Item Q4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
February 21, 2001
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance creating Chapter 2.4, Monroe County Code, in order
to require that the residents of structures built below base flood elevation register with
the County Office of Emergency Management and that when a tropical storm threatens
the Florida Keys, the County Administrator may order such residents to evacuate.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
TOTAL COST: Unknown.
BUDGETED: Yes
No
Cost to County:
APPROVED BY:
County Attorney X
OMB/Purchasing
Risk Management
DOCUMENTATION:
DIVISION DIRECTO~
Included -.2L To Follow Not required
AGENDA ITEM #
l:mI
Commissioner Nelson
ORDINANCE NO
- 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CREATING CHAPTER 2.4, MONROE COUNTY CODE, IN
ORDER TO REQUIRE THAT THE RESIDENTS OF STRUCTURES BUILT BELOW
BASE FLOOD ELEVATION REGISTER WITH THE MONROE COUNTY OFFICE
OF EMERGENCY MANAGEMENT; THAT WHEN A TROPICAL STORM
THREATENS THE FLORIDA KEYS THE COUNTY ADMINISTRATOR MAY
ORDER SUCH RESIDENTS TO EVACUATE THE FLORIDA KEYS; PROVIDING
THAT IF SUCH AN EVACUATION IS ORDERED, THE OFFICE OF EMERGENCY
MANAGEMENT SHALL ENDEAVOR TO CONTACT THE RESIDENTS AND
NOTIFY THEM OF THE EVACUATION ORDER; 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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. Chapter 2.4, Monroe County Code, is hereby created to read as follows:
Sec. 2.4-1 Registration of residents of structures below base flood
elevation.
All residents of structures that are below the base flood elevation level established
pursuant to Chap. 9.5, Division 6, Monroe County Code, and Sec. 161.55, Fla.Stat., must
register their names, addresses, work and home phone numbers and e-mail addresses (if
any), with the County's Office of Emergency Management.
Sec.2.4-2 Mandatory evacuation of residents of below base flood
elevation structures.
When the County Administrator determines that an impending tropical weather
disturbance has become a threat to the Florida Keys, then he may order a mandatory
evacuation out of the Florida Keys of those persons described in Sec. 2.4-1, Monroe
County Code. If the County Administrator orders a mandatory evacuation for such
persons, then the Office of Emergency Management must immediately endeavor to contact
such persons and inform them of the order. However, the duty to contact such persons is
a duty owed by the County to the general public and not to any speCific individual. The
breach of the duty to contact does not create County liability with respect to any specific
individual who is injured or killed (or his/her heirs, dependents or relatives), or whose
property is destroyed or damaged, wholly or partially as a result of the County's failure to
contact the individual and notify him/her of the evacuation order. When tropical weather
disturbances threaten the Florida Keys, it is the responsibility of the persons described in
Sec. 2.4-1, MCC, to monitor local and Miami media for all evacuation orders.
Sec. 2.4-3 Information collected pursuant to this ordinance inadmissible in
certain proceedings.
Except for proceedings alleging a violation of this Chap. 2.4, MCC, any information
collected pursuant to this ordinance is inadmissible in any code enforcement proceeding
under Chap. 162, Fla. Stat., and Chap. 6.3, Monroe County Code, or prosecution under
Sec. 125.69, Fla. Stat., or under Chap. 76-435, Laws of Florida. Prosecution for
violation(s) of any provision(s) of the Monroe County Code, other than for this Chap. 2.4,
may not be initiated before any hearing officer or court predicated on any information
collected pursuant to this Chapter even if no attempt is made to introduce the information
into evidence. If a property owner charged with a code violation can demonstrate to the
satisfaction of the hearing officer or court that information collected pursuant to this
Chapter resulted in the initiation of the prosecution, then the hearing officer or court shall
immediately dismiss the prosecution.
Sec.2.4-4 Penalties.
Persons who fail to evacuate when ordered to do so by the County Administrator
pursuant to Chap. 2.4, MCC, are in violation of this Chapter and shall be prosecuted in the
same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the
name of the state in a court having jurisdiction of misdemeanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine not to exceed $500 or by
imprisonment in the county jail not to exceed 60 days or by both such fine and
imprisonment.
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 day of , 2001.
Mayor George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
JdordMNevacuate
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NOTICE OF INTENTION
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ORDINANCE
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County ordinance:
AN OFlOlNANCEOF
rHE BOARDOFCOUN-
TY COMMISSIONERS
OFMONROE COUNTY,
fLORIOA.ClU5Al1NG
CHAP'i'ER2....~~
ROECOONTYCODE.
IN ORDER TO RE-
o QUIRE TtfAT1ltEftES-
lDeNTS OF STRUC-
TURES BUILT BELOW
SASE FLOOD ELI:WI'-
TION REGlSTER_H c:
THEMONROE~~~'
TYOFFICE0F~20
G. ENCYMAN AoGE"". _0
MENT; THATWH r
TROPICAL STn'
THREATENS THE C::ij::...
F'.ORIDA KEYS T~. c:.
COUNTY ADMINI~C')t:
-.,....
:==:l . .'~
IDA KEYS; VI INO
THAT IF SUCH AN
EVACUATION IS OR-
DEREP, THE OFFICE
OF EMERGENCY MAN-
AGEMENT SHALLJ5N-
DEAVOR TO CONTACT
THE RESIDENTS AND
NOTIFY THEM OF THE
EVACUATION ORDER;
PROVIDING FOR SEV-
ERABILITY; PROVID-
INC.JIIOR THE REPEAL
Of AU.ORDINANCES
INCONSISTENT HERE-
WITH; PROVIDING FOR
INCORPORATION
INTOTHE MONROE
COUtfTY CODE OF OR-
DINANCES; AND PRO-
VIDING AN EFFECTIVE
. DA~
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:
March 1 & 8, 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 Advertisements
Pursuant to Section
286.0105, Florida .
Statutes! notice is given
that1fll~.deCft:ledtD
~"'Y~on.
~ti;'tbet!Jo!rd~
I'8SpetttoaqymIIW .. '
consid!3red at such hear:
if9~meetings, he wm
~. record ol'the pm-" -
ceedlngsr~nd that; for
such pu~, he may
need to ensure that a V9r-
- batim ret;ord of the- pro-
ceec:llnp IamadEl, whict\
recotd Includes the testi-
mony -.d.......... upon
which the~ 18 lobe .
based.
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Copiea of the above-twf-
erenced ordinance are
aVl:!i1able for review at the
vanous public libraries in
Monroe County, Florida.
Dated-at Key West, Flori-
da, thIa28thdayofFeb-
ruary, 2001.
DANNY L. KOLHAGE,
Clerk of the Circuit Cour-
land ex officio Cleric: of
th~ Board of County
Commissioners of Mon-
roe County,Florida
Pobr"h~ 3/1 & 318101
T"'~
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