Item P03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/19/12 - MAR Department County Attorney
Bulk Item: Yes X No Staff Contact Person: Suzanne Hutton X3470
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of a County
ordinance amending Sec. 17-2 and Sec. 25-35, and creating Sec. 17-6, of the Monroe County Code to further
clarify prohibitions and enforcement regarding the parking and storage of vehicles and watercraft and/or
wrecked, inoperative or partially dismantled vehicles and watercraft on County roads and right-of-way, on
private property and in residential districts throughout Monroe County.
ITEM BACKGROUND: On 8/18/2010, Monroe County adopted Ordinance No. 025-2010 amending
Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County streets and right-of-way
and providing limitations on appeal processes, additional enforcement measures, penalties and increases fees for
permits. This action was taken in response to the volume of citizen complaints and incidents involving
obstruction of our streets and rights -of -way by semi -permanent structures within the right-of-way, on or off the
pavement, for which neither the existing MCC, nor Florida Statutes, effectively clarified nor provided adequate
enforcement measures to alleviate the problem. The proposed ordinance provides additional amendments to
Chapters 17 and 25 to further clarify these prohibitions and provide enforcement by the appropriate officials on
County roads and right-of-way, on private property and in residential districts throughout Monroe County.
PREVIOUS RELEVANT BOCC ACTION: 8/18/2010 BOCC approved Ordinance 025-2010
CONTRACT/AGREEMENT CHANGES:
Amends Sec. 25-35, MCC: changes section title to read "Storage of vehicles on County right-of-way
prohibited", adds, deletes and moves/revises some language in Sec. 25-35(a) and places in newly created Sec.
17-6; deletes language in Sec. 25-35(b); moves and/or revises language from Sec. 25-35(c) and places in newly
created Sec. 17-6.; deletes some language in Sec. 17-2(d); deletes language in Sec. 25-35(e); and revises
affected subsection numbers/letters throughout this section resulting from these changes.
Amends Sec. 17-2. MCC: changes section title to read "Inoperative Vehicles and Watercraft"; adds language to
Sec. 17-2(a); adds and deletes some language in Sec. 17-2(b); deletes language in Sec. 17-2(c); and revises
affected subsection numbers/letters throughout this section resulting from these changes.
Creates new Sec.17-6. MCC titled "Parking and storage of trucks, trailers and travel trailers on private
property" which contains some language moved and/or revised and moved from Sec. 25-35(a) and (c).
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Adv. costs INDIRECT COST: N/A BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: Adv. costs SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ NQ X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
ORDINANCE NO. - 2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SECTION 25-35 AND
SECTION 17-2, AND CREATING SECTION 17-6, OF THE MONROE
COUNTY CODE, TO CLARIFY PROHIBITIONS AND ENFORCEMENT
REGARDING THE PARKING AND STORAGE OF VEHICLES AND
WATERCRAFT AND/OR WRECKED, INOPERATIVE OR PARTIALLY
DISMANTLED VEHICLES AND WATERCRAFT ON COUNTY ROADS
AND RIGHT-OF-WAY, ON PRIVATE ROPERTY AND IN
RESIDENTIAL DISTRICTS THROUGHOUT MONROE COUNTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 18, 2010, in response to numerous citizens complaints, the
Board of County Commissioners of Monroe County, Florida approved Ordinance 025-2010,
amending Chapters 19 and 25 of the Monroe County Code (MCC) to clarify prohibited uses of
County right-of-way, provide limitations on appeals processes, additional enforcement measures,
penalties and increased fees for permits; and
WHEREAS, Sec. 25-35(f), MCC, as amended by Ordinance 025-2010, provides for
enforcement by a law enforcement officer or a parking enforcement specialist; and
WHEREAS, certain sections of Sec. 25-35, MCC, address the storage of vehicles on
private property which are not enforceable by a law enforcement officer or parking enforcement
specialist and should be moved to a newly created section authorizing enforcement by a code
compliance officer; and
WHEREAS, a common complaint from the public pertains to derelict unsightly vessels
and junk cars; and
WHEREAS, the intent behind the creation of Sec. 17-6, MCC prohibiting the storage
and parking of certain vehicles in residential zoning districts is to prevent diminution of property
values and to retain the residential community character of the neighborhood; and
WHEREAS, a common complaint from the public pertains to derelict unsightly vessels
and junk cars; and
WHEREAS, it is deemed in the interest of the public to expand the description of
watercraft and vessels in Section 17-2(b) to clarify under what conditions watercraft and vessels
may not be stored; and
Page 1 of 5
Ord amending Sec 24-35 and 17-2 and
creating Sec/ 17-6, MCC re Parking/Storage Vehicles
BOCC 9/21/12 App to Adv PH (kp 8/23/12)
WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of
code compliance actions; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
SECTION 1. Section 25-35, Monroe County Code, shall be amended to read as follows:
Sec. 25-35. PaFkifig of tmL� per-s and tfffel 4ailem-,&Storage of vehicles on
County right-of-way prohibited.
