Ordinance 034-2012 ry -�
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ORDINANCE NO. 034: 2012
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY o
COMMISSIONERS PROVIDING FOR REORGANIZATION AND
AMENDMENT OF MONROE COUNTY CODE SECTION 6-33;
PROVIDING FOR STORAGE OR REMOVAL OF CONSTRUCTION
MATERIALS AND DEBRIS DURING TROPICAL STORM WARNINGS,
AND HURRICANE WATCHES AND WARNINGS; 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, there is a danger to the public from unsecured building materials and debris at
construction sites during tropical storms, and hurricanes, and potential for such materials to
become airborne missiles during periods of extreme weather; and
WHEREAS,it is deemed in the interest of public safety and welfare to prevent property damage
to add to Sec. 6-33 of the Monroe County Code a provision requiring the securing or removing
of debris and materials at construction sites during tropical storm watches and warnings, and
hurricane watches and warnings;
NOW THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Monroe
County, Florida that:
SECTION 1. Section 6-33,Monroe County Code, shall be amended to read as follows:
Sec. 6-33. - Site debris.
(a)The contractor and/or owner of any active or inactive construction project shall be
responsible for the clean-up and removal of all construction debris or any other miscellaneous
discarded articles prior to receiving final inspection approval.
(b) Construction jobsites must be kept clean, such that accumulation of construction debris must
not remain on the property for a period of time exceeding 14 days.
(c)All construction related debris and/or construction related materials, shall be kept in such a
manner as to prevent it from being spread by any other means.
(d) After a tropical storm watch or warning or a hurricane watch or warning is issued, all
construction related materials,including but not limited to,roof tiles, lumber, scaffolding and
debris shall be removed from the construction site, or secured in such a manner as to minimize
the danger of such materials causing projectile damage to persons or property due to a high wind
event. This prohibition shall continue until the tropical storm watch or warning or hurricane
watch or warning is lifted.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. 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: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN 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: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of State and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 17th_day of . Oct.` , 2012.
Mayor David Rice Yesco --
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Mayor Pro Tem Kim Wigington Yes
Commissioner Heather Carruthers Yes • _-, f
Commissioner George Neugent Yes �= c"
Commissioner Sylvia Murphy Yes - - = -o
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(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest:-DANNY L. KOLHAGE, Clerk OF MONROE CO ,FLORIDA
110 B ter` P�C Z_0'J&%/2 By
=Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M. GRIMS Y
ASSISTANT COUNTY ATTORNEY
MONROE COUNTY COURTHOUSE bcourorr BRANCH OFFICE:
500 WHITEHEAD STREET,SUITE 101 o��r.� COipi,cG
KEY WEST,FLORIDA 33040 u:• .• PN PLANTATION KEY
TEL. (305)294-4641 � .t+ GOVERNMENT CENTER
o: !$1lUi o J'e 88820 OVERSEAS HIGHWAY
FAX(305)295-3663 •• `o� PLANTATION KEY,FLORIDA 33070
°F�ounry•F• TEL.(305)852-7145
BRANCH OFFICE: 1FAX(305)852-7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
5 HIGH POINT ROAD
MARATHON,FLORIDA 33050
TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070
•
FAX(305)289-6025 www.clerk-of-the-court.com TEL.(305)852-7145
FAX(305)853-7440 `
November 5, 2012
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
• 500 S Bronough Street
Tallahassee FL 32399-0250 •
Via Certified Mail 7010 1670 0001 0244 7846
•
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No.034-2012 amending Monroe
County Code Section 6-33, to clarify storage and removal of construction materials and debris on
construction sites and to provide for a requirement to remove or secure construction materials
and/or debris during a tropical storm watch or warning or a hurricane watch or warning.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on October 17, 2012. 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: Isabel C. DeSantis, D.C.
cc: MuniCode via e-mail
County Attorney via e-mail
File •
•
,NOTICE OF INTENTION TO
' CONSIDER ADOPTION OF I
COUNTY ORDINANCE I KEYIDWEST STATE OF FLORIDA
NOTICE IS HEREBY GIVEN . IZEI \'
TO WHOM IT MAY CONCERN. I,Es we COUNTY OF MONROE
I.that on Wednesday,October 17, 'plis,LLC
' 2012,at 3:00 p.m.,or,as soon
Hth re y Government'a may bp heard,er a1 the . Before the undersigned authority personally appeared Randy G. Erickson,
Center; 1200 •�
Truman Avenue,2nd floor,Key .1 . . who on oath says that he is Vice-President of Operations of the Key West
West,Florida,the Board of County•I
' .Commissioners of Monroe County; '77 Citizen, a daily newspaper published in Key West, in Monroe County,
Florida,intends to consider the •
fol
• adoption of the following County �Florida; that the attached copy of advertisement, being a legal notice in the
.
