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Ordinance 013-2019 1 ORDINANCE NO. 013 -2019 2 3 • AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 4 COMMISSIONERS AMENDING SECTION 6-110, MONROE COUNTY 5 CODE; EXTENDING THE. TIMEFRAME FOR A WAIVER OF 6 AFTER- THE-FACT DEMOLITION PERMIT FEES AS A RESULT OF 7 HURRICANE IRMA; PROVIDING FOR A REFUND OF AFTER THE 8 FACT BUILDING PERMIT FEES; PROVIDING FOR SEVERABILITY, 9 PROVIDING FOR THE REPEAL OF ALL ORDINANCES 10 INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION 11 INTO THE MONROE COUNTY CODE OF ORDINANCES; AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 15 County; and 16 17 WHEREAS,Hurricane Irma struck Monroe County on September 10,,2017;and 18 19 WHEREAS, Hurricane. Irma caused extensive damage to all forms of property in 20 Monroe County; and 21 22 WHEREAS, there was confusion in the public as to what permits were necessary for 23 which purposes and at what time in the immediate aftermath of the hurricane and 24 25 WHEREAS,both property owners and the County government have discovered after the 26 storm that demolition permits were required to be obtained in many instances by property owners 27 and were not obtained; and 28 29 WHEREAS the County adopted Ordinance No. 025-2018 which provided a waiver for 30 certain after-the-fact demolition fees provided that the necessary permits were issued no later 31 than April 30,2019; and 32 33 WHEREAS, the County also adopted Ordinance No. 009-2019 which allows accessory 34 structures to remain in certain circumstances after the associated principal use or structure has 35 been discontinued or removed due to disaster-related damage and Ordinance No. 009-2019 is 36 expected to become effective on or about July 15, 2019; and 37 38 WHEREAS,the County, in an effort to provide adequate time for applicants to apply for 39 and receive the necessary after-the-fact. demolition permits, wishes to extend the timeframe 40 provided for the waiver of any and all after-the-fact demolition permit fees imposed after 41 Hurricane Irma, along with the minimum $500 fee charged with the after the fact fee, for 42 issuance of said permits from April 30,2019 to December 31,2019. 43 44 NOW THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY 45 COMMISSIONERS OF MONROE COUNTY,FLORIDA,AS FOLLOWS: 46 Page 1.of 2 47 Section 1. Section 6-110,Monroe County Code is hereby amended to read as follows: 48 Proposed Amendment(deletions,are stricken eught additions are shown in underline.) I 49 50 (g) Hurricane Irma Waiver. After-the-fact demolition permits having an issued date from the 51 date of Hurricane Irma, September 10, 2017, until April 30, 2019 December 31. 2019, 52 shall have all after-the-fact fees waived. During this waiver period the penalty fee of 53 100% above the applicable fee for the work and any additional fees related to completed '54 constr tctian Work shall hot be-imposed.-If the fee(g) has already been paid, then the 55 County shall reimburse the party making the payment. On May 1, 2019 January 1. 2020, 56 this subsection shall expire by its own terms and all after the fact fees, including after the 57 fact permit fees shall revert to the established fee amount. 58 59 Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is 60 held invalid, the remainder of this ordinance shall not be affected such invalidity. 61 62 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby 63 repealed to the extent of the conflict. 64 65 Section 4. The provisions of this ordinance shall be included and incorporated in the 66 Code of Ordinances in the County of Monroe,Florida, as additions or amendments thereto. 67 68 Section 5. This ordinance shall take effect immediately upon receipt of official notice 69 from the Office of the Secretary of State of the State of Florida that this ordinance has been filed 70 with said Office. 