Item R10BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2013 - KW Division: County Attorney
Bulk Item: Yes _ No x Department: County Attorney
Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING:
A public hearing for an ordinance amending Section 19-33 of the Monroe County Code to provide an
exception for homeowner's associations to obtain a permit for limited landscaping around wastewater
lift stations in County public right-of-way when the homeowner's association agrees to be responsible
for the maintenance of the landscaping.
ITEM BACKGROUND:
With the implementation of wastewater treatment systems in Monroe County, wastewater lift stations
are being installed in the County's public right-of-way. A homeowner's association has requested for
an exception to be made to the code to allow limited landscaping around the wastewater lift station. In
order to avoid costly maintenance for the County in the future, the homeowner's association will be
solely responsible for all maintenance of landscaping.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC enacted Ordinance No. 25-2010, § 2 which prohibits a permit to be issued for boulders or
landscaping within the county public right-of-way. The Board gave direction at the May 2013 regular
meeting for staff to revise the Code to allow for an exception as set forth above.
6/19/13 BOCC approved a public hearing for July 16, 2013 in Key West, FL at 3:00 p.m.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
COST TO COUNTY: N/A
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
C
UNTY So�19NROE
KEY WESTDA 33040
(305)294-4641
Robert B. Shillinger, County Attorney**
Pedro J. Mercado, Assistant County Attorney **
Susan M. Grimsley, Assistant County Attorney**
Natileene W. Cassel, Assistant County Attorney**
Cynthia L. Hall, Assistant County Attorney **
Christine Limbert-Barrows, Assistant County Attorney **
Derek V. Howard, Assistant County Attorney
Lisa Granger, Assistant County Attorney
Steven T. Williams, Assistant County Attorney
** Board Certified in City, County & Local Govt. I.aw
MEMORANDUM
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tern, Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
Office of the County Attorney
1111 120' Street, Suite 408
Key West, FL 33040
(305) 292-3470 —Phone
(305) 292-3516 — Fax
To: Mayor & County Commissioners
From: Christine Limbert-Barrows, Assistant County Attorne3(101
Through: Bob Shillinger, County Attorney
Date: 6/4/2013
Re: Amendment to Section 19-33, Monroe County Code, to allow a right-of-way permit to be
issued for limited landscaping surrounding wastewater lift stations in public County right-of-way when the
homeowner's association agrees to be solely responsible for the future maintenance
With the current and ongoing installation of wastewater systems in Monroe County, wastewater lift
stations are also being installed in the County's public right-of-way. At the May 2013 regular meeting, the
board upon the request of a homeowners association, directed staff to amend the Monroe County Code to
allow for limited landscaping in these areas when the homeowner's association agrees the maintain the
planted landscaping.
The County has the authority to "regulate the placement of signs, lights, and other structures within the right-
of-way limits of the county road system" pursuant to F.S. 125.01(1)(m). Section 19-33, Monroe County Code
("MCC") requires permits for construction and improvements in existing right-of-way. F.S. 316.025(1)
The Board of County Commissioners in 2010 amended Section 19-33 to prohibit permits to be issued for
boulders or landscaping within the County's public right-of-way to preserve functionality of the right-of-ways
and to maintain traffic flow and apply safety standards. (See Ordinance No. 025-2010 §2- attached as back-
up)
With the proposed amendment to Section 19-33, the MCC will now provide an exception to the prohibition on
permits being issued for landscaping within the county's public right-of-way. The exception provides that the
Director of Engineering Services may issue a permit for "limited landscaping around wastewater lift stations
when the association provides a written agreement recorded in Monroe County Official Records that promises
for all maintenance of landscaping to be the sole responsibility of the association." The County in order to
bind the homeowner's association shall require that a "right-of-way landscaping agreement" (Attached herein
as exhibit "A") be provided as a condition to the permit being issued. The County will ensure that the
homeowners/property association has approved the agreement by requiring the association to provide board
minutes indicating such approval. The landscaping agreement includes language that ensures that the person
signing has the authorization to sign on behalf of the association and it also includes language that will bind
the association's successors.
2
RIGHT-OF-WAY LANDSCAPING AGREEMENT
This agreement entered into this day of , 2013 by
PROPERTY/HOMEOWNERS ASSOCIATION, a not -for -profit Florida
Corporation, hereinafter "Association".
