Ordinance 042-1999
ORDINANCE NO. 0421999
AN ORDINANCE AMENDING SECTION 15.5-18 (b)(1), MONRSE \D.."
COUNTY CODE; CLARIFYING EXISTING LANGUAGE; ~ \D ;=
PROVIDING FOR SEVERABILITY; PROVIDING FOR REP~~ ~ gJ
OF ALL ORDINANCES INCONSISTENT HEREW~;:: ~ ."
PROVIDING FOR INCORPORATION INTO THE MONg~ Q ~
COUNTY CODE OF ORDINANCES; AND PROVIDING FOR~~ !; :::0
EFFECTIVE DATE ~: ';: G. ~
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WHEREAS, on July 22, 1999, the Monroe County Board' of Cou~ 0
Commissioners adopted Ordinance 031-1999 repealing Chapter 15.5, Monroe
County Code ("MCC"), and creating a new Chapter 15.5, MCC, for the
identification and elimination of cesspools in the unincorporated area of the
County; and,
WHEREAS, the Florida Department of Health staff has identified to the
County staff its concerns with the language in Section 15.5-18 (b)(1), MCC; and,
WHEREAS, the County staff has prepared a revision to Section 15.5-18
(b)(1), MCC, deleting ambiguous language to address the concerns raised by the
Florida Department of Health;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Existing Section 15.5-18 (b)(1), MCC, is hereby amended to
read as follows:
If the property owner has an OSTDS permit, he shall submit a
completed operating permit application with a copy of the OSTDS
permit and other requested information.
Section 2. If any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 3. All ordinances or parts of ordinances In conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. 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.
Page 1 of 2
Section 5. 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.
Section 6. The Clerk of the Board is hereby directed to forward a copy
of this Ordinance to Municipal Code Corporation for incorporation into the
Monroe County Code of ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 14th day of
October, AD, 1999.
Mayor Wilhelmina Harvey yes
Commissioner Shirley Freeman yes
Commissioner George Neugent yes
Commissioner Mary Kay Reich yes
Commissioner Nora Williams yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~
eputy erk
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By \...U ~..... . ~1...~~ ......~
Mayor/Chairman
Page 2 of 2
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BRANCH OFFICE
3117 OVERSEAS IDGHWA Y
MARAlHON, FLORIDA 33OSO
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
November 12, 1999
BRANCH OFFICE
88820 OVERSEAS IDGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
CERTIFIED HAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 042-
1999 clarifying existing language providing for severability;
Providing for 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 in formal session on
October 14, 1999. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. Desantis
JbaL1~41V'~
Deputy Clerk /
cc: Municipal Code Corporation
Board of County Commissioners
County Administrator
Growth Management Director
County Attorney
File
Vol
Is your RETURN ADDRESS c4f'pleted on the reverse side?
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Thank you for using Return Receipt Service.
Z 408 337 i:60
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Do not use for Intemational Mail See reverse
\1lJ'nicipal Code Corporation
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Sa-vices
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COlmty Preservation Board
Historic Pensacola Preservation Board
Historic SI Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
RINGLlNG MUSEUM OF ART
November 18, 1999
Honorable Danny L. Ko1hage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of November 12, 1999 and certified copy of Monroe County Ordinance
No. 042-1999, which was filed in this office on November 18, 1999.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mai/.dos.statejl.us
~unicipal Code Corporation
info@mail.tunicode.co.
PO Box 2235
Tallahassee, FI 3231~-2235
Supplement 67
11'22/1999
We have received the folioYing material.
Thank YOU for your assistance and cooperation.
Ordlnance No. 042-1999.
800-262-2633 fax 850-575-8852 SAC
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TO:
~s. Isabel C. DeSantis
Deputy Clerk
~onroe County
500 Whitehead Street
key West, FL 33040
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Yilllr Upper Keys CrJnflectilJfr OCT 0 8 1999
PORTER
P.O. Box 1197. Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority
personally appeared DONNA STUTTS,
who on oath, says that she is PUBLISHER
of THE REPORTER, a weekly newspaper
entitled to publish legal advertising
published at Tavernier, Monroe County,
Florida: that the attached copy of
advertisement, being a LEGAL NOTICE in
said newspaper in the issue of:
September 23 & 30, 1999
Affiant further says that THE REPORTER
is a newspaper published at Tavernier, in
said Monroe County, Florida, and that the
said newspaper has heretofore been
continuously published in the said
Monroe County, Florida, each week (on
Thursday), and has been entered as
second class mail matter at the Post
Office in Tavernier, in said County of
Monroe, Florida, for a period of one year
next preceding the first publication of the
attached copy of advertisement; and
affiant further says that he has neither
paid nor promised any firm, person, or
corporation any discount, rebate,
commission or refund for the purpose of
securing this advertisement for
publication in the said newspaper and that
The Reporter is in full compliance with
Chapter 50 of the Florida State Statutes on
~:;i!Z;fments.
