Item G1 G.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: G.1
Agenda Item Summary #6841
BULK ITEM: No DEPARTMENT: Fire & Ambulance District 1 Board of
Governors
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
9:30 A.M. BOARD OF GOVERNORS
AGENDA ITEM WORDING: Approval of a Resolution adopting the Monroe County Fire
Prevention Inspection Fee Schedule, attached as Exhibit A. to the resolution, as approved by the
Board of County Commissioners on April 15, 2020.
ITEM BACKGROUND:
At a public hearing held on 4/15/20, the BOCC adopted Ordinance No. 013-2020 amending Chapter
13 of the Monroe County Code for the provision of additional fire protection and permit
requirements as well as set forth fees for periodic fire inspections. The Board also approved
Resolution No. 104-2020 approving the Monroe County Fire Prevention Fee Schedule, attached as
Exhibit A. to the resolution, with an effective date of October 1, 2021.
This item is the companion Board of Governors item adopting, by resolution of the Board of
Governors, the Monroe County Fire Prevention Inspection Fee Schedule, as adopted by the Board of
County Commissioner upon their approval of their Resolution No. 104-2020 on 4/15/20.
PREVIOUS RELEVANT BOCC ACTION:
4/15/2020 (Q2) BOCC adopted Ordinance No. 013-2020 and Resolution No. 104-2020
CONTRACT/AGREEMENT CHANGES:
By resolution of the BOG set Fire Prevention Fee Schedule as approved by BOCC 4/15/20
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
REV NNE DATE BOG RES Fire Prevention Inspection Fee Schedule effective (companion BOG
res to BOCC Res 104-2020 adopted at PH 4/15/20) 5/8/20
Packet Pg. 1318
G.1
Ordinance No 013-2020 Monroe County Fire Prevention Inspections BOCC 4 15 20 (Q2)
Resolution 104-2020 MC Fire Prev Inspection Fee Schedule BOCC 4/15/20 (Q2)
FINANCIAL IMPACT:
Effective Date: 10/1/2021
Expiration Date: N/A
Total Dollar Value of Contract: $0.00
Total Cost to County: $0.00
Current Year Portion: $0.00
Budgeted: N/A
Source of Funds:
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: None
Revenue Producing: Upon implementation If yes, amount: As set forth in fee schedule
Grant: No
County Match: No
Insurance Required: No
Additional Details: N/A
REVIEWED BY:
Pedro Mercado Skipped 04/27/2020 12:04 PM
Cynthia Hall Completed 04/27/2020 12:37 PM
James Callahan Completed 04/28/2020 8:20 AM
Kathy Peters Completed 04/28/2020 9:11 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
Packet Pg. 1319
G.1.a
RESOLUTION NO. -2020
A RESOLUTION OF THE BOARD OF GOVERNORS OF
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MONROE COUNTY FIRE AND AMBULANCE DISTRICT 1,
MONROE COUNTY, FLORIDA ADOPTING THE MONROE
COUNTY FIRE PREVENTION INSPECTION FEE SCHEDULE,
ATTACHED HERETO AND MADE A PART OF THIS
RESOLUTION AS EXHIBIT A.; AND HEREBY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Monroe County Fire Rescue, under the direction of the Monroe County Fire
Chief, is responsible for fire safety and prevention throughout Monroe County; and
WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire Chief, .2
has the duty and authority to conduct ongoing fire prevention code inspections and, when applicable, a.
the authority to order the removal of dangerous or hazardous conditions or material and, if necessary, 0
require standby fire personnel to mitigate emergency conditions; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida (hereinafter u
"BOCC")adopted Ordinance No. 013-2020 at a public hearing held April 15,2020 amending Chapter
a�
13 of the Monroe County Code setting forth updated and additional fire protection and permit/fire
inspection requirements; and
WHEREAS, on April 15, 2020, pursuant to Chapter 13 of the Monroe County Code, as
amended by Ordinance No. 013-2020, the BOCC also approved Resolution No. I04-2020 adopting
the Monroe County Fire Prevention Inspection Fee Schedule, attached as Exhibit A. to the resolution,
with an effective date of October 1, 2021; and
WHEREAS,the Monroe County Fire Prevention Inspection Fee Schedule, attached hereto and
made a part of this resolution as Exhibit A., is hereby being presented for approval by the Board of
Governors of Monroe County Fire and Ambulance District 1, Monroe County, Florida; and
2
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NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF GOVERNORS OF 2-
MONROE COUNTY FIRE AND AMBULANCE DISTRICT 1, MONROE COUNTY,
FLORIDA:
Section 1. The Monroe County Fire Prevention Inspection Fee Schedule, attached
hereto and made a part of this Resolution as Exhibit A., is hereby adopted.
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Section 2. Effective date. This resolution shall become effective October 1, 2021.
