Ordinance 033-2013j
ORDINANCE NO. 033 - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 21 -72
AND SECTION 21 -77 OF THE MONROE COUNTY CODE;
PROVIDNG AUTHORIZATION FOR SPECIALTY
HAULER LICENSE TO BE SUSPENDED OR REVOKED
BY COUNTY ADMINISTRATOR OR DESIGNEE;
PROVIDNG FOR ENFORCEMENT BY THE CODE
COMPLIANCE DEPARTMENT; 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, the Monroe County Code ( "Code ") was revised by Ordinance No. 019-
2012 providing for definitions, regulations, and penalties related to specialty haulers; and
WHEREAS, Section 21 -72 only authorizes the County Administrator to revoke or
suspend a license and in order to allow for the County Administrator's designee to also
have the authority to suspend or revoke a license, Section 21- 72(e)(10) of the Code
should be amended; and
WHEREAS, Section 21 -77 of the Code provides for violations to be prosecuted in
the same manner as misdemeanors and in order to clarify that enforcement by the
County's Code Compliance Department is also allowed, Section 21 -77 of the Code
should be amended to allow for such enforcement;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 21- 72(e)(10) shall be amended to read as follows:
(10) The County Administrator or designee is authorized to suspend or
revoke the license of a collector when the administrator or
designee determines that the collector has violated a provision of
this section. Before suspending or revoking the license, the
Administrator or designee must afford the collector an opportunity
to offer such evidence as the collector deems necessary to support
1
J
his position, although the Administrator or designee is not bound
to consider, and may reject, evidence that is cumulative,
slanderous, or irrelevant. The Administrator or designee's
decision on a suspension or revocation must be in writing and state
the reasons therefore. The decision is the final administrative
action of the County. This subsection (e)(10), is cumulative to all
other lawful remedies and procedures available to the County for
the enforcement of its ordinances, including, but not limited to:
prosecution as a second degree misdemeanor; issuance of citations
to appear in County court; prosecution before the County Code
Enforcement Board or special magistrate; and suits for injunctive
relief.
SECTION 2: Section 21 -77 Penalties shall be amended to read as follows:
(a) Violation of this Section may be prosecuted in the same manner as misdemeanors
are prosecuted. Such violations shall be prosecuted in the name of the state in a court
having jurisdiction of misdemeanors by the prosecuting attorney thereof, and upon
conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the County jail not to exceed sixty (60) days or by both such fine and
imprisonment.
(b) Violations of this Section may also be prosecuted before the County Code
Compliance Board under F.S. 162 and Chapter 8 of this Code.
(c) All penalties in this section are cumulative and nonexclusive. Nothing in this
subsection prevents the County from enforcing this section through any other method,
process, or cause of action that may be available under the laws of the state.
SECTION 3: 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 4: 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 5: 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.
2
4
SECTION 6: 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 21 day of August, 2013.
