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Ordinance 015-2008 ORDINANCE NO. 0] <; -2008 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 6-4, MONROE COUNTY CODE (UNSAFE BUILDING); 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, on April 17, 2002, the Board of County Commissioners passed Ordinance 10-2002 adopting the 2001 version of the Florida Building Code; and WHEREAS, Section 2 of Ordinance 10-2002 ("Unsafe Buildings") provided that all unsafe buildings would be abated using a standard unsafe building abatement code promulgated by the Southern Building Code Congress International, Inc.; and WHEREAS, the Southern Building Code Congress International, Inc. merged with several other regional code councils and became the International Code Council (ICC), and it is therefore necessary to update this reference in the Monroe County Code. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Existing Section 6-4 of the Monroe County Code is hereby repealed in its entirety. Section 2. A new Section 6-4 is hereby created, as follows: Section 6.4. Unsafe buildings. (a) Definitions: All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire or windstorm hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health shall be deemed to be unsafe structures and a permit shall be obtained to demolish the structure or where specifically allowed by this section, to bring the building into compliance with the applicable codes as provided herein. (b) Physical Criteria. (1) A building shall be deemed a fire hazard and/or unsafe when: (a) There is an accumulation of debris or other material therein representing a hazard of combustion. 1 (b) The building condition creates hazards with respect to means of egress and fire protection. (2) A building, or part thereof, shall be presumed to be unsafe if: (a) There is a falling away, hanging loose or loosening of any siding, block, brick, or other building material. (b) There is a deterioration of the structure or structural parts. (c) The building is partially destroyed. (d) There is an unusual sagging or leaning out of plumb of the building or any parts of the building and such effect is caused by deterioration or over-stressing. (e) The electrical, plumbing or mechanical installations or systems create a hazardous condition contrary to the standards of the Florida Building Code and the National Electric Code. (f) An unsanitary condition exists by reason of inadequate or malfunctioning sanitary facilities or waste disposal systems. (g) There is no potable water service or electrical service. (h) The construction of the building or construction or the installation of systems or components within the building has been commenced or completed without a permit having been obtained or where the permit has expired prior to appropriate inspections and completion and the issuance of a Certificate of Occupancy or Certificate of Completion. (i) The building or structure is vacant and abandoned, and covered at doors or windows with materials not previously approved by the Building Official. (j) By reason of illegal or improper use, the occupancy or maintenance does not comply with the Building Code, or the code in effect at the time of construction. (k) The building or part thereof meets the physical criteria of an unsafe structure set forth above and has not been repaired and brought into compliance with the Building Code following the expiration of the reasonable periods after notice to the property owner by the Code Enforcement Inspector, Fire Marshal, or Building Official. (3) Abatement Required: (a) All unsafe buildings, structures or systems are hereby declared illegal and shall be abated by repair and rehabilitation or