Item R1 T s:uu p.m.runlic hearing fi
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/20/12—KL Department County Attorney
Bulk Item: Yes _ No X Staff Contact Person: Suzanne Hutton X3470
AGENDA ITEM WORDING: 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
10/20/12 BOCC approved Public Hearing for 3:00 p.m. on 11/20/12 in Key Largo,FL
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_ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
ORDINANCE NO. 2012
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA PROVIDING FOR AMENDMENT OF MONROE COUNTY CODE
CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF WATERCRAFT AND VESSELS
WHICH MAY NOT BE STORED IN SECTION 17-2(b); PROVIDING FOR CREATION OF
SECTION 17-6; PROVIDING FOR MOVEMENT OF PROHIBITIONS REGARDING
PARKING AND STORAGE OF TRUCKS, TRAILERS AND TRAVEL TRAILERS FROM
SECTION 25-35 TO SECTION 17-6; PROVIDING FOR ELIMINATION OF INCONSISTENT
LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, The Board Of County Commissioners of Monroe County, Florida on August 18, 2010 approved
Ordinance 25-2010, adding specific sub-sections to Monroe County Code 25-35 for the enforcement and
penalties for traffic and vehicles on Monroe County roads rights-of-way to be enforced by a law enforcement
officer or a parking enforcement specialists; and
WHEREAS, certain sub-sections of the MCC 25-35 also address the storage of vehicles on private property
which is not enforceable by a law enforcement officer or parking enforcement specialist; and
WHEREAS, that portion of section 25-35 which is not enforceable by law enforcement officers should be moved
to a new section (17-6)to allow authorization of enforcement by code compliance officers; and
WHEREAS, the intent of this new section 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 public to expand on the description of watercraft and vessels in
section 17-2(b)to clarify under what conditions watercraft and vessels may not be stored; and
WHEREAS, Section 17-2(c) should be removed to avoid inconsistent interpretations of code compliance
actions;
NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Monroe County, Florida that:
SECTION 1. Section 25-35, Monroe County Code, shall be amended to read:
Sec. 25-35. - , Sstorage of vehicles on County right-of-way
prohibited.
(a)Within any residential district, no trucks, trailers, travel trailers, or wagons 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 stored on the paved part of any public right-of-way.LeFen private
No trailers of less than one-ton capacity, including all
pleasure boat trailers regardiagless of capacity, collapsible camping trailers and cargo trailers shall be parked
OnGluding eyernight,_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.
Ord.Changing Ch. 17&25 1
Fes*deRtial OF mobile home lot feF steFage purposes as pFevided 'R this seGt*GR. T-FUGks, tFaiIeFs, waqGR6, OF
!at With
WLOLNo 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.
paFked.
4Lcl 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.
(q}L4)_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)
u 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:
Section 17-2. Inoperative
Vehicles and Watercraft
(a) Within all land use districts except Industrial ill 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 I1 districts, all watercraft that are wrecked, inoperative,and/or
Partially dismantled and/or tinlisepsed any vessel that is stored on a boat trailer that not is ready for highway use
Ord.Changing Ch. 17&25 2
shall be prohibited on any waterway, shore, private or public property unless
contained in a completely enclosed building.
SECTION 3 Section 17-6, Monroe County Code, shall be created to read:
Section 17-6 Parking and Storage of Trucks, Trailers and Travel Trailers
(a) Prohibited: Within any residential district, no trucks, trailers, travel trailers, or buses of one-ton or greater
capacity or recreational vehicle-type units, as defined in F.S. 4 320.01, 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 or contract for
services.
(b) ) 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:
(1)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.
(2)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.
(3)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.
(4)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.
(5) 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.
Ord.Changing Ch. 17&25 3
SECTION 4: 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 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.
SECTION 6: 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 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 Tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
VED AS TO ............
S NHUTTON
coulmr EY
Ord.Changing Ch. 17&25 4
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on November 20, 2012 at
3:00 P.M., or as soon thereafter as may be heard, at the Murray E. Nelson Government Center,
102050 Overseas Highway, Key Largo, 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 PROVIDING FOR AMENDMENT OF MONROE
COUNTY CODE CHAPTERS 17 AND 25; PROVIDING CLARIFICATION OF
WATERCRAFT AND VESSELS WHICH MAY NOT BE STORED IN SECTION 17-
2(b); PROVIDING FOR CREATION OF SECTION 17-6; PROVIDING FOR
MOVEMENT OF PROHIBITIONS REGARDING PARKING AND STORAGE OF
TRUCKS, TRAILERS AND TRAVEL TRAILERS FROM SECTION 25-35 TO
SECTION 17-6; PROVIDING FOR ELIMINATION OF INCONSISTENT
LANGUAGE; 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 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 17`h day of October, 2012.
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:
KW Citizen (Fr) 10/19/12
Keynoter (Sa) 10/20/12
Reporter (Fr) 10/19/12
STATE OFFLORIDA
Cooke Corramunications®LLC
Floridae
PO Box 00 f.Citizen, says that he isVice-.President" o ��Operations of� hErickson,.
Before the undersigned authority zn
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Office.w.,.305d292-7777 C itu en, a daily newspaper published in Key ty,
Extension ..x219 Florida that the attached copy of advertisement,ent, being a legal,, notice in the
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INTERNET PUBLISHING
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Sclares HiH , f"ffauut further says that the Key West Citizen is a newspaper published in
Big Pine II'wree Press
Marathon Free Press Key West, in said Monroe Cou pity, Florida and that the said newspaper has
Isiarnorada Free Press h ret fil-We been continuously published in said Monroe County, Florida every
Key I,,.airgo Fine IfDiress
day, and has been entered as second-class maul matter at the post office in Key
MARKETING SERVICES West, in said Monroe Cot°mty, Florida, fi3r a period of f, year next preceding
C•oaTamerdW Printing
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3420 N®rthside Drive
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NOTICE IS HEREBY GIVEN TO
WHOM T MAY CONCERN th t
May be heard,,01 the Murray E.
Nelson Government Center,,
1,0 o overseas Highway,Key'
Large,Monroe ou nty,Florida,
the Board of Cointy
Coninjissioners of Monroe County,
Ronda,intends to consider the
adoption of the fog "Irrg County
ordinance:
AN ORDINANCE OF THE
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TRO CKS,fikiiiiiii,AND
TRAVELTRAILEAS FROM DANNY L.KCX,H ', Obis ref than
SECTION TO SECTION Irdaait Court
17 ;PROVIDING FOR and ex offimioIdrla Board of
ELIMINATION 1 Qx#*Carnin, "Wrien of Monroe
II NStS TFI "C LAN I,AA t County,Florld
PROVIDING
EVCRAOIUTY PROVIDING OGAobe III,201
FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR
INCORPORATION INTO THE
,MONROE COUNTY CODE OF
OADINAN+ 9 AND PROVIDING
AN EFFECTIVE DATE.
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