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G.1.a
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PASSED AND ADOPTED by the Board of Governors of Monroe County Fire and Ambulance
District 1, Monroe County, Florida, at a regular meeting of said Board held on the 17h day of June,
2020. N
Chair, Mayor Bruce Halle
Vice-Chair, Councilman Greg Lewis
Commissioner Craig Cates
Commissioner David Rice
Commissioner Sylvia J. Murphy 0
(SEAL) 2
ATTEST: KEVIN MADOK,Clerk BOARD OF GOVERNORS, MONROE COUNT)
FIRE AND AMBULANCE DISTRICT 1,
MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Chairperson
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Page 2 of 2
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ORDINANCE NO. 013 - 2020
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION 13-2 OF THE MONROE COUNTY
CODE INCREASING THE AMOUNT OF THE CIVIL FINE
IN NO PARKING AREAS; SETTING FORTH THE
REGULATIONS FOR THE PHYSICAL DIMENSIONS OF
NO PARKING SIGNS AND MINIMUM LETTER SIZE ON
NO PARKING SIGNS; AMENDING SECTION 13-3 OF THE
MONROE COUNTY CODE SETTING FORTH
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ADDITIONAL PERMIT REQUIREMENTS; SETTING
FORTH ADDITIONAL INSURANCE REQUIREMENTS;
SETTING FORTH ADDITIONAL FIRE PROTECTION
REQUIREMENTS AND PROVIDING FOR PERMIT
APPLICATION AND INSPECTION FEES; AMENDING
SECTION 13-28 OF THE MONROE COUNTY CODE
SETTING FORTH ADDITIONAL ENFORCEMENT ca
AUTHORITY PURSUANT TO THE COUNTY FIRE
MARSHALS DUTY TO ENFORCE LAWS AND y
ORDINANCES AND PROVIDING FOR FEES TO COVER
THE COST OF COUNTY FIRE MARSHAL INSPECTIONS;
AMENDING SECTION 13-30 OF THE MONROE COUNTY y
CODE SETTING FORTH THE REFERENCE SOURCES
FOR DANGEROUS AND HAZARDOUS MATERIALS
INSPECTIONS; EXPANDING THE DEFINTION OF THE
BUILDING AND PREMISES TO BE INSPECTED;
GRANTING AUTHORITY TO REQUIRE STANDBY FIRE
PERSONNEL; SETTING FORTH FEES FOR FIRE CODE
INSPECTIONS; PROVIDING FOR WAIVING OF FEES BY
THE BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
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PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Monroe County Fire Rescue, as directed by the Monroe County Fire Chief,
is responsible for fire safety and prevention throughout Monroe County and is committed to c
providing public safety; and
WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire
Chief,has the duty and authority to conduct and set forth fees for initial and ongoing fire prevention
code inspections to be charged to the business owner, including the authority to order the removal
of dangerous or hazardous conditions or material and require standby fire personnel to mitigate
emergency conditions; and
Page 1 of 7
Packet Pg. 1326
WHEREAS, the permit, insurance and supervision requirements, including the
establishment of fees for timely review of permit application requests and related inspection(s),
for use of fireworks are being updated;
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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SECTION 1: Section 13-2 Establishment of emergency vehicle zones on private property.
shall be amended to read as follows:
Sec. 13-2. -Establishment of emergency vehicle zones on private property.
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(a) On application of the owner or lessor of real property and payment of the fee established
in accordance with subsection (f) of this section, the County Fire Marshal or authorized
designee shall inspect the grounds of any shopping center, shopping mall, parking lot or
parking garage and determine whether there are areas that should be kept free of parked
motor vehicles in order to facilitate access to buildings by authorized emergency vehiclesLO
as defined in F.S. § 316.003. When making this determination, the County Fire Marshal
or authorized designee shall consider the following factors:
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(1) The number of people who frequent the property;
(2) The accessibility of the property by authorized emergency vehicles; and c
(3) The frequency of calls for emergency services at the property.
(b) The County Fire Marshal or authorized designee, upon determining that there are areas
within a shopping center, shopping mall, parking lot or parking garage, that should be
kept free of parked vehicles in order to facilitate building access by authorized emergency >
vehicles, shall discuss the matter with the owner or lessee of the property, and if there is 2
no objection, shall permit the owner or lessee of the property to erect emergency vehicles .
zone signs in accordance with subsection (d) of this section.
(c) The owner or lessee of a shopping center, shopping mall, parking lot or parking garage
who has made application to the County Fire Marshal or authorized designee pursuant to
subsection (a) of this section may withdraw the application at any time by written notice,
unless required to set aside and designate emergency vehicles zones in order to develop c
any real property in accordance with land development regulations.
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(d) Areas in which parking is to be prohibited pursuant to this section shall be conspicuously
posted with signs advising motorists that parking is prohibited pursuant to this section c
and that violators will be fined$195.00. The County Fire Marshal or authorized designee
may designate the number and size of the signs to be used.
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(e) All signs erected or allowed by subsection (d) of this section shall be installed and
maintained by the property owner or lessee of the property.
(1) Signs must be no less than twelve inches wide and eighteen inches high(12"x 18")
posted with a permanent above-grade sign with a red border and white
background.
(2) Lettering must be not less than 6 in. (150 mm) high, with the principal strokes of y
letters not less than 3/4 in. (19 mm). All letters shall be capital letters with the W
caption; "NO PARKING FIRE LANE BY ORDER OF THE FIRE MARSHAL" r,
(f) The Board of County Commissioners shall, by resolution, establish a fee to pay costs of
inspection of property and establishment of emergency vehicles zones pursuant to this
section.
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(g) Any person who causes a motor vehicle to be parked in an area in which parking is
prohibited pursuant to subsection (f) of this section shall be subject to a civil fine of
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$195.00 per occurrence.
SECTION 2: Section 13-3 Use of fireworks. shall be amended to read as follows:
Sec. 13-3. - Use of fireworks.
(a) Permit required.
(1) A permit for the display of fireworks, as defined under F.S. § 791.01 and F.S. §
791.02, shall be acquired from the County Fire Marshal. The County Fire Marshal
will approve the application for a fireworks permit only if safety conditions and
provisions of law are met. An application for a fireworks display must be received CL
by the County Fire Marshal at least 30 days in advance of the date of display
under written procedures and on a form approved by the Board of County
commissioners. As part of the permit process, an indemnification and hold-
harmless agreement on behalf of the Monroe County Board of County
Commissioners must be executed by the fireworks display sponsor or organizer,
and should be approved by the Board of County Commissioners or County
Administrator or his designee, and the County Risk Management Office if County
property is intended to be used to conduct the display of fireworks.
