Ordinance 004-1988
Sheriff William A. Freeman,Jr.
ORDINANCE NO. 004 -1988
AN ORDINANCE OF THE BOARD OF COUNTY COMroHS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING A
CHAPTER OF THE MONROE COUNTY CODE ENTITLED
"ABATEMENT OF NUISANCES", ESTABLISHING THE
NUISANCE ABATEMENT BOARD OF MONROE COUNTY TO
HEAR COMPLAINTS AND EVIDENCE REGARDING
DRUG-RELATED NUISANCES ON PREMISES LOCATED IN
MONROE COUNTY, TO DECLARE SAID PREMISES
PUBLIC NUISANCES, TO ENTER ORDERS PROHIBITING
THE MAINTENANCE OF SAID NUISANCES, AND THE
OPERATION OF SAID PREMISES AND TO BRING SUIT
FOR PERMANENT INJUNCTION AGAINST SAID NUI-
SANCES; AUTHORIZING THE COUNTY ATTORNEY OR
ANY CITIZEN OF MONROE COUNTY TO SUE IN THE
NAME OF THE STATE TO ENJOIN ANY NUISANCE AS
DEFINED IN SECTION 823.05 OF THE FLORIDA
STATUTES, THE PERSONS MAINTAINING IT, AND THE
OWNER OR AGENT OF THE BUILDING OR GROUND ON
WHICH THE NUISANCE EXISTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Florida Legislature has stated that Florida is
facing a crisis of dramatic proportions due to the rapidly
increasing crime rate related to drug and substance abuse;
WHEREAS, the Florida Legislature has enacted the "Crime
Prevention and Control Act", Laws of Florida, Chapter 87-243,
authorizing counties to create administrative boards to abate
drug-related nuisances in their communities and authorizing
citizens and county attorneys to bring suit in the name of the
state to enjoin nuisances; and
WHEREAS, the Board of County Commissioners of Monroe County
is concerned about the proliferation of public nuisances on
premises located in the unincorporated areas of Monroe County and
wishes to to abate said nuisances; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
That the following chapter of the Monroe
County Code is hereby created to read as follows:
ABATEMENT OF NUISANCES
Definitions.
Nuisance Abatement Board, organization.
Operating procedures.
Conduct of hearings.
Appeals
Enjoining of Nuisances.
Rights preserved.
Sec. 1. Definitions.
(a) Public nuisance. Any place or premises within the
unincorporated area of Monroe County which has been used on more
than two occasions as the site of the unlawful sale or delivery
of controlled substances as defined in Chapter 893 of the Florida
Statutes.
(b) Board. The Nuisance Abatement Board of Monroe County.
(c) Code Enforcement Office Attorney. The attorney,
independent of the County Attorney, hired to prosecute cases
before the County's Code Enforcement Board.
(d) County Attorney. The legal counselor for the County of
Monroe or such assistant county attorney as may from time to time
be designated.
(e) Clerk. Person appointed by the county administrator of
Monroe County to perform the clerical duties necessary to carry
out the activities of the Nuisance Abatement Board.
(f) Operator. Tenant, lessee or person having control or
possession of the premises.
Sec. 2. Nuisance Abatement Board - organization.
(a) There is hereby created and established a Nuisance
Abatement Board to hear evidence relating to the existence of
drug-related public nuisances on premises located in the unincor-
porated areas of Monroe County, Florida. Said Board shall
consist of five (5) members appointed by a majority vote of the
Board of County Commissioners for two year terms and shall be
removable only for cause, except as set forth herein at (b).
Members of the Nuisance Abatement Board shall be persons who
reside or maintain business establishments in the unincorporated
Sec. I.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
2
areas of Monroe County. Membership on the Board shall include on
representative from each of the five districts of Monroe
County. The chairperson of the Board shall be an attorney duly
licensed by the State of Florida with trial experience.
(b) The initial appointments to the Nuisance Abatement
Board shall be as follows:
(1) Two members appointed for a term of two years; and
(2) Two members and the Chairman appointed for a term
of one year.
Upon expiration of initial terms, subsequent appoint-
ments for two years hall be made. Any member may be reappointed
by the Board of County Commissioners for not more than three
consecutive terms. Appointments to fill a vacancy shall be for
the remainder of the unexpired term. Any member who fails to
attend two of three successive meetings without cause and without
prior approval of the chairperson shall automatically forfeit his
appointment, and the Board of County Commissioners shall promptly
fill such vacancy for the remainder of the term.
