Ordinance 013-1978 •
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ORDINANCE NO. 13 — 1978 '
AN 'ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO: 10-1977 , .THE SAME BEING AN ORDINANCE EN
TITLED, "AN ORDINANCE_ PROVIDING FOR THE ANNUAL
LEVY OF A. GARBAGE' AND TRASH COLLECTION AND
DISPOSAL SPECIAL ASSESSMENT UPON ALL IMPROVED
PARCELS OF RESIDENTIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF MONROE COUNTY, FLORIDA.. .
. ETC., . " TO REQUIRE PAYMENT OF THE TOTAL ANNUAL
ASSESSMENT OR OF THE 1st SEMI—ANNUAL PAYMENT BY
JANUARY 1 OF THE CALENDAR YEAR OF SAID ASSESSMENT
- AND THE 'SECONDSEMI—ANNUAL PAYMENT DUE AND PAYABLE
BY -JUNE 1 OF THE CALENDAR YEAR ASSESSED; TO PRO—
VIDE. FOR FILING OF LIENS FOR DELINQUENT PAYMENTS . ,
ANYTIME AFTER AN ASSESSMENT DUE DATE; TO PROVIDE
FOR ADDITIONAL CHARGE OF $10.00 AT TIME OF SATIS—
' FACTION OF LIEN; TO- PROVIDE FOR CLEARING OF DEBRIS
AND NOXIOUS MATERIAL FROM VACANT PARCELS AND FOR
ASSESSMENT OF LIEN AGAINST ,THE OWNER OF SAID PAR—
CELS FOUND TO. BE IN VIOLATION AND PROVIDING PENALTY
FOR VIOLATION; PROVIDING AN EFFECTIVE DATE.
'Section 1. That Section '8 ,of Monroe County Ordinance No. 10-
1977 be and the same is hereby amended to read as follows : '
• "Section 8. For the purposes of promoting the health, safety
-'and general welfare of the residents of Monroe County, the Director . of -
the Municipal Service District is hereby authorized and empowered to
require that lands in subdivisions and outside of subdivisions in-
•eluding vacant lands .and/or improved property with residences thereon
within the unincorporated area of Monroe County be cleared of debris
and •any. noxious material.-be the same garbage, litter, rubbish, refuse, -
solid waste, trash or industrial waste and high grass or weeds which
. tend to be a breeding place or haven for snakes, rodents , insects and
vermin of all kinds and character, or .which tend to 'create a fire
hazard or endanger the .lives and property of the residents of Monroe
• County, or which- tend to create' a traffic hazard, or which tend to
create a nuisance or other unsightly or unsanitary condition. -
• For the purposes of health, safety and general welfare of the
residents. of platted residential subdivisions in Monroe County, all ' '
residential subdivision lots, . vacant or occupied, shall be mowed
. and/or cleared of. debris no less . than : once each. three 'months as
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follows : once. during the period.: from` January 1 through March 31;
once during the period from April 1 through June 30; once during
the period from July 1 through September 30; and, ,once during the
period from October 1 through December' 31. ` . •
Upon a determination by the. Director of 'the Municipal Ser-
vice District that lands in the unincorporated area of. Monroe •
County, Florida should be cleared, in accordance with the provisions
Of this Section, said Director shall .make' written demand on such
' property. owner by U.S.. Mail, return receipt: requested, .dir.ected to
his address as shown .on the current tax. rolls of Monroe ' County,
that his .property be cleared in accordance with the provisions of '
• this Section andthat- if:such demand is not complied with within
thirty (30) days from the -date thereof, the. land described in such
demand will be cleared and/or mowed by the .Municipal Service District
and the costs thereof will. constitute a lien against said land.
