Loading...
Ordinance 020-2020 e MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 020 - 2020 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE SECTION 8-28(c) TO CLARIFY THAT IF A CODE COMPLIANCE OFFICER ALLEGES THAT A VIOLATION IS IRREPARABLE OR IRREVERISBLE IN NATURE THAT THE CASE MAY BE SCHEDULED FOR A HEARING WITHOUT AN OPPORTUNITY FOR THE VIOLATOR TO CURE THE VIOLATION AND THAT THE SPECIAL MAGISTRATE MAY IMPOSE A FINE OF UP TO $15,000 PER VIOLATION THAT THE SPECIAL MAGISTRATE FINDS TO BE IRREPARABLE OR IRREVERSIBLE IN NATURE WITHOUT AFFORDING THE VIOLATOR A CHANCE TO CURE SAID IRREPARABLE OR IRREVERSIBLE VIOLATION(S); PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Monroe County Code of Ordinances (hereinafter "Monroe County Code") Section 8-28(c) has recently been construed to implicitly incorporate Monroe County Code Section 8-28(b)'s provision of"a reasonable time to correct" a Monroe County Code "violation"; and WHEREAS, Monroe County desires to eliminate any and all such construction placed upon Monroe County Code Section 8-28(c) and any and all ambiguity from its Code so that both the public and the Monroe County Code Compliance Department may clearly and uniformly understand, interpret, and apply the provisions of Section 8-28(c) in code compliance cases; and WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that a violator is not entitled to an opportunity to cure a violation that is alleged to be irreparable or irreversible in nature prior to hearing provided the Code Compliance Special Magistrate (hereinafter "Special Magistrate") finds that the violations are irreparable or irreversible; and WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that the Special Magistrate has the authority to impose a fine of up to $15,000 per violation that the Page 1 of 3 Special Magistrate finds to be irreparable or irreversible in nature without providing the violator with an opportunity to cure said irreparable or irreversible Monroe County Code violation; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1: FINDINGS. The foregoing recitals and legislative findings are hereby adopted and constitute findings of fact and conclusions of law. Section 2: CONSTRUCTION. This ordinance, being necessary for the health, safety, and welfare of the residents of the County, shall be liberally construed to effectuate the public purpose(s) hereof, and interpretation of this ordinance shall be deferred in favor of Monroe County, and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, in bankruptcy proceedings, at trial, and on appeal. Section 3: Monroe County Code of Ordinances Section 8-28(c) shall be amended to read as follows: Sec. 8-28. Enforcement procedure. (c) If the code inspector has reason to believe a violation, or the condition causing the violation presents a serious threat to the public health, safety and welfare, or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator; and the director of code compliance may immediately notify the code compliance special magistrate and request a hearing. Any violator alleged to have committed an irreparable or irreversible violation shall not be provided with an opportunity to cure such alleged irreparable or irreversible violation before hearing. If the Code Compliance Special Magistrate finds that an irreparable or irreversible violation exists, the Special Magistrate may impose a fine of up to $15,000 per irreparable or irreversible violation that is found to have existed. Section 4: INCONSISTENCY, PARTIAL INVALIDITY, SEVERABILITY, AND SURVIVAL OF PROVISIONS. If any provision, or portion thereof, of this ordinance is for any reason held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, such invalidity or unenforceability shall neither limit nor impair the operation, application, enforceability, or validity of any other provision, or portion thereof, of this or any other ordinance. All other provisions, and parts thereof, of this and all other ordinances, shall continue unimpaired in full force and effect. 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 THE MONROE COUNTY 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. Page 2 of 3 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 held on the 15th of July, 2020. Mayor Heather Carruthers Yes Mayor pro tern Michelle Coldiron Yes Commissioner Craig Cates Yes Commissioner Sylvia Murphy Yes Commissioner David Rice Yes ,.,.'� `� , BOARD OF COUNTY COMMISSIONERS :� OF MONROE CO Y LORIDA �� ,. Je BY: ✓ -' ,� May He t Carruthers A T: KEVIN MADOK, CLERK By: ��� As Deputy Clerk MONROE COUNTY ATTORNEY o N AppROyE(S tN M: o RPI..BN LUNOER,JR J ¢ Dib T/�!//3}��-yu R R Page 3 of 3 ,..„......--, ,_........„0"... . KI:.YVWI ST THE CMZEN The Florida Keys Only Daily Newspaper. Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext 219 F:(305)295-8025 legals@keysnews.com MONROE CO ADMIN/BOCC THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-205 RECEIVED KEY WEST FL 33040 JUL 16 20Z° Account: 143331 Ticket: 348212 0�, .