(c) The presence of three or more members shall constitute
a quorum. Members shall be compensated at the rate of $50.00 for
each Abatement Board session attended, and shall be reimbursed
for such travel, mileage, and per diem expenses as may be au-
thorized for county employees by the relevant sections of the
Monroe County Code.
Sec. 3. Operating procedures.
(a) Any employee, officer or resident of Monroe County may
file a complaint and request for prosecution with the Code
Enforcement Office Attorney, on forms provided by the Code
Enforcement Office Attorney, regarding the existence on premises
located in the unincorporated areas of Monroe County of a public
nuisance as defined in Sec. 1, and the Code Enforcement Office
Attorney shall then give not less than three days written notice
of such complaint to the owner of the place or premises com-
plained of at the owner's last known address.
(b) The Code Enforcement Office Attorney, when he has
received the aforesaid complaint and request for prosecution and
3
has reason to believe that a public nuisance as defined in Sec.
1. exists on the premises complained of and located in the
unincorporated areas of Monroe County, and that the aforesaid
written notice has been duly sent to the owner of the premises,
shall promptly request a hearing before the Nuisance Abatement
Board.
(c) Service. The Nuisance Abatement Board, through its
Clerk, shall schedule a hearing, and written notice of said
hearing shall be sent by certified mail or hand delivered by a
Code Enforcement Officer to the owner(s) and operator(s) of the
premises complained of at their last known address at least 14
days prior to the scheduled hearing. If an attempt to reach the
owner(s) and operator(s) by hand delivery or certified mail is
unsuccessful, notice of the hearing may be by publication as
provided in Chapter 49 of the Florida Statutes, with the first
date of publication being at least 14 days prior to the scheduled
hearing.
(d) The aforesaid notice of hearing shall include:
(1) A statement of the time, place and nature of the
hearing;
(2) A statement of the legal authority and
jurisdiction under which the hearing is to be held;
(3) A reference to the particular sections of the
statutes and ordinances involved;
(4) A short and plain statement summarizing the
incidents complained of.
Sec. 4. Conduct of hearings.
(a) The chairperson of the Board may call hearings of the
Board. Hearings may also be called by written notice signed by
at least three members of the Board. The Board, at a hearing,
may set a future hearing date. The Board shall attempt to
convene no less frequently than once every month but may meet
more or less often as the demand necessitates. The Board shall
adopt rules, with the concurrence of the Code Enforcement Office
Attorney, for the conduct of its hearings. Tape recorded or
electronically recorded minutes shall be kept of all hearings and
4
all hearings shall be open to the public. The County Administra-
tor shall provide clerical and administrative personnel as may be
reasonably required for the proper performance of the Board's
duties.
(b) The Code Enforcement Office Attorney shall present
cases before the Board. All parties shall have an opportunity to
present evidence and argument on all issues involved, to conduct
cross-examination and submit rebuttal evidence, and to be repre-
sented by counsel. When appropriate, the general public may be
given an opportunity to present oral or written communications,
and if the Board proposes to consider such material, then all
parties shall be given an opportunity to cross-examine, chal-
lenge, or rebut. The Board may consider any evidence, including
evidence of the general reputation of the place or premises, in
arriving at a decision. All testimony shall be under oath and
shall be recorded. Formal rules of evidence shall not apply, but
fundamental due process shall be observed and shall govern the
proceedings. Orders of the Board shall be based on competent and
substantial evidence.
(c) During the course of any hearing, all questions con-
cerning the admissibility of evidence, procedural or substantive
due process, or issues of law shall be decided by the Chairperson
only.
(d) After considering all evidence, the Board may declare
the place or premises to be a public nuisance as defined in Sec.
1. and may enter an order immediately prohibiting:
(1) the maintaining of the nuisance;
(2) the operating or maintaining of the place or
premises; or
(3) the conduct, operation, or maintenance of any
business or activity on the premises which is
conducive to such nuisance.
All orders of the Board shall be by motion approved by a majority
of those members present and voting. The Chairperson may pass
the gavel and second a motion if no other second is forthcoming.
5
(e) An order entered under subsection (a) shall expire
after one year or at such earlier time as stated in the order.