Thereafter, ' if .said' land not be cleared or mowed within the
thirty (30) day .period 'alloted by said demand, the employees. of the
District-may enter upon said lands and clear and/or mow same and 'the'
costs for. same .be imposed .by lien procedure authorized ,by .Section .29
of this Ordinance. '
The legal record title owner of said land "shall be •responsi
ble for compliance with Section 8 and in addition' to -the lien pro- -
vided for under this Section, any owner of property failing to comply
with the written demand as provided, for hereunder shall be guilty -of
a. misdemeanor in accordance with the penalty provided for in .Section
'36 of this Ordinance. •
Said unauthorized accumulations of refuse and/or failure to '
.'keep said parcel mowed on any property as set forth in Section 8 .
hereunder_ is hereby declared to be illegal' and prohibited. "
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- Section 2 . That Monroe County Ordinance No. 10-1974 be and
• the same:is hereby repealed . • - • • • •
- - • Section 3'.. That Section 7 of. Monroe County Ordinance No: 10-
1977 be and the same, is hereby amended -to read..as follows :
• - "Section 7 . It shal'l' be the duty of the owner of each lot,
tract or parcel of' lard in any area in. the District where. Waste. co17.
.lect'ion and disposal service is provided, having a residential unit
situate thereon, except as may _be otherwise, provided herein to
. subscribe to the garbage collection service and pay or cause to be •
paid the .special assessment or: waste fee due for each residential.
unit, be the same imposed by the annual special assessment or by the"
- special assessment imposed .after. adoption of the annual -special assess- •
ment- rollrhas been established, • • •
• Failure On. the part of• the owner of such residential property • .
• make, such assessment payment and/or to subscribe 'to said residen-
tial garbage collection service is -hereby declared illegal and- in:.
addition to such lien as iproVided. for herein shall constitutea
violation of paragraph f of Section 36 of this. Ordinance. •
• It shall be the duty of-the owner of each lot, tract or parcel
of land in any -area in. the District where .wastecollection and disposal
service is provided , having improved commercial - propertysituate hereon
to pay or, cause Wbe paid, the special assessment or waste collection
fee due for such commercial establishment by subscribing to the collec-
tion• service provided by the franchise collector servicing his district -
as provided for in -Section-25. of this Ordinance.
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Failure to subscribe and/or failure to pay the franchise col-
lector. is hereby declared to be illegal and violation shall result in
the imposition of, a lien against' said commercial property in accordance -
with the Method' for creating a special. assessment after annual roll
established under Section- 29 of this Ordinance and. in addition to
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said lien the owner of said commercial land shall be subject to the
misdemeanor penalties of paragraph f of Section 36 of this Ordinance. "
Section 4 . That Section 10 of Monroe County Ordinance No. 10-
1977 be and the same is hereby amended to read as follows :
"Section 10. The annual special assessment for residential
collection of solid waste shall be for eachonsecutive calendar year
payable in advance of the service. Special assessments may be paid
annually or semi-annually at the option of the property owner . The
annual payment or the first semi-annual payment shall be due and
payable no later than the 1st day of January of the service year and
the second semi-annual payment shall be due no later than June 1 of
the service year. The option of the property owner to pay semi-annually
must be made prior to or on January 1 of the service year by payment of
one-half of the annual assessment. "
Section 5. That Section 24 of Monroe County Ordinance No. 10-
1977 be and the same is hereby amended to read as follows :
"Section 24 . Special assessments for residential units shall
be billed on an annual basis and shall cover service for the twelve
month period from January 1 through December 31 of the assessment year .
Payment of the annual assessment for residential collection shall be
either by an annual payment for the full assessment made no later than
January 1 of the assessment year or shall be at the option of the tax-
payer payable semi-annually by payment of one-half of the annual assess-
ment by January 1 of the assessment year and by a second semi-annual
payment paid no later than June 1 of the assessment year . "
Section 6. That Section 28 of Monroe County Ordinance No. 10-
1977 be and the same is hereby amended to read as follows :
"Section 28. Anytime after January 2 of any service year, if
the first semi-annual payment or annual payment has not been paid , the
residential assessment shall continue as a special assessment lien if
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• the .Board of County Commissioners during that assessment year shall
cause to be filed in the Office •of . the Clerk of the Circuit Court of
Monroe County, a Notice of Lien or: statement showing a legal descrip-
tion of the real property against which the lien. is claimed. The
• property location by street and number, the name of the owner as
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reflected by the records- of the County and an accurate statement of
the total amount of unpaid and delinquent waste fees claimed :to be
due under said -assessment .shall be provided'. However , prior to said
lien, the Director. may first remind the property owner of his delin-
quency but, 'such a reminder notice is not mandatory upon the- Director
• and wherever possible should be given: If the first special assess- .
ment semi-annual payment is not received by January 1, then the lien
shall be for, ' the entire annual assessment for the service year. The
second semi-annual payment . shall be delinquent: if not .,paid on 'or .
