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Item I6 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 21, 2013 Division: Growth Manaizement Bulk Item: Yes _ No X Department: Code Compliance Staff Contact Person/Phone#: Ronda Norman X2520 AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of Monroe County ordinance amending Section 17-2 and Section 17-6, of the Monroe County Code clarifying prohibitions regarding the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, rights-of-ways, on private property and in residential districts throughout Monroe County. ITEM BACKGROUND: On August 18, 2010 the BOCC approved Ordinance No. 25-2010, which added sub-sections to Monroe County Code Section 25-35 providing for enforcement and penalties of traffic and vehicle violations on Monroe County roads and rights of ways by a law enforcement officer or a parking enforcement specialist. The sub-sections also addressed storage of vehicles, watercraft and vessels on private property which is not enforceable by law enforcement officers. On January 16, 2013 the BOCC approved Ordinance No. 006-2013, which amended Section 17-2, Section 25-35 and created Section 17-6 of the Monroe County Code to further clarify prohibition and enforcement of the parking and storage of vehicles; watercraft; and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, rights of ways, on private property and in residential districts throughout Monroe County. PREVIOUS RELEVANT BOCC ACTION: On July 17, 2013, the BOCC approved amendments and to advertising Ordinance No. 006-2013. On January 16, 2013, the BOCC approved Ordinance 006-2013. On August 18, 2010 the BOCC approved Ordinance 025-2012. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes No_ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# 1 4 5 6 7 MONROE COUNTY,FLORIDA 8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 9 ORDINANCE NO. -2013 10 11 AN ORDINANCE OF THE BOARD OF COUNTY 12 COMMISSIONERS OF MONROE COUNTY AMENDING 13 SECTIONS 17-2 AND 17-6 PARKING AND STORAGE OF 14 VEHICLES AND WATERCRAFT ON PRIVATE PROPERTY 15 AND PUBLIC RIGHT-OF-WAY; PROVIDING FOR 16 SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL 17 ORDINANCES INCONSISTENT HEREWITH; PROVIDING 18 FOR FILING WITH THE DEPARTMENT OF STATE; AND 19 PROVIDING AN EFFECTIVE DATE. 20 21 22 WHEREAS, it is the intent of the Monroe County Code to protect the public health and 23 safety of the citizens and visitors to Monroe County; and 24 25 WHEREAS, it is necessary to maintain the public rights of way free of obstructions so as 26 not to impede the flow of vehicular, bicycle or pedestrian traffic; and 27 28 WHEREAS, aesthetics are an important factor in ensuring the economic vitality of an area 29 and that the separation of the commercial zones from residential neighborhoods not only affects the health 30 and hazards of the community, it impacts the welfare of the community and the value of property within 31 its borders; and 32 33 WHEREAS,prohibiting campers or other vehicles designed or adaptable for human 34 habitation from being stored or parked upon public or private property unless confined in a garage is 35 reasonable and necessary to protect the public health, safety and welfare of Monroe County citizens; and 36 37 WHEREAS, it is the desire of the community to preserve the residential atmosphere of the 38 residential areas of the County; and 39 40 WHEREAS,protecting the residential neighborhoods against the lingering presence of 41 commercial- vehicles is necessary to maintain the purpose of residential land use districts for residential 42 uses. 43 44 1 45 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 46 MONROE COUNTY, FLORIDA: 47 48 [Proposed Text Changes are presented in strikethrough to indicate deletions and underline to 49 indicate additions.} 50 51 SECTION 1. Section 17-2 of the Monroe County Code is hereby amended to read as follows: 52 53 Sec. 17-2. - Inoperative vehicles and watercraft. 54 55 (a) Within all land use districts except Industrial (I) districts, all vehicles that are inoperative and/e 56 unkeensed for-a period of ten days shall be prohibited on private property 57' o eept within a eempletely enelesed gar- g unless screened completely from view from street or any other 58 residential structure, must meet setbacks of land use district where located or contained in an enclosed 59 area/garage. 60 (b) Within all land use districts except Industrial (I)districts, all vehicles that are unlicensed for a period 61 of ten days shall be prohibited on private property unless screened completely from view from street or 62 any other residential structure, must meet setbacks of land use district where located or contained in an 63 enclosed area/garage. 64 (c) Within all land use districts except Industrial (I) districts, all watercraft that are wrecked, inoperative, 65 partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for 66 highway use for a period of 30 days, shall be prohibited on any waterway, shore, private or public property 67 unless screened completely from view from street or any other residential structure,must meet setbacks of 68 land use district where located or contained in a completely enclosed building. 69 70 71 SECTION 2. Section 17-6 of the Monroe County Code is hereby amended to read as follows: 72 73 Sec. 17-6. - Parking and storage of tmeks, trailers and*rave' *r-afl-e-M vehicles and watercraft within any 74 residential land use district. 