demolition. (b) All swimming pools or spas that contain stagnant water or do not conform with Sec. 424.2.17 of the Florida Building Code are 2 deemed unsanitary and/or dangerous to human life and public welfare. If the stagnant water is not removed and/or all repairs made and brought into full compliance with the Building Code within a reasonable period of time, then these swimming pools or spas will be demolished. Section 3. If any section, subsection, sentence, clause, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected such invalidity. Section 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict. Section 5. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto, and the Monroe County Code shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 6. 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 18th day of June, 2008. Mayor Mario DiGennaro Yes Mayor Pro Tem . Charlf's "Sonny" McCoy Yes Commissioner George Neugent Yes Commissioner Dixie Spehar Yes Commissioner Sylvia J. Murphy Yes . L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~j{f~ c:)c. ,...." = = => c... <= Z N W '"'" ::J:: By: Mayor/Chairpersog Cl ~~~ .'.l ..::::: ~".' :=~ ~. ~~, ~ U1 o -) :.) - 3 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHW A Y MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 June 23. 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 1160000038412457 Dear Ms. Cloud, Enclosed is a certified copy of Ordinance No. 015-2008 amending Section 6-4, Monroe County Code (Unsafe Building); 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on June 18, 2008. Please file for record. Should you have any questions please feel free to contact me at (305) 295-3130. Danny 1. 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 the following: Growth Management BOCC Municipal Code County Attorney File r'- LrJ D Aestril:te O8.l\.f'f'/ Fo() ....0 (Endo~ en 'lit nl~11Iiled) .-'l .-'l -- ~:! trrl hi I" / Total I )0 80ll ,s. Fees . , ~ ..:.:: ~~:::::;;:.'i.:,;'-'_'."'~I""":i-j ;~~~: f2i~~~~~~~:'I~:~::--~~j~,bl25i ,. q_...h. . !I~.I~M.' SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: Ms. Liz Cloud, Program Admin. Administrative Code & Weekly R.A. Gray Building 500 S Bronaugh Street Tallahassee FL 32399-0250 (Ordinance 015-2008) 2. Article Number (Transfer from service label) PS Fonn 3811, February 2004 COMPLETE THIS SECTION ON DELIVERY A Signature x D Agent o Addressee . Date of Delivery ~ 3. Service Type D Certified Men D Express Mall o RegIstered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1160 0000 3841 2457 Domestic Return Receint I; " KEY©WGSr ITIZEN STATE OF FLORIDA The Florida Keys OnlyDaiy Newspaper,Eat 187E COUNTY OF MONROE Cooke Communications,LLC . Florid "�•"" — ;fore the undersigned authority personally appeared Randy G. Erickson,who Mars, NOTICE OF INTENTION TO oath says that he is Vice-President of Advertising Operations of the Key West CONSIDER 1zen,a daily newspaper published in Key West,in Monroe County, Florida; Adve pDOPRDINTION NF COUNTY ;t the attached co of advertisement,beinga legal notice in the matter of ORDINANCE Vt66--- P gPO B • Atodie-14--- - m Keys l NOTICE IS HEREBY GIVEN'TO, OExtel WHOM IT MAY.June 18,CONCERN that Extel on Wednesday,June 18, 2008 at ,� � Ke6)(frif4/0-4,-if,ria41)r-l2Fax. t3.00P.M., or as soon thereafter tas may be heard, at the Mara-; IecLthon Government Center, 2798 IS ublished in said newspaper in the issue(s) of Overseas Highway, Mile Marker, INTERN50, Marathon, Monroe County, /f/ /� / / �0, keywest.cFlorida, the Board of County [it 1eysne41Commissioners of Monroe County, key-west Florida, intends to consider the key-west • fiant further says that the Key West Citizen is a newspaper published in Key Web De:adoption