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i. The permit shall provide documentation of coordination and additional
permitting as required by the following; c
1. United States Coast Guard (USCG), Sector Key West
2. Florida Keys National Marine Sanctuary (FKNMS)
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ii. The sponsor and operator shall maintain a copy of the approved permit at
all times including during event preparation as well as post event during
the disassembling of:
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1. Battery(ies),
2. Electrical firing junction(s), c
3. Automatic Electrical Firing Unit,
4. Hand-Held Electrical Firing Unit,
5. Manual Electrical Firing Unit.
(2) The County Fire Marshal shall determine that the applicant has purchased a
commercial general liability insurance policy with limits of not less than .T
$1,000,000.00 per occurrence and $2,000,000 annual aggregate that covers the
fireworks display, that the County is named as an additional insured on the
insurance policy, that the County will be held harmless from any liabilities
relative to the display of fireworks under the permit, and that the County will be
afforded indemnity and a defense for any and all claims, suits, causes of action, LO
loss, damage, costs, expenses and liabilities that may result or arise out of the
fireworks display, including but not limited to any and all claims, suits, causes of ca
action, judgments or damages sustained by Monroe County for bodily injury or
for injury to or loss of property resulting from, caused by, or arising out of the
fireworks display.
i. The County Fire Marshal shall determine that the applicant has Statutory
Workers' Compensation with employer's liability coverage with
minimum limits of$500,000.00. c
ii. The County Fire Marshal shall determine by review of the application if a
barge is required. The applicant must provide Watercraft Liability in 0.
compliance with the Merchant Marine Act of 1920, also known as the
Jones Act with minimum limits of$1,000,000.00.
(3) Further, the County Fire Marshal shall require that the fireworks display will be
supervised by a person trained in pyrotechnics.
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i. The sponsor of the display shall make provisions for adequate fire c
protection for the display.
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ii. The County Fire Marshal shall determine the level of fire protection
required. c
(b) Supervision. Such fireworks shall not be displayed within:
(1) 100 feet of a building of any sort.
(2) Or be conducted within one-half mile of any hospital, nursing home or nursing
care center.
(3) Or be conducted within four hundred (400) feet of areas zoned for residential use.
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(c) Time limit on permit. Any permit issued shall be for a time not to exceed four hours and
shall state with certainty on the application where, during what hours and the time the
display shall be exhibited. Further rules and regulations where indicated and needed shall
be adopted by the Board of County Commissioners on the recommendation of the Public
Works Department.
c
(d) The Board of County Commissioners shall, by resolution, establish a fee to pay costs of
the timely review of the permit application and all necessary inspection(s) of the grounds,
property, or barge used.
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SECTION 3: Section 13-28. Duty to enforce certain laws and ordinances. shall be amended
to read as follows:
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Sec. 13-28. - Duty to enforce certain laws and ordinances.
(a) It shall be the duty of the County Fire Marshal to enforce all laws and ordinances of the LO
County, covering the following:
(1) The prevention of fires;
(2) The storage and use of explosives and flammables; ca
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(3) The installation and maintenance of automatic and other fire alarm systems and fire
extinguishing equipment;
(4) The maintenance and regulation of fire escapes;
(5) The means and adequacy of exits in case of fire, from factories, schools, hotels,
restaurants, lounges, lodging_houses, asylums, hospitals, churches, halls, theaters,
amphitheaters, and all other places in which numbers of persons work, live or
congregate, from time to time, for any purpose;
(6) The investigation of the cause, origin and circumstances of fire; and CL
(7) The maintenance of fire cause of loss records. 2
(b) The County Fire Marshal shall have authority to order any person(s) to remove or remedy
such dangerous or hazardous condition or material. Any person(s) failing to comply with
such order shall be in violation of the Florida Fire Prevention Code and ordinances of the W
County.
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(1) To the full extent permitted by law, any County Fire Marshal or their designee
engaged in fire prevention and inspection work shall be authorized at all reasonable
times to enter and examine any building, structure, marine vessel, vehicle, or
premises for the purpose of making fire safety inspections. c
(c) The County Fire Marshal is granted the authority to issue citations for violations of this
chapter.
(d) The Board of County Commissioners shall, by resolution, establish a fee to pay costs of
inspection to this section.
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Packet Pg. 1330
SECTION 4: Section 13-30. - Duty to inspect. shall be amended to read as follows:
Sec. 13-30. - Duty to inspect; Authority to require standby personnel; Fees for fire code
inspections.
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(a) The County Fire Marshal shall:
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(1) Inspect or cause to be inspected at all reasonable times, any building or premises
for dangerous or hazardous conditions or materials as set forth in the Florida Fire
Prevention Code and ordinances of the County.
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(i) Inspect or cause to be inspected, all buildings on a periodic basis that are two T
floors in elevation or more and those properties with commercial,
multifamily, and hotel or motel uses, including public buildings, and shall
make such orders as may be necessary for the enforcement of the laws and
ordinances governing the same and for safeguarding of life and property from
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fire.
(ii) Inspect permanent and temporary buildings, processes, equipment, systems,
and other fire and related life safety situations.
(iii) Conduct fire safety inspections of new construction and existing buildings
located in educational facilities, educational plants, ancillary plants, and
auxiliary facilities to ensure the safety of occupants. y
(b) The County Fire Marshal shall inspect multiple building and commercial plans to see that
the same comply with all fire prevention and control provisions of the ordinances of the
County and laws of the state.
