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Item P3
C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: P.3 Agenda Item Summary #4276 BULK ITEM: No DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 3:00 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to consider adoption of an Ordinance revising Section 19 -33 of the Monroe County Code to allow for right -of -way permits to be issued to corporations in addition to property owners and property /homeowners associations. ITEM BACKGROUND: The Board at its May 16, 2018 meeting approved issuance of a permit to Duck Key Community Benefit Inc. d /b /a Duck Key Property Owners Association ( DKPOA) to landscape on county rights -of -way in front of vacant lots owned by Monroe County and multiple private owners. As explained in more detail below, since DKPOA is not the property owner of the lots adjacent to the proposed landscaping and is not a property /homeowners association established in accordance with F.S. 720.30, Sec. 19 -33 of the Monroe County Code is being revised to add language to allow for permits to be issued to corporations that are established for the purpose of maintaining and improving their respective neighborhood. Currently Monroe County Code section 19- 33(a)(1) provides that a "property /homeowners association, as set forth in F.S. ch. 720 may be issued a permit for limited landscaping around wastewater lift stations. While the specific requirement to be an established as an HOA under chapter 720, F.S. is not stated under subsection (2), which applies to permits for limited landscaping within the ROW, the ordinance still only provides that a permit may be issued to a property owner or property /homeowners association and thus the ordinance will revise both subsection to include corporation. o F.S. 720.30 - Definitions- defines a homeowners association in part as a Florida corporation made up of parcel owners and in which membership as a mandatory condition of parcel ownership. Duck Key Community Benefit/ DKPOA is a voluntary POA and was not established with mandatory membership as a condition of parcel ownership as set forth in the statutory definition, but it is a lawfully established not - for- profit corporation in accordance with chapter 617, Florida Statutes. As was noted at the May 16 meeting, the difficulty in allowing permits to be issued to voluntary HOAs /POAs and corporations is that agreements with the County for continued upkeep and maintenance may become unenforceable if the organization is dissolved or unorganized. If this occurs, the County will ultimately become responsible for maintenance, upkeep or removal of landscaping, especially if potential hazards for failed maintenance by the HOA /POA exist. PREVIOUS RELEVANT BOCC ACTION: BOCC 6/20/18 (C -14): BOCC scheduled a public hearing for July 18, 2018 in Marathon, FL at 3:00 P.M. or as soon thereafter as may be heard BOCC amended the Monroe County Code ( "Code ") Chapter 19 Roads and Bridges to prohibit boulders or landscaping on the right -of -way at the August 18, 2010 BOCC meeting via Ordinance 025 -2010; BOCC amendment the Code to allow for a right -of -way permit to be issued to a property /homeowners association to plant limited landscaping to beautify the area surrounding the wastewater life stations at the July 17, 2013 BOCC meeting via Ordinance 031 -2013; and BOCC approved revisions to Monroe County Code Chapter 19 Roads and Bridges to permit limited landscaping on County rights -of -way at the September 16, 2015 BOCC meeting via Ordinance 017- 2015. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Draft Ordinance amending Sec. 19 -33 Ordinance 025 -2010 prohibiting landscaping and holders in the ROW Ordinance 031 -2013 allowing limited landscaping around wastewater lift stations Ordinance 017 -2015 allowing limited landscaping in the ROW Notice of Intention to Consider Adoption of County Ordinance re County ROW FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Advertising Costs TBD 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: Match: Insurance Required: Additional Details: REVIEWED BY: Christine Limbert Completed 06/21/2018 11:20 AM Judith Clarke Completed 06/22/2018 10:46 AM Budget and Finance Completed 06/25/2018 8:04 AM Maria Slavik Completed 06/25/2018 8:24 AM Kathy Peters Completed 06/25/2018 1:53 PM Board of County Commissioners Pending 07/18/2018 9:00 AM ORDINANCE -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: 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, of 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 (b) The property owner, of 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, of 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 County, Florida, at a regular meeting of said Board held on the 18 day of July, 2018. Mayor David Rice Mayor Pro Tern Sylvia Murphy Commissioner Danny Kolhage Commissioner Heather Carruthers Commissioner George Neugent (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor /Chairperson : � � Mayor Murphy ORDINANCE NO. 025 — 2010 CL AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE ' CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED USES OF RIGHTS -OF -WAY; PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABIIITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT 0 HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Code Ch. 19 currently requires permits for construction or improvements in existing rights -of -way and all roads and streets dedicated to the County in order to preserve the functionality of the rights -of -way, to maintain smooth traffic flow, and to apply safety standards; and WHEREAS, Section 316.025(1), Florida Statutes (F.S.), currently prohibits the obstruction of the normal use of a public street or road by impeding traffic thereon; and WHEREAS, members of the public have complained about children playing on their streets, especially where semi- permanent structures such as basketball hoops have been placed within the right -of -way on or off the pavement, and refusing to move when motor vehicles pull into the streets, thereby endangering both themselves and the persons in the vehicles; and WHEREAS, an old County Engineer opinion regarding obstructions in the right -of -way is debatably inconsistent with existing Code provisions and it is deemed in the interest of public safety and welfare that the County Code be revised to clarify permissible uses and effectively repeal the old opinion; and WHEREAS, it has been deemed to be a matter of public welfare to create a separate ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this ordinance is a companion; and WHEREAS, certain sections in Chapter 19 and 25 incorrectly refer to the public works department and public works director since the engineering department and engineering director handles right -of -way permits and such reference should be changed to reflect the division that is responsible for right -of -way permitting; Co.Atty. Ord Amend. Ch. 19 and 25 Page 1 of 12 As approved BOCC 8/18/10 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 19 -31, Monroe County Code, shall be amended to read: Sec. 19-31. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Arterial road means a road carrying a higher volume of traffic than a local or collector road, that is used primarily for traffic traveling a considerable distance and as otherwise defined in F.S. § 334.03(1). An arterial road is generally continuous and is used as a main traffic artery. Collector road means a road that carries traffic from local roads to major thoroughfares and includes the principal entrance roads of a residential subdivision and as otherwise defined in F.S. § 334.03(4). County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8). Governmental or subgovernmental agencies means the state and its various agencies and departments, the United States of America and its various agencies and departments, political subdivisions of the state, including counties, incorporated municipalities of the state, drainage districts, and such taxing districts and special agencies and bodies as are created by county ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. § 334.03(12). Local road means a road designed and maintained primarily to provide access to abutting property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through traffic. Permit means the written permission of the board of county commissioners through the office of the county engineering director to enter onto the public rights -of -way within the county road system to perform the construction or installation as specified in that instrument. Permittee means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit commencing proceedings under this article or obtaining a permit as provided herein to effect construction within the public rights -of -way of the county. Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or their successors, affiliates, subsidiaries or assigns. Co.Atty. Ord Amend. Ch 19 and 25 Page 2 of 12 As approved BOCC 8/18/10 Public rights -of -way means land that is dedicated or deeded to (or is now used or will be used by) the county as a road, street, alley, walkway, drainage facility, access for ingress and CL egress, or for other purposes, including those rights -of -way within municipalities that by virtue of bilateral agreements between the municipality and the county are subject to the jurisdiction and control of the county engineering department; and those state secondary roads for which maintenance has been assigned to and accepted by the county. Until such time as the board of county commissioners accepts ownership and responsibility for the maintenance of a right -of- way, it shall not be considered part of the public rights -of -way for the purposes of this article except in cases where the title to such right -of -way was vested in the county prior to June 11, 1963. Public works manual means the current edition of the "Monroe County Public Works Manual, Parts 1 and 2." Road means the same as that term is defined in F.S. § 334.03(23). SECTION 2. Section 19 -33, Monroe County Code, shall be amended to read: Sec. 19 -33. Permit required. 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. Construction or installation within county -owned canals and county -owned waterways will likewise require a permit. 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 boulders or landscaping within the County public right -of -way. SECTION 3. Section 19 -35, Monroe County Code, shall be amended to read: Sec. 19 -35. Permit review by the county engineering director. The board of county commissioners hereby authorizes and empowers the engineering director or his duly authorized representative to receive and review permit applications, collect fees, and issue permits in a timely manner allowing the permittee to enter onto the public rights -of -way within the county road system to perform specified construction or installation. No work may be performed in county rights -of -way or easements, except as noted in sections 19 -34, 19 -36, and 1945 until plans have been submitted in conformance with section 19 -38 and a county public right -of -way use permit has been issued by the engineering director. Co.Atty. Ord Amend. Ch. 19 and 25 Page 3 of 12 As approved BOCC 8/18/10 SECTION 4. Section 19- 38(a), Monroe County Code, shall be amended to read: (a) All applications for county public right -of -way use permits, accompanied by the appropriate fee, and including four sketches, plans or drawings of the proposed construction or alteration, shall be submitted to the county engineering director. All construction within county public rights -of -way shall conform to and meet the technical standards and specifications of the county as contained in the document entitled, "Public Works Manual: Standard Specification and Details," and/or land development regulations, as applicable. Application for access to or construction within state road rights -of -way shall be submitted to the Florida Department of Transportation. SECTION S. Section 19- 38(b)(3), Monroe County Code, shall be amended to read: (3) A general description of the proposed project, its purpose and intended use, including a description of the nature and type of construction; composition, etc.; date when the activity is proposed to commence and approximate date when the proposed activity will be completed, including legal description, or street address and approximate nearest mile marker and key; and an explanation or detailing of any additional information reasonably required by the engineering director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil percolation test, etc.; and SECTION 6. Section 19 -39, Monroe County Code, shall be amended to read: (a) Unless specifically waived by the board of county commissioners, or the county engineering director, the permit shall not be effective for any purpose whatsoever until the applicant, or his designated representative, delivers to the county engineering director a certificate of general liability insurance and automobile liability insurance with combined single limits of liability of no less than $300,000.00 for bodily injury and property damage coverage equal to or in excess of the following limits: $300,000.00 combined single limit for property damage and/or bodily injury. The certificate of insurance shall name the county as an additional insured, shall be effective for all periods of work covered by this use permit, and shall be in a form acceptable to the county engineering director. A statement of insurance from a self - insured entity may be accepted as a substitute. (b) An executed right -of -way bond or other form of surety acceptable to the engineering director may, at the discretion of the engineering director, be required in an amount equal to 110 percent of the estimated cost of construction. Such bond shall be in effect for a period of not less than 30 days and not more than 90 days after final inspection and acceptance of work by the engineering department. A letter guaranteeing performance of work may be deemed acceptable in lieu of a bond. All restoration shall leave the right -of -way or easement in a condition that is as good as or better than that which existed prior to construction. Co.Atty. Ord Amend. Ch 19 and 25 Page 4 of 12 As aWmved BOCC 8/18/10 SECTION 7. Section 19- 40(f), Monroe County Code, shall be amended to read: (f) All permitted work will be subject to inspection by the county engineering department. SECTION S. Section 1941(b), Monroe County Code, shall be amended to read: (b) Access driveways onto rights -of -way shall be limited to the least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights -of -way, the application shall be reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights -of -way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the engineering department. SECTION 9. Section 1943(a), Monroe County Code, shall be amended to read: (a) The board of county commissioners hereby establishes reasonable application and permit fees to be charged by the engineering department for activities permitted hereunder. SECTION 10. Section 19- 43(b)(1), Monroe County Code, shall be amended to read: (1) Where the construction performed is for the benefit of a governmental or subgovernmental agency and applicable fees are specifically waived on an individual project -by- project basis by the director of engineering; SECTION 11. Section 1943(b)(2), Monroe County Code, shall be amended to read: (2) Where the permittee is under contract to deliver the constructed project over to a governmental agency upon completion of the project and the director of engineering has waived applicable fees for such project consistent with subsection (b)(l) of this section; SECTION 12. Section 19- 43(c), Monroe County Code, shall be amended to read: (c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in an amount determined by the engineering director pursuant to the following schedule. In the event a construction permit is denied, only the application fee shall be payable. Co-Atty. Ord Amend. Ch. 19 and 25 Page 5 of 12 As approved BOCC 8/18/10 SECTION 13. Section 19- 43(d), Monroe County Code, shall be amended to read: Section 19- 43(d). Fees. (d) The engineering department shall charge and collect fees for the items at rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county public right -of -way use permit applications. If the permit application is approved, the application fee will be applied to the permit fees as detailed under subsection (d)(2) of this section. (2) Permit fees. Fees for public works construction, under permit issued by the engineering department, in canal, road and street rights -of -way and easements in the unincorporated area of the county and in the rights -of -way of canals, roads and streets located within municipalities that are maintained by the county are established as follows: a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: TABLE INSET: For 100 lineal feet or fewer $30.00 For each additional 100 lineal feet or fraction thereof 6.25 b. For French drains, consisting of catch basin and seepage trench or slab covered trench: TABLE INSET: For the installation consisting of one or two catch basins, and seepage $30.00 trench or soakage pit of lengths not to exceed 100 lineal feet c. For construction or replacement of sidewalks, curb and gutter: TABLE INSET: For 100 lineal feet or fewer $25.00 For each additional 100 lineal feet or fraction thereof 6.25 d. For construction of driveways: TABLE INSET: For driveway width of 20 feet or fewer $25.00 For driveway width greater than 20 feet but less than 40 feet (each 15.00 driveway) For driveway width greater than 40 feet (each driveway) 20.00 Co-Atty. Ord Amend. Ch 19 and 25 Page 6 of 12 As approved BOCC 8/18/10 e. For construction of street pavements: 1. One -lane or two-lane pavements (width of pavement zero to 24 feet): TABLE INSET: For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 10.00 2. Three or more lanes of pavement (aggregate width greater than 24 feet): TABLE INSET: For 100 lineal feet or fewer $100.00 For each additional 100 lineal feet or fraction thereof 25.00 f. For paving of parkways and shoulders: TABLE INSET: For 100 lineal feet or fewer $50.00 For each additional 100 lineal feet or fraction thereof 12.50 g. For construction of curb separators: TABLE INSET: For 100 lineal feet or fewer $25.00 For each additional 100 lineal feet or fraction thereof 5.00 h. For construction of bridges: TABLE INSET: For bridge roadway area of 1000 square feet or fewer $500.00 For each additional 100 square feet 25.00 i. For installation of permanent -type traffic barricades, guardrails and guide posts: TABLE INSET: For each 100 lineal feet or fraction thereof 1 $12.50 1 j. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DEP): TABLE INSET: For each lineal foot pipe, per foot of pipe diam o r fraction thereof $1.00 Co.Atty. Ord Amend. Ch 19 and 25 Page 7 of 12 As approved BOCC, 8/18/10 k. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate lengths as one continuous pipe. 1. Penalty fees. a. When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good -faith belief that the construction is not affecting the county right -of -way, the penalty fee may be waived at the discretion of the engineering director; provided, however, that violators promptly apply for a permit and pay all applicable fees. b. The penalty fee shall be $250.00 plus double the original permit fee. c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve any person, firm or corporation from being subject to any of the penalties therein. SECTION 1.4. Section 19-44, Monroe County Code, shall be amended to read: Sec. 19 -44. Relocation upon notice by the engineering director. Any permission granted for construction under this article does not constitute and shall not be construed as permitting a permanent installation within any public right -of -way. Any facility permitted within the public right -of -way shall be relocated or reconstructed by the owner at his sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any project performed by the county or its authorized representative, that is deemed to be in the interest of the general public within 30 days of the request. It shall be the responsibility of the engineering director to provide notice to the affected permittees at the earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the owner requests additional time up to a maximum of 180 days, this may be granted by the office of the engineering director upon receipt of a letter stating adequate grounds to support the owner's position that additional time is necessary to complete the relocation. If the extension of time requested by the owner is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the owner may appeal to the board of county commissioners by written request; and the time for relocation shall be stayed while the appeal is pending. Where the county has requested a relocation, permits shall be required to approve the new sites of the utility facility, but permit fees shall be waived. Utility placements and relocations shall be governed as provided by general law. SECTION 15. Section 19-45, Monroe County Code, shall be amended to read: Sec. 19 -45 Emergency repairs. In the event of an emergency requiring repairs by utility companies to some portion of their facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however, emergency repairs shall be reported to the county engineering director the next business day as provided for in section 19 -36. Traffic safety measures must be implemented by the utility. Work co.auy. Ord Amend. Ch. 19 and 25 Page 8 of 12 As approved BOCC 8/18/10 performed as a result of such emergency repairs may continue pending the granting of an after - the -fact permit. CL SECTION 16. Section 19-46, Monroe County Code, shall be amended to read: Sec. 19-46. Appeals. ' Any party claiming to be aggrieved by a decision of the engineering director may appeal to the board of county commissioners by filing a written notice of appeal with the engineering director within 30 days of the date of denial. Once a denial has been issued by the County engineering director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC within 30 days of the denial and shall not be allowed to submit a second application or a petition for clarification, or any other mechanism to attempt to create a new date from which the 30 days for appeal shall run. SECTION 17. Section 19 -47, Monroe County Code, shall be amended to read: Sec. 19 -47. Time limits. (a) Within seven days after receipt of an application for a permit under this article, the director of engineering (or his designee) shall review the application and shall request submittal of any additional information the director is permitted by law to require. If the applicant believes any request for additional information is not authorized by law or departmental rule, the applicant shall notify the director that the applicant objects, the grounds therefore, and that he will rely upon his appellate rights under section 19 -46 in the event the permit is denied. Within 15 days after receipt of any submitted additional information, the director shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the director for such additional information is not authorized by law or department rule, applicant shall notify of his objection and give notice to proceed to process the permit application. Permits shall be approved or denied within 30 days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application, whichever shall have last occurred. If the application is not approved or denied in writing within 360 days after the last submittal, it shall be deemed approved and the applicant may demand the permit be issued. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of engineering with an explanation of the basis for such request. (b) A request may be made to the director of engineering with the filing of an application for expedited review and processing, and provided that all information required as described in subsection (a) of this section is submitted with the application, the director shall make a reasonable effort to review and process the same within five days after receipt. Co. AMY. Ord Amend. Ch. 19 and 25 Page 9 of 12 As approved BOCC 8 /I8/10 SECTION 18. Section 19-48, Monroe County Code, shall be amended to read: CL Sec. 19 -48. Restoration and penalty. No person shall use county rights -of -way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefore unless otherwise authorized by r law. In the event county rights -of -way or easements are used and/or construction or obstruction takes place without a permit, upon written notice by the engineering director, the person shall apply for an after- the -fact permit and pay all fees and penalties as provided in Section 1943 of this Chapter and shall restore any area for which an after - the -fact permit may not be issued to its original condition and cease any nonpermitted use except as noted in section 19- 43(b). SECTION 19. Section 25 -5, Monroe County Code, shall be created to read: Sec. 25-5. Prohibition of obstruction of traffic. It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road in the unincorporated areas of Monroe County by impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or approaching motor vehicles thereon, or by endangering the safe movement of vehicles or pedestrians traveling