75 76 (a) "Prohibited Within any residential district, no tFueks, *r-aileFs, tFavel trailers, or-buses ef one yell 77 , 78 length and in exeess of 9.5 feet in width shall be pa-r-ked er-ster-ed on pr-ivate pr-epefty exeept within-a 79 , 80 stored en the same let for-whieh it is aetively being tised to rseadue4 the seepe of work related to a va4W 81 the parking and/or storage of vehicles and watercraft shall be 82 prohibited as follows. For the purposes of this section, a residential district shall be an zoning district in 83 which residential use is allowed. 84 TYPE OF VEHICLE* PROHIBITED Class 1-Class 2A(Light Duty Trucks) Parking and storage prohibited in right-of-way within road bed Class 1-Class 2A(Light Duty Trucks) Storage prohibited in right-of-way outside of road bed Class 2B-Class 4(Light Duty and Medium Duty Trucks) Parking and storage prohibited in right-of-way within road bed Class 2B -Class 4(Light Duty and Medium Duty Trucks) Storage prohibited in right-of-way outside of road bed Class 2B -Class 4(Light Duty and Medium Duty Trucks) Prohibited on private property unless screened completely With cabinet box,platform,rack,or other equipment for from view from street or any other residential structure,must purposes of carrying goods other than personal effects of meet setbacks of land use district where located or contained assen ersl in an enclosed area/ ara e. Class 5(Medium Duty Trucks) Parking and storage prohibited in right-of-way within and outside road bed Class 5(Medium Duty Trucks) Storage prohibited in right-of-way outside of road bed Class 5(Medium Duty Trucks) Prohibited on private property unless screened completely from view from street or any other residential structure,must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Class 6(Medium Duty)vehicle Parking and storage prohibited in right-of-way within and outside road bed Class 6(Medium Duty)vehicle Storage prohibited in right-of-way outside of road bed Class 6(Medium Duty)vehicle Prohibited on private property unless screened completely from view from street or any other residential structure,must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Class 7 or 8(Heavy Duty)Vehicle Parking and storage prohibited on ri t-of-wav within and outside road bed Class 7 or 8(Heavy Duty)Vehicle Prohibited on private property unless screened completely from view from street or any other residential structure,must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Tractor trailer Parking and storage prohibited on right-of-way within and outside road bed Tractor trailer Parking and storage prohibited on private property within all land use districts exc t I Industrial. Trailer Parking and storage prohibited in right-of-way within road bed Trailer Storage prohibited in right-of-way outside of road bed Buses/Limos(greater than 10 persons for transport)(320.01 Parking and storage prohibited on right-of-way within and outside road bed Buses/Limos(greater than 10 persons for transport)(320.01 Parking and storage prohibited on private property within all U land use districts except(Il Industrial. For Hire Vehicle(less than 10 persons for transport) Parking and storage prohibited on right-of-way within and outside road bed Recreational Vehicles greater than 42'x 8.5' as defined in Parking and storage prohibited on right-of-way within and F.S. 316.515 outside road bed Recreational Vehicles greater than 42'x 8.5'as defined in Prohibited on private property unless not visible from street F.S. 316.515 or from any other residential structure or contained in an enclosed area/garage. HABITATION PROHIBITED. Recreation Vehicles,Campers.Cargo Vans less than 42'x Parking and storage prohibited in right-of-way within road 8.5' as defined in F.S.320.01 bed Recreation Vehicles,Campers,Cargo Vans less than 42'x Storage prohibited in right-of-way outside of road bed 8.5' as defined in F.S.320.01 3 Recreation Vehicles,Campers,Cargo Vans less than 42'x Only one recreational vehicle-type unit as defined in F.S. 8.5' as defined in F.S. 320.01 320.01 shall be permitted on anv one residential or mobile home lot and unit must be registered in the name of the roe owner or tenant. Habitation prohibited. Watercraft that are wrecked,inoperative,partially Parking and storage prohibited on right-of-way within and dismantled and/or decayed and/or abandoned or stored on a outside road bed boat trailer that is not ready for highway use for a period of 30 days Watercraft that are wrecked,inoperative,partially Prohibited on private property unless screened completely dismantled and/or decayed and/or abandoned or stored on a from view from street or anv other residential structure,must boat trailer that is not read for highway use for a period of meet setbacks of land use district where located or contained 30 days in an enclosed area/ ara e. Inoperative Vehicles Parking and storage prohibited on right-of-way within and outside road bed Inoperative Vehicles Prohibited on private property unless screened completely from view from street or any other residential structure,must meet setbacks of land use district where located or contained in an enclosed area/ ara e. Vehicles unlicensed for a period of ten(10)days Parking and storage prohibited on right-of-way within and outside road bed Vehicles unlicensed for a period of ten(10)days Prohibited on private property unless screened completely from view from street or any other residential structure,must meet setbacks of land use district where located or contained in an enclosed area/ ara e. All other watercraft and vehicles Parking and storage prohibited in right-of-way within road bed All other watercraft and vehicles Storage prohibited in right-of-way outside of road bed *Note - Definitions from .F.S. and United States Department of Transportation Federal HiWhway Administration (FHWA) 85 (b) Permissible (or"allowed"): , ' , 86 reefeational vehiele type units, 87 All permissible parking and storage on private 88 property in any district shall still comply with the following conditions, this chapter, and part II of this 89 Code and shall be subject to code compliance. 