Ordinance 013-2018 - s
ORDINANCE NO. 013 - 2018
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS 'AMENDING SECTION
19 -33 OF THE MONROE COUNTY CODE; ALLOWING
FOR RIGHT -OF -WAY PERMITS TO BE ISSUED TO
CORPORATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in 2010 the Monroe County Code ( "Code ") was amended via Ordinance
025 -2010 to prohibit permits to be issued for boulders or landscaping within the County's public
right -of -way; and
WHEREAS, in 2013 the Code was amended via Ordinance 031 -2013 to allow for a
right -of -way permit to be issued to property /homeowner associations to plant limited
landscaping to beautify the area surrounding the wastewater lift stations; and
WHEREAS, in 2015 the Code was amended via Ordinance 017 -2015 to allow for a
right -of -way permit to be issued to a property owner or property /homeowner association to plant
limited landscaping in accordance with the conditions set forth in the Code; and
WHEREAS, the County's Engineering Department received an application for a right -
of -way permit from the Duck Key Community Benefit, Inc., a not -for profit corporation that is
not established as a property/homeowners association in accordance with ch. 720, Florida
Statutes, since membership is voluntary and not a mandatory condition of parcel ownership as
per F. S. 720.031(9); and
WHEREAS, the Board of County Commissioners (Board) at its May 16, 2018 meeting
approved issuance of a right -of -way permit to allow for limited landscaping to be planted
throughout the Island of Duck Key; and
WHEREAS, the Board directed staff to revise the Code to allow for corporations, such
as the Duck Key Community Benefit, Inc. which represent the property owners of their
communities and are established to maintain and beautify their respective neighborhoods, to be
issued a permit;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 19 -33 shall be amended to read as follows:
Page 1 of 3
Sec. 19 -33. - Permit required.
(a) County public right -of -way use permits shall be required for all roads and streets to be
constructed or improved in existing rights -of -way; and all roads and streets that are to be
dedicated to the county; all construction or installation or maintenance of any public or
private utility as provided for in section 19 -36; and any structure, driveway, culvert,
pavement, or object in the right -of -way or easement, other than those constructed or
maintained by the county, within rights -of -way of the county road system as defined in F.S.
§ 334.03. Any work that will be performed within the roadbed shall only be performed by a
general contractor licensed to do work in Monroe County. Construction or installation
within county -owned canals and county -owned waterways will likewise require a permit
from the Monroe County Building Department. A permit from the Florida Department of
Transportation is required for the construction of accessways to or construction within the
rights -of -way of any part of the state highway system as defined in F.S. § 334.03. A permit
cannot be obtained for placing boulders, irrigation or electrical lighting systems within the
county public right -of -way.
(1) A property /homeowners association, as set forth in F.S. ch. 720, or corporation lawfully
established in accordance with F.S. ch. 607 or 617 may be issued a permit for limited
landscaping around wastewater lift stations and for limited landscaping, subject to the
limitations set forth below, when the association provides a written agreement recorded
in Monroe County Official Records that promises for all maintenance of landscaping to
be the sole responsibility of the association.
(2) A property owner, or property /homeowners association, or corporation lawfully
established in accordance with F.S. ch. 607 or 617 may be issued a permit for limited
landscaping, as defined in section 19 -31, subject to the following limitations:
No landscaping is permitted within the clear sight triangle of any road or drive, or
within 50 ft. of an intersection as shown in Detail 6.0 of the Monroe County Public
Works Manual;
A minimum seven -foot wide clear zone, measured from the edge of asphalt, is to be
maintained for off street parking and kept clear of all plantings (except groundcover)
and branches at all times;
Trees and shrubs will be planted and maintained so that they do not impact the paved
road surface (roots of mature trees) or utilities;
Trees and shrubs will be planted and maintained so that they do not impact access or
interfere with utilities;
Shrubs must be maintained to a height of no greater than three feet, except when
permitted for the express purpose of screening around wastewater lift stations;
Landscaping must conform to the types specified in section 114 -105 and must not bear
fruit, nuts or seeds that may create a hazard by dropping on the right -of -way;
No trees may be planted under overhead utility lines.
Page 2 of 3
(b) The property owner, property owners /homeowners association, or corporation is responsible
for and shall indemnify the county from any and all liability, claims, demands or causes of
action relating to or arising from any permitted work. The county reserves the right to
require the property owner, association, or corporation to remove any permitted work in the
county right -of -way.