of the following County• 'ordinance: , ' ;St, in said Monroe County, Florida and that the said newspaper has heretofore NEWsf NIcontinuously published in said Monroe County, Florida every day, and has The Citi: AN ' ,ORDINANCE ': OF , THE' en m Soulhtered as second-class mail matter at the post office in KeyWest, in said Solareesn BOARD OF' COUNTY COMMIS-' Big Pine SIONERS OF MONROE rnroe County, Florida, for a period of 1 year next preceding the first `Maratho, COUNTY,•FLORIDA, AMENDING blication of the attached copy of advertisement; and affiant further says that he Islamora,SECTION 6-4, -'MONROE: Key Lary 3 neitherpaid norpromised anyperson, firm or corporation anydiscount, Ocean F COUNTY CODE (UNSAFE P Seaport; BUILDING); PROVIDING' FOR)ate, commission or refund for the purpose of securing this advertisement for SEVERABILITY; • PROVIDING blication in the said newspaper. MAGA FOR THE.REPEAL OF ALL OR- Hoe er me G DINANCES INCONSISTENT' Citizen L HEREWITH; PROVIDING FOR Paradise INCORPORATION INTO THE' Keys Tv MONROE COUNTY CODE OF' • MARK;ORDINANCES; AND-PROVIDING Signature of Affiant Commer AN EFFECTIVE DATE. . • Citizen L Direct M;Pursuant to Section "286.0105,, ' FLORIL Florida Statutes, notice,is given rorn and subscribed before me this_day of Zie,n e ,.,_ ' ,2008 Printinr,that if a person,debided to-appeal ' 3420 Noi any-decision made by the Board • Key Wes;with respect to any matter consid- 33040-11 ered at such hearings or meetings,_Mary Public: Tel 305 Fax 305-; PUBLIC HEARINGS , citizen@' rsha F. Kir ood ' he will need a record of the pro-1( Internet! .ceedings, and that, for such pur- :� C'�?� Key120 weal pose, may a; he need to ensure that ' /Key '' 33040-32' a verbatim record of the proceed- C Tel 305 L.,ings is made, which record in- Fax 305-2 'dudes the testimony and evidence Fes: September 15,2009 Notary Seal sales@ke,• upon which the appeal is to be , • based. • Middle K hi„RSi lA F.K!RrNvGOD tv 6363 Oven. ADA ASSISTANCE: If you are a z%'';o, Marathon,i'person with a disability who needs i °» ;:.'. Notary Rublic-State of Florida -n Q o 33050334' special accommodations in order _ V A4y Commission Ex es Se 15,2009 O cr, .y Tel 305-74 p =':�" r p Fax 305-74 to participate in•this proceeding, ,, r s Commission DO 472020 C_ `-, navigators %�,.„„ r'n.-:`` C� ...-' please contact the County Admin-� Bonded"y National Notary Assn. m�-,. � �� istrator's Office, by phoning (305) : B E r; Upper Ke 292 4441, between the hours of �nally Known x Pru" edidentYfta one ;-� 61549Oldl PO Box 461 8:30 a.m. 5:00 p.m.,no later'.'than of Identification Produced c Islamorada, 2 working days prior to the sched-- <=--`' 33036-046:. uled meeting;if you are hearing or --'c-)'._ = >,1 Tel 305-66 i `<••-�. Fax 30536 voice impaired,call"711". -.r1— — freepress@li } i 0 Dated at Key West, Florida, this ' - n GS Y Ocean Re 22nd day of.May,2008. 3A Barracud Key Largo,F DANNY L.KOLHAGE, Tel 305 367• Clerk of the Circuit Court Fax 305367• and ex officio Clerk of the Board of County ' Commissioners of - Monroe County,Florida • Ad#0317200 Repair ADA'ASSISTANCE:If' The unsafe buildings you area wilt) needs with a Reporter NOTICE OF INTENTION disability person with spa c-TO CONSIDER. cial accommodations in. • ADOPTION EO = orderto participate in this P.O.Box 1197 •Tavernier, Florida 33070-1197 ADOPTI ORDINANCE •Proceeding;please con- (305)852-3216 Fax:.(305)852-0199 tact the County Adminis-_ • -v- trator's Office,by phon- 'NOTICE•IS HEREBY • , "ing(305)292-4441,be= PROOF OF PUBLICATION `•' GIVEN TOWHOMIT . a.m.- -5:00P.m,nol hours of aer MAY CONCERN that on a.m. 5:00 p.m:,no Pater Wednesday,June.18, than 2working days prior - '2008 at 3:00 P.M.,or-as _ I to the scheduled meet-_'' I soon.thereafter as may ing;if you are hearing or.: STATE OF FLORIDA .