Ordinance 013-2008 •
ORDINANCE NO. 013-2008
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 2-15.1 OF MONROE
COUNTY CODE, PROVIDING AUTHORITY FOR COUNTY STAFF AND/OR
CONTRACTORS TO ENTER ONTO PRIVATE LAND IN THE EVENT OF A
DECLARED EMERGENCY FOR REMOVAL OF DISASTER-GENERATED
DEBRIS, IN ORDER TO PROTECT THE SAFETY, HEALTH, AND WELFARE
OF THE PUBLIC; 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.
WHEREAS, Florida Statute 252.38 — Emergency management powers of political
subdivisions states that "Safeguarding the life and property of its citizens is an innate
responsibility of the governing body of each political subdivision of the state;" and
WHEREAS, Florida Statute 252.38 (3a)(5a) states that "In carrying out the provisions of
ss.252.31-252.90, each political subdivision shall have the power and authority...to waive the
procedures and formalities otherwise required of the political subdivision by law pertaining to: a)
Performance of public work and taking whatever prudent action is necessary to ensure the health,
safety, and welfare of the community;" and
WHEREAS, Florida Statute 252.52 specifies that "Sections 252.31-252.90 shall be
construed liberally in order to effectuate their purposes;" and
WHEREAS, the Monroe County Code, Section 2-15.1, provides for the authority of the
mayor, mayor pro tern, or sheriff to "declare a state of local emergency in Monroe County,
Florida, after consultation with the emergency management director;" and
WHEREAS, the Monroe County Code, Section 6.5-13, further provides for the
administrator to have temporary emergency powers "if a situation exists which poses a serious or
imminent threat to the health, safety, or welfare and the public need and convenience"; and
WHEREAS, the aforementioned statue and County Code are comprehensive for the
purpose of protecting the public health and safety; and
WHEREAS, Florida Attorney General's opinions regarding use of public funds on
private property for the health and welfare of the community, as documented in AGO 98-22 and
AGO 2002-48, indicate that the ability to remove debris from private property is firmly
established by Florida law if the general public's welfare is at stake; and
WHEREAS,from time to time after a natural disaster it is necessary to remove debris and
obstructions to get to the properties beyond the point of obstruction or to take other action to
secure the public safety; now therefore,
P:\Backup Folder\Ordinances\Emergency Entry Ord.doc
Page 1 of 2
BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS THAT:
Section 1. Section 2-15.1 of the Monroe County Code is hereby amended as follows:
2-15.1 (d) — In the event of a declared emergency, Monroe County is authorized by law to enter
onto private land for removal of disaster-generated debris, in order to protect the safety, health,
and welfare of the public; eliminate immediate threat of significant damage to improved public or
private property; and/or to ensure economic recovery of the affected community to the benefit of
the community-at-large.
Section 2. SEVERABILITY. Should any provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as
whole, or any part thereof, other than the part declared to be invalid. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property or circumstances, such
holding shall not affect its applicability to any other person,property or circumstances.
Section 3. REPEAL OF CONFLICTING PROVISIONS. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
Section 4. INCLUSION IN THE CODE OF ORDINANCES. 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. EFFECTIVE DATE. This Ordinance shall take effect on May 21; 200$ provided
that this Ordinance shall be filed with the Department of State as provided in section 125.66(2),
Florida Statutes.
PASSED AND ADOPTED at a regular meeting of the Board of County CommissiAmers
of Monroe County, Florida, held on the 2lstday of May , 2008. ? P -71
53 2F_
CD(2 C '7"3
Mayor Charles "Sonny" McCoy Yes FYI f
Mayor Pro Tem Mario DiGennaro Yes c-)^ . F 3
Commissioner George Neugent Yes ==. " __ D, -,
Commissioner Dixie Spehar Yes - ' '�;
i mmiss�oner,Sylvia Murphy Yes BOARD OF COUNTY COMMISSIONERSCD
r Y � Ni`r,' ,, ry
3 � `, OF MONROE C Y, FLORIDA w
':, ''-3 ✓ ;r' Mayor Charle "Sonny" McCoy
(SEAL-) 'r: /f
'''',A:tT EST: DAN L. KOLHAGE, CLERK
MONROE COUNTY ATTORNEY
B
AP ED AS TO FO
DEPU CLERK
NNE . U N
UNTY 0 NF.�',
P:\Backup Folder\Ordinances\Emergency Entry Ord.doc Date 1l
Page 2 of 2
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
BRANCH OFFICE:
PLANT A TION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHW A Y
PLANT A TION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 3304:0
TEL. (305) 294-4641
FAX (305) 295-3663
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.c1erk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
June 6, 2008
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7005 1160000038412075
Dear Ms. Cloud,
Enclosed are certified copies of the following:
Ordinance No. 013-2008 amending Section 2-15.1 of Monroe County Code, providing
authority for County staff and/or contractors to enter onto private land in the event of a declared
emergency for removal of disaster-generated debris, in order to protect the safety, health, and
welfare of the public; 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.