90 (1) All vehicles parked in accordance with this agile chapter shall be parked taking into account the 91 setback requirements as is set forth in part II of this Code. 92 93 (2)All,-eer-e 4:ona vehiele Pmo"nits that are vehicles parked or stored as per the provisions of this at4ie1e 94 chapter shall not be used as a place of habitation. 95 96 (3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with 97 and after the principal structure is erected. 98 4 99 (4) All recreational vehicles, campers and cargo vans parked or stored in accordance with this article must 00 be registered in the name of the owner or the tenant of the property where they are parked. 01 02 (5) Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one 03 residential or mobile home lot for storage purposes as provided in this section 04 05 (6) All equipment, including construction, landscaping or land clearing equipment and vehicles may only 06 be parked or stored on the same lot for which it is actively being used to conduct the scope of work related 07 to a valid active permit or contract for services. 08 09 (7) All vehicles and equipment, including those identified with a business logo, services offered or 10 business identifiers shall be stored or parked taking into account the requirements set forth in the land use 11 district in which they are being parked or stored. .12 .13 14 Section 3. Severability. 15 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by 16 any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or 17 nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, 18 subdivision, clause, sentence, or provision immediately involved in the controversy in which such 19 judgment or decree shall be rendered. 20 21 Section 4. Conflicting Provisions. 22 In the case of direct conflict between any provision of this ordinance and a portion or provision of any 23 appropriate federal, state, or county law, rule code or regulation,the more restrictive shall apply. 24 25 Section 5. Filing. 26 This Ordinance shall be filed with the Department of State and shall be effective as provided in Chapter 27 125.66(2) Florida Statutes. 28 29 Section 6. Inclusion in the Monroe County Code. 30 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the 31 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered 32 to conform to the uniform marking system of the Code. 33 34 Section 7. Effective Date. 35 This ordinance shall become effective as provided by law and stated above. This ordinance applies to any 36 permit, and or other development approval application submitted after the effective date. 37 38 39 40 41 42 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 43 5 44 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a 45 regular meeting held on the day of , 2013. .46 47 Mayor George Neugent 48 Mayor Pro Tem Heather Carruthers 49 Commissioner Danny Kolhage 50 Commissioner Sylvia J. Murphy .51 Commissioner David Rice 52 53 54 55 (SEAL) BOARD OF COUNTY COMMISSIONERS 56 Attest: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA 57 58 By By 59 Deputy Clerk Mayor George Neugent 60 61 MONROE COUNTY ATTORNEY A"�v'nEtD At 1O FORM: S+'T��E--VEN T. WILLIAMS ASSISTANT OU TY ATTORNEY Date -7 GP/ 3 6 L o Om ° o 3 Y U ] U � � � > „ a o _0•- ° v'c °, C d O U M c 0_° l0 °_� o m Cpp m c_ 3 "' p0 poaci c3E 03' m +J a m :. w'> 1 m O °aE ` N° o u�'- ' m w aua�ow cE s� nuc � t cn x•7_ a N C N p 1 oL N 0 ° oo -0 20 > � � o C) cnc -0 L ^ p p L r > a)L in OC >y C l_1_ d C_ O ` O U D v 0 Y._ O a N fA UI Y L n.N E i O U O O 0 7 i p O O O V � T �, 13 a 0 O.O 3 Q Q.N -1-j E d l C a ° d ! Q� •o c k v C p O o a 0— in i (0 3 E C ( � c O o C ° U d io , °N o cn 3 f ^�d:i® ac' aa�i 0 > ° o ° U m u p a, C p m 3 0 m d U o'cn I O o�a` ° u v (n �d p U u �.> U>:� N> g O L naoco�aaaa _ a p cn N o O LL p O ,L) o No O+V r a n vehc ie NO �/ - H ry n a stored r n > 72 n C 'O _no 0 ap r, L 7` W 3 Q z T V cn -1-� 0 O j o No TS 4.p f ry vehicle c a L N stored o O > 12 N ° T-� c N - hours V u N ... o' vG ]C3GQdOO ' p� /I) N C W C O O uNi® -C y o — _ a° cp " ° 3 ° a Noa,d � o n ,�J� 4..-> O 0 X = o 0 0 O O 0 W oe T C � E -C _ li >1 i O 0 O Y 00 to N 0) p N 7 7 r � I O O O O O O O •C pi 0 0 O O 000 00 d tU t0 r� ®n L � O 00 � yI N O N � cp O O O O O � 0 0 a- acn — N 16 v cornoM N c O E O > O c0 00 N M �UN cn N NNrM d LnIcoNQO _O U Truck classification(From Wikipedia,the free encyclopedia) In the United States,commercial truck classification is determined based on the vehicle's P-ross vehicle wei ht rating(GVWR).The classes range from 1-8.i1J It is also done more broadly under the US DOT Federal Highway Administration(FHWA)Vehicle Inventory and Use Survey(VIUS)standards,which groups Class 1,2 and 3 as"Light Duty",4,5 and 6 as"Medium Duty",and 7-8 as"Heavy Duty". Light Duty Class 1-The Class 1 truck gross vehicle weight rating(GVWR)ranges fro 0 to 6,000 ounds(0 722 "'Examples of trucks in this class include the Toyota Tacoma,Dodge Dakota and GMC Canyon. 