040
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