Item T5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date
March 19, 2003
Division
County Attorney
AGENDA ITEM WORDING
Approval to advertise an ordinance amending Sec. 6.3-3 to permit the County to
enter into an interlocal agreement with other local governments for the purpose of
sharing the services of a code enforcement special master.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
CONTRACT/AGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Approval to advertise for ONE public hearing for April 16, 2003 in Key West.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY:
County Attorney - OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVA~
'~S
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
'l~
ORDINANCE NO.
-2003
AN ORDINANCE AMENDING THE MONROE COUNTY CODE SECTION 6.3-3 TO
PERMIT THE COUNTY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
OTHER LOCAL GOVERNMENTS FOR THE PURPOSE OF SHARING THE
SERVICES OF A CODE ENFORCEMENT SPECIAL MASTER; 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 has previously adopted the code enforcement system set forth in
chapter 162, Florida Statutes, and
WHEREAS, the Board has previously abolished the Code Enforcement Board in the favor of
utilizing a Special Master to hear code enforcement cases pursuant to section 162.03, Florida
Statutes; and
WHEREAS, at least one municipality within Monroe County also utilizes a special master to
hear code enforcement cases; and
WHEREAS, the use of one special master by both the County and a municipality promotes
efficiency and economy of services for both parties; and
WHEREAS, Attorney General Opinion 2000-34 approved of an interlocal
agreement between a county and a municipality for the purpose of hearing code
enforcement cases; and
WHEREAS, the Monroe County Code, as currently written, does not permit the County to
utilize the services of another jurisdiction's code enforcement special master through interlocal
agreement; now therefore
R~'1tDRDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, Fl.'()RIDA, THAT
Section 1.
Section 6.3-3 is hereby amended to read as follows:
(a) The office of code enforcement special master is hereby created. All pcrsaRs scrviRg as codc
cRfarccmcFlt spccial mastcrs shall bc appoiRtcd b'l thc boafd af COURty cammissioAcrs.
(1) Aopointment. The board of county commissioners may appoint as many code
enforcement special masters as it determines is necessary. The board of county
commissioners mav also enter into an interlocal aareement with a municioality or another
county to utilize the services of that jurisdiction's code enforcement soecial master or to
permit another jurisdiction to utilize the services of the county's soecial master. If the board
of county commissioners elects to utilize the services of another jurisdiction's special master
throuah an interlocal aareement. that special master shall oossess the same Dowers as if he
or she had been aooointed directlv bv the board.
(2) Compensation. Compensation for the code enforcement special masters must be
established by a resolution of the board of county commissioners.
(3) Oualifications. All persons appointed or retained through interlocal aareement as soecial
master must have been members of the Florida Bar for five (5) years and have experience in
land use and local government law. Code enforcement special masters may not hold any
other appointive or elective office while serving as special master except when the special
master hears cases in two or more jurisdictions pursuant to an interlocal agreement.
(4) Authoritv. The code enforcement special master is granted the powers, duties 'and
authority, including the authority to impose fines and liens and to order foreclosure of liens,
granted by statute and ordinance.
Section 2. If any section, subsection, sentence, clause, item, change, 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 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 held on the day of , A.D., 2003. 0 ED
PPR V
N
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
BY
DATE
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
jordsharespmaster
Mayor/Chairperson