-;_ MONRc1s- OlIN-r PUBLISHER'S AFFIDAVIT STATE OF FLORIDA AMENDED NOTICE OF INTENTION TO b) If watching the meeting online: COUNTY OF MONROE CONSIDER ADOPTION OF COUNTY click on/open the live Zoom we- ORDINANCE binar link httos://www.monroe- coumy-fI.00v/BoccMeeting1uly15 NOTICE IS HEREBY GIVEN TO WHOM IT that appears in both the pub- Before the undersigned authority personally appeared MAY CONCERN that on July 15,2020 at lished Agenda and Agenda Pack- 1:30 P.M.,or as soon thereafter as may et. When prompted,enter your ���� w. r ' ,� )� says be heard,the Board of County Commis- email address and name to join PV ,who on oath s that he or she is sioners of Monroe County, Florida, in- the webinar and then select the tends to consider the adoption of the "Raised Hand" feature that/� ,�CSCn ap- following County ordinance: pears at the bottom of the Zoom e 1'}'\r/,o(j _ of the Key West Citizen. a daily news- webinar screen to be recognized AN ORDINANCE OF THE BOARD OF by the meeting monitor. paperpublished in K West, in Monroe County, Florida;that the attached copy COUNTY COMMISSIONERS OF MON- ROEre- of advertisment, beinga legal notice in the matter of CODE SECTION 8-28 c COUNTY,COUNTY CODA AMENDING TION The meetingyouwish monitor/host pw all on g ( ) MONROE CODE SECTION quest the item#you wish to speak on was published in said newspaper in the issues of: 8-28(c) TO CLARIFY THAT IF A CODE and enable your participation when COMPLIANCE OFFICER ALLEGES THAT the Mayor calls for public speakers on A VIOLATION IS IRREPARABLE OR IRRE- your item.To report problems with the Wednesday, July 1, 2020 VERSIBLE IN NATURE THAT THE CASE broadcast,please call(305)872-8831. MAY BE SCHEDULED FOR A HEAR- ING WITHOUT AN OPPORTUNITY FOR A person may submit written or other THE VIOLATOR TO CURE THE VIOLA- physical evidence on a particular agen- TIONAffiant further says that the Key West Citizen is a newspaper published in Key T AND IMPOSEP THE SPECIALINEOF UP TOS- meetingd item for Lindseycnds alan at the aOCC TRADE MAY A FINE UP to Ballard via email to: West, in said Monroe County, Florida and that the said newspapers has hereto- S15,000 PER VIOLATION THAT THE SPE- ballard-lindsey@monroecountv-fl.gov fore been continuously published in said Monroe County, Florida every day, and CIAL MAGISTRATE FINDS TO BE IRREP- or by mail to:The County Administra- ARABLEhas been entered asperiodicals matter at thepost office in KeyWest, in said OR IRREVERSIBLE IN NATURE West,toes Office, 1100 Simonton Street,Key WITHOUT AFFORDING THE VIOLATOR FL 33040. The documents must Monroe County, Florida, for a period of 1 year next preceding the first publication A CHANCE TO CURE SAID IRREPARABLE be received by 3:00 p.m. on Monday, sub- ofO the attached copyof advertisement; and affiant further says that he or she has VI IRREVERSIBLE ABILIT, CODON(S); PRO- July 13,r' name,2020 and must include the Y VIDING FOR SEVERABILITY, CODIFICA- mitter's address,phone number neither paid nor promised any person, firm or corporation any discount, rebate, TION,AND AN EFFECTIVE DATE. and email address and the agenda item commission or refund for the purpose of securing this advertisement for publica- number the documents are regarding. Pursuant to Executive Order No.20-69 tion in the said newspaper. (extended by Executive Orders No.20- Pursuant to Section 286.0105, Florida 112,20-139 and 20-150),Monroe Coun- Statutes,notice is given that if a person ty Emergency Directive 20-06,and the decides to appeal any decision made by Center for Disease Control ("CDC)so- the Board with respect to any matter (Signature ofAffiant) cial distancing guidelines established considered at such hearings or meet- to contain the spread of the COVID-19 ings,he will need a record of the pro- virus, this meeting will be conducted ceedings, and that, for such purpose, Affi med and sub crib'ed before me this 8th day of July 2020 via Communication Media Technology he may need to ensure that a verba- ("CMT") using a Zoom Webinar plat- tim record of the proceedings is made, form @ https://www,monroecounty-fl which record includes the testimony gov/BoccMeetingJu y15. and evidence upon which the appeal is to be based. (Notary lic S ature The public is strongly encouraged to 57 watch the meeting on Monroe Coun- ADA ASSISTANCE:If you are a person ```�s� tip, ty's MCTV Comcast Channel 76 or lis- with a disability who needs special G , ten to audio only from their phone by accommodations in order to partici- (Notary Pu is Printed Name) (Nota-'a-�•• dialing (646) 518-9805 or (669) 900- pate in this proceeding,please contact 1'i=`— c 6833 and, when prompted, enter the the County Administrator's Office, by ' Webinar ID# 966 7596 0018 followed phoning (305)292-4441, between the My commission expires t G o2�a'� ��'��,,.'kt''�`�;.� by the#key. hours of 8:30 a.m.-5:00 p.m., no lat- 1rnnna er than five(5)calendar days prior to mm nci) The public can watch the meeting on- the scheduled meeting;if you are hear- lineX Q by visiting the County's meeting ing or voice impaired,call"711". Live Personally Known X Produced Identification_ portal it htto://monroecountyfl.iam2 Closed Captioning is available via our :3 com/Citizens/Default.aspxand selecting web portal @ http://monroecountyfi m t/..