Item P1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16 ,2005
Division: Growth Management
Bulk Item: Yes
No X
Department: Code Enforcement
Staff Contact Person: Ronda Norman
AGENDA ITEM WORDING: A public hearing to consider an amendment to Chapter 8 of the
Monroe County Code by creating Article II Disposal of Garbage, Trash, and Refuse, Section 8-16,
Definitions, Section 8-17, Premises to be cleaned and mowed, and Section 8-18, Illegal waste disposal
on public and private lands and waterways.
ITEM BACKGROUND: At it's regularly scheduled meeting held on July 14, 2004, the Board of
.." .. .. . , ..
County Commissioners adopted Ordinance 22-2004 that inadvertently entirely deleted section 8-16
through 8-42, Monroe County Code and these sections contained specific definitions and language
governing the proper disposal of garbage, trash, refuse and debris and maintenance of lands within
unincorporated Monroe County, thus requiring amendments to reenact provisions for the County to
pursue code enforcement action on illegal dumping activities on public and private lands and
waterways and the improper maintenance of vacant or occupied lands.
PREVIOUS RELEVANT BOCC ACTION: At the January 19, 2005 Board of County
Commissioners meeting the Board approved advertising of a Public Hearing.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval.
TOT AL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~ OMB/Purchasing
Risk Management ~
DIVISION DIRECTOR APPROVAL:
any, AICP
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE CHAPTER 8 BY CREATING ARTICLE II
DISPOSAL OF GARBAGE, TRASH, AND REFUSE, SECTION
8-16, DEFINITIONS, SECTION 8-17, PREMISES TO BE
CLEANED AND MOWED, AND SECTION 8-18, ILLEGAL
WASTE DISPOSAL ON PUBLIC AND PRIVATE LANDS AND
WATERWAYS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCORPORATION
IN THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 14, 2004, the Board of county Commissioners adopted Ordinance
22-2004 that inadvertently entirely deleted section 8-16 through 8-42, Monroe County Code;
and,
WHEREAS, these deleted sections contained specific definitions and language
governing the proper disposal of garbage, trash, refuse and debris and maintenance of lands
within unincorporated Monroe County; and,
WHEREAS, the deleted provisions have made it difficult for the County to pursue code
enforcement action on illegal dumping activities on public and private lands and waterways and
the improper maintenance of vacant or occupied lands; and
WHEREAS, the Growth Management Division staff has prepared amendments to
Chapter 8, Monroe County Code, that create Sections 8-16 through and 8-18 to replace the
relevant language deleted by Ordinance 22-2004;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. A new Article II, Chapter 8, Monroe County Code is created that reads as follows:
ARTICLE II. DISPOSAL OF GARBAGE, TRASH AND REFUSE
Section 2, A new Section 8-16, Monroe County Code, is hereby created that reads as follows:
Section 8-16. Definitions.
For the purpose of this article, the following terms, words and their
derivations shall have the following meanings:
Bulky Waste shall mean items whose large size or weight precludes or
complicates their handling by normal collection processing or disposal methods.
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Commercial shall mean all non~residential and industrial establishments and
properties but not limited to and without regard to whether they are profit or
nonprofit organizations or retail and or wholesale establishments, motels, hotels,
stores, schools, churches, hospitals, office buildings, restaurants service stations,
garages, laundries, cleaning establishments, public or private institutions of all
types, and all other businesses required to obtain an occupational license.
County shall mean the unincorporated areas ofthis county.
Garbage shall mean all kitchen and table food waste, animal or vegetative
waste that is attendant with or results from the storage, preparation, cooking or
handling of food materials.
High grass and weeds shall mean weeds and/or grass in excess of eight (8)
inches in height
Improved property shall mean all residential, commercial, or industrial
property that generates or is capable of generating solid waste.
Litter shall mean all garbage, rubbish, garden trash and all waste materials
including but not limited to, bottles, glass, cans, scrap metal, junk, paper,
disposable packages or containers and all other similar materials, and any
substance of any kind or nature whatsoever that causes a public health, safety or
fire hazard or public nuisance.
Mowed shall mean the cutting down of high grass and/or weeds.
Mulching materials shall mean protective coverings, usually of organic
matter such as leaves, straw, or peat, brought to a property and used to prevent the
evaporation of moisture, erosion, and/or the growth of weeds.
Owner shall mean the person owning an interest in vacant or improved
property.
Person shall mean any individual, firm, co-partnership, corporation,
company, association, executor, administrator, trustee, church, religious sect,
religious denomination, society, organization or league, or any other legal entity,
whether singular or plural, masculine or feminine, as the context may require.
