Item K07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME CERTAIN
Meeting Date: October 17 - 18, 2001
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Approval to advertise an amendment to section 6-32 of the Monroe County Code: clarifying the
relationship of the four (4) year statute of limitations to the activity which can be prosecuted through
code enforcement.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
Ordinance 029-2001 was passed by the BOCC on the 19th of July, 2001, establishing section 6-32 of
the Monroe County Code.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purcnasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
j,l~ III ~a,v
I {Commissioner DIxie M. Spehar)
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM #~/
DISPOSITION:
Revised 2/27/01
OCT-04-01 13,47 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 1/2
Commissioner Dixie Spehar
ORDINANC' NO - 2001
AN ORDINANCI OF THE BOARD 0' COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-32, MONROe
COUNTY CODI!, CLARIFYING THE APPUCATlON OF THE POUR YEAR
STATUTE OF LIMITATIONS; PROVIDING FOR SEVERAIIUTY;
PROVIDING FOR THE REPEAL Of ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE
COUNTY CODE OF ORDINANces; AND PROVIDING AN IffEcnVE
DATI
WHEREAS, the Board of County COmmlSsjoners of Monroe County did, on July
19, 2001, pass Ordinance No. 029-2001, thereby estabnshlng Sec. 6-32, of the Monroe
County code; and
WHEREAS, said ordinance omitted specificity with respect to the four year statute
of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 9S.11(3)(a)
when It should be Section 9S.11(3)(c); and '-,
WHEREAS, the BOCC dedined to seek further judicial review of the opinion of the
16th Judicial Circuit of Florida as it relates to code enforcement prosecution beyond the
four (4) year statute of limitation; and
WHEREAS, the BOCC of Monroe County has determined that it is necessary to
revise Ordinance No. 029-2001 for purposes of clarifying the relationship of the four year
statute of limitations to the activity which can be prosecuted through code enforcement.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, PLORlDA:
section 1. Sec. 6-32, Mee, is hereby amended to read:
Sec. 6-32. Unlawful uses and improvements.
Except for building permits that are limited exclusively to addressing
Imminent risks to property and public health and safety, no building permit
shall be Issued for any use of improvement involving all or any portion of a
parcel (as defined in section 9.5-4 (P-l), Monroe County Code) which
contains an unlawful use or improvement uodertaken within the four (4)
year statute of limitations (Section 95.11(3)(C;), florfdil Statute!i) until the
parcel is brought Into compliance with the provisions of Chapter 9.5,
Monroe County COde. By way of illustration and not nmitation, permits may
be Issued for repairs and replacement of roof and other building structural
OCT-04-01 13,48 FROM,MONROE COUNTY ATTY OFFICE ID,3052823516
PAGE
2/2
components to the extent necessary to address imminent risks to property
damage and public safety and health, such as for, but not limited to, the
repair of leaking roofs and damaged roofs, walls, foundation; and violations
of building, electrical, mechanical, and electrical codes. .AnV such permit
shall contlin a proYision reguirin9 complian~ with the oroyisions of ChiJQter
9.5 of the Monroe County Code by a date specified in said ~ermit.
~ctlon 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 .
Sedlon 3. All ordinances or parts of ordinances in conflict with thIs ordinance
are hereby repealed to the extent of said conflict.
.ct'on 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 S. This ordinance shall take effect immediately upon receipt of offldal
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has oeen filed with said Office.
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 WiUiams
(SEAL)
Attest: DANNY L.KOlHAGE, Clerk
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FL.ORIDA
By
BV
Mayor/Chairperson
Deputy Clerk
Jdord4yrlimit
OCT-12-01 16,49 FROM,MONROE COUNTY ATTY OFFICE ID,3052923516
PAGE 2/3
Commissioner Dixie Spehar
QROINANCE NO
- 20~1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, ,rLORIDA, AMENDING SECTION 6-32, MONROE
COUNTY CODE, CLA"~IFYING THE APPLICATION OF THE FOUR YEAR
STATUTE OF LIMITATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THI: REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF CtRDINANCES; AND PROVIDING AN EFfECTIVE
DATE
WHEREAS, the Board of County Commissioners of Monroe County did, on July 19,.
2001, pass Ordinance No. 029-2001, thereby establishing Sec. 6~32, of the Monroe
County Code; and
WHEREAS, said ordi nance omitted operative language with respect to the
applicability of the four year ~;tatute of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 9S.11(3)(a)
when it should have been Se,~tion 9S.11(3)(c) or (p); and
WHEREAS,. the BOCC declined to seek further judicial review of the opinion of the
16th Judicial Circuit of Floridil as it relates to code enforcement prosecution beyond the
four (4) year statute of Iimitc:tion; and
WHEREAS, the BOCC of Monroe County has determined that it is necessary to /"
revise Ordinance No. 029-2001 to extend the four year statute of limitations to building
permit Issuance as well as code enforcement proceedings.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIt.A:
S~ction 1. Sec. 6-32, MCC, is hereby amended to read:
Sec. 6-32. Unlawful u:;es and improvements.
Except for building permits that are limited exclusively to addressing
imminent risks to pro~.erty and public health and safety, no building permit
shall be issued for an~ use of improvement involving all or any portion of a
parcel (as defined in section 9.5-4 (P~1), Monroe County Code) which
contains an unlawful use or improvement undertaken within the four (4)
year statute of limitations (Section 95.11(3)(<:). FIQrida St,gtutf;}s) until the
parcel is brought into compliance with the prOVisions of Chapter 9.5,
Monroe County Code. By way of illustration and not limitation, permits may
be issued for repairs and replacement of roof and other building structural
;<. .7
OCT-12-01 16,48 FROM,MONROE COUNTY ATTY OFFICE ID,3052823516
PAGE
3/3
components to the extent necessary to address imminent risks to property
damage and public sa1;ety and health, such as for, but not limited to, the
repair of leaking roofs and damaged roofs, walts, foundation; and violations
of building, electrical, mechanical, and electrical codes. Any such permit
shall contain a provision regulrlng compliance with the provisions of Chapter
9.5 of the Mooroe C9UI}!y <;Q(Je by a date specified in s9id permit.
Section a. If any SE:ction, subsection, sentence, clause or provision of this
ordinance is held invalid, thE remainder of this ordinance shall not be affected by such
invalidity ,
~iqn 3. All ordina nces or parts of ordinances in conflict with this ordinance
are hereby repealed to the e>.tent of said conflict.
$~ion 4. The provi1iions of this ordinance shall be Included and incorporated in
the Code of Ordinances of the County of Monroe, Aoridal as an addition or amendment
theretol and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
5ectiQO ~ This ordir ance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Officn.
PASSED AND ADOPTED by the Board of County CommiSSioners of Monroe
County, Florida, at a regu ar meeting of said Board held on the day of
, 2001.
Mayor George Neugent
Commissioner Charles MI:Coy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Willlclms
(SEAL)
Attest: DANNY L.KOLHAGE1 Clerk
BOARD Of COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Jd0rd4yr1imit
Approved aiP-to fo 0 1y:
~I
~e A. 1l1;~
Date:--!"~ (J{
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME CERTAIN
Meeting Date: October 17 - 18,2001
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Approval to advertise an amendment to section 6-32 of the Monroe County Code: clarifying the
relationship of the four (4) year statute of limitations to the activity which can be prosecuted through
code enforcement.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
Ordinance 029-2001 was passed by the BOCC on the 19th of July, 2001, establishing section 6-32 of
the Monroe County Code.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purcnasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
.d~ III ~a.u
I (Commissioner DIxie M. Spehar)
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDAITEM#~/
DISPOSITION:
Revised 2/27/01
OCT-04-01 13,47 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
1/2
Commissioner Dixie Spehar
ORDIN6~~1 NO - 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-32, MONROE
COUNTY CODE, CLARIFYING THE APPUCAUON OF THE FOUR YEAR
STATUTE OF LIMITATIONS; PROVIDING FOR S!VlRA8JUTY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE
COUNTY CODE OF ORDINANCeS; AND PROVIDING AN EFFEcnVE
DATE
WHEREAS, the Board of County Commissioners of Monroe County did, on July
19, 2001, pass Ordinance No. 029-2001, thereby establishing Sec. 6-32, of the Monroe
County Code; and
WHEREAS, said ordinance omitted specifICity with respect to the four year statute
of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 95.11(3)(a)
when it should be Section 95.11(3)(c); and
'---
WHEREAS, the BOCC declined to seek further judicial review of the opinion of the
16tl\ Judicial Circuit of Florida as it relates to code enforcement prosecution beyond the
four (4) year statute of limitation; and
WHEREAS, the BOCC of Monroe County has determined that it is necessary to
revise Ordinance No. 029-2001 for purposes of clarifying the relationship of the four year
statute of limitations to the activity which can be prosecuted through code enforcement.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA;
Sec:tlon 1. Sec. 6-32, Mec, is hereby amended to read:
Sec. 6.32. Unlawful uses and improvements.
Except for building permits that are limited exclusively to addressing
Imminent risks to property and public health and safety, no building permit
shall be Issued for any use of improvement involving all or any portion of a
parcel (as defined in section 9.5-4 (P-l), Monroe County Code) which
contains an unlawful use or improvement unc;lertaken within the four (4)
year statute of limitations (Section 9S.11(3)(c;), Aw:ida Statutes) until the
parcel is brought Into compliance with the provisions of Chapter 9.5,
Monroe County Code. By way of illustration and not limitation, permits may
be Issued for repairs and replacement of roof and other building structural
OCT-04-01 13,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE
2/2
components to the extent necessary to address imminent risks to property
damage and public safety and health, such as for, but not limited to, the
repair of leaking roofs and damaged roofs, walls, foundation; and violations
of building, electrical, mechanical, and electrical codes. AnV such permit
shall COl1tiin a provisiOn reguirinq complian<;f: with the orovisions of ChaQter
9.5 of the Monroe County Code by a date spe,ified in said Dermit.
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 .
~'on 3. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
_ctlo" 4. The provisions of this ordinance shall be induded 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 offidal
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Floridat 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
(SCAL)
Attest: DANNY LKOlHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Jdord4yrlimit
OCT-12-01 16,48 FROM,MONROE COUNTY ATTY OFFICE
ID'3052823516
1/3
O~~.!'~~E
(:JO:I) _....1
Office of the Coun'ty Attorney
PO Box 1026
Key West, Fl. 33041-1026
305/292-3470 ~ Phone
305/292-3516 - fax
.
MEMORANDUM
VIA FAX
DATE:
October 12, 2001
TO:
Board of Ci)unty Commissioners
County Administrator
Division Di "ectors
Jim Hendrick fli/V
County Attorn~
FROM:
RE:
BOCC Agellda Item l-K 7
PAGE
BOARD OF COUNTY COMMISSIOteS
1k1.yot" George Neugent, bistrict 2
Mayor Pro Tern Noro. Willic:uns. t)jstrict 4
Colnl1\issiol'ler Gharles McC4y, District 3
Commissioner Murray Nelson. District 5
Commissioner bixie Spehor, District 1
h~~~~~~~~~~~~~hh~~~~~h~~h~~
Please substitute the following ordinance draft for the one included in your
agenda packet.
JTH/jeh
Enclosure
cc: Danny Kolhage
OCT-12-01 16,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 2/3
Commissioner Dixie Spehar
QaOINANCE NO
- ~q91
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, F:LORIDA, AMENDING SECnON 6-32, MONROE
COUNTY CODE, CLAIi~FYING THE APPUCATION OF THE FOUR YEAR
STATUTE OF UMlrAnONS; PROVIDING FOR SEVERABIUTY;
PROVIDING FOR THI: REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE
COUNTY CODE OF CIRDINANCES; AND PROVIDING AN EFfEcnvE
DATE
WHEREAS, the Board of COunty Commissioners of Monroe County did, on July 191
2001, pass Ordinance No. 029-2001, thereby establishing Sec. 6~32, of the Monroe
County Code; and
WHEREAS, said ordinance omitted operative language with respect to the
applicability of the four year ~;tatute of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 9S.11(3)(a)
when it should have been Se.::tion 9S.11(3)(c) or (p); and
WHEREAS, the BOCC declined to seek further judicial review of the opinion of the
16tt1 Judicial Circuit of Florid,1 as it relates to code enforcement prosecution beyond the
four (4) year statute of limitation; and
WHEREAS, the 60CC of Monroe County has determined that it is necessary to
revis: Ordinance No. 029-2001 to :~~~ ~~C! :~~.a~~~~:sl'tte .of ~itationHO building
permit Issuance a3 well as code cnfeF€emcRt: PFeC@8d~ ~!J
tJ'YI~~ U~.rIf~/~nep~""7
BE IT ORDAINED BY THE BOARD OF COUNty COMMISSIONERS OF
MONROE COUNTY, FLORJ[.A:
Sec. 6-32. Unlawful u:~es and improvements.
S~ction 1. Sec. 6-32, MCC, is hereby amended to read:
Except for building permits that are limited exclusively to addressing
imminent risks to pro~,erty and public health and safety, no building permit
shall be issued for an~ use of improvement involving all or any portion of a
parcel (as defined in section 9.5-4 (P-1), Monroe County Code) which
contains an unlawful use or improvement 4,U'I'd~..n ~
~~a~ li~ecliQn ..8S.~)~rvma sfM:~) until the
parcel is brought into compliance with the provisions of Chapter 9.5,
Monroe County Code. By way of illustration and not limitation, permits may
be issued for repairs and replacement of roof and other building structural
A.s uST?d.. ~14lt~1 tf'1 Iltvll4wt=uf use t'('-/~~ (/ IS- ~. lIt u~ 4^ fAf~
eXlsth~ ~ Jk. e~f/Itf c(If-k j -liif O"t,'A1"~f wlvcJ, i.r carb~ 5 fo~~J;.i;"'1 ;<. '7
~, 7lf m()((tt!Il ~fy Ct,,6 Eifu~ It>~'(,f.,
UCl-12-01 16,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
3/3
components to the ext ent necessary to address imminent risks to property
damage and public sa1'ety and health, such as for, but not limited to, the
repair of leaking roofs and damaged roofs, walts, foundation; and violations
of building, electrical, mechanical, and electrical codes. Any such permit
shall contain a provision r~ulrln9 compliance with the provision~ of Chap~er
9.5 of the Mooroe C9UIlty ~Q(Je by a date 5pecifi~g In S9ld permit.
section a. If any SE~ction, subsection, sentence, clause or provision of thIs
ordinance is held invalid, thE remainder of this ordinance shall not be affected by such
invalidity .
~iqn 3. All ordina nces or parts of ordinances in conflict with this ordinance
are hereby repealed to the e>tent of said conflict.
~ion 4. The provhiions 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.
5ectioo 5.R This ordir ance shall take effect immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida that this ordinance
has been filed with said OfficH.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regu ar meeting of said Board held on the day of
, 2001.
Mayor George Neugent
Commissioner Charles MI:COY
COmmissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Willlwns
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Jd0rd4yr1imit
Approved aiP-to fo 0 1y:
~I
~e A. H;;~
Date: ,'"~ (}f