Ordinance 027-2003 •
ORDINANCE NO. 027-2003
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA;
RELATING TO THE PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN MONROE COUNTY,
FLORIDA; AUTHORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER -ASSESSMENTS
AGAINST PROPERTY;PROVIDING CERTAIN DEFINITIONS
INCLUDING A DEFINITION FOR THE TERM
"WASTEWATER ASSESSMENT"; ESTABLISHING A
PROCEDURE FOR IMPOSING WASTEWATER
ASSESSMENTS; PROVIDING THAT WASTEWATER
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A WASTEWATER
ASSESSMENT COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, UPON
PERFECTION SHALL ATTACH TO THE PROPERTY ON
THE PRIOR JANUARY 1, THE LIEN DATE FOR AD
VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN
SHALL BE EQUAL IN RANK AND DIGNITY WITH THE
LIENS OF ALL STATE, COUNTY, DISTRICT, OR
MUNICIPAL TAXES AND.ASSESSMENTS AND SUPERIOR
IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES,
TITLES, AND CLAIMS; PROVIDING A PROCEDURE FOR
COLLECTION OF WASTEWATER ASSESSMENTS;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
ARTICLE I
INTRODUCTION
SECTION 1.01. DEFINITIONS. As used in this Ordinance,the following words
and terms shall have the following meanings,unless the context clearly otherwise requires:
"Annual Rate Resolution" means the resolution described in Section 2.08 of this
Ordinance,establishing the rate at which an Annual Wastewater Assessment fora specific
Fiscal Year will be computed. The Final Assessment Resolution shall constitute the
Annual Rate Resolution for the initial Fiscal Year in which an Annual Wastewater
Assessment is imposed or reimposed.
"Annual WastewaterAssessment"means a special assessment lawfully imposed
by the Board against Assessed Property to permit payment of the Assessable Costs over
a period of years.
"Assessable Costs"means the amount computed by adding(A)the amount of the
Capacity Fee and (B) all costs associated with the structure, implementation, collection,
and enforcement of the Annual Wastewater Assessments, including any service charges
of the County, Tax Collector, or Property Appraiser and amounts necessary to off-set
discounts received for early payment of Annual Wastewater Assessments pursuant to the
Uniform Assessment Collection Act and any other costs or expenses related to the
collection of the Assessment Costs.
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"Assessed Property" means all parcels of land included on the Assessment Roll
that receive a special benefit from the delivery of the wastewater services and facilities
identified in the Initial Assessment Resolution or the Annual Rate Resolution.
"Assessment Interest Amount" mearys-the annual interest rate charged against
the unpaid Assessable Costs by a Utility Provider,pursuant to a duly enacted resolution.
"Assessment Roll" means the speoil assessment roll relating to a Annual
Wastewater Assessment approved by a Final Assessment Resolution pursuant to Section
2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof.
"Board" means the Board of County Commissioners of Monroe County, Florida.
"Building"means any structure,whether temporary or permanent,built for support,
shelter or enclosure of persons, chattel, or property of any kind, including mobile homes.
This term shall include the use of land in which lots or spaces are offered for use, rent or
lease for the placement of mobile homes,travel trailers, or the like for residential purpose.
"Capacity Fee" means the fee established by a Utility Provider in the Utility Rate
Resolution to fund the capital cost of the wastewater capacity attributable to a Connections
"Clerk" means the Clerk of the Circuit Court for Monroe County, Florida, as
ex-officio Clerk of the Board and such other person as may be duly authorized to act on
his or her behalf.
"Connection" means the physical interconnection of a Building's sanitary sewer
system to a central sewage system provided by a Utility Provider.
"Consent and Acknowledgment Agreement"means the agreement,required as
provided in Sections 2.02 and 2.03 of this Ordinance, as a condition precedent to the
Owner receiving the privilege of paying the Assessable Costs in installments as an Annual
Wastewater Assessment rather than as a lump sum at the time of Connection. The
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Consent and Acknowledgment Agreement shall provide for the consent of the Owner to
the imposition of an Annual Wastewater Assessment against the Owner's property,
acknowledge the total Assessable Costs, acknowledge the amount and use of the Annual
Wastewater Assessment, confirm the benefit accruing to the Owner's Property from the
Assessable Costs and the imposition of the Annual Wastewater Assessment, confirm the
Assessment Interest Amount, confirm the Wastewater Assessment Term for the
installment payment of the Annual Wastewater Assessment, acknowledge the maximum
Annual Wastewater Assessment and that failure to pay the Annual Wastewater
Assessment will cause a tax certificate to be issued against the Owner's property which will
result in a loss of title under the Uniform Assessment Collection Act, and waive the
provision of first class mailed notice provided for under the Uniform Assessment Collection
Act.
"County" means Monroe County, Florida.
