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Ordinance 031-2013ORDINANCE 031 - 2013 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 19 -33 OF THE MONROE COUNTY CODE; PROVIDING FOR AN EXCEPTION TO RIGHT -OF -WAY USE PERMITS TO ALLOW LIMITED LANDSCAPING BY HOMEOWNERS ASSOCIATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2010 the Monroe County Code ( "Code ") was amended to prohibit permits to be issued for boulders or landscaping within the County's public right -of -way; and WHEREAS, with the current and ongoing installation of wastewater systems in Monroe County, wastewater lift stations are being installed in the County's public right -of -way; and WHEREAS, property/home owners associations in these areas have expressed a desire to plant limited landscaping to beautify the area surrounding the wastewater lift stations; and WHEREAS, the property/homeowner association in order to obtain a permit should be required to provide a agreement to maintain the landscaping so the County will not be burdened with the cost of maintenance; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Section 19 -33 shall be amended to read as follows: County public right -of -way use permits shall be required for all roads and streets to be constructed or improved in existing rights -of -way; and all roads and streets that are to be dedicated to the county; all construction or installation or maintenance of any public or private utility as provided for in section 19 -36; and any structure, driveway, culvert, pavement, or object in the right -of -way or easement, other than those constructed or maintained by the county, within rights -of -way of the county road system as defined in F.S. § 334.03. Construction or installation within county -owned canals and county -owned waterways will likewise require a permit. A permit from the Florida Department of Transportation is required for the construction of accessways to or construction within the rights -of -way of any part of the state highway system as defined in F.S. § 334.03. A permit cannot be obtained for boulders or landscaping within the county public right -of -way, except that a property/homeowners association, as set forth in Chapter 720, Florida Statutes, may be issued a permit for limited landscaping around wastewater lift stations when the association provides a written agreement recorded in Monroe County Official Records that promises for all maintenance of landscaping to be the sole responsibility of the association. 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 July ' 2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Danny Kolhage Yes ommissioner David Rice Yes mmissioner Sylvia Murphy Yes s OC.- AMY HEAVILIN, Clerk By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By M or /Chairperson c -T1 s: MONROE COUNTY ATTORNEY APPROVED AS TO FORM: n CHRISTINE M. LIMBERT- BARROWS ASSIST UNTY ATTORNEY W Date L 2 THE REPORTER P.O. Box 1197, Tavernier, F133070 92655 Overseas Hwy, Tavernier F133070 Phone 305- 852 -3216, Fax 305- 852 -0199 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the THE REPORTER, a weekly newspaper published in Tavernier, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Friday) and has been entered as a second class mail matter at the post office in Tavernier, 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 THE REPORTER is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. i1 Wa e M at Publisher Sworn to ano subscribed before me thisDay of ` 2013 (SEAL) Notary /! +'' i BEVERLY TRAEGER MY COMMISSION # DD 969749 P $' Bonded EX Notary Public l � Ad# 549922 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CON- CERN that on July 17, 2013 at 3:00 P.M., or as soon there- after as may be heard, at the Harvey Government Center, 1100 Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION- ERS AMENDING SECTION 19 -33 OF THE MONROE COUNTY CODE; PROVIDING FOR AN EXCEPTION TO RIGHT -OF -WAY USE PER- MITS TO ALLOW LIMITED LANDSCAPING BY HOME- OWNERS ASSOCIATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is giv- en that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceed- ings, and that, for such pur- pose, he may need to ensure that a verbatim record of the proceedings is made, which re- cord includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accom- modations in order to partici- pate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292 -4441, be- tween the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711 ". IJ ' i�� n (J A08NOW Dated at Key West, Florida, this 19th day of June, 2013. AMY HEAVILIN, Clerk of the Circuit Court and ex officio }, Clerk of the Board of County 0 ' h Wd 9Z In E10t Commissioners of Monroe County, Florida "003U �OJ O]IIJ PublishedJune28,2013 The Reporter Tavernier, FL 33070 �s—FLOAIDA KEYS Ad#549916 l I vy, .