Ordinance No. 014-2008 establishing a Local Affordable Housing Advisory Committee
as required by F.S. Section 420.9076 and F.A.C. Chapter 67-37.010 replacing the Workforce
Housing Taskforce; providing for severability and repeal of inconsistent provisions; providing
for incorporation into the Monroe County Code of Ordinances; providing for transmittal to the
Secretary of State and for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on May 21, 2008. Please file for record. Should
you have any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock. D.C.
cc:
Via E-Mail to thelollowing:
Engineering-OI3-l008
BOCC
Municipal Code
County Attorney
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or on the front if space permits.
1. ArIlcle Addreesed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 south Bronough Street
Tallahassee, Florida 32399-0250
ordinances 013 & 014-2008
2. Artlc\e Number
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Domestic Return Receipt
CHARLIE CRIST
Governor
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~LORIDA DEPARTMENT of STAT~
STATE LIBRARY AND ARCHNES OF FLORIDA
KURT S. BROWNING
Secretary of State
June 10, 2008
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated June 6, 2008 and certified copies of Monroe County Ordinance Nos. 013-2008 and 014-
2008, which were filed in this office on June 9, 2008.
Sincerely,
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DIRECTOR'S OFFICE
R.A. Gray Building . 500 South Bronaugh Street . Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . http://dlis.dos.state.n.1lS
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850.245.6600 . FAX: 850.245.6744
ST A IE ARCffiVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARy SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245,6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
l ceedtngs;and that,for ,
such purpose,he may
• need to ensure that a ver-
FLORIDA KEYS batim record of the pro--.
ceedin s is made,which
nu i _�Fr yrra record includes the testi
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Published Twice Weekly -
ADA ASSISTANCE If
Marathon, Monroe County, Florida you area person with a
disability who needs spe-
i dal accommodations in.-'
PROOF OF PUBLICATION order to participate intis.!
No._7857100 proceeding;please'con-
- tact-the CountyAdminis-
NOTICE OF INTENTION trator s Office,by-phon-
STATE OF FLORIDA .-TO CONSIDER . ing(305)292 4441,be-
ADOPTION OF. tween the hours of 8:30
COUNTY OF MONROE "=COUNTY:ORDINANCE a.m.-5:OOp.m.,no later
.
Before the undersigned authority person- NOTICE IS HEREBY. than 2 working dayspnor
GIVEN TOWHOM IT ' to the scheduled meet- . '
ally appeared WAYNE MARKHA who on MAY CONCERN that on ing;if you,are hearing or
oath, says that he is PUBLISHER of the Wednesday;May21, voiceimpaired,call
".
FLORIDA KEYS KEYNOTER, ° a; twice 2008 at 3:00 P.M.,or as ?1-1_ soon thereafter as may -
<-,, weekly newspaper published in Marathon,
in Monroe County, Florida: that the tie heard,at the Key DatedatKeyWest,
-
Largo Library; Florida,this 16th day of
Tradewindssho April,2008. _ - •
Pping ' ; _
attached copy of advertisement was -Center,•LO'1485`: - --
Overseas Highway, DANNY L.KOLHAGE;_ '
published in said newspaper in the issues i Mile Marker101;Key "
Clerk of the Circuit Court
of: (date(s) of publication) i .Largo,Monroe County, and ex officio Clerk ofthe
R' Florida,the Board of ___rid
County
0_,pi u(li �/„ �' County Commi t oners Commissioners of-.
lU Moriroe Coun Florida
/ of Monroe County, ty.
Florida,intends to Publish April 26,2008 l
j consider the adoption of
the following County Florida Keys Keynoter •
- I ordinance:' -- __ __ _ `_ _
Affiant further says that the said FLORIDA 1 AN ORDINANCE OF
KEYS KEYNOTER is a newspaper published 1-THE BOARD,OFCOUNT. :
I TYCOMMISSIONERS
at Marathon, In said Monroe County, -OFMONROECOUNTY,
Florida, and that the said newspaper has !FLORIDA,AMENDING:
SECTION2-15.1 OF
heretofore been continuously published in MONROE COUNTY
said Monroe County, Florida, twice each i CODE,PROVIDINGAU-
week (on Wednesday and Saturday) and THORITY ANND/D/OUN '
TY STAFF AND/
has been entered as a second class mail CONTRACTORS TO
matter at the post office in Marathon, in : ENTER ONTO PRIVATE
LAND IN THE EVENT
Monroe County, Florida, for a period of L OFADECLARED - '
one year next preceding the first EMERGENCY FOR RE- '
i..MOVAL OF DISASTER •
-
publication of the attached copy of -_GENERATED DEBRIS, ,
advertisement. The affiant further says :.INORDERTOPRO- - Z • 'v •
TECT THE SAFETY,
that he has neither paid nor promised any r HEALTH,AND WEL, _ CD >•
person, firm, or cor ti discount, r FARE OFTHE:PUBLIC; 2o �; F .