"County Administrator" means the chief administrative officer of the County,
designated by the Board to be responsible for coordinating the Annual Wastewater
Assessments, or such person's designee.
"Final Assessment Resolution" means the resolution described in Section 2.06
hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which
shall be the final proceeding for the initial imposition of Annual Wastewater Assessments.
"Fiscal Year" means that period commencing October 1st of each year and
continuing through the next succeeding September 30th, or such other period as may be
prescribed by law as the fiscal year for the County.
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"Government Property" means property owned by the United States of America
or any agency thereof, a sovereign state or nation, the State of Florida or any agency
thereof, a county, a special district or a municipal corporation.
"Initial Assessment Resolution" means the resolution described in Section 2.02
hereof which shall be the initial proceeding for the identification of the Assessable Costs
for which an assessment is to be made and for the imposition of an Annual Wastewater
Assessment.
"Initial Wastewater Assessment Installment" means the initial installment in the
Wastewater Assessment Term required to be paid at the time of the execution of a
Consent and Acknowledgment Agreement as a condition for an Owner to exercise the
privilege to pay the Assessable Costs in installments as provided in Section 2.03 of this
Ordinance.
"Initial Wastewater Assessment Notice" means the initial certification provided
by a Utility Provider required under Section 2.02 of this Ordinance for the preparation of
the Initial Assessment Resolution.
"Ordinance" means this Wastewater Assessment Ordinance, as amended from
time-to-time.
"Owner" means the Person reflected as the owner of Assessed Property on the
Tax Roll.
"Person" means any individual, partnership, firm, organization, corporation,
association, or any other legal entity, whether singular or plural, masculine or feminine, as
the context may require.
"Property Appraiser" means the Monroe County Property Appraiser.
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"Supplemental Annual Wastewater Assessment" means a new Annual
Wastewater Assessment not included or the Initial Assessment Roll certified by the Utility
Provider or in a Supplemental Wastewater Assessment Notice previously certified by the
Utility Provider pursuant to Section 2.08 of this Ordinance.
"Supplemental Wastewater Assessment Notice"means the certification required
under Section 2.08 of this Ordinance for the preparation of an Annual Rate Resolution
provided by the Utility Provider for Fiscal Years subsequent to the Fiscal Year in which the
Initial Assessment Resolution is prepared.
"Tax Collector" means the Monroe County Tax Collector.
"Tax Roll" means the real property ad valorem tax assessment roll maintained by
the Property Appraiser for the purpose of the levy and collection of ad valorem taxes.
"Uniform Assessment Collection Act" means sections 197.3632 and 197.3635,
Florida Statutes, or any successor statutes authorizing the collection of non-ad valorem
assessments on the same bill as ad valorem taxes, and any applicable regulations
promulgated thereunder.
"Utility Rate Resolution" means the schedule of rates, fees, and charges duly
approved by the Board or by a Utility Provider.
"Utility Provider" means all publicly owned wastewater utilities operating in the
unincorporated area of the County and all privately owned wastewater utilities operating
within the unincorporated area of the County where the County has purchased utility
capacity from that utility, including, but not limited to,the Florida Keys Aqueduct Authority,
the Key Largo Wastewater Treatment District and the KW Resort Utility operating within
South Stock Island.
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"WastewaterAssessment Term"means the number of installments,excluding the
Initial Assessment Installment, that an Annual Wastewater Assessment is to be imposed
as documented in the Initial Wastewater Assessment Notice or a Supplemental
Wastewater Assessment Notice. The Wastewater Assessment Term shall not exceed a
time period of twenty (20) years.
SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise,
words importing the singular number include the plural number, and vice versa; the terms
"hereof,""hereby,""herein,""hereto,""hereunder"and similar terms refer to this Ordinance;
and the term"hereafter"means after,and the term"heretofore"means before,the effective
date of this Ordinance. Words.of any gender include the correlative words of the other
genders, unless the sense indicates otherwise.
SECTION 1.03. GENERAL.FINDINGS. It is hereby ascertained, determined,
and declared that:
(A) Pursuant to Article VIII, section 1, Florida Constitution, and sections 125.01
and 125.66, Florida Statutes,the Board has all powers of local self-government to perform
county functions and to render county services in a manner not inconsistent with law, and
such power may be exercised by the enactment of County ordinances.
(B) A reduction in the amount of costs due at the time of Connection from the
Owners of properties required to connect to a central sewage system by the availability of
an Annual Wastewater Assessment option that permits Assessable Costs to be paid over
a period of years provides a special benefit to property and encourages properties to
connect to a central sewage system on a timely basis.
(C) The Annual Wastewater Assessment authorized by this Ordinance provides
an equitable method of funding the Assessable Costs.
