Ordinance 031-2010A '
ORDINANCE o31 - 2010
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 8
REGARDING THE DEPARTMENT OF CODE
ENFORCEMENT; CHANGING THE DEPARTMENT NAME
TO CODE COMPLIANCE; RETAINING ALL POWERS OF
CODE ENFORCEMENT IN THE DEPARTMENT OF CODE
COMPLIANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has directed staff to change the name
of the Department of Code Enforcement to Department of Code Compliance; and
WHEREAS, the current composition of Chapter 8 of Monroe County Code reflects the
words Code Enforcement; and
WHEREAS, it is the desire of the Board of County Commissioners to adopt this name
change without changing the authority of the code enforcement department or of its
officers and inspectors;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Chapter 8 of the Monroe County Code shall be amended as follows:
Section 2. Article I shall be amended as follows:
Sec. 8 -1. - Definitions.
Sec. 8 -2. - Department of code compliance, creation.
Sec. 8 -3. - Issuance of citations by, code compliance officers.
Sec. 8 -4. - Violation citations.
Sec. 8 -5. - Enforcement of F.S. ch. 705, lost or abandoned property.
Secs. 8- 6 -8 -26. - Reserved.
Sec. 8 -1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Code Compliance Special Magistrate means a person hired by the board
of county commissioners to adjudicate violations of this Code.
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Code inspector means any authorized agent or employee of the county
whose duty it is to ensure code compliance.
Code compliance County Attorney means legal counsel for the county.
Repeat violation means a violation of a provision of this Code by a
person, who through a quasi - judicial or judicial process, has been previously
found to have violated or who has admitted violating the same provision of this
Code within five years prior to the violation, notwithstanding the violations
occur at different locations.
Sec. 8 -2. - Department of code compliance creation.
There is hereby created a department to be known as the department of code
compliance which shall have all authority of code enforcement under Florida law. The
terms code enforcement and code compliance are interchangeable where referenced in
other portions of the code. Upon the recommendation of the county administrator, the
board of county commissioners may assign the department to the division of county
government that the board determines to be appropriate. The department shall be
responsible for the enforcement of, but not limited to, the following ordinances
concerning: land development regulations, waste disposals, the comprehensive land use
plan, occupational licenses, fire, building, zoning, and sign codes, as well as any other
ordinances of the county. The county administrator, with the approval of the board of
county commissioners, shall designate a director for the department of code compliance
who shall be a full time /permanent employee of the county and whose function it shall be
to oversee and administer the operations of the code compliance department. The code
compliance director, with the approval of the county administrator, shall appoint
personnel for the code compliance department and shall designate which department
personnel will be engaged in enforcement as code inspectors. The board of county
commissioners shall provide clerical and administrative personnel as may be reasonably
required by the code compliance special magistrate for the proper performance of its
duties; however, such staff shall be under the supervision and direction of the code
compliance director.
Sec. 8 -3. - Issuance of citations by code enforcement officers.
(a) County code enforcement officers, under the direction of the code
compliance administrator, are hereby designated enforcement officers for the
purpose of enforcing the provisions of this Code pursuant to Laws of Fla. ch.
76 -435.
(b) The citations shall be uniformly printed and pre- numbered in quadruplicate
and shall list by ordinance number and section and by short, descriptive
wording the county ordinance or ordinances violated, and shall indicate the
name and address of the county court where the violation shall be tried, the
names of issuing officer and cited person, and the date of the violation. The
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form of the citation shall be reviewed and approved by the clerk of the court,
the state attorney, the court administrator, the chief judge for the 16th
Judicial Circuit, and the county administrator.
(c) The county administrator shall submit to the chief judge of the 16th Judicial
Circuit a recommended fine schedule, as adopted by resolution of the board
of county commissioners, in lieu of court appearance.
Sec. 8 -4. - Violation citations.
(a) Those county code inspectors designated by a resolution of the board of
county commissioners shall, when appropriate, according to the policy of the
board of county commissioners, have authority to issue citations for
violations of the county codes for disposition in county court as provided for
in Laws of Fla. ch. 76 -435.