(a) Within any residential district, no trucks, trailers or wagons of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess
of 42 feet in length and in excess of 8.5 feet in width shall be wed stored on the
paved part of any public right-of-way,
. No trailers of less than one -ton capacity, including
all pleasure boat trailers regardi�less of capacity, collapsible camping trailers
and cargo trailers shall be parked , ' , or
stored on any public right-of-way, but such trailers may be parked on private
property in any district pursuant to subsection 17-6 and part II of this Code Vb -d
this seefien and this l e" vehiel t ,a
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(d h) No motor vehicle of any type shall be stored, ' , on any
public right-of-way. A motor vehicle parked on a public right-of-way in excess of
72 hours shall be presumed to be stored.
A Y.
Page 2 of 5
Ord amending Sec 24-35 and 17-2 and
creating Sec/ 17-6, MCC re Parking/Storage Vehicles
BOCC 9/21/12 App to Adv PH (kp 8/23/12)
(€ c) A law enforcement officer or parking enforcement specialist who discovers a
vehicle parked in violation of this section may issue a ticket in the form used by
the county for parking violations to the driver or, if the vehicle is unattended,
attach the ticket to the vehicle in a conspicuous place. All parking ticket penalties
collected pursuant to this section must be remitted to the county's general fund.
(g !d) In the case of a violation of this section, the law enforcement officer or parking
enforcement specialist, in addition to charging the owner or operator with any
noncriminal violation set forth in subsections (a) through (e q) of this section, may
have the vehicle towed and impounded at the owner's expense. The cost of such
towing and impoundment shall be a lien against the vehicle. If the county court
determines that the noncriminal violation charged was invalid:
(1) The vehicle must be immediately released without charge and with the
lien provided for in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the
amount paid must be refunded.
SECTION 2. Section 17-2., Monroe County Code, shall be amended to read as follows:
Sec. 17-2. ; auther-ity to efAer- upon
privateprep" Inoperative Vehicles and Watercraft.
a) Within all land use districts except Industrial f1j districts, all vehicles that are
inoperative and/or unlicensed for a period of ten days shall be prohibited on any
public right-of-way or on private property except within a completely enclosed
garage.
(b) Within all land use districts except Industrial f1j districts, all watercraft that are
wrecked, inoperative., partially dismantled and/or wed any vessel that is not
stored on a boat trailer that is readv for hi2hwav usefeff -A aer-i-a Af 30 JAUQ And
shall be prohibited on any waterway, shore, private or
public property unless contained in a completely enclosed building.
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duties tmder- the pr-evisiens of this seefien may
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Page 3 of 5
Ord amending Sec 24-35 and 17-2 and
creating Sec/ 17-6, MCC re Parking/Storage Vehicles
BOCC 9/21/12 App to Adv PH (kp 8/23/12)
SECTION 3. Section 17-6, Monroe County Code shall be created to read as follows:
Sec. 17-6. Parking and storage of trucks, trailers and travel trailers on private propertv.
tal Prohibited: Within any residential district no trucks trailers or buses of one -ton
or greater capacity or recreational vehicle -type units as defined in F S & 320 01
in excess of 42 feet in length and in excess of 8.5 feet in width shall be parked or
stored on private property except within a completely enclosed garage
Construction, landscaping or land clearing equipment may only be parked or
stored on the same lot for which it is actively being used to conduct the scope of
work related to a valid active permit.
(121 Permissible (or "allowed"): All other trucks and trailers including all
pleasure boat trailers, recreational vehicle -type units or collapsible camping
trailers may be parked or stored on private property in any district pursuant to the
following conditions:
LU All vehicles parked in accordance with this article shall be parked taking
into account the setback requirements as is set forth in part II of this Code
All recreational vehicle -type units that are parked or stored as per the
provisions of this article shall not be used as a place of habitation
All vehicles as referred to in this section may only be parked on the same
lot or contiguous lot with and after the principal structure is erected
All vehicles parked or stored in accordance with this article must be
registered in the name of the owner or the tenant of the property where
they are parked.
Only one recreational vehicle -type unit as defined in F S $ 320 01 shall
be permitted on any one residential or mobile home lot for storage
purposes as provided in this section
SECTION 4: SEVERABILITY. Should any provision of this Ordinance be declared
by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as a whole, or any part thereof, other than the part declared to be invalid. If this
Ordinance, or any provision thereof, shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstance.
SECTION 5: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts
of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
Page 4 of 5
Ord amending Sec 24-35 and 17-2 and
creating Sec/ 17-6, MCC re Parking/Storage Vehicles
BOCC 9/21/12 App to Adv PH (kp 8/23/12)
SECTION 6: INCLUSION 1iN CODE OF ORDINANCES. 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 7: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be
filed with the Department of state and shall be effective as provided in section 125.66(2), Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the this day of , 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.
