Item S2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
April 16, 2003
Division
County Attorney
AGENDA ITEM WORDING
Public hearing on an ordinance which would permit the County to enter into
interlocal agreements with other local governments for the purpose of sharing the
services of a Code Enforcement Special Master.
ITEM BACKGROUND
PREVIOUS RELEVANT BOCC ACTION
Board approved Ordinance No. 50-2000, which created the office of code enforcement
special master.
CONTRACTIAGREEMENTCHANGES
N/A
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
COST TO COUNTY
BUDGETED Yes No
SOURCE OF FUNDS
APPROVED BY:
County Attorney _ OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVA~
J. R. C NS
DOCUMENTAnON:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
~J
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
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, 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 ~crsons sCfVing as code
cnforcemcnt special masters shall be appointed b'l the boaro of county commissioners.
(1) Aopointment, The board of county commissioners may appoint as many code
enforcement special masters as it determines is necessary. The board of countv
commissioners may also enter into an interlocal agreement with a municioality or another
countv to utilize the services of that Jurisdiction's code enforcement soecial master or to
oermit another jurisdiction to utilize the services of the county's special master. If the board
of countv commissioners elects to utilize the services of another jurisdiction's special master
throuah an interlocal agreement. that soecial master shall oossess the same oowers 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 throuah interlocal aareement as soecial
master must have been members of the Florida Bar for five (S).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 exceot when the soecial
master hears cases in two or more jurisdictions pursuant to an interlocal aareement.
(4) Authority. 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.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner McCoy
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
jordsharespmaster
4fle
J Y
BY
'I AilOR Y' OffiCE
DATE ./ 6/ - 0 ~