-be heard,at the Mara • - COUNTY OF MONROE voice impaired;call :.': then Government Cen- -ter,2798 Overseas - : . -. .__ - ' Highway;Mile Marker Dated at Key West,Flori Before the undersigned authority personally 50,Marathon,Monroe da,this 22nd day of-May, - County,Florida,the 2008. - appeared DAVID GOODHUE who on oath, says Board-ofCountyCom= • ' that he is EDITOR of THE REPORTER, a weekly missionersofMonroe DANNYL.KOLHAGE, newspaper entitled topublish legal advertising county,Florid a,intends Clerk of the Circuit Court` g to consider the adoption : •and ex officio Clerk of the published at Tavernier, Monroe County, Florida: `. ordinance:of the following County. - Board of County Corn- that the attached copyof advertisement, being , _ j -snissioners,ofMonroe County,.Florida LEGAL NOTICE in said newspaper in the issue 1.. AN ORDINANCE OF, : (SEAL): - _ -THE BOARD OF COON-_ _ - ,- of: l--TY-COMMISSIONERS" - Publish:05/30/08 = OFMONROECOUNTY, The Reporter 3Oth 2008 FLORIDA,AMENDING. Tavernier,FL 33070 _ May : SECTION 674,MONROE - • COUNTY CODE(UN- - Affiant further says that THE REPORTER is a ' 'PROVBUILDING); iN�OR'SEV- newspaper published at Tavernier, in said t INRG BoRTHE RE ILITY;PROEAL Monroe County, Florida, and that the said OF ALL ORDINANCES newspaper has heretofore been continuously ;.w;TH;PROVIDING F.OR,• published in the said Monroe County, Florida, ,-INCORPORATION - each week (on Friday), and has been entered as r'T°TH VIODE oR second class mail matter at the Post Office in DINANCES;AND PRO Tavernier, in said County of Monroe, Florida, for •-VIDINGA_NEFFECTIVE a period of one year next preceding the first DATE: .- - publication of the attached copy of Pursuant to Section advertisement; and affiant further saysthat she ' 2a6.0105,'Florida - Statutes,notice is given' has neither paid nor promised any firm, person, - that if a person decided to or corporation any discount, rebate, ---appeal any decision- -- - made by the Board with ' commission or refund for the purpose of rasp"ecttoany-matter '=• • securing this advertisement for publication in considered'atauch hear- - "ings or meetings,he will the said newspaper and that The Reporter is in need a record of the pro- full compliance with Chapter 50 of the Florida ceedings,and.that,for.• State Statutes on al and Official I neck purpose,he may e need to ensure that a ver.- Advertisements. batiin record Of the pro eeedings-isrriade,which . record includes the testi • - ;-mony and evidence upon • , which the appeal is to be.• �_-- based. , -3- N -:a Sworn to and subscribed before me this 30t" --� c) m 4 m day of May 2008. o C- `y ;;1 ter-:: �� 1 .c........._D 3 . (...b ‘N.4.4...0.1.:_t c.),„: ,_____._, __:.,„.„, c:-.) ,,-.? r— G MARGAREIJ.WHISENHUNT 3> P`/ ` '-, MY COMMISSION#DD443753 - �%-.L;;ii i EXPIRES:JUN 22,2009 ' ;,°' Bonded through 1st State Insurance respect to any matter • F Lamp K E Y s !`considered atsuch hear-_ �: R] ings or meetings,he will" £ � >` need a record ofthe pro-- i \ r t% ( r-1 cr,�> ceedings,and that for .v i f. 1 such purpose,he may " EE ,11 - — j-need to ensure that a ver- Published Twice Weekly batim record of the pro, ceedings is made,which i Marathon, Monroe County, Florida record includes the testi- - mony and evidence upon IWhich the appeal is to be PROOF OF PUBLICATION . based. ADA ASSISTANCE:"If -you are a person with a' STATE OF FLORIDA ._disability who needs spe- cial accommodations°in ' . COUNTY OF MONROE - -order to participate in this Before the undersigned authority person- • proceeding,please con-. ally appeared WAYNE MARKHAM who on tact the County Adminis- trators Office,byplion oath, says that he is PUBLISHER of the ; ing(305)292-4441;be- FLORIDA KEYS KEYNOTER, a twice tween the hours of8:30 " a.m.