Public way shall mean any and all streets, roads, alleys, piers, bulkheads,
boardwalks, lanes, waters or other public ways and any and all public parks,
squares, beaches, parks and any and all recreational facilities operated by the
state, county, federal government or special governmental districts.
Refuse shall mean all solid wastes, including but not limited to garbage,
rubbish, ashes, dead animals, bulky waste, special wastes, sludge and trash.
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Residential property shall mean any improved property or vacant property
within a land use district zoned for residential uses.
Residential waste shall mean a mixture of garbage and trash resulting from
normal housekeeping activities at a residentialllilit.
Sludge shall mean any solid or semisolid liquid generated from any
excavation activity, waste water treatment plant, air pollution control facility,
septic tank, grease trap, portable toilets and related operations, or any such waste
having similar characteristics or effects.
Solid waste shall mean garbage, rubbish, refuse, trash or other discharged
solid or semisolid materials resulting from domestic, commercial, industrial,
agricultural and governmental operations but does not include solids or dissolved
materials in domestic sewage effluent or other significant pollutants in water
resources such as silt, dissolved or suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows or other common water
pollutants.
Special wastes shall mean those wastes that require extraordinary
management. They include but are not limited to abandoned vehicles, abandoned
vessels, white goods, tires, waste oil, sludge's, dead animals, agricultural and
industrial waste, septic tank sepsis, animal waste and infectious and hazardous
wastes.
Trash shall mean any combinations of yard trash and construction and
demolition debris along with other debris such as paper, cardboard, cloth, glass,
white goods, vehicle tires and other like matter.
White-goods shall mean ice boxes, refrigerators, deep freeze lockers, clothes
washers, clothes dryers or airtight units.
Yard trash shall mean vegetative matter resulting from landscaping
maintenance or land clearing operations and includes but not limited to materials
such as tree and shrub trimmings, grass clippings, mulch, palm fronds, tree
stumps, tree limbs, etc.
Section 3. A new section 8-17, Momoe County Code, is hereby created that reads as follows:
Section 8-17. Premises to be cleaned and mowed.
(a) For the purposes of promoting the health, safety and general welfare of
the residents of the county, all lands inside and outside of subdivisions, including
vacant lands, and improved property within the unincorporated area of the county,
shall be kept cleared of debris, garbage, litter, yard trash, refuse, special solid
waste, solid waste, trash, industrial waste and/or which tend to be a breeding place
or haven for snakes, rodents, insects, and vermin of all kinds and character, and/or
which tend to create a fire hazard, endanger the lives and property of the residents
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of the county, create a traffic hazard, create a nuisance or unsanitary condition
andlor which render the sailor air impure, unwholesome, or unhealthful.
(b) For the purposes of health, safety, and general welfare of the residents
of the county, all commercial and residential lots, vacant or occupied, shall be
kept mowed except that for subdivisions located within public acquisition areas,
publicly owned vacant lots acquired for conservation and resource protection
purposes and private vacant lots subject to a county approved management plan.
(c) For the purposes of health, safety, and general welfare of the residents
of the county, all mulching materials shall be kept or spread at a depth not to
exceed eight (8) inches.
Section 4. A new Section 8-18, Monroe County Code, is created that reads as follows:
Section 8-18. Illegal waste disposal on public and private lands and
waterways.
(a) No person shall place, cast, sweep, or deposit anywhere within the
county any refuse in such a manner that the same may be carried, spread, or
deposited by the elements upon any street, alley, parkway, or other public place
or into any occupied or unoccupied property or waterway.
(b) No person shall throw, place or deposit or cause to be thrown, placed or
deposited, any solid waste, special waste, sludge, trash, junk, abandoned vehicle,
abandoned vessel, garbage or filth of any kind into or on any of the public streets,
roads, highways, bridges, alleys, lanes, thoroughfares, waters, canals or vacant
lots, or upon the premises of any other person within the limits of the county.
(c) No person shall discard, abandon, or permit any white-goods to be kept
or placed on private property or placed curbside for collection without first
removing or securing the doors on such units.
Section 5. 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 6. All ordinances or parts of ordinances in contlict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 7. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 8. This ordinance shall take effect immediately upon receipt of the official notice from
the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office.
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Section 9. The provision 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 10. The Clerk of the Court is hereby directed to forward a copy of this Ordinance to thc
Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances.
PASSED AND ADOPTED BY THE Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the ~ of , AD, 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice
Commissioner Murray E. Nelson
BOARD OF COUNTY COMMISSIONER OF
MONROE COUNTY, FLOIUDA
By:
Mayor/Chairperson
(SEAL)
A TTEST: DANNY KOHLAGE, CLERK
MONROE COUNTY ATTORNEY
~"ROVED 15 TO fORM
f<~~ j.7.rg."(
,Det..
By:
Deputy Clerk
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