41 .f, 4- r TOYOTA TOCOMA DODGE DAKOTA C CANYON 9 The Class 2 truck aross vehicle weight rating(GVWR)ranges from 6,001 to 10,000 pounds(2,722 to 4,536 kg). i Examples of vehicles in this class include the Dodge Ram 1500 and the Ford F-1 10. Class 2a and Class 2b,with class 2a being 6,001 to 8,500 pounds(2,722 to 3,856 kg)pounds,and class 2b b 8,501 to 10,000 poands ,856 to 4,536 kg)pounds.Class 2a is commonly referred to as a light duty truck,with class 2b being the lowest eavy- u c s, called the light heavy-duty class. CLASS 2A: GMC YUKON FORD F-150 (1640 LBS CAPACITY) CLASS 2B: 1M FORD F-250(1.5 TON CAPACITY) 1 • y, m� :s CHEVY SILVERADO 1500 HID(1.5 TON CAPACITY) 2 Class 3 [edit The Class 3 truck gross vehicle weight rating(GVWR)ranges from 10,001 to 14,000 pounds(4,536 to 6,350 kg)!U Examples of vehicles in this class include the Dodge Ram 3500,Ford F-350,and the GMC Sierra 3500 only dual rear wheel. The Hummer H 1 is another example of a single rear wheel Class 3 truck,with a GV WR of 10,300 lbs. •a FORD F-350 (2-TON CAPACITY) fir* 0, °���` GMC SIERRA 3500(2-TON CAPACITY) q HUMMER 3 Medium Duty(edi Class 4 edit The Class 4 truck gross vehicle weight rating(GVWR)ranges from 14,001 to 16,000 pounds(6,351 to 7,257 kg). Examples of vehicles in this class include select Ford F-450 trucks,Dodge Ram 4500,and the GMC 4500.W FORD F450(1.5 TON CAPACrrY) W �I I GMC 4500 4 Class 5 edi The Class 5 truck gross vehicle weight rating(GVWR)ranges from 16,001 to 19,500 pounds(7,258 to 8,945 kg). Examples of trucks in this class include the International TerraStar.GMC 5500.L41 Dodge Ram 5500,and the Ford F_550 International TerraStar VP GMC 5500 s� FORD F-550 5 Class 6 The Class 6 truck gross vehicle weight rating(GVWR)ranges from 19,501 to 26,000 pounds(8,846 to 11,793 kg).Examples of trucks in this class include the International Durastar GMC Topkick C6500. and the s� 1 Interntional Durastar v . GMC Topkick 6500 FORD F-650 6 Heavy Duty it Class 7 edit Vehicles in Class 7 and above require a Class B license to operate in the United States.These include GMC C7500 Their GVWR ranges from 26,001 to 33,000 pounds(11,794 to 14,969 lam. �F rvw�. av n 74, GMC C7500 µ ago a GMC C7500 i GMC 7500 7 Class 8 [ 1�' The Class 8 truck gross vehicle weight rating(GVWR)is anything above 33,000 pounds(14,969 kg).Ll°�These include all tractor trailer trucks. r r The gross vehicle weight rating(GVVM), or gross vehicle mass(GVM)is the maximum operating wei t/mass of a M: :; as specified by the manufacturer including the vehicle's chassis,body,engine, engine fluids, fuel, accessories,driver,passengers and cargo but excluding that of any trailers.L21 The term is used for motor vehicles and trains. Ton rating: When domestic light-duty trucks were first produced,they were rated by their payload capacity in tons (e.g., %-, %-and 1-ton). This has led to categorizing trucks similarly, even if their payload is different.Therefore,the Ford Ranger, Chevy S-10,and GMC S-15 are called quarter-tons('/-ton). The Ford F-150, Chevy 10,Chevy/GMC 1500, and Dodge 1500 are half-tons(Yi-ton). The Ford F-250, Chevy 20, Chevy/GMC 2500,and Dodge 2500 are three-quarter-tons(%-ton). Chevy/GMC's %-ton suspension systems were further divided into light and heavy-duty, differentiated by 5-lug and 6 or 8-lug wheel hubs depending on year,respectively. The Ford F-350, Chevy 30, Chevy/GMC 3500, and Dodge 3500 are one tons (I-ton). Similar schemes exist for vans and SUVs(e.g., a 1-ton Dodge Van or a%2-ton GMC Suburban),medium duty trucks (e.g. the Ford ton-and-a-half F-450)and some military vehicles, like the ubiquitous deuce-and-a-half. Throughout the years,the payload capacities for most domestic pickup trucks have increased while the ton titles have stayed the same. The now defunct'ton'rating is now used to compare standard sizes,rather than actual weight rating. 8 BOARD OF COUNTY COMMISSIONERS --"'� - Mayor George Neugent,District 2 Mayor Pro Tern,Heather Carruthers,District 3 U N TY So ��qNROE Danny L. Kolhage,District 1 KEY WESTDA 33040 David Rice,District 4 (305)294-4641 Sylvia J.Murphy,District 5 Robert B.Shillinger,County Attorney" Office of the County Attorney Pedro J.Mercado,Assistant County Attorney** 1111 121h Street,Suite 408 Susan M.Grimsley,Assistant County Attorney** Key West,FL 33040 Natileene W.Cassel,Assistant County Attorney** (305)292-3470—Phone Cynthia L. Hall,Assistant County Attorney** (305)292-3516 Fax Christine Limbert-Barrows,Assistant County Attorney** Derek V.Howard,Assistant County Attorney Lisa Granger,Assistant County Attorney Steven T. Williams,Assistant County Attorney **Board Certified in City,County&Local Govt.Law To: Robert B. Shillinger, County Attorney From: Lisa Granger, Assistant County Attorney Date: March 25, 2013 RE: Proposed Ordinance amending MCC Chapters 17 Section 17-2 and Section 17-6 QUESTION PRESENTED: Does the County have the authority to regulate parking and storage of vehicles, vessels, watercraft and/or abandoned and/or inoperative vehicles, watercraft or vessels on the County roads, rights of way