Mayor George Neugent
Yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner Danny Kolhage
Yes
Commissioner David Rice
Yes
Commissioner Sylvia Murphy
Yes
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor /Chairperson
MONROE COUNTY ATTORNEY
/
APPROVED AS TO FORM:
(�
l 1,t o at�.JV UA.LP I O.�T � - T LlC C I-
� i CHRISTINE M. LIMBERT- BARROWS
ASSISTANT COUNTY ATTORNEY
Date
3
Ad#589610 • - 6 K/ 44e - °4 i
NOT
CE OF
THE REPORTER COUINT ORDINANCE N TO
CONSIDER ADOPTION OF
P.O. Box 1197, Tavernier, Fl 33070 NOTICE IS HEREBY GIVEN
92655 Overseas Hwy,Tavernier Fl 33070 -TO WHOM IT MAY
•
Phone 305- 852-3216,Fax 305- 852-0199 CONCERN that on
Wednesday,August 21,2013 ,
at 3:00 p.m.,or as soon
thereafter as may be heard,
PROOF OF PUBLICATION at the Murray Nelson
Government Center
Auditorium,Overseas
STATE OF FLORIDA Highway, Key Largo,Florida,
the Board of County
COUNTY OF MONROE Commissioners of Monroe
County, Florida,intends to
Before the undersigned authority personally appeared consider the adoption of the
WAYNE MARKHAM who on oath, says that he is following County Ordinance:
PUBLISHER of the THE REPORTER, a weekly AN ORDINANCE OF THE
newspaper published in Tavernier, in Monroe BOARD OF COUNTY
County, Florida: that the attached copy of MONROE COOUNTYOF
advertisement was published in said newspaper in the AMENDING SECTIONS 17-2
issues of:,-(date(s) of publication) AND 17-6 PARKING AND
STORAGE OF VEHICLES
/)/ , ,.) / '? AND WATERCRAFT ON
y „?-L' PRIVATE PROPERTY AND
f�'� v✓! ✓�L� PUBLIC RIGHT-OF-WAY;
/ PROVIDING FOR
- SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL
ORDINANCES
INCONSISTENT HEREWITH;
Affiant further says that the said THE REPORTER is PROVIDING FOR FILING
a newspaper published at Tavemier, in said Monroe WITH THE DEPARTMENT OF
STATE;AND
County, Florida, and that the said newspaper has EFFECTIVE ATEVIDING AN
heretofore been continuously published in said
Monroe County, Florida, each week (on Friday) and Pursuantlorida atto tes,Section noticeis 286.0105,
Florida Statutes, is
has been entered as a second class mail matter at the given that if a person decides
post office in Tavemier, in Monroe County, Florida, to appeal any decision made
by the Board with respect to
for a period of one year next preceding the first any matter considered at such
publication of the attached copy of advertisement. hearings or meetings,he will
The affiant further says that he has neitherpaid nor need a record the
y proceedings,and that,for such
promised any person, firm, or corporation any purpose,he may need to
discount, rebate, commission or refund for the ensure that a verbatim record
of the proceedings is made,
purpose of securing this advertisement for which record includes the
publication in the said newspaper(s) and that The testimony and evidence upon
which the appeal is to be
THE REPORTER is in full compliance with Chapter based.
50 of the Florida State Statutes on Legal and Official
ADA ASSISTANCE: If you are
Advertisements. a person with a disability who
needs special
7A9 accommodations in order to
participate in this proceeding,
D please contact the County
l Administrator's Office,by
Wayne Markh Public er phoning(305)292-4441,
between the hours of 8:30
a.m.-5:00 p.m.,no later than
five(5)calendar days prior to
Sworn to and subscribed pefore me the scheduled meeting;if you
-� 2013 are hearing or voice impaired,
this Day of /A., lr? call"711"
(SEAL) %� Dated at Marathon, Florida,
//- L �� �� ' A this2 day of July,2013.