71 72 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 73 County,Florida, at a regular meeting of said Board held on the 22nd day of May,2019. 74 75 Mayor Sylvia Murphy Yes 76 Mayor Pro Tem Danny L. Kolhage Yes 77 Commissioner Heather Carruthers Absent 78 Commissioner Michelle Coldiron Yes = 79 _ ` Commissioner David Rice Yes = rn • 80f rn 81cr ' BOARD OF COUNTY COMMISSIONERS _ 82 `' OF MONROE J� ORIDA : — 83 �. ,r+ CP rJ "v rn 84 s • BY n _ �. 85 w"'x+` May.Sylvia Murphy " y.V � • p • 87 88 ATTEST: K • • coUISTI3FEY EV MADOK,CLERK 89 7,...i,...a 91 DEPUTY CLERK STEVE T.wti.0 ASSt$TANT r0U4t TTOSNEY D - a r Page 2 of 2 KEY'VWEST 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 legols@keysnews.com MONROE CO BUILDING DEPT MARATHON GOVERNMENT CENTER 2798 OVERSEAS HWY SUITE 300 MARATHON FL 33050 Account: 138367 Ticket: 292629 PUBLISHER'S AFFIDAVIT STATE OF FLORIHQ OEI CONSIDER DA COUNTY OF MONROE NOTICE IS HEREBY GIVEN 70 WHOM IT MAY CONCERN that on May 2Z 2019 Before the undersigned authority personally appeared at 3:00 P.M.,or as man thereafter as • may be board,at the Harvey Govern- ment Center, 1200 Truman Avenue, ce, who on oath says that he or she is K ro Key West Mone County, Florida. e Board of County Commissioners of Monroe County,Florida,Intends to eJQ__ of the Key West Citizen,a daily consider the adoption of the following County ordinance; newspaper publish d in 144West,in Monroe County, Florida;that the attached AN ORDINANCE OF THE MONROE copy of advertisment, being a legal nob in the matter of AMENDING SECTION COUNTY BOARD OF COUNTY COMMIS. 6-110 was published in said newspaper in the issues of SIONERS AMENDING SECTION 6-110, MONROE COUNTY CODE, EXTELAD- ING THE TIME FRAME FOR A WAN- Wednesday,May 8.2019 ER OF AFTER-THE-FACT DEMOLITION PER FEES AS A RESULT OF HURRI- CANE IRMA, PROVIDING FOR A RE- FUND OF AFTER THE FACT BUILDING Affiant further says that the Key West Citizen is a newspaper published in Key PERMIT FEES,PROVIDING FOR SEVER- ABILITY,• PROVIDING FOR THE REPEAL West,in said Monroe County, Florida and that the said newspapers has hereto- OF ALL ORDINANCES INCONSISTENT fore been continuously published in said Monroe County,Florida every day,and HEREWITH,•PROVIDING FOR INCORPO- RAMON INTO THE MONROE COUNTY has been entered as periodicals matter at the post office in Key West,in said CODE OF ORDINANCES;AND PROVID- Monroe County, Florida,for a period of I year next preceding the first publication ING AN EFFECTIVE DATE. of the attached copy of advertisement;and affiant further says that he or she has Pursuant to Section 286.0105, Florida neither paid nor promised any person,firm or corporation any discount,rebate, Statutes,notice Is given that If a person commission or refund for the purpose of securing this advertisement for publica- decides toap al any decision made by the Board wrh respect to any matter tion in the aid n paper. considered at such hea 71s or meet- Ings,he will need a reco of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- (Signature of Affiant) tim record of the roceedings Is made, which record Includes the testimony and evidence upon which the appeal Is Affi ed ubs efore me this day of May 2019 to be based.alfin ubs efore ADA ASSISTANCE:If you are a person Z)e with a disabilirty who needs special ac- rrrrrrrr commodations In order to participate blic SiWture) In this proceeding, please contact the Coun Administrator's Office,byphon- ing(3 5)2924441.between the hours :30 a.m.