Page 5 of 5
Ord amending Sec 24-35 and 17-2 and
creating Sec/ 17-6, MCC re Parking/Storage Vehicles
BOCC 9/21/12 App to Adv PH (kp 8/23/12)
Mayor/Chairperson
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ADDITIONAL BACK-UP
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Sec. i ; authority
(a) Within all land use districts except I districts, all vehicles that are inoperative and/or
unlicensed for a period of ten days shall be prohibited on any public right-of-way or on
private property except within a completely enclosed garage.
(b) Within all land use districts except I districts, all watercraft that are inoperative and/or
unlicensed for a period of 30 days and appear to be in a state of decay and/or abandonment,
as determined by the code enforcement administrator, shall be prohibited on any waterway,
shore, private or public property unless contained in a completely enclosed building.
(c) Any member of the building and zoning department, in the performance of his duties under
the provisions of this section may enter upon public or private property and make proper
examinations and surveys as deemed necessary in the administration and enforcement of
this section.
(Code 1979, §§ 19-95, 19-96, 19-100; Ord. No. 1-1973, § i(art. Vll, §§ 3, 4, 8); Ord, No. 46-1987, §§ 1, 2; Ord. No.
20-1988, §§ 1, 2)
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Sec. .- Parking of trucks, trailers and travel trailers,.
(a) Within any residential district, no trucks, trailers or wagons of one -ton or greater capacity or
recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in length and
in excess of 8.5 feet in width shall be parked on the paved part of any public right-of-way, or
on private property except within a completely enclosed garage. No trailers of less than one -
ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping
trailers and cargo trailers shall be parked for storage purposes, including overnight, on any
public right-of-way, but such trailers may be parked on private property in any district
pursuant to subsection (b) of this section and this chapter. Only one recreational vehicle -type
unit as defined in F.S. § 320.01, shall be permitted on any one residential or mobile home lot
for storage purposes as provided in this section. Trucks, trailers, wagons, or recreational
vehicle -type units as referred to in this subsection may only be parked on the same lot with
and after the principal structure is erected.
(b) All trailers, motor homes or motor coaches parked in accordance with this article shall be
parked taking into account the setback requirements as is set forth in part II of this Code.
(c) Trailers, motor homes or motor coaches that are parked for storage as per the provisions of
this article shall not be used as a place of habitation.
(d) No motor vehicle of any type shall be stored, including parking overnight, on any public right-
of-way. A motor vehicle parked on a public right-of-way in excess of 72 hours shall be
presumed to be stored.
(e) These vehicles must be registered in the name of the owner or the tenant of the property
where they are parked.
(f) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked
in violation of this section may issue a ticket in the form used by the county for parking
violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a
conspicuous place. All parking ticket penalties collected pursuant to this section must be
remitted to the county's general fund.
(9) In the case of a violation of this section, the law enforcement officer or parking enforcement
specialist, in addition to charging the owner or operator with any noncriminal violation set
forth in subsections (a) through (e) of this section, may have the vehicle towed and
impounded at the owner's expense. The cost of such towing and impoundment shall be a
lien against the vehicle. If the county court determines that the noncriminal violation charged
was invalid:
(1) The vehicle must be immediately released without charge and with the lien provided
for in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the amount
paid must be refunded.
(Code 1919, § 19429; Ord, No. 1-1913, § 1(art. Vll, § 34); Ord, No. 10-1985, § 1; Ord. No. 025 2010, § 1)
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* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA iTEM SUMMARY
Meeting Date: Au" 1& 2010 (9
Bulk Item: Yes No X
Divisiou/DepertznerM Cog= Attorney
Staff Contact Person/Phone #: 3470/Suzanne Hutton
AGENDA ITEM WORDING: A public beaming to consider adoption ofa, Comity Ordinance to amend
sections of Chapters 19 and 25 of the Monroe County Code to clarify prohibited uses of County rights -of -
way and provide limitations on appeals processes, additional enforcement measures, penalties and
increased fees for permits.
ITEM BACKGROUND: MCC currently requires permits for construction, or' ovements m existing
rigids-of-way and County roads and streets and Florida Statutes prohibits the obstruction of the normal
use of a public sheet or road. This public bearing and proposed ord'mance is being presented in response
to the volume of citiren complaints and incidents involving obstruction of our streets and rights -of -way by
semi -permanent structures within the right-of-way, on or off the pavement, for which neither the existing
MCC, nor Florida Statutes, of wtively clarify nor provide adequate enforcement measures to alleviate the
problem The proposed ordinance amends Chapters 19 and 25 of the Monroe County Code to clarify
probibited uses of County streets and rights -of -way and provides limitations on appeal processes,
additional enforcement nveasures, penalties and increases fees for permits in an effort to effectively address
these issues.