�Z the "Watch Live"banner to view with iam2.com for meetings of the Mon- Type of Identification Produced VCn Cn = live closed captioning on an integrated roe County Board of County Commis- - O = page that includes the agenda/agenda sioners. -c c backup. Dated at Key West, Florida, this 24th a N If a person wants to comment on a par- day of June,2020. 0 N 3 ticular item on the public portion of the KEVIN MADOK, Clerk of agenda when the meeting host and/ the Circuit Court and ex officio Clerk of Sit O ry-CI or the Mayor calls for speakers on the the Board of County Commissioners of ,5 trN 8 CDCD item you wish to comment on: Monroe County,Florida 07/01/20 Key West Citizen a) If phoning-in: dial *9 to "raise your hand"to be recognized by the Zoom webinar monitor. If a person wants to comment on a par- ticular item on the ouLlis_portion of the agenda when the meeting host and/ AMENDED NOTICE OF INTEN ION TO CONSIDER ADOPTION OF COUNTY or the Mayor calls for speakers on the ORDINANCE item you wish to comment on: NOTICE IS HEREBY GIVEN TO WHOM IT a) If phoning-in:znin i>z dial *9 to "raise MAY CONCERN that on July 15,2020 at your hand"to be recognized by 1:30 P.M.,or as soon thereafter as may the Zoom webinar monitor. be heard,the Board of County Commis- b) If watching the meeting online; sioners of Monroe County, Florida, in- tends to consider the adoption of the click on/open the live Zoom we- following County ordinance: binar link https:/Iwvyw.monroe S9unty fl.gov/BoccMeeSiDgJulylS AN ORDINANCE OF THE BOARD OF that appears in both the pub- COMMISSIONERS OF MON- lished Agenda and Agenda Pack- COUNTYROE COUNTY, FLORIDA AMENDING et. When prompted,enter your SECTION email address and name to Join MONROE COUNTY CODE _ i the webinar and then select the 8-28(c) TO CLARIFY THAT IF A CODE "Raised Hand" feature that ap- pearsCOMPLIANCE OFFICER ALLEGES THAT at the bottom of the Zoom A VIOLATION IS IRREPARABLE OR IRRE- webinaryt screeneti to nibe recognized VERSIBLE IN NATURE THAT THE CASE by the meeting monitor. MAY BE SCHEDULED FOR A HEAR- The meeting monitor/host will re- ING WITHOUT AN OPPORTUNITY FOR quest the item#you wish to speak on THE VIOLATOR TO CURE THE VIOLA- and enable your participation when TION AND THAT THE SPECIAL MAGIS- the Mayor calls for public speakers on TRATE MAY IMPOSE A FINE OF UP TO your item.To report problems with the S15,000 PER VIOLATION THAT THE SPE- broadcast,please call(305)872-8831. CIAL MAGISTRATE FINDS TO BE IRREP- ARABLE OR IRREVERSIBLE IN NATURE A person may submit written or other WITHOUT AFFORDING THE VIOLATOR physical evidence on a particular agen- A CHANCE TO CURE SAID IRREPARABLE da item for consideration at the BOCC OR IRREVERSIBLE VIOLATION(S); PRO- meeting to Lindsey Ballard via email to: VIDING FOR SEVERABILITY, CODIFICA- TION,AND AN EFFECTIVE DATE, or by mail to:The County Administra- Pursuant to Executive Order No.20-69 tor's Office, 1100 Simonton Street,Key (extended by Executive Orders No.20- st beereceived by3 00 st,FL 33040. The documents onMonday,m 112,20-139and20-150),MonroeCoun- typ.m.Emergency Directive 20-06,and the Julymier's name,2 address,t phonenclude tnumber Center for Disease Control ("CDC)so- cial distancing guidelines established number the documents are regarding. to contain the spread of the COVID-19 virus, this meeting will be conducted Pursuant to Section 286.0105, Florida via Communication Media Technology Statutes,notice is given that if a person ("CMT") using a Zoom Webinar plat- decides to appeal any decision made by form sa tt J/wwvvMonLogSoun -fl. the Board with respect to any matter goyBoccMe in ul 15. considered at such hearings or meet- ings,The public is strongly encouraged to he will need a record of the pro- ceedings, and that, for such purpose, watch the meeting on Monroe Coun- he may need to ensure that a verba- ty's MCTV Comcast Channel 76 or lis- tim record of the proceedings is made, ten to dialing audio(646)0518 from their or (669)ne 900- which record includes the testimony and evidence upon which the appeal is 6833 and, when prompted, enter the to be based. Webinar ID# 966 7596 0018 followed by the#key. ADA ASSISTANCE:If you are a person with a disability who needs special TlI e_publicsan watch the meetino on- accommodations in order to partici- line by visiting the County's meeting pate in this proceeding,please contact portal 0 httto//monroecountyfltam . the County Administrator's Office, by co_m/ 'tiz n D ault. s x and selecting phoning(305)292-4441, between the the"Watch Live"banner to view with hours of 8:30 a.m. -5:00 p.m., no lat- live closed captioning on an integrated er than five(5)calendar days prior to page that includes the agenda/agenda the scheduled meeting; you are hear- backup. inn or voice impaired,call"711". Live ; Closed Captioning is available via our web portal 0 http:f/monroecountyfl. igm2.com for meetings of the Mon- roe County Board of County Commis- sioners. Dated at Key West, Florida, this 24th day of June,2020. KEVIN MADOK, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 07/01/20 Key West Citizen ."