CL
(c) The County Fire Marshal shall have the authority to require standby fire personnel or -
approved fire watch personnel when potentially hazardous conditions or, a reduction in a
life safety feature exists due to the type of performance, display, exhibit, occupancy,
contest or activity, or when there is an impairment to a fire protection feature, or because
of the number of persons present.
r-
(1) Such approved standby fire personnel or fire watch personnel shall be subject to c
the County Fire Marshal's orders at all times and shall be identifiable and remain
on duty during the times such places are open to the public, when such activity is
being conducted, or as required by the authority having jurisdiction.
0
(d) Fees shall be charged to the business owner for initial and ongoing fire prevention code
inspections and re-inspections performed on structures, buildings, or occupancies by the
fire department pursuant to this section.
(e) Fees shall also be charged for inspections required by permits for public assembly, special
events and for the cost of approved standby fire personnel or fire watch personnel.
Page 6 of 7
Packet Pg. 1331
(f) The Board of County Commissioners shall, by resolution, establish the fees required
pursuant to this chapter.
(g) Fees set forth in the Monroe County Fire Prevention Inspection Fee Schedule may be c
waived by the Board of County Commissioners at their discretion.
c
SECTION 5: 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.
N
SECTION 6: 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 7: INCLUSION IN CODE OF ORDINANCES. The provisions of this
LO
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 8: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
c
with the Department of State and shall be effective as provided in Section 125.66(2)(b), Florida
Statutes.
v,
PASSED AND ADOPTED by the Board of County Commissioners of Mon e Cou*, m '
Florida, at a regular meeting of said Board held on the 15th day of April, 2020. !-
r >
Mayor Heather Carruthers No ,NCL
Mayor Pro Tern Michelle Coldiron Yes ;" a
Commissioner Craig Cates Yes ;'
Commissioner David Rice Yes o
, » 4 Commissioner Sylvia Murphy Yes CD C
BOARD OF COUNTY COMMISSIONERS
i Attest`IEV�IN MADOK, Clerk OF MONROE CO NTY, FLORIDA
By �7 By
As Deputy Clerk Mayor Hea er Carruthers
NROE COU GcStv�Y
Ap DOVE ORM
PEDR J.MER A
AS iT RNEY
Page 7 of 7 ate CS
Packet Pg. 1332
I�E.Y V WEST
RECEIVED
N•
APR 2 2 2020
The Florida Keys Only Daily Newspaper,Est. 1876
PO Box 1800,Key West FL 33041
MONROE COUNTY ATTORNEY P:(305)292-7777 ext.219 F:(305)295-8025
legais@keysnews.com
O
MONROE CO EMERGENCY SERVICES
490 63RD ST OCEAN
MARATHON FL 33050
0
Account: 143333 Ticket: 337795 W
PUBLISHER'S AFFIDAVIT
N
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER accommodations in order to partici- w
ADOPTION OF COUNT
COUNTY OF MONROE Y ORDINANCE pate in this proceeding,please contact
the County Admrnistrator's Office,.by
NOTICE IS HEREBY GIVEN TO WHOM IT phoning(305)292-4441, between the tV
MAY CONCERN that on April 15,2020 hours of 8:30 a.m.-5:00 p.m.,no lat-
Before the undersigned authority personally appeared at 1:30 P.M.,or as soon thereafter as er than five(5)calendar days prior to
may be heard,in the Marathon Gov- the scheduled meeting,if you are hear CD
-
�� �� 5 ernment Center, 2798 Overseas High- ing or voice impaired,call"711". Live tV
G who on oath says that he or she is way,Marathon,Monroe County,Flori- Closed Captioning is available via our LO
da,the Board of County Commissioners web portal @ http:llmonroecountyfl.
r /�) l of Monroe County,Florida, intends to igm2.com for meetings of the Mon-
o`f� of the Key West Citizen, a daily consider the adoption of the following roe County Board of County Commis- CJ
County ordinance: sioners. tJ
newspaper published in Key West, in Monroe County, Florida;that the attached
a legal notice in the matter of HEARING 4.15 was CO ORDINANCE S THE BOARD OF Dated at Key West, Florida,this 16th
copy of advertiement, being 9 COUNTY COMMISSIONERS OF MON- day of March,2020. in
published in said newspaper in the issues of: ROE COUNTY, FLORIDA, AMENDING
SECTION 13-2 OF THE MONROE COUN- KEVIN MADOK, Clerk of O
TY CODE INCREASING THE AMOUNT the Circuit Court and ex officio Clerk of
Sunday, March 22,2020 OF THE CIVIL FINE IN NO PARKING the Board of County Commission-
AREAS;SETTING FORTH THE REGULA- ers of Monroe County,Florida
TIONS FOR THE PHYSICAL DIMENSIONS 03/21/20 Key West Citizen
OF NO PARKING SIGNS AND MINI-
Affiant further says that the Key West Citizen i5 a newspaper published in Key MUM LETTER SIZE ON NO PARKING
SIGNS; AMENDING SECTION 13-3 OF
West, in said Monroe County, Florida and that the Said newspapers has hereto- THE MONROE COUNTY CODE SETTING
fore been continuously published in said Monroe County, Florida every day, and FORTH ADDITIONAL PERMIT REQUIRE-
MENTS; SETTING FORTH ADDITIONAL