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(D) The purpose of this Ordinance is to(1)provide procedures and standards for
the imposition of an Annual Wastewater Assessment by the County under the general
home rule powers of a county to impose special assessments; (2) identify the Assessable
Costs to be collected in installments by the imposition of the Annual Wastewater
Assessments; (3) authorize a procedure for the funding of wastewater facilities providing
special benefits to property within the County; and (4) legislatively determine the special
benefit provided to Assessed Property from the provision of wastewater facilities and
services.
(E) The Annual Wastewater Assessment, to be imposed using the procedures
provided in this Ordinance, shall constitute non-ad valorem assessments within the
meaning and intent of the Uniform Assessment Collection Act.
(F) The Annual Wastewater Assessment to be imposed using the procedures
provided in this Ordinance are imposed by the Board, not the Clerk, Property Appraiser or
Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the
provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial.
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT.
It is hereby ascertained and declared that the wastewater services and facilities comprising
the Assessable Costs provide a special benefit to property because wastewater services
and facilities possess a logical relationship to the use and enjoyment of improved property
by: (1) facilitating the development of property and increasing the use and enjoyment
thereof; (2) positively affecting the marketability and market value of the property by the
presence of a central sewage treatment service; (3) properly and safely disposing of
sewage generated on improved property;and(4)enhancing improved property through the
environmentally responsible;use and enjoyment of the property.
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ARTICLE II
ANNUAL WASTEWATER ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY.
(A) The Board is hereby authorized to impose an Annual Wastewater
Assessment to fund all or any portion of the Assessable Costs upon benefitted property
at a rate of assessment based on the special benefit accruing to such property from a
Utility Provider's provision of wastewater services and facilities. All Annual Wastewater
Assessments shall be imposed in conformity with the procedures set forth in this Article II.
(B) Annual Wastewater Assessments shall be imposed for a term of years, not
to exceed twenty (20) years, in equal annual amounts sufficient to pay the Assessable
Costs and the Assessment Interest Amount.
(C) Nothing contained in this Ordinance shall be construed to require the
imposition of an Annual Wastewater Assessment against Government Property.
SECTION 2.02. INITIAL PROCEEDINGS.
(A) At the time of Connection, an Owner shall pay directly to the Utility Provider
the Capacity Fee required by the Utility Provider under its ,utility service rules and
regulations as a condition of Connection or an Owner may elect to pay the Capacity Fee
together with an Assessable Interest Amount and all other Assessable Costs in
installments in the form of an Annual Wastewater Assessment assessed against such
property over a set period not to exceed twenty(20)years. In the event a property Owner
elects the privilege to pay an Annual Wastewater Assessment in installments,such Owner
will sign a binding Consent and Acknowledgment Agreement with the County prior to
Connection and shall pay the Initial Wastewater Assessment Installment as required in
Section 2.03 of this Ordinance.
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(B) As a condition pursuant to the initial imposition of an Annual Wastewater
Assessment, the Utility Provider shall certify to the County, prior to June 1, an Initial
Wastewater Assessment Notice containing the following information:
(1) A list of the Owners who have elected the privilege of paying the
Annual Wastewater Assessment in installments and a copy of the Consent and
Acknowledgment Agreement executed by such Owner;
(2) Summary description of each parcel of property (conforming to the
description contained on the Tax Roll) subject to the Annual Wastewater Assessment;
(3) The name of the Owner of each parcel as shown on the Tax Roll;
(4) The Assessable Costs attributable to each parcel;
(5) The Annual Wastewater Assessment amount;
(6) The term of years for the installment payment of the Annual
Wastewater Assessment;
(7) The applicable Assessment Interest Amount; and
(8) Acknowledgment of receipt of the Initial Wastewater Assessment
Installment for each parcel of property.
(C) Thereafter,the initial proceeding for the imposition of an Annual Wastewater
Assessment shall be the adoption of an Initial Assessment Resolution by the Board, (1)
describing the properties electing to pay the Assessable Costs in installments by the
imposition of an Annual Wastewater Assessment, (2) determining the Assessable Costs
to be assessed against each property,(3)establishing the Annual WastewaterAssessment
amount for the ensuing Fiscal Year, (4)confirming the Wastewater Assessment Term;and
(5)directing the County Administrator to(a)prepare the initial Assessment Roll,as required
by Section 2.04 hereof, and;(b) publish the notice required by Section 2.06 hereof.
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SECTION 2.03. CONDITIONS ON ELECTION TO PAY THE ASSESSABLE
COSTS IN INSTALLMENTS. As a condition pursuant to the Owner receiving the privilege
of paying the Assessable Costs in installments the County and the Owner shall enter into
a Consent and Acknowledgment Agreement and the Owner shall pay to the Utility Provider
the Initial Wastewater Assessment Installment.
SECTION 2.04. INITIAL ASSESSMENT ROLL.