(b) All forms required to make Laws of Fla. ch. 76 -435 operable shall be drafted
by the county attorney in consultation with the county administrator, the state
attorney and the various county court judges.
(c) Nothing in this chapter shall be construed to, in any way, amend or modify
Laws of Fla. ch. 76 -435 under article VIII, section 6(d), Florida Constitution.
Sec. 8 -5. - Enforcement of F.S. ch. 705, lost or abandoned property.
The county code compliance officers and county municipal service district
hazardous waste inspectors are hereby authorized to enforce the provisions of
F.S. ch. 705.
Section 3. Article II is amended as follows:
Sec. 8 -27. - Code compliance special magistrate; creation, powers and duties.
Sec. 8 -28. - Enforcement procedure.
Sec. 8 -29. - Conduct of hearing.
Sec. 8 -30. - Powers of the code compliance special magistrate.
Sec. 8 -31. - Administrative fines; liens.
Sec. 8 -32. - Duration of lien.
Sec. 8 -33. - Appeals.
Sec. 8 -34. - Notices.
Sec. 8 -35. - Amendments to F.S. ch. 162.
Sec. 8 -36. - Code compliance by other means.
Sec. 8 -37. - Passage of four years a bar to prosecutions.
Secs. 8- 38 -8 -62. - Reserved.
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Sec. 8 -27. - Code compliance special magistrate; creation, powers and duties.
(a) Creation. The office of code compliance special magistrate is hereby
created.
(b) Appointment. The board of county commissioners may appoint as many
code compliance special magistrates as it determines is necessary. The
board of county commissioners may also enter into an interlocal
agreement with a municipality or another county to use the services of
that jurisdiction's code enforcement special magistrate or to permit another
jurisdiction to use the services of the county's special magistrate. If the
board of county commissioners elects to use the services of another
jurisdiction's special magistrate through an interlocal agreement, that
special magistrate shall possess the same powers as if he had been
appointed directly by the board.
(c) Compensation. Compensation for the code compliance special magistrates
must be established by a resolution of the board of county commissioners.
(d) Qualifications. All persons appointed or retained through interlocal
agreement as special magistrate must have been members of the Florida
Bar for five years and have experience in land use and local government
law. Code enforcement special magistrates may not hold any other
appointive or elective office while serving as special magistrate except
when the special magistrate hears cases in two or more jurisdictions
pursuant to an interlocal agreement.
(e) Authority. The code enforcement special magistrate is granted the powers,
duties and authority, including the authority to impose fines and liens and
to order foreclosure of liens, granted by statute and ordinance.
Sec. 8 -28. - Enforcement procedure.
(a) It shall be the duty of the director of code, compliance through the code
inspectors, to initiate enforcement proceedings of the various codes;
however, the code compliance special magistrate shall not have the power
to initiate such enforcement proceedings.
(b) Except as provided in subsections (c) and (d) of this section, if a violation
of the codes is found, the code inspector shall notify the violator and give
him a reasonable time to correct the violation. Should the violation
continue beyond the time specified for correction, the director of the code
compliance department shall notify the code compliance special
magistrate and request a hearing. The code compliance special magistrate,
through clerical staff, shall schedule a hearing, and written notice of such
hearing shall be hand - delivered or mailed, as provided in F.S. § 162.12, or
section 8 -34, to the violator. At the option of the code compliance special
magistrate, notice may additionally be served by publication or posting as
provided in F.S. § 162.12, or section 8 -34. If the violation is corrected and
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then recurs, or if the violation is not corrected by the time specified for
correction by the code inspector, the case may be presented to the code
compliance special magistrate even if the violation has been corrected
prior to the hearing, and the notice shall so state.
(c) If the code inspector has reason to believe a violation, or the condition
causing the violation presents a serious threat to the public health, safety
and welfare, or if the violation is irreparable or irreversible in nature, the
code inspector shall make a reasonable effort to notify the violator; and the
director of code enforcement may immediately notify the code
enforcement special magistrate and request a hearing.
