Item P06 � P.6
� � �, 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
July 15, 2020
Agenda Item Number: P.6
Agenda Item Summary #7038
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: 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:
6/17/20 (Q1) BOCC scheduled a public hearing for July 15, 2020 in Marathon, FL at 1:30 P.M. or
as soon thereafter as may be heard.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
8-28c Amendment Ordinance bob edits2 -STW (Final 6/920)
AMENDED (CMT)Notice of Intention to Consider Adoption of County Ordinance re: irreparable
or irreversible code violations (7/1/20)
FINANCIAL IMPACT:
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P.6
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
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:
Steve Williams Completed 06/18/2020 10:05 AM
Bob Shillinger Completed 06/22/2020 11:22 AM
Purchasing Completed 06/22/2020 1:08 PM
Budget and Finance Completed 06/22/2020 4:42 PM
Maria Slavik Completed 06/22/2020 4:43 PM
Kathy Peters Completed 06/24/2020 11:30 AM
Board of County Commissioners Pending 07/15/2020 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 IRREVERSIBLE IN
16 NATURE THAT THE CASE MAY BE SCHEDULED FOR A co
17 HEARING WITHOUT AN OPPORTUNITY FOR THE VIOLATOR
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
21 IRREPARABLE OR IRREVERSIBLE IN NATURE WITHOUT
22 AFFORDING THE VIOLATOR A CHANCE TO CURE SAID 0
23 IRREPARABLE OR IRREVERSIBLE VIOLATION(S);
24 PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
25 EFFECTIVE DATE.
26
27
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 W
30 Section 8-28(b)'s provision of"a reasonable time to correct" a Monroe County Code "violation"; °
31 and
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32
33 WHEREAS, Monroe County desires to eliminate any and all such construction placed
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
36 understand, interpret, and apply the provisions of Section 8-28(c) in code compliance cases; and
37
38 WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that
39 a violator is not entitled to an opportunity to cure a violation that is alleged to be irreparable or
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
42
43 WHEREAS, Monroe County Code Section 8-28(c), as amended, shall make it clear that U
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44 the Special Magistrate has the authority to impose a fine of up to $15,000 per violation that the
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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; W
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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
6 adopted and constitute findings of fact and conclusions of law.
7
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
12 administrative proceedings, in bankruptcy proceedings, at trial, and on appeal.
13
14 Section 3: Monroe County Code of Ordinances Section 8-28(c) shall be amended to (3'
15 read as follows: (added language is underlined; deleted language is str4eken through.)
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17 Sec. 8-28. Enforcement procedure. U)
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 E
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 y
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
36 ordinances, shall continue unimpaired in full force and effect.
37
38 Section 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
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 U
44 renumbered to conform to the uniform numbering system of the Code. co
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,
6 Florida, at a regular meeting held on the of , 2020.
7
8
9 Mayor Heather Carruthers
10 Mayor pro tem Michelle Coldiron
11 Commissioner Craig Cates
12 Commissioner Sylvia Murphy
13 Commissioner David Rice
14
8
15
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16 BOARD OF COUNTY COMMISSIONERS
17 OF MONROE COUNTY, FLORIDA )
18
19 BY:
20 Mayor Heather Carruthers E
21 (SEAL)
22 ATTEST: KEVIN MADOK, CLERK
23
24 By:
25 As Deputy Clerk C14
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AMENDED NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE y
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, .2
intends to consider the adoption of the following County ordinance:
0
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 2
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 0
CURE SAID IRREPARABLE OR IRREVERSIBLE
VIOLATION(S); PROVIDING FOR SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
c
Pursuant to Executive Order No. 20-69 (extended by Executive Orders No. 20-112, 20-139 and 20-150), e
Monroe County Emergency Directive 20-06, and the Center for Disease Control("CDC)social distancing 0
guidelines established to contain the spread of the COVID-19 virus, this meeting will be conducted via eat
Communication Media Technology ("CMT") using a Zoom Webinar platform @
hqps://www.monroecounly-fl.Gov/BoccMeetin!,2�Julvl5.
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The public is strongly encouraged to watch the meeting on Monroe County's MCTV Comcast 0
Channel 76 or listen to audio only from their phone by dialing (646) 518-9805 or (669) 900- 6833 0
and,when prompted, enter the Webinar ID# 995 6575 7011 followed by the# key.
The public can watch the meeting online by visiting the County's meeting portal @
hqp://monroecounlyfl.igm2.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.
0
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: LU
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a) If phoning-in: dial *9 to "raise your hand" to be recognized by the Zoom webinar
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monitor. w
b) If watching the meeting online: click on/open the live Zoom webinar link
https://www.monroecounty-fl.!2�ov/BoccMeetin!2�Julyl5 that appears in both the 0)
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.
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P.6.b
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 0
the BOCC meeting to Lindsey Ballard via email to: ballard-lindseyLmonroecounty-fl.!,2�ov or by mail to:
The County Administrator's Office, 1100 Simonton Street, Key West,FL 33040. The documents must 0
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 0
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. 2
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 -a
@ hge.11monroecountyfl.igm2.com for meetings of the Monroe County Board of County
Commissioners.
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Dated at Key West, Florida, this 241h day of June, 2020.
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KEVIN MADOK, Clerk of the Circuit Court c
0.
(SEAL) and ex officio Clerk of the Board of County 0
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 7/l/20—Account# 143331 (BOCC) U
Keys Weekly(Th) 7/2/20 -Account#2074 (BOCC) c
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News Barometer (Fr) 7/3/20 -Account#NB007 (BOCC) o
0
0
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P.6.b
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE y
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 .2
Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the following County ordinance: 0
m
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 2
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 0
WITHOUT AFFORDING THE VIOLATOR A CHANCE TO
CURE SAID IRREPARABLE OR IRREVERSIBLE
VIOLATION(S); PROVIDING FOR SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
c
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any 0
decision made by the Board with respect to any matter considered at such hearings or meetings, he will eat
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. c
0
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
@ htq!.11monroecountyfl.igm2.com for meetings of the Monroe County Board of County
Commissioners.
0
Dated at Key West, Florida, this 17th 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
Publication dates:
KW Citizen (Wed) 6/24/20—Account# 143331 (BOCC)
Keys Weekly(Th) 6/25/20 -Account#2074 (BOCC)
News Barometer (Fr) 6/26/20 -Account#NB007 (BOCC) .2
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