(A) The CountyAdministrator shall prepare,or direct the preparation of,the initial
Assessment Roll, which shall contain the following:
(1) A summary description of all Assessed Property conforming to the •
description contained on the Tax Roll.
(2) The name of the Owner of the Assessed Property.
(3) The amount of the Annual Wastewater Assessment to be imposed
against each such parcel of Assessed Property.
(B) The initial Assessment Roll shall be retained by the County Administrator and
shall be open to public inspection. The foregoing shall not be construed to require that the
Assessment Roll be in printed form if the amount of the Annual Wastewater Assessment
for each parcel of property can be determined by use of a computer terminal available to
the public.
SECTION 2.05. NOTICE BY PUBLICATION. Upon completion of the initial
Assessment Roll, the County Administrator shall publish, or direct the publication of, once
in a newspaper of general circulation within the County a notice stating that at a meeting
of the Board on a certain day and hour, not earlier than 20 calendar days from such
publication,which meeting shall be a regular, adjourned, or special meeting,the Board will
hear objections of all interested persons to the Final Assessment Resolution and approve
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the aforementioned initial Assessment Roll. The published notice shall conform to the
requirements set forth in the Uniform Assessment Collection Act.
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the
public hearing as noticed pursuant to Sections 2.05 hereof, or to which an adjournment or
continuance may be taken by the Board, the Board shall receive any oral or written
objections of interested persons and may then, or at any subsequent meeting of the Board
adopt the Final Assessment Resolution which shall (A)confirm, modify, or repeal the Initial
Assessment Resolution with such amendments, if any, as may be deemed appropriate by
the Board; (B) impose the Annual Wastewater Assessment; (C) approve the initial
Assessment Roll,with such amendments as it deems just and right; and (D)determine the
method of collection. The adoption of the Final Assessment Resolution by the Board shall
constitute a legislative determination that all parcels assessed derive a special benefit from
the wastewater services and facilities, to be provided or constructed and a legislative
determination that the Annual Wastewater Assessment is fairly and reasonably
apportioned among the properties that receive the special benefit. All written objections
to the Final Assessment Resolution shall be filed with the County Administrator at or before
the time or adjourned time of such hearing. The Final Assessment Resolution shall
constitute the Annual Rate Resolution for the initial Fiscal Year in which an Annual
Wastewater Assessment is imposed or reimposed hereunder.
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The
Annual Wastewater Assessment for the initial Fiscal Year shall be established upon
adoption of the Final Assessment Resolution. The adoption of the Final Assessment
Resolution shall be the final adjudication of the issues presented (including, but not limited
to, the reasonableness of the legislative determination of special benefit and fair
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apportionment to the Assessed Property; the reasonableness of the method of
apportionment; the enforceability and accuracy of the calculation of the initial rate of
assessment and the preparation of the initial Assessment Roll; and the validity and
enforceability of the lien of the Annual Wastewater Assessment), unless proper steps shall
be initiated in a court of competent jurisdiction to secure relief within 20 days from the date
of the Board action on the Final Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as
required by the Uniform Assessment Collection Act, or if the alternative method described
in Section 3.02 hereof is used to collect the Annual Wastewater Assessments, such other
official as the Board by resolution shall designate.
SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION.
(A) The Board shall adopt an Annual Rate Resolution during its budget adoption
process for each Fiscal Year following the initial Fiscal Year during the Wastewater
Assessment Term.
(B) As the initial proceedings for the adoption of an Annual Rate Resolution the
Utility Provider shall certify prior to June 1 of each Fiscal Year a Supplemental Wastewater
Assessment Notice containing the following information:
(1) For each Supplemental Annual Wastewater Assessment:(a)summary
description of the parcel subject to the assessment (conforming to the description
contained on the Tax Roll); (b) the name of the Owner of the parcel assessed as shown
on the Tax Roll; (c) the Assessable Costs, Annual Wastewater Assessment amount,
Wastewater Assessment Term and Assessment Interest Amount attributable to the
assessed parcel for the Supplemental Annual Wastewater Assessment; and (d)
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acknowledgment of the receipt of the Initial Wastewater Assessment for the parcel subject
to the Supplemental Annual Wastewater Assessment;
(2) Any deletions of an Annual Wastewater Assessment imposed against
a parcel of property or a previously adopted Assessment Roll as a consequence of the
prepayment of unpaid Assessable Costs pursuant to any right of prepayment provided by
resolution.
(C) Based on the information provided in the Supplemental Wastewater
Assessment Notice, the Board shall adopt an Annual Rate Resolution:
(1) Authorizing the date,time,and place of a public hearing to receive and
consider comments from the public and consider the adoption of the Annual Rate
Resolution for the upcoming Fiscal Year; and
(2) Directing the County Administrator to(a)update the Assessment Roll,
(b) provide notice by publication pursuant to Section 2.05 herein (c) provide notice by first
class mail to affected Owners in the event circumstances described in subsection (E) of
this Section so require, and (d) directing and authorizing any supplemental or additional
notice deemed proper, necessary or convenient by the County.