has been entered as periodicals matter at the post office in Key West, in said INSURANCE REQUIREMENTS; SETTING >
Monroe County, Florida,for a period of 1 year next preceding the first publication FORTH ADDITIONAL FIRE PROTECTION 2
CL
of the attached co of advertisement; and affiant further says that he or she has REQUIREMENTS AND PROVIDING FOR
PY y PERMIT APPLICATION AND INSPEC- 2
neither paid nor promised any person,firm or corporation any discount, rebate, TION FEES;AMENDING SECTION 13-28
commission or refund for the purpose of securing this advertisement for publica- of THE MONROE COUNTY CODE SET-
TING FORTH ADDITIONAL ENFORCE- ¢
tion in the s 'd eWSpap MENT AUTHORITY PURSUANT TO THE
COUNTY FIRE MARSHALS DUTY TO EN- O
FORCE LAWS AND ORDINANCES AND 0
PROVIDING FOR FEES TO COVER THE
(Signature ofAffiant) 1,2
J L] yl I COST OF COUNTY FIRE MARSHAL IN-
( SPECTIONS;AMENDING SECTION 13-30 0-
OF THE MONROE COUNTY CODE SET-
Vald S Scrl ed before me this 2p day of MXh 2020 TING FORTH THE REFERENCE SOURCES O
FOR DANGEROUS AND HAZARDOUS
MATERIALS INSPECTIONS;EXPANDING CD
THE DEFINTION OF THE BUILDING AND tV
u lic PREMISES TO BE INSPECTED; GRANT-
(N / atur ING AUTHORITY TO REQUIRE STANDBY
FIRE PERSONNEL,•SETTING FORTH FEES
FOR FIRE CODE INSPEPRO-
.*.�N,j' VIIDING FOR WAIVING OF FEESSBYTHE 0
(Notary Pub Ic Printed Name) (Notary BOARD OF COUNTY COMMISSIONERS;
;c PROVIDING FOR SEVERABILITY; PRO-
/� VIDING FOR THE REPEAL OF ALL OR-
My commission expires O�_-) %� DINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO ro
THE MONROE COUNTY CODE OF ORDI-
NANCES; AND PROVIDING AN EFFEC-
Personally Known X Produced Identification_ � 8 TIVE DATE.
CD
Pursuant to Section 286.0105, Florida
Type of Identification Produced —a Co = Statutes,notice is given that if a person
decides to appeal any decision made by
L Z C the Board with respect to any matter
considered at such hearings or meet-
r-► ings,he will need a record of the pro- ro
NGJ
ceedings, and that, for such purpose,
he may need to ensure that a verba-
piV .0 tim record of the Proceedings is made,
t� ® � N which record includes the testimony
and evidence upon which the appeal is
to be based.
ADA ASSISTANCE:If you are a person Packet Pg. 1333
with a disability who needs special
G.1.b
NOTICE Oa!INTENITIdN'TO CONSIDER —
AN ? I C .
NCuTIC,IS RERFES GIVEN TO WHOM IT MAY CONCERN that on April 1$„Z020
at 130 RM., or as soon thereafter as'
yruay be heard, in the Marathon Gov= c8
ernment Center, 2798 Overseas Hlgh
way Marathon,Monroe Casulnty,Fled-
daI Board of Co urny Comm'slgn rs' .2
of Monroe Crawasty,Florida,ihC"Ads to
consider the adoption of the following �
Colunty 0rdinartm N
AN ORDINAIII OF TIME BOARD OF (�
COUNTY COMMISSIONERS, OF M,ON- !
Rt1E COUNTY@ FLORIDA, AMENDING
SECTION 13.2 OF THE M NR E COUN.
TY CODE INCREASING THE AMOUNT
OF THE CIIf1L FINE IN NO PARItItICa 0
AREAS;5JEFTING5 FORTH THE FGULA- ' N
TIONSFORTHhPHYSICALDIMENSIONS
CIF NO PARING SIGNS AND NIIN1-: cU
MUM LMER IZE ON NO PARKING CL
SIGNS, AMt4,Djt4O SECTION'13.3 OF
THE ihAtTNRCsE C1IFlNT_CODE SETTING tV
FORTH AN[TITI _'PRR► IT REEpUIRE-
MENTS;SETTING RTC ADDITIONAL
INSURANCE IRECIL- fV1I TS; SETTINIG
FC#RTH [aITITII�AL F�PROTECTION N
REQUIREMENTS ANU �V�UING FOR L0
PERMIT APPLICATION NL INSPEC• r
TION FEES;AMENDING SIE I"ION 13e35 et
OF THE MONROE COUNT"f DE SET-
TING FORTH ADDITIONAL ]ENFORCE—
MENT AUTHORITY PURSUANT TO THE
COUNTY FIRE MARSHALS IU'UTIf TIC EIs
FORCE LA $AND ORDINANCES AND,
PROVIDING FOR FEES TO COVER THE
COST Of COUNTY FIRE MARSHAL IN
SPECDONS,AMENDING SECTION 13-30
CIF THE M NR E COUNTY CODE SET= �
TIN Q 1 TII TFIE REFERENCE SOURCES, cu
AND HAZARDI a
TICdNS EXPANDING �
TFIE AIEFMi MrTHE OUILQING AND
PREEII ET $ I S ECTEM CRaANI=
� 1RQUIRE STANDBY 8
FIRE �TTINO,FORTH FEES
F RtFRE� h'I RPECDONsi PRO- �
AAIIN FEES BY THE �
0 AROVI ,R`CLOUNT 4 CQ ISSIONbF y` >
PIR 'sl1 IN'0 FOR SE1iERAFIILNTY PII[�. 2
VIUIN "FIJR THE REPEAL OF ALL OR-'i C-
ER14ANCi SS PoNCON$f STEN'T HEREWITH; �
PAQVI aINO If OR IN!E'0!RPORATION INTO
THE'MONROE COU N1 Y CODE OF ORUI LL
NANCES AND PRIJAI IG AN IEFFEC-i >%
TIVE IFATE,
Pursuant to Section 28E.0105„ Floruda 0
'Statutes,notice is given that if a person fJ
deTlties 10 a,RFueai any d Islon�HIIcI�by py
the Board path�t`�"P h�any'matter 0
Considered at sIItI1 606,01I s or meet �
ngs,he v�ili eeU e rezrsr 01 the pro-
eeedrrI and that, ter s4th ieurpro
he may need to ensure that a verbs=
tint reword slump proceedirro is rnad'e
which record IIIt odes the tistimonyr tV
and evidence upon which the appeal Is tV
to be based ry
ADA Aar SISTsAA E.If yowu are a persons CD
r
with,a uiisabdity 0 n needs sine&
a"oMmodalior�s in prade; to Eartid-
pate in this pmiiied,ing,Iliease C"act �
the ouant Adfniruistrotsur`" I ffico,by
phoning, OSf 292 rI,1„ Pelwe*o 4e �
hours,of& a:m-Sn , A`R,q�n�,.ial m
nt than Arne(5)Carendar- ay fr' �
the schedraled meetrn if ouuAre
,ang r amine Impaired,tali"7t I , Live
e :m
CIu s rl Ca rin"ing,is avaflalale via°our
web portal htlia,dlrnonroecc+untytl.