or private property? ANSWER: Yes. Pursuant to Chapter 316.006(c) of the Florida Statutes the County has original jurisdiction over all streets and highways located within its boundaries. Under Chapter 316.008(1)(a) of the Florida Statutes the County has the power to exercise its police power to regulate or prohibit stopping, standing, or parking on streets or highways under their jurisdiction. The proposed Ordinance is a valid exercise of the County's police power to maintain safe streets, rights of ways and residential land use districts. See Kuvin v. City of Coral Gables, 62 So. 3d 625, 2010. BACKGROUND: On August 18, 2010 the BOCC approved Ordinance 25-2010, which added sub- sections to Monroe County Code Section 25-35 for the enforcement and penalties for traffic and vehicles on Monroe County roads and rights of ways to be enforced by a law enforcement officer or a parking enforcement specialist. The subsections also addressed storage of vehicles, watercraft and vessels on private property which is not enforceable by law enforcement officers. On January 16, 2013 the BOCC approved Ordinance 006-2013, which amended Section 17-2 and Section 25-35 and created Section 17-6 of the Monroe County Code to further clarify prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights of ways, on private property and in residential districts throughout Monroe County. The proposed Ordinance clarifies which vehicles, watercraft, vessels and/or wrecked, inoperative or partially dismantled vehicles and watercraft are prohibited or permitted on County roadbeds, rights of ways and/or private property in residential land use districts. CONCLUSION: A lot of time and effort went into the drafting of both the graph and the proposed Ordinance. The graph and proposed Ordinance require BOCC and public discussion and direction from the BOCC. The proposed Ordinance is legally sufficient. 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C � O m � a 0 3 S 0 c O o o Y L > O 0 0 0 0 O O 0 0 O O O O O 1O a 3 z z z z z z z z z z z z z z t on x c w o O � O li O n VI C N O Uo N LL E o o o Ooo " O O M c N C p O M m m am N o W D c C N O E w Z d c E c c t V o u a `o a c ry :EE3v L o v -- � 3 0 > N c m % `a v m m y 0 n o - a v m in v O E o y n « iv m N yo N •... W V - c iV a — c v `o «O o c a v « w o a E `O « c N V V a a a c a c O O o v� \ \ W C O O N N m w W Z Z e0 W Z u3u vi O O H LL c > -VO- u A y -tvi O o W O H o E W o d C L O = L L w J m ` v W O > a a a > ? W o w E �'0 "V > n" O O H O G A O n o o` o 'r u, L' - v y c o = c c «'t v E c y a c ,`v, u m w w c w V H S S V m V O H r m?� c LL e s > s u > w o= 3 o v O Mayor Murphy ORDNANCE NO. 025 — 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMNIISSIONERS 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 71ME PERIOD RUNNING ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT 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.Auy.Ord Amend.ch. 19 and 25 Page 1 of 12 As approved BOOC 9/18/10 NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: SECTION 1. Section 19-31, Monroe County Code, shall be amended to read: See. 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.A1ty.Ord Amend.Ch. 19 and 25 Page 2 of 12 As approved BOCC 11/19/10 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 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.Any.Ord Amend.Ch.19 and 25 Page 3 of 12 As approved BOCC 8/19/10 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 5. 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.Auy.Ord Amed.Ch.19 and 25 Page 4 of 12 As approved HOCC 9/18/10 SECTION 7. Section 1940(f), Monroe County Code, shall be amended to read: (f) All permitted work will be subject to inspection by the county engineering department. SECTION 8. 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 19-43(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 (bxl) of this section; SECTION 12. Section 1943(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.AUY.Ord Amend.Ch 19 and 25 Page 5 of 12 As approved BOCC 9/18/10 SECTION 13. Section 19-43(d),Monroe County Code, shall be amended to read: Section 1943(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 8/19/10 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 $12.50 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 diameter or fraction thereof $1.00 CO.Atty.Ord Amend.ctt 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 14. Section 19-44, Monroe County Code, shall be amended to read: See. 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-Ally.Ord Amend.Ck 19 and zs 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. SECTION 16. Section 19-46, Monroe County Code, shall be amended to read: See. 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-Atty.Ord Amend.Ch 19 and 25 Page 9 of 12 As approved BOCC 9/19/10 SECTION 18. Section 19-48, Monroe County Code, shall be amended to read: 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 engineering director, the person shall apply for an after-the-fact permit and pay all fees and penalties as provided in Section 19-43 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: See. 