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Item Q2County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: Q2 Agenda Item Summary #4143 BULK ITEM: No DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: 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. 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: 10/21/15 BOCC adopted Ordinance 023 -2015. 4/19/18 BOCC scheduled a public hearing for May 16, 2018 in Key West, Florida at 3:00 P.M. or as soon thereafter as may be heard CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Code Officer Ordinance Laws of Fla. Ch. 76 -435 Notice of Intention to Consider Adoption of County Ordinance authorizing specific Building Official to issue code citations and Proof of Publication FINANCIAL IMPACT: Effective Date: N/A Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: Advertising costs. Current Year Portion: N/A Budgeted: Yes. Source of Funds: 4001 -00101 BOCC ADMINISTRATIVE FUND CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No. Grant: No. County Match: N/A Insurance Required: N/A Additional Details: If yes, amount: h]X TA1 IH17." Steve Williams Completed Rick Griffin Completed Assistant County Administrator Christine Hurley 04/19/2018 11:54 AM Cynthia McPherson Completed Tina Boan Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 04/19/2018 11:32 AM 04/19/2018 11:46 AM Completed 04/23/2018 11:04 AM 05/01/2018 2:32 PM 05/01/2018 2:45 PM 05/01/2018 2:58 PM 05/01/2018 9:42 PM 05/16/2018 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 mm DAVID RICE, MAYOR (SEAL) ATTEST: KEVIN MADOK, CLERK DEPUTY CLERK WOWROE COUNTY ATTOR Y A YE!D AS TO a UAMS ASS9 ;L 1' ou !'f OR�tEY opt. � Page 2 gH_APTER76-434 FLORIDA -- _jLR CHAPTE P6-43 4 Filed in Office Secretary of State June 25, 1976. House Bill No. 3557 hN 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 1. Any Monroe County building or zoning enforcement official designated by resolution of the Board of County Commissioners of Monroe County may issue citations for violaticns of any Monroe County ordinance; provided however, that such enforcement officials shall not have the power of arrest nor be subject to the provisions of s. 23.061 - 23.078, F.S., relating to the Police standards Board. Section 2. The citations shall be uniformly printed and prenumbered in quadruplicate and shall list by ordinance number and section and by short descriptive wording, the county ordinance or ordinances violated, and shall indicate the name and address of the county court where the violation shall be tried, the names of the issuing officer and cited person, and the date of the violaticn and mandatory court appearance. Section 3. Every designated Monroe county ordinance enforcement official, upon issuing an ordinance violation citation to an alleged violator shall deposit the original and one copy of such ordinance citation with the county court having jurisdiction over the alleged ordinance violation offense. section 4. Upon the deposit of the original and one copy of such ordinance citation with the court having jurisdiction over the alleged offense as aforesaid, 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. I WE NM 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 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 16, 2018 at 3:00 P.M., or as soon thereafter as may be heard, in the Harvey Government Center, 1200 Truman Avenue, Key West, 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING SECTION 8 -3(a), MONROE COUNTY CONTRACTORS EXAMINING BOARD; 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. 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 19 day of April, 2018. KEVIN MADOK, Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates: KW Citizen (Wed) 4/25/2018 QrgifA EST BEY WEST Me RN*Ao Keys Only DAMW Abwn~w, F-0 ISM Cooke Communications, LLC Florida Keys PO Box 18•0 Key West Fl 33041 305-292-7777 Extension ... x219 Fax ....... 305-295-8025 A 4- - a INTERNET PUBLISHING keywest.com keysnews.com floridakeys.com key-west.com Web Design Services N-U-NUAR US=- L X111191 M11 NO 10301 LIMNEIM 70 Cooke, wno • el-k-riO ea • e• rsign aumrity personally appearf oath says that he is President of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy o advertisement, being a ll ntice in the matter • f • ega • o C/ E T. �- �' �-* � 0 Personally Known X Produced Identification Type of Identification Produced li&SILILIMM . ..