WHEREAS, in 2010 the Monroe County Code ("Code") was amended to prohibit
permits to be issued for boulders or landscaping within the County's public right-of-way; and
WHEREAS, with the current and ongoing installation of wastewater systems in Monroe
County, wastewater lift station are being installed in the County's public right-of-way; and
WHEREAS, the ASSOCIATION desires to plant limited landscaping to beautify the
area immediately surrounding the wastewater lift stations in Key; and
WHEREAS, the ASSOCIATION in order to obtain a permit is required to provide a
agreement to maintain the landscaping so the County will not be burdened with the cost of
maintenance; and
WHEREAS, The Monroe County Board of County Commissioners (BOCC) approved
Ordinance -2013 that amends the Code to allow for right of way permits to be issued
for landscaping around wastewater lift stations within the County right-of-way by property
owners/homeowners associations when the association provides a written agreement recorded in
Monroe County Official Records that promises for all maintenance of landscaping to be the sole
responsibility of the association;
NOW THEREFORE, for and in consideration of the understanding hereinafter set forth the
Association agrees and covenants as follows:
1. The ASSOCIATION will conduct the landscaping in accordance with the terms of the right
of way permit issued by Monroe County Engineering Department. The Association will submit
the proposed locations of the landscaping and species of landscaping as part of the right of way
permit application for review and approval by the County.
2. DUTIES OF ASSOCIATION. The ASSOCIATION will be solely responsible for any and
all parties who perform landscaping installation and/or maintenance and the County will in no
way be responsible or liable for any injury caused by the tools, materials, or equipment used by
the Association and its Contractors.
3. PAYMENT. The ASSOCIATION is solely responsible for all costs incurred in carrying out
the landscaping project. It is understood by the parties that the County is to incur no cost for the
landscaping project. There are no third party beneficiaries to this Agreement, and no contractor
or sub -contractor or any other person or entity that shall look to County for payment.
4. INDEMNIFICATION. THE ASSOCIATION does hereby hold harmless, indemnify and
defend the County and its commissioners, officers, employees, and agents from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) arising from any injrT*oMemorManCd0t=
a nnection with this Agreement.
6 u nijiii
MBIIT
A
5. COMPLIANCE WITH LAWS. THE ASSOCIATION will comply with all laws,
ordinances, and governmental rules and regulations which apply to its activities on the property.
THE ASSOCIATION will obtain all necessary permits and or authorization as may be required
by the regulatory agencies.
6. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida applicable to contract made and to be
performed entirely in the State. In the event that any cause of action or administration proceeding
is instituted for the enforcement or interpretation of this Agreement, the Parties agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida. Venue for anM suits or actions of any kind and any mediation shall be in and governed
by the rules of the 16 Judicial Circuit Court in Monroe County, Florida. This Agreement shall
not be subject to arbitration.
7. TERMINATION/REVOCATION OF PERMIT. Nothing contained in this agreement will
replace or supersede the County's authority to terminate a right of way permit as outlined in
Monroe County Code Section 19 and/or the Monroe County Right of Way permit form.
8. AUTHORIZED SIGNATORY: The signatory for THE ASSOCIATION, below, certifies
and warrants that:
(a) The homeowner's association name in this agreement is its full name as designated in its
corporate charter.
(b) He or she is empowered to act for the Homeowner's association.
(c) This agreement has been approved by the ASSOCIATION's Board of Directors and/or
members.
Further, the Homeowner's association shall, upon execution of this agreement, provide proof of
incorporation, a list of its Board of Directors, and board minutes approving this agreement.
9. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and the ASSOCIATION and their respective
legal representatives, successors, and assigns.
PROPERTY OWNERS
ASSOCIATION
ATTEST:
WITNESS
By: Title:
WITNESS
0
ORDINANCE -2013
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
19-33 OF THE MONROE COUNTY CODE; PROVIDING
FOR AN EXCEPTION TO RIGHT-OF-WAY USE
PERMITS TO ALLOW LIMITED LANDSCAPING BY
HOMEOWNERS ASSOCIATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 2010 the Monroe County Code ("Code") was amended to prohibit
permits to be issued for boulders or landscaping within the County's public right-of-way; and
WHEREAS, with the current and ongoing installation of wastewater systems in Monroe
County, wastewater lift stations are being installed in the County's public right-of-way; and
WHEREAS, property/home owners associations in these areas have expressed a desire
to plant limited landscaping to beautify the area surrounding the wastewater lift stations; and
WHEREAS, the property/homeowner association in order to obtain a permit should be
required to provide a agreement to maintain the landscaping so the County will not be burdened
with the cost of maintenance; and
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 19-33 shall be amended to read as follows:
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, except that a property/homeowners association as set forth in
Chanter 720, Florida Statutes may be issued a permit for limited landscaping around wastewater
lift stations when the association provides a written agreement recorded in Monroe County
F1
Official Records that promises for all maintenance of landscaping to be the sole responsibility of
the association.
SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held invalid
or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance: 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 3: 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 4: INCLUSION IN 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 5: 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 th day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA
M.
Deputy Clerk
q
Mayor/Chairperson
MONROE COUNTY ATTORNEY
/PPROVED AS TO FORM:
CHRISTINE M. LIMBERT-BARROWS
ASS741
NTY ATTORNEY
Date�
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 17, 2013 at 3:00
P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1100 Truman
Avenue, Key West, 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 MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING SECTION 19-33 OF THE MONROE COUNTY
CODE; PROVIDING FOR AN EXCEPTION TO RIGHT-OF-WAY USE
PERMITS TO ALLOW LIMITED LANDSCAPING BY HOMEOWNERS
ASSOCIATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides 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.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8.30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting,
if you are hearing or voice impaired, call ' 711'
Dated at Key West, Florida, this 190' day of June, 2013.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL)
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Fr) 6/28/13
Keynoter (Sa) 6/29/13
Reporter (Fr) 6/28/13
ADDITIONAL BACK-UP:
BOCC 6/19/13 Item R-6 Agenda Backup
Ordinance No. 025-2010
BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: _
June 19,
2012 - Marathon
Division:
County
Attorney
Bulk Item: Yes
X
No _
Department:
County
Attorney
Staff Contact Person: Christine Limbert-Barrows
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance amending Section 19-33 of the Monroe County
Code to provide an exception for homeowner's associations to obtain a permit for limited landscaping
around wastewater lift stations in County public right-of-way when the homeowner's association
agrees to be responsible for the maintenance of the landscaping.
ITEM BACKGROUND:
With the implementation of wastewater treatment systems in Monroe County, wastewater lift stations
are being installed in the County's public right-of-way. A homeowner's association has requested for
an exception to be made to the code to allow limited landscaping around the wastewater lift station. In
order to avoid costly maintenance for the County in the future, the homeowner's association will be
solely responsible for all maintenance of landscaping.
PREVIOUS RELEVANT BOCC ACTION: The BOCC enacted Ordinance No. 25-2010, § 2 which
prohibits a permit to be issued for boulders or landscaping within the county public right-of-way. The
Board gave direction at the May 2013 regular meeting for staff to revise the Code to allow for an
exception as set forth above.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise.
TOTAL COST: Adve ismu, Q,od BUDGETED: Yes — No _
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _, No _ AMOUNT PER MONTH Year
APPROVED BY: County A4 �'X OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Not Required
AGENDA ITEM # 'w
* 3:00 PAL PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 1& 2010 Mj
Bulk Item: Yes _ No
Staff Coact PersowThone #: 3470/Suzane Hutton
AGENDA ITEM WORDING: A public hearing to consider adoption ofa. County Ordinance to amend
sectioms of Chapters 19 and 25 of the Monroe County Code to clarify prohKAW uses of County right"f-
way and provide fitnitations on appeals processes, additional enforcement measures, penalties and
increased fives for permits.
ITEM BACKGROUND: MCC cu rewy requires permits for consftuchon or improves in adstmg
rights -of -way and County roads and streets and Florida Statutes prohibits the obstruction of the normal
use of a public street or road. This public hearing and proposed ordwswe is being presented in response
to the vohnne of citiaon complaints and incidents involving obstruction of our streets and r4fts-of-way by
xmi-pamanamt structures within the d&-of-way, on or off the pavement, Eor wbwh neither tbe, costing
MCC, nor FlaStatames, effecrinly clarify nor provide adequm enbroemenct measu m to alleviate the
problem. The proposed orb amends Chapters 19 and 25 of the Monroe County Code to clarify
prohg)ited uses of County streaft and rights -of way and provides limitations on appeal processes,
additional enforcement meamum pemakies and increases Sees for pammts in as effiort to effioctively add:+ess
tie issues.
