Item S4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012 Division: County Attorney's Office
Bulk Item: Yes x No _ Department:
Staff Contact Person/Phone #: Cvnthia Hall, x 3174
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an ordinance creating section 2-25(e) of the Monroe County
Code, stating that individuals and business entities with outstanding code compliance fines will not be
eligible to receive grants, contracts and development orders until the fines are resolved.
ITEM BACKGROUND: Currently, nothing in Monroe County Code prevents an individual or
business entity with outstanding code compliance fines from receiving grants, contracts, and
development orders. This proposed ordinance would prevent an individual or business entity from
receiving funds through grants or contracts, or development orders, until such time as the code
compliance fines are paid or settled.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
Not applicable
STAFF RECOMMENDATIONS:
Approval to advertise a public hearing to be held in Marathon on June 20, 2012.
TOTAL COST: 200 INDIRECT COST: N/A
BUDGETED: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
24�
APPROVED BY: County Atty OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required,
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. -2012
AN ORDINANCE OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS CREATING SECTION
2-25(e) OF THE MONROE COUNTY CODE; SETTING A
POLICY NOT TO AWARD GRANTS, CONTRACTS OR
DEVELOPMENT ORDERS TO PERSONS OR BUSINESS
ENTITIES WITH OUTSTANDING CODE COMPLIANCE
FINES UNTIL SUCH TIME AS THE FINES ARE
RESOLVED; 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, each year, the Monroe County Board of County Commissioners awards
significant sums of money in the form of grants from various funding sources, including but not
limited to tourist development taxes and ad valorem taxes, to not -for -profit and for -profit entities;
and
WHEREAS, in addition, Monroe County enters into numerous contracts with third party
vendors for the purchase of goods and services; and
WHEREAS, in addition, pursuant to Chapter 163, F.S., from time to time the County
issues development orders as that term is defined in Section 163.3164, F.S. to property owners;
and
WHEREAS, it is the desire of the Board of County Commissioners that grants, contracts,
and development orders only be awarded to persons and entities that are compliant with the
provisions of the Monroe County Code and have no outstanding unpaid fines arising out of Code
Compliance cases, and that grant monies and contract funds not be used to correct prior Code
violations or to pay outstanding Code Compliance fines.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
SECTION 1. A new section 2-25(e) is added to read as follows:
Individuals and business entities with outstanding code compliance fines including
administrative costs shall not be eligible to receive grants, contracts and development
orders from the county until such time as the fines are resolved through payment or
settlement.
SECTION 2. 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 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 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 5. 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 , 2012.
Mayor Rice
Mayor Pro Tern Wigington
Commissioner Neugent
Commissioner Carruthers
Commissioner Murphy
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairperson
MONROE COUNT Y ATTORNEY
AP 0 D T IRII:
.,
YNTH A L. HALL
ASSISTANT COUNTY ATTORNEY
Date
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