Item O2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, November 20,
2001, at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo,
Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AMENDING SECTION 6-32, MONROE COUNTY CODE, CLARIFYING THE
APPUCATION OF THE FOUR YEAR STATUTE OF UMITATIONS; 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 24th day of October, 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
Key West Citizen
Keynoter
11/1-8
11/2-9
11/3-10
/-a oJ
Commissioner Dixie Spehar
ORDINANCE NO
- 2001
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-32, MONROE
COUNTY CODE, CLARIFYING THE APPLICATION OF THE FOUR YEAR
STATUTE OF LIMITATIONS; 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
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 operative language with respect to the
applicability of the four year statute of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 95.11(3)(a)
when it should have been Section 95.11(3)(c) or (p); and
WHEREAS, the BOCC declined 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 to disallow building permit issuance only to uses and
improvements that may be successfully prosecuted by Monroe County Code
Enforcement.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA: .
Section 1. Sec. 6-32, MCC, is hereby amended to read:
Sec. 6-32. Unlawful uses and Improvements.
As used herein. an "unlawful use or Improvement" is any use or
Improvement. existing on the effective date of this Ordinance. which is
capable of Monroe County Code Enforcement prosecution. 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-1), Monroe County Code) which contains an unlawful use
or improvement 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 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 contain a provision requiring
compliance with the provisions of Chaoter 9.5 of the Monroe County Code
by a date specified in said permit.
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 official
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, 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 COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
Jdord4yrlimit
8
County of Monroe
Growth Management Division
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of Countv Commissioners
Mayor George Neugent, District 2
Mayor Pro Tern Nora Williams, District 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray E. Nelson, District 5
Comm. Dixie M. Spehar, District I
MEMORANDUM
DATE:
Board of County Commissioners
Timothy J. McGarry, Dire~ 1
Growth Management DivisifV "-
November 19,2001
TO:
FROM:
SUBJECT:
Agenda Item 0-2; Public Hearing on An Amendment
to Section 6-32, Monroe County Code
The Growth Management Division staff has evaluated the proposed amendment to Section 6-32,
Monroe County Code, that limits the prohibition against the permitting of improvements to only
those properties that can be prosecuted through code enforcement proceedings within the four year
statute of limitations. The staff finds that it can not recommend approval of the proposed
amendment as written and believes that if approved it will only further encourage property owners
to make improvements without permits, especially in situations where such permit approvals could
never be granted.
In considering this proposed amendment, the Growth Management Division staff wants to make
the Board fully aware that even if approved, the pr0posed amendments to Section 6-32 conflict
with the more stringent provisions in the Land Development Regulations and Comprehensive Plan.
Unless these regulations and pertinent policies are amended, the Growth Management Division
staff will be unable to fully carry out the legislative intent of the Board as contained in amended
Section 6-32.
In particular, certain Land Development Regulations strictly limit the staffs ability to carry out the
policy wishes of the Board as listed and described below:
. Section 9.5-55(c): This provision requires that any proposed development must
comply with the Land Development Regulations before a building permit may be
issued. Permitting Restriction: A permit for any improvement that would directly
affect that specific portion of a structure or use that is illegal could not be issued.
For instance no permits could be issued for improvements in an illegal downstairs
enclosure, although improvements may be permitted in the legal above base flood
portion of the structure.
/ -OL
. Section 9.5-316.1: This provision contained in the floodplain regulations states that
"no structure or manufactured home hereafter shall be located, extended, converted
or structurally altered without compliance with the terms of this division in addition
to other applicable regulations of this chapter." Permitting Restriction: A permit
can not be issued for an improvement to any portion of a structure with an illegal
below base flood enclosure that results in its structural alteration, such as
expansion of a residence or changes in its load bearing walls.
. Comprehensive Plan and Article V, Sections 9.5-141 throu~h 144 [Non-
conformin~ Uses and Structures]: The Comprehensive Plan and Article V of the
Land Development Regulations contain provisions that address "non-conforming
uses and structures," which are those uses and structures legally established, but
now non-conforming due to changes in the County's regulations. Although
unpermitted improvements and uses are not considered non-conforming, from both
planning and land use law perspectives, such unlawful improvements can not be
deemed to have greater rights than non-conforming uses and improvements.
Therefore, at a minimum, the permitting of unlawful uses and structures must
follow the restriction governing the permitting and approving of non-conforming
[legal] uses and structure.
Section 9.5-143 prohibits the substantial improvement, enlargement, or occupation
of additional lands by non-conforming uses or the structures in which the non-
conforming uses are located, unless the use comes into conformity with the Land
Development Regulations. Permitting Restriction: A permit can not be issued for
the expansion, addition or improvements beyond ordinary repair and maintenance
to a structure containing a non-conforming use, such as adding a bedroom to an
illegal duplex.
Section 9.5-144 restricts the substantial improvement substantial improvement,
enlargement, or extension of non-conforming structures provided the non-
conformity is not further violated. Permitting Restriction: A permit can not be
issued for the expansion, addition, extension, or improvements beyond ordinance
repair and maintenance to a non-conforming structure that further violates its non-
conformity, such as expansion or substantial improvements to an illegal downstairs
enclosure.
cc: James L. Roberts, County Administrator
James Hendrick, County Attorney