The Board may retain jurisdiction to modify its orders prior to
the expiration of said orders.
(f) The Board may bring a complaint under Section 60.05 of
the Florida Statutes, seeking a permanent injunction against any
public nuisance, and may bring an action in the Circuit Court of
the Sixteenth Judicial Circuit to enforce its orders. The County
Attorney shall not represent the Board in these actions. The
Board may utilize the services of the Code Enforcement Office
Attorney or the County Administrator may appoint other legal
counsel to represent the Board in these actions, and pay reason-
able costs and attorney's fees for said representation.
Sec. 5. Appeals.
An aggrieved party, including the Board of County Commis-
sioners, may appeal a final administrative order of the Nuisance
Abatement Board to the Circuit Court of the Sixteenth Judicial
Circuit. Such an appeal shall not be a hearing de novo but shall
be limited to appellate review of the record created before the
Board. An appeal shall be filed within thirty days of the date
of the written order appealed from.
Sec. 6. Enjoining of Nuisances,
When any nuisance as defined in Section 823.05 of the
Florida Statutes exists, the County Attorney or any citizen of
the County may sue in the name of the state on his relation to
enjoin the nuisance, the person or persons maintaining it, and
the owner or agent of the building or ground on which the nui-
sance exists.
Sec. 7. Rights preserved.
This chapter does not restrict the right of any person to
proceed against any public nuisance under Section 60.05 of the
Florida Statutes.
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.
6
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 :$ tit
day of .J. MU.ta to ~
, A.D., 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~,~~
Mayor C airman
(SEAL)
AttestDANNY L. KOLHAGE, Clerk
~xec~,iP~
ADOPTED:
1-5* VI
FILED WITH SECRETARY OF STATE:
J -11- "-.8
EFFECTIVE DATE:
1- (~- g~
APpr'("I'":,-~' liS TO FORM
ArJL~ C'~ <_:.: ,", "i':-;'~JCfE-/~fCY.
BY
7
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, January 5, 1988 at 3:00 P.M. in Courtroom "B", 500
Whitehead Street, Key West, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO.
-1988
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING A
CHAPTER OF THE MONROE COUNTY CODE ENTITLED
"ABATEMENT OF NUISANCES", ESTABLISHING THE
NUISANCE ABATEMENT BOARD OF MONROE COUNTY TO
HEAR COMPLAINTS AND EVIDENCE REGARDING
DRUG-RELATED NUISANCES ON PREMISES LOCATED IN
MONROE COUNTY, TO DECLARE SAID PREMISES
PUBLIC NUISANCES, TO ENTER ORDERS PROHIBITING
THE MAINTENANCE OF SAID NUISANCES, AND THE
OPERATION OF SAID PREMISES AND TO BRING SUIT
FOR PERMANENT INJUNCTION AGAINST SAID NUI-
SANCES; AUTHORIZING THE COUNTY ATTORNEY OR
ANY CITIZEN OF MONROE COUNTY TO SUE IN THE
NAME OF THE STATE TO ENJOIN ANY NUISANCE AS
DEFINED IN SECTION 823.05 OF THE FLORIDA
STATUTES, THE PERSONS MAINTAINING IT, AND THE
OWNER OR AGENT OF THE BUILDING OR GROUND ON
WHICH THE NUISANCE EXISTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES OR PARTS THEREOF IN CONFLICT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 7th day of December, A.D.
1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared.........
h.E. Harrison
, who on oath says that he is ..........
,'.Gv~rtisi::[ !':ar.::.ger
of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
C-"'-._'_'~'" _', n___......- _~.'"''
attached copy of advertisement, being a
UQ.'J., r~CTlCE
l.n the matter of
Qb~ db
N~
was published in said newspaper in the issues of
~ \D , \\ \ \q<(j
Affiant further says that the said The Key West Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said newspaper has heretofore been continuously pub-
lished 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 one
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 publication in the said newspaper.
i\,,)T.\n~ rUBLIC $iL1E (I': i~_C~;~-;~
~.~~~:~;;~ ~:;~~o;>~;~ il~~ ~ ;,~~ i ~:;~ ~l
d~
(SEAL)
this --1.ff...- day of ~
COMMISSION EXPIRES:
1927.