. before June .l. A copy _of such •notice. of lien shall also be mailed
to the .owner of the property involved as shown by the records of the
• County. Such notice of lien shall:'be •filed in the Official Records •
maintained' by the Clerk of the Circuit Coat for such purpose, which
• contain an . index, listing ,alphabetically the names of owners against
whom such. liens have been filed . In the event the County fails to . . =
• file a notice of lien as aforesaid by December 3l . of the assessment
year for which said delinquent residential assessment had occurred;
said . lien shall cease to exist. Such; liens, if filed, . may be dis-
charged and .satisfied by payment to the County the aggregate amount
specified. .in the waste lien docket book, together with interest
thereon from the date the special assessment fee became delinquent
-to the payment date with interest computed at the rate of four per .
cent (4/) per annum, together with- an additional sum of $10.00 for
abstracting and •recording .cost if any. ., When such lien has beenZfully
'paid or discharged; the County shall promptly causeevidence o'f the
satisfaction or. discharge of such lien- to be entered in. the Official '
Records . - Any person, firm, corpora.te. or legal entity, other than the
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present owner of the property involved, who pays any such lien shall
be entitled to receive an assignment of the lien held by the County
and shall be subrogated to the rights of the County in respect of the
enforcement of such lien. Delinquent assessments after recordation
of the lien may be collected by appropriate civil action for damages
and in addition to the collection of the lien, interest as called for
in the Ordinance shall be collected, together with attorneys fees and
costs for collection of same.
Section 7 . That Section 29 of Monroe County Ordinance No. 10-
1977 be and the same is hereby amended to read as follows :
Section 29. Special Assessment after Annual Roll Established.
RESIDENTIAL ASSESSMENT
The Monroe County Building Department shall notify the Director
of the Monroe County Municipal Service District of the Request for
issuance of any certificate of occupancy for any residential property
in Monroe County, Florida , and said Director shall in writing notify
the Board of the name of the owner of said property and the legal
description of the property and the nature of the improvement and the
Board: shall by resolution affix the assessment against said improved
property; in accordance with the assessment figures previously esta- : _
blished for such type of improvement and said property shall be added
to the District ' s real property record cards. The assessment shall be
prorated to reflect the number of months actual collection service
remaining in the assessment term that said property became obligated
to receive garbage and trash collection service. A certified copy of
said resolution signed by the Chairman of the Board and attested to
by the Clerk shall be furnished to the County Tax Collector who shall
in turn collect the sums so assessed from the property owner. The
assessment shall become a lien against the property from the date of
issuance of the resolution. The registered property owner shall have
60 days to pay said assessment imposed under this section and all such
assessments not paid within 60 days of the date of said resolution
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shall remain a lien and shall be collected by the District by the
filing of a notice or statement of lien within 120 days of the date
of said resolution. Said notice or statement of lien shall be filed
in the Official Record Books of the County and thereafter shall be
collectible in the same manner and shall have the same status as
the regular annual assessment which may be levied by the District.
COMMERCIAL ASSESSMENTS
The franchise collector shall notify the Director of the
Monroe County Municipal Service District of any commercial account
being serviced by him which is delinquent in payment of the monthly ser-
vice charge due. Said Director shall in writing notify the Board of the
name of the owner of said property and the legal description of the
property and the amount due and the Board shall by resolution affix
the assessment against said improved commercial property in accordance
with the commercial rates previously established for such type, size
and frequency of commercial services and said property shall- be liened
as of the date of said resolution and a Notice of Lien shall be filed
in the Official Record 'Books of Monroe C ounty' and thereafter shall be
collectible in the same manner and shall have the same status as the
regular annual assessment levied against residential properties by
the District for garbage and trash collection and disposal.
