Ordinance 014-2001
ORDINANCE NO.OI4 -2001
AN ORDINANCE AMENDING SECTION 8-30(B}, MONROE
COUNTY CODE; REQUIRING PLATTED LOTS WITHIN
RESIDENTIAL SUBDIVISIONS TO BE MOWED EVERY THREE
MONTHS EXCEPT FOR LOTS ACQUIRED BY PUBLIC
AGENCIES FOR RESOURCE AND CONSERVATION
PURPOSES AND LOTS WITHIN A SUBDIVISION WITH A LAND
MANAGEMENT PLAN APPROVED BY THE COUNTY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 8-30 (a), Monroe County Code ("MCC") requires that
all residential lots subdivision lots, vacant or developed, be mowed and cleared
of debris no less than every three months; and,
WHEREAS, the Monroe County Planning Director has opined that this
mandatory requirement for mowing of vacant lots under public ownership may
conflict with the conservation and resource protection purposes for which these
lots were acquired or dedicated; and,
WHEREAS, concern has been raised about the need to balance the
desire of residents for safe and well-maintained neighborhoods with the public
resource conservation and protection purposes for these public acquisition areas;
and,
WHEREAS, the U.S. Fish and Wildlife Service and Florida Department of
Environmental Protection have expressed an interest in entering into agreements
with homeowner's associations to allow these associations to maintain vacant
federally and/or state owned-lots within their subdivisions, which have been
acquired for conservation and resource protection; and,
WHEREAS, the Board of Commissioners took public testimony on
January 18, 2001, from both County staff and general public on the policy issues
related to enforcement of Section 8-30 (a), MCC; and,
WHEREAS, after discussing the policy concerns involved, the Board of
County Commissioners directed the County Growth Management Division to
prepare an amendment to Section 8-30 (a), MCC, to eliminate the requirement
for mandatory mowing of vacant lots under public ownership within public
acquisition areas and for privately-owned lots that are subject to a land
management agreement approved by the Board of County Commissioners; and,
WHEREAS, the Growth Management Division has prepared an
amendment to Section 8-30 (a), MCC, in response to the policy direction of the
Board of County Commissioners.
Page 1 of 3
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Existing Section 8-30(a), MCC, is hereby amended to read as
follows:
.. (b) For the purposes of health, safety, and general welfare of the residents of
platted residential subdivisions in the county, all residential subdivision lots,
vacant or occupied, shall be mowed and/or cleared of debris no less than once
each three (3) months, except that for subdivisions located within public
acquisition areas, publicly-owned vacant lots acquired for conservation and
resource protection purposes and private vacant lots subject to a County
approved management plan shall only be required to be cleared of debris. The
schedule for mowing and/or clearing of debris be as follows: Once during the
period from January first through March thirty-first; once during the period April
first through June thirtieth; once during the period from July first through
September thirtieth; and once during the period from October first through
December thirty-first."
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
into 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 the
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
Section 6. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to the Municipal Code Corporation for incorporation into the Monroe County
Code of Ordinances.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 22nd day of
March, AD, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
~
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'"' ""~Y.ar!~~
~~d-
(SEAL)
Attest: DANNY KOLHAGE, Clerk
By~ak1(J.~
Deputy Clerk
BY
Page 3 of 3
gfv3
3420 Northside Drive
KEVJ\.vEST
ITIZEN
Office 305-294-6641 Fax 305-294-0768
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 ofthe 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
1dL~~ ~ -.)iJv,J - 1Ir)fU~ ~ -0-J I3PK
In the ' Court, was published in said newspaper in the issues of
~ ;<. rt C}/ 200 /
Affiant further says that the Key West Citizen is a newspaper published in K,:!IY Westa
said Monroe County, Florida and that the said newspaper has hereti}'o$ been ~
continuously published in said Monroe County, Florida each day (except Sa~s) l:I rr"!