(c) Failure to maintain the county right -of -way may result in the county requiring the permittee
to remove, or the county removing with its own forces /staff, anything within the right -of-
way and /or prosecuting violations in accordance with chapter 8 of the Monroe County
Codes. Failure to comply with this section or section 19 -40 will be prosecuted in accordance
with chapter 8.
(d) The county has the right to remove at any time anything within its right -of -way without
notice.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this ordinance
shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
as an addition or amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed with
the Department of state and shall be effective as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe unty,.Fida,
at a regular meeting of said Board held on the 18 day of July, 2018. 0 m :r -11
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c, rn s - - ..:
• Mayor David Rice Yes rn 72 -ra
Irset 4 ® 00t, Mayor Pro Tem Sylvia Murphy Yes
Commissioner Danny Kolhage Yes ��.
�'�/`'�, A ommissioner Heather Carruthers Yes Q '
IP 1 ommissioner George Neugent Yes -,�
J l BOARD OF COUNTY COMMISSIONERS
Na Zst: N MADOK, Clerk OF MONROE COUNTY, FLORIDA
ii,- , 4 , , i___
By� 4 By
Deputy Clerk Mayor /Chairperson
-411P COUNTY ATTORNEY
P 3 of 3 CHRISTINE LIMBERT- BARROWS
ASSISTANT C A RNEY
DATE: / th
/lc,- It KEY9 T
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, 1- ir B ' , I I I
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800, Key West FL 33041
P: (305) 292 -7777 ext. 219 F: (305) 295 -8025
legals @keysnews.com
RECEIVED
MONROE COUNTY BD OF COMMISSIO
PO BOX 1026 JUL 0 3 2018
KEY WEST FL 33041 -1026
MONROE COUNTY ATTORNEY
Account: 138472 Ticket: 240583
person de that if a a
PUBLISHER'S AFFIDAVIT -
NOTICE OF INTENTION TO CONSIDER
STATE OF FLORIDA 700A, IN Op COUyTY ORDIN ANCE NOTICE OF INTENTION TO CONSIDER
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE
,_ N HE REBY GIVEN T011VHOM I MNCERN that on JuIyr4B, 2018 a NOTICE IS HEREBY GIVEN TO WHOM R 3:., or as soon ther after as ma y MAY CONCERN that on July 18, 2018 at- b in the MarathpGovernmen t Before the undersigned authority personally appeared 3:00 RM., or as soon thereafter as may C 798 Oversea ig hway,'Mara- be heard, in the Marathon Government
thy West, Mar oe County, Flori- Center, 2798 Overseas Highway, Mara-
daoard of C. my Commissioner / [ , who on oath says that he or she is thon, Key West, Monroe County, Flori- of e Coun Florida, intends to da, the Board of County Commissioners co toy.
he ad..tion of th f
s of Monroe County, Florida, intends to County .rdina•ce:
C `� n f/12 ! () e [� of the Key West Citizen, daily consider the adoption of the following
y zen, a y news- County ordinance: AN OR NCE OF THE MONROE
paper published in Key Wee t, in Monroe County, Florida; that the attached copy COU NTYBOARDOFCOUNTYCOMMIS-
AN ORDINANCE OF THE MONROE STON AMENDING SECTION 1 9 -33 OF
of advertisment, being a legal notice in the matter of ADOPTION OF COUNTY COUNTY BOARD OF COUNTY COMMIS- THE MONROE COUNTY CODE; ALLOW-
SIONERS AMENDING SECTION 19 -33 OF DATE ING FOR RIG - OF - PER TO
ORDINANCE was published in said newspaper in the issues of: THE MONROE COUNTY CODE; ALLOW- BE ISSUED TO CORPORATIONS; PRO -
ING FOR RIGHT -OF -WAY PERMITS TO VIDI FOR with SE VERAB a ILITY; P ROVID-
BE ISSUED TO CORPORATIONS; PRO- ING FOR REPE OF ALL ORDINANCES
Wednesday, June 27, 2018
INCO HEREWITH; PR
VIDING FOR SEVERABILITY; PROVID-
ING FOR REPEAL OF ALL ORDINANCES coe FOR INC ORPORATION INTO T MON-
INCONSISTENT HEREWITH; PROVIDING ROE CO UN d TY CODE OF ORDI NANCES;
Affiant further says that the Key West Citizen is a newspaper published in Key FOR INCORPORATION INTO THE MON- AND PR OVIDI N G FOR J1N. EFFECTIVE
ROE COUNTY CODE OF ORDINANCES;
West, in said Monroe County, Florida and that the said newspapers has hereto- AND PROVIDING FOR AN EFFECTIVE pursu to Se 286.0105 Florida
fore been continuously published in said Monroe County, Florida every day, and DATE• statutB notice i s given that if a person o-
has been entered as periodicals matter at the post office in Key West, in said Pursuant to Section 286.0105, Florida decide t o appe any decision made by
hearings Monroe County, Florida, for a period of 1 year next preceding the first publication decides to appeal Statutes, notice is any decision mde by considered
at such a record matt pore:
r
of the att- ed copy of advertisement; and affiant further says that he or she has the Board with respect to any matter ceedi and t for such soy purposethe , ,
er
neither .aid or promise- any pe son, firm or corporation any discount, rebate, considered at such hearings or meet-
he .may need to ensure that a verba-
, tim
cam fission •r re
d 'or •e •. pose of securing this advertisement for publics -
ceedings, will need a record of the pro- ngs, and that, for such purpose, which record of the is made
. i ngs proceedings
ch record includes the testimony ,
tion i the aid ?_ ---- - - - - - - he may need to ensure that a verbs- and evidence upon which the appeal is
/, tim record of the proceedings is made, to be based.