PREVIOUS RELEVANT BOCC ACTION:
6116110 BOCC approved public hearing for 7t21/10 @ 3:00 p= in Key West, FL (P-4)
7/2U10 BOCC coUtboad public hearing to 8/18/10 @ 3:00 p.m. in Key Largo, FL (S3)
CONTRACT/AGREEMENT GES: -
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: BUDGETED: Yes ,_ No _
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTR Year
APPROVED BY: County Atty — OMB/Purdmsing Risk Mawracat
DOCUMENTATION: 1whidead —_ Not Required
DISPOSITION:
Revised 1/09
AGENDA ITEM # V- J-
VeNiseci " 07ho
��
ORDINANCE NO. 0 — 2010 Mayor Murphy
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 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 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 safety 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.Atty. Ord Amend. Ch. 19 and 25 Page 1 of 12
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 road 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 subgovernmental 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 en ' eering pnblie 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
Co-Atty. Ord Amend. Ch. 19 and 25 Page 2 of 12
Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Cooperative
Association, Inc. and/or their successors, affiliates, subsidiaries or assigns.
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 pablie wer-ks-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:
Sec.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:
Sec. 19-35 Permit review by the county pubhe-w� engineering director.
The board of county commissioners hereby authorizes and empowers the publie-wedEs
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 19-45 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 pWAie
weiks director.
Co.Atty. Ord Amend. Ch. 19 and 25 Page 3 of 12
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 publie-works
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(b)(3), 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 publie-work 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 publie-werks director, the permit shall not be effective for any purpose
whatsoever until the applicant, or his designated representative, delivers to the county
engineering publie wed. —Es 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 publie-weAs 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 publis wedEs 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 peblie-weri£e
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.
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 publie-wed—Es
department.
Co.Atty. Ord Amend. Ch. 19 and 25 Page 4 of 12
SECTION 8. 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 pubke werks 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,peblie efls-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 pubks-werEs-department for activities
permitted hereunder.
SECTION 10. Section 19-43(b)(1), 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 publie-werks;
SECTION 11. Section 19-43(b)(2), 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
publie,we s has waived applicable fees for such project consistent with subsection
(b)(1) of this section;
SECTION 12. Section 19-43(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 pubgs-werks director pursuant to the
following schedule. In the event a construction permit is denied, only the application fee
shall be payable.
SECTION 13. Section 19-43(d), Monroe County Code, shall be amended to read:
Section 19-43(d). Fees.
(d) The engineering p>}ie weds -department shall charge and collect fees for the items
at rates listed in the following schedules:
(1) Application fee. A nonrefundable processing fee of $10.00 $25.00 shall accompany all
county public right-of-way use permit applications. If the permit application is approved, the
Co.Atty. Ord Amend. Ch. 19 and 25 Page 5 of 12
application fee will be applied to the permit fees as detailed under subsection (d)(2) of this
section.
(2) Permit fees. Fees for public works construction, under permit issued by the engineering
Elie-werks 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
$14.09 12P.00
For each additional 1O0 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
trench or soakage pit of lengths not to exceed 100 lineal feet MONO
c. For construction or replacement of sidewalks, curb and gutter:
TABLE INSET:
For 100 lineal feet or fewer
240 125.00
For each additional 100 lineal feet or fraction thereof
6.25
Co.Atty. Ord Amend. Ch. 19 and 25 Page 6 of 12
d. For construction of driveways:
TABLE INSET:
For driveway width of 20 feet or fewer 1 $19.09 $25.00
For driveway width greater than 20 feet but less than 40 feet (each I15.00 I
driveway)
For driveway width greater than 40 feet (each driveway) 120.00 I
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 $AAA ILQ.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
sxmx) 1100.00
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 $2&.A9 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 $P1.9025 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 150.00
For each additional 100 square feet 25.00
Co.Atty. Ord Amend. Ch. 19 and 25 Page 7 of 12
i. For installation of permanent -type traffic barricades, guardrails and guide posts:
TABLE INSET:
I For each 100 lineal feet or fraction thereof I $12.50 I
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 I $1.00 I
k. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
(3) Penaltyfees.