has been entered as second-class mail matter at the post office in Key ~Sf,;1b. ~ ~
Monroe County, Florida, for a period of 1 year next preceeding the first p@E:Clltio:rT"t')f 0
the attached copy of advertisement; and affiant further says that he has nei~=:'jJid!pr ~
promised any person, firm or corporation any discount, rebate, commission ~~ndf!>r ~
the purpose of securing this advertisement for publication in the said newsp~er.~ c::;. f ~
. ~ 0
Signature of Affiant
Sworn and subscribed before me this / Cj day of IYjI?Ju/I....J
,2001
~'
Signature of Notary Public
Expires: July 23. 2004
Personally Known x Produced Identification
Type of Identification Produced
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NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
, COUN tV ORDINANCE
NOTICE 'IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday, March 22, 2001, at 10:30
AM at the Marathon Government
Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida,
the Board of County Commissioners
of Monroe County, Florida, intends to
consider the adoption of the follow-
ing County ordinance:
AN ORDINANCE AMENDING SEC-
TION 8-30(B), MONROE COUNTY i
CODE; REQUIRING PLATTED
LOTS WITHIN RESIDENTIAL SUB-
DIVISIONS TO BE MOWED EVERY
THREE MONTHS EXCEPT FOR
LOTS ACQUIRED BY PUBLIC
AGENCIES FOR RESOURCE AND
CONSERVATION PURPOSES AND
LOTS WITHIN A SUBDIVISION
WITH A LAND MANAGEMENT
PLAN APPROVED BY THE COUN-
TY; PROVIDING FOR SEVERABILI-
TY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF OR-
DINANCES; AND PROVIDING AN
EFFECTIVE DATE
Pursuant to Section 286,0105, Flori-
da Statutes. notice is given that if a
person decided to appeal any deci- i
sion 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 ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida,
Dated at Key West, Florida, this 28
day of February, 2001
DANNY L. KOLHAGE. Clerk of the
Circuit Courtar,d ex-officio Clerk of
the Board of County Commissioners
of MQllroe County, Florida,
March 2 & 9, 2001
FLORIPA HE TJ
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)
7lltU~ 3, /tJ; AtllJ/
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 Kevs Kevnoter is in full
comoliance with Chaoter 50 of the Florida
State Statutes on Leaal and Official
Advertisements.
Sworn to an
thisd-Day
(SEAL)
t!!.~(fljUY .
no. 0296900
NOTICE OF INTaLTION TO ,.
CONSIDER ADOPTION OF H
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN 1t>
WHOM IT MAY CONCERN tt'la.
~ i~~;''t ~r~e 2~~t.~dn
Government Center, 2798
Oversees Highway, M.....thon,'
Monroe County, Florida. the
BOerd of County Commission-
ers of Monroe County, Florida.
intends to consider the edop-
tion of the following County or-
dinance:
AN ORDINANCE AMENDING
SECTION 8-30(B), MOilROE
COUNTY CODE; REQUIRING
PLATTED LOTS WITHIN RESI-
DENTIAL SUBDIVISIONS TO
BE MOWED EVERY THREE
MONTHS EXCEPT FOR LOTS
ACQUIRED BY PUBUC AGEN-
CIES FOR RESOURCE' AND
CONSERVATION PURPOSES
AND LOTS WITHIN A SUBDIVI-
SION WITH A LAND MANAGE-
MENT PLAN APPROVED BY
THE COUNTY; PROVlOlNG
FOR SEVERABILITY; PROVI\;>-
ING FOR THE REPEAL OF "'1::--
ORDINANCES INCOlllSISTEIIIT
HEREWITH; PROVIDING FOR
INCORPORATION INTO THE
MONROE COUNTY CODE OF
ORDINANCES; AND PROVID-
ING AN EFFECTIVE DATE
Pursuant to Section 286.0105.
Florida Stetutes. notice is given
that if a person decided to ap-
peal any decision made by the
Boerd with respect to eny mat-
ter considered at such heerings
~~r'd'~i~~~ ~o~:Jl~, a;~
that, for such purpose,'f:e may
need to ensure that a verbatim
=~~ ~hi~~e r~~~~:1.,~~~~
the testimony and 'evidence
upon which the' appeal is to be
based,
~~~ng: t~~ a~=:e~~c~
view at the various public librar-
ies in Monroe,County. Florida.
Dated at Key West, Florida, this
28th day of February, 2001
DA!'INY L.I<OLHAGE
ContInued on tile
Next Column
officio Clerk of the 8o<<d of
County Commlssion<<s of
Monroe County, Fklrk/fa
Publish March 3, 10. 2001.
Florida Keys Keynoter
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NO: 8746900
NOTICE OF INTENTION <J,\'
TO CONSIDERADOP. ~
TION OF COUNTY OR.
DINANCE
NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that 011
Thursday, March 22,
2001, at 1 0:30AM at the
Marathon Government
Center, 2798 Overseas
Highway, Marathon,
Monroe County, Florida,
the Board of County
Commissioners of Mon-
roe County, Florida, in-
tends to consider the
adoption of the following
County ordinance:
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:
AN ORDINANCE
AMENDING SECTION
8-30{B), MONROE
COUNTY CODE; RE.