`' , r77 7 - ,, TT T NOTICE OF INTENTION TO :: ;;:.; ." CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN Published Twice Weekly TO WHOM IT MAY CON- Marathon, Monroe County, Florida CERN that on July 17,2013 at 3:00 P.M.,or as soon there- after as may be heard,at the PROOF OF PUBLICATION Harvey Government ,K yr, 1100 Truman Avenue, an Avenue, e West,Monroe County, Florida, the Board of County Commissioners of Monroe STATE OF FLORIDA County, Florida,intends to COUNTY OF MONROE consider the adoption of the following County ordinance: Before the undersigned authority person- ally appeared WAYNE MARKHAM who on AN F THE MONROE COUNTINANCE OY BOARD oath, says that he is PUBLISHER of the OF COUNTY COMMISSION- FLORIDA KEYS KEYNOTER, a twice ERS AMENDING SECTION 19-33 OF THE MONROE weekly newspaper published in Marathon, COUNTY CODE; PROVIDING FOR AN N TO in Monroe County, Florida: that the RIGHT-OF-WAY USE PER- attached copy of advertisement was MITS TO ALLOW LIMITED published in said newspaper in the issues Ow ERS As OC AT ONE of: (date(s) of publication) PROVIDING FOR SEVERABILITY;PROVIDING "Mt ' 20/3FOR REPEAL OF ALL ORDI- ORDI- NANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN Affiant further says that the said FLORIDA EFFECTIVE DATE. KEYS KEYNOTER is a newspaper published Pursuant to Section 286.0105, at Marathon, in said Monroe County, Florida Statutes,notice is giv- enFlorida and that the said newspaper has a that if a person decides to ppeal any decision made by heretofore been continuously published in the Board with respect to any matter said Monroe County, Florida, wice each hearings consideredr at such hearings or meetings, he will week (on Wednesday and Saturday) and need a record of the proceed- has been entered as a second class mail ings,and that,for such pur- pose,he may need to ensure matter at the post office in Marathon, in that a verbatim record of the Monroe County, Florida, foraperiod of proceedings is made,which re- MonroeI- cord includes the testimony one year next preceding the first and evidence upon which the publication of the attached copy of appeal is to be based. advertisement. The affiant further says ADA ASSISTANCE:If you that he has neitherpaid norpromised anyare a person with a ccom-ty who needs speci ccom- person, firm, or corporation any discount, modations in or to partici-j -;, pate in this proc 4 ing,he -rebate, commission or refund for the please contact t +unty r— purpose of securing this advertisement for Administrator's Oiflce,by C- publication 711 phon in the said newspaper(s) and tween hg hours of8 30 be- r~ r CD tween the of'8:30 a.m.N -,-7 that The Florida Keys Keynoter is in full -5:00 p.m.,no Iater.than fiveal o (5)compliance with Chapter 50 of the Florida scheduled calu eetdayi -if you to the _,,� p meeting;if y —0 � State Statutes on Legal and Official are hearing or votog a m impaired,call'7--1 +. r Advertisements. Dated at Key West, Florida, 4. this 19th day of June,2013. ..4 ;J AMY HEAVILIN,Clerk of the Circuit Court and ex officio I Sworn to a su cribed before me Clerk of the Board of County this SO D ' of , 2013 Commissioners of Monroe (SEAL) County,Florida Published June 29,2013 Florida Keys Keynoter • /3h" ((,4a,e S47- --1 . Notary �� *: <M fi BEVERLY TRAEGER . ah :.: MY COMMISSION M DD 969749 �•�� EXPIRES:April 18 2014 �, dt, '� Bonded Thru Notary Public Underwriters NOTICE OF INTENTION TO CONSIDER ADOPTION OF • • COUNTY ORDINANCE NOTICE lb HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17,2013 at 3:00 P.M.,or as soon thereafter as may bedWEST STATE OF FLORIDA heard,at the Harvey ejl\ Government COUNTY OF MONROE Center,1100 Truman Avenue, Est.,+. Key West,Monroe County, LC Florida,the Board of County Commissioners of Monroe Before the undersigned authority personally appeared Tommy Todd, who onCounty, Florida,intends to consider the oath says that he is Advertising Director of the Key West Citizen, a daily adoption of the following County ordinance: newspaper published in Key West, in Monroe County, Florida; that the AN ORDINANCE OF THE MON- attached copy of advertisement, being a legal notice in the matter of ROE COUNTYYBOARD A l - U� I \ 6 ft 0 (it�C e- COUNTY COMMISSIONERS !" `11'V, [Jl AMENDING SECTION 19-33 OF THE MONROE COUNTY CODE; \ 1, ' y, / PROVIDING FORAN \4-OA /� rI S Cit a/) ,(, V1J ) 4'4- S�i ( 'i S EXCEPTIONTORIGHTOFWAY �l l,V v v/'� (� �,�(� USE PERMITS TO ALLOW J LIMITED LANDSCAPING BY HOMEOWNERS ASSOCIATION; was published in said newspaper in the issue(s) of PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL 1 C Q -o 1 3 ORDINANCES INCONSISTENT v V V HEREWITH;PROVIDING FOR IRATION MONROE COUNTY INTO THE CODE OF Affiant further says that the Key West Citizen is a newspaper published in ORDIIROV DENG AND Key West, in said Monroe County, Florida and that the said newspaper has FOR AN EFFECTIVE DATE. heretofore been continuously published in said Monroe County, Florida every Pursuant to Section 286.0105, day, and has been entered as second-class mail matter at the post office in Key Florida Statutes,notice is given West, in said Monroe County, Florida, for a period of 1 year next preceding that if a person decides to appeal any decision made by the Board the first publication of the attached copy of advertisement; and affiant further with respect to any matter says that he has neither paid nor promised erson, or corporation any considered at such hearings or meetings,he will need a record of discount, rebate, commission or re for the p se of se • g is the proceedings,and that,for advertisement for publication in the id newspaper. such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal Signature of Affiant is to be based. ADA ASSISTANCE:If you area tibue._- , 2013 person with a disability L who Sworn and subscribed before me this dayof needs special accommodations in order to participate in this proceeding, my DAWN KAWZINS'(Y please contact the County Administrator's Office,by phoning Notary Public: NOTA�Y PUBLIC �a(305)292-4441,between the m e' a STAI OF FLORIEA_b -r'i hours of 8:30 a.m.-5:00 p.m.,no Comic feE157233� rs later than five(5)calendar days n - prior to the scheduled meeting;if lJll AJ\--, �zNCE 19l0 EXpI /4/201 C� f ri t you are hearing or voice r— impaired, call"711". O p Dawn Kawzinsky Dated at Key West, Florida,this Expires: 1/4/16 No 5 gal 19th day of June,2013. t -' f r7 -'':-1 CA) C ) AMY HEAVILIN,Clerk of the Circuit Court and ex officio Clerk of Personally Known x Produced Identification the Board of County Commissioners of Monroe Type of Identification Produced County, Florida June 28,2013 Key West Citizen AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER MONROE COUNTY, FLORIDA August 15, 2013 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7011 -3500- 0002 - 0450 -6064 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 031 -2013 amending Section 19 -33 of the Monroe County Code to provide an exception for homeowner's associations to obtain a permit for limited landscaping around wastewater lift stations in County public right -of -way when the homeowner's association agrees to be responsible for the maintenance of the landscaping. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on July 17, 2013. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Vitia Fernandez, D. C. cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e-mail MuniCode via e-mail File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 = _13 C3 Ln tage Postage $ $ C3 Certified Fee ru C3 e Return Receipt Fee (Endorsement Required) C3 C Restricted Delivery Fee (Endorsement Required) C3 C3 LrI Total Postage & Fees $ M Sent Toj M ------------ or PO Box No. 50D ` City State, 25� alla E A L tma L�l[LS�L�lLii it • 03l-- • 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: Aq6. L i'z Clood Am . C od 4- uJee,�l I.74 4' f 601 Id"119 svU S . grz) T l�ahc�ssee , P 32399 A. Signature Agent x DEPT. OF STATE ❑ Addressee B. Received bx C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ,,1i?S%rtiffed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7011 3500 0002 0450 6064 (Tn3nsier from service labeq PS Form 3811 February 2004 Domestic Return Receipt 102595 -02 -M -1540 RICK SCOTT Governor August 19, 2013 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Vitia Fernandez, Deputy Clerk Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 15, 2013 and certified copies of Monroe County Ordinance Nos. 025 -2013, 029 -2013, 030- 2013 and 031 -2013, which was filed in this office on August 19, 2013. Since ely, Liz Cloud Program Administrator LC /elr -� r-4 NO rn CD p N n CD N 7V c 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