`(�,/rJ/ d `—' MY HEAVILIN,
NotaryClerk of the Circuit Court
and ex officio Clerk of the
Board of County
Commissioners of Monroe
r County,Florida
BEVERLY TRAEGER
0y4., = MY COMMISSION II DD 969749 (Seal)
.. ...:',..1 EXPIRES:April 18,2014 Published July 26,2013
**IV;x;• Bonded Thru Notary Put6c Underwriters The Reporter
Tavernier,FL 33037
Ad#585977
THE REPORTER NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
P.O. Box 1197, Tavernier,Fl 33070 NOTICE IS HEREBY GIVEN ,
92655 Overseas Hwy, Tavernier Fl 33070 TO WHOM IT MAY CON-
Phone 305- 852-3216,Fax 305- 852-0199 CERN that on August 21,
2013 at 3:00 P.M.,or as soon
thereafter as may be heard,
PROOF OF PUBLICATION at the Murray E.Nelson
Government Center,
102050 Overseas Highway,
Mile Marker 102, Key Largo,
STATE OF FLORIDA Monroe County,Florida,
the Board of County Commis-
COUNTY OF MONROE sioners of Monroe County,
Before the undersigned authoritypersonallyappeared Florida,adoption intends ofto considerwin
� PP of the following
WAYNE MARKHAM who on oath, says that he is County ordinance:
PUBLISHER of the THE REPORTER, a weekly AN ORDINANCE OF THE
newspaper published in Tavernier, in Monroe MONROE COUNTY BOARD
County, Florida: that the attached copy of OF COUNTY COMMISSION-
ERS AMENDING SECTION
advertisement was published in said newspaper in the 21-72,AND SECTION 21-77
issues o : (date(s)of publication) OF THE MONROE COUNTY
("ei ���/ CODE; ORISPGE SPECIALTY
�J AUTHOR-
IZATION FOR SPECIALTY
'I HAULER LICENSE TO BE
SUSPENDED OR REVOKED
BY COUNTY ADMINISTRA-
TOR OR DESIGNEE;
PROVIDNG FOR ENFORCE-
MENT BY THE CODE COM-
Affiant further says that the said THE REPORTER is P DEPARTMENT;
Y NCE PROVIDING FOR
a newspaper published at Tavernier, in said Monroe SEVERABILITY; PROVIDING
FOR EAL OF ALL
County, Florida, and that the said newspaper has NANCES CONS STENT
RDI-
heretofore been continuously published in said HEREWITH; PROVIDING
Monroe County, Florida, each week (on Friday) and FOR INCORPORATION INTO
THE MONROE COUNTY
has been entered as a second class mail matter at the CODE OF ORDINANCES;
post office in Tavemier, in Monroe County, Florida, AND PROVIDING FOR AN
for a period of one year next preceding the first EFFECTIVE DATE.
publication of the attached copy of advertisement. Pursuant to Section 286.0105,
Floda ,notice is
The affiant further says that he has neither paid nor given that ifutes a person decides
promised any person, firm, or corporation any to appeal any decision made
discount, rebate, commission or refund for the by the Board with respect to
any matter considered at such
purpose of securing this advertisement for hearings or meetings,he will
publication in the said newspaper(s) and that The need a record of the proceed-
THE REPORTER is in full compliance with Chapter ings,and that,for such pur-
e P pose,he may need to ensure
50 of the Florida State Statutes on Legal and Official that a verbatim record of the
Advertisements. proceedings is made,which
i record includes the testimony
r and evidence upon which the
(1.1
appeal is to be based.
ADA ASSISTANCE:If you
Wa e Markh PublysTler are a person with a ccom-ty
Yn ` who needs special accom-
modations in order to partici-
pate in this proceeding,
please contact the County
Sworn to 7c1 subscrib9fibefor me Administrator's Office,by
this , Day of /t4.
t ,2013 phoning(305)292-4441,
between the hours of 8:30
(SEAL) a.m.-5:00 p.m.,no later than
/ •
five(5)calendar days prior
--' to the scheduled meeting; if
A-4/r!t/c `,�,/Lz,e ('4� you are hearing or voice
]) ✓� , impaired,call"711".
Notary v//'JJJ Dated at Key West, Florida,
this 17th day of July,2013.
AMY HEAVILIN,Clerk of the •
I-- Circuit Court and ex officio
•:a:!.'.'•. BEVERLY TRAEGER Clerk of the Board of County
ik''� ' = MY COMMISSION#DD 969749 Commissioners of Monroe
.