(d) If a repeat violation is found, the code compliance inspector shall notify
the violator but is not required to give the violator a reasonable time to
correct the violation. The code compliance inspector, upon notifying the
violator of a repeat violation, shall notify the director of code
compliance and request a hearing. The code compliance special magistrate,
through clerical staff, shall schedule a hearing and shall provide notice
pursuant to F.S. § 162, or section 8 -34. The case may be presented to the
code compliance special magistrate, even if the repeat violation has
been corrected prior to the hearing, and the notice shall so state. If the
repeat violation has been corrected, the code compliance special
magistrate retains the right to schedule a hearing to determine costs and
impose the payment of reasonable enforcement fees upon the repeat
violator. The repeat violator may choose to waive his rights to this hearing
and pay such costs as determined by the code compliance special
magistrate.
(e) If the owner of property that is subject to an enforcement proceeding
before a special magistrate or a court transfers ownership of the property
between the time the initial pleading was served and the time of hearing,
such owner shall:
(1) Disclose, in writing, the existence and the nature of the proceeding
to the prospective transferee;
(2) Deliver to the prospective transferee a copy of the pleadings,
notices, and other materials relating to code compliance
proceedings received by the transferor;
(3) Disclose, in writing, to the prospective transferee that the new
owner will be responsible for compliance with the applicable code
and with orders issued in the code compliance proceeding; and
(4) File a notice with the director of code compliance of the transfer of
the property, with the identity and address of the new owner and
copies of the disclosure made to the new owner, within five days
after the date of transfer.
(f) A failure to make the disclosures described in subsections (e)(1), (e)(2),
and (e)(3) of this section before the transfer creates a rebuttable
presumption of fraud. If the property is transferred before the hearing, the
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proceeding shall not be dismissed, but the new owner shall be provided a
reasonable period of time to correct the violation before the hearing is held.
Sec. 8 -29. - Conduct of hearing.
(a) A hearing shall be held upon request of the code compliance director, or at
such other times as may be necessary. All hearings and proceedings shall
be open to the public. Code compliance hearings shall be held at a time
and place noticed by the director of code compliance.
(b) Each case before the code compliance special magistrate shall be
presented by the county attorney, or his designee, or by the director of
code compliance, or his designee, as may be determined by the county
attorney. The code compliance special magistrate shall proceed to hear the
cases on the agenda for that day. All testimony shall be under oath and
shall be recorded. The special magistrate shall take testimony from the
code inspector, alleged violator, and any other relevant witnesses. Formal
rules of evidence shall not apply, but fundamental due process shall be
observed and shall govern the proceedings. If the county prevails in
prosecuting a case before the special magistrate, it shall be entitled to
recover all costs incurred in prosecuting the case and such costs may be
included in the lien authorized under F.S. § 162.09(3), or section 8 -31.
(c) At the conclusion of the hearing, the code compliance special magistrate
shall issue findings of fact, based on evidence of record and conclusions of
law, and shall issue an order affording the proper relief consistent with
powers granted in this chapter and by applicable statutes. The order may
include a notice that it must be complied with by a specified date and that
a fine may be imposed, and under the conditions specified in F.S. §
162.09(1), or section 8 -31, the costs of repairs may be included along with
a fine if the order is not complied with by such date. A certified copy of
such order may be recorded in the public records of the county and shall
constitute notice to any subsequent purchasers, successors in interest, or
assigns if the violations concerns real property and the findings therein
shall be binding upon the violator and, if the violation concerns real
property, any subsequent purchasers, successors in interest, or assigns. If
an order is recorded in the public records pursuant to this subsection and
the order is complied with by the date specified in the order, the code
compliance special magistrate shall issue an order acknowledging
compliance that shall be recorded in the public records. A hearing is not
required to issue such an order acknowledging compliance.
Sec. 8 -30. - Powers of the code compliance special magistrate.