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 is and zs Page 10 of 12 As approved BOCC 9/19/10 SECTION 21. Section 25-3 5, Monroe County Code, shall be amended to read: Sec. 25-35. Parldng 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 F.S § 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 H 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. Co.nuy.Ord Ames.Ch. 19 and 25 Page 11 of 12 As approved BOCC 9/19/10 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 thereon; 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 e 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 o o LAJ = Z C CL =� COUNTY ATTQ-xJc AP VED AS T o ►� o W ZA A. w v3 -, ON _1 a coCJ AT fiNEY � N © Co.Auy.Ord Amead.Ch. 19 and 25 Page 12 of 12 As approved HOCC 9119/10 '44 4ir Ln f r%- ru M rq C3 I C3 Bri F C3 let, 0-1—r I, r r%- C3 r-q I-n i4;4p 'A r4^— C3 ;:h r-3 0. Box 2235 -A C3 ' . -N-Y .................................. "!le I ahassep, 1:1 3:2316-2235 1 Bo Ne. t 'ii" yl� 0-w ------------ 11 Mill! SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON VELIVEPY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired.■ 0 Agent Print your name and address on the reverse X so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, B. Received by(pdnied Name) C. Date of Delivery or on the front If space permits. 1. Article Addressed to: jKjcf(gse different from item 14 Oyes if E lb" low: ❑No Program Administrator SEP j 31 0,� a Administrative Code and Weekly R.A. Gray Building OrL 00 -e�� 500 South Bronough Street 3. Tallahassee, Florida 32399-0250 CerYffedMail CI Express Mail 0 Registered 13 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 2. cle Number 4. Restricted DeIWW(Extra Fee) El Yes Arti ( 7010 1670 0001 0244 7525 Tianster from service/abeQ PS Form 3811,February 2004 Domestic Return Receipt 102595.024A-1540 E UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid t USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • DANNY L. KCL.HAGE CLURK Cil<'CUJT COURT E00; 1/V1'-'.iTEHs A^ STPEET t KFY WEST, FLORIDA 33040 ozb -C�9V ('c2 2 C'C I l� I'k11 � J r 1�111111111 lilt 11111111ItIt lilt 111111„11<<<11��1�1�11����I�li Postal CERTIFIED MAIL,,, RECEIPT Lrl ebomesik Mail Only; Provided) fu W pnstAne $ M Certlfled Fee Postmark O Hetum Hecelpt Fee p (cndursenrent Required) Here O�J O Hestncted Uelivery Fee Q lFnrtnmemant RARlllrpd) V C3 Admini ekl o e"' d R.A. Gray Bui S� or%c�r.'A�ti 10' U�[rtfY'BT�TiU '9treet------------------------ or tiox NO''llahassae,.Elntida.2 .392:D250............. city"�reie,'1'i1¢a PS Form rr Certified Mail Provides: ■ A malling receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: � f oAifiuri�Aail m?v rlAll v h.:^�n+hir....i ..»ti rr.ei^i.,. ne.•i -.. r . ■ Certified Mail is not available for any class of International mail.. NO NISIURANCE nnvrnnnr_ IP .a. - ... .. •. valuables,please consider Insured or Registered Mail. • duplicatr..-turn--cr�" P' -. required. A For an nd,114cndl fee• "oil-j— — .;c ---. ._a endorsement'Restricledtielivery'. P It a postmark.on the Certified Mal!receipt is des!red th.� z... cleat the post office Inc^rcrn ..pir^ r ^r�—,s' .- .- receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. PS Form 3800.August 2006(Reverse)PSN 7530-02-000-9047 FLORIDA DEPARTMENT Ot STATE CHARLIE CRIST STATE LIBRARY AND ARCHIVES OF FLORIDA DAWN & ROBERTS Governor Interim Secretary of State 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: 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, -ncm Liz Cloud o Program Administrator 7- —' -� LC/srd = .. a 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://dlls.dos.atate.fl.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 M Cff IY "ter STATE OF FLORIDA �» ��«•�•••-��•M COUNTY OF MONROE Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Marsha F. Kirkwood who on oath says that he is Vice-President of Advertising Operations of the Advertising Coordinator P Key West Citizen, a daily newspaper published in Key West, in Monroe PO Box 1800 County, Florida; that the attached copy of advertisement, being a legal notice Key West FI 33041 in the matter of Office....305-292-7777 Extension........x219 - Fax.......305-295-8025 hosls(Eftevsnewe,com INTERNET PUBLISHING keyom published in said newspaper in the issues keysnewsnews.com was p ( ) of floridakeys.com key-west.com Web Design Services &iLev� 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 Solares Hill heretofore been continuous))' published in said Monroe County, Florida every 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, y preceding Islamorada Free Press � ty, Florida,a, for period of 1 year next recedin 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 advertisement for publication in the said newspaper.a�_Direct Mail p ' FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northside Drive Key West, FL 0 a 33040-1800 c� Signature of Affiant Tel 305-292-7777 Fax 305-294-0768 citizen a kevwest.com 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 Hwy Mara 33050-3342L (MM 52.5) , Tel 305-743-8766 Fax 305-743-9977 marathonQkevsnews.com 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 freepress@floridakeys.com Type of Identification Produced NOTICE OF INTENTION TO W dR �Alilii7'Y��E NOTICE is HEREBY GIVEN TO yijH 1T CONCERN that 0 eR�:Otl P.M., or redslter es may be has , thii Harvey G *Center,1200 Truman Avenue, Key West, Monroe CnUrft Florida, the Board of County Commissioners of Monroe County, Florida,,Intends to consider the-adoption of the foilowing County ordinance: AN ORDINANCE OFTHE BOARD OF COUATY C FL0ftA AMMO NG MQNROE'eoUNTY CODE CHAPTERS 18 AND 25; PRO'f11DIN00 ARIFICATION OF PFIOHIRITEQ USES OF