(D) The Annual Rate Resolution shall (1) establish the Annual Wastewater
Assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment
Roll for the upcoming Fiscal Year with such adjustments as the Board deems just and right.
The Assessment Roll shall be prepared in accordance with the method of apportionment
set forth in the Initial Assessment Resolution, together with modifications, if any, that are
provided and confirmed in the Final Assessment Resolution or any subsequent Annual
Rate Resolution.
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(E) In the event(1)the proposed Annual Wastewater Assessment for any Fiscal
Year exceeds the maximum rate of assessment provided in the Consent and
Acknowledgment Agreement, (2) the purpose for which the Annual Wastewater
Assessment is imposed or the use of the revenue from the Annual Wastewater
Assessment is substantially changed from that acknowledged in the Consent and
Acknowledgment Agreement, or (3) Assessed Property is reclassified or the method of
apportionment is revised or altered resulting in an increased Annual Wastewater
Assessment from that represented in any publication provided pursuant to Section 2.05 or
acknowledged in the Consent and Acknowledgment Agreement, notice shall be provided
first class mail to the Owners of such Assessed Property. Such notice shall substantially
conform with the notice requirements set forth in the Uniform Assessment Collection Act
and inform the Owner of the date, time, and place for the adoption of the Annual Rate
Resolution. The failure of the Owner to receive such notice due to mistake or
inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge
any obligation for payment of an Annual Wastewater Assessment imposed by the Board
pursuant to this Ordinance.
(F) As to any Assessed Property not included on an Assessment Roll approved
by the adoption of the Final Assessment Resolution or a prior year Annual Rate Resolution,
the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of
the issues presented as to such Assessed Property (including, but not limited to, the
reasonableness of the legislative determination of special benefit and fair apportionment
to the Assessed Property; the reasonableness of the method of apportionment; the
enforceability and accuracy of the calculation of the initial rate of assessment and the
preparation of the initial Assessment Roll; and the validity and enforceability of the lien of
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the Annual Wastewater Assessment), unless proper steps shall be initiated in a court of
competent jurisdiction to secure relief within 20 days from the date of the Board action on
the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted
to affect the finality of any Annual Wastewater Assessment not challenged within the
required 20-day period for those Annual Wastewater Assessments previously imposed
against Assessed Property by the inclusion of the Assessed Property on an Assessment
Roll approved in the Final Assessment Resolution or any subsequent Annual Rate
Resolution.
(G) The Assessment Roll, as approved by the Annual Rate Resolution, shall be
delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or
if the alternative method described in Section 3.02 hereof is used to collect the Annual
Wastewater Assessment, such other official as the Board by resolution shall designate.
If the Annual Wastewater Assessment against any property shall be sustained, reduced,
or abated by the court, an adjustment shall be made on the Assessment Roll.
SECTION 2.09. LIEN OF ANNUAL WASTEWATER ASSESSMENTS. Upon
the adoption of the Assessment Roll, all Annual Wastewater Assessments shall constitute
a lien against Assessed Property equal in rank and dignity with the liens of all state, county,
district,or municipal taxes and special assessments. Except as otherwise provided by law,
such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims,
until paid. The lien for an Annual Wastewater Assessment shall be deemed perfected
upon the Board's adoption of the Final Assessment Resolution or the Annual Rate
Resolution, whichever is applicable. The lien for an Annual Wastewater Assessment
collected under the Uniform Assessment Collection Act shall attach to the property
included on the Assessment Roll as of the prior January 1, the lien date for ad valorem
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taxes imposed under the Tax Roll. The lien for an Annual Wastewater Assessment
collected under the alternative method of collection provided in Section 3.02 shall be
deemed perfected upon the Board's adoption of the Final Assessment Resolution or the
Annual Rate Resolution, whichever is applicable, and shall attach to the property on such
date of adoption.
SECTION 2.10. REVISIONS TO ANNUAL WASTEWATER ASSESSMENTS.
If any Annual Wastewater Assessment made under the provisions of this Ordinance is
either in whole or in part annulled, vacated, or set aside by the judgment of any court, or
if the Board is satisfied that any such Annual Wastewater Assessment is so irregular or
defective that the same cannot be enforced or collected, or if the Board has failed to
include or omitted any property on the Assessment Roll which property should have been
so included, the Board may take all necessary steps to impose a new Annual Wastewater
Assessment against any property benefitted by the Wastewater Assessed Costs,following
as nearly as may be practicable, the provisions of this Ordinance and in case such second
Annual Wastewater Assessment is annulled, vacated, or set aside, the Board may obtain
and impose other Annual Wastewater Assessments until a valid Annual Wastewater
Assessment is imposed.
SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or
irregularity in the proceedings in connection with the levy of any Annual Wastewater
Assessment under the provisions of this Ordinance shall not affect the validity of the same
after the approval thereof, and any Annual Wastewater Assessment as finally approved
shall be competent and sufficient evidence that such Annual Wastewater Assessment was
duly levied,that the Annual Wastewater Assessment was duly made and adopted,and that
all other proceedings adequate to such Annual Wastewater Assessment were duly had,
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taken, and performed as required by this Ordinance; and no variance from the directions
hereunder shall be held material unless it be clearly shown that the party objecting was
materially injured thereby.
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS.
(A) No act of error or omission on the part of the Property Appraiser, Tax
Collector, County Administrator, Board, or their deputies or employees, shall operate to
release or discharge any obligation for payment of an Annual Wastewater Assessment
imposed by the Board under the provision of this Ordinance.
(B) When it shall appear that any Annual Wastewater Assessment should have
been imposed under this Ordinance against a parcel of property specially benefitted by the
provision of wastewater services,facilities,or programs, but that such property was omitted
from the Assessment Roll; or such property was erroneously assessed; or was not listed
on the Tax Roll as an individual parcel of property as of the effective date of the
Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year,
the Board may, upon provision of a notice by mail provided to the Owner of the omitted
or erroneously assessed parcel in the manner and form provided in the Uniform
Assessment Collection Act,impose the applicable Annual Wastewater Assessment for the
Fiscal Year in which such error or omission is discovered, in addition to the applicable
Annual. Wastewater Assessment due for the prior two Fiscal Years. Such Annual
Wastewater Assessment shall constitute a lien against Assessed Property equal in rank
and dignity with the liens of all state, county, district, or municipal taxes and special
assessments, and superior in rank and dignity to all other prior liens, mortgages,titles,and
claims in and to or against the real property involved, shall be collected as provided in
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Article Ill hereof, and shall be deemed perfected on the date of adoption of the resolution
imposing the omitted, delinquent, or corrected assessments.
(C) Prior to the delivery of the Assessment Roll to the Tax Collector in
accordance with the Uniform Assessment Collection Act, the County Administrator shall
have the authority at any time, upon his or her own initiative or in response to a timely filed
petition from the Owner of any property subject to an Annual Wastewater Assessment, to
reclassify property based upon presentation of competent and substantial evidence, and
correct any error in applying the Annual Wastewater Assessment apportionment method
to any particular parcel of property not otherwise requiring the provision of notice pursuant
to the Uniform Assessment Collection Act. Any such correction shall be considered valid
ab initio and shall in no way affect the enforcement of the Annual Wastewater Assessment
imposed under the provisions of this Ordinance. All requests from affected property
owners for any such changes, modifications or corrections shall be referred to, and
processed by, the County Administrator and not the Property Appraiser or Tax Collector.
(D) After the Assessment Roll has been delivered to the Tax Collector in
accordance with the Uniform Assessment Collection Act, any changes, modifications, or
corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the Tax Roll upon timely written request and direction
of the County Administrator.
ARTICLE III
COLLECTION AND USE OF ANNUAL WASTEWATER ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION.
(A) Unless otherwise directed by the Board, the Annual Wastewater
Assessments shall be collected pursuant to the uniform method provided in the Uniform
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Assessment Collection Act, and the County shall comply with all applicable provisions of
the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance
may be combined with any other hearing or notice required by the Uniform Assessment
Collection Act or other provision of law.
(B) The amount of an Annual Wastewater Assessment to be collected using the
uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel
of benefitted property may include an amount equivalent to the payment delinquency,
delinquency fees and recording costs for a prior year's assessment for a comparable
service, facility, or program provided: (1) the collection method used in connection with
the prior year's assessment did not employ the use of the uniform method of collection
authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner
as required under the Uniform Assessment Collection Act, and (3)any lien on the affected
parcel for the prior year's assessment is supplanted and transferred to such Annual
Wastewater Assessment upon certification of a non-ad valorem roll to the Tax Collector
by the County.
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using
the Uniform Assessment Collection Act, the Board may elect to collect the Annual
Wastewater Assessments by any other method which is authorized by law or under the
alternative collection method provided by this Section:
(A) The Board shall provide Annual Wastewater Assessment bills by first class
mail to the Owner of each affected parcel of property, other than Government Property.
The bill or accompanying explanatory material shall include (1) a brief explanation of the
Annual Wastewater Assessment, (2) a description of the unit of measurement used to
determine the amount of the Annual Wastewater Assessment, (3) the number of units
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) J
contained within the parcel, (4) the total amount of the Annual Wastewater Assessment
imposed against the parcel for the appropriate period, (5) the location at which payment
will be accepted, (6)the date on which the Annual Wastewater Assessment is due, and (7)
a statement that the Annual Wastewater Assessment constitutes a lien against Assessed
Property equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non-ad valorem assessments.