Sworn to and subscribed before me this
6~ Day of rrr~~-L- ,1999
.,~, Anna M Hines
(SEAL) ~~~MY Commission CC71S8Q4
"'" n"" ExpIres March 31. 2002
t2x/}~J ~. f+LtJ
Notary -
NOTICE OF INTENTION
TO CONSft)EIt.
AOOPTION.OP~ "
COUNTY ORDINANCE
NOTICEISHEREBY
.GIVEN TO WHOM IT
MAY CONCERN that on
Thursday, October 14,
1999; at 10:30AM aithe
Harvey Center-Truman
School, 1200 Truman
Avenue, Key West, Mon-
roe County, Florida, the
Board of County Com-
missioners of Monroe
County, Florida, intends
to consider the adoption
of the following County
ordinance:
AN ORDINANCE
AMENDING SECTION
15.5-18(b)(1}, MONROE
COUNTY CODE; CLAR-
IFYING EXISTING LAN-
GUAGE; PROVIDING
FOR SEVERABILITY;
PROVIDING FOR RE-
PEAL OF ALL.ORDI-
NANCES INCONSIS-
TENT HEREWITH;
PROVIDING FOR IN-
CORPORATION INTO
THE MONROE COUN-
TY CODE OF ORDI-
NANCES; AND PRO-
VIDINGAN EFFECTIVE
DATE
Pursuant to Section
286.0105, Florida
Statutes, netiC(! is giv~o
that if a person decides to
appeal any decisi~
made by'the Bo~ with
respect to any atter
considered a e hear-
ing, he will ed a record .
ofthe pro . dings, and
that, for ch purpose, he
may n d to ensure that
a ve atim record ofthe
pr eedings is made,
ich record includes the
" testimony and evidence
upon which the appeal is
to be based.
. :t
Copies of the above-ref-O ~
erenced ordinance are:z: ..".
availabieforreview at th&Et""> Z
various public libraries i;jfl~-<
Monroe County, Florids.(")' r
D~~at~eYWe~, F~~~"
da. this,l7th day Cif$ep-.-.. 0
tembElr. 19~9~ '. :<~~
DANN'(t,;.1<OLHAGE, "'It' E;
ClerJttjfthe Circuit cour&: ".,
and ex offICio Clerk of the
Board of County Com-
missioners of Monroe
COI,Inty. Florida
Published:~123& 9130/99
The .ReI>OlWr
Ta~mier, FL33070
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fLORIPA KE fS
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared TOM SCHUMAKER who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in fvlonroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
J11 t1Jt/;fA ~
, '!-tiJ;-kf;(/ /997
Affiant further says that the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The 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 this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Kevnoter is in full
comoliance with Chaoter 50 of the Florida
State Statutes on Le al and Offi ial
Advertise ts.
Sworn to and su
th isSfhDay of
(SEAL)
, 1999
no. 3045900
NonCI; OF INTENTION 1'0
CONSIDER ADOPTION OF
COUNTY ORDINANCE
_{t9.1J'if~S M1~'b~~'irtJ.?
~~99:,,:~g'b At'~e H~~~
WooC1I.\!::;e:ru~~~u;'c~~
West;~qnrOeCounN. Floricle.
the .~ (II County Commls-
sio,.. QfMC>1>rOe CountY. Flori
de. .lri~s 'to consider, the
~ Df the following Coun-
tY Mdioance:
AN ORDINANCE AMENDING!
~N~~b~~~(1t~W~~~
EXISTI.NG LANGUAGE, PRO-
VIDING FOR SEVERA81LITY;
PROVIDING FOR REPEAL OF
ALL .ORDINANCES INCONSIS-
TENT HEREWITH: PROVIDING
FOR INCORPORATION INTO
Tm MuNROE COUNT'rCODE
OF ORDINANCES: AND PRO-
VIDINGAN EFFECTIVE DATE.