thereon; and any person or persons who violate the provisions of this subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in Sections 25 -6, Monroe County Code. SECTION 20. Section 25 -6, Monroe County Code, shall be created to read: Sec. 25-6. Penalties. (a) Any person cited for a violation of Section 25 -5, Monroe County Code is charged with a noncriminal infraction and shall be cited for such an infraction as well as the corresponding state statute and shall be cited to appear before the court official who handles other traffic violations. (b) Any person cited for an infraction under this section must sign and accept a citation indicating a promise to appear. The officer may indicate on the traffic citation the time and location of the scheduled hearing and must indicate the applicable civil penalty established in s. 318.18. (c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor of the second degree. Co.Atty. Ord Amend. Ch. 19 and 25 Page 10 of 12 As approved BOCC 8/18110 SECTION 21. Section 25 -35, Monroe County Code, shall be amended to read: Sec. 25-35. Parking of trucks, trailers and travel trailers, storage. (a) Within any residential district, no trucks, trailers or wagons of one -ton or greater capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked on the paved part of any public right -of- way, or on private property except within a completely enclosed garage. No trailers of less than one -ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping trailers and cargo trailers shall be parked for storage purposes, including overnight, on any public right -of -way, but such trailers may be parked on private property in any district pursuant to subsection (b) of this section and this chapter. Only one recreational vehicle -type unit as defined in RS § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided I this section. Trucks, trailers, wagons, or recreational vehicle -type units as referred to in this subsection may only be parked on the same lot with and after the principal structure is erected. (b) All trailers, motor homes or motor coaches parked in accordance with this article shall be parked taking into account the setback requirements as is set forth in part II of this Code. (c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of this article shall not be used as a place of habitation. (d) No motor vehicle of any type shall be stored, including parking overnight, on any public right -of -way. A motor vehicle parked on a public right -of -way in excess of seventy -two (72) hours shall be presumed to be stored. (e) These vehicles must be registered in the name of the owner or the tenant of the property where they are parked. (f) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties collected pursuant to this section must be remitted to the county's general fund. (g) In the case of a violation of this section, the law enforcement officer or parking enforcement specialist, in addition to charging the owner or operator with any noncriminal violation set forth in subsections (a) through (e) of this section, may have the vehicle towed and impounded at the owner's expense. The cost of such towing and impoundment shall be a lien against the vehicle. If the county court determines that the noncriminal violation charged was invalid: (1) The vehicle must be immediately released without charge and with the lien provided for in this section automatically extinguished; or (2) If the owner or operator has paid the cost of towing and impoundment, the amount paid must be refunded. ca.auy. Ord Amend. Ch. 19 and 25 Page 11 of 12 As approved BoCC 8/18/10 SECTION 22. SEVERABILITY. Should any provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as whole, or any part thereof, other than the part declared to be invalid. 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 23. 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 24. INCLUSION IN THE 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 25. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State as provided in section 125.66(2), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a regular meeting of said Board held on the I day of August, 2010. Mayor Sylvia Murphy Yes Mayor Pro Tem Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Mario Di Gennaro Yes Commissioner Kim Wigington Yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE CO , FLORIDA By Deputy Clerk Mayor /Chairperson cM c U*) W © •, cD s COUNTY ATTO ^'J Qf w - A .COVED AST C--) .. _ p W UZA N A. TTON Ls.1 C09 vw}� ._! o � 40 Co-Atty. Ord Amend Ch 19 and 25 Page 12 of 12 As approved BOCC 8/18/10 1,1 1ii. w-llwiq. Ln Ln p- ru C3 C3 C3 C3 C3 tJ r rq puruw C3 :, C. Box 2265 - - -- - ----------------------------------- r '( 8 .A � Nc N . Y. a h a e �:.. 32316-2235 11711- --- --- I - - --- ............................ ta'a ZAP -4 cl 13112! clzllllmllm�M-111! ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Program Administrator Administrative Code and Weekly R.A. Gray Building A. Signature X ❑ Ag ❑ Ad B. Received by (Printed Name) C. Date of lf r%jg different from item 1 ? 13 Yet f , �low: ❑ No Sfp1 -' 0 X00 South Bronough Street 3. S Type Tallahassee, Florida 32399 -0250 Moeftffled Mali ❑ Express Mail ❑ Registered ❑ Return Receipt for Merch ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7010 1670 ppp� 0244 7525 (Transfer from service label} PS Form 3811, February 2004 Domestic Return Receipt 102595-02 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees P� uSPS Permit No. G -10 • Sender. Please print your name, address, and ZIP +4 in this box • DANNY L. K "O LHAGE t: LOIRI "A 33040 l� f l w , rLj LP] Fl— R! M r'q ci Q Q Q rq ED r' Postanp I MF Certified Fee �- �et��rn Heceipt Fee f� Postmark Here o Hestricted Oelidery Fee IFnrlorsement AP90red) ,�. oa Admini * ek! Sent To R.A. G Bud YS -6; r�;l;F - A,;TWO - t=tT - ffrO7nTO xg ---------------- 4 f W I or Pu [fo No.-, LIa cida_. 32399: 0 . heiti, State, Y +4 • • • r Certified Dail Provides; ■ A mailing receipt ■ A unique identifier for your mailpiece a A record of delivery kept by the Postal Service for two years Important Reminders: W ('ar'tifijmrH AAPii M n r r)NII a Certified Mail is not available for any class of international ;email. hIl`1 €EkIC`I ECJ A11f'+C �''r`hIIC"E S Af�C� iL+ +"?4"�/�i 11 r1F 'tl_ � - -.•r• a a � ! V�� i[ Y'�J 4�i Sr is l� s-.. ..• , -. _. _ � . valuables, please consider Insured or Registered Mail. fA �L. d, •v .J L.CAl 1 L'il !"7 .•.:.,.a !1 )C� P' r'1n441 I LL •[. .. ._.. ..__ ..." _.. .. F � -fin �.l t� •'I� .�. ..� F��-. i f"\ �. ^1. i[[ 'Y f •J it PP icLtf .,1���r. .,�f.:...� i i ..a..... ..F f r .a•t' a f .. ...+° _:r: ice• � � _, required. m r r nn rrrj-4 4 n! r1 e, TI I •,�• h z=! fee, - �r�r•�rnnnr�. �.••� 4� r ;- r•%f4 L S _ LL_ -. _I _I. _ _ ._._. _ �.I �._ •� endorsement "Restricted`Delivery" if a p ie }rr��E nn tl n Cert ified sort AA�i! rar 4ninf iy r n irn:r t , W Y. �-,+ 4 f s �s r r _ cle a t the poS-1 'Dif ce r,: n ��, „ receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inq P5 Form 3800, :August 2006 (reverse) PSN 7530 -02 -000 - 9047 0 1 • f . I- f r CHARLIE CRIST Governor September 13, 2010 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: DAWN K. ROBERTS Interim Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated September 8, 2010, and certified copies of Monroe County Ordinance Nos. 025 -2010 and 026 -2010, which were filed in this office on September 13, 2010. Sincerely, r Liz Cloud rn ( Program Administrator - n �J LC /srd = C .. o cn o DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee. Florida 32399 -0250 850.245.6600 • FAX: 850. 245.6735 • TDD: 850.922.4085 • http: / /dlis.dos.state.il.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 850.245.6700 • FAX: 850.488.4894 CAPITOL BRANCH RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 • FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX: 850.245.6282 STATE LIBRARY AND ARCHIVES OF FLORIDA as* nNmrsep" MAL On Cooke Communications, LLC Florida Keys Marsha F. Kirkwood Advertising Coordinator PO Box 1800 Key West FI 33041 Office .... 305 -292 -7777 Extension ........ x219 Fax ....... 