The code compliance special magistrate shall have the power to:
(1) Adopt rules for the conduct of hearings;
(2) Subpoena alleged violators and witnesses to hearings. Subpoenas
shall be served by the sheriff or others authorized to serve process;
(3) Subpoena evidence;
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(4) Take testimony under oath; and
(5) Issue orders having the force of law to command whatever steps
are necessary to bring a violation into compliance.
Sec. 8 -31. - Administrative fines; liens.
(a) The code compliance special magistrate, upon notification by the director
of the department of code hat an order of the board has not been complied
with by the set time or upon finding that a repeat violation has been
committed, may order the violator to pay a fine not to exceed $1,000.00
per day per violation for a first violation, up to $5,000.00 per day per
violation for a repeat violation, and up to $15,000.00 per violation if the
special magistrate finds the violation to be irreparable or irreversible in
nature. In addition, if the violation is a violation described in F.S. §
162.06(4), the special magistrate shall, through the director of code
compliance, notify the board of county commissioners, that may make all
reasonable repairs that are required to bring the property into compliance
and charge the violator with the reasonable cost of repairs along with the
fine imposed pursuant to this section. Making such repairs does not create
a continuing obligation on the part of the board of county commissioners
to make further repairs or to maintain the property and does not create any
liability against the board of county commissioners for any damages to the
property if such repairs were completed in good faith. If, after due notice
and a hearing, a code compliance special magistrate finds a violation to be
irreparable or irreversible in nature, he may order the violator to pay
a fine as specified in this section and a hearing shall not be necessary for
issuance of the order.
(b) In determining the amount of the fine, if any, the code compliance special
magistrate shall consider the following factors:
(1) The gravity of the violation;
(2) Any actions taken by the violator to correct the violation; and
(3) Any previous violations committed by the violator.
(c) A certified copy of an order imposing a fine, or a fine plus repairs costs,
may be recorded in the public records and thereafter shall constitute a lien
against the land on which the violation exists and upon any other real or
personal property owned by the violator. Upon petition to the circuit court,
such order shall be enforceable in the same manner as a court judgment by
the sheriffs of this state, including levy against the personal property of the
violator, but shall not be deemed to be a court judgment except for
enforcement purposes. A fine imposed pursuant to this section shall
continue to accrue until the violator comes into compliance or until
judgment is rendered in a suit to foreclose on a lien filed pursuant to this
section, whichever occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the board of county commissioners,
and the board may execute a satisfaction or release of lien entered
pursuant to this section. After three months from the filing of any such lien
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that remains unpaid, the code enforcement special magistrate may
authorize the county attorney to foreclose on the lien or to sue to recover a
money judgment for the amount of the lien plus accrued interest. No lien
created pursuant to the provisions of this chapter may be foreclosed on
real property that is a homestead under section 4, article X of the State
Constitution.
Sec. 8 -32. - Duration of lien.
No lien provided under this chapter, or under F.S. ch. 162, shall continue for a
period longer than 20 years after the certified copy of an order imposing a fine has
been recorded unless within that time an action to foreclose on the lien is
commenced in a court of competent jurisdiction. In an action to foreclose on a lien,
the prevailing party is entitled to recover all costs, including a reasonable attorney's
fee that it incurs in the foreclosure. The board of county commissioners shall be
entitled to collect all costs incurred in recording and satisfying a valid lien. The
continuation of the lien effected by the commencement of the action shall not be
good against creditors or subsequent purchasers for valuable consideration without
notice, unless a notice of lis pendens is recorded.
Sec. 8 -33. - Appeals.
An aggrieved party, including the board of county commissioners, may appeal a
final administrative order of the code compliance special magistrate to the circuit
court. Such an appeal shall not be a hearing de novo but shall be limited to appellate
review of the record created before the code compliance_special magistrate. An
appeal shall be filed within 30 days of the execution of the order to be appealed.
Sec. 8 -34. - Notices.