Poraon any
PROVIDING-FORSEV- : -7r-•--• 3a "r;1
rebate, commission or refund for the / ERABILITY;PRO.VID- , - ;;:
purpose of securing this advertisement for P ING FOR THE'REPEAL ; ;�,F— .•y1
publication in the said newspaper(s) and i OCONF ALLSIS ORDINANCES ':_ L-to
INCONSISTENT HERE- - °�
that The Florida Keys Keynoter is in full WITH;PROVIDING FOR -�c =- —9 -30
compliance with Chapter 50 of the Florida INCORPORATION•. �; -it= r:�
P P INTO THE MONROE_ •)
State Statutes on Legal and Official ,COUNTY CODE OF OR,- 1 �_
i _DINANCES;AND PRO-••= Olt r
Advertisements. VIDINGAN.EFFECTIVE ' N
DATE. -_
Pursuantto"Section
286,01.0 ;Florida
f _
Sworn t0 a sub ri ed before me ' Statutes,notice is given
._that if a person decided•to'
this _ D of , 2008 appeal any decision
(SEAL-), made bytheBoard with. • CD ( � 'a-bO%
• respectto any matter;
considered at such hear-
ings-or meetings,hp will
4h-ez%-y. �4Q , a record__t_�ro-
Notary 1., lie BEVERLY TRAEGER R •
:A^• e o MY COMMISSION#D0542134 R
1?0Ffl-Q EXPIRES:Apr.18,2010
(407)398-0153 Florida Notary Service com S
Ad#7876900Private ADAASSISTANCE:If.
" land declared'e vats •
you are a person with a
disability who needs spe-
NOTICE OF-INTENTION . cial accommodations in
TO-CONSIDER • order to participate in this
ADOPTION OF
actroceethedCountyAding,please cminis on-
COUNTY ORDINANCE_ � Far
trator's Office,by phon-
P.O. Box 1.197 •Tavernier,Florida 33070-1197 NOTICE,IS HEREBY_ ing(305)292 4441,be-
(305)852-3216.. Fax:(305)852-0199 GIVEN TO WHOM IT- . ,, tween the hours of iate
MAY CONCERN that on a.m.-5:00 p,md no later
lfyednesday,May 21;- _than 2 wo'rking daysprior
PROOF OF PUBLICATION 2008at3:00P.M.;ora . . tothescheduledmeet
•soon thereafter as may _ ing;if you are hearing.or
be heard,at the Key ,voice impaired,cal6 . -,
Largo Library,, -
STATE OF FLORIDA 'Tradewinds Shopping [dated at Key West,
COUNTY OF MONROE Center;1o1485 over- 'Florida,this 16th day of
seas Highway)Mile. April,2008. ,
Marker ,101,Key L•argo, -.
Monroe County,Flori-
Before the undersigned authority personallyT 1 DANNY L.KOLHAGE, •_
da,the Board of County --• Clerk of the Circuit Court.
appeared DAVID GOODHUE who on oath, says CominissionersofMon 'and ex'officio Clerk ofthe
that he is EDITOR of THE REPORTER, a weekly roe county,Florida;in Board of CountyCom-_
tends to considerthe missioners of Monroe
newspaper entitled to publish legal advertising adoption oftnefollowing county,Florida
Countyordinance: ..
published at Tavernier, Monroe County, Florida: (SEAL).
that the attached copy of advertisement, being THE BOARDNOF COUN- 1.1
Publish:04/25/08
LEGAL NOTICE in said newspaper in the issue TYCOMMISSIONERS The Reporter-
Of: OF MONROE COUNTY Tavernier,FL 3307.0
FLORIDA,AMENDING
April 25th 2008 SECTIONOO COUNM�Y- ,-
CODE,PROVIDING AU-
Affiant further says that THE REPORTER is a .THORIN FOR COUN-
Y ,TY STAFF AND/OR
newspaper published at Tavernier, in said CONTRACTORS.TO
Monroe County, Florida, and that the said ENTER ONTO PRIVATE
Y _LAND IN THE EVENT
newspaper has heretofore been continuously OFA DECLARED
published in the said Monroe County, Florida, EMERGENCYFORRET
,-NOVAE OF DISASTER-
each week(on Friday), and has been entered as GENERATED DEBRIS;
second class mail matter at the Post Office in . IN ORDER TO PRO-••
TECT THE SAFETY ._
Tavernier, in said County of Monroe, Florida, for HEALTH,.ANDWEL=.
aperiod of oneyear next precedingthe first FARE OF-THE PUBLIC;
PROVIDING FOR SEV-"
publication of the attached copy of ERABILITY;PROVID-
advertisement; and affiant further says that she ING FOL ORDINAN R THE EA :
has neither paid nor promised any firm, person, INCONSISTENT HERE-
or corporation anydiscount, rebate, -WITH%PROVIDING FOR
p INCORPORATION
commission or refund for the purpose of INTOTHEMONROE
securing this advertisement for publication in .COUNTY
N NEs CODE
PRO-
the said newspaper and that The Reporter is in VIDINGANEFFECTIVE,
-
full compliance with Chapter 50 of the Florida DATE.