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 Publie weEks director; provided, however,
that violators promptly apply for a permit and pay all applicable fees.
b. The penalty fee shall be $25.00 $250.00 lus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully
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 19-44, Monroe County Code, shall be amended to read:
ISee.19-44. - Relocation upon notice by the enzineering publie work 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 p ie-we
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 pubke Wrer&s 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
peblie wer-k 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
Co.Atty. Ord Amend. Ch. 19 and 25 Page 8 of 12
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:
Sec.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
publie director the next business day as provided for in section 19-36. Traffic
safety measures must be implemented by the utility. Work 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:
Sec.19-46. Appeals.
Any party claiming to be aggrieved by a decision of the engineering pubije-weA
director may appeal to the board of county commissioners by filing a written notice of appeal
with the engineering pubke-wer-ks director within 30 days of the date of denial. Once a denial
has been issued by the County engineering _pablie-weEk& 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:
Sec.19-47. Time limits.
(a) Within seven days after receipt of an application for a permit under this article, the director
of peblie-we.d—Es 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 may file an appeal to the beffd of eounty ee
. 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's-Fequest, 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
Co-Atty. Ord Amend. Ch. 19 and 25 Page 9 of 12
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 ofpublie-works engineering with an explanation of the basis for such
request.
(b) A request may be made to the director of engineering peblie-wedEs 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.
SECTION 18. Section 19-48, Monroe County Code, shall be amended to read:
Sec.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 the use is e*isting upon
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 pablie-wedEs
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-theFe€eF-and shall restoreAw gWarea 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 Rublic street highway, or road in the unincorporated areas of Monroe County b
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
Co.Atty. Ord Amend. Ch. 19 and 25 Page 10 of 12
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 acce t 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.
SECTION 21. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. Parking of trucks, trailers and travel trailers, storage.
(a) Within any residential district, no trucks, trailers or wagons of one -ton or greater capac' or
recreational vehicle -type units, as defined in 320.01, in excess of 42 feet in len d in
excess of 8.5 feet in width shall be park e
pave part any public right -of --way, or on private property except within a complete y
ose 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 storag
purposes, including overnight, on any public right-of-way, but such trailers may be parked o
private property in any district pursuant to subsection (b) of this section and this chapter. Onl
one recreational vehicle -type unit as defined in F.S § 320.01, shall be permitted on any on
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_ parking 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 -vVehicles stored on non-commercial private property must be registered in the
Le name of the owner or the tenant of the property where they are parked.
( 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
Co.Atty. Ord Amend. Ch. 19 and 25 Page 11 of 12
A91)
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
Raid must be refunded.
SECTION 22. 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 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 day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNT i AT TOI a IEV
ARI
}�R(�V A5 Tb FORM:
ORNE Li. LIMBER -BARROWS
Co.Atty. Ord Amend. Ch. 19 and 25 Page 12 of 12 ASSISTA , ou Ll' ATTORNEY
Date
NOTICE OF INTENTION TO CONSIDER
ADOPEUM PF COUM ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 21, 2010 at 3:00
P.M., or as soon thy' as may be beard, at the Harvey Governwant Center, IM Tan
Avenue, Keg West, MORM County, Florida, the Board of County Comte of Monroe County,
Florida, intends to consider the adoption of the followmg County ordmaaoe:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISMONERS OF
MONROUNTY CODF-
CHAPTK RS 19AND A PROVIDING CLARIFICATYON OORIDA AMENDING MONROZ, F PROHIBITED
USES OF RIGHTS -OF -WAY; PROVIDING FOR LUMATION ON ATLMMPTS
TO CatCUMVENT THE APPEALS PROCESS BY EXCLUDING TB
SUB1Y M014 OF NEW APPLICATYONS OR REQ
CLARMCATION TO START THE APPEAL TIME PERIOD RUNNING ANEW;
PROVIDING PENALTIES; PROVIDING ADDITIONAL ENFORCEMENT
M EASUMS AND PROCEDURES; PROVIDING FORE O�� � FOR
pERMM,- PROVIDING FOR SEVIMABIG1TY,
THE
REPEAL OF ALL ORDINANCES INCONSI HEREW+ 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 derided to appeal any
decision muds by the Board with respect to any maw O nddared at such hearinp or he wN
need a record of the proceedinn and that, for such purpose, he may need to ensum that a vabatim
record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
ADA ASSI.STANC - If you are a perann with a disability who needs special awomwdWftm in order to
p Weipate in these p owgd"K please wnaw the County A&xWstrator's o lee, by pbmft (305) 292-4441.
between the hours of 8:30 a.aL - 5.00Am., no lager dean ten (10 calendar dap prior to die scheduled meet►ng: if
you are hearing or voice impaired call '711 ".
