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C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: 0.2
Agenda Item Summary #3724
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider approval of an Ordinance amending
Monroe County Code Chapter 8 ( "Code Enforcement "), Article II. ( "Special Magistrate System "),
Section 8- 27(e), to authorize the Code Compliance Special Magistrate to have jurisdiction over any
matter brought forth by the Code Compliance Department which alleges a violation of the Monroe
County Code of Ordinances, a violation of the Monroe County Land Development Code, or a
violation of the Monroe County Comprehensive Plan.
ITEM BACKGROUND: The Special Magistrate raised a question about whether the code
currently vests him with the jurisdiction to hear any violation of the County Code, Land
Development Code, or Comprehensive Plan. The proposed amendment would clarify the code so
that it is clear that the Special Magistrate has jurisdiction over any violation of the County's Codes
or Comprehensive Plan. This should eliminate any doubt that the Special Magistrate is authorized to
hear any case brought by the Code Compliance Department alleging a violation of the Codes or
Comprehensive Plan.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 12/13/17 (S2) approved scheduling a public hearing to consider approval of this ordinance
for January 13, 2018 in Marathon, FL at 3:00 P.M. or as soon thereafter as may be heard
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance - Code Enforcement Special Magistrate's Jurisdiction
Published Notice of Intention to Consider Adoption of County Ordinance Re: Special Magistrate
Code Compliance jurisdiction BOCC 1/13/2018
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Peter Morris
Steve Williams
Bob Shillinger
Kathy Peters
Board of County Commissioners
Completed
12/13/2017 5:10 PM
Completed
12/20/2017 4:07 PM
Completed
12/20/2017 4:50 PM
Completed
12/22/2017 12:05 PM
Pending
01/17/2018 9:00 AM
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7 ORDINANCE NO. -
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164 WHEREAS, the adjudicative jurisdictions oft e 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
w e:
220
221 SECTION 6. - Captions 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.
SECTION 7. - Inclusion in the Monroe County Code of Ordinances. The provisions
of this ordinance shall be included and incorporated into the Code of Ordinances r
" Co . Florida and shall be numbered to conform with the uniform numbering
system of the Code.
ORNMR11
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2018.
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k-ommissioner Danny L. Kolhage
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251
252
253 By:
254
By:
Deputy Clerk Mayor David Rice
PETER MORRIS
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NOTICE OF INTENTION TO 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 County, Florida, intends to consider the adoption of the following County
ordinance:
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING CHAPTER 8
( "CODE ENFORCEMENT "), ARTICLE H. ( "SPECIAL
MAGISTRATE SYSTEM "); PROVIDING FOR
JURISDICTION OF THE MONROE COUNTY CODE
COMPLIANCE SPECIAL MAGISTRATE; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE CODE OF ORDINANCES; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given 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 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.
ADA ASSISTANCE: If you are a 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. - 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':
Dated at Key West, Florida, this 13 day of December, 2017.
(SEAL)
Publication dates:
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
KW Citizen (Wed) 12/20/17
Keynoter (Wed) 12/20/17
Reporter (Fr) 12/22/17