Item O08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 15, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval to advertise an ordinance amending Chapter 15.5, MCC in order to
provide for creation of decentralized wastewater management and replacement
of on-site sewage treatment and disposal systems in cold spots.
ITEM BACKGROUND:
Requested by FKAA.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~r
~M ~RICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
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WHEREAS, said grant funding would be used to maximum efficiency by
replacing individual onsite sewage systems with wastewater treatment and disposal
systems meeting applicable standards of the Department of Health or the Department
of Environmental Protection; and
WHEREAS, staff has prepared revisions to Chapter 15.5, MCC to
implement de-centralized wastewater management;
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
ARTICLE III. DECENTRALIZED WASTEWATER MANAGEMENT
Sec. 15-__. Purpose and intent.
This article establishes that, when notified, property owners served by OSTDS in
"cold spots" shall meet the applicable treatment requirements of the Department of
Health or the Department of Environmental Protection and shall be part of Monroe
County's U.S. EPA National Onsite Demonstration Project de-centralized wastewater
management utility system. It is also intended that the Florida Keys Aqueduct Authority
be Monroe County's de-centralized wastewater management utility for service areas
under the National Onsite Demonstration Project.
Sec. 15.5-_ _. Applicability.
This article shall apply to property owners of residential and commercial
structures that are located within specific geographic boundaries approved by the Board
of County Commissioners ("Commission") as not being planned for hookup to a central
wastewater collection, treatment, and disposal system. These Commission approved
Page 2 of 5
participate in the Decentralized Wastewater Utility and will be
provided with an application for inclusion. Applications must be
returned to the FKAA within 60 days.
.Sec. 15.5-_ _. Enforcement and Penalties.
(a) Prohibitions.
(1) Property owners. Property owners of residential and commercial
structures located in "cold spots" and identified for participation in a
U.S. EPA National Onsite Demonstration Project service area are in
violation of this section if they fail to make application with the Florida
Keys Aqueduct Authority as described in Section 15.5_ _ (b), MCC
and/or fail to abandon their OSTDS according to the standards of the
Department of Health.
(b) Penalties.
(1) Violations of this section may be under F.S. Chapter 162, and Chapter
6.3 Monroe County Code, or pursuant to Chapter 76-435, Laws of
Florida. The violations may also be prosecuted in the same manner as
misdemeanors are prosecuted, in which case the violations shall be
prosecuted in the name of the state in a court having jurisdiction of
misdemeanors by the prosecuting attorney thereof and upon
conviction shall be punished by a fine not to exceed five hundred
dollars ($500) or by imprisonment not to exceed sixty (60) days or by
Page 4 of 5
3420 Northside Drive
KE~EST
ITIZEN
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director ofthe Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
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In the
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and thai the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail platter at the post office in Key West, 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 he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said newspaper.
~~.......
SIgnature of Affiant
Court, was published in said newspaper in the issues of
day of Onr
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Sworn and subscribed before me this !J
Expires: July 23. 2004
Personally Known x Produced Identification
Type of Identification Produced
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FLORIPA KE:TS
KEYNOTER
Published Twice Weekly
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PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority person-
ally appeared WAYNE MARKHAM who on
oath, says that he is PUBLISHER of the
FLORIDA KEYS KEYNOTER, a twice
weekly newspaper published in Marathon,
in Monroe County, Florida: that the
attached copy of advertisement was
published in said newspaper in the issues
of: (date(s) of publication)
:<tn I
ffiant further says hat the said FLORIDA
KEYS KEYNOTER is a newspaper published
at Marathon, in said Monroe County,
Florida, and that the said newspaper has
heretofore been continuously published in
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement, The affiant further says
that he has neither paid nor promised any
person, firm, or corporation any discount,
rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper(s) and
that The Florida Kevs Keynoter is in full
comoliance with Chapter 50 of the Florida
State Statutes on Legal and Official
Advertisements.
Swo
this
(SEAL)
J:~(~tUy.
Notary
no. 9481600
NOTICE OF I NTENTlON TO
CONSjDER ADOPTION OF
COlJ,NTV ORDINANCE
NOTICE IS -HEREBY GIVEN TO
WHOM IT MAY CONCERN that
on Wednesday., Ailgust . 15,
2001, at 3:00 PM at the. Key
Largo library, TradeWinds
Shopping . Centar, Key. Larga,
Monroe County, FlorIda, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the ad0p-
tion of the following County or-
dinance:
AN ORDINANCE - OF THE
BOARD OF COUNTY COMMIS-
SIQNERS OF MONROE COUN-
TY, FLORJOA. AMENDING
SECTION 13.5-S; OE
- COUNTYCOOE, Pa
F~UMITATIONS ON SIZE OF
BOAts-ADMITTED TO HARRY
HARRJ5 PARK; LIMITING
TRAIl,.ERPAflKIHG IN HARRY
HARFUSPAFll<ANO RAIS
THE BOAT RAMP FEE AT HA -
RY.HARRIS PAFlK;PRoVIDIN
.FOR. SEVERABILITY; . PROVI -
lNG FOR THE REPEAl OF L
ORDINANCES INCONSISTT
HE~H;. PROVlOING OR
INCORPORATION' INTO THE
MONROE COUNTY C E OF
ORDINANCES; AND OVID.
ING AN EFFECTIVE DATE
Pursuant to Secti.;," 288.0101),
Florida Statutes, notice is given
that if a person decido!d to .ap--
peal any decision made tJy th
Boai'd with respect to any mat-
t,!r considarad at such haarings
or meetlnos. he w1/1need a ra-
cord of tlie procet!dlngs. and
thet. for. such purpo$e,. he may
need to enSUre that . verbatim
rllC(ll'd of tha proceedings is
made. which record includes
the lastimony and evidence
upon which the appeal is to be
based. .
Copi.es of the above-referenced
ordilience are available for r
view at.the various public librar-
ies in Monroe County, Floride. ~
Dated at Key West, Floride, this
24~-dayofJUlY. 2001
DANNY L KOUfAGE
CI.....pf the Circuit Coutt.and ex
Officio Clerk of the Board 0
County CommissiQners 0
1III0nroe Coun:ty ,Florida
~f.'JUlY28,' ~ugust 4.
floricli! Keys KeYnoter
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