RIGHT84)F-AWAY;PROVIDING FOR LIMITATION ON ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR CLANW10A11dNT0'START THE OPEAL TIME PERIOD RUNNING ANEW;PROVIDING OINALTIES;PROVIDING ADDITIONAL ENFORCEMENT !MEASURES AND PRO EOURft PFIMIPING FOR R. D FEES RDR PE FOR NG IPr . ORDINANCE 1 NSISYENT H FOR ATHE MONR6E,C00NTY.CObE OF. ORDINAN90;AND PRDING AN4"CTW DATE Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board wNh r6speCt to any matter conokbred- at such hearings or masons, he will now a record of ow psoreedfngs,and that,for such pWpgee,,he,may need to.ensure MW}I verbatim record of the — 0 Js made,which record o ��the testimony and z,. %ipct wlch appeal is AD'bet biieed -- a t0 C7 `Me lt: 1f-you are a M W t= peillitr,wnh's dleablNry who needs speeld accommodations in order to participate in these proosedings, please contact the County AdMinistratoes Ofts, by phoning.WS) RW-444 f, between Me hours of 8.30 a.m. -5:00 Am., no later than ten(I o calendar days prior to the scheduled meeting; If you are hearing&vbice'impaired, call 711 . Dated at Key West, Florida, this 16th day of June,2010. �FL0R10A KE1'S- q� ' ' FILED FOR RECORD IIIki, i f�:hY .Cti r mv'�' Published Twice* Weekly 2010 JUL12 AM 10: 14 E Marathon, Monroe County, Florida 04s4,r fir; 'IAGE PROOF OF PUBLICATION �,. 1 ., T 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 Ln O FLORIDA KEYS KEYNOTER, a twice 0 a� \ I weekly newspaper published in Marathon, in Monroe County, Florida: that the attached copy of advertisement was so$�otlonW.0ifti published in said newspaper in the issues of: (date(s) of publication) t FM W11. d Affiant further says that the said FLORIDA ■ � ' KEYS KEYNOTER is a newspaper published i yT'�� at Marathon, in said Monroe County, ObV4.tf �fr '•'; Is6 ibo , Florida, and that the said newspaper has heretofore been continuously published inVA 4�u;' ►. ��►,, , i said Monroe County, Florida, twice eachtpzlk ,..> 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 n advertisement. The affiant further says a that he has neither paid nor promised any ''�`�' };'o,�;4• person, firm, or corporation any discount, rllii�l•.�� I� rebate, commission or refund for the r'.a s'•s� purpose of securing this advertisement for publication in the said newspaper(s) and 2 4 that The Florida Keys Keynoter is in full !(71sr compliance with Chapter 50 of the Florida State Statutes on Legal and Official j;,,t;,�„A6 Advertisements. ;Ww a Swor su ribed before me this D of , 2010 (SEAL)_ BEV 7AAEOER MY COMMISMIS SION Ie DO A89749 EXPIRES.April 18,2014 Notary ft&d nw Nobq PW*uTMl Mbm TheReporterFILED FOR RECORD P.O. Box 1197 • Tavernier, Florida 33070-1197 2010 JUL 12 AM 10: {4 (305)852-3216 Fax: (305)852-0199 PROOF OF PUBLICATION ~� ;."T. A" STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally �,��,t4'; 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: r arra 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 f•, newspaper published at Tavernier, in said Monroe County, Florida, and that the said r;_ newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Friday), and has been entered as 1 �p second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for ;�� u ,• ,;. . _f4; 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 of the,,Florida State Statutes �egal an*'' Official Advertisements . A SworVtond spbscribed before me this 25th day of June, 20 0. Kai Vy TV �'�v 4a /-L�ca P.1t ar es siLbb tl 1lpss. ElkMARAWJ.WMEMUMr iDD8B1987 MONROE COUNTY COURTHOUSE `t'couN>yoo BRANCH OFFICE: J .•emu cmo•• 500 WHITEHEAD STREET,SUITE 101 Q�;•.� °f•..ap� PLANTATION KEY KEY WEST,FLORIDA 33040 GOVERNMENT CENTER TEL. (305)294-4641 '* 88820 OVERSEAS HIGHWAY FAX (305)295-3663 °P PLANTATION KEY,FLORIDA 33070 ,EEO.••"`��BRANCH OFFICE: TEL.(305)852-7145 UN�MARATHON SUB COURTHOUSE FAX(305)852-7146 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUTT COURT ROTH BUILDING MARATHON,FLORIDA 33050 50 HIGH POINT ROAD TEL. (305)289-6027 MONROE COUNTY PLANTATION KEY,FLORIDA 33070 FAX(305)289-6025 www.Clerk- f-the-cou t. Om TEL.(305)852-7145 February 8, 1013 FAX(305)853-7440 Municipal Code Corporation PO Box 2235 Tallahassee FL 32316-2235 Via e-mail Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 006-2013 amending Section 17-2 and Section 25-35 and creating Section 17-6, of the Monroe County Code to further clarify prohibition and enforcement regarding the parking and storage of vehicles and watercraft and/or wrecked, inoperative or partially dismantled vehicles and watercraft on County roads, and rights- of-ways, on private property and in residential districts throughout Monroe County; providing for elimination of inconsistent language; providing for severability; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on January 16, 2013. 