,� EXPIRES:April 18,2014 County,Florida
PF• Bonded Thru Notary Public Underwriters ,
Published July 26.2013
The Reporter
I Tavemier,FL 33070
7:1111.COI.DE-R ADOPTION OF
COUNTY ORDINANCE 6 0 6 -2—`)4 3
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on August 21,2013 at 3:00 P.M.,
or as soon thereafter as may be ___ _ Kevwesr STATE OF FLORIDA
heard,at the Mi.ir ray F Nelson TIZ N
Government Center,102050 COUNTY OF MONROE
Overseas Highway,Mile Marker w.w p .,,p. . Est.ram
102,Key Largo,Monroe County, itions, LLC
Florida,the Board of County
Commissioners of Monroe Before the undersigned authority personally appeared Tommy Todd, who on
Consider ,1 oath says that he is Advertising Director of the Key West Citizen, a daily
Aglinp ion'of the following County 7777 newspaper published in Key West, in Monroe County, Florida; that the
ordinance: attached copy of advertisement, being a legal notice in the matter of
AN ORDINANCE OF THE 3025
MONROE COUNTY BOARD
COUNTY COMM SSIO ERSF ',corn I " 6 1 ,Ck_ C T L/fit I�O, !1 v)1„y-`6N /�)nz(A e
AMENDING SECTION 21-72, �'I VV , l
AND SECTION 21-77 OF THE JG -
MONROE COUNTY CODE; A�`1 Eti Sec- I- 7z -. 1 - //`7
7
PROVIDNG AUTHORIZATION
FOR SPECIALTY HAULER
LICENSE TO BE SUSPENDED was published in said newspaper in the issue(s) of
OR REVOKED BY COUNTY
ADMINISTRATOR OR U I / 2 G , Z o t 3
DESIGNEE;PROVIDNG FOR U
ENFORCEMENT BY THE CODE
COMPLIANCE DEPARTMENT;
PROVIDING FOR Affiant further says that the Key West Citizen is a newspaper published in
SEVERABILITY;PROVIDING
FOR REPEAL OF ALL Key West, in said Monroe County, Florida and that the said newspaper has
ORDINANCES INCONSISTENT ' heretofore been continuously published in said Monroe County, Florida every
HEREWITH;PROVIDING FOR
INCORPORATION INTO THE S day, and has been entered as second-class mail matter at the post office in Key
MONROE COUNTY CODE OF West, in said Monroe County, Florida, for a period of 1 year next preceding
ORDINANCES;AND
PROVIDING the first publication of the attached copy of advertisement; and affiant further
FOR AN EFFECTIVE DATE. ES says that he has neither paid nor promised rson, firm or corporation any
Pursuant to Section 286.0105, discount, rebate, commission or refund for th purpose securing this
Florida Statutes,notice is given advertisement for publication in t - said newspap r.
that if a person decides to appeal
any decision made by the Board Dated at Key West,Florida,this
with respect to any matter 17th day of July,2013.
considered at such hearings or _. _,�
_
meetings,he will need a record of AMY HEAVILIN,Clerk of the L
the proceedings,and that,for Circuit Court and ex officio Clerk Si ature of Affiant
such
of
purpose,he may need to ensure
that a verbatim record of the the Board of County
Commissioners of Monroe
proceedings is made,which County, bed before me this G C day of C1 ) , 2013
record
includes the testimony and Florida
evidence upon which the appeal July 26,2013
is Key West Citizen �Dp►Ry4 , DAWN KAWZINSKY
to be based.
� o� NOTARY PUBLIC
g
ADA ASSISTANCE:If you are a m er';', STATE OF FLORIDA
person with a disability who )m , ?Comm#EE157233
needs ��A _ _ ��acE t9�� Expires 1/4/2016
special accommodations in order ���JJJUI/w!
to participate in this proceeding,
please contact the County
Administrator's Office,by phoning Dawn Kawzinsky
(305)292-4441,between the Expires: 1/4/16 Notary Seal
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, Personally Known x Produced Identification
call"711". Type of Identification Produced
r........-FEORIDA KEYS --
—
Ad#585974 pose,he may need to ensure
.