(a) All notices required by this chapter shall be provided to the alleged
violator by:
(1) Certified mail, return receipt requested, provided if such notice is
sent under this subsection to the owner of the property in question
at the address listed in the tax collector's office for tax notices, and
at any other address provided to the director of code compliance by
such owner and is returned unclaimed or refused, notice may be
provided by posting as described in subsections (c)(1) and (c)(2) of
this section, and by first class mail directed to the addresses
furnished to the director of code compliance with a properly
executed proof of mailing or affidavit confirming the first class
mailing;
(2) Hand delivery by the sheriff or other law enforcement officer, code
inspector, or other person designated by the board of county
commissioners;
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(3) Leaving the notice at the violator's usual place of residence with
any person residing therein who is 15 years of age or older and
informing such person of the contents of the notice; or
(4) In the case of commercial premises, leaving the notice with the
manager or other person in charge.
(b) In addition to providing notice as set forth in subsection (a) of this section,
at the option of the code compliance - special magistrate, notice may also be
served by publication as follows:
(1) Such notice shall be published once during each week for four
consecutive weeks (four publications being sufficient) in a
newspaper of general circulation in the county. The newspaper
shall meet such requirements as are prescribed under F.S. ch. 50,
for legal and official advertisements; and
(2) Proof of publication shall be made as provided in F.S. §§ 50.041
and 50.051.
(c) In lieu of publication as described in subsection (b) of this section, the
notice may be posted as follows:
(1) A notice may be posted at least ten days prior to the hearing, or
prior to the expiration of any deadline contained in the notice, in at
least two locations, one of which shall be the property upon which
the violation is alleged to exist and the other that shall be at the
front door of a courthouse in the county; and
(2) Proof of posting shall be by affidavit of the person posting the
notice, which affidavit shall include a copy of the notice posted
and the date and places of its posting.
(d) Notice by publication or posting may run concurrently with, or may
follow, an attempt to provide notice by hand delivery or by mail as
required under subsection (a) of this section. Evidence that an attempt has
been made to hand deliver or mail notice as provided in subsection (a) of
this section, together with proof of publication or posting as provided in
subsections (b) and (c) of this section shall be sufficient to show that the
notice requirements of this chapter have been met, without regard to
whether or not the alleged violator actually received notice.
Sec. 8 -35. - Amendments to F.S. ch. 162.
Any subsequent amendments to F.S. ch. 162, that are in any way inconsistent with
sections 8 -1, 8 -2, and 8- 27 -8 -33, shall control over the sections to the extent of
any inconsistency.
Sec. 8 -36. - Code compliance by other means.
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Nothing in this chapter shall be construed to preempt or prohibit the county from
enforcing its codes by any other lawfully available means.
Sec. 8 -37. - Passage of four years a bar to prosecutions.
(a) All prosecutions before the code compliance special magistrate shall be
initiated within four years of the occurrence of the event complained of or
be forever barred. For the purpose of this section, the term "initiated"
means the filing of a notice of violation, issuance of a notice to appear, or
issuance of a civil citation by the code compliance department. Except,
however, that this section shall not bar the initiation of a prosecution
before the code compliance special magistrate based on the unlawful
construction of a structure below the base flood elevation level. Further,
it will not bar prosecution of the minimum standards of use of a below
base flood elevation structure as outlined in 44 CFR.
(b) After the effective date of the ordinance from which this section is
originally derived, any violation of this section, the vacation rental
ordinance, a special vacation rental permit or permit conditions, shall be
considered a new violation. Previous vacation rental leases or uses or the
failure to bring enforcement against vacation rental violations pre- dating
this section shall not act as laches or a bar to enforcement actions brought
for new violations occurring after the effective date of the ordinance from
which this section is derived.