�./'� K1iY ''WI ST THE MEN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800. Key West FL 33041 P:(305)292-7777 ext 219 F:(305)295-8025 Iegals@keysnews.corn MONROE CO ADMIN/BOCC RECEIVED THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-205 'JUL 1 6 2020 KEY WEST FL 33040 MONROE COUNTY ATTORNEY Account: 143331 Ticket: 347205 SIDER PUBLISHER'S AFFIDAVIT NOTICE PTIONINTENTION OFCO4NTYORDITO NANCE STATE OF FLORIDA NOTICE IS HEREBY GIVEN TO WHOM NOTICE OF INTENTION TO CONSIDER IT MAY CONCERN that on July 15,2020 COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE at 1:30 P.M., or as soon thereafter as may be heard, in the Marathon Gov- NOTICE IS HEREBY GIVEN TO WHOM ernment Center, 2798 Overseas High- IT MAY CONCERN that on July 15,2020 way,Marathon,Monroe County,Flori- Before the undersigned authority personally appeared at 1:30 P.M., or as soon thereafter as da,the Board of County Commissioners r may be heard, in the Marathon Gov- of Monroe County, Florida, intends to j� ,n 1 ` .�/j } U way,Marathon,t Center, 2798 Overseas High- consider the adoption of the following /-; 1 V 1JU w 1 who on oath says that he or she is way, Monroe County,Flori- County ordinance: da,the Board of County Commissioners of Monroe County, Florida, intends to AN ORDINANCE OF THE BOARD OF -e h1 0 of the Key West Citizen, a daily consider the adoption of the following COUNTY COMMISSIONERS OF MON- County ordinance: ROE COUNTY, FLORIDA AMENDING newspaper published in Key West, in Monroe County, Florida: that the attached MONROE COUNTY CODE SECTION copyANof advertisment, beinga legal notice in the matter of ORDINANCE 7.15 was CO ORDINANCE SIOF THE BOARD MON-OF COMP) ANTO CLARIFY THAT IF A CODEA 9 COUNTY COMMISSIONERS OF COMPLIANCE OFFICER ALLEGES THAT published in said newspaper in the issues of: ROE COUNTY, FLORIDA AMENDING A VIOLATION IS IRREPARABLE OR IRRE- MONROE COUNTY CODE SECTION VERSIBLE IN NATURE THAT THE CASE 8-28(c) TO CLARIFY THAT IF A CODE MAY BE SCHEDULED FOR A HEAR- Wednesday, June 24, 2020 COMPLIANCE OFFICER ALLEGES THAT ING WITHOUT AN OPPORTUNITY FOR A VIOLATION IS IRREPARABLE OR IRRE- THE VIOLATOR TO CURE THE VIOLA- VERSIBLE IN NATURE THAT THE CASE TION AND THAT THE SPECIAL MAGIS- MAY BE SCHEDULED FOR A HEAR- TRATE MAY IMPOSE A FINE OF UP TO SPE- Affiant further says that the KeyWest Citizen is a newspaperpublished in KeyING WITHOUT AN OPPORTUNITY FOR S15,000 PER VIOLATION THAT THE Y THE VIOLATOR TO CURE THE VIOLA- CIAL MAGISTRATE FINDS TO BE IRREP- West, in said Monroe County, Florida and that the said newspapers has hereto- TION AND THAT THE SPECIAL MAGIS- ARABLE OR IRREVERSIBLE IN NATURE fore been continuously published in said Monroe County, Florida every day, and TRATE MAY IMPOSE A FINE OF UP TO WITHOUT A CHANCE AFFORDINGTO CURE THE VIOLATOR S15,has been entered as periodicals matter at thepost office in KeyWest, in said CIAL 0 PER RA E FINDN S REPSPE- OR IRREVERSIBLE VIOLATION(S); PRO- VIDING FOR SEVERABILITY,CIAL MAGISTRATE FINDS TO BE IRREP- Monroe County, Florida, for a period of 1 year next preceding the first publication ARABLE OR IRREVERSIBLE IN NATURE TION,AND AN EFFECTIVE DATE. ODIFICA- of the attached copyof advertisement: and affiant further says that he or she has WITHOUT AFFORDING SAID THE VIOLATOR E y A CHANCE TO CURE IRREPARABLE Pursuant to Section 286.0105, Florida neither paid nor promised any person,firm or corporation any discount, rebate. OR IRREVERSIBLE VIOLATION(S); PRO- Statutes,notice is given that if a person commission or refund for the purpose of securing this advertisement for publica- VIDING FOR SEVERABILITY, CODIFICA- decides to appeal any decision made by TION,AND AN EFFECTIVE DATE.tion in the said newspaper. the Board with respect to any matter considered at such hearings or meet- Pursuant to Section 286.0105, Florida ings,he will need a record of the pro- Statutes,notice is given that if a person ceedings, and that, for such purpose, decides to appeal any decision made by he may need to ensure that a verba- (Signature of Affiant) the Board with respect to any matter tim record of the proceedings is made, considered at such hearings or meet- which record includes the testimony ings,he will need a record of the pro- and evidence upon which the appeal is Affirmed pnd su scr1Ued before me this 26th day of June 2020 ceedings, and that, for such purpose, to be based. he may need to ensure that a verba- tim record of the proceedings is made, ADA ASSISTANCE:If you are a person which record includes the testimony with a disability who needs special and evidence upon which the appeal is accommodations in order to partici- (Nota Public Ignature) ``�s+uiiiirr, to be based. pate in this proceeding,please contact �s *•:f�', the County Administrator's Office, by f r • ?�p�; ADA ASSISTANCE:If you are a person phoning (305)292-4441, between the 'l ` - -G with a disability who needs special hours of 8:30 a.m. -5:00 p.m.,no lat- •11.