State Statutes on Legal and Official Pursuant toSectian
286.0105,Florida
Advertiseme Statutes,rioticeL .isgI eh- -
that if a person decided to .
appeal any decision
made by the Board with Nei
respect to any matter -ri
25th considered at such hear-
Sworn torand subscribed before me this 25 ingsormeetings,,hewill ^" •-y _,':
day of April 2008. need a record ofthe pro-_ c ==
ceedings;and that,for . f— ri
n i. .-i 1
such purpose,he may r_a
.tom need to ensure,that a ver- `�
C'+�� ,...... k iu:i i 4 1....5 batim record'ofthe pro- • c�• F 7�
• ceedirigs is made,=which '�' '` M�
. record includes the testi- -t ` I
Notar / DZ..®� mony and.evidence upon -� O CD
i� which the appeal is to be �j :"C
based; ___ - - t— ;,i C!l
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Cooke Communlcetlons, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office... .305.292-7777
Extension........x219
Fax...... .305-294-8025
leaals@kevsnews.com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridekeys.com
key.west.com
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NEWSPAPERS
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FLORIDA KEYS OFFICES
PrinUng / Main Facility
3420 Northside Drive
Key West, FL
33040..1800
Tel 305-292-7777
Fax 305-294-0768
citjzen~keywestcom
Internet Division
1201 'M"Iite Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
navigatO(@fIoridakeys.com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, FL (MM81,S)
33036-0469
Tel 305-664-2266
Fax 305-664..e411
freepress@floridakeys,com
Ocean Reef Office
3A Barracuda Lane
Key Largo, FL 33037
Tel 305-3674911
Fax 305-367-2191
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key West
Citizen, a daily newspaper published in Key West, in Monroe County, Horida;
that the attached copy of advertisement, being a legal notice in the matter of
71 ~P. r Jvr-6,/l/1--&~
was published in said newspaper in the issue(s) of
~~;2~. ;z..OcJ?'
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Horida and that the said newspaper has heretofore
been continuously published in said Monroe County, Horida every day, and has
been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Horida, for a period of I year next preceding 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 . s advertisement for
publication in the said newspaper.
Sworn and subscribed before me this~day of +,-4/f'"/
,2008
Notary Public:
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Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO
. CONSIDER
ADOPTION OF COUNTY
ORDINANCE 4-
•
•
NOTICE IS HEREBY GIVEN TO •
WHOM IT MAY CONCERN that on
Wednesday, May 21, 2008 at 3:00 ,
' P.M.,or as soon thereafter as may
' be heard,at the Key Largo •
Library; Tradewinds Shopping
, Center,101485 Overseas
Highway, Mile Marker 101, Key
Largo, Monroe County, Florida,
• the. oard of County Commissioners
of Monroe County ,Florida, intends•
-to consider the adoption of the
following County ordinance:
•
AN ORDINANCE OF THE BOARD •
OF .COUNTY COMMISSIONERS
OF.MONROE COUNTY, FLORIDA,, •
AMENDING SECTION 2-15.1 OF
MONROE COUNTY CODE,
PROVIDING AUTHORITY FOR ,
COUNTY STAFF AND/OR
CONTRACTORS TO ENTER ONTO •
PRIVATE LAND IN THE EVENT OF
A DECLARED EMERGENCY FOR
REMOVAL OF DISASTER-
4 GENERATED DEBRIS, IN ORDER
TO PROTECT THE SAFETY,
HEALTH, AND WELFARE OF THE
PUBLIC;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." •
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: •
•
•
ADA ASSISTANCE:-If you are a'
person with a disability•who needs
special accommodations in order to
participate in this proceeding,please,
contact the. County Administrator's
Office, by phoning,(305) 292-4441,
' between the hours 'of 8:30 a.m. -
5:00,p.m., no later than 2 working ,
days prior to the scheduled meeting;
if you are hearing or voice impaired,
. call,"71.1"•
D'ated•'af'Key West,Florida,this 16th
• day of April,2008.:_
• DANNY L:,KOLHAGE,
• Clerk of the Circuit Court
• and ex officio•
-Clerk of the.Board of-Courity
. -Commissioners of Monroe •
County,Florida
April 27.2008