,
SWORN ~;D SUB. S.CRIBE~. fore me
& ~'~
~. 'p---
111111
NOTICE OF INTENTION
TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
.Tuesday, January 5, 1988 at 3:00
P.M. in Courtroom "B", 500
Whitehead Street, Key West,
_ _ - Monroe County, Florida, the Board i
of County Commissioners of Monroe i
County, Florida,intends to consider !
the adoption of the following County
ordinance:
ORDINANCE NO. -1988
, AN ORDINANCE OF THE BOARD ti
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
CREATING A CHAPTER OF THE
MONROE COUNTY CODE EN-
TITLED "ABATEMENT OF
NUISANCES," ESTABLISHING '
THE NUISANCE ABATEMENT NUISANCE AS DEFIrveu-IN 5EC=1
BOARD OF MONROE COUNTY TO TION 823.05 OF THE FLORIDA
HEAR COMPLAINTS AND STATUTES,THE PERSONS MAIN
EVIDENCE REGARDING DRUG- TAINING IT, AND THE OWNER `
' RELATED NUISANCES ON OR AGENT OF THE BUILDING OR
I PREMISES LOCATED IN GROUND ON WHICH THE
MONROE COUNTY,TO DECLARE NUISANCE EXISTS; PROVIDING
SAID PREMISES PUBLIC FOR SEVERABILITY; PRO-
NUISANCES,TO ENTER ORDERS VIDING FOR THE REPEAL OF
PROHIBITING THE ALL ORDINANCES OR PARTS
MAINTENANCE OF SAID THEREOF IN CONFLICT 1
' NUISANCES, AND THE OPERA- HEREWITH; PROVIDING FOR
TION OF SAID PREMISES AND TO INCORPORATION INTO THE
BRING SUIT FOR PERMANENT MONROE COUNTY CODE; AND
INJUNCTION AGAINST SAID PROVIDING FOR AN EFFECTIVE
NUISANCES; AUTHORIZING THE DATE.
COUNTY ATTORNEY OR ANY Pursuant to Section 286.0105,
CITIZEN OF MONROE COUNTY Florida Statutes,notice is given that
TO SUE IN THE NAME OF THE if a person decided to appeal any
STATE TO ENJOIN ANY decision made by the Board with
-- ' -- , respect to any matter considered at
such hearing or meetings, he will
need a record of the proceedings,
and that, for such purpose, he may
need to ensure that a verbatim
record of the proceedings is made,
which record includes the testimony
and evidence upon which the appeal ,
is to be based.
Copies of the above-referenced or-
dinance are available for review at
the various public libraries in
Monroe County,Florida.
DATED at Key West,Florida,this
! 7th day of December,A.D.1987.
DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida - --
and ex officio Clerk of the
Board of County Commissioners -'
of Monroe County,Florida
Dec.10,17,1987 I ` -
PROOF OF PUBLICATION
•
THE FLORIDA KEYS KEYNOTER
•
•
Published Weekly .
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF' MONROE )
Before the undersigned authority personally appeared CHARLOTTE S IKORA , who on oath, says
that he is SALES 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 INTENTION
IN THE MATTER OF COUNTY ORDINANCE ABATEMENT OF NUISANCES in the
Court,was published in said
newspaper in the issues of DEC 1 6 , 2 3 , 1 9 8 7
•
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
NOTICE OFINTENTION TO,
CONSIDER ADOPTION OFF
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously COUNTY ORDINANCE
TO WHOM IHEREBY
MAV CONCERN
published in said Monroe County, Florida,each week (on Thursday)and has been entered as second •`7 that ato 3:00 P M. in January om
B" 500 Whitehead Street,Key
thesBor Monroe County
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one Commis-
sioners of Monroe County,Flori-
da,intends to consider the adop-
tionyear next preceding the first publication of the attached copy of advertisement; and affiant further ance:the following County ordi-
ORDINANCE NO.-1988 _
says that he has neither paid nor promised any person,firm,or corporation any discount, rebate, com- AN ORDINANCE OF THE
BOARD OF COUNTY COM-
MISSIONERS OF MONROE
COUNTY FLORIDA CRE-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. ATING A CHAPTER OF
THE MONROE COUNTY
CODE ENTITLED I
ABATEMENT OF NUI-
SANCES", ESTABLISHING
THE NUISANCE ABATE-
MENT BOARD OF MON-
ROE COUNTY TO HEAR
- COMPLAINTS AND EVI-
DENCE REGARDING
DRUG-RELATED NUI-
(SEAL) LOCATEDOIIN PREMISES