PutSl,l8llt to Section 286.0105.
Floride Statutes. notice is given
thet if e person decicIes to ep-
pel!' eny decision made by the
Ba<<d with ....pect to eny met-
ter conside/'ed et the he....ng. he
wiN need e. record of the pro-
=~nK:' ~h~ort~"';,~;;
thet e verbatim record of the
pr~ is made. which re-
cord IIlcludes the testimony end
evidence upon which the appeei
is to be besed.
~ t~ ~'::l:;1;~:'~
view at tl)e various public librar-
ies III Monroe County. Floride.
Deted et Ke West. Floride. this
,..~,~..--.._-,."....._.-
DANNY..K .GE.
CfIel'I":ll'tfie ... -. Court
end ex officio CWI1tClf .. Boer
of County Cominlsllieners
MonroeCQUnty.Floride
Publish Septe<r)ber 25. October
2. 1999.'
FlolilJl'Keys Keynoter ,
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K",\RVISI
IT IZEN
Office 305-294-6641 Fax 305-294-0768
3420 Northside Drive
Key West FL 33040
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
dvertisement, being a legal notice in the matter of
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In the - ~_ ~ourt, was published in said newspaper in the issues of
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Floridaeach day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding 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 this advertisement for publication in th said newspaper.
Signature of Affiant
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NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOf.1IT MAY CONCERN that on
Thursday October 14, 1999, at 10:30
a.m., at the Harvey Center - Truman
Schoo/,1200 Truman Ave.. Key
West, Monroe County, Florida. The
Board of County CommiSSioners of
Monroe County intends to consider
the adoption of the following County
ordinance:
AN ORDINANCE AMENDING SEC.
15.5-18(b)(1), MONROE COUNTY
CODE CLARIFYING EXISTING
LANGUAGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINAN-
CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUN~
TY CODE OF ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given that If a
person decides to appeal any deci-
sion made by the Board with respect
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings, and that for such purpose.
he may need to ensure that a verba-
tim record of the proceedings .
made, which record includes the evi-
dence upon which the appeal is to
be ~sed.
Copies of the above-referenCed ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 16th .
day of Aug, 1999.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex-officio Clerk 01
the Board of County CommiSSioners
of Monroe County, Florida.
Sept. 24th & October 1 st, 1999
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3420 Northside Drive
Office 305-294-6641 Fax 305-294-0768
Published Daily
Kev West Monro.: County, Florida 33040
- .
ST ATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
dvertisement, being a legal notice in the matter of
. ..
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Floridaeach day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida., for a period of 1 year next preceeding 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 securiog this advertisement for p~
Signature of Affiant
Sworn and subscribed before me thisl \ ~':ay of ~~ ... ....._' 1999
I\.W
nature of Notary Public
Expires Oct. I I, 2002
Personally Known ~___ Produced Identification
Type of Identification Produced
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NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY '
-ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday October 14; 1999,at 10:30
a.m.,at the Harvey Center-Truman
School, 1200 Truman Ave.. Key
'West, Monroe County, Florida. The j
'Board of County Commissioners of
;Monroe County intends to consider
:the adoption of the following County ,
ordinance:
AN ORDINANCE AMENDING SEC.
15.5-18(b)(1),MONROE COUNTY •
CODE CLARIFYING EXISTING ,
' LANGUAGE;PROVIDING FOR
SEVERABILITY;PROVIDING FOR '
THE REPEAL OF ALL ORDINAN- '
CES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
TION INTO THE MONROE COUN-
• TY CODE OF ORDINANCES;AND
.PROVIDING AN EFFECTIVE DATE:
Pursuant to Section 286.0105, Flori- ,
da Statutes notice is given that if a ,
'person decides to appeal any deci-
sion made by the Board with respect
to any matter considered'at the hear-
ing, he will need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is'
made,which record includes.the evi-'
dence upon which the appeal is to •
be based.
Copies of the above-referenced ordi-
•nance are available for review at the
,various public libraries in Monroe
County,Florida.
Dated at Key West, Florida,this 16th.
day of Aug, 1999:
DANNY L.KOLHAGE,Clerk of the
Circuit Court and ex-officio Clerk of ,
, .the Board of County Commissioners_
of Monroe County,Florida. ,
Sept.24th&October 1st,1999