igrn7:0- for'meetings of the, - on
rare Co uory Soard of County Cnn,98;
,entreats
Dated at Key West, Florida,this 16th Ce
clay of March,2020, �
B4-VIN MACuCIK, Clerk Of
the Circuit Court and ex c rcip Clerk;Of
the Board of County Commission-
ers of Monrcap:County,Florida
lT3i21a"70 Key'vw'ect Cituzdn
Packet Pg. 1334
xrxs
�iir E 2 " I y. ;'I .�
NOTICE Or INTENTION TO INCO NSIS NT HERE"W'IT'H,
Published Weekly CONSIDER ADOPTION OF PRE'V101NG FOR I NCO RPO RATIO N
COON"ORDINANCE INTO THE MONROECOUNTY —
Marathon, Monroe County,Florida NOTICE IS HEREBY GIVEN TO CODE OF ORDINANCES,AND �
WHOM IT MAY CONCERN that on RROVILIING AN EFFECTIVE DATE. o
PROOF
April 15,2020 at.i;3B RM,or as Pursuant to Section 2f16 0105,
E'R C)� FPUBLICATION pon thereafter as may Rua Heard, Florida Statutes,notice Is given
un the Marathon Government that If a parson decides to appeal
Center,2798,Overseas Highway, any decision,made bytheBoard
Marathon,Monroe County,: with respect to any matter
STATE OF FLORIDA Florida the Board of County considered at such hearings or
Commissioner$of Monroe meetings he will need a record y
COUNTY OF MO N RO E County.Florida,Intends to of the Proceedings and that:for W
consider the adoption of the such purpose„such person may
Before the undersigned authority foRoyulnU County ordinaI need to ensure,that a verbatim
AN ORDNANCE Of THE ROARO record of the proceed°rn s rs
personally appeared JASON KOLER who Of COUNTY COMMISSION ERS made,which record Includes the �
On oath, says that he is PUBLISHER of OF MONROE COUNTY,FLORIDA, testirnany and evidence upon
AMENDING 5€C f I IN 13-�Or which she appeal is 5o he based.
the WEEKLY NEWSPAPERS, a weekly THE, � ROEUNTYCODE
ADASSISTAN IfyamaINC If person ldisability
THE CIVIL FINE IN NO PARKING need's special accornmlodations �
newspaper published in Marathon, in
AftEASs SETTING FORTH THE InordertopanicipateInthis
Monroe County, Florida: that the REGULATIONS FOR THE PHYSICAL proceed ing,plairse contact,dre
i3IMufEUSIONSOfNOPARKING County Adrninistrator"s Office by N
attached Copy of advertisement was SIGN$AND MINIM UM LETTER phpliiurogltd75d292-�f�tmlt Vivisect
Sly° I010PAR NOSIDS1% thisfiouirspfBa3Ua.ms,�SI6gm
published in said newspaper in the AMENOING SECTION 133OF nolaterthanfivelSlcatesrdardays W
issues of:(date(s)of publication) THE Mft00%COUNTY CODE prlorto the scheduled meothn1g;R CV
SETTING FORTH ADDITIONAL you are freadmgor voice trnpalred to
PERMIT REQUIREMENTS;SETTING tallfls'.LlveClosedCaption9nq �
Ar 1? FORTH ADDITIONAL INSURANCE Is available via ou"veb portal et
REQUIREMENTS;SETTING FORTH @ ht°t rmonmecountyll,Icim2. �
f ADDITIONAL FIRE PROTECTION con=meetings oftfleMonroe
R LOU]REMENTS AND PROW DING County Board of County
FOR PERMIT APPLICATPONAND Commissioners.