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 Clerkof the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management via e-mail County Attorney via e-mail File ORDINANCE NO. 006—2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY CODE CHAPTERS 17 AND 26; PROVIDING CLARIFICATION OF WATERCRAFT AND VESSELS WHICH MAY NOT BE STORED IN SECTION 17-2(b); PROVIDING FOR CREATION OF SECTION 17-6; PROVIDING FOR MOVEMENT OF PROHIBITIONS REGARDING PARKING AND STORAGE OF TRUCKS, TRAILERS AND TRAVEL TRAILERS FROM SECTION 26-36 TO SECTION 17-6; PROVIDING FOR ELIMINATION OF INCONSISTENT LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010 approved Ordinance 25-2010, adding specific sub-sections to Monroe County Code 25-35 for the enforcement and penalties for traffic and vehicles on Monroe County roads rights-of-way to be enforced by a law enforcement officer or a parking enforcement specialists; and WHEREAS, certain sub-sections of the MCC 25-35 also address the storage of vehicles on private property which is not enforceable by a law enforcement officer or parking enforcement specialist; and WHEREAS, that portion of section 25-35 which is not enforceable by law enforcement officers should be moved to a new section (17-6) to allow authorization of enforcement by code compliance officers; and WHEREAS, the intent of this new section prohibiting the storage and parking of certain vehicles in residential zoning districts is to prevent diminution of property values and to retain the residential community character of the neighborhood; and WHEREAS, a common complaint from the public pertains to derelict unsightly vessels and junk cars; and WHEREAS, it is deemed in the interest of public to expand on the description of watercraft and vessels in section 17-2(b) to clarify under what conditions watercraft and vessels may not be stored; and WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of code compliance actions; NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that: SECTION 1. Section 25-35, Monroe County Code, shall be amended to read: Ord.Changing Ch.17&25 1 Sec. 25-35. - Storage of vehicles on County right-of-way prohibited. (a) Within any residential district, no trucks, trailers, travel trailers, or buses 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 stored on the paved part of any public right-of-way. No trailers of less than one-ton capacity, including all pleasure boat trailers regardless of capacity, collapsible camping trailers and cargo trailers shall be parked, or stored on any public right-of-way, but such trailers may be parked on private property in any district pursuant to section 17-6 and part II of this Code. (b) No motor vehicle of any type shall be stored on any public right-of-way. A motor vehicle parked on a public right-of-way in excess of 72 hours shall be presumed to be stored. (c) 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. (d) 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 (c) 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. SECTION 2 Section 17-2, Monroe County Code, shall be amended to read: Section 17-2-Inoperative Vehicles and Watercraft (a) Within all land use districts except Industrial (1) districts, all vehicles that are inoperative and/or unlicensed for a period of ten days shall be prohibited on any public right-of-way or on private property except within a completely enclosed garage. Ord.Changing Ch. 17&25 2 (b) Within all land use districts except Industrial (1) districts, all watercraft that are wrecked, inoperative, partially dismantled and/or decayed and/or abandoned or stored on a boat trailer that is not ready for highway use for a period of 30 days, shall be prohibited on any waterway, shore, private or public property unless contained in a completely enclosed building. SECTION 3 Section 17-6, Monroe County Code, shall be created to read: Section 17-6 Parking and Storage of Trucks, Trailers and Travel Trailers (a) Prohibited: Within any residential district, no trucks, trailers, travel trailers, or buses 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 or stored on private property except within a completely enclosed garage. Construction, landscaping or land clearing equipment may only be parked or stored on the same lot for which it is actively being used to conduct the scope of work related to a valid active permit or contract for services. (b) ) Permissible (or"allowed"): All other trucks and trailers, including all pleasure boat trailers, recreational vehicle-type units, or collapsible camping trailers may be parked or stored on private property in any district pursuant to the following conditions: (1) All vehicles 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. (2) All recreational vehicle-type units that are parked or stored as per the provisions of this article shall not be used as a place of habitation. (3) All vehicles as referred to in this section may only be parked on the same lot or contiguous lot with and after the principal structure is erected. (4) All vehicles parked or stored in accordance with this article must be registered in the name of the owner or the tenant of the property where they are parked. (5) Only one recreational vehicle-type unit as defined in F.S. § 320.01, shall be permitted on any one residential or mobile home lot for storage purposes as provided in this section. Ord.Changing Ch. 17&25 3 r SECTION 4: 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 5: 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 6: 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 7: 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 16ththis day of January , 2013. Mayor George Neugent Yes Mayor Pro Tem Heather Carruthers Yes Commissioner Danny Kolhage Yes Commissioner David Rice Yea Commissioner Sylvia Murphy vaa BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Y ..,4-vly�Z-6 Mayor George Neugent (SEAL) ATTEST: Amy Heavilin, Clerk Ad Interim B � Deputy Cl dirk 0 E COYE ROVED TFORNE Date: 0C= 'T1 7 -rt 30 � O fA Ord.Changing Ch.17&25 4