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Ordinance 001-2018
1 � . 2 3 - 4 5 6 7 ORDINANCE NO. 001 - 2018 10 AN ORDINANCE OF THE MONROE COUNTY BOARD OF 11 COUNTY COMMISSIONERS AMENDING CHAPTER 8 12 ( "CODE ENFORCEMENT "), ARTICLE II. ( "SPECIAL 13 MAGISTRATE SYSTEM "); PROVIDING FOR 14 JURISDICTION OF THE MONROE COUNTY CODE 15 COMPLIANCE SPECIAL MAGISTRATE; PROVIDING 16 FOR SEVERABILITY; PROVIDING FOR REPEAL OF 17 CONFLICTING PROVISIONS INCONSISTENT 18 HEREWITH; PROVIDING FOR INCORPORATION INTO 19 THE CODE OF ORDINANCES; PROVIDING FOR 20 TRANSMITTAL TO THE SECRETARY OF STATE; AND 21 PROVIDING FOR AN EFFECTIVE DATE. 22 23 WHEREAS, Article VIII, Section 1, of the Florida Constitution, provides that the Board 24 of County Commissioners (hereinafter "Board ") is the governing body of Monroe 25 County, with powers of self - government as provided for by general or special law; and 26 27 WHEREAS, certain of those powers have been enumerated in Section 125.01(1), Florida 28 Statutes (2017), to include: (1) The power to adopt resolutions necessary for the exercise 29 of its powers and to prescribe fines and penalties for the violation of ordinances in 30 accordance with law; and (2) The power to perform any other acts not inconsistent with 31 law; and 32 33 WHEREAS, Section 125.01(3), Florida Statutes (2017), provides all implied powers 34 necessary or incident to the carrying out of the powers in Section 125.01, and states that 35 Section 125.01 shall be liberally construed in order to effectively carry out the purposes 36 of this section and to secure for the counties the broad exercise of home rule powers; and 37 38 WHEREAS, the Florida Legislature has stated that "it is the intent of [Chapter 162, 39 Florida Statute I" to confer local Code Compliance Special Magistrates "authority to 40 impose administrative fines and other non - criminal penalties to provide an equitable, 41 expeditious, effective, and inexpensive method of enforcing any codes and ordinances in 42 counties. See Section 162.02, Florida Statutes (2017) (Emphasis added); and 43 44 WHEREAS, as (1) the Office of the Florida Attorney General has opined that Florida 45 Statutes Section 162.02's predicate term "any" means that Chapter 162, Florida Statutes, 46 authorizes local enforcement of any county codes and ordinances, and as "(2) the Florida 1 of 6 47 Legislature in 1989 amended Section 162.02 to delete its pre -1989 textual limitation 48 previously confining local code enforcement to enforcement only of "technical" codes in 49 furtherance of the 1989 Florida Legislature's intent "to delete any reference to specific 50 types of codes and ordinances under the jurisdiction of code enforcement boards," 51 Chapter 162, Florida Statutes, by plain meaning and legislative history provides that 52 Code Compliance Special Magistrates may enforce any county codes or ordinances. See 53 Op. Att'y Gen. Fla. 93 -02 (Jan. 4, 1993); see also L.O.F. 89 -268 (July 3, 1989), at 54 Section 1.; see also David Hawley and Patricia Greene, Florida House of Representatives 55 Committee on Governmental Operations Staff Report on CS/CS/HB 1210, HB 1474, and 56 HB 1484 (July 6, 1989), at 9; and 57 58 WHEREAS, pursuant to Chapter 162, Florida Statutes (2017), the Monroe County Code 59 Compliance Special Magistrate (hereinafter "Code Compliance Special Magistrate ") 60 may, upon factual findings of a violation and upon a violator's failure to correct or abate 61 a violation pursuant to a previous order, by order impose fines and costs; and 62 63 WHEREAS, Section 162.09(3), Florida Statutes (2017), authorizes the County to 64 petition courts for enforcement of such recorded orders as duly constituted code 65 compliance liens and further provides for execution and levy to the same extent as a civil 66 judgment; and 67 68 WHEREAS, the Monroe County Contractors Examining Board (hereinafter "CEB ") 69 constitutes the County's local construction regulation board; and 70 71 WHEREAS, the adjudicatory powers and duties of the CEB include: (1) To determine if 72 a license or certificate of competency of any local contractor should be suspended for any 73 violation of this chapter and to fix the length of time for such suspension; (2) To 