COUNTY TO DECLARE
SAID PREMISES PUBLIC
NUISANCES, TO ENTER
R SWORN TO AN BSCRIBED BEFORE ME THIS ORDERS - PROHIBITING
1 N THE MAINTENANCE OF
\„ _ A.D. 19 X SAID NUISANCES AND
DAY,-OF I.. f rJ T THE OPERATION OF SAID
PREMISES AND TO BRING
c SUIT FOR PERMANENT
__ "- - INJUNCTION AGAINST
> - -- THORIZING THEE COUNTY;
`% ATTORNEY OR ANY CITI-
! "- = - ZEN OF MONROE COUN-
`- OTAR'/ lTY TO SUE IN THE NAME
,ti PUBLIC STATE OF FLORIDA OF THE STATE TO EN-
- ,10 AR PUSIOfl JOIN ANY NUISANCE AS
AUG 28,1990 DEFINED IN SECTION
^ > ' ;QQNQE�; 823.05 OF THE FLORIDA
TNRU GENERAL IflS. lIAlQ� STATUTES THE PER-
- - _' SONS MAINTAINING, IT
AND THE OWNER OR
NRFRUI GNO GROUND ON
ON
WHICH THE NUISANCE
EXISTS; PROVIDING FOR
SEVERABILITY• PROVID-
' ING FOR THE REPEAL OF
ALL ORDINANCES OR
PARTS THEREOF IN CON-
FLICT HEREWITH; PRO-
VIDING FOR INCORPORA-
TION INTO THE MONROE
COUNTY CODE;
AN
FECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is given
that if a person decided to ap-
• peal anv decision made by the
• Board with respect to any,mat-
ter considered at such hearings
or meetings,he will need a rec-'
• ord of the proceedings,and that
for such purpose, he. may need.
to ensure that a-verbatim record
of the proceedings is made,
which_record•includes_the tests.;
. - 1
• i
•SENDER: Complete items.1,2,3.and 4.
G Put your address in the"RETURN TO"space on the ---
3 reverse side.Failure to do this will prevent this card from -
I 00 being returned to you.The return receipt fee will provide
—
• a you the name of the person delivered to and the date of 1
:' delivery.For additional fees the following services are i ,
�' available.Consult postmaster for fees and check box(es) —5�'� 0 1
Z. for serviceis)requested. RECEIPT FOR CERTIFIED MAIL
11. ❑ Show to whom,date and address of delivery. NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL •
A. 2. 0 Restricted Delivery. (See Reverse)
v CD Sent to
3. Article Addressed to:
0i Mrs. Liz Cloud, Chief • '
Mrs. Liz Cloud, Chief { a D+Bparnent of State
Bureau of Admin Code and Laws a Th .a t-
Department of State a P.O. State and ZIP Code
The Capitol q Tallahassee, .FL 32301
Tallahassee, FL 32301 cli
Postage • S, ..5"--7,
4. Typeof Service: Article Number ��
Certified�ee
0 Registered 0 Insured .
(Certified CI COD P 593 085 190 p�cig elivery F�
El Express Mail _ \�,f _
' Ptes tiZfeev�elive)y Fee
Always.obtain signature of addressee or agent and , . ., i.=:
DATE DELIVERED. `7,ARIturn Retept; fh9iviing • - 2�om ae Delivered 9
5. Signature—Addressees In :
m. `'RR,e..e�lu``Sn'Receielshowinn to whom rt
m X — Dad@ aed dress of Delivery p
0) 6. signature—Age
_{ X , / TOTAL Postage and Fees S_r`�0
I co
•
ARt®r i o Pdstmark or Date lI—'
•
Z 8. Addressee's Address(ONLY if requested and fee paid) E
o •
1 LL
mo to
m a
PROOF OF PUBLICATION
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared D.^.GNY WOLFF
, who on oath, says that he is ED I TOR & PUBL I SHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOT ICE
IN THE MATTER OF
in the
NOTICE OF INTENTION
Court, was ~ublished in said
issues of 12-1/ & 12-24-87
newspaper in the
Affiant further says that the said 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 said advertisement for publication in the
said newrJ:" V/~
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY OF
NOTARY PUBL. IS,,,.~
, ~011'\?'" P\;i:!,O,. <'I~','t. ,.,
MY COMMISSION EXPIRES, ~j CO~M,:."Ir;" "e~ "~', '\1
~ONDt.C ji\!-.U "t.h~R"L :~t
";, t 09 \
•
NOTICE OF INTENTION TO CONSIDER �'
1 ADOPTION OF COUNTY ORDINANCE
' NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
ii4i
Tuesday,January 5,1988 at 3:00 p.m.in Courtroom"B",500 Whitehead Street, r
Key West, Monroe-County, Florida, the Board of County Commissioners of _
Monroe County,Florida,intends to consider the adoption of the following County
ordinance:
i
ORDINANCE NO. -1988 • .