-5:00 p.m:,no later-.-i weekly newspaper published in Marathon, than 2working days prior meet- in Monroe County, Florida: that the to the scheduled _ --ingrlf-you h-are earing or-,.- ---- - - attached copy of advertisement —was ;_voice impaired,call .- published in said newspaper in the issues • of: (date(s) of publication) No.0332300 - •Dated at Key West, ._'- + , 'NOTICE OF INTENTION Florida-this 22nd day of _rn TO CONSIDER - Y,2008. 1 ` ADOPTION OF " .. DANNY L.KOLHAGE, • COUNTY ORDINANCE Cierk-of the Circuit Court NOTICE IS HEREBY" and ex officio"Clerk of the. GIVEN TO WHOM IT Board ofCoLnty_> , ; Affiant further says that the said FLORIDA • ;MAYCONCERNthaton. Commissioners of. yday, Monroe County,-Florida KEYS KEYNOTER is a newspaperpublished 2008at :00P. .,ora . 2008 at 3:00 P.M.;'or as " publish May 31,2008 at Marathon, in said Monroe County, soon thereafterasmay Florida Keys Keynoter Florida, and that the said newspaper has ,Mabe rath nGoie - _: }Marathon Government • heretofore been continuously published in 1Center,2798Overseas said Monroe County, Florida, twice each i5O Mary, onMile Monroe oe y 50,Marathon,Monroe week (on Wednesday and Saturday) and iCounty,Florida;the has been entered as a second class mail Board of ounty - Commmissimissioners of. matter at the post office in Marathon, in IMonroeCounty,Florida,' Monroe County, Florida, for a period of intends to consider the adoption ofthe following one year next preceding the first Countyordinance: publication of the attached copy of I'A ' . IAN ORDINANCE OF advertisement. The affiant further says ;THE BOARD OF that he has neither paid nor promised any ICOUNTY N - firm, or corporation anydiscount, COMMISSIONER$OF a 1-:: person, PI MONROE COUNTY, o ,-;, - rebate, commission or refund for the FLORIDA,AMENDING -" •I SECTION 6-4,MONROE c's":' = = purpose of securing this advertisement for COUNTY CODE --ri publication in the said newspaper(s) and (UNSAFE BUILDING); ' �,- - q C) that The Florida Keys Keynoter is in full SEVER • INGFOR c-� Y y SEVERABILITY; ; ,• = d =; -CI ?? compliance with Chapter 50 of the Florida 'PROVIDINGFORTHE ; �,r : State Statutes on Legal and Official ORDINANCES:REPEAL OF ' i - t !ORDINANCES " '-` w 7,0 �� t�'p J Advertisements. INCONSISTENT__, f'' HEREWITH;, = - PROVIDING FOR- - ' �` —,.- 'INCORPORATION,. //�/ �-. INTO THE MONROE�� COUNT(CODE OF . S ornpt�o d ubs ib d before me `-ORDINANCES;AND I thisd0 4 OT % 2008 PROVIDING AN EFFECTIVE DATE: (SEAL) 1 Pursuant to Section 286.0105,Florida Statutes,notice is.given 4,7a _//Z6Ser-- ,that if a person decided to;ea decision, , •�rP�4, BBEVERLY TRAEGER ma y the MY COMMISSION#DD542131 Notary debythe-Board with i We E;(pIRES:Apr.18,2010 (407)398-01V , i Notary Service.corn CHARLIE CRIST Governor I-I'~....~ ~LORIDA DEPARTMENT of STAT~ STATE LIBRARY AND ARCHIVES OF FLORIDA KURT S. BROWNING Secretary of State June 26, 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 23, 2008 and certified copies of Monroe County Ordinance No. 015-2008, which was filed in this office on June 25, 2008. Sincerely, ~~ ::r 0 ~ )> ;:Onz ~C~ :'~-;. or ....... = = "'" '- c:: :z w o U:l ,_.. Liz Cloud Program Administrator -u :Ji: ~ .r:- C1\ r- LC/srd ]:'" DIRECTOR'S OFFICE R.A. Gray Building - 500 South Bronough Street . Tallahassee, Florida 32399-0250 850.245.6600 . FAX: 850.245.6735 . TDD: 850.922.4085 . bttp:/ldlla.dos.stllte.O.us COMMUNITY DEVELOPMENT 850.245.6600 . FAX: 850.245.6643 STATE LIBRARY OF FLORIDA 850.245.6600 . FAX: 850.245.6744 8T A IE ARCHIVES 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 ADMINISTRA rIVE CODE AND WEEKLY 850.245.6270 . FAX: 850.245.6282