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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 # ( /.. atP 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 ~/)ULJ - /do7a &y. . ~ 1~ !iuJo In the ~ .?,2DOI 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 :r::11a f'''- ",., ,.. G') '. ' ~ ?:; -..2' OG+ 4] ,.,. CJ("'";': W !:;; ::0 ;:, ...~ ~ .{- f(::: ::? 1,..i' ~ :<;-l::r.: N '""i ;X,. .. r- Co> &'" co f.1 (....) (','~'J .:':,';,:~) Sworn and subscribed before me this !J Expires: July 23. 2004 Personally Known x Produced Identification Type of Identification Produced ",'1\1111111/1/11. ~\\\\Cl~ "'ihomas III~ ~"........... ~ ~ ".'~\\~\S~ION [:-1',0... ~ ~ ,/' (jO -'<I 2~, 20a ~ -. ~ .::- fI;~T')~J 57 ~. -:::. ~ i ~"ljotary SeID : * = = * : .. t. 4" : ~ ~~.. #CC956515 ':0~ '- o. . g:.".:'.::' ~....;:A ... Ii 8on~eot\~&\cr.... a..~ 'z ~1'i_ ...IOYFam-\ns\ll~.. <.<<",,; ",......,/ p~ ........\:.0' ,X'. ""111 'BUG SIr>-\ ,\"", INlll/lIlIII\\" FLORIPA KE:TS KEYNOTER Published Twice Weekly ~'~athon:-tvro~riroeCounty ,-FToricIa----.--~-~'---~----~---~-.-~~"'...-~.-.~-~.~"~~~,~-~-->---- -...----- 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 -.,:_ -.cO- ....'...... .... (;' ..- C) (') : C:~__ ;;;: -... ~"', ~;"f2 :<:-f:::r: "'l"J ;:.... r- C'j 1> rn c~' ~ c::: -.") W ." :x: t\) .. ".'.::.:) ::.:) .e:- -