= (Notary Pu is Printed ame) ( •si..q accommodations in order to partici- er than five(5)calendar days prior to !�, �. pate in this proceeding,please contact the scheduled meeting;if you are hear- the County Administrator's Office, by ing or voice impaired,call"711". Live My commission expires e f}� phoning(305)292-4441, between the Closed Captioning is available via our (� hours of 8:30 a.m. -5:00 p.m., no lat- web portal ® http://monroec4ultcfl. er than five(5)calendar days prior to igm2 cQm for meetings of the Mon- CD the scheduled meeting;if you are hear- roe County Board of County Commis- Personally Known X Produced Identification_ ing or voice impaired,call"711". Live sioners. C/) - - = Closed Captioning is available via our Dated at Key West, Florida, this 17th web portal ® httorumonroecountyfl 2 L O = day of June,2020. Type of Identification Produced D c iam2.com for meetings of the Mon- KEVIN MADOK, Clerk of o� Cr) roe County Board of County Commis- the Circuit Court and ex officio Clerk of a tv G7 >y stoners. the Board of County Commissioners of —t G7 Monroe County,Florida - = Dated at Key West, Florida, this 17th 06/24/20 Key West Citizen 0 8 N- day of June,2020. Q 1...) 8 CD KEVIN MADOK, Clerk of •� N ry -It the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida 06/24/20 Key West Citizen • AMENDED NOTICE OF INTENTION a)If phoning-in:dial'9 to"raise TO CONSIDER your hand"to be recognized by WEEKL ADOPTION OF COUNTY the Zoom webinar monitor. ORDINANCETO o)If watching the meeting live NOTICE IS HEREBY GIVEN th online:clickthe on/open theRECEIVED WHOM 7 MAY CONCERN that Zoom webinar link https:// on July 15,2020 at 1:30 P.M., www.monroecounty-fl.gov/ or as soon thereafter as may BoccMeetingJulyl5 that appears be heard,the Board of County in both the published Agenda and JUL 1 L - 8 2020 Published WeeklyCommissioners of Monroe County, Agenda Packet.When prompted, JV Florida,intends to consider the enter your email address and Marathon,Monroe County,Florida adoption of the following County name to join the webinar and i Y Y ordinance: then select theRaised Hand' MONROE COUNT''ATTORNEY AN ORDINANCE OF THE BOARD feature that appears at the bottom PROOF OF PUBLICATION OF COUNTY COMMISSIONERS of the webinar screen theto OF MONROE COUNTY,TOFL A recognizedby meeting AMENDING MONROE COUNTY monitor. CODE SECTION 8-28(c)TO CLARIFY The meeting monitor/host will STATE OF FLORIDA THAT IF A CODE COMPLIANCE request the item#you wish OFFICER ALLEGES THAT A to speak on and enable your COUNTY OF MONROE VIOLATION IS IRREPARABLE OR participation when the Mayor IRREVERSIBLE IN NATURE THAT calls for public speakers on your Before the undersigned authority THE CASE MAY BE SCHEDULED item.To report problems with the personally appeared JASON KOLER who FOOPIP A FORTHEVIOLTOR 872 883dcast,please call(305) on oath, says that he is PUBLISHER of TO CURE THE VIOLATION AND Apersonmaysubmitwritten Y THAT THE SPECIAL MAGISTRATE nr other physical evidence no . the WEEKLY NEWSPAPERS, a weekly MAY IMPOSE A FINE OF UP TO a particular agenda item for S15,000 PER VIOLATION THAT THE consideration at the BOCC newspaper published in Marathon, in SPECIAL MAGISTRATE FINDS TO meeting to Lindsey Ballard Monroe County, Florida: that the BE IRREPARABLE OR IRREVERSIBLE via email to:ballard-lindseya Y IN NATURE WITHOUT AFFORDING monroecounty-fl.gov or by mail to: attached copy of advertisement was THE VIOLATOR A CHANCE TO The County Administrator's Office, CURE SAID IRREPARABLE OR 1100 Simonton Street,Key West, published in said newspaper in the IRREVERSIBLEVIOLATION(S); FL33040.The documents must be PROVIDING FOR SEVERABILITY, received by 3:00 p.m.on Monday, issues of:(date(s)of publication) CODIFICATION,AND AN EFFECTIVE July 13,2020and must include DATE. the submitter's name,address, Tu /J �J O Pursuant to dExecutive u phone number and email address t f (/�( 20-69(extended byExecutive and the agenda item number the Orders No.20-112,20-139 and 20- documents are regarding. 150),Monroe County Emergency Pursuant to Section 286.0105, Directive 20-06,and the Center Florida Statutes,notice is given for Disease Control("CDC)social that if a'person decides to appeal say s hat thesaidWEEKLY distancing guidelines established any decision made by the Board to contain the spread of the with respect to any matter NEWSPAPERS is a newspaper published COVID-19 virus,this meeting will considered at such hearings or be conducted via Communication meetings,he will need a record at Marathon, in said Monroe County, Media Technology("CMT')using a of the proceedings,and that,for Zoom Webinar platform @ httpsJ/ such purpose,he may need to Florida,and that the said newspaper has www.monroecounty-fl.gov/ ensure that a verbatim record of heretofore been continuously published BoccMeetingJulyl5. the proceedings is made,which The public is strongly encouraged record includes the testimony and In said Monroe County, Florida, once to watch the meeting on Monroe evidence upon which the appeal County's MCTV Comcast Channel is to be based. each week (on Thursday) and has been 76orlistentoaudioonlyfrom ADA ASSISTANCE:If you are a their phone by dialing(646)518- person with a disability who qualified as a second class mail matter at 9805 or(669)900-6833 and,when needs special accommodations prompted,enter Webinar in order to participate in this the post office in Marathon, In Monroe IDa9667596001the8followedby proceeding,please contact the County, Florida, for a period of one year the#key. County Administrator's Office,by The public can watch the phoning(305)292-4441,between next preceding the first publication of meeting online by visiting the the hours of 8:30 a.m.