305 -295 -8025 leaals(M- kevsnews.com STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice - President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of INTERNET PUBLISHING keywest.com was p ublished in said newspaper in the issues of keysnews.com p floridakeys.com key - west.com Web Design Services NEWSPAPERS Affiant further says that the Key West Citizen is a newspaper published in The Citizen Key West, in said Monroe County, Florida and that the said newspaper has Southernmost Flyer heretofore been continuous) published in said Monroe County Florida Solares Hill Y p ty, e ve ry Big Pine Free Press day, and has been entered as second -class mail matter at the post office in Key Marathon Free Press West in said Monroe County, Florida, for a period of 1 year next preceding Islamorada Free Press Key Largo Free Press the first publication of the attached copy of advertisement; and affiant further MARKETING SERVICES says that he has neither paid nor promised any person, firm or corporation any Commercial Printing discount, rebate, commission or refund for the purpose of securing this Citizen Locals Card Direct Mail advert p newspaper. advertisement for p ublication in the said news a er. r ' FLORIDA KEYS OFFICES f Printing / Main Facility 3420 Northside Drive - Key West, FL� 33040 -1800 Signature of Affiant Tel 305 - 292 -7777 Fax 305 - 294 -0768 citizen , kevwest.co Sworn and subscribed before me this day of , 2010 Internet Division 33040 -3328 Tel 305 - 292 -1880 Fax 305 - 294 -1699 Notary Public: sales @keywest.com Middle Keys Office Marsha F. Kirkwood 6363 Overseas Henry Marathon, FL (MM 52.5) 33050 -3342 , Tel 305 - 743 -8766 T Fax 305 - 743 -9977 marathonAkeysnew Expires: September 15, 2013 Notary Seal Upper Keys Office 91731 Overseas Hwy Tavernier, FL 33070 Tel 305 - 853 -7277 Personally Known x Produced Identification Fax 305 - 853 -0556 fr @floridakeys.com Type of Identification Produced NOTICE OF INTENTION TO CONSN*R ADOPTIONOF rcft isri'Y'tfRgINANCE' NOTICE IS HEREBY GIVEN TO WHOI IT MAY CONCERN that + R i 91 d et 3:00' P.M., or ireafter as may be hea Harvey Go 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 0OARD OF COUNTY COM�II$$10 ,FIS OF MONROE COUNTY, F AMENDING MONROE COUNTY CODE CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF pROHIBITT D USES OF RIGHTS- OF'.WAY; PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR CLARIFICATION TO' START THE ' APPEAL TIME PERIOD RUNNING ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT MEASURES AND FOR MONROE COUNTY CODE OF. ORDINAKE¢F`EFEaVE DOE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board wllri respect to any matter - considered at such hearings or c� MO he will need a record of 7 the proceedings, and that, for such Pte' pupppes, he may need to .ensure #W a verbatim record of the p pings is made, which record irgt os the testimony and 00i0i:e uporw with the appeal is 3c CD APA 4$" E: if you are a CA C=) posim with a d►sabiifty who needs spred$/ accommodations in order to participate in these proceedings, please contact the county A0ministrat Office, by ph (305) -4441, between the hours of 8 :30 a.m. - 5:00 p.m., no later than ten (io calendar days prior to the scheduled meeting; if you are hearing or voice'' impaired, call 711'. Dated at Key West, Florida, this Pack @# 16th day of June, 2010. FLORIDA KEYS I> :V Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The affiant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. 1 _ Swor_ a su tubed before me thisac D of � , 2010 (SEAL) Notary FILED FOR RECORD 2010 JUL 12 AM 10: 1 C , r T. t a e- ) - L 1 � � " BEVERLY TAA M :.: .? MY COMMISSION N DD 969749 EXPIRES: April 18, 2014 , Bonded Thru Notary PW* Undewiters Th eReporterFILED FOR RECORD P.O. Box 1197 • Tavernier, Florida 33070 -1197 2014 JUL ) 2 AM 10= ( 4 (305) 852 -3216 Fax: (305) 852 -0199 1A V E PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DAVID GOODHUE who on oath, says that he is EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: June 25, 2010 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Friday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one 'year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Ch 0 of the,Rlorida State Statutes 9n amgal and' Official Advertisements�r ` SworKto and s 5scribed before me this 25th day of June, 200. No y r MARGARETJ. WHISENHUNT AA1'COMMIS "MU1887 S. JUN 22.2013 1stSob ►flMMtt��rEF =r IAAS,� Nybu are r: r « W A1Ar+nAst �,;�I `) r u u • +e ye o rFIg� ,ae sc bs soondf�reaf�ra�a . ' ►flMMtt��rEF =r IAAS,� Nybu are r: r « W A1Ar+nAst �,;�I `) r u u ORDINANCE 017 -2015 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 19 OF CL THE MONROE COUNTY CODE; PROVIDING FOR RIGHT -OF -WAY PERMIT FOR LIMITED LANDSCAPING; PROVIDING FOR NEW AND REVISED DEFINITIONS; PROVIDING FOR ANY PERMITTED WORK TO BE MAINTAINED BY THE PERMITTEE; PROVIDING FOR REVISIONS TO TIME LIMITS; PROVIDING FOR CLARIFICATION OF RIGHT -OF -WAY PERMIT AND APPEAL PROCESS; UPDATING PROVISIONS RELATING TO RIGHT -OF -WAY; 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 by Ordinance 025 -2010 to prohibit permits to be issued for boulders or landscaping within the County's public right -of -way (ROW); and WHEREAS, in 2013 with installation of wastewater lift stations being installed in Monroe County's public ROW, the County enacted Ordinance 031 -2013 which allowed property/home owners associations to plant limited landscaping to beautify the area surrounding the wastewater lift stations when they provide an agreement to maintain the landscaping so the County will not be burdened with the cost of maintenance; and WHEREAS, the Board of County Commissioners desires to allow limited landscaping in other areas of the County's right -of -way in an effort to allow beautification of these areas while maintaining safety standards and when permittee(s) are responsible for maintenance of improvements; and WHEREAS, Chapter 19 of the Code needs to be updated and amended to provide new and revised definitions, fees, and to delete provisions which are no longer appropriate; and WHEREAS, Chapter 19 of the Code also needs to be updated and amended to provide clarification on the right -of -way permitting and appeal process; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1 : Section 19 -31 Definitions shall be amended to read as follows: Page 1 of 13 Sec. 19 -31. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Arterial road means a road carrying a higher volume of traffic than a local or collector road, that is used primarily for traffic traveling a considerable distance and as otherwise defined in F.S. § 334.03(1). An arterial road is generally continuous and is used as a main traffic artery. Collector road means a road that carries traffic from local roads to major thoroughfares and includes the principal entrance roads of a residential subdivision and as otherwise defined in F.S. § 334.03(4). County road system means the same as that term is defined in F.S. § 336.01 and F.S. § 334.03(8). Governmental or subgovernmental agencies means the state and its various agencies and departments, the United States of America and its various agencies and departments, political subdivisions of the state, including counties, incorporated municipalities of the state, drainage districts, and such taxing districts and special agencies and bodies as are created by county ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. § 334.03(12). Florida Green Book means the most recent version of the Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways. Groundcover means sod or similar low growing herbaceous vegetation. Limited Landscaping means trees and shrubs which the permittee agrees to maintain, subject to the limitations as set forth in Section 19 -33. Local road means a road designed and maintained primarily to provide access to abutting property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and not for through traffic. Permit means the written permission of the board of county commissioners through the office of the Engineering Services Department and Director of Engineering Services to enter onto the public rights -of -way within the county road system to perform the construction or installation as specified in that instrument. Permittee means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit commencing proceedings under this article or obtaining a permit as provided herein to effect construction within the public rights -of -way of the county. Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, cable television, transportation, communication or other system by whomsoever owned and operated for public use, including, but not limited to, the Florida Keys Aqueduct Authority, BellSouth/AT &T, Keys Energy System, The Florida Keys Electric Cooperative Association, Inc. and/or their successors, affiliates, subsidiaries or assigns. Public rights -of -way means land that is dedicated or deeded to (or is now used or will be used by) the Page 2 of 13 county as a road, street, alley, walkway, drainage facility, access for ingress and egress, or for other purposes, including those rights -of -way within municipalities that by virtue of bilateral agreements between the municipality and the county are subject to the jurisdiction and control of the county engineering department; and those state secondary roads for which maintenance has been assigned to and accepted by the county. Until such time as the board of county commissioners accepts ownership and responsibility for the maintenance of a right -of -way, it shall not be considered part of the public rights -of -way for the purposes of this article except in cases where the title to such right -of -way was vested in the county prior to June 11, 1963. Public works manual means the current edition of the "Monroe County Public Works Manual, Parts 1 and 2." Road means the same as that term is defined in F.S. § 334.03(23). SECTION 2 : Section 19 -33 Permit required shall be amended to read as follows: 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 Chapter 720, Florida Statutes, 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 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 7 -ft. 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 Page 3 of 13 (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 3 -ft., 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. (b) The property owner or property owners/homeowners association 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 or association 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 3 : Section 19 -34 Exemptions shall be amended to add the following: (3) A right of way permit is not required to place pea rock, sod or similar ground cover on the county right -of -way. Pea rock must be placed in a thin layer such that it does not restrict flow of stormwater off of the paved roadway onto the shoulder and it must be maintained so that it does not impact the roadway. Ground cover must be of a type and height that it does not prevent off street parking along the right of way. SECTION 4: Section 19 -35 Permit review by the county engineering director shall be amended to read as follows: Sec. 19 -35. - Permit review by the Engineering Services Director. The board of county commissioners hereby authorizes and empowers the engineering director or his duly authorized representative to receive and review permit applications, collect fees, and issue permits in a timely manner allowing the permittee to enter onto the public rights -of -way within the county road system to perform specified construction or installation. No work may be performed in county rights -of -way or easements, except as noted in sections 19 -34, 19 -36, and 19 -45 until plans have been submitted in conformance with section 19 -38 and a county public right -of -way use permit has been issued by the engineering director. Permit applications under Section 19 -38 of this Article for Page 4 of 13 anything specifically prohibited in the rights -of -way shall not be accepted or processed by the Engineering Services Director. SECTION 5 : Section 19 -36 Public and private utility; special provisions and general permits shall be amended to read as follows: Sec. 19 -36. - Public and private utility; special provisions and general permits. All public and private utilities, as defined in section 19 -31, are hereby granted a general and continuing permit to perform maintenance and emergency repairs as may be required to maintain their service, without the issuance of a formal permit or the payment of a fee, except as provided for in subsection (1) of this section, and subject, however, to the notice requirements of subsection (3) of this section. (1) A formal permit will be required of a public or private utility without the payment of a fee when installation or repair of a service will cause damage to an existing roadway or disrupt a previously permitted or grandfathered driveway access or other permitted feature in the county right -of -way. (2) Any work other than installation of a wooden or concrete pole and overhead wires that a utility proposes to accomplish in the county right -of -way that will be accomplished within six feet of an existing roadway or any other previously permitted features within the county right -of -way shall be brought to the attention of the Engineering Services Director or his designated representative, for a determination as to the possible effect on the roadway or other permitted features and whether the issuance of a permit is required. (3) A permit will not be required when a public or private utility will perform work in the county right -of -way that will not cause damage to any county -owned or permitted feature within the right -of -way; provided, however, that the Engineering Services Department is duly noticed in writing by the public or private utility that such work will be in progress and the anticipated time of completion. (4) Request for permits as prescribed by subsection (1) of this section with the exception of an emergency repair permit (see subsection (5) of this section) will be as prescribed by the application procedures in section 19 -38. No fee will be required. Insurance and bonding requirements as outlined in section 19 -39 are waived for a public or private utility; however, a subcontractor for a public or private utility shall be required to obtain such insurance and bonding, and the public or private utility shall submit evidence of such insurance and bonding to the Director of Engineering Services or his representative prior to the commencement of work by a subcontractor. (5) Emergency repair of a utility as prescribed by subsection (1)b. of this section may be accomplished immediately and a permit request in a written form outlining the type of work to be done, and the location may be obtained the next business day from the Director of Engineering Services or his designated representative. (6) It is not the intent of this section to restrict a public or private utility in any way from performing its service to the public as required and regulated by the public service commission or Page 5 of 13 the applicable state statutes. Local government entities have statutory authority to issue permits and prescribe and enforce reasonable rules or regulations pertaining to the use of those right -of -ways under their jurisdictional control. Public or private utilities granted the right to use the right -of -way have a duty and the county requires that they restore a public road or public right -of -way to its original condition at the public or private utility's expense when such facility is damaged in the course of installing, repairing or maintaining physical plant by that utility. (7) The physical plant of any public or private utility heretofore or hereafter placed upon, over or along any public road that is found by the county to be unreasonably interfering in any way with the convenient, safe, or continuous use or maintenance, improvement, extension or expansion of such public road shall, upon 30 days' written notice to the public or private utility or its agent by the board of county commissioners, be removed or relocated by such public or private utility at its own expense. (8) Construction standards and specifications as outlined in section 19 -42 shall be incorporated into all work accomplished for a public or private utility by its own personnel or contracted out to county or state licensed contractors. A concrete slab is not required when repairing roadways; however, the utility will assure and certify to the county that the base being installed as a result of excavation within a right -of -way conforms to county standards and has been compacted to a density not less than 98 percent of density as determined by the AASHTO Test Method T -180. SECTION 6 : Section 19 -37 New utility construction in the county right -of -way of Loop Road, Mainland, Monroe County shall be deleted in its entirety: Section 19 -37 Reserved. SECTION 7 : Section 19 -38 Application procedures shall be amended to read as follows: Sec. 19 -38. - Application procedures. (a) All applications for county public right -of -way use permits, accompanied by the appropriate fee, and including two scaled drawings, plans or drawings that include all pertinent dimensions and show current utilities on sight of the proposed construction or alteration, shall be submitted