74 determine if a state - certified contractor is guilty of fraud or has willfully violated any of 75 the building codes of the County or has, within the past 12 months, been found by the 76 CEB or any other county or municipality to be guilty of fraud or a willful building code 77 violation that would have been a fraud or a building code violation if committed in 78 Monroe County; (3) To determine if the authority of state - certified contractors to obtain a 79 building permit should be revoked, suspended, or limited to obtaining permits with 80 specific conditions and to set the terms of suspension or conditions; and (4) To determine 81 whether a person not licensed by the State of Florida, the CEB, or the Building Official 82 has violated any statutory provision, administrative rule, local ordinance, or Code 83 provision governing the practice of a profession regulated by such provision(s), rule(s), or 84 ordinance(s), and to determine whether a licensee, certificate - holder, or registrant 85 licensed or otherwise regulated under Chapter 455, Chapter 471, Chapter 481, and 86 Chapter 489, Florida Statutes, has committed a material violation of the Florida Building 87 Code and failed to correct that violation in a reasonable time (a material violation being a 88 violation that exists within a completed building, structure, or facility that may 89 reasonably result, or has resulted, in physical harm to a person or significant damage to 2 of 6 90 the performance of a building or its systems, and a violation(s) of which may be disputed 91 as set forth at Section 553.781(2)(b), Florida Statutes). See Monroe County Code Chapter 92 6 - Article III - Division 3, at Section 6- 270(a) -(i) (2017); see also Section 455.017, 93 Florida Statutes (2017) ( "[Florida Statutes Chapter 4551 applies only to the regulation of 94 professions regulated by the [Florida Department [of Business and Professional 95 Regulation];" see also Section 471.001, Florida Statutes (2017) ( "The Legislature deems 96 it necessary in the interest of public health and safety to regulate the practice of 97 engineering in this state. "); see also Section 481.201, Florida Statutes (2017) ( "The 98 primary legislative purpose for enacting [Chapter 481 (Part 1), Florida Statutes,] is to 99 ensure that every architect practicing in [Florida] meets minimum requirements for safe 100 practice. "); see also Section 481.301, Florida Statutes (2017) ( "The Legislature finds that 101 the regulation of landscape architecture [pursuant to this Chapter 481 (Part 2), Florida 102 Statutes,] is necessary to ensure competent planning and design of public and private 103 environments, prevention of contamination of water supplies, barrier -free public and 104 private spaces, conservation of natural resources through proper land and water 105 management practices, prevention of erosion, energy conservation, functional and 106 aesthetically pleasing environmental contributions to humanity's psychological and 107 sociological well- being, and an enhancement of the quality of life in a safe and healthy 108 environment and to assure the highest possible quality of the practice of landscape 109 architecture in this state. "); see also Section 489.101, Florida Statutes (2017) ( "The 110 Legislature deems it necessary in the interest of the public health, safety, and welfare to 111 regulate the construction industry [pursuant to this Chapter 489 (Part 1), Florida 112 Statutes]. "); see also Section 489.501, Florida Statutes (2017) ( "The Legislature deems it 113 necessary in the interest of public health, safety, and welfare to regulate the electrical and 114 alarm system contractors in this state [pursuant to this Chapter 489 (Part 2), Florida 115 Statutes]. "); see also Chapter 489, Part III, Florida Statutes (2017) (Entitled "Septic Tank 116 Contracting "); and 117 118 WHEREAS, Monroe County Code Section 6 -2700) (2017) provides that Monroe 119 County Code Sections 6- 270(a) -(i) constitute the CEB's exclusive and limited authority 120 and jurisdiction, and that the County Code does not confer to the CEB any authority, 121 powers, or jurisdiction not specifically granted at said Sections; and 122 123 WHEREAS, the Monroe County