Dated at Key Nest, Flmida, this le day of June, 2010.
DANNY L. KOLHA(K Clerk of the C-Hxmk Court
(SEA,) and ex officio Clerk ofthe Board of County
Commoners of mmw County, Florida
Reporter (Fr) 6&"0
Keynoter (Sa) 61mo
KW Citizw (So) 6127/10
* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2010 (KL}
Bulls Item: Yes _, No X
Division/Departrnent: County Attorney
Staff Contact Person/Phone #: 3470/Suzanne Hutton
AUMNDA ITEM WORDING: A public hearing to consider adoption of a County 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 improvements in existing
rights -of -way and County roads and streets and Florida Statutes prohibits the obstruction of the normal
use of a public street or road. This public hearing and proposed ordinance is being presented 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 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
prohibited uses of County streets and rights -of -way and provides limitations on appeal processes,
additional enforcement measures, penalties and increases fees for permits in an effort to effectively address
these issues.
PREVIOUS RELEVANT BOCC ACTION:
6/16/10 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 8/18/10 @ 3:00 p.m. in Key Largo, FL (S3)
l:UN TRAC TIAGREEMENT CHANGES:
JTAm'I" REC UMIYILNDATIONS: 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/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION
Revised 1109
AGENDA ITEM #
Mayor Murphy
ORDINANCE NO. — 2010
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 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 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 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 safety 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;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1. Section 19-33, Monroe County Code, shall be amended to read:
Co.Atty. Ord Amend. Ch. 19 and 25 Page 1 of 7
Sec.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, boulder,
landscaping, 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.
SECTION 2. Section 19-43(d), Monroe County Code, shall be amended to read:
Section 1943(d). Fees.
(d) The public works department shall charge and collect fees for the items at rates
listed in the following schedules:
(1) Application fee. A nonrefimdable processing fee of $10.00 500.00 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 (d)(2) of this
section.
(2) Permit fees. Fees for public works construction, under permit issued by the public works
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 $1400 $30.00
For each additional 100 lineal feet or fraction thereof 6.25
b. For French drains, consisting of catchbasin and seepage trench or slab covered trench:
TABLE INSET:
For the installation consisting of one or two catch basins, and seepage $12.50
trench or soakage pit of lengths not to exceed 100 lineal feet 30.00
c. For construction or replacement of sidewalks, curb and gutter:
TABLE INSET:
For 100 lineal feet or fewer $12-58 $26.00
For each additional 100 lineal feet or fraction thereof 16.25
Co.Atty. Ord Amend. Ch. 19 and 25 Page 2 of
d. For construction of driveways:
TABLE INSET:
For driveway width of 20 feet or fewer 1 $10.60 25.00
For driveway width greater than 20 feet but less than 40 feet (each
driveway) 15.00
I For driveway width greater than 40 feet (each driveway) 120.00
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 $24 A9 $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 00.00- $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
$26..00 $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 S'�0- $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 $100.00- $500.00
For each additional 100 square feet 25.00
Co.Atty. Ord Amend. Ch. 19 and 25 Page 3 of 7
i. For installation of permanent -type traffic barricades, guardrails and guide posts:
TABLE INSET:
For each 100 lineal feet or fewer I $12.50
j. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by DEP):
TABLE INSET:
For each lineal foot pipe, per foot of pipe diameter or fraction thereof 1 $1.00 1
k. A permit fee for a multiple -pipe culvert shall be determined by regarding the aggregate
lengths as one continuous pipe.
(3) Penaltyfees.
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 public works director; provided, however, that
violators promptly apply for a permit and pay all applicable fees.
b. The penalty fee shall be $25 99 $250.00 plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person, firm or corporation from fully
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 3. Section 19-46, Monroe County Code, shall be amended to read:
See. 1946. Appeals.
Any party claiming to be aggrieved by a decision of the public works director may appeal
to the board of county commissioners by filing a written notice of appeal with the public works
director within 30 days of the date of denial. Once a denial has been issued by the County public
works 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 4. Section 19-47, Monroe County Code, shall be amended to read:
Sec.19-47. Time limits.