-S:ODp.m,,no later than five (Notary Pubj (5)calendar days prior to the schedul Im ed, Vnntid Name) (Nota meetin ir edg; Icar,'f ou .Live 711 are hearin u Cy, or voice pa , ' sed Cap- My commission expires lioning Is available via our web portal 0 for CD meetings of the Monroe County Board Personally Known_X_ Produced Identification of County Commissioners. Dated at Kq West,Florida,this 1st day Type of Identification Produced of May,201 . COD KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of a) the Board of County Commissioners of Monroe County,Florida 05108119 Key West Citizen NOTICE OF INTENTION TO our web portal td http:// CONSIDER ADOPTION OF monroecountyfl. rgm2 COUNTY ORDINANCE corn for meetings of the WEEKL NOTICE IS HEREBY Monroe County Boners, GIVEN WHOM IT MAY County Commissioners. CONCERN that on May d of Dated at Key West,Florida, 22,2019 at 3:00 P.M.,or this 1"day of May,2019. as soon thereafter as may KEVIN MADOK,Clerk of the be heard,at the Harvey Circuit Court Published Weekly Government Center,1200 and ex officio Clerk of Marathon,Monroe County, Florida Truman Avenue,Key West, the Board of County Monroe County,Florida, Commissioners of Monroe the Board of County County,Florida PROOF OF PUBLICATION Commissioners of Monroe Publish: County,Florida,intends May 2,2019 to consider the adoption The Weekly Newspapers STATE OF FLORIDA of the following County ordinance: COUNTY OF MONROE AN ORDNANCE OF Before the undersigned authority THE MONROE COUNTY BOARD personally appeared JASON KOLER who COMMISOSIONERHSTY on oath, says that he is PUBLISHER of AMENDING SECTION 6-110,MONROE COUNTY the WEEKLY NEWSPAPERS. a weekly CODE;EXTENDING newspaper published in Marathon, in THE TIMEFRAME FOR A WAIVER OF AFTER Monroe County, Florida: that the THE FACT DEMOLITION attached copy of advertisement was PERMIT FEES AS A RESULT OF HURRICANE published in said newspaper in the RMA;PROVIDING FOR A issues of:(date(s)of publication) REFUND OF AFTER THE FACT BUILDING PERMIT FEES;PROVIDING FOR SEVERABILITY;PROVIDING / / FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH: Affiant further says that the said WEEKLY PROVIDING FOR y INCORPORATION INTO THE NEWSPAPERS is a newspaper published MONROE COUNTY CODE OFat Marathon, in said Monroe County, PR, PR OOVIDINGG A AN DINN E AND EFFECTIVE Florida,and that the said newspaper has DATE. Pursuant to Section heretofore been continuously published 286.0105.Florida Statutes. In said Monroe County, Florida, once notice is given that if a person decides to appeal each week (on Thursday) and has been any decision made by the qualified as a second class mail matter at Board with respect to any matter considered at such the post office in Marathon, In Monroe hearings or meetings. County, Florida, for a period of one year he will need a record of next preceding the first publication of the fo h purpo that,, s for s such puurpose, the attached copy of advertisement.The he may need to ensure f affiant further says that he has neither that aoceedings ism maord e the proceedings is made, paid nor promised any person, firm, or which record includes the testimony and evidence corporation any discount, rebate, upon which the appeal is commission or refund for the purpose of to be based. ADA ASSISTANCE:If securing this advertisement for you area person with publication in the said newspaper(s)and a disability who needs sthat The Weekly Newspapers is in full, in orderl t accommodations in order to participate in compliance with Chapter 50 of the this proceeding.please Florida State Statutes on Legal and contacAdmini the Cou fy Administrator'sOffice,by Official Advertisements, 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 or to and bscribed before me meeting;if you are hearing or voice impaired, 's day of , 2019. call'711'.Live Closed (SEAL Captioning is available via / "V`c-€G41-• j OTTE HRUSKA I MY COMMISSION IS GG 221835 Notary .ram,.,? EXPIRES:September 1,2022 `'z' Bonded Thru Notary Public Underwriters 1 Page 14 News Baromete I May 3,2019 _ISLAND TIME .p 'lot 6lluenida—? Primiceria from Page 12 �0 Marathon I Monroe County Code to require animals in public A restricted species endorsement and a federal �O' at O4'4' — • - places to be on a leash. permit to commercially harvest blueline tilefish will ,6t , ,`t5.js0 - ' r;-''�!