Construction Board of Adjustment and Appeals 124 (hereinafter "Construction Board of Adjustment and Appeals ") constitutes the County's 125 local building code board; and 126 127 WHEREAS, the adjudicatory powers and duties of the Construction Board of 128 Adjustment and Appeals include: (1) To consider and render decisions on appeals of 129 administrative decisions and interpretations of the Building Official related to the Florida 130 Building Code; (2) To consider and grant variances to the Florida Building Code; and 131 To approve cost - approach appraisals for determination(s) of fair market value pursuant to 3of6 132 the floodplain regulations of the Land Development Code. See Monroe County Code 133 Chapter 6 - Article II - Division 2, at Section 6- 56(a)(1) -(3) (2017); and 134 135 WHEREAS, Monroe County Code Section 6- 56(a)(4) (2017) provides that the 136 Construction Board of Adjustment and Appeals does not constitute the County's local 137 construction regulation board (that certain construction regulation board being the 138 Monroe County CEB). See Monroe County Code Section 6- 56(a)(4) (2017); and 139 140 WHEREAS, the scope and aim of the CEB's jurisdiction being limited to original 141 jurisdiction over licensees, certificate - holders, registrants, and other natural and legal 142 persons regulated by (1) Chapter 455, Florida Statutes (Professions regulated by the 143 Florida Department of Business and Professional Regulation); (2) Chapter 471, Florida 144 Statutes (Regulating the practice of engineering in Florida); (3) Chapter 481 (Part 1), 145 Florida Statutes (Regulating the practice of architecture in Florida); (4) Chapter 481 (Part 146 2), Florida Statutes (Regulating the practice of landscape architecture in Florida; JL 147 Chapter 489 (Part 1), Florida Statutes (Regulating the construction industry and/or 148 construction- related contracting in Florida); (6) Chapter 489 (Part 2), Florida Statutes 149 (Regulating electrical and alarm system contractors in Florida); and (7) Chapter 489 (Part 150 3), Florida Statutes (Regulating septic tank contractors in Florida); or as otherwise 151 provided at Monroe County Code Sections 6- 270(a) -(i) (2017); and 152 153 WHEREAS, the scope and aim of the Construction Board of Adjustment and Appeals's 154 jurisdiction being (1) Appellate jurisdiction over administrative decisions and 155 interpretations of the Building Official related to the Florida Building Code; 156 Administrative jurisdiction to consider and grant variances to the Florida Building Code; 157 and (3) Jurisdiction to approve cost - approach appraisals for determination(s) of fair 158 market value pursuant to the floodplain regulations of the Land Development Code; and 159 160 WHEREAS, the scope and aim of the Code Compliance Special Magistrate's statutory 161 jurisdiction being original administrative jurisdiction to enforce any codes and ordinances 162 in Monroe County; and 163 164 WHEREAS, the adjudicative jurisdictions of the CEB, the Construction Board of 165 Adjustment and Appeals, and the Code Compliance Special Magistrate, each being 166 separate- and - distinct, the Board finds that this Ordinance is necessary to clarify the 167 distinction between said jurisdictions; 168 169 WHEREAS, as (1) the Monroe County Code (hereinafter "County Code" or "MCC ") 170 confines the jurisdictions of the CEB and the Construction Board of Adjustment and 171 Appeals, and as (2) Chapter 162, Florida Statutes, grants the Monroe County Code 172 Compliance Special Magistrate plenary authority to hear and decide administrative 173 proceedings to enforce any codes and ordinances in Monroe County, (3) it is the specific 174 legislative intent of the Board that the expressio unius est exclusio alterius canon of 175 statutory interpretation (`the expression of one thing implies the exclusion of the other') 4of6 176 be applied to construe the Code Compliance Special Magistrate's otherwise unfettered 177 statutory jurisdiction to enforce any codes and ordinances in Monroe County relative to 178 the County Code's limited jurisdictional grants to the CEB and the Construction Board of 179 Adjustment and Appeals, (4) such that any subject matter not specifically and expressly 180 