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Item O2M C ounty of f Monroe ELj » °o E � BOARD OF COUNTY COMMISSIONERS /�� 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 2 +' ,. 6 7 ORDINANCE NO. - mm M= owe 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. MOSSEMMM H =0 1� k-ommissioner Danny L. Kolhage RKWIM, M M- RREEM�� 251 252 253 By: 254 By: Deputy Clerk Mayor David Rice PETER MORRIS 31W 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