PREVIOUS RELEVANT BOCC ACTION:
6116110 BOCC approved public hearing for 7/21/10 @ 3:00 p.m: in Key West, FL (P-4)
7/21/10 BOCC continued public hearing to 9/19/10 @ 3:00 p.m in Rey Largo, FL (S3)
CONTRACTIAGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchwdrig Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 1109
AGENDA TTEM #
?,,jl5,-d &,-&131)17//0
Mayor Murphy
ORDINANCE NO. 025 — 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMIVIISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING MONROE COUNTY CODE
CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED
USES OF RIGHTS -OF -WAY, PROVIDING FOR LIMITATION ON
ATTEMPTS TO CIRCUMVENT THE APPEALS PROCESS BY EXCLUDING
THE SUBMISSION OF NEW APPLICATIONS OR REQUESTS FOR
CLARIFICATION TO START THE APPEAL TIME PERIOD RUNNING
ANEW; PROVIDING PENALTIES; PROVIDING ADDITIONAL
ENFORCEMENT MEASURES AND PROCEDURES; PROVIDING FOR
INCREASED FEES FOR PERMITS; PROVIDING FOR SEVERABHM;
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 Monroe County Code Ch. 19 currently requires permits for construction
or improvements in existing rights -of -way and all roads and streets dedicated to the County in
order to preserve the functionality of the rights -of -way, to maintain smooth traffic flow, and to
apply safctY standards; and
WHEREAS, Section 316.025(1), Florida Statutes (F.S.), currently prohibits the
obstruction of the normal use of a public street or road by impeding traffic thereon; and
WHEREAS, members of the public have complained about children playing on their
streets, especially where semi -permanent structures such as basketball hoops have been placed
within the right-of-way on or off the pavement, and refusing to move when motor vehicles pull
into the streets, thereby endangering both themselves and the persons in the vehicles; and
WHEREAS, an old County Engineer opinion regarding obstructions in the right-of-way
is debatably inconsistent with existing Code provisions and it is deemed in the interest of public
safety and welfare that the County Code be revised to clarify permissible uses and effectively
repeal the old opinion; and
WHEREAS, it has been deemed to be a matter of public welfare to create a separate
ordinance reinforcing the state statutes regarding obstruction of traffic and pedestrian traffic
violations for enforcement by the State Attorney, County Sheriff and the Courts, to which this
ordinance is a companion; and
WHEREAS, certain sections in Chapter 19 and 25 incorrectly refer to the public works
department and public works director since the engineering department and engineering director
handles right-of-way permits and such reference should be changed to reflect the division that is
responsible for right -of --way permitting;
co.nny. Ora nmena. Ch. 19 and 25 Page 1 of 12
As wmvW BOM 8/19/10
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 19-31, Monroe County Code, shall be amended to read:
Sec.19-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Arterial roars means a road carrying a higher volume of traffic than a local or collector
road, that is used primarily for traffic traveling a considerable distance and as otherwise defined
in F.S. § 334.03(1). An arterial road is generally continuous and is used as a main traffic artery.
Collector road means a road that carries traffic from local roads to major thoroughfares
and includes the principal entrance roads of a residential subdivision and as otherwise defined in
F.S. § 334.03(4).
County road system means the same as that term is defined in F. S. § 336.01 and F. S. §
334.03(8).
Governmental or subgovernmenAd agencies means the state and its various agencies and
departments, the United States of America and its various agencies and departments, political
subdivisions of the state, including counties, incorporated municipalities of the state, drainage
districts, and such taxing districts and special agencies and bodies as are created by county
ordinances, state statute or by special act of the legislature, and as otherwise defined in F.S. §
334.03(12).
Local road means a road designed and maintained primarily to provide access to abutting
property, and as otherwise defined in F.S. § 334.03(15). A local road is of limited continuity and
not for through traffic.
Permit means the written permission of the board of county commissioners through the
office of the county engineering director to enter onto the public rights -of -way within the county
road system to perform the construction or installation as specified in that instrument.
Permittee means any individual, firm, association, syndicate, copartnership, corporation,
trust or any other legal unit commencing proceedings under this article or obtaining a permit as
provided herein to effect construction within the public rights -of -way of the county.
Public or private utility includes any pipeline, gas, electric, heat, water, oil, sewer,
telephone, telegraph, radio, cable television, transportation, communication or other system by
whomsoever owned and operated for public use, including, but not limited to, the Florida Keys
Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative
Association, Inc. and/or their successors, affiliates, subsidiaries or assigns.
co.nny. ora nmona, ch 19 ma 25 Page 2 of 12
As anrovea HUCC 9/18/10
Public rights -of -way means land that is dedicated or deeded to (or is now used or will be
used by) the county as a road, street, alley, walkway, drainage facility, access for ingress and
egress, or for other purposes, including those rights -of -way within municipalities that by virtue
of bilateral agreements between the municipality and the county are subject to the jurisdiction
and control of the county engineering department; and those state secondary roads for which
maintenance has been assigned to and accepted by the county. Until such time as the board of
county commissioners accepts ownership and responsibility for the maintenance of a right-of-
way, it shall not be considered part of the public rights -of -way for the purposes of this article
except in cases where the title to such right-of-way was vested in the county prior to June 11,
1963.
