Item B03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 22,2001
Bulk Item: Yes X No
Division: Growth Management
Department: N/ A
AGENDA ITEM WORDING: Approval to advertise an ordinance amending Section 8-30(b), Monroe County
Code, that exempts vacant publicly-owned lots acquired for conservation and resource protection and vacant
privately-owned lots subject to a County approved management plan from the quarterly mowing requirements for
residential subdivisions.
ITEM BACKGROUND: At its regularly scheduled meeting held on January 18, 2001, the Board of County
Commissioners heard comments from the public and residents of the Port Pine Heights Subdivision on Big Pine Key
and staff on problems and concerns with the mowing requirements of Section 8-30(b) for vacant and developed lots
within platted residential subdivisions. After deliberating on the concerns raised, the Board of County
Commissioners requested the Growth Management Division staff to prepare a draft ordinance amending Section 8-
30(b), Monroe County Code. In preparing the amendment, the Board directed staff to eliminate the mandatory
quarterly mowing requirements for publicly owned vacant lands acquired for conservation and resource protection
and private vacant lands within public acquisition areas, such as CARL.
PREVIOUS RELEVANT BOARD ACTION: Adoption of "Comprehensive Solid Waste Ordinance of the
Municipal Service District," (Ordinance 19-1980) on October 6, 1980; directed Growth Management Division to
prepare amendment to Section 8-30(b) ofthe ordinance on January 19, 2001.
STAFF RECOMMENDATION: Approval to advertise for 10:30 a.m. Public Hearing on March 22, 2001,
Marathon Emergency Operations Center.
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
APPROVED BY: County Attorney X
DIVISION DIRECTOR APPROVAL:
Timothy 1. McGa
Risk Management
N/A
tor of Growth Management
DOCUMENTATION: Included
X
Not required
Agenda Item #:
~,6~
DISPOSITION:
ORDINANCE NO.
-2001
AN ORDINANCE AMENDING SECTION 8-30(8), MONROE
COUNTY CODE; REQUIRING PLATTED LOTS WITHIN
RESIDENTIAL SUBDIVISIONS TO BE MOWED EVERY THREE
MONTHS EXCEPT FOR LOTS ACQUIRED BY PUBLIC
AGENCIES FOR RESOURCE AND CONSERVATION
PURPOSES AND LOTS WITHIN A SUBDIVISION WITH A LAND
MANAGEMENT PLAN APPROVED BY THE COUNTY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 8-30 (a), Monroe County Code ("MCC") requires that
all residential lots subdivision lots, vacant or developed, be mowed and cleared
of debris no less than every three months; and,
WHEREAS, the Monroe County Planning Director has opined that this
mandatory requirement for mowing of vacant lots under public ownership may
conflict with the conservation and resource protection purposes for which these
lots were acquired or dedicated; and,
WHEREAS, concern has been raised about the need to balance the
desire of residents for safe and well-maintained neighborhoods with the public
resource conservation and protection purposes for these public acquisition areas;
and,
WHEREAS, the U.S. Fish and Wildlife Service and Florida Department of
Environmental Protection have expressed an interest in entering into agreements
with homeowner's associations to allow these associations to maintain vacant
federally and/or state owned-lots within their subdivisions, which have been
acquired for conservation and resource protection; and,
WHEREAS, the Board of Commissioners took public testimony on
January 18, 2001, from both County staff and general public on the policy issues
related to enforcement of Section 8-30 (a), MCC; and,
WHEREAS, after discussing the policy concerns involved, the Board of
County Commissioners directed the County Growth Management Division to
prepare an amendment to Section 8-30 (a), MCC, to eliminate the requirement
for mandatory mowing of vacant lots under public ownership within public
acquisition areas and for privately-owned lots that are subject to a land
management agreement approved by the Board of County Commissioners; and,
WHEREAS, the Growth Management Division has prepared an
amendment to Section 8-30 (a), MCC, in response to the policy direction of the
Board of County Commissioners.
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NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. Existing Section 8-30 (a), MCC, is hereby amended to read
as follows (new language is underlined and deleted language is shown as ~
tRr:liIHdSR):
.. (b) For the purposes of health, safety, and general welfare of the
residents of platted residential subdivisions in the county, all residential
subdivision lots, vacant or occupied, shall be mowed and/or cleared of
debris no less than once each three (3) months ~i fgllg'.\'i: , except that
for subdivisions located within public acquisition areas, publicly-owned
vacant lots acquired for conservation and resource protection purposes
and private vacant lots subject to a County approved management plan
shall only be required to be cleared of debris. The schedule for mowing
and/or clearing of debris shall be as follows: Once during the period from
January first through March thirty-first; once during the period April first
through June thirtieth; once during the period from July first through
September thirtieth; and once during the period from October first through
December thirty-first."
Section 2. If any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition, or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
Section 5. This ordinance shall take effect immediately upon receipt of
the official notice from the Office of the Secretary of State of the State of Florida
that this ordinance has been filed with said Office.
Section 6. The Clerk of the Board is hereby directed to forward a copy
of this Ordinance to the Municipal Code Corporation for incorporation into the
Monroe County Code of Ordinances.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALL BLANK.]
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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 22nd day of
March, AD, 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(SEAL)
Attest: DANNY KOLHAGE, Clerk
Deputy Clerk
By:
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