Item I5County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: I.5
Agenda Item Summary #4065
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
N/A
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
ordinance amending Section 8 -3(a) of the Monroe County Code which authorizes Code Compliance
officers to issue citations for unlicensed contractor activity to include authorization for the specific
Building Department employee to enforce unlicensed activity and to issue citations, to be held May
16, 2018 in Key West, FL at 3:00 p.m. or as soon thereafter may be heard.
ITEM BACKGROUND:
"Pursuant to F.S. 489.(12), the Contractors' Examining Board (CEB) is the local construction
regulation board created and appointed by the Monroe County Board of County Commissioners.
Section 8- 3.(a), Monroe County Code, specifically designates county code compliance officers,
under the direction of the code compliance administrator, as enforcement officers. Section 8 -4.(a) of
the Monroe County Code authorizes county code inspectors, designated by resolution of the Board,
when appropriate and according to Board policy, to issue citations for violations of the County
codes. Currently, however, the County employee responsible for the enforcement of unlicensed
contractor activity is a Building Department employee who works under the direction of the
County's Building Official, not the Code Compliance Director, and therefore is not currently
authorized to issue citations for unlicensed contractor activity. This ordinance will amend Monroe
County Code to specifically authorize this specific Building Department employee to issue citations
only for unlicensed contractor activity.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 10/21/15: BOCC adopted Ordinance 023 -2015
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Code Officer Ordinance
Laws of Fla. Ch. 76 -435
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Advertising costs.
Current Year Portion:
Budgeted: Yes.
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Steve Williams
Completed
04/03/2018 9:48 AM
Christine Hurley
Completed
04/03/2018 11:00 AM
Bob Shillinger
Completed
04/03/2018 3:59 PM
Cynthia McPherson
Skipped
04/03/2018 4:19 PM
Rick Griffin
Completed
04/03/2018 4:23 PM
Tina Boan
Skipped
04/03/2018 6:07 PM
Kathy Peters
Completed
04/03/2018 6:07 PM
Board of County Commissioners
Pending
04/19/2018 9:00 AM
ORDINANCE NO. -2018
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 8 -3(a), MONROE COUNTY
CONTRACTORS EXAMINING BO PROVIDING
FOR CODE COMPLIANCE OFFICER SUPERVISION;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; AND PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES;
WHEREAS, currently the County employee responsible for enforcement of unlicensed
contractor activity works for the Building Official in the building department; and
WHEREAS, Florida Statutes only authorize code compliance officers to issue citations and not
building department employees; and
WHEREAS, it is desired to alter the Monroe County Code to have a code compliance officer
as recognized by state statute be under the supervision and direction of the building official and not
the code director for the narrow purpose of unlicensed contractor activity, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Sec. 8 -3(a) Issuance of citations by code compliance officers, MCC, is hereby
amended to read:
County code compliance officers, are
hereby designated enforcement officers for the purpose of enforcing the provisions of this code
pursuant to Laws of Fla. Ch. 76 -435.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
meeting of the Board held on the day of , A.D., 2018.
Mayor David Rice
Mayor Pro Tern Sylvia J. Murphy
Commissioner George Neugent
Commissioner Danny Kolhage
Commissioner Heather Carruthers.
Page 1
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IM
DAVID RICE, MAYOR
(SEAL)
ATTEST: KEVIN MADOK, CLERK
DEPUTY CLERK
WOWROE COUNTY ATTOR Y
A YE!D AS TO
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s a: UAiWS
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Page 2
gH_APTER76-434 TAwa ew pro
e%v wrr% IDA CHAPTER 7.6-434
Filed in Office secretary of State June 25, 1976.
House Bill No. 3557
AN ACT relating to Monroe County. authorizing county
building and zoning enforcement officials to issue
citations for violations of county ordinances-,
providing procedures for the disposition of citations
and for prosecutions therefor; providing an effective
date.
section 4. Upon the deposit of the oriqinal and one copy of such
R rdinance citation with the court having jurisdiction over the
alleged offense as aforesa the original or copy of such c2.tation
may te disposed of only by trial in the court or other official
action by a judge of the evurt, including the imposition of a fine or
imprisonment as provided by law.
Section 5. Upon receipt of the original and one copy of such
ordinance citation, the clerk of the county court shall immediately
forward the copy cf said citation to the prosecutorial officer having
jurisdiction to prosecute in said court.
Section 6, The citation once so filed with the clerk of the court
shall constitute the accusory instrument and docket entry upon which
orosecution and trial may be made.
Section 7. This act shall take effect upon becoming a law,
WE
CHAPTER 76 -435 LAWS OF FLORIDA CHAPTER 76 -435
Became a law without the Governor's approval.
Filed in Office secretary of state June 25, 1976.
CHAPTER 76 -436
House Bill No. 3774
AN ACT relating to Monroe County; repealing chapter 69 -1319,
Laws of Florida, and chapter 70 -815, Laws of Florida,
abolishing the North Key Largo Development District;
providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Chapter 69 -1319, Laws of Florida, and chapter 70 -815,
Laws of Florida, are hereby repealed.
section 2. This act shall take effect upon becoming a law.
Became a law without the Governor ►s approval.
Filed in Office Secretary of State June 25, 1976.
CHAPTER 76 -437
House Bill No. 3916
AN ACT relating to Monroe County; repealing chapter 63 -1631,
Laws of Florida, as amended by chapter 69 -1320, Laws of
Florida relatinq to franchises for garbage and waste
collection and disposal; confirming franchises
previously granted; providing an effective date.
Be It Enacted by the legislature of the State of Florida:
Section 1. Chapter 63 -1631, Laws of Florida, as amended by
chapter 69 -1320, Laws of Florida is hereby repealed.
Section 2. Each franchise granted by the Board of County
Commissioners of Monroe County pursuant to the authority conferred by
chapter 63 -1631, Laws of Florida, as amended by chapter 69 -1320, Laws
of Florida, is confirmed.
section 3. This act shall take effect July 1, 1976.
Became a law without the Governors approval.
Filed in Office Secretary of State June 25, 1976.
CHAPTER 76 -438
House Bill No. 3927
299