•:''.;;': :4 "Effective voice command" is no longer an be required. 4,1'sue`' "-"i." ' y • acceptable means of control for an animal in a pub- The minimum size limit for commercial harvest 0`Yp�'3Q0 sr lie place since this method has failed in several sit- of almaco jack will be 20 inches fork length in �';‘G.�, �t cations,resulting in actual or potential injury to the Atlantic state waters, �V�'.�C �O� 4 i ` .-u unleashed animal,other animals or people. There will no longer be a 12-inch commercial and �YS,i�v-� ''' ., Tn.- . The regulation now requires a physically capable recreational minimum size limit for blackfin,queen .' 4's. person to be in control of an animal by means of a and silk snapper statewide. ' 4<tiG�1 Lisa Ferringo Group leash;or for the animal to be enclosed by a secure Learn more at MyFWC.corn/Marine. ;c We sell more properties than any other agent in tent a or other means of confinement.This does not Grouper,hogfish reopens May 1 the Florida Keys.Call us b find out how. apply to cats. The following species will reopen to recreational '. , Let Lisa Sr her Team go to work for you in 20191 The County,'s animal control contractors through- harvest May t in Florida state and federal waters of CrI out the Keys approved of the changes to the ordi- the Atlantic:hogfish:gag,black,red,yellowmouth www.UniqueKeysHolnes.corn nonce.The law applies County-wide and within and yellowfin grouper,scamp;red hind;rock hind; municipalities,if there is no conflict with an exist- coney;and gmysby. coiubueit ` Lisa Ferri go ing municipality's ordinance. :BA141(eR LI, p Hagfish will remain open through Oct.31,2019, .- -•,,1,,, .,Turtle group to meet on the east coast of Florida as well as south and east t RE ;t.TOR® The May 2019 regular monthly meeting of Save- of Cape Sable on the Gulf coast.The other species REALESTA'E co. (305)797-1221 . " _.; A-Turtle will be on Monday May 6,commencing at will remain open through Dec.31,2019,on the east zombi fJverseas i,y., Iisaterringo@aal.com , •i,,. 6:30pm. Our featured guest speaker this month coast of Florida and all state waters off Monroe a9Pne Key.Ft 33043 I from Illinois is marineifisheries biologist Jim County. I Big Pine Key(Mee is open 7 days a week for your eomenlence Gamlin. More information about hogfish and grouper bag II Jim will be making a presentation on Billfish,and and size limits,gear restrictions and fishing sea- will tell some of the interesting adaptations of these sons, including a map of the Atlantic and Gulf fish. grouper fishing boundaries,is available online at � Aim- . FWC approves several changes to myFWC.com/Marine; select Recreational r:' Z'. Pp g Regulations. -%..- -�* Jerry ,gray reef fish regulations 4, itN , 15 At its May meeting near Tallahassee,the Florida Measles vaccine urged 0;9 r., � . owner Fish and Wildlife Conservation Commission With the increase in measles cases across the US, � the Florida Department of Health in Monroe '(, -. . 1 11® 352<361-7563 (FWC)moved forward with several changes to reef i8 El fish regulations. County (DOH-Monroe) is urging Floridians and �� ,_ s g ,� +,•- FREE,Estiindtes Startin July1,2019,the followingchanges will, visitors who have not been immunized to get vacci- 8 g a o a[{ �D 8 Insured. be in effect: Sea ISLAND TIME on Page 15 ,Ntia41E1 . al® • 11111111r 0: II Ji li_ct!nt!nin l scary tic,crc;1332333 LEGAL NOTICES T:73- ' Nardi-board siding specialists NOTICE OF INTENTION TO CONSIDER "Best,siders in'the Keys" ADOPTION OF COUNTY ORDINANCE a Framing • Porches T NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on May 22,2019 at 3:00 Decks • Stairs P.M.,or as soon thereafter as may be heard,at the Harvey Government Center,1200 Truman Avenue,Key West,Monroe County,Florida,the Board of County Commissioners of Monroe County, ` Florida,intends to consider the adoption of the following County ordinance: Kitchens - AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY •ej`lt' Wray erite ises 1:'�.C. COMMISSIONERS AMENDING SECTION 6-110,MONROE COUNTY J -r Y`b Y . r CODE; EXTENDING THE TIMEFRAME FOR A WAIVER OF AFTER-THE-FACT DEMOLITION PERMIT FEES AS A RESULT OF HURRICANE IRMA; PROVIDING FOR A REFUND OF AFTER THE - 1953 Flagshln Orlvo FACT BUILDING PERMIT FEES;PROVIDING FOR SEVERABILITY; ' PROVIDING FOR THE REPEAL OF ALL ORDINANCES ' • �w5 Sommerland Key INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION O . G0�4� INTO THE MONROE COUNTY CODE OF ORDINANCES; AND ,► 4OZ� ttiO PROVIDING AN EFFECTIVE DATE. O 4.0.,'�+ i' `- �'- • r'I!1" fif�r ti0-0.14 is t Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person decides to appeal any r.C"t' t :s=�* 41 e,� decision made by the Board with respect to any matter considered at such hearings or meetings,he will •4,�S.c$ �t�" en%• need a record of the proceedings,and that,for such purpose,he rosy need to ensure that a verbatim �w-4? J; •' r+ record of the proceedings is made,which record includes the testimony and evidence upon which the , 4 . ,a,'.. A •d.It appeal is to be based. �.i �- i " Gave Listed& old this home ADA ASSISTANCE If you are a person with a disability who needs special accommodation:in order to El.s: Cl in Summe, d Key! participate in this proceeding please contact the County Administrator's Office,by phoning(305)292-144!, 7'. _,;2' II you are ready to Bu or Sell your piece of between the hours of 8:30 am.•5:00 p.m.,no later than five acalendar days prior to the scheduled meeting:if Cr _ o Paradise,cal Dave today. }au are hearing or voice impaired, call'711", Live Closed Captioning is available via our web portal @ ,,, - I h1 f;Jhrronroeeountvil Igm2.com for meetings of the Monroe County Board°jCount Commissioners. - Dave Wile Dated at Key West,Florida,this 1'day of May,2019. '°�„�_i=` (305)942-6210 i ' scnsirrr www.DaveWileyPropertie coin KEVIN MADOK,Clerk of the Circuit Court REAL ESTATE CO.. I11: and ex officio Clerk of the Board of County 29367'Omen Hwy.. '\,.- • ' Commissioners of Monroe County,Florida Fn;Key,Ftaro-u Open 7 Da s A Week . - ~ I GVS COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN May 31, 2019 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. 013-2019 amending Section 6-110, Monroe County Code; extending the timeframe for a waiver of after-the-fact demolition permit fees as a result of Hurricane Irma;providing for a refund of after-the-fact building permit fees;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 May 22, 2019. 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: Building Department County Attorney Municode BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RON DESANTIS LAUREL M. LEE Governor Secretary of State May 31, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your replacement electronic copy of Monroe County Ordinance No. 013-2019, which was filed in this office on May 31, 2019. 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.ft.us From: ords2municode.com To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 19 Update 2 Date: Tuesday,June 04,2019 6:27:51 AM Attachments: ATT00001.bin ATT00002.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 19 Update 2 Ordinance No. 010-2019 3/21/2019 4/5/2019 PDF Ordinance o. 013-2019 5/22/2019 6/4/2019 PDF ' _ ' 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.