Public works manual means the current edition of the "Monroe County Public Works
Manual, Parts 1 and 2."
Road means the same as that term is defined in F.S. § 334.03(23).
SECTION 2. Section 19-33, Monroe County Code, shall be amended to read:
Sea 19-33. Permit required.
County public right -of --way use permits shall be required for all roads and streets to be
constructed or improved in existing rights -of -way; and all roads and streets that are to be
dedicated to the county; all construction or installation or maintenance of any public or private
utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object
in the right-of-way or easement, other than those constructed or maintained by the county, within
rights -of -way of the county road system as defined in F.S. § 334.03. Construction or installation
within county -owned canals and county -owned waterways will likewise require a permit. A
permit from the Florida Department of Transportation is required for the construction of
accessways to or construction within the rights -of -way of any part of the state highway system as
defined in F.S. § 334.03. A permit cannot be obtained for boulders or landscaping within the
County public right-of-way.
SECTION 3. Section 19-35, Monroe County Code, shall be amended to read:
Sea 19-35. Permit review by the county engineering director.
The board of county commissioners hereby authorizes and empowers the engineering director or
his duly authorized representative to receive and review permit applications, collect fees, and
issue permits in a timely manner allowing the permittee to enter onto the public rights -of -way
within the county road system to perform specified construction or installation. No work may be
Performed in county rights -of -way or easements, except as noted in sections 19-34, 19-36, and
1945 until plans have been submitted in conformance with section 19-38 and a county public
right-of-way use permit has been issued by the engineering director.
°o•AUY• Ord ^mem cb. 19 and 25 Page 3 of 12
As appm od BOCC 8119/10
SECTION 4. Section 19-38(a), Monroe County Code, shall be amended to read:
(a) All applications for county public right-of-way use permits, accompanied by the
appropriate fee, and including four sketches, plans or drawings of the proposed construction or
alteration, shall be submitted to the county engineering director. All construction within county
public rights -of -way shall conform to and meet the technical standards and specifications of the
county as contained in the document entitled, "Public Works Manual: Standard Specification and
Details," and/or land development regulations, as applicable. Application for access to or
construction within state road rights -of -way shall be submitted to the Florida Department of
Transportation.
SECTION 5. Section 19-38(bx3), Monroe County Code, shall be amended to read:
(3) A general description of the proposed project, its purpose and intended use, including a
description of the nature and type of construction; composition, etc.; date when the
activity is proposed to commence and approximate date when the proposed activity will
be completed, including legal description, or street address and approximate nearest mile
marker and key; and an explanation or detailing of any additional information reasonably
required by the engineering director, including, as applicable, survey drawings, aerial
Photographs, topographic maps, soil percolation test, etc.; and
SECTION 6. Section 19-39, Monroe County Code, shall be amended to read:
(a) Unless specifically waived by the board of county commissioners, or the county
engineering director, the permit shall not be effective for any purpose whatsoever until
the applicant, or his designated representative, delivers to the county engineering director
a certificate of general liability insurance and automobile liability insurance with
combined single limits of liability of no less than $300,000.00 for bodily injury and
property damage coverage equal to or in excess of the following limits: $300,000.00
combined single limit for property damage and/or bodily injury. The certificate of
insurance shall name the county as an additional insured, shall be effective for all periods
of work covered by this use permit, and shall be in a form acceptable to the county
engineering director. A statement of insurance from a self -insured entity may be accepted
as a substitute.
(b) An executed right-of-way bond or other form of surety acceptable to the
engineering director may, at the discretion of the engineering director, be required in an
amount equal to 110 percent of the estimated cost of construction. Such bond shall be in
effect for a period of not less than 30 days and not more than 90 days after final
inspection and acceptance of work by the engineering department. A letter guaranteeing
performance of work may be deemed acceptable in lieu of a bond. All restoration shall
leave the right-of-way or easement in a condition that is as good as or better than that
which existed prior to construction.
c°•'n'• Ord ^m=& ch 19 sod 25 Page 4 of 12
ns aigmed lIOM 8/18/10
SECTION 7. Section 19-40(f), Monroe County Code, shall be amended to read:
(f) All permitted work will be subject to inspection by the county engineering
department.
SECTION 3. Section 19-41(b), Monroe County Code, shall be amended to read:
(b) Access driveways onto rights -of -way shall be limited to the least possible number
required to adequately serve the intended use and shall conform to all applicable traffic
safety standards. Prior to installation within county rights -of -way, the application shall
be reviewed by the engineering director regarding any effects on sidewalks, ditches,
swales, curbs or other facilities located within rights -of -way or easements. Once a
permit is issued, all construction and improvements shall be subject to inspection by the
engineering department.
SECTION 9. Section 19-43(a), Monroe County Code, shall be amended to read:
(a) The board of county commissioners hereby establishes reasonable application and
permit fees to be charged by the engineering department for activities permitted
hereunder.