-5:00 p.m., County's meeting portal @ http:// no later than five(S)calendar days the attached copy of advertisement.The monroecountyfl.igm2.com/ prior to the scheduled meeting; affiant further says that he has neither Citizens/Default.aspxand selecting if you are hearing or voice Y the'Watch Live•banner to view impaired,call"711'Live Closed paid nor promised any person, firm, or with live closed captioning on an Captioning is available via our web integrated page that includes the portal @ http://monroecountyfl. corporation any discount, rebate, agenda/agenda backup. iqm2,coni for meetings of the If a person wants to comment on Monroe County Board of County commission or refund for the purpose of a particular item on the public Commissioners. securingthis advertisement meeting host and/or the Mayor for portion of the agenda,when the Dath tedda at Kof Jey Westune2020.,Florida,this 24 , publication in the said newspaper(s)and calls for speakers on the item you KEVINMyADOK,Clerkof the Circuit wish to comment on: Court that The Weekly Newspapers is in full and ex officio Clerk of the Board of compliance with Chapter Commi ter 50 of the Cornmity ssioners of Monroe County, Florida State Statutes on Legal and Florida Publish: Official Advertisements. July 2,2020 The Weekly Newspapers S rn t an subs ribed before me t • �da of ,2020. TAate.A.-e,,-- - Aii/lit., (--14,t) -</'' Natal ",Iap PATRICIA ANNE CHILDRESS • :/ 4.;Notary Public-State of Florida t '�"="- Commission#GG 302466 r; 7ar`�pP; My Commission Expires I ',hi` March 11,2023 W_ jK L NOTICE OF INTENTION TO RECEIVED CONSIDER ADOPTION OF COUNTY ORDINANCEJUL — 1 2020 NOTICCEEIS HEREBY GIVEN TO Published WeeklyWHOM IT MAY CONCERN that on July 15,2020 at 1:30P.M.,or as Marathon,Monroe County,Florida soon thereafter as may be heard, MONROE COUNTY ATTTORNE', i in the Marathon Government Center,2798 Overseas Highway, PROOF OF PUBLICATION .1 Marathon,Monroe County, Florida,the Board of County Commissioners of Monroe County, Florida,intends to consider the STATE OF FLORIDA adoption of the following County COUNTY OF MONROE ANI ORDINANCE OF THE BOARD Before the undersigned authority OFMONROECOUNITMIOORIDA, OF C personally appeared JASON KOLER who AM ODE SECTION828(c)TTOC ARIFY on oath, says that he is PUBLISHER of THATIFACODECOMPLIANCE the WEEKLY NEWSPAPERS, a weekly VIOAf UN S IRREPARABLE OR newspaper published in Marathon, in THECASEIMAYBESCHREDEULEAD T Monroe County, Florida: that the FORAHEARINGWITHOUTAN OPPORTUNITY FOR THE VIOLATOR attached copy of advertisement was TO CURE THE VIOLATION AND published in said newspaper in the THAT THE SPECIAL MAGISTRATE MAY A FINE OF UP TO issues of:(date(s)of publication) $15,000PER IMPOSE VIOLATION THATTTHE SPECIAL MAGISTRATE FINDS TO TAn 5.-- . 2020 BE IRREPARABLE OR IRREVERSIBLE IN NATURE WIITHOUTAFFORDING r THE VIOLATOR A CHANCE TO CURE SAID IRREPARABLE OR IRREVERSIBLE VIOLATION(S); PROVIDING FOR SEVERABILITY, Affiant further says that the said WEEKLY CODIFICATION,AND AN EFFECTIVE DATE. NEWSPAPERS is a newspaper published Pursuant to Section286.0105, Florida Statutes,notice is given at Marathon, in said Monroe County, that if a person decides to appeal Florida,and that the said newspaper has any decision made by the Board with respect to any matter heretofore been continuously published considered at such hearings or meetings,he will need a record In said Monroe County, Florida, once of the proceedings,and that,for such purpose,he may need to each week (on Thursday) and has been ensure that a verbatim record of qualified as a second class mail matter at the proceedings is made,which record includes the testimony and the post office in Marathon, In Monroe evidence upon which the appeal is to County,, Florida,fora period of oneyear ADA AST. DA ASSISSTANCE:If you are a next preceding the first publication of person with a disability who needs special accommodations the attached copy of advertisement.The in order to participate in this affiant further says that he has neither County inministrae or'sOfcontac fee y County Administrator's Office,by paid nor promised any person, firm, or phoning(305)292-4441,between the hours of 8:30 a.m.-5:00 p.m., corporation any discount, rebate, no later than five(5)calendar days commission or refund for the purpose of if prior to are scheduled meeting; p p if you are hearing or voice securing this advertisement for impairedgisa call available via Captioning is available via our web publication in the said newspaper(s)and portal @ httpi/monroecountyfl. iqm2.com for meetings of the that The Weekly Newspapers is in full Monroe County Board of County complianceC with Chapter 50 of the Dommissioners. p Dated at Key West,Florida,this 17'" Florida State Statutes on Legal and day of June,2020. KEVIN MADOK,Clerk of the Circuit Official Advertisements. Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florda ...--- trZ....."'"---- l Publish: or to and subscribed before me June 25,2020 The Weekly Newspapers this ay of ,5x.e,sti_. 2020. $1.41,44.4.L._ a _ ::P°° '• CHARLOTTE HRUSKA • =_ MY COMMISSION#GG 221835 Notary , =.: . � EXPIRES:September 1,2022 ,•-QF ioit'' Bonded Thru Notary Public Undennllers Marathon•Sunshine Key•Big Pine Key•No Name KeyLittle, Middle&Big Torch KeyRamrod KeySummerland Key•Cudjoe KeySugarloat Key all fs.' 1" RIG. NV ; 0 ill f".7 i ; ii, In, g it ; 4. •• ;;,- 4 \ a 0 : got .... 4 r i.,. 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 RECEIVED AFFIDAVIT OF PUBLICATION 'JUL 1 3 2020 STATE OF FLORIDA MONROE COUNT"ATTOProFv COUNTY OF MONROE 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, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENT TO CONSIDER AMENDED ORD IRREPERABLE CODE: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON Si, SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: JULY 3, 2020 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in 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 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. Signature of Affiant Sw rn and subsc • ed before me this 8TH Day of JULY 2 20 'l.E-tom f 7lerjfele_ Signature of Notary Printed Name of Notary "l VANESSA HEDRICK5 MY COMMISSION#GG24158 Expires �,a_1 ° FXPIRFS'October 06.2020 2::; Personally Known <,._ Produced Identification Type of Identification Produced ___ News Barometer July 3,2020 LEGAL NOTICES AMENDED NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15,2020 at 1:30 P.M., or as soon thereafter as may be heard,the Board of County Commissioners of Monroe County,Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE SECTION 8-28(c) TO CLARIFY THAT IF A CODE COMPLIANCE OFFICER ALLEGES THAT A VIOLATION IS IRREPARABLE OR IRREVERSIBLE IN NATURE THAT THE CASE MAY BE SCHEDULED FOR A HEARING WITHOUT AN OPPORTUNITY FOR THE VIOLATOR TO CURE THE VIOLATION AND THAT THE SPECIAL MAGISTRATE MAY IMPOSE A FINE OF UP TO S15,000 PER VIOLATION THAT THE SPECIAL MAGISTRATE FINDS TO BE IRREPARABLE OR IRREVERSIBLE IN NATURE WITHOUT AFFORDING THE VIOLATOR A CHANCE TO CURE SAID IRREPARABLE OR IRREVERSIBLE VIOLATION(S); PROVIDING FOR SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. Pursuant to Executive Order No.20-69(extended by Executive Orders No.20-112.20-139 and 20-150), Monroe County Emergency Directive 20-06,and the Center for Disease Control("CDC)social distancing guidelines established to contain the spread of the COVID-19 virus,this meeting will be conducted via Communication Media Technology ("GMT') using a Zoom Webinar platform @ hops://w w w.monroecounty-fl.govi Bocc M eet i ngJ my l 5. The public is strongly encouraged to watch the meeting on Monroe County's MCTV Corneas( Channel 76 or listen to audio only from their phone by dialing(646)518-9805 or(669)900-6833 and,when prompted,enter the Webinar lD#966 7596 0018 followed by the#key. The public can watch the meeting online by visiting the County's meeting portal http://monroecountyfl.ium2.com/Citizens/Default.aspx and selecting the"Watch Live"banner to view with live closed captioning on an integrated page that includes the agenda`agenda backup. If a person wants to comment on a particular item on the public portion of the agenda,when the meeting host and/or the Mayor calls for speakers on the item you wish to comment on: a) If phoning-in: dial °9 to "raise your hand" to be recognized by the Zoom webinar monitor. b) If watching the meeting online: click on/open the live Zoom webinar link https://www.monroecounty-fl.gov/BoccMectingJuly15 that appears in both the published Agenda and Agenda Packet. When prompted,enter your email address and name to join the webinar and then select the"Raised Hand"feature that appears at the bottom of the Zoom webinar screen to be recognized by the meeting monitor. The meeting monitor/host will request the item#you wish to speak on and enable your participation when the Mayor calls for public speakers on your item.To report problems with the broadcast,please call(305)872-8831. A person may submit written or other physical evidence on a particular agenda item for consideration at the BOCC meeting to Lindsey Ballard via email to:ballard-lindsev(dmonroecounty-tl.gov or by mail to: The County Administrator's Office,1100 Simonton Street,Key West.FL 33040. The documents must be received by 3:00 p.m.on Monday,July 13,2020 and must include the submitter's name,address, phone number and email address and the agenda item number the documents are regarding. Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings.he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441, between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice impaired call"711". Live Closed Captioning is available via our web portal t http://monraecountylLiam2.cnm for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 24th day of June.2020. KEVIN MADOK.Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida .. Marathon•Sunshine Key•Big Pine KeyNo Name KeyLittle, Middle&Big Torch Key•Ramrod Key•Summerland Key•Cudjoe KeySugarloaf Key rIII% .. "La i BIG *AM - 1 Vall" i._.41t 7' P." i Oh • '''' ' • l'APN'INEMan. ''MA' — II. 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 RECEIVED AFFIDAVIT OF PUBLICATION JUL 1 3 2020 STATE OF FLORIDA E^ONROF COUNTY ATTOFNH' COUNTY OF MONROE 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, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENT TO CONSIDER ORD CODE FOR IRREPARABLE: COUNTY ADMINIS- TRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: JUNE 26, 2020 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in 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 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. `Signature of Affiant Sw n and subsc ' ed before-me this 8TH Day of JULY 2 20 4,/---gc,-. ihk/ce-ie Si nature of Notary �,�YP,- \,'ANESSA HEDRICK Printed Name of Notary MV COMMISSION N G024158 % EXPIRES October 06,2020 �OFM1� Expires Personally Known X _ Produced Identification Type of Identification Produced I LEGAL NOTICES ..— • NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 15,2020 at 1:30 P.M., or as soon thereafter as may be heard, in the Marathon Government Center, 2798 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: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE SECTION 8-28(c) TO CLARIFY THAT IF A CODE COMPLIANCE OFFICER ALLEGES THAT A VIOLATION IS IRREPARABLE OR IRREVERSIBLE IN NATURE THAT THE CASE MAY BE SCHEDULED FOR A HEARING WITHOUT AN OPPORTUNITY FOR THE VIOLATOR TO CURE THE VIOLATION AND THAT THE SPECIAL MAGISTRATE MAY IMPOSE A FINE OF UP TO$15,000 PER VIOLATION THAT THE SPECIAL MAGISTRATE FINDS TO BE IRREPARABLE OR IRREVERSIBLE IN NATURE WITHOUT AFFORDING THE VIOLATOR A CHANCE TO CURE SAID IRREPARABLE OR IRREVERSIBLE VIOLATION(S); PROVIDING FOR SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings,he will need a record of the proceedings,and that,for such purpose,he may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office,by phoning(305) 292-4441, between the hours of 8:30 a.m.-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting; if you are hearing or voice impaired,call"711". Live Closed Captioning is available via our web portal C' http://monroecountyflignr2.conr for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 17'1'day of June,2020. KEVIN MADOK,Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Wanna Sell Your Home? Wanna Buy A Home? Put Our Photo Classifieds To Work For You 305-872-0106 ° • Kevin Madok, CPA iA Clerk of the Circuit Court&Comptroller—Monroe County, Florida July 23, 2020 Department of State Administrative Code& Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 020-2020 amending Monroe County Code Section 8-28(c) to clarify that if a Code Compliance Officer alleges that a violation is irreparable or irreversible in nature that the case may be scheduled for a hearing without an opportunity for the violator to cure the violation and that the Special Magistrate may impose a fine of up to $15,000.00 per violation that the Special Magistrate finds to be irreparable or irreversible in nature without affording the violator a chain to cure said irreparable or irreversible violation(s); providing for severability, codification, and an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in forma session, on July 15, 2020. Should you have any questions please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller& ex-olhcio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.(. CC: Municipal Code County Attorney Code Enforcement BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 t � FLORIDA DEPARTMENT 0 STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State July 23, 2020 Honorable Kevin Madok Clerk of the Circuit Court 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. 020-2020, which was bled in this office on July 23, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Pamela G. Hancock From: ords@municode.com Sent: Monday, August 3, 2020 5:10 PM To: Peters-Katherine@monroecounty-fl.gov; Pamela G. Hancock Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 21 Update 3 ****THIS IS AN AUTOMATICALLY GENERATED EMAIL**** Below, you will find the material that we have received/recorded to your account.This material is being considered for inclusion in your next/current update, Supplement 21 Update 3 Document Adopted Date Recorded Recorded Format Ordinance No. 019-2020 7/15/2020 7/27/2020 PDF Ordinance No. 020-2020 7/15/2020 7/27/2020 PDF Ordinance No. 022-2020 7/15/2020 7/20/2020 PDF Ordinance No. 023-2020 7/15/2020 7/20/2020 PDF Ordinance No. 024-2020 7/21/2020 7/23/2020 PDF Ordinance No. 025-2020 7/27/2020 8/3/2020 PDF X Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly. 1