Ordinance: . .' - , •25 , matter of
• - AN ORDINANCE BY THE n
lom
MONROE COUNTY BOARD OF. Q t 0� . o f lit)VN l
COUNTY COMMISSIONERS 2 V )A�r e
' -' PROVIDING FOR
' MENDMANI OFF MONROE
pvirleA
Coc�C( 10,o ( _33 ,c; {lei5' AMENDMENT OF MONROE ! u "1" Uc J-J
COUNTY CODE SECTION 6-33; _ _ . _ __
' PROVIDING-FOR STORAGE OR..
•REMOVALOF CONSTRUCTION , was published in said newspaper in the issue(s) of
' MATERIALS AND DEBRIS
' DURING TROPICAL STORM '
WARNINGS,AND HURRICANE ' U ( Z
WATCHES ANDWARNINGS; s--,..kn4y-eA, ,
PROVIDING FOR' •
SEVERABILITY;PROVIDING, ..
' FOR THE REPEAL OF ALL• Affiant further says that the Key West Citizen is a newspaper published in
'ORDINANCES INCONSISTENT , Key West, in said Monroe County, Florida and that the said newspaper has
- i -HEREWITH;PROVIDING FOR
INCORPORATION INTO THE ' heretofore been continuously published in said Monroe County, Florida every
MONROE COUNTY CODE OF I •
day, and has been entered as second-class mail matter at the post office in Key
ORDINANCES;AND PROVIDING I
AN EFFECTIVE.DATE: West, in 'said Monroe County, Florida, for a period of 1 year next preceding
Pursuant to Section 286.0105, the first publication of the attached copy of advertisement;and-affiant further
Florida Statutes,notice is,given says that he has neither paid nor promised any person, firm or corporation any
! that if a person decides to appeal '
' any decision made by the Board ' discount, rebate, commission or refund for the purpose of securing this
with respect to any-matter ; advertisement for publication in the said newspaper.
considered at such hearings or - .
meetings,he wilt need a record of
the proceedings,and that,for such 1
!, purpose,'he,may heed to ensure
I that averbatim record of-the , '
I proceedings is made,which • ,
1 'record I Signature of Affiant
includes the testimony and• ,' -
evidence upon which'the appeal is)
to be based. ' ' 1 1-flyr)
ISworn and subscribed before me this 7 dayof S � Le-L., , 2012
• ADA ASSISTANCE:If you are l
a person with a disability who 1
needs'special accommodations in '' •
I. order to participate in this, I �pRYsd, DAWN KAWZINSKY
proceeding,please contact the Notary Public: �� { o
} P 9, e .��. n f�OTARY PUBLIC
• County Administrator's Office,by { • m �li STATE.OF FLORIDA
phoning(305)292-4441,between
the hours of 8:30 a.m.-5:00 p.m., ^Y «� `Comm#EE157233
.nolater.than ten(10)calendar I �() _, s��' `��� Expires 1/4/2016
days prior to the scheduled , , JW"" r •
meeting;if you are hearing or, I
voice impaired,call"711" I ;; —r1
i Dawn Kawzinsky ,—
•! •
Dated at.Marathon,Florida,,this + _�' :2--. r---
Expires: 1/4/16 Notary'--Se4V-i ni
i 25th day of September;2012. CDti •.--1
DANNY L.KOLHAGE,.Clerk of•the i _ f
"Circuit Court 1- (---,-- C.
and ex officio Clerk of the Board of i -Personally Known x Produced Identification = 5.r
CountyCommissioners of Monroe-I
i C.ounty,,Florida I Type of Identification Produced A ?
1 September 27,2012 • "• ' ': "® 1 r p .�
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U.S. Postal Service,.
CERTIFIED MAILTM RECEIPT
-0 (Domestic Mail Only;No Insurance Coverage Provided)
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Sent 7o Administrative Code and Weekly
Street Apt.No.R,K,Gray-BUildi tg
or PO Box No.J__Zout.tt_Brono il Street
City,State,ZI
-Tallahassee, Florida 32399-025
PS Form 3800,August 2006 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete A. Signature
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or on the front if space permits. 1 g a 8 2012
1. Article Addressed to: D. Is delivery a aaress different from item 1? ❑ Yes
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Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
3. _ Typo
Tallahassee, Florida 32399 -0250 Mari 0 Express Mail
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 8, 2012
Honorable Danny L. Kolhage
Clerk of the 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 November 5, 2012 and certified copy of Monroe County Ordinance No. 034 -2012, which was filed in
this office on November 8, 2012.
Sincerely,
ICI;41 CILGi4 CC
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us