identified at MCC 6- 270(a) -O) (2017) (CEB's jurisdiction), at MCC 6- 45(a)(1) -(3) 181 (2017) (Construction Board of Adjustment and Appeals's jurisdiction), or at any other 182 local Code -based original, quasi-judicial jurisdictional grant(s), shall constitute subject 183 matter within the Code Compliance Special Magistrate's jurisdiction in accordance with 184 Chapter 162, Florida Statutes (2017); 185 186 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 187 OF COUNTY COMMISSIONERS: 188 189 SECTION 1. - Recitals and Legislative Intent The foregoing recitals and statement(s) 190 of legislative intent are true and correct and are hereby incorporated as if fully set forth 191 herein. 192 193 SECTION 2. - Title This Ordinance shall be titled the "Monroe County Code 194 Compliance Jurisdiction Ordinance." 195 196 SECTION 3. - Amendment That Section 8 -27(e) of Chapter 8, Article H., of the 197 Monroe County Code of Ordinances, entitled "Code Enforcement, Special Magistrate 198 System," is hereby as follows: 199 200 (e) Authority. The code compliance special magistrate is granted the powers, duties 201 and authority, including the authority to impose fines and liens and to order 202 foreclosure of liens, granted by statute and ordinance. The code compliance special 203 magistrate has jurisdiction to hear any matter brought forth by the Code Compliance 204 Department which alleges a violation of the Monroe County Code of Ordinances, a 205 violation of the Monroe County Land Development Code, or a violation of the 206 Monroe County Comprehensive Plan. 207 208 SECTION 4. - Severability, Partial Invalidity, and Survival of Provisions If any 209 provision of this Section, or any portion thereof, is held to be invalid or unenforceable by 210 any administrative hearing officer or court of competent jurisdiction, the invalidity or 211 unenforceability of such provision, or any portion thereof, shall neither limit nor impair 212 the operation, enforceability, or validity of any other provision of this Section, or any 213 remaining portion(s) thereof. All other provisions of this Section, and remaining 214 portion(s) thereof, shall continue unimpaired in full force and effect. 215 216 SECTION 5. - Repeal of Inconsistent Provisions All ordinances or parts of ordinances 217 in conflict with this ordinance are hereby repealed to the extent of said conflict herein. 218 Such repeal shall not repeal the repealing clause of such ordinance or revive any 219 ordinance which has been repealed thereby. 5 of 6 220 221 SECTION 6. - Cautions and Paragraph Headings Captions and paragraph headings, 222 where used herein, are inserted for convenience only and are not intended to descriptively 223 limit the scope and intent of the particular paragraph or text to which they refer. 224 225 SECTION 7. - Inclusion in the Monroe County Code of Ordinances The provisions 226 of this ordinance shall be included and incorporated into the Code of Ordinances of 227 Monroe County, Florida, and shall be numbered to conform with the uniform numbering 228 system of the Code. 229 230 SECTION 8. - Effective Date This ordinance shall be filed in the Office of the 231 Secretary of the State of Florida and shall become effective as provided by law. 232 233 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 234 Florida at a regular meeting held on the 11th , iday of January , 2018. 235 236 237 Mayor David .Rice Yes 238 239 Mayor pro tem Sylvia J. Murphy Yes 240 241 Commissioner Danny L. Kolhage Yes 242 243 Commissioner Heather Carruthers Yes 244 245 Commissioner George Neugent Yes 246 247 248 r ,v<MONROE BOARD OF COUNTY COMMISSIONERS O. f� 249; %' at � 250 Attes,: KEV 'MADOK, CLERK t, ,INu 252 253.4 �B_y. By: s, 254 ;;Deputy Clerk Mayor David Rice 6 of 6 ©% U- v1�.- MONROE COUNTY ATTORNEY APPROVED AS TO FORM ------ CD cv ma c: -- wf PETER MORRIS W - � :.s ASSISTANT CO UN ATTORNEY .. Date: U- 6 of 6 NOTICE OF INTENTIO O CONSIDER ADOPTION OF COUNTY ORDINANCE . NOTICE IS HEREBY GIVEN. TO WHOM IT MAY CONCERN that on January. 