QUIRING PLATTED
LOTS WITHIN RESI.
DENTIAL SUBDIVI.
SIONS TO BE MOWED
EVERY THREE
MONTHS EXCEPT FOR
LOTS ACQUIRED BY
PUBLIC AGENCIES
FOR RESOURCE AND
CONSERVATION PUR.
POSES AND LOTS
WIT",UN A RIIRnlVl.
SION WITH A LAND
MANAGEMENT PLAN
APPROVED BY THE
COUNTY; PROVIDING :X
FOR SEVERABILITY' a
PROVIDING FOR THE ~ :t....
REPEAL OF ALL ORDI.::a I.,
NANCES INCONSIS. S r "."
TENT HEREWITH' . . I ::;l1;: '"
PROVIDING FOR IN. g ~ ...'
CORPORATION INTO c:-~
THE MONROE COUN. z?O 0
TY CODE OF ORDI. -f (") r-
NANCES; AND PRO. :<..::x:
VIDING AN EFFECTIVE"rl' ;;..,.
DATE j; ,.;,
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 Advertiseme
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 hear-
ings or meetings, he will
need a record of the pro-
ceedings, and that, for
such purpose, he may
need to ensure that a ver-
,. batim record of the pro-
ceedings is made, which
record includes the testi-
mony and evidence upon
which the appeal is to be
based,
Copies of the above.ref-
erenced ordinance'are
available for review at the
various public libraries in
Monroe County, Florida.
Date~ at Key West, Flori-
da, thiS 28th day of Feb-
ruary, 2001
DANNY L. KOLHAGE
Clerk of the Circuit Cou'rt
and ex officio Clerk of the
Board of County Com.
missioners of Monroe
County, Florida
Publish: 3/1 & 3/8/01
The Reporter
",~_a-- ~. 44#11....
""~,,, Anna M Hines
~~~MY CommiSSion CC715804
~ );;~m'M' 3~2002
. Notary
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11Bannp 1.. }Solbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
April 4, 2001
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee, FL 32316-235
Via Certified Mail 7099340000059118 7128
Dear Ms. Jefferson,
Enclosed please find certified copies of the following:
Ordinance Number 012-2001 amending Section 6-66(7) Monroe County Code, in order to
include in the prohibited actions mismanagement or misconduct which causes financial harm to
another contractor.
Ordinance Number 013-2001 creating Sec. 2.1-5, Monroe County Code, providing for
definitions; providing that the possession of or consumption from open containers of alcoholic
beverages while upon public or semi-public areas open for vehicular travel, commercial
establishment parking lots, or property owned by or under lease to the County is prohibited.
J
Ordinance Number 014-2001 amending Section 8-30(B), Monroe County Code; requiring
platted lots within residential subdivisions to be mowed every three months except for lots
acquired by public agencies for resource and conservation purposes and lots within a subdivision
with a land management plan approved by the County.
These Ordinances were adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on March 21,2001. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court and
ex-officio Clerk to the
Board of County Commissioners
Municipal Code Corporation
April 4, 2001
Page 2
by: Isabel C. DeSantis
~dJ(7, ~
Deputy Cler
Cc: Board of County Commissioners
Monroe County Sheriff, 013-2001
County Administrator w/o documents
Growth Management
County Attorney
/File
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Divisioo of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Di vision of Licensing
MEMBER OF THE FLORIDA CABINET
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 Preservatioo Board
Historic Tampa/Hillsborough County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RING LING MUSEUM OF ART
April 10, 2001
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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 April 4, 2001 and certified copies of Monroe County
Ordinance Nos. 012-2001 through 016-2001, which were filed in this office on
April 9, 2001.
Sincerely,
u~e~
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos,state.fl.us
MunIcipal Code 'Corporition
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PO Box 2235
I Tallahassee, FI 32316-2235
Supplelient 72
04/1712001
! We have re~ejYed the following material through,
! hard copy. Thank you for your assis,tance and
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Ordinance Nos. 012-2001, 013-2001 and 014-2001.
800-262-2633 fax 850-575-8852 BJJ
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TO:
"5. Isabel C. Desantis
Deputy Clerk
Monroe County
500 Whitehead Street
Key West, FL 33040
02.
'I,Ull" 'I If,. II 'HIIl"I'" I 1'.'.111 '1111' II. I, """11'1"
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