LOT CLEARING AND/OR MOWING ASSESSMENTS
After having given written notice to a property owner whose
property was cleared or mowed by the District pursuant to the pro-
visions of Section 8 of this Ordinance, the Director of the Monroe
County Municipal Service District shall in writing notify the Board
of the name of the owner of said property and the legal description
of same and of the District 's costs of clearing and/or mowing said
land and the Board shall by resolution affix the assessment against
said property for the cost of such clearing and/or mowing and said
property shall be liened as of the date of said resolution and a
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Notice of Lien shall be filed in the Official Record Books of the
County and a copy mailed by certified mail to the property owner
and thereafter said lien shall be collectible in the same manner
and shall have the same status as the regular annual assessment
levied against residential properties by the District for garbage
and trash collection and disposal .
Section 8. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknow-
ledging receipt of certified copy of this Ordinance and that said
Ordinance has been filed in said office.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
• NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday,
September 5th, 1978 at 1 :00 o ' clock P .M. at the Monroe County Courthouse
Annex, 500 Whitehead Street,: Key West, Florida , the. Board of County Com-
missioners of Monroe County, Florida intends to consider the adoption of
the following County Ordinance:•
ORDINANCE NO. - 1978
AN ORDINANCE AMENDING MONROE COUNTY ORDINANCE
NO. 10-1977 , THE SAME BEING AN ORDINANCE EN-
TITLED "AN ORDINANCE PROVIDING FOR THE ANNUAL
LEVY OF A GARBAGE AND TRASH COLLECTION AND`DIS-
POSAL SPECIAL ASSESSMENT UPON ALL IMPROVED PAR-
CELS OF RESIDENTIAL PROPERTIES WITHIN THE UNIN-
CORPORATED AREA OF MONROE,COUNTY, FLORIDA. . .
ETC. "T:O REQUIRE PAYMENT OF THE TOTAL ANNUAL ASSESS
MENT OR OF THE 1ST SEMI-ANNUAL PAYMENT BY JANUARY T1
OF THE CALENDAR YEAR OF SAID ASSESSMENT AND THE
• SECOND SEMI-ANNUAL PAYMENT DUE AND PAYABLE BY JUNE
1 OF THE CALENDAR YEAR ASSESSED; TO PROVIDE FOR
FILING OF LIENS FOR DELINQUENT PAYMENTS ANYTIME
AFTER AN ASSESSMENT DUE DATE; TO PROVIDE FOR ADDI-
TIONAL CHARGE OF $10.00 AT TIME OF SATISFACTION OF
LIEN; TO PROVIDE FOR CLEARING OF DEBRIS AND NOXIOUS
MATERIAL FROM VACANT PARCELS AND FOR ASSESSMENT OF
LIEN AGAINST THE OWNER''OF SAID PARCELS FOUND TO BE
IN VIOLATION; PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida ' this 15th day of August, A.D. 1978.
RALPH W. WHITE
Clerk of the Circuit . Court of
Monroe County, Florida and
ex officio Clerk of the Board
of County Commissioners
Publish: August 17 , 1978
j>~trttart! af j>tat~
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
Jesse J. McCrary, Jr.
I)avid Cardwell
SECRETARY OF ST,ll.TE
Di~ector. Division of Elections
9041488-7690
October 6, 1978
Honorable Ralph W. White
Clerk of Circuit Court
Post Office Box 379
Plantation Key, Florida 33070
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes; this will acknowledge:
,.,t.
Receipt of your letter/s
and certified copy/ies of
County Ordinance/s No./s
of October 2, 1978
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78-13
2.
Receipt of
relative to
County Ordinance/s
3.
Receipt of an original/Is and certified copy/ies of
County Ordinance/s No./s
,,<.
We have filed this/these Ordinance/s in this office
October 6 1978.
5. We have numbered this/these Ordinance/s
and was/were filed in this office
1978.
6. The original/duplicate copy/ies showing filing date
is/are being returned for your records.
Cordially,
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
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