SECTION 10. Section 19-43(bxl), Monroe County Code, shall be amended to read:
(1) Where the construction performed is for the benefit of a governmental or
subgovernmental agency and applicable fees are specifically waived on an individual
project -by -project basis by the director of engineering;
SECTION 11. Section 19-43(bX2), Monroe County Code, shall be amended to read:
(2) Where the permittee is under contract to deliver the constructed project over to a
governmental agency upon completion of the project and the director of engineering
has waived applicable fees for such project consistent with subsection (bxl) of this
section;
SECTION 12. Section 1943(c), Monroe County Code, shall be amended to read:
(c) The permit fees designated hereinafter shall be payable upon issuance of the
construction permit in an amount determined by the engineering director pursuant to the
following schedule. In the event a construction permit is denied, only the application fee
shall be payable.
Cu.Ally. Ord Amad ch 19 and 25 Page 5 of 12
As approved Boca 8/19/10
SECTION 13. Section 19-43(d), Monroe County Code, shall be amended to read:
Section 19-43(d� Fees.
(d) The engineering department shall charge and collect fees for the items at rates
listed in the following schedules:
(1) Application fee. A nonrefundable processing fee of $25.00 shall accompany all county
public right-of-way use permit applications. If the permit application is approved, the application
fee will be applied to the permit fees as detailed under subsection (dx2) of this section.
(2) Permit fees Fees for public works construction, under permit issued by the engineering
department, in canal, road and street rights -of -way and easements in the unincorporated area of
the county and in the rights -of -way of canals, roads and streets located within municipalities that
are maintained by the county are established as follows:
a. For installation or repair of sanitary and storm sewers, waterlines, gas lines, and other
underground utilities:
TABLE INSET:
For 100 lineal feet or fewer
$30.00
For each additional 100 lineal feet or fraction thereof
6.25
b. For French drains, consisting of catch basin and seepage trench or slab covered trench:
TABLE INSET:
For the installation consisting of one or two catch basins, and seepage $30.00
trench or soakage pit of lengths not to exceed 100 lineal feet
c. For construction or replacement of sidewalks, curb and gutter:
TABLE INSET:
For 100 lineal feet or fewer
$25.00
For each additional 100 lineal feet or fraction thereof
6.25
d. For construction of driveways:
TABLE INSET:
I For driveway width of 20 feet or fewer 1 $25.00 1
IFor driveway width greater than 20 feet but less than 40 feet (each I
driveway) 15.00
For driveway width greater than 40 feet (each driveway) 120.00
Co.Ariy. Ord Amend C1< 19 and 25 Page 6 of 12
As approved BOCC 9/19/10
e. For construction of street pavements:,
1. One -lane or two-lane pavements (width of pavement zero to 24 feet):
TABLE INSET:
For 100 lineal feet or fewer
$50.00
For each additional 100 lineal feet or fraction thereof
10.00
2. Three or more lanes of pavement (aggregate width greater than 24 feet):
TABLE INSET:
For 100 lineal feet or fewer
$100.00
For each additional 100 lineal feet or fraction thereof
25.00
f. For paving of parkways and shoulders:
TABLE INSET:
For 100 lineal feet or fewer $50.00
For each additional 100 lineal feet or fraction thereof 12.50
g. For construction of curb separators:
TABLE INSET:
For 100 lineal feet or fewer $25 00
For each additional 100 lineal feet or fraction thereof 5.00
h. For construction of bridges:
TABLE INSET:
For bridge roadway area of 1000 square feet or fewer $500.00
For each additional 100 square feet 25.00
i. For installation of permanent type traffic barricades, guardrails and guide posts:
TABLE INSET:
I For each 100 lineal feet or fraction thereof 1$12.50
j. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by DEP):
TABLE INSET:
I For each lineal foot pipe, per foot of pipe diameter or fraction thereof 1 $1.00
Co.AUy. Ord amen. Cho 19 and 25 Page 7 of 12
As approved BOCC 9/19/10
k. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
1. Penalty fees
a. When work for which a permit is required is commenced prior to obtaining a permit,
a penalty fee will be imposed. If the applicant can show that failure to apply for a
permit is based on a good -faith belief that the construction is not affecting the county
right-of-way, the penalty fee may be waived at the discretion of the engineering
director, provided, however, that violators promptly apply for a permit and pay all
applicable fees.
b. The penalty fee shall be $250.00 plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation
from filly complying with all of the requirements of all applicable regulations and
codes, nor shall it relieve any person, firm or corporation from being subject to any
of the penalties therein.
SECTION 14. Section 1944, Monroe County Code, shall be amended to read:
See.19-44. Relocation upon notice by the engineering director.