17, 2018 at 3:00 P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas ' Highway, Mile Marker 50, Marathon,, Monroe County, Florida, the Board of County Commissioners of Monroe �1 County, Florida, intends to 7777 consider the adoption of the following County ordinance: 3025 atom AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . AMENDING CHAPTER 8 ( "CODE ENFORCEMENT "), ARTICLE II. ( "SPECIAL . MAGISTRATE SYSTEM "); PROVIDING FOR JURISDICTION OF THE MONROE COUNTY CODE COMPLIANCE - SPECIAL �Y IM N I tions, LLC . VG MAGISTRATE; PROVIDING , I FOR SEVERABILITY; !ss PROVIDING FOR REPEAL OFD CONFLICTING PROVISIONS ;DES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; ICES PROVIDING FOR TRANSMITTAL TO THE !ty SECRETARY OF- STATE; PROVIDING FOR AN EFFECTIVE DATE. i ' Pursuant to Section 286.0105, , Florida Statutes, notice is given that if a person decides to I 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 :n proceedings, and that, for 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 is to be based. P.com ADA ASSISTANCE: If you are aI person with a disability who needs special accommodations: in order to participate in this proceeding, please contact the :County Administrator's Office, 'by phoning (305)292- 4441,' ,between the hours of 8:30 a.m. I- 5:00' p.m., no later than five (5), ;calendar days prior to the ', (scheduled meeting;, if you are s hearing or'voice impaired, call. Dated at Key West, Florida, this,' '13th day of December, 2017. KEVIN MADOK, Clerk of the, Circuit Court and ex officio I Clerk of the Board of County I Commissioners of Monroe County, Florida i December 20, 2017 Key West Citizen i,ECEIVE JAN 2 2013 STATE OF FLORIDA COUNTY OF MONROFoNRoE COUNTY ATTORNEY Before the undersigned authority personally appeared Paul Clarin, who on oath says that he is Publisher of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of was published in said newspaper in the issue(s) of - e!o, Z,61 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, Florida every day, 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 preceding the first publication of the attached copy of advertisement; and afiant 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. Dawn Kawzinsky Expires: 1/4/2020 Notary Seal Personally Known x Produced Identification Type of Identification Produced Signature of Affiant Sworn and subscribed before me this Z- day of December, 2017 DAWN KA%rZ]NSKY Notary Public: ? i�� °P - MY COMMISSION It FF 944194 EXPIRES: January 4, 2020 Ra N, Bonded ihru Notary Public Underwriters Dawn Kawzinsky Expires: 1/4/2020 Notary Seal Personally Known x Produced Identification Type of Identification Produced - -v F L:rO +RBI 0?A. ;K'.E _. • KEyN�OTE R. Publlshed: TWlce Weekly Marathon, Monroe County ; : Florida .: . PR00F0F PUBLICATION STATE `OF +LO;RIDA COUNTY 6 0i - - Before the undersigned, :authority personally , appeared RICHARD ,TAMBORRINO who on oath says. that the :is PUBLISHER : the FLOR3DA KEYS, KEYNOTER, a twice weekly .: - newspaper :published in :Marathon, 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 FLORIDA KEYS;' KEYNQTER ,i a newspaper published ,at. Marathon, In' said: Monroe _County, Florida, and that . said newspa.per .'has. heretofore been continuously. published din -said :Monroe County, Florida, twice each; week. (on Wednesday and Saturday) - _and ha§.been entered as a second:. class • mail . matter at. the . post . office in Marathon, in Monroe - County; ° lorida, for a period .of ' one y ear next: 'preceding the: :first WbliiC ion- of the `attached . 'copy : : of Ad# 0603442787 NOTICE OF INTENTION TO i CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN' rO WHOM IT MAY CONCERN :hat on January 17, 2018 at 3:00 P.M., or as soon there - I ( after as maybe heard, in the Marathon Government Cen- ter, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commission - . of Monroe County, Florida, - ntends to consider the adop- :ion of the following County 3rdinance: AN- ORDINANCE OF , MONROE COUNTY BOARD —= OF COUNTY COMMISSION- , ERS AMENDING CHAPTER 8 ( "CODE ENFORCEMENT "), ARTICLE IL ( "SPECIAL MAG- ISTRATE SYSTEM "); PRO- = VIDINGFORJURISDICTION. OF THE MONROE COUNTY 'CODE COMPLIANCE SPE- DIAL MAGISTRATE; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVI- SIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION " INTO THE CODE OF ORDI- NANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE: please