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF t
• MONROE COUNTY,•FLORIDA,CREATING A CHAPTER OF THE MONROE
COUNTY CODE ENTITLED "ABATEMENT OF NUISANCES", 1
-ESTABLISHING THE NUISANCE ABATEMENT BOARD OF MONROE
-COUNTY TO HEAR COMPLAINTS AND EVIDENCE REGARDING DRUG-
RELATED NUISANCES ON PREMISES LOCATED IN MONROE COUNTY, r•
TO DECLARE SAID PREMISES PUBLIC NUISANCES,TO ENTER ORDERS j.
' PROHIBITING THE MAINTENANCE OF SAID NUISANCES, AND THE
• OPERATION OF SAID PREMISES AND TO BRING SUIT FOR PERMANENT i
INJUNCTION AGAINST SAID NUISANCES;AUTHORIZING THE COUNTY `'
,f ATTORNEY OR ANY CITIZEN OF MONROE COUNTY TO SUE IN THE
• NAME OF THE STATE TO ENJOIN ANY NUISANCE AS DEFINED IN .,
SECTION 823.05 OF THE FLORIDA STATUTES, THE PERSONS
MAINTAINING IT,AND THE OWNER OR AGENT OF THE BUILDING OR )-
GROUND ON WHICH THE NUISANCE EXISTS; PROVIDING FOR
SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR
PARTS THEREOF IN CONFLICT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;AND PROVIDING '
- FOR AN EFFECTIVE DATE.
•
Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person
I. decided to appeal any decision made by the Board with respect to any matter 's
i considered at such hearings or meetings,he will need a record of the proceedings,
and that,for such purpose,he may need to ensure that a verbatim record of the t
' proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be based.
i Copies of the above-referenced ordinance are available for review at the various
'public libraries in Monroe County,Florida.
DATED at Key West,Florida,this 7th day of December,A.D.1987.
• - - DANNY L.KOLHAGE - t
Clerk of the Circuit Court •
of Monroe County,Florida
- ' - and ex officio Clerk of the -
Board of County Commissioners
- - of Monroe County,Florida I
Published:12117&12124187 - ,, _
.The Reporter •
Tavernier,FL 33070 !•
•
� : �
OZ -
1Dann!, 1. ltolbag~
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (3051743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
January 11, 1988
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FWRIDA 33070
TEL. (305) 852-9253
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:
Enclosed please find a certified copy of Ordinance
No. 004-1988 creating a Chapter of the Monroe County Code
entitled "Abatement of Nuisances," establishing the Nuisance
Abatement Board of Monroe County to hear complaints and evi-
dence regarding drug-related nuisances on premises located
in Monroe County, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on January 5, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
By. -.l2J.
Rosalie L. C
Deputy Clerk
cc: Municipal Code Corporation
Mayor E. Lytton
Commissioner W. Freeman
Commissioner J. Hernandez, Jr.
Commissioner M. Puto
Commissioner J. Stormont
County Attorney
C~y Administrator
t-..fi le p ,~..)~) 3 c")y S ! ell Q
........,...., ~:
Sf'( 11'1.11\ 01 Sidle
Dorothy W. Joyce
Division Director
January 14, 1988
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. ~onnolly, D. Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of January 11, 1988
and certified copy/ies of Monroe
County Ordinance(s) #88-3 & 88-4
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
1
which we have numbered
3. We have filed ~~/these ordinances in this office
on January 13, 1988.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
s~y-e~~
L~1;ad, Chief
Bureau of Administrative Code
LC/ mb
DIVISION OF ELECTIONS Room \01, r1e Capitol, Tallahossee, Florida 32301
(~U4) 469,7690