Any permission granted for construction under this article does not constitute and shall not be
construed as permitting a permanent installation within any public right-of-way. Any facility
permitted within the public right-of-way shall be relocated or reconstructed by the owner at his
sole cost and expense when in irreconcilable conflict with any construction, reconstruction, or
any project performed by the county or its authorized representative, that is deemed to be in the
interest of the general public within 30 days of the request. It shall be the responsibility of the
engineering director to provide notice to the affected permittees at the earliest possible time prior
thereto of any such conflicts, whether actual, possible or planned. Where the owner requests
additional time up to a maximum of 180 days, this may be granted by the office of the
engineering director upon receipt of a letter stating adequate grounds to support the owner's
position that additional time is necessary to complete the relocation. If the extension of time
requested by the owner is denied by the engineering director or an extension in excess of 180
days is desired by the owner, the owner may appeal to the board of county commissioners by
written request; and the time for relocation shall be stayed while the appeal is pending. Where
the county has requested a relocation, permits shall be required to approve the new sites of the
utility facility, but permit fees shall be waived. Utility placements and relocations shall be
governed as provided by general law.
SECTION 15. Section 19-45, Monroe County Code, shall be amended to read:
See.19-45 Emergency repairs.
In the event of an emergency requiring repairs by utility companies to some portion of their
facilities, nothing in this article shall be deemed to prohibit the making of such repairs; however,
emergency repairs shall be reported to the county engineering director the next business day as
provided for in section 19-36. Traffic safety measures must be implemented by the utility. Work
CaAlly. Ord Amend Ch 19 and si Page 8 of 12
As approved BOCC 811 W10
performed as a result of such emergency repairs may continue pending the granting of an after -
the -fact permit.
SECTION 16. Section 19-46, Monroe County Code, shall be amended to read:
See.19-46. Appeals.
Any party claiming to be aggrieved by a decision of the engineering director may appeal to the
board of county commissioners by filing a written notice of appeal with the engineering director
within 30 days of the date of denial. Once a denial has been issued by the County engineering
director or his designee, the aggrieved party shall be restricted to only the appeal to the BOCC
within 30 days of the denial and shall not be allowed to submit a second application or a petition
for clarification, or any other mechanism to attempt to create a new date from which the 30 days
for appeal shall run.
SECTION 17. Section 19-47, Monroe County Code, shall be amended to read:
See. 19-47. Time limits.
(a) Within seven days after receipt of an application for a permit under this article,
the director of engineering (or his designee) shall review the application and shall request
submittal of any additional information the director is permitted by law to require. If the
applicant believes any request for additional information is not authorized by law or
departmental rule, the applicant shall notify the director that the applicant objects, the grounds
therefore, and that he will rely upon his appellate rights under section 19-46 in the event the
permit is denied. Within 15 days after receipt of any submitted additional information, the
director shall review it and may request only that information needed to clarify such additional
information or to answer new questions raised by or directly related to such additional
information. If the applicant believes the request of the director for such additional information is
not authorized by law or department rule, applicant shall notify of his objection and give notice
to proceed to process the permit application. Permits shall be approved or denied within 30 days
after receipt of the original application, the last item of timely requested additional material, or
the applicant's written request to begin processing the permit application, whichever shall have
last occurred. If the application is not approved or denied in writing within 360 days after the last
submittal, it shall be deemed approved and the applicant may demand the permit be issued.
Applications for permits may be denied solely on the basis of actual and irreconcilable conflict
of the proposed work with provisions of the public works manual. Any denial of an application
must state the specific basis upon which the denial is based. The permit shall be considered valid
for six months beginning on the date of issuance unless the commencement date shall be beyond
such time. If work does not commence by the end of this period, the permit shall be considered
void and reapplication shall be necessary. Work must be completed by the completion date
indicated on the application unless the permit is extended upon request to the department of
engineering with an explanation of the basis for such request.
(b) A request may be made to the director of engineering with the filing of an
application for expedited review and processing, and provided that all information required as
described in subsection (a) of this section is submitted with the application, the director shall
make a reasonable effort to review and process the same within five days after receipt.
Co.Ariy. Ord Amend Ch. 19 m125 Page 9 of 12
As approved BOW 8/19/10
SECTION 18. Section 19-48, Monroe County Code, shall be amended to read:
See.19-48. Restoration and penalty.
No person shall use county rights -of -way or easements for any purpose for which a permit is
required by this article without first obtaining a permit therefore unless otherwise authorized by
law. In the event county rights -of -way or easements are used and/or construction or obstruction
takes place without a permit, upon written notice by the engineering director, the person shall
apply for an after -the -fact permit and pay all fees and penalties as provided in Section 19-43 of
this Chapter and shall restore any area for which an after -the -fact permit may not be issued to its
original condition and cease any nonpermitted use except as noted in section 19-43(b).
SECTION 19. Section 25-5, Monroe County Code, shall be created to read:
Sec. 25-5. Prohibition of obstruction of traffic.