contact the County Administrator's Office, by 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 th4 scheduled meeting; if you are hearing or voice impaired, call "711 i Dated at Key West, Florida, this 13th day of December, 2017. I KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published December 20, 2017 Florida Keys Veynoter RECEIVED DEC 2.9 2017 MONROE COUNTY ATTORNEY advertisement The 41 O t further 'says that , 1 'ursuant to Section 286.0105, - he has neither paid, nor'.promised any person;. =lorida Statutes, notice is giv- firm or corporation any -discount; rebate' an that if a perso�t decides to commission . or refund =for 6. h appeal any decision made by e purpose of, :he Board with respect to any securing this advertisement for publication in 'natter considered at such the. Bald f1eW50a0er(s) :.,and. that The Florida iearings or meetings, he will Keys Keynoter. . `is in .full _compliance With seed a_record of the proceed- Ogg, and that, for such pur- Chapter 50 f the Florida State Statutes on l,- -nose, he may need to ensure Legal. ; Official Advertisem'ents.. :hat a verbatim record of the r ' - proceedings is made,•which 'ecord includes the testimony and evidence upon which the appeal is to be based. i Richard Tatnborriiio - ,Publisher ADA ASSISTANCE: If you J - .. are a person with a disability Nho needs special accom- 1 SWOt Cl ''tO: and Subscribed before me'thiS modations in order to partici- pate in this proceeding, 1 Day' of ,- ������'�'I _ , 20;17 CONTI UED INNEXT COLUMN ,� ( SEAL) .. . . BEVERLY TRAEGER . MY COMMISSION # FF 108704 'oT= EXPIRES: April 18, 2018 Bonded Thru Notary Public Underivriters �_ �, • ' Published Weekly Tavernier, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared RICHARD TAMBORRINO who on oath, says that he is PUBLISHER of . 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 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 Advertiseln��: - �A 11 TT i7 Richard Tamlrorrino, Publisher Sworn to and subscribed before me this _Day of - ,(,4 ; 2017 Notary (SEAL) SYea% BEVERLYTRAEGER 4'. * �_ MY COMMISSION # FF 108704 =fi EXPIRES: April 18, 2018 . Bonded Thru Notary Publ!c Undenvriters Ad #,0003442797 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE 'NOTICE IS HEREBY GIVEN I TO WHOM IT MAY CONCERN that on January 17, 2018 at 3:00 P.M., or as soon there- after as may be heard, in the Marathon Government Cen- ter, 2798 Overseas Highway, Mile Marker 50, Marathon, Monroe County, Florida, the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSION- ERS AMENDING CHAPTER 8 ( "CODE ENFORCEMENT "), ARTICLE II. ( "SPECIAL MAG- - 14TRATE SYSTEM "); PRO- VIDING FOR JURISDICTION OF THE MONROE COUNTY CODE COMPLIANCE SPE- CIAL MAGISTRATE; PROVID- ING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVI- SIONS INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDI- NANCES; PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE; 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 record includes the testimony .'and evidence upon which the appeal is to based:' - ADA ASSISTANCE: If you are a person, with a disability who needs pecial accom- , modations'in order to partici- f pate in this proceeding, i please contact the County Administrator's Office, by 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 the scheduled meeting; if you.are. hearing or voice., t impaired call "711 ". ' Dated at Key West, Florida this 13th day of December, 2017. - KEVIN MADOK, Clerk of the Circuit Court.(SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Published December 22, 2017 The Reporter MONROE COUNTY AMIZN" JIM S� J f FLORIDA DEPARTMENT 0 f STATE RICK SCOTT Governor January 22, 2018 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Pam Hancock Dear Mr. Madok: 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. 001 -2018, which was filed in this office on January 22, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 www.dos.state.ft.us From: ords2municode.com To: peters-k_atherine@monroecountv-fi.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 16 Update 3 Date: Wednesday,January 24,2018 9:50:13 AM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 16 Update 3 Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.