Item Q1 � Q.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: Q.1
Agenda Item Summary #7027
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
n/a
AGENDA ITEM WORDING: Approval to advertise for a public hearing to amend Monroe
County Code Section 8-28(c), Enforcement procedure, to clarify the procedures for those violations
alleged to be irreparable and irreversible in nature.
ITEM BACKGROUND: An amendment to Section 8-28(c) is necessary to make clear and
eliminate any ambiguity regarding the code compliance protocol regarding irreparable and
irreversible code violations. The amendment will clarify, but not alter, the County's current position
that there is no opportunity to cure a violation that is charged and found to be irreparable and
irreversible in nature. This is consistent with state law and the sole purpose of this amendment is to
remove any potential ambiguity or perceived conflict between 8-28(b) and 8-28(c), where (b) allows
a chance to fix a code violation without penalty before a hearing is held and section (c) does not.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
8-28c Amendment Ordinance bob edits2 -STW (Final 6/920)
FINANCIAL IMPACT:
Effective Date: Upon receipt by FL Dept. of State.
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Advertising Costs
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Current Year Portion: TBD
Budgeted: Yes
Source of Funds: 4001-00101 BOCC ADMINISTRATIVE FUND
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 06/08/2020 3:21 PM
Steve Williams Completed 06/08/2020 3:29 PM
Kathy Peters Completed 06/08/2020 3:59 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2020 >
10
11 AN ORDINANCE OF THE BOARD OF COUNTY
12 COMMISSIONERS OF MONROE COUNTY, FLORIDA >
13 AMENDING MONROE COUNTY CODE SECTION 8-28(c) TO
14 CLARIFY THAT IF A CODE COMPLIANCE OFFICER ALLEGES
15 THAT A VIOLATION IS IRREPARABLE OR IRREVERISBLE IN
16 NATURE THAT THE CASE MAY BE SCHEDULED FOR A
17 HEARING WITHOUT AN OPPORTUNITY FOR THE VIOLATOR .2
18 TO CURE THE VIOLATION AND THAT THE SPECIAL
19 MAGISTRATE MAY IMPOSE A FINE OF UP TO $15,000 PER
20 VIOLATION THAT THE SPECIAL MAGISTRATE FINDS TO BE N
21 IRREPARABLE OR IRREVERSIBLE IN NATURE WITHOUT
22 AFFORDING THE VIOLATOR A CHANCE TO CURE SAID
23 IRREPARABLE OR IRREVERSIBLE VIOLATION(S);
24 PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
25 EFFECTIVE DATE.
26 N
27 N
28 WHEREAS, Monroe County Code of Ordinances (hereinafter "Monroe County Code")
29 Section 8-28(c) has recently been construed to implicitly incorporate Monroe County Code 0
30 Section 8-28(b)'s provision of"a reasonable time to correct" a Monroe County Code "violation";
31 and
32
33 WHEREAS, Monroe County desires to eliminate any and all such construction placed 0
34 upon Monroe County Code Section 8-28(c) and any and all ambiguity from its Code so that both
35 the public and the Monroe County Code Compliance Department may clearly and uniformly E
36 understand, interpret, and apply the provisions of Section 8-28(c) in code compliance cases; and
37 E
38 WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that
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39 a violator is not entitled to an opportunity to cure a violation that is alleged to be irreparable or
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40 irreversible in nature prior to hearing provided the Code Compliance Special Magistrate
41 (hereinafter"Special Magistrate") finds that the violations are irreparable or irreversible; and W
42
43 WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that
44 the Special Magistrate has the authority to impose a fine of up to $15,000 per violation that the
45 Special Magistrate finds to be irreparable or irreversible in nature without providing the violator
46 with an opportunity to cure said irreparable or irreversible Monroe County Code violation;
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1
2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
3 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
4
5 Section 1: FINDINGS. The foregoing recitals and legislative findings are hereby
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6 adopted and constitute findings of fact and conclusions of law.
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8 Section 2: CONSTRUCTION. This ordinance, being necessary for the health, safety,
9 and welfare of the residents of the County, shall be liberally construed to effectuate the public >
10 purpose(s) hereof, and interpretation of this ordinance shall be deferred in favor of Monroe
11 County, and such construction and interpretation shall be entitled to great weight in adversarial c
0
12 administrative proceedings, in bankruptcy proceedings, at trial, and on appeal_ >
13 2
14 Section 3: Monroe County Code of Ordinances Section 8-28(c) shall be amended to
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15 read as follows: (added language is underlined; deleted language is str4eken through.)
16
17 Sec. 8-28. Enforcement procedure.
18
19 (c) If the code inspector has reason to believe a violation, or the condition causing the
20 violation presents a serious threat to the public health, safety and welfare, or if the
21 violation is irreparable or irreversible in nature, the code inspector shall make a
22 reasonable effort to notify the violator; and the director of code compliance may
23 immediately notify the code compliance special magistrate and request a hearing. Any
24 violator alleged to have committed an irreparable or irreversible violation shall not be
25 provided with an opportunity to cure such alleged_ irreparable or irreversible violation
26 before hearing. If the Code Compliance Special Magistrate finds that an irreparable or
27 irreversible violation exists, the Special Magistrate may impose a fine of M to $15,000
28 per irreparable or irreversible violation that is found to have existed.
29
30 Section 4: INCONSISTENCY, PARTIAL INVALIDITY, SEVERABILITY, AND
31 SURVIVAL OF PROVISIONS. If any provision, or portion thereof, of this ordinance is for
32 any reason held to be invalid or unenforceable by any administrative hearing officer or court of
33 competent jurisdiction, such invalidity or unenforceability shall neither limit nor impair the
34 operation, application, enforceability, or validity of any other provision, or portion thereof, of
35 this or any other ordinance. All other provisions, and parts thereof, of this and all other E
36 ordinances, shall continue unimpaired in full force and effect.
37 E
38 Section 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts ofco
39 ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
40 `�
41 Section 6: INCLUSION IN THE MONROE COUNTY CODE OF ORDINANCES.
42 The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of
43 the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately
44 renumbered to conform to the uniform numbering system of the Code. C
45
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I Section 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
2 with the Department of State and shall be effective as provided in Section 125.66(2), Florida
3 Statutes.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
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6 Florida, at a regular meeting held on the of , 2020.
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9 Mayor Heather Carruthers >
10 Mayor pro tem Michelle Coldiron
11 Commissioner Craig Cates
12 Commissioner Sylvia Murphy >
13 Commissioner David Rice 2
14
15
16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA .2
18
19 BY:
20 Mayor Heather Carruthers N
21 (SEAL)
22 ATTEST: KEVIN MADOK, CLERK
23
24 By:
25 As Deputy Clerk
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