(a) Within seven days after receipt of an application for a permit under this article, the director
of public works (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
may ffFsuantshall notify
the director that the applicant obiects the grounds therefore and that he will rely won his
appellate rights under section 19-46 in the event the permit is denied Within 15 days after
Co.Atty. Ord Amend. Ch. 19 and 25 Page 4 of 7
receipt of sueh-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, the
dega4Fwnt; at- the -applicaa est-, 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 -60 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 public works
with an explanation of the basis for such request.
(b) A request may be made to the director of public works 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.
SECTIONS. Section 19-48, Monroe County Code, shall be amended to read:
Sec.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 Ow use is exisfing Upeft
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 public works 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-themfer-and shall restore -the gn3r 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 6. 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, stiflin& 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 violatio% MjWshable as provided in Sections 25-6 Monroe County Code
Co.Atty. Ord Amend. Ch. 19 and 25 Page 5 of 7
SECTION 7. Section 25-6, Monroe County Code, shall be created to read:
See.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 nay indicate on the traffic citation the time and
location of -the scheduled hearing and must indicate the applicable civil penalty established in
318.18.
(c) Any person who willfully refuses to accept and sign a summons is guilty of a misdemeanor
of the second degree.
SECTION 8. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. 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-ways 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 parking overnight, on any public
ri t-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.
fie,) These vVehicles stored on non-commercial private property must be registered in the
name of the owner or the tenant of the property where they are parked.
(f) A law enforcement offices or parking.enforcement specialist who discovers a vehicle parked
in violation of this section may issue a ticket in the form used by the count+ for paridng
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.
Co.Atty. Ord Amend. Ch.19 and 25 Page 6 of 7
(M in the case of a violation of this section the law enforcement officer or parking enforcement
s ecialis in addition to charging the owner or operator with any noncriminal violation set forth
to 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.
SECTION 9. 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 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 10. 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 11. 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 12. 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 day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner George Neugent
Commissioner Mario Di Gennaro
Commissioner Kim Wigington
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By.
Deputy Clerk
By
Mayor/Chairperson
190i IROE COUNTY ATTORNEY
AR VED AS F-R
Co.Atty. Ord Amend. Ch. 19 and 25 Page 7 of 7
JZANI . HU't7Ot�
CirJ"��A rov"INEY
...L///D
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on July 21, 2010 at 3:00
P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200 Truman
Avenue, Key West, 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 MONROE COUNTY CODE
CHAPTERS 19 AND 25; PROVIDING CLARIFICATION OF PROHIBITED
USES OF RIGHTS -OF -WAY; PROVIDING FOR LRMTIATION 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 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.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in these proceedings, please contact the County Administrator's Offlce, by phoning (305) 292-4441,
between the hours of 8:30 a. m. - S. 00 p. m., no later than ten (10 calendar days prior to the scheduled meeting; if
you are hearing or voice impaired, call 11711 ".
Dated at Key West, Florida, this I& day of June, 2010.
DANNY L. KOLHAGE, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
Reporter (Fr) 6/25/10
Keynoter (Sa) 6/26/10
KW Citizen (Su) 6/27/10
Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office .... 305-292-7777
Extension ........ x219
Fax ....... 305-295-8026
lecals(fkevsnews com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys.com
key-west.com
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
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ISlamorada Free Press
Key Largo Free Press
MARKETING SERVICES
Commercial Printing
Citizen Locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing / Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
Citizen (altie 1MLcom
Intemet Division
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52.5)
33050-3342
Tel 305-743-8766
Fax 305-743-9977
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Upper Keys Office
91731 Overseas Hwy
Tavernier, FL 33070
Tel 305-853-7277
Fax 305-853-0556
freepressQ11oridakeys.com
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice -President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of
was published in said newspaper in the issue(s) of
`•J
Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, and has been entered as second-class mail matter at the post office in Key
West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any
discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Signature of Affiant
Sworn and subscribed before me this 3d day of/d 2010
Notary Public:
Marsha F. Kirkwood
Expires: September 15, 2013
"•':s MARSHAFKIRKWOOD
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EXPIRES, September is, 2013
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Doted at Kay Wes, Florida, this
23rd d6y of'Jul% 2010.
DANNY L KOUTAIGE,
Clerk of 2ra Chad Court
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