.t % that a verbatim record of the
1s NOTICE OF INTENTION TO
CONSIDER ADOPTION OF proceedings is made,which
record includes the testimony
COUNTY ORDINANCE evidence upon which the
Published Twice Weekly appealand is to be based.
Marathon, Monroe County, Florida NOTICE IS HEREBY GWEN ADA ASSISTANCE:If you
TO WHOM IT MAY CON- area person with a disability
CERN that on August 21, who needs special accom-
P ROO F OF PUBLICATION 201 at e 0 ore as a pate inons in order to thereafterpartici-
pate as maybe heard, pate this proceeding,
at the Murray E.Nelson please contact the County
Government Center, Administrator's Office,by
STATE OF FLORIDA 102050 Overseas Highway, phoning(305)292-4441,
Mile Marker 102,Key Largo, between the hours of 8:30
COUNTY OF MONROE Monroe County,Florida, a.m.-5:00 p.m.,no later than
the Board of County Commis five(5)calendar days prior
Before the undersigned authority person- sinners of Monroe County to the scheduled meeting;if
ally appeared WAYNE MARKHAM who on Florida,intends to consider you are hearing or voice
adoption of the following impaired,call"711".
oath, says that he is PUBLISHER of the County ordinance:
FLORIDA KEYS KEYNOTER, a twice AN ORDINANCE OF THE Dated at Key West, Florida,
weekly newspaper published in Marathon, MONROE COUNTY BOARD this 17th day of July,2013.
in Monroe County, Florida: that the OF COUNTY COMMISSION- AMY HEAVILIN,Clerk of the
ERS AMENDING SECTION attached copy of advertisement was 21-72,AND SECTION 21-77 Circuit Court and ex officioClerk of the Board of County
published in said newspaper in the issues OF THE MONROE COUNTY Commissioners of Monroe
CODE;PROVIDNG AUTHOR- County,Florida
of: (date(s) of publication) IZATION FOR SPECIALTY
�„ ��/� HAULER LICENSE TO BE Published July 27,2013
et , SUSPENDED OR REVOKED Florida Keys Keynoter
BY COUNTY ADMINISTRA-
TOR OR DESIGNEE,
PROVIDNG FOR ENFORCE-
MENT BY THE CODE COM-
PLIANCE DEPARTMENT;
PROVIDING FOR
Affiant further says that the said FLORIDA SEVERABILITY;PROVIDING
KEYS KEYNOTER is a newspaper published FOR REPEAL OF ALL ORDI-
NANCES INCONSISTENT
at Marathon, in said Monroe County, HEREWITH;PROVIDING
Florida, and that the said newspaper has FOR INCORPORATION INTO
THE MONROE COUNTY
heretofore been continuously published in CODE OF ORDINANCES;
said Monroe County, Florida, twice each AND EFFECTIVE DIN EFOR AN
week (on Wednesday and Saturday) and
has been entered as a second class mail Pursuant to Section 286.0105,
Florida Statutes, notice is
matter at the post office in Marathon, in given that if a person decides
Monroe County, Florida, for a period of to appeal any decision made .
by the Board with respect to
one year next preceding the first any matter considered at such
publication of the attached copy of hearings or meetings,he will
need a record of the proceed-
advertisement. The affiant further says ings,and that,for such pur-
that he has neither paid nor promised any 'CONTINUED IN NEXT COLUMN'
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 Keys Keynoter is in full
compliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
Sworn to d s rib d b fore me
this y ! , 2013
(SEAL �,-;,,,•V BEVERLY TRAEGEp
' '� += NY COMMISSION N DO 969749
.--:-a; EXPIRES:April 18,2014
%;,,, ,;,d: Bonded Pau Notary Pubic Underwriters
a
Notary
- li! S;Z t.1 "
FLORIDA DEPARTMENT Of STATE
RICK SCOTT
Governor
December 20, 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
electronic copy of Monroe County Ordinance No. 033 -2013, which was filed in this office on December
20, 2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us