which record includes the testimony
� / / / / � J ,1I� and evidence upon which the appeal is ADA ASSISTANCE: if you are a person
( Si A A to be based. with a disability who needs special
9 ' / accommodations in order to partici-
ADA ASSISTANCE: If you are a person pate in this proceeding, please contact
Affir rand subscribed b fore me this 27th day of June 2018 g Q 6 6 0 with a disability who needs special - I the County Administrator's Office, by
\ ® ` C+ Ili accommodations in order to partici- Phoning (305) 2924441, between the
® ® ® O U 1 7 iif P proceeding, please hours of 8:30 a.m. - 5:00 p.m., no later
� ,/QJ �1 c ate in this roceedin lease contact
4. i' l', ice! - ®® `` ° `C '�" the County Administrator's Office, by
® than five (5) calendar days prior to the
� �r e ° ° ° ° ®° �j tl , ' honing (305) 292 -4441, between the scheduled meeting; if you are hearing
(Notary Public Si nature) ® o s • S OT A A y ° °° 'lo urs of 8:30 a.m. - 5:00 p.m., no later or voice impaired, call "711 ".
f �.) o ° m
A/p Rsi•1b z _ ai l/�y� z 4t., ; , C than five (5) calendar days prior to the
scheduled meeting; if you are hearing �
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Dated at Key West, Florida, this 20th
( 1
Nota Public Printed Name gNot I a day of June, 2018.
o ° °m ry ) ° 5g1 1)2018 a D a t ed at Key West, Florida, this 20th y
I I -7 Do` s � a No. FF 143137 ° day of June, 2018. KEVIN IVIADOK,
My commission expires /
®(P° ° /j ` G e Q' "Tam MADOK, Clerk of the Circuit Court and ex officio
Clerk of the Board of County
(1B t O • ;Clerk of the Circuit Court and ex officio ; commissioners of Monroe County,
® ® ® QT ° ° ° ' °°•• ° °•• ® ° ° , ,,;,'.> Clerk of the Board of County Florida
Personally Known X Produced Identification el F O F � _v,' Commissioners of Monroe County,
i ® ® ® B P B 6 S \ \ \ Florida i 06/27/18 Key West Citizen
Type of Identification Produced z_ 0627/18 Key West Citizen
July 27, 2018
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 013-2018 amending Section 19-33 of the
Monroe County Code; allowing for right-of-way permits to be issued to corporations; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 18, 2018. Should you have any questions, please
feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex-officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: MuniCode
County Administrator
County Attorney
Engineering
BOCC
File
RICK SCOTT KEN DETZNER
*RYHUQRU 6HFUHWDU\RI6WDWH
July 27, 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:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 013-2018, which was filed in this office on July 27,
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.fl.us
From: ords2municode.com
To: peters-katherine@monroecounty-fl.aov; Pam Hancock
Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 17 Update 3
Date: Sunday,July 29,2018 1:07:43 PM
Attachments: ATf00001.bin
ATf00002.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 17 Update
3
Ordinance No. 012-2018 7/18/2018 7/26/2018 PDF
Ordinance No. 013-2018 7/18/2018 7/29/2018 PDF
Ordinance No. 014-2018 7/18/2018 7/26/2018 PDF
Correction of 06262018 6/26/2018 Word
' _ '
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.