(c) Occupancy agreements for RV spaces for a period of six months or more
in duration by an individual RV owner within a particular RV park, other
than in a designated storage area, shall be discontinued and shall not be
entered into or renewed after the effective date of the ordinance from
which this section is originally derived. Each lease, sublease, assignment
or other occupancy agreement for RV spaces of six months or more in
duration in a particular RV park, other than in a designated storage area,
shall be considered a new violation. Previous leases or agreement for
occupancy or storage of recreation vehicles on RV spaces within a
particular RV park, other than for storage in a designated storage area,
shall be discontinued and not be renewed, extended or act as laches or bar
enforcement actions brought for new violations occurring after the
effective date of the ordinance from which this section is derived.
Section 4. Article III is amended as follows:
Sec. 8 -63. - Legislative intent.
Sec. 8 -64. - Code compliance officers designated.
Sec. 8 -65. - Violations of certain codes declared a civil infraction.
Sec. 8 -66. - Schedule of violations and penalties.
Sec. 8 -67. - Amendments to F.S. ch. 162.
Sec. 8 -68. - Notice to appear.
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Sec. 8 -69. - Provisions supplemental.
Sec. 8 -63. - Legislative intent.
It is the intention of the board of county commissioners through the
adoption of this article to make available the supplemental code enforcement
procedures of F.S. § 162.21, for use in code enforcement by the county. As used
in this article, the term "code enforcement officer" means any designated
employee or agent of the county whose duty it is to enforce codes and ordinances
enacted by the board of county commissioners.
Sec. 8 -64. - Code compliance officers designated.
County code compliance inspectors under the direction of the code
compliance — director, are hereby designated code compliance officers for the
purposes of F.S. § 162.21, and this article with all powers authorized by Florida
law to enforce the codes of Monroe County
Sec. 8 -65. - Violations of certain codes declared a civil infraction.
It is hereby declared that the violation of a duly enacted ordinance or this
Code is a civil infraction. All such ordinances and codes may be enforced
through the citation procedure set forth in this article except:
(1) The enforcement pursuant to F.S. §§ 553.79 and 553.80, of
building codes adopted pursuant to F.S. § 553.73, as they apply to
construction, provided that a building permit is either not required
or has been issued by the county. For the purposes of this
subsection, the term "building codes" means only those codes
adopted pursuant to F.S. § 553.73; and
(2) Whenever else prohibited by law.
Sec. 8 -66. - Schedule of violations and penalties.
All county codes and ordinances may be enforced through this article by
means of a citation to the county court, except where prohibited by section 8 -65.
Any person cited may contest the citation in county court. A violation of a code
or ordinance shall result in the assessment of a civil penalty of $200.00 if the
person who committed the civil infraction does not contest the citation. If the
person cited contests the citation and is adjudicated in violation, fails to pay the
$200.00 civil penalty within the time allowed, or fails to appear in court to
contest the citation, judgment may be entered against the person for an amount
up to the maximum civil penalty, not to exceed $500.00. Persons receiving a
citation shall either pay the $200.00 civil penalty to the clerk of circuit court's
office, or request from the clerk a county court date to contest the citation, within
ten days of receiving the citation excluding the date of the receipt. Any person
who willfully refuses to sign and accept a citation issued by a code compliance
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officer shall be guilty of a misdemeanor of the second degree, punishable as
provided in F.S. §§ 775.082 or 775.083.
Sec. 8 -67. - Amendments to F.S. ch. 162.
(a) A code compliance officer is authorized to issue a citation to a person
when, based upon personal investigation, the officer has reasonable cause
to believe that the person has committed a civil infraction in violation of a
duly enacted county code or ordinance and that the county court will hear
the charge. Prior to issuing a citation, a code compliance officer shall
provide notice to the person that the person has committed a violation of a
code or ordinance and shall establish a reasonable time period within
which the person must correct the violation. Such time period shall be no
more than 30 days. If, upon personal investigation, a code compliance
officer finds that the person has not corrected the violation with the time
period, a code compliance officer may issue a citation to the person who
has committed the violation. A code compliance officer does not have to
provide the person with a reasonable time period to correct the violation
prior to issuing a citation, and may immediately issue a citation, if the
code compliance - officer has reason to believe that the violation presents a
serious threat to the public health, safety or welfare, or if the violation is
irreparable or irreversible.
