Item P1
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Thursday, March 22,
2001, at 10:30 AM at 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 AMENDING SECTION 8-30(B), 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 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
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided
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.
Copies of the above-referenced ordinance are available for review at the various public
libraries in Monroe County, Florida.
Dated at Key West, Florida, this 28th day of February, 2001
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter 3/1 - 8
Citizen 3/2 - 9
Keynoter 3/3 - 10
'~PI
Growth Management
ORDINANCE NO.
-2001
AN ORDINANCE AMENDING SECTION 8-30(B), 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 SEVERABILITY; 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; 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 strike through):
(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 ~s follov.'s: .except that for subdivisions located within public
acquisition areas. Dublicly-owned vacant lots acauired for conservation and
resource protection Durposes and private vacant lots subject to a County approved
manaaement plan shall only be required to be cleared of debris. The schedule for
mowina and/or c1earina 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the day of , 2001.
Mayor George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jdordmowlots