(B) A general notice of the lien resulting from imposition of the Annual
Wastewater Assessments shall be recorded in the Official Records of the County. Nothing
herein shall be construed to require that individual liens or releases be filed in the Official
Records.
(C) The Board shall have the right to foreclose and collect all delinquent Annual
Wastewater Assessments in the manner provided by law for the foreclosure of mortgages
on real property or appoint or retain an agent to institute such foreclosure and collection
proceedings. An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board or its agent shall notify any
property owner who is delinquent in payment of his or her Annual Wastewater Assessment
within 60 days from the date such assessment was due. Such notice shall state in effect
that the Board or its agent will either (1) initiate a foreclosure action or suit in equity and
cause the foreclosure of such property subject to a delinquent Annual Wastewater
Assessment in a method now or hereafter provided by law for foreclosure of mortgages on
real property, or (2) cause an amount equivalent to the delinquent Annual Wastewater
Assessment, not previously subject to collection using the uniform method under the
Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year.
21
(D) All costs, fees' and expenses, including reasonable attorney fees and title
search expenses, related to any foreclosure action as described herein shall be included
in any judgment or decree rendered therein. At the sale pursuant to decree in any such
action, the County may be the purchaser to the same extent as any Person. The Board
or its agent may join in one foreclosure action the collection of Annual Wastewater
Assessments against any or all property assessed in accordance with the provisions
hereof. All delinquent Owners whose property is foreclosed shall be liable for an
apportioned amount of reasonable costs and expenses incurred by the Board and its
agents, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) In lieu of foreclosure, any delinquent Annual Wastewater Assessment and
the costs, fees and expenses attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however, that (1) notice is provided to the
Owner in the manner required by the Uniform Assessment Collection Act and this
Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent
Annual Wastewater Assessment is supplanted by the lien resulting from certification of the
Assessment Roll, as applicable, to the Tax Collector.
(F) Notwithstanding the Board's use of an alternative method of collection, the
County Administrator shall have the same power and authority to correct errors and
omissions as provided to him or other County officials in Section 2.12 hereof.
(G) Any Board action required in the collection of Annual Wastewater
Assessments may be by resolution.
22
\/
SECTION 3.03. GOVERNMENT PROPERTY.
(A) In the event Annual Wastewater Assessments are imposed against
Government Property,the Board shall provide Annual Wastewater Assessment bills by first
class mail to the Owner of each affected parcel of Government Property. The bill or
accompanying explanatory material shall include (1) a brief explanation of the Annual
Wastewater Assessment, (2)a description of the unit of measurement used to determine
the amount of the Annual Wastewater Assessment, (3) the number of units contained
within the parcel, (4)the total amount of the parcel's Annual Wastewater Assessment for
the appropriate period, (5)the location at which payment will be accepted, and (6)the date
on which the Annual Wastewater Assessment is due.
(B) Annual Wastewater Assessments imposed against Government Property
shall be due on the same date as all other Annual Wastewater Assessments and, if
applicable, shall be subject to the same discounts for early payment.
(C) An Annual Wastewater Assessment shall become delinquent if it is not paid
within 30 days from the date any installment is due. The Board shall notify the Owner of
any Government Property that is delinquent in payment of its Annual Wastewater
Assessment within 60 days from the date such assessment was due. Such notice shall
state that the Board will initiate a mandamus or other appropriate judicial action to compel
payment.
(D) All costs, fees and expenses, including reasonable attorney fees and title
search expenses, related to any mandamus or other action as described herein shall be
included in any judgment or decree rendered therein. All delinquent Owners of
Government Property against which a mandamus or other appropriate action is filed shall
be liable for an apportioned amount of reasonable costs and expenses incurred by the
23
County, including reasonable attorney fees, in collection of such delinquent Annual
Wastewater Assessments and any other costs incurred by the Board as a result of such
delinquent Annual Wastewater Assessments and the same shall be collectible as a part
of or in addition to, the costs of the action.
(E) As an alternative to the foregoing, an Annual Wastewater Assessment
imposed against Government Property may be collected as a surcharge on a utility bill
provided to such Government Property in periodic installments with a remedy of a
mandamus action in the event of non-payment.
ARTICLE IV
GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. This Ordinance and the Board's authority to
impose assessments pursuant hereto shall be applicable throughout the unincorporated
area of the County and throughout the incorporated area of any municipality whose
governing body has heretofore or hereafter requested and consented to the provision of
the wastewater services, facilities and programs by the County.
SECTION 4.02. ALTERNATIVE METHOD.
(A) This Ordinance shall be deemed to provide an additional and alternative
method for the doing of the things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by other laws, and shall not be regarded
as in derogation of any powers now existing or which may hereafter come into existence.