It is unlawful for any person or persons willfully to obstruct the free, convenient, and normal use
of any public street, highway, or road in the unincorporated areas of Monroe County by
impeding, hindering, stifling, retarding, or restraining traffic or passage thereon, by standing or
approaching motor vehicles thereon, or by endangering the safe movement of vehicles or
pedestrians traveling thereon, and any person or persons who violate the provisions of this
subsection, upon conviction, shall be cited for a pedestrian violation, punishable as provided in
Sections 25-6, Monroe County Code.
SECTION 20. Section 25-6, Monroe County Code, shall be created to read:
Sec.25-6. Penalties.
(a) Any person cited for a violation of Section 25-5, Monroe County Code is charged
with a noncriminal infraction and shall be cited for such an infraction as well as the
corresponding state statute and shall be cited to appear before the court official who handles
other traffic violations.
(b) Any person cited for an infraction under this section must sign and accept a
citation indicating a promise to appear. The officer may indicate on the traffic citation the time
and location of the scheduled hearing and must indicate the applicable civil penalty established
in s. 318.18.
(c) Any person who willfully refuses to accept and sign a summons is guilty of a
misdemeanor of the second degree.
CO.Aftr. Ord Amend Ch. 19 and 23 Page 10 of 12
As appm ed BOCC 9/19/10
SECTION 21. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 23-3& Parking of trucks, trailers and travel trailers, storage.
(a) Within any residential district, no trucks, trailers or wagons of one -ton or greater
capacity or recreational vehicle -type units, as defined in F.S. § 320.01, in excess of 42 feet in
length and in excess of 8.5 feet in width shall be parked on the paved part of any public right-of-
way, or on private property except within a completely enclosed garage. No trailers of less than
one -ton capacity, including all pleasure boat trailers regarding of capacity, collapsible camping
trailers and cargo trailers shall be parked for storage purposes, including overnight, on any public
right-of-way, but such trailers may be parked on private property in any district pursuant to
subsection (b) of this section and this chapter. Only one recreational vehicle -type unit as defined
in F. S § 320.01, shall be permitted on any one residential or mobile home lot for storage
purposes as provided I this section. Trucks, trailers, wagons, or recreational vehicle -type units as
referred to in this subsection may only be parked on the same lot with and after the principal
structure is erected.
(b) All trailers, motor homes or motor coaches parked in accordance with this article
shall be parked taking into account the setback requirements as is set forth in part II of this Code.
(c) Trailers, motor homes or motor coaches that are parked for storage as per the
provisions of this article shall not be used as a place of habitation.
(d) No motor vehicle of any type shall be stored, including parting overnight, on any
public right-of-way. A motor vehicle parked on a public right-of-way in excess of seventy-two
(72) hours shall be presumed to be stored.
(e) These vehicles must be registered in the name of the owner or the tenant of the
property where they are parked.
(f) A law enforcement officer or parking enforcement specialist who discovers a
vehicle parked in violation of this section may issue a ticket in the form used by the county for
parking violations to the driver or, if the vehicle is unattended, attach the ticket to the vehicle in a
conspicuous place. All parking ticket penalties collected pursuant to this section must be
remitted to the county's general fund.
(g) In the case of a violation of this section, the law enforcement officer or parking
enforcement specialist, in addition to charging the owner or operator with any noncriminal
violation set forth in subsections (a) through (e) of this section, may have the vehicle towed and
impounded at the owner's expense. The cost of such towing and impoundment shall be a lien
against the vehicle. If the county court determines that the noncriminal violation charged was
invalid:
(1) The vehicle must be immediately released without charge and with the lien
provided for in this section automatically extinguished; or
(2) If the owner or operator has paid the cost of towing and impoundment, the
amount paid must be refunded.
CA Any. Ord Amend. Ch. 19 Asd 25 Page 11 of 12
As Approved BOCC V/19/10
SECTION 22. SEVERABHXrY. Should any provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of this
Ordinance as whole, or any part thereof; other than the part declared to be invalid. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
SECTION 23. CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.
SECTION 24. INCLUSION IN THE CODE OF ORDINANCES. 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 25. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the
Department of State as provided in section 125.66(2), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County,Florida,at a regular meeting of said Board held on the I e day of August, 2010.
Mayor Sylvia Murphy
yes
Mayor Pro Tem Heather Carruthers
Yes
Commissioner George Neugent
Yes
Commissioner Mario Di Gennaro
Yes
Commissioner Kim Wigington
Yes
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest DANNY L. KOLHAGE, Clerk OF MONROE CO , FLORIDA
Deputy Clerk Mayor/Chairperson
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As approved BOCC 8/18/10
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1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
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Tallahassee, Florida 32399-0250
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CHARLIE CRIST
Governor
September 13, 2010
STATE LIBRARY AND ARCHIVES OF FLORIDA
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
DAWN K. ROBERTS
Interim Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated September 8, 2010, and certified copies of Monroe County Ordinance Nos. 025-2010 and
026-2010, which were filed in this office on September 13, 2010.
Sincerely,
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Program Administrator
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DIRECTOR'S OFFICE
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