(b) A code compliance officer shall issue a citation in a form prescribed by
resolution of the board of county commissioners containing the following
information:
(1) The date and time of issuance;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the civil infraction was committed;
(4) The facts constituting reasonable cause;
(5) The number or section of the code or ordinance violated;
(6) The name and authority of the code compliance officer;
(7) The procedure for the person to follow in order to pay the civil
penalty or to contest the citation;
(8 The applicable civil penalty if the person elects to contest the
citation;
(9) The applicable civil penalty if the person elects not to contest the
citation; and
(10) A conspicuous statement that if the person fails to pay the civil
penalty within the time allowed, or fails to appear in court to
contest the citation, the person shall be deemed to have waived the
right to contest the citation and that, in such case, judgment may be
entered against the person for an amount up to the maximum civil
penalty.
(c) After issuing a citation to an alleged violator, a code compliance officer
shall deposit the original and one copy of the citation with the county
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court. A copy shall be provided to the alleged violator and a copy retained
by the code compliance officer.
Sec. 8 -68. - Notice to appear.
(a) A code compliance officer designated by the board of county
commissioners may issue a notice to appear at a hearing conducted by a
county court if the officer, based on personal investigation, has reasonable
cause to believe that the person has violated a code or ordinance. The term
"notice to appear" means a written order issued by a code compliance
officer in lieu of physical arrest requiring a person accused of violating the
law to appear in a designated court or governmental office at a specified
date and time. If a person issued a notice to appear under this section
refuses to sign such a notice, the code compliance officer has no authority
to arrest such a person but may call upon a law enforcement officer to
witness the issuance of the notice. The law enforcement officer may take
enforcement methods that include, but are not limited to, those provided
for in F. S. ch. 901.
(b) Prior to issuing a notice to appear, a code compliance officer shall provide
written notice to the person that the person has committed a violation of a
code or ordinance and shall establish a reasonable time period within
which the person must correct the violation. Such time period shall be no
fewer than five days and no more than 30 days. If, upon personal
investigation, a code compliance officer finds that the person has not
corrected the violation within the prescribed time period, a code
compliance officer may issue a notice to appear to the person who has
committed the violation. A code compliance officer is not required to
provide the person with a reasonable time period to correct the violation
prior to issuing a notice to appear and may immediately issue a notice to
appear if a repeat violation is found, or if the code compliance officer has
reason to believe that the violation presents a serious threat to the public
health, safety, or welfare or that the violator is engaged in violations of an
itinerant or transient nature, or if the violation is irreparable or irreversible.
A violation of an itinerant or transient nature is one that takes place on a
particular parcel of property for a period of less than five days that will be
discontinued or will be moved to another parcel of property.
Sec. 8 -69. - Provisions supplemental.
The provisions of this article are an additional and supplemental means of
enforcing county codes and ordinances and may be used for the enforcement of
any code or ordinance, except as provided in section 8 -65. Nothing contained in
this chapter shall prohibit the county from enforcing its codes and ordinances by
any other means.
Version August 22, 2010 4:00 Page 13 of 14
Section 5. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6. Repeal of Inconsistent Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
Section 7. Inclusion in the Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of State of Florida.
Section 8. Effective Date.
This ordinance will take effect immediately upon receipt of official notice from the Office
of the Secretary 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 held on the 20th day of October, 2010.
Mayor Sylvia Murphy Yes
Mayor pro tem Heather Carruthers Yes
Commissioner Mario Di Gennaro Not Present
Commissioner George Neugent Yes
Commissioner Kim Wigington Yes
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NROE COUNTY BOARD OF COUNTY COMMISSIONERS
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I DANNY L. KOLHAGE, CLERK
By
Deputy Clerk Mayor Sylvia Murphy
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Version August 22, 2010 4:00 Page 14 of 14
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX(305)289 -1745
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
November 16, 2010
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 853 -7440
Via Certified Mail 70101670 0001 0244 7549
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 031 -2010 by the Monroe County Board of County Commissioners
amending Chapter 8 of Monroe County Code regarding the Department of Code Enforcement;
Changing the department name to Code Compliance; Retaining all powers of Code Enforcement
in the Department of Code Compliance; Providing for severability; Providing for repeal of
conflicting provisions; Providing for codification; providing for an effective date.
Ordinance No. 032 -2010 by the Monroe County Board of County Commissioners
approving the request by the Monroe County Planning & Environmental Resources Department
to amend the Land Use District Map Designation from Native Area (NA) to Park and Refuge
(PR) for property legally described as Block 3, Lots 3 & 4, Silver Shores Estates, Ramrod Key,
Monroe County, Florida, having real estate numbers 00211090.000000 and 00211100.000000.
Ordinance No. 033 -2010 by the Board of County Commissioners approving the request
by the Monroe County Planning and Environmental Resources Department to amend the Land
Use District map designation from Suburban Commercial (SC) to Park and Refuge (PR) for
property legally described as Whispering Pines Plat No.3, PB4 -59, Big Pine Key Tract A, Big
Pine Key, Monroe County, Florida, having real Estate Number 00286360.000000.
Ordinance No. 034 -2010 by the Monroe County Board of County Commissioners
approving the request by Clarence L. Newman and Thomas G. Newman, as Trustees under the
Clarence L. Newman Restated Revocable Trust Agreement dated August 24, 1993, for the
benefit of Clarance L. Newman; Clarence L. Newman and Thomas G. Newman, as Trustees
under the Vivian C. Newman Restated Revocable Trust Agreement dated August 24, 1993, for
�
OF COUNTV. f�'
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the- court.com
the benefit of Vivian C. Newman; and Thomas G. Newman and Deborah L. Newman,
Trustees, or their successors in trust, under the Thomas G. Newman Living Trust, dated
November 29, 2005, and any Amendments thereto, for the benefit of Thomas G. Newman
to amend the Land Use District Map district map designation from Urban Residential
Mobile Home - Limited (URM -L) to Urban Residential Mobile Home (URM) for property
legally described as Block 34, Lots 1 -10 and 16 -20, MacDonald's Plat, (PB1 -55), Stock
Island, Monroe County, Florida, having real estate number 00124560.000000.
These Ordinances were adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, held in formal session, on October 20, 2010.
Please file for the record. Should you have any questions please feel free to contact me at
(305) 295 -3130.
Respectfully submitted,
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: Growth Management
County Attorney via e-mail
File
(Domestic Mail Only; No Insurance Coverage Provide(
For delivery information visit our website at www.usps.com.
Postmark \, M
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Certified Fee
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Return Receipt Fee
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• 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 If space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
Tallahassee, Florida 32399 -0250
O KuS - 0 31 to *3
2. Article Number
(rrensfer from servke fabeO
Ps Form 3811, February 2004
A. Signature
❑ Agent
B. Received by (Printed Name) I C. Date of Delivery
NO 19t O
D. Is delivery address different from item 1 ? 13 Yes
If YES, enter delivery address below: ❑ No
3. SeyAce Type
Of Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
7010 1670 0001 0244 7549
Domestic Retum Receipt
102595.02-M -1540
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294 -4641
FAX (305) 295 -3663
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289 -6027
FAX (305) 289 -1745
b GOUNTy
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk -of- the - court.com
November 16, 2010
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316 -2235
Via E -Mail
To Whom It May Concern,
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852 -7146
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853 -7440
Enclosed please find a certified copy of Ordinance No. 031 -2010 by the Monroe County
Board of County Commissioners amending Chapter 8 of Monroe County Code regarding the
Department of Code Enforcement; Changing the department name to Code Compliance;
Retaining all powers of Code Enforcement in the Department of Code Compliance; Providing for
severability; Providing for repeal of conflicting provisions; Providing for codification; providing
for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on October 20, 2010. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
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: Growth Management
File