This Ordinance, being necessary for the welfare of the inhabitants of the County, shall be
liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the Board from directing and authorizing, by
resolution, the combination with each other of (1) any supplemental or additional notice
24
1
Deemed proper, necessary, or convenient by the County, (2) any notice required by this
Ordinance, or(3) any notice required by law, including the Uniform Assessment Collection Act.
SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable;
and if any section, subsection, sentence, clause or provision is held invalid by any court of
competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby.
SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this
Ordinance with the Department of State within ten days of its adoption. This Ordinance shall
take effect immediately upon its filing with the Department of State.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15th day of July, 2003.
Mayor Spehar yes
%-__,Mayor Pro Tem Nelson
Com,�,missioner McCoy yes
Commissioner Neugent yes
C9mmissioner Rice yes
h4.-fpga,—
( t�t l P`
:,.- k._, xr BOARD OF COUNTY COMMISSIONERS
\ es DANNYL.KOLHAGE, Clerk OF MONROE CO NTY, FLORIDA
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Deputy Clerk Mayor/Chairperson
MONROE COUNTY ATTORNEY
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CHIFSIST�t O�T�@770RNEY
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
August 19, 2003
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Certified Mail Receipt#7002 2030 0001 2668 9990
Dear Ms. Cloud:
Please be advised that at a Regular Meeting in formal session on July 15, 2003 the Board
of County Commissioners of Monroe County adopted Ordinance No. 027-2003 relating to the
provision of wastewater services and facilities in Monroe County, Florida; authorizing the
imposition and collection of wastewater assessments against property; providing certain
definitions including a definition for the term"wastewater assessment"; establishing a procedure
for imposing wastewater assessments; providing that wastewater assessments constitute a lien on
assessed property upon adoption of assessment roll; providing that the lien for a wastewater
assessment collected pursuant to Sections 197.3632 and 197.3635, Florida Statutes, upon
perfection shall attach to the property on the prior January 1, the lien date for ad valorem taxes;
providing that a perfected lien shall be equal in rank and dignity with the liens of all state, county,
district, or municipal taxes and assessments and superior in dignity to all other prior liens,
mortgages, titles, and claims; providing a procedure for collection of wastewater assessments;
providing a mechanism for the imposition of assessments on government property; providing for
severability; and providing an effective date.
Attached hereto is a certified copy of the subject Ordinance for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
oLd C'. Larij:famtid
Isabel C. DeSantis, Deputy Clerk
Il I ,.,._,
Cc: Municipal Code Corporation, Certified Mail Receipt#7002 2030 0001 2668 9983
Monroe County Commission
County Administrator
County Attorney
Growth Management Director
Property Appraiser
Tax Collector
Finance
File✓ •
,r .
SENDER: COMPLETE THIS SECTION OMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete I. signattu e(AC IE PENTON
item 4 if Restricted Delivery is desired. )( PAR T FNT OF STATE Agent
• Print your name and address on the reverse X Addressee
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• Attach this card to the back of the mailpiece, f • z1 1,5'
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D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
Pa•rtmetrt of State I
- 'eau of Administrative Code
3 Collins Building
' West Gaines Street, Suite L43 3. Set-I/ice Type
lahassee, Florida 32399-0250 Certified Mail 0 Express Mail
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2. Article Numtrr ,
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PSForm 3800,June 2002 See Reverse for Instructions
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FllX(305)289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
MONROE COUNTY COURTIiOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FllX(305)295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FllX (305) 852-7146
August 19, 2003
Department of State, Bureau of Administrative Code
The Collins Building
107 West Gaines Street, Suite L43
Tallahassee, Florida 32399-0250
Dear Ms. Cloud:
Certified Mail Receipt #7002 2030 0001 26689990
Please be advised that at a Regular Meeting in formal session on July 15,2003 the Board
of County Commissioners of Monroe County adopted Ordinance No. 027-2003 relating to the
provision of wastewater services and facilities in Monroe County, Florida; authorizing the
imposition and collection of wastewater assessments against property; providing certain
definitions including a definition for the term "wastewater assessment"; establishing a procedure
for imposing wastewater assessments; providing that wastewater assessments constitute a lien on
assessed property upon adoption of assessment roll; providing that the lien for a wastewater
assessment collected pursuant to Sections 197.3632 and 197.3635, Florida Statutes, upon
perfection shall attach to the property on the prior January 1, the lien date for ad valorem taxes;
providing that a perfected lien shall be equal in rank and dignity with the liens of all state, county,
district, or municipal taxes and assessments and superior in dignity to all other prior liens,
mortgages, titles, and claims; providing a procedure for collection of wastewater assessments;
providing a mechanism for the imposition of assessments on government property; providing for
severability; and providