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Ordinance 017-2002 ORDINANCE NO. 017 .. 2002 AN ORDINANCE RELAnNG TO THE PROVISION OF WASTEWATER SERVICES, FACILITIES, AND PROGRAMS BY THE FLORIDA KEYS AQUEDUCT AUTHORITY; REQUIRING CONNECTION TO FLORIDA KEYS AQUEDUCT WASTEWATER FACILITIES WHEN AVAILABLE; PROVIDING FOR DEFINITION OF "ONSITE SEWAGE TREATMENT DISPOSAL SYSTEMS" AND OTHER DEFINITIONS; PROVIDING FOR AND AMENDING ORDINANCE NO. 04..2000 TO BE EFFECTIVE IN ALL AREAS WITHIN MONROE COUNTY IN WHICH THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AUTHORIZED TO PROVIDE WASTEWATER SERVICES, FACILITIES AND PROGRAMS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECnVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. DEFINInONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Authority" means the Florida Keys Aqueduct Authority. "Available" as applied to a governmentally owned sewerage system owned by the Authority, means that the governmentally owned sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a Department of Environmental Protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence; and, unless determined otherwise by a court of competent jurisdiction: (1) For a residential subdivision lot, a single-family residence, or non- residential establishment or Building, any of which has an estimated sewage flow of 1,000 gallons per day or less, a gravity sewer line to maintain gravity flow from the property's drain to the sewer line, or a low pressure or vacuum sewage collection line in those areas approved for low pressure or vacuum sewage collection, exists in a public easement or right-of-way that abuts or is within 250 feet the property line of the lot, residence, establishment or Building; (2) For any residential or non-residential establishment, Building or development with an estimated combined sewage flow exceeding 1,000 gallons per day, a sewer line, force main, or lift station exists in a publiC easement or right-of- way that abuts the property line of the establishment, Building or development, is within 500 feet of the property line thereof as accessed via existing right-of-way or easements; (3) For proposed residential subdivisions with more than 50 lots, for proposed non-residential subdivisions with more than 5 lots, and for areas zoned or used for an industrial manufacturing purpose or its equivalent, a sewerage system exists within one-fourth mile of the property line of the development or Building as measured and accessed via existing easement or right-of-way; or, (4) For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent, a sewerage system exists within 500 feet of such establishment's, Building's or development's sewer stub-out or property line as measured and accessed via existing right-of-way or easements; "Blackwater" means that part of domestic sewage carried off by toilets, urinals, and kitchen drains. "Boat Slip/Dock/Berth" means a slip, dock or berth bordered by a seawall, or a fixed or floating pier used for mooring or docking boats, houseboats, barges, or other types of floating modules or vessels used for or capable of being used for residential, or non-residential use at either marina facilities or on private waterways. "Building" means any Premises or structure, either temporary or permanent, built for the support, shelter or enclosure of Persons, chattels or property of any kind, or any other improvement, use, or structure which creates or increases the potential demand on the water, wastewater and/or reclaimed water utility system operated by the Authority. This term includes trailers, mobile homes, Boat Slip/Dock/Berth, or any vehicle serving in any way the function of a Building. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a Building Permit. "Building Permit" means an official document or certificate issued by the authority having jurisdiction, authorizing the construction or siting of any Building. The term "Building Permit" also includes tie-down permits or other similar authorizations for those structures or Buildings, such as a mobile home or a Boat Slip/Dock/Berth, that does not otherwise require a Building Permit in order to be occupied. "Domestic Sewage" means human body waste and wastewater, including bath and toilet waste, residential laundry waste, residential kitchen waste, and other similar waste from appurtenances at a residence or establishment. "Graywater" means that part of domestic sewage that is not blackwater, including waste from the bath, lavatory, laundry, and sink, except kitchen sink waste. "Onsite Sewage Treatment and Disposal System" means a system that contains a standard subsurface, filled, or mound drainfield system; an aerobic treatment unit; a graywater system tank; a laundry wastewater system tank; a septic tank; a grease interceptor; a closing tank; a solids or effluent pump; a waterless, incinerating, or organic waste-composting toilet; a sanitary pit privy that is installed or proposed to be installed beyond the Building on land of the owner or on other land to which the owner has the legal right to install a system; and package sewage treatment facilities, including those facilities that are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal. As used in this definition the reference to "package sewage treatment facilities" shall include any wastewater treatment facility permitted for operation by the Florida Department of Environmental Protection, or its successor in function. "Ordinance" means this Florida Keys Aqueduct Authority Wastewater Facilities Use Ordinance. "Owner" means a Person who is the record Owner of any Premises, or any Person claiming by through or under such Person. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Premises" means any and all real property and tangible personal property affixed to real property served or capable of being served by the Authority. SECTION 2. INTERPRETATION; CONSTRUCTION. (A) Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. (6) The adoption of this Ordinance is done at the request of the Authority in furtherance of an Interlocal Agreement between the County and the Authority. SECTION 3. AUTHORITY AND PURPOSE. (A) Pursuant to Section 4, Chapter 99-395, Laws of Florida, the County is expressly authorized to enact certain provisions of this Ordinance: (1) requiring connection to Authority wastewater facilities and (2) providing for the use of certain definitions relating to on-site sewage treatment and disposal systems. (6) Pursuant to Chapter 76-441, Laws of Florida, as amended, the Authority has exclusive jurisdiction over the administration, maintenance, development and provision of wastewater services within certain incorporated and unincorporated areas of Monroe County; the adoption of this Ordinance has been requested and pre- approved by the Authority. SECTION 4. CONNECTION TO AUTHORITY FACILITIES; FINDINGS. It is hereby ascertained, determined, and declared that: (A) The Florida Legislature has identified the Florida Keys as an area of critical state concern; pollution and questionable water quality resulting from the absence of adequate wastewater treatment throughout the Florida Keys is a threat to the environment and the health, safety and welfare of landowners and Persons inhabiting the Florida Keys. (B) The Florida Legislature has charged the Authority with the responsibility to plan and provide for water and sewer systems within the Florida Keys and to enforce the use of its wastewater facilities whenever and wherever they are accessible. (C) The Florida Legislature has empowered the Authority to both prohibit the use of and mandate the use of wastewater facilities within the Florida Keys. (D) The Florida Legislature has authorized the County to enact local legislation that: (1) requires connection to a central sewerage system within specified time periods; and (2) provides a definition of on-site sewage treatment and disposal systems that does not exclude package sewage treatment facilities even if facilities are in full compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method of effluent disposal. (E) The Authority has embarked upon the creation of a wastewater system to equitably, ecologically and economically manage wastewater and improve water quality in the Florida Keys. The presence of the Authority's wastewater facilities will enhance and benefit the environment and the health, safety and general welfare of landowners and Persons inhabiting the Florida Keys. (F) Mandatory connection to the Authority's wastewater facilities is fundamental to the successful financing, creation and operation of the Authority's wastewater systems. mandatory connection to a governmental utility system and the subsequent charges flowing therefrom have long been held to be a proper exercise of the governmental power to regulate and protect the welfare of the public. SECTION 5. MANDATORY CONNECTION TO AUTHORITY FACILITIES. (A) The Owner of an improved parcel of land or Premises shall, at the Owner's expense, connect any On-Site Sewage Treatment and Disposal System (including decommissioning any such On-Site Sewage Treatment and Disposal System and connection of the collection facilities served thereby to the Authority's wastewater system) and or a Building's plumbing to the Authority's wastewater system upon written notification that the Authority's wastewater facilities are available for connection. Connection shall occur within thirty (30) days of notice of availability of services, or as otherwise provided by law. (B) No less than one (1) year prior to the date the Authority's wastewater system is expected to become available, the Authority shall be responsible for notifying the affected Owners of the anticipated availability of such wastewater facilities and such Owners shall be required to connect, at their expense, to the Authority's wastewater facilities within thirty (30) days of actual availability, or as otherwise may be provided by law. Failure to timely provide such notice or failure of any individual Owner to timely receive such notice shall not serve as a bar to enforcement of mandatory connection by the Authority. (C) All connections shall be consistent with and governed by the Authority's agreement for service provisions and all other applicable Authority rules and regulations relating to water and wastewater and the provision thereof. (D) In the event an Owner fails or refuses to timely connect the Premises, any On-Site Disposal System and/or a Building to the Authority wastewater facilities within the time prescribed herein, or by state and/or local rules and regulations, the Authority may seek and employ any legally available remedy to cause the installation of the on-site wastewater facilities necessary to effectuate the connection of the Premises to the Authority's wastewater system. (E) In the event the County or the Authority is required to seek a writ or order, or otherwise litigate any action compelling connection, all costs of such action experienced by the County and or the Authority, including attorney fees and court costs, may be assessed to the Owner. SECTION 6. AMENDMENT TO ORDINANCE 04-2000. Section 6 of Ordinance 004-2000 is hereby supplemented to add the following: Notwithstanding any provision herein or in the Code of Monroe County to the contrary, the provisions of this Ordinance shall be deemed to be effective as to the Florida Keys Aqueduct Authority, and wastewater systems or facilities owned by the Florida Keys Aqueduct Authority, in all areas of Monroe County in which the Florida Keys Aqueduct Authority is authorized by law to provide wastewater services and facilities. SECTION 7. ENFORCEMENT. Violations of this Ordinance maybe prosecuted before the Code Enforcement Special Master (or Board) as authorized by Chapter 63, Article I, Monroe County Code, and Chapter 162, Part I, Florida Statutes, by a notice to appear issued under Chapter 53, Article II, and Chapter 162, Part II, and Section 125.69(2), Florida Statutes, or Chapter 76-435, Laws of Florida, by prosecution as a second degree misdemeanor pursuant to Section 125.69(1), Florida Statutes, or by any other method authorized by law for assuring compliance with the terms of this Ordinance including suits for injunctive relief. SECTION 8. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 9. AL TERNAnVE METHOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of Monroe County and the Florida Keys, shall be liberally construed to effect the purposes hereof. SEcnON 10. APPLICABILITY; INCLUSION IN CODE. (A) Notwithstanding any provision otherwise in the Code, this Ordinance shall be effective in any area of Monroe County, Florida, that the Authority is authorized or empowered by law to provide wastewater services and facilities. (B) 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 11. EFFECTIVE DATE. 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 APPROVED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of July, 2002. Yes Yes Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~o-W~. &.v)d~ Deputy Clerk / By JdordFKAAhookup7.2 C) t..r) cc ..:r <( l..U a .. <:..::J .....J (...) - <:to L.&.. LLl x: :x:t;>= 0::: CL ~.::! l- n:::: ~cr:5 a N 'Wo L&.. N ...J .W 0 -.l ,...X=:lt..J =:) .;.z::.....Jo l.&.J ...., ;1: <..:> a:: -J c--.. <( :z: L&.. c;;. '-' 0 = 1: c--.. CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE ~THONSOOCOURTHOUSE 3117 OVERSEAS HIGHWAY ~THON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WlllTEHEAD STREET, SUITE 101 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 July 22, 2002 Department of State, Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, Florida 32399-0250 Certified Mail Receipt #70993400000591185070 Dear Ms. Cloud: Please be advised that at a Regular Meeting in formal session on July 17, 2002 the Board of County Commissioners of Monroe County adopted Ordinance No. 017-2002 relating to the provision of wastewater services, facilities, and programs by the Florida Keys Aqueduct Authority; requiring connection to Florida Keys Aqueduct Wastewater Facilities when available; providing for definition of "on-site sewage treatment disposal systems" and other definitions; providing for and amending Ordinance No. 04-2000 to be effective in all areas within Monroe County in which the Florida Key Aqueduct Authority is authorized to provide wastewater services, facilities and programs; providing for enforcement; providing for severability; and providing an effective date. Attached hereto is a certified copy of the subject Ordinance 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:Jlo.1JJ (!. ~~ - Isabel C. DeSantis, Deputy Clerk Cc: Municipal Code Corporation Monroe County Commission Attorney Bob Feldman, FKAA Growth Management Director Finance File \/" 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 library and Information Services Division of licensing MEMBER OF THE FLORIDA CABINET Wf.~ FLORIDA DEPARfMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART July 26, 2002 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 July 22, 2002 and certified copy of Monroe County Ordinance No. 017-2002, which was filed in this office on July 25, 2002. Sincerely, ~~ Liz Cloud, Chief Bureau of Administrative Code Q,~ LC/mp r...;) 3: <== "'Tl 0 CJ C:::::J l-...,) r- :z: >- ::;On7. <- fT1 c a 0,2; r- fT1 :;x: -~" "'Tl n' r"- N 0 oc;. \.D C::;o:J'" :::0 Z. c' -0 ::u --l r=' -<n...,_ ::x: f'l . --I- e"") ..,,' :> N r- rri 0 l> :::0 _J Cl 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.fl.us . E-Mail: election@mail.dos.state.fl.us f•- -- -- --SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. . • Print your name and address on the reverse .C. Signatu^ so that we can return the card to you. SRACIE PENTON agent ■ Attach this card to the back of the mailpiece, x DEPARTMENT OF STA1�ddressee or on the front if space permits. • D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: t Y er delivery El below: No PE `'. OF STATE 1partment of State; reau of Administrative Code, JUL 2 5 2002 e Collins Building;7 West Gaines Street, Suite''t'43 3. PLYEA RED ad Ilahassee, Florida 32399-0250 ❑Registered ❑ Return Receipt for Merchandise • ❑ Insured Mail ❑C.O.D. Ord IP di'7—Z8 0 Z 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) ' 7 o- 9 9 3.. /0o O005. 9//8 •5070 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 U.S. Postal Service CERTIFIED MAIL RECEIPT • (Domestic Mail Only;No Insurance Coverage Provided) • o Ln• n co Postage $ f'l!/ Certified Fee 3 r' Post Return Receipt Fee Ln (Endorsement Required) / 7 O V O Restricted Delivery Fee p (Endorsement Required) o D Mends�,FYfs Ve Code 0/7'2 t bZ. r@atl O HorTF t ar ame a ompleted by mailer) rn e �ditf�ti;� t i S feei...Sutte L43 a— foomesx-ethIgiti Tihag�Q, Florida 32399-0250 PS Form 3800,July 1999 See Reverse for Instructions Laseresched 411Ji 8 idz a 10, Ol o fatia r r • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) i Er Article Sent To: I7 040 Postage War t-q r 7 Certified Fee Will co Post. ar MVO H-L�Return nt Require) �rJ�rZ(Endorsement Regwred)ivery Fee , U p (Endorseme Restricted nt(Required) Cl Total Postage&Fees ISM ®.-o�• of 7-2c2!4 l� Name(Please Print Clearly)(to be completed by mailer) • m •� - ada-Oar{aorat}on a� Street, p. o.,or P. 6.box 2235 -=---------------------=---------------------- - e4itil iassee,VL 32316-2235 o city, r See Reverse for Instructions PS Form 3800,July 1999 r;;+Y�•Y i COMPLETE THIS SECTION ON DELIVERY A„Received by(Pleas.-.'tint Clearly) B. Da •of De'very • SENDER: COMPLETE THIS SECTION •r 0�� Q • Complete items a 2,and ry3.Also complete i , _ .• J item 4 if Restricted Delivery is desired.. `: - • r �� G. • .atur ; ❑Agent • Print your name and address on the reverse il L• ❑Addressee so that we can return the card to you. /` ClYes • Attach this card to.the back o mailpiece, D. Is derive address di erent from item 1? No or on the front if spacepermits. If YES,enter delivery address below: ' 1. Article Addressed to: , Municipal Code Corporation • P. O. Box 2235 Tallahassee, FL 32316-2235 • _-________________ 3. Sery+ce Type impress Mail , ®/Certified Mail 0 Return Receipt for Merchandise �1 ❑Registered -/ Vv ❑Insured Mail ❑C.O.D. • D/�J '; !� 4. Restricted Delivery?(Extra Fee) ❑Yes from service label) D QQ .�1 2. Article Number(Copy ,� �/�D• 102595-00•M•0952 :' 6"y • 1 +� Domestic Return Receipt • 1t lulY: Itt • , ill P,SFI iiiii it of ti ii iii - - ill i C,I aft I Ili DIM i,-. Municipal Code Corporation infQ@moJI,mUniCQde.cQm P.O. Box 2235 Tallahassee, FL 32316-2235 Monroe County, FL Code of Ordinances - 1979(11270) Supplement 77 Recorded: 7/31/20029:10:24 AM We have received the following material through Hard Copy. This is our new acknowledgement format. You will no longer be receiving post cards for ordinances received. If you have any questions please contact us at the phone number or email address listed below. Thank you for your assistance and cooperation. Document Adoption Description Ordinance No. 7/17/2002 Amending Code relating to the provisions of wastewater services, 017-2002 facilities and programs by the Florida Keys Aqueduct Authority. Please take the time to till out our Online Survey. Get our 50th anniversary cookbook at ~'W,m4n!.c;QQ~,c;Qm You can submit your ordinances via email to QrQl)@mqil,m4nic;QQf:;l&Qm. Should you have questions please contact us. Are you tired of mailing out codes and supplements? Tired of printing additional copies of codes? Let Municipal Code handle the distribution and sales. Contact the distribution department at: Qil)f<iYmqil,mynic;QQf:;l,c::Qm Contact Information Ph 800-262-2633 Fax 850-51'5-8852 Email info@maUJTlLmlcode com a::.. o \..l- o \,J.J ~ u... ~ U'"' , c.!) ~ c-J c:o c::' c-J .d. t5 ~ 4. . . ...,...1-'>- 5~1-' Cl 'z- _ / 0::: :::> ---.,"53 -: ::5w ~~~ ~ -r. 4. 0 o "I: ...,., N o a::.. o C) W cc. .' - - FLORIPA KETS114. • KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION •-- no:`3039400 . . , NOTICE OF INTENTION ttyy STATE OF FLORIDA , :OF COUNTY ORDINANCE. COUNTY OF MONROE NOTICE IS HEREBY GIVEN TO ' WHOM'IT.MAY CONCERN that, on Wednesday,July 1'7, 2002,.' at.3:00 PM at the Harvey Gov Before the undersigned authorityperson- ernment_ Center _ Trumari; 9 School, 1200 Truman Avenue,' Key West, Monroe' County';;I ally appeared WAYNE MARKHAM who on Florida, the Board of-County Commissioners of Monroe oath, says that he is PUBLISHER of the sidenriheadoptionofthefolla . FLORIDA KEYS KEYNOTER, a twice ingCountyordinance: _ l weekly newspaper published in Marathon., AN ORDINANCE RELATING TO • -THE PROVISION OF-WASTE- in Monroe County, Florida: that the WATER SERVICES, FACILI TIES,AND PROGRAMS BY THE attached copy— was - FLORIDA`KEYS AQUEDUCT__ cON�/ ofadvertisement AUTHORITY;. . REQUIRING published in said newspaper in the issues CONNECTION -TO FLORIDA, KEYS-AQUEDUCT WASTEWA- 'TER FACILITIES.WHEN.AVAIL-: of: (date(s) of publication) ABLE; PROVIDING•FOR DEFI- NITION OF"ONSITE SEWAGE TREATMENT DISPOSAL SYS- TEMS'' AND OTHER- DEFINI- I TIONS; PROVIDING FOR AND fraV V �,, �/ -AMENDING.ORDINANCE RO.. C�ii-- 104-2000 TO BE EFFECTIVE IN ;ALL AREAS WITHIN MONROE / COUNTY IN WHICH THE FLOR-IDA- KEYS-AQUEDUCT AU-.THORITY IS-AUTHORIZED-TO- PROVIDE WASTEWATER SER-,t further says that the said FLORIDA GRAM FACILITIES AND PRO-S; PROVIDING FOR EN- KEYS KEYNOTER is a newspaper published • SEVERASILi Y AND PROV DR at Marathon, in said Monroe County, INGAN EFFECTIVE DOTE. ,Pursuant to Section 286.0105, Florida, and that the said newspaper has Florida Statutes,notice is given - that if a person decides to ap- heretofore been continuously published in , pealoard any decision ect madetoany bym-J,e t with said Monroe County, Florida, will need a record twice each teroonsideredatthehearing,;h'e ' of,the•pto- week (on Wednesday and Saturday) and ceedings,and that,forsuchpur- pose, he may need to ensure has eefl entered as a second class mail that a verbatim record of the proceedings verbatim made,-Which re- cord includes the testimony and matter at the post office in Marathon, in evidence upon which the appeal Is to be based._ - Monroe County, Florida, for a period of Copies of the above-referenced one year next preceding the first r•ordinance are available for re- I view at the various public librar- ' F, •-I••3 publication of the attached copy of , ies in Monroe County;Florida. ` —' c; O N r- advertisement. The affiant further says Dated at Key West;.F orida,_this . rn 2nd day of July,2002. = .t C M that he has neither paid nor promised any _•DANNY.L.KOLHAGE,' �f` : CD Clerk of the Circuit Court and.ex': i .Clerk the Board r- " CD — CountyCommissionersof••, CDC3' CO rebate, commission or refund for the . . Monroe Coupty,Florida . of securingthis advertisement for , Publish July 6,13,2002. a` i • C__ purpose ; Keys Keynoter W publication in the said newspaper(s) and _Florida___ - _ �-'›. ry CI that The Florida Keys Keynoter is in full r; w compliance with Chapter 50 of the Florida • w c' State Statutes on Legal and Official Advertisements. • Swor to an subs ed before me this /6" D of , 2002 (SEAL) <_,,,:4- F:j\ LE' ell f TIr:sta'.i4 11 J h ✓d'YLr£:7y ir➢A'nal f 1 Wh',21'I Notary G� T>_, . I • 1 THE -,„ V ' -. n - • Ii" Upper Keys Connection 4 PORTER No:3062300 FKAA, P.O. Box 1197•Tavernier,Florida 33070-1197 Hookup . - Copies of the above-ref- (305)852-3216 Fax: (305)852-8240 __NOTICE OF INTENTION' erenced ordinance are TO CONSIDER available for review at the •ADOPTION OF various public libraries in PROOF OF PUBLICATION COUNTY ORDINANCE ,Monroe County,Florida. NOTICE IS HEREBY • ,Dated at Key West, _ . GIVEN TO WHOM IT Florida,this-2nd day of STATE OF FLORIDA MAY CONCERN that on ' 'July,2002. COUNTY OF MONROE Wednesday,July 17, DANNY L.KOLHAGE, 2002 at 3:00 PM at the Clerk of the Circuit Court Harvey Government land ex officio Clerk of the ' ne authorityener- rum School, Before the undersigned Center g -Board of CountyCommis-1 personally appeared JACKLYN R. Key West,Truman00 Mon oe Coun- sioners of HARDER who on oath, says that she is -ty,Florida,the Board of I (SEAL)onrnp O1nty Florida _ ASSOCIATE PUBLISHER/EDITOR of THE County Commissioners_ _ _. of Monroe County,Flori- ' Publish:07/05/02& I REPORTER, a weekly newspaper entitled • da,intends to consider 07/12/02 the adoption bf the follow- topublish legal advertisingpublished at The Reporterg ing County ordinance: j Tavernier, Monroe County, Florida: that • Tavernier,FL33070 the attached copyof-advertisement -being -AN-ORDNANCE RE---- - - --- v LATING TO THE PRO- LEGAL NOTICE in said newspaper in the VISION OF WASTEWA • - issue of: • TER SERVICES,FACIL- ITIES;AND PRO-- - GRAMS BY THE FLORI- • DA KEYS AQUEDUCT AUTHORITY;REQUIR- ING CONNECTION TO July 5th and July 12th, 2002 'FLORIDAKEYSAQUE- DUCT WASTEWATER, FACILITIES WHEN Affiant further says that THE REPORTER AVAILABLE;PROVID- ING FOR DEFINITION is a newspaper published at Tavernier, in OF"ONSITE SEWAGE said Monroe County, Florida, and that the TREATMENTDISPOS- MS"AND said newspaper has heretofore been -OOTHER DEFINITIONS; continuously published in the said PROVIDING FOR AND Monroe County, Florida, each week (on AMENDING 04O 20 NANCE NO.04-2000 TO Thursday), and has been " entered as BE EFFECTIVE IN ALL second class mail matter at the Post ARE WITHIN MON- ROE COUNTY IN Office in Tavernier, in said County of WHICH THEFLORIDA. • Monroe, Florida, for aperiod of oneyear KEYS AQUEDUCT AU-.• 'THORITY IS AUTHO-. next preceding the first publication of the RIZEDTOPROVIDE Q q -rl attached copyof advertisement; and WASTEWATERSER= r VICES,FACILITIES o c,- affiant further says that he has neither 'AND PROGRAMS; . nit-- 0 paid nor promised any firm, person, or :PROVIDING FOR EN- c7 FORCEMENT;PROVID- c c- CO any discount, rebate, ING FORSEVERABILI-. Z'x.--1•7 commission or refund for the purpose of TY;AND PROVIDING. . -1 AN EFFECTIVE DATE. : K) --r securing this advertisement for " ( 7,•. $ r-r-: publication in the said newspaper and that ,PursuanttoSection r-- 7 N) c-) 286.0105,Florida 3> m CD The Reporter is in full compliance with 'Statutes,notice is given" CA) w o Chapter 50 of the Florida State Statutes on ;that if person decide •to Legal and Official Advertisements. appeal anyiidn the made by theBoard with respect to any matter considered at the hear ing,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that Swo n t -and bscribed before me this a verbatim record of the 12t day of Jul) 2002. which r reecoc dsii made, whird includes the testimony and evidence Hof FCU KATHLEEN BRYAN upon which the appeal is (SE � � •to be based. . Ir:orr,Rv A�o Y Comm Exp. 12/12/03 nU.UC c.CC 894188 C. ally Known I'Other I.D. Notary - ," A-, Ksy'wsST t1 The FToi1 a Keys OnyDaily Newspaper,Est.1870 Cooke Communications,LLC Florida Keys Joy Thomas Advertising Coordinator STATE OF FLORIDA PO Box 1800 COUNTY OF MONROE Key West FI 33041 Office..........305-292-7777 Before the undersigned authority personally appeared Randy G. Erickson,who xtension 0718 on oath Says that he is Vice-President of AdvertisingOperations of the Key 305-294-0768 Y P ilhomas@keysnews.com West Citizen, a daily newspaper published in Key West,in Monroe County, INTERNET PUBLISHING Florida;that the attached copy of advertisement,being/� a legal.notice in the keysnews.o / � n/n�ed ,4,,,%��2 keysnews.com matter of L � � — ../it/ lioridakeys.com key-west.com Web Design services In the Court,was published In said newspaper in the . NEWSPAPERS issues of7 /'i/ D 0� The Citizen9:,_,L.,_. . Southernmost Flyer Solares Hill Bgeine Free Press . .Affiant further says that.the Key West Citizen is a newspaper published.in Key , Marathon Free Press 'Key logo FreePiss. West, in said' Monroe County, Florida and:.that the said.newspaper. has Ocean Reef Press- . . uo ti r f heretooe been connus) published in said Monroe. Coun Florida Seaport Log Y t3';'. every MAGAZINE and has-been entered as second-class mail matter at the.post office in Key West, The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide Citizen Local's Guide publication:of the attached copy of advertisement; and affiant further says that - Paradise Keys TV channel Guide he has neither paid nor promised any person, firm or corporation any.discount, - MARKETING SERVICES rebate;,:commission or refund for the purpose of:securing this advertisement for . Commercial Printing Citizen Locals Card publication in the-said newspaper. Direct Mail FLORIDA KEYS OFFICES _ Printing/Main Facility 3420Nor8,rea Drive Signature of Affiant t FL 33040-1800 Tel 305-292-7777 Fax 305-294-0768 cittzen@keywestcom Internet Division Sworn and subscribed before me this /7 day of 9/4_,G, ,2002 1201 White Street(Suite 103) Key West,FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sales@keywest.com Middle Keys Office Ciyi. (► Omas,Notary Public 6363 Overseas Hwy Marathon,FL(MM 52.5) 33050-3342Tel 305-743-8766 :?�(lI Ii'rSd<6 Fax 305-743-9977 " h ',sf` F: navigator@floridakeys.com ^'`°� �.^°�, _c� � ;�- er\C n ��7 Expires: July 23, 2004 - No 1 Upper Keys Office . 'J� vO-5v '� r 81549 Old Hwy : O(-;-- u,o Isla ,ox (MM81.5) `r ' •: '7‹ 33036-0469 ° #Cq.. :jto_ __e Tel 305-664-2266 p' a Fax 305-664-8411 °' ,°�w freepresstrilfloridakeys.corn %�,Aiji-; '�� `�`t Ocean Reef Office 'j FV ;';j; ',;�`�, fi 3A Barracuda Lane :I 4 1...) C Key Largo,FL 33037 . 1T7 CD Tel 305-367-411 Fax 305-3672191 Personally Known x Produced Identification W d Type of Identification Produced I • • • • NOTICE-OF-INTENTION TO— CONSIDER ADOPTION OF • COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO—; WHOM IT MAY CONCERN that on Wednesday, July 17; 2002 at 3:00 I PM at the Harvey Government Cen- ' ter - Truman School, 1200 Truman ' Avenue, Key West, Monroe County, , • Florida, the Board of County Com- missioners of Monroe County, Flori- da, intends to consider the adoption of the following County ordinance: • AN ORDINANCE RELATING TO ; THE PROVISION OF WASTEWA- TER SERVICES,FACILITIES,AND PROGRAMS BY THE FLORIDA., i KEYS AQUEDUCT AUTHORITY; REQUIRING CONNECTION TO FLORIDA KEYS AQUEDUCT WASTEWATER FACILITIES WHEN AVAILABLE;PROVIDING FOR DEFINITION OF"ONSITE SEW- AGE TREATMENT DISPOSAL SYSTEMS"AND OTHER DEFINI- TIONS;PROVIDING FOR AND "; AMENDING ORDINANCE NO.04- '2000 TO BE EFFECTIVE IN ALL AREAS.WITHIN MONROE COUN- TY IN WHICH THE FLORIDA KEYS AQUEDUCT AUTHORITY IS AU- THORIZED TO PROVIDE WASTE- WATER SERVICES,FACILITIES AND PROGRAMS;PROVIDING FOR ENFORCEMENT;PROVIDING ; FOR SEVERABILITY;,AND PRO- , VIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flori- da Statutes, notice is,given that if a' person decides to appeal any deck sion made by the Board with respect to any matter considered at the hear- ' ing, he will need"a record of the pro- ceedings,and that;for such purpose, he may need to ensure that a verba-' tim -record of the" proceedings is• ' . made,which record includes the tes- ' timony and evidence upon which the , appeal is to be based. - ' Copies of the above-referenced ordi-. nance are available'for review at the " various public libraries in Monroe' County,Florida. . ;Dated at Key West, Florida,this 2nd ,day of July,2002. . DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida ` July 7&14,2002 dIkage iao FLORIPA KE rs KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE no.:aq39400 ftOnee.OP .TUITION ..1:~O:L~ NOTICE. IS HEREBY GIVEN TO WHOM IT MAY CONc:eRNthat, an Wednescla. y, JUlY. 17, 2a. '..... at.3:OO PM lit tha:Hervey G . IIf"nment . center - Trum. SQhbot, 1200 Trum8ll Avan~.1 Key WEtst, Monroe Countj~ Flo.rida, the Board' pi' -{lou"", . CommleslOl1$rs _ Of Mo.nroa Co.untY, Florida. intend8. to c~- sider the adoption of the foil.,.., In. County c>n:Iinance:. AN ORDINANCE RELATING TO 'THE PROVISION OF' WASTE- WATER SERVICES, FACILI- TIES, AND PROGRAMS BY T.HE .f!'QR1DA.KEYS. A. QUEDUCT I AUTHORITY; REQUIRTNG .' CQNNEC"1'I0N TO . FLORIDA KEYS'AQUEDUCT.WASTEWA- TER FACiliTIES WHEN AVAIL- ABLE; PROVIDING FOR DEFI- NITION OF "ONSITE SEWAGE TREATMENT DISPOSAL SYS- TEMS" AND OTHER QEFINI- TIONS; PROVIDING FOR AND AMENDING .ORDINANCE NO. 04-2000:TO"BE EFFECTIVE IN . ALL AREAS WITHlNMQNROE , COUNTY IN WHICH THE FLOR- IOA- KEYS' AQUEDUCT AU- THORITY IS AUTHORIZED' TO PROVIDE WASTEWATER SER- VICES, FACILITIES AND PRO_ GRAMS; .PROVIDING FOR EN- FORCEMENT; PflOVIDIN.G.FOfl SEVE..RAllll.ITYt' AND PROVI.D- ING A~ EFFEC IVE DATE. , Purauant to Section 286.0105, Florida Statutlls. I1l>ticeill given thet If e person decides to. ep" peeleny d!lcillionmed$ by tn Board with resPect to eny mil; tar .conslllered at.the heanng,.he will n"d a recprdof the pro- C~.lKIin9S,. an. d tl)et, f. or such PIJI". - POIle, he may need tQ ensure' that a verbatim r890,d of the proceedings is meds, which re- cord includes the testimony and evld""C8 upon wll/ch the appeel Is to ba based. Copies Of the abo.va-re.ferenCed ordinance ere available for re- view at the varloull publiC librer- iea in Monroe CountY, Florida. Deted at Key West, Floride, this 2nc1dayofJuIY, 2002. DANNY L. KOLHAGE Clerk of the Circuit Court and ex officio Clerk o.f the Board of CountY Commissioners'.of Monro..COu!1ty, Floride Pub/iah July 6. 13, 2002. Florida Keys Keynpter . , 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 CountYr Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) 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 ha~n 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 p~id 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 Kevs Kevnoter is in full comoliance with Chaoter 50 of the Florida State Statutes on Leaal and Official Advertisements. /Z1U/?;'1C//;fU:// . Nma~ . V,. '3: C> 0 Z ..... ::0 :1" o~::;~ '-rJ~ - ("")' , 0('")' c~:::.~ 2:. C) -1 r -<("")...,- . ~:;: "Tl c;-, r- IT! > ~ ~ = ......, :tlIO c:: GJ ""Tl r I'Tl CJ " ,.." ...~.~,I w ;0 :::0 rl1 (") o ;0 CJ -0 :::It: N W W