to the Engineering Services Director or his designee. Permit applications for anything specifically prohibited in the rights -of -way shall not be accepted or processed by the engineering director. All construction within county public rights -of -way shall conform to and meet the technical standards and specifications of the county as contained in the document entitled, "Public Works Manual: Standard Specification and Details ", the Florida Greenbook, and/or land development regulations, as applicable. Application for access to or construction within state road rights -of -way shall be submitted to the Florida Department of Transportation. (b) All applications for county public right -of -way use permits submitted by the owner or permittee, his engineers or legal representative, shall contain the following: (1) The name, address, including zip code, and telephone number of the owner and permittee, and his or their engineers; Page 6 of 13 (2) The name, address, including zip code, and telephone number of the applicant's authorized agent for permit application coordination, together with proof of authorization; (3) A general description of the proposed project, its purpose and intended use, including a description of the nature and type of construction; composition, etc.; date when the activity is proposed to commence and approximate date when the proposed activity will be completed, including legal description, or street address and approximate nearest mile marker and key; and an explanation or detailing of any additional information reasonably required by the engineering director, including, as applicable, survey drawings, aerial photographs, topographic maps, soil percolation test, etc.; and (4) Two copies of scaled drawings, sketches, plans or drawings with all pertinent dimensions noted, of the proposed construction or alterations showing project location; location within the right -of -way; and typical cross sections of topographical and drainage details showing existing utilities, underdrains, culverts, headwalls, driveways or any other existing structures, if affected by the activity, together with all proposed structures, modifications and activities when deemed necessary by the Engineering Services Department. All drainage structures shall be constructed in accordance with the county public works manual and the Florida Greenbook. The drawings shall be drawn to scale, or otherwise prepared so as to reasonably depict the activity and shall show a north arrow for orientation. The application fee must be submitted with the completed application. SECTION 8 : Section 19 -39 Insurance and bonding shall be amended to read as follows: Sec. 19 -39. - Insurance and bonding. Any contractor performing work in a county right -of -way shall hold such licenses and insurance coverage as is required by Monroe County construction contractor regulations.Any contractor performing work in a county right -of -way shall hold such insurance coverage as is required by the county risk administrator and license and insurance coverage shall be provided to the county's engineering department before work is commenced. SECTION 8 : Section 19 -40 Permittee responsibilities for damages or impairment to county roads or rights -of -way during construction, installation, etc. shall be amended to add the following: (1) Permittee is responsible for damages or impairment to county roads or rights -of -way during construction, installation, etc. SECTION 9 : Section 19 -41 Access driveways shall be amended to read as follows: Sec. 19 -41. - Access driveways. (a) A request to install a single - family residential driveway access shall be submitted indicating the street address, lot and block number, a description of the nature of the construction (size) distance from side lot lines and intersections (if applicable), and the amount of intrusion into the county right -of -way. No insurance or bonding is required. (b) Access driveways onto rights -of -way will be a maximum of 24 -feet wide and shall be limited to the Page 7 of 13 least possible number required to adequately serve the intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights -of -way, the application shall be reviewed by the engineering director regarding any effects on sidewalks, ditches, swales, curbs or other facilities located within rights -of -way or easements. Once a permit is issued, all construction and improvements shall be subject to inspection by the engineering department. SECTION 10 : Section 19 -42 Construction standards and specifications shall be amended to read as follows: Sec. 19 -42. - Construction standards and specifications. All construction, repairs and/or restorations within county public rights -of -way and easements shall conform to the technical standards and specifications as contained in the Florida Greenbook and the 1995 edition of the "Monroe County Public Works Manual," which manual is hereby adopted pursuant hereto and, by reference, incorporated herein. Revisions to the 1995 "Monroe County Public Works Manual" may be adopted by the board of county commissioners by resolution. SECTION 11 : Section 19 -43 Fees shall be amended to read as follows: Sec. 19 -43. - Fees. (a) The board of county commissioners hereby establishes reasonable application and permit fees to be charged by the engineering department for activities permitted hereunder. (b) The following fee schedule shall be applied to all construction or installation upon or within the public rights -of -way, except in the following instances: (1) Where the construction performed is for the benefit of a governmental or subgovernmental agency and applicable fees are specifically waived on an individual project -by- project basis by the director of engineering; (2) Where the permittee is under contract to deliver the constructed project over to a governmental agency upon completion of the project and the director of engineering has waived applicable fees for such project consistent with subsection (b)(1) of this section; (3) Where the right -of -way lies within the corporate boundaries of a municipality and the municipality charges a permit fee for inspection of the same construction or installation work; or (4) Where work is performed by a public or private utility as outlined in section 19 -36 (c) The permit fees designated hereinafter shall be payable upon issuance of the construction permit in an amount determined by the engineering director pursuant to the following schedule. In the event a construction permit is denied, only the application fee shall be payable. (d) The engineering department shall charge and collect fees for the items at rates listed in the following schedules: (1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county public right -of -way use permit applications. If the permit application is approved, the application fee will Page 8 of 13 be applied to the permit fees as detailed under subsection (d)(2) of this section. (2) Permit fees. Fees for construction, under permit issued by the engineering department, in road and street rights -of -way and easements in the unincorporated area of the county and in the rights -of -way, roads and streets located within municipalities that are maintained by the county are established as follows: a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other underground utilities: For 100 lineal feet or fewer 1 $30.00 1 For each additional 100 lineal feet or fraction 6.25 thereof b. For French drains, consisting of catch basin and seepage trench or slab covered trench: For the installation consisting of one or two catch $30.00 basins, and seepage trench or soakage pit of lengths not to exceed 100 lineal feet C. For construction or replacement of sidewalks, curb and gutter: For 100 lineal feet or fewer 1 $25.00 1 For each additional 100 lineal feet or fraction 6.25 thereof d. For construction of driveways: Page 9 of 13 For drivewa width of 24 feet or fewer $25.00 For Commercial driveway width greater than 24 feet but less than 40 feet (each driveway) Additional 15.00 For Commercial driveway width greater than 40 feet (each driveway) Additional 20.00 e. For construction of street pavements: 1. One -lane or two -lane pavements (width of pavement zero to 24 feet): For 100 lineal feet or fewer 1 $50.00 1 For each additional 100 lineal feet or fraction 10.00 thereof 2. Three or more lanes of pavement (aggregate width greater than 24 feet): For 100 lineal feet or fewer 1$100.00 1 For each additional 100 lineal feet or fraction 25.00 thereof f. For construction of curb separators: For 100 lineal feet or fewer 1 $25.00 J For each additional 100 lineal feet or fraction 5.00 thereof Page 10 of 13 g. For installation of permanent -type traffic barricades, guardrails and guide posts: For each 100 lineal feet or fraction thereof $12.50 h. For construction of street or driveway culvert crossing of canals and drainage ditches (not controlled by DEP): For each lineal foot pipe, per foot of pipe $1.00 diameter or fraction thereof i. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate lengths as one continuous pipe. (3) Penalty fees. a. When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed. If the applicant can show that failure to apply for a permit is based on a good -faith belief that the construction is not affecting the county right -of -way, the penalty fee may be waived at the discretion of the engineering director; provided, however, that violators promptly apply for a permit and pay all applicable fees. b. The penalty fee shall be $250.00 plus double the original permit fee. C. The payment of such penalty fee shall not relieve any person, firm or corporation from fully complying with all of the requirements of all applicable regulations and codes, nor shall it relieve any person, firm or corporation from being subject to any of the penalties therein. SECTION 12 : Section 19 -44 Relocation upon notice by the engineering director shall be amended to read as follows: Sec. 19 -44. - Relocation or removal upon notice by the Engineering Services Director. Any permission granted for construction under this article does not constitute and shall not be construed as permitting a permanent installation within any public right -of -way. Any facility or other permitted work within the public right -of -way shall be relocated, reconstructed, or removed by the owner at his sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or any Page 11 of 13 project performed by the county or its authorized representative, that is deemed to be in the interest of the general public within 30 days of the request. It shall be the responsibility of the engineering director, or the utility performing work requiring removal, to provide notice to the affected permittees at the earliest possible time prior thereto of any such conflicts, whether actual, possible or planned. Where the owner requests additional time up to a maximum of 180 days, this may be granted by the office of the engineering director upon receipt of a letter stating adequate grounds to support the owner's position that additional time is necessary to complete the relocation. If the extension of time requested by the owner is denied by the engineering director or an extension in excess of 180 days is desired by the owner, the owner may appeal to the board of county commissioners by written request; and the time for relocation shall be stayed while the appeal is pending. Where the county has requested relocation, permits shall be required to approve the new sites of the utility facility, but permit fees shall be waived. Utility placements and relocations shall be governed as provided by general law. SECTION 13 : Section 19 -46 Appeals shall be amended to read as follows: Sec. 19 -46. - Appeals. Any party claiming to be aggrieved by a decision of the engineering director, may appeal to the board of county commissioners by filing a written notice of appeal with the engineering director within 30 days of the date of the decision. Once a decision has been made by the Engineering Services Director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC within 30 days of the decision and shall not be allowed to submit a second application or a petition for clarification, or any other mechanism to attempt to create a new date from which the 30 days for appeal shall run. SECTION 14: Section 19 -47 Time limits shall be amended to read as follows: Sec. 19 -47. - Time limits. (a) Within Fourteen (14) days after receipt of an application for a permit under this article, the Engineering Services Director (or his designee) shall review the application and shall request submittal of any additional information. Within Fifteen (15) days after receipt of any submitted additional information, the director shall review it and may request information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. Permits shall be approved or denied within thirty (30) days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application, whichever shall have last occurred. If the application is not approved or denied in writing within three - hundred and sixty (360) days after the last submittal, it shall be deemed approved and the applicant may demand the permit be issued. Applications for permits may be denied solely on the basis of actual and irreconcilable conflict of the proposed work with provisions of the public works manual and any federal, state, or county law. Any denial of an application must state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning on the date of issuance unless the commencement date shall be beyond such time. If work does not commence by the end of this period, the permit shall be considered void and reapplication shall be necessary. Work must be completed by the completion date indicated on the application unless the permit is extended upon request to the department of engineering with an explanation of the basis for such request. Page 12 of 13 SECTION 15 : Section 19 -48 Restoration and penalty shall be amended to read as follows: Sec. 19 -48. - Restoration and penalty. No person shall use county rights -of -way or easements for any purpose for which a permit is required by this article without first obtaining a permit therefore unless otherwise authorized by law. In the event county rights -of -way or easements are used and/or construction or obstruction takes place without a permit, upon written notice by the county, which notice may be provided by the engineering department or the code compliance department, the person shall apply to the engineering director or his designee for an after - the -fact permit and pay all fees and penalties as provided in section 19 -43 of this chapter and shall restore to its original condition any area for which no permit may be issued and cease any non - permitted use. SECTION 16: 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 17: 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 18: 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 19: 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 County, Florida, at a regular meeting of said Board held on the 16th day of September, 2015. Mayor Danny Kolhage Mayor Pro Tern Heather Carruthers Commissioner George Neugent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B � Y Mayor /Chaff erson Page 13 of 13 No Yes No Yes Yes ' f' :;RM: "a.IRCAh'S Data -- � � Packet Pg. 2435 Commissioner Sylvia Murphy Mr. Ernest L. Reddick, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Dear Mr. Reddick, Enclosed please find a certified copy of Ordinance No. 017 -2015 Approval of an ordinance of the Monroe County Board of County Commissioners revising Monroe County Code (MCC) Chapter 19 Roads and Bridges to allow ground cover on the County's right -of -way and providing for a landscaping permit to be issued with conditions as previously directed by the Board. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 16, 2015. Please file for the record. Should you have any questions please feel free to contact me at (305) 295 -3130. Respectfully submitted, Amy Heavilin, CPA, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners by: Cheryl Robertson, D.C. cc: County Attorney via e-mail Growth Management via e-mail County Administrator via e-mail BOCC via e -mail MuniCode via e-mail File FLORIDA DEPARTMENT Ot STATE RICK SCOTT Governor October 26, 2015 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 017 -2015, which was filed in this office on October 26, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 18, 2018 at 3:00 P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 Overseas Highway, Marathon, Key West, Monroe County, Florida, the Board of County Commisgionerg 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 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. 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; ifyou are hearing or voice impaired, call "711': Dated at Key West, Florida, this 20 day of June, 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) 6/27/18