INS PECTICIN FEES;AMENDING Dated at Key West,Florida this ca
ffl rltfurthersaaf5thatth said WEEKLY SECTION13-28OF THE,MONROE 16"d'ayof March,202,B
COUNTY CODE SETTING FORTH KEVINMADOK,Clerkof the C€rcuIt
NEWSPAPERS is a newspaper published ADDITIONAL ENFORCEMENT Court
AUTHORITYPrURSUANi"TO and exoffucuoOferkofthe Boa rd
at Marathon,. In said Monroe County, THE COUNTY FIRE MARSHALS Of County
DUTY TO ENFORCE LAWS AND CormrmissionersorMonroe N Florida,and that the said newspaper has ORDINANCES AND PpR7VIIDING Craupnty,,Florida
heretofore been continuouslypublished FOR FEES TO COVER THE COST` PuIl
p OFCCiUNTYFIREMARSHAL March19,2020
In said Monroe County, Florida, once INSPECT ONS,AMENDING The WeeklyNevaspapeis o
SECTION I3.30 OF THE MONROE
each week (on Thursday) and has been COO NTY CODE SETTING FORTH
THE REFERENCE SOURCES FOR �
qualified as a second Class mail matter at DANGEROUS AND HAZARDOUS >
the post office in Marathon, In Monroe EXPANDINGTTLS 1 INTIONOf CL
County, Florid year Florida, for period of one THE BU ILDING AND PREMISES
y p } To BE INSPECTED GRANTING
QUIRE U_
next preceding the first publication of AUTHORITY
T STANDBY EEPERSO NEL�
the attached Copy of advertisement.The SETTING FORTH FEES FOR
FIRE CODE MSPECTTr3NS,
affiant further says that he has neither PROVI DING FOR'4WAIVINGOf o
FEES BY THE OOARO OF COUNTY U
paid nor promised any person, firm, or q fiVMIiSSIiO0ftPROVIDINGFOR W
SEVERABILITY,PROVI NG FOR. 8
corporation any discount, rebate, THE'REPEALOf ALL ORDINANCES �
commission or refund for the purpose of o
securing this advertisement for CD
publication in the said newspaper(s)and CD
cv
that The—,t+�leekly Ne sp er ,s _in full
gorr�pliance lh hapter �Q _ref_the
Flcrif, State tta. cr. Leal ail o
Official ial Aduertisements, a,
t;!� orn and-subscribed before me
d of
(S ) C�'irYRLQ1Tr HRUSKA av
M a`COM;r M 15,31�'N#GG 221$3
r EXPVE a ep"o, wer i,204
801d d Th ru Notzrr Public UndeAvlftft
.........
Notary
Packet Pg. 1335
Marathon-Sunshine Key Big Pine Key-No Name Key Little,Middle&Big Torch Key-Ramrod KeySummerland Key Cudjoe Key Sugarloaf Key
r
bb.
S .& fir.,r,,,; ,� „i ✓/L;,.0 ,. 6 i .a.H„ ��,d�' i ,A,/i e.,f ! 2
0
30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043
0
Phone: 305-872-0106 Fax: 305-515-2939
RECEIVED --
AFFIDAVIT OF PUBLICATION
APR 13 2020
N
STATE OF FLORIDA >
COUNTY OF MONROE MONROE COUNTYarroRtvLc
- -Before-the-undersigned authority personally-appeared Steve-Estes,-who-on--oath-says-that he-is-the-- -
Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, LO
Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter
of:
LEGAL NOTICE: NOTICE OF INTENT TO ADOPT ORDINANCE AMENDING FIRE INSPECTION
SERVICES: MONROE COUNTY EMERGENCY SERVICES/FIRE RESCUE, 490 63RD Street,
Ocean, Marathon, FL 33050
was published in said newspaper in the issue(s) of:
APRIL 10, 2020
Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in L
said Monroe County, Florida and that said newspaper has heretofore been continuously published in 2
said Monroe County, Florida each week and has been entered as first-class mail matter at the post
office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first
publication of the attached copy of advertisement; and affiant further says that she has neither paid 0
nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur-
pose of securing this advertisement for publication in said newspaper.
N
Signature of Affiant
Sworn and subscribed before me this 10th day of APRIL, 2020
Signature of Notary ro,WyP� c xArrACASEY Printed Name of Notary
MY COMMISSION#GG29581
�oF�0' EXPIRES:September 13,2020
Expires
Personally Known Produced Identification
Type of Identification Produced
Packet Pg. 1336
News Barometer
YearsServicing
Dockside Service calls Mercruiser l/G& inbeaard
High& Dry Storage � ea[ a inbeards
417 Safe and Secure Reverse Gear rebuilding,
Boats. Campers. 30641 Overseas Hwy Borg Warner and afters
Trailers.Cars. hAM 30.5 east heeling 1 Hydraulic trailer
Big Pine Ivey, Fla 3343 v,
Yamaha outboards Bottom painting �
Mercury outboards 305-872-9040 Fiberglass repair
www.skeetersmarine.com
- - c
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE `V
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on April IS, 2020 at .30 LO
P.M.,or as soon thereafter as may be heard,in the Marathon Government Center,27"Overseas
Highway, marathon, Monroe County, Florida the Board of County Commissioners of Monroe
County, Florida, intends-to consider the adoption of the following County ordinance c,
AN ORDINANCE OF THE BOARD OF COUNTY'
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AMENDING SECTION I3-2 OF THE MONROE COUNTY
CODE INCREASING THE AMOUNT OF THE CIVIL FINE IN
NO PARKING AREAS SETTING FORTH THE
REGULATIONS FOR THE PHYSICAL DIMENSIONS OF NO
PARKING SIGNS AND MINIMUM LETTER SIZE ON NO
PARKING SIGNS; AMENDING SECTION 13-3 OF THE
MONROE COUNTY CODE SETTING FORTH ADDITION
PERMIT REQUIREMENTS; SETTING FORTH 2
CL
ADDITIONAL INSURANCE REQUIREMENTS; SETTING
FORTH ADDITIONAL FIRE PROTECTION a—
u-
REQUIREMENTS AND PROBING FOR PERMIT
APPLICATION AND INSPECTION FEES; AMENDING
SECTION 13-28 OF THE MONROE COUNTY CODE, Uc
SETTING FORTH ADDITIONAL ENFORCEMENT �
AUTHORITY PURSUANT TO THE COUNTY FIRE
MARSHALS DUTY TO ENFORCE LA'Vf+'S AND
ORDINANCES AND PROVIDING FOR FEES TO COVER
THE COST OF COUNTY FIRE MARSHAL INSPECTIONS;
ENDING SECTION 13-30 OF THE MONROE' COUNTY cCD
V
CODE SETTING FORTH THE REFERENCE'SOURCES FOR r�
DANGEROUS AND HAZARDOUS MATERIALS
INSPECTIONS; EXPANDING THE IIEFINTION OF THE, c
BUILDING AND PREMISES TO BE INISPECTED �
GRANTING AUTHORITY TO REQUIRE STANDBY FIRE
PERSONNEL; SETTING FORTH FEES FOR FIRE COTE
INSPECTIONS; PROVIDING' FOR WAIVING OF FEES B
THE BOARD OF COUNTY COMMISSIONERS;PROVIDING
FOR SEVE TLITY PROVIDING FOR THE. REPEAL OF
ALL ORDINANCES ANCES INCONSISTENT' HEREWITH; �
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 2 1 , Florida Statutes, notice is liven that if a person decades; to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings,he will Packet Pg. 1337
need a record,of the proceedings,and that.for such purpose,he may reed to ensure that a verbatim record
ofthe nmeeedin s is made_which record includes the testirnonv and evidence unan which the anneal i
- C01jRT4
�P'4,°U.
Kevin Madok, cPA
�OF
ou
;' .«® � Clerk of the Circuit Court&Comptroller—Monroe County, Florida
•YRo.
0
April 27,2020
0
Department of State y
Administrative Code&Register
500 S Bronough Street `_✓
Tallahassee FL 32399-0250
0
To Whom It May Concern,
0
Attached is an electronic copy of Ordniance No.013-2020 amending Section 13-2 of the Monroe
County Code increasing the amount of the civil fine in no parking areas; setting forth the regulations for
CD
the physical dimensions of no parking signs and minimum letter size on no parking signs; amending
LO
Section 13-3 of the Monroe County Code setting forth additional permit requirements; setting forth
additional insurance requirements; setting forth additional fire protection requirements and providing for
permit application and inspection fees; amending Section 13-28 of the Monroe County Code setting
forth additional enforcement authority pursuant to the County Fire Marshals duty to enforce laws and
Ordinances and providing for fees to cover the cost of County Fire Marshal inspections; amending
Section 13-30 of the Monroe County Code setting forth the reference sources for dangerous and
hazardous materials inspections; expanding the definition of the building and premises to be inspected;
granting authority to require standby fire personnel; setting forth fees for fire code inspections;
providing for waiving of fees by the Board of County Commissioners; 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.
2
0.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular 2
meeting, held in formal session, on April 15, 2020. Should you have any questions please feel free to
contact me at(305) 292-3550.
0
Respectfully Submitted,
0
Kevin Madok, CPA, Clerk of o
the Circuit Court&Comptroller&
ex-officio to the Monroe County `V
N
Board of County Commissioners r�
by:Pamela G. Hancock, D.C. o
0
0
cc: Fire Rescue 0
County Attorney
BOCC
File
0
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 Plan n kpir FlnA-4i 4
305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1338
FLORIDA DEPARTMENT 0 STATE
0
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
0
April 27, 2020
N
W
cv
Honorable Kevin Madok
Clerk of the Circuit CourtLO
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pam Hancock
Dear Mr. Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 013-2020, which was filed in this office on April 27, >
2020. 2
CL
Sincerely,
0
r-
Ernest L. Reddick 0
Program Administrator
N
ELR/lb
0
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us Packet Pg. 1339
RESOLUTION NO. 104 -2020
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ADOPTING THE MONROE COUNTY FIRE PREVENTION
INSPECTION FEE SCHEDULE, ATTACHED HERETO AND >
MADE A PART OF THIS RESOLUTION AS EXHIBITA.;AND
HEREBY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Monroe County Fire Rescue, under the direction of the Monroe County
Fire Chief, is responsible for fire safety and prevention throughout Monroe County; and
WHEREAS, the Monroe County Fire Marshal, who reports to the Monroe County Fire
Chief,has the duty and authority to conduct ongoing fire prevention code inspections and,when y
applicable, the authority to order the removal of dangerous or hazardous conditions or material W
and, if necessary, require standby fire personnel to mitigate emergency conditions; and
WHEREAS, the Board of County Commissioners of Monroe County, FloridaLO
c®
(hereinafter`BOCC") adopted Ordinance No. 013-2020 at a public hearing held April 15, 2020
amending Chapter 13 of the Monroe County Code setting forth updated and additional fire
protection and permit/fire inspection requirements; and
WHEREAS, pursuant to Chapter 13 of the Monroe County Code, as amended by the
ordinance adopted April 15, 2020 by the BOCC, the fees necessary to cover the cost for the
services by the County Fire Marshal must be established by resolution of the BOCC; and )
WHEREAS, the Monroe County Fire Prevention Inspection Fee Schedule, attached -
hereto and made a part of this resolution as Exhibit A., is being presented for approval by the
BOCC; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY >
COMMISSIONERS OF MONROE COUNTY, FLORIDA: L
2
Section 1. The Monroe County Fire Prevention Inspection Fee Schedule, attached
hereto and made a part of this Resolution as Exhibit A., is hereby
adopted.
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Section 2. Effective date. This resolution shall become effective October 1, 2021.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of April, 2020.
Mayor Heather Carruthers No
Mayor Pro Tem Michelle Coldiron Yes
Commissioner Craig Cates Yes
Commissioner David Rice YesCL
-Yes
Commissioner Sylvia J. Murphy
0
°,ti1 ATTEST , ) VIN MADOK,Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE UN Y, FLORIDA
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By By:
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As Deputy Clerk M yor a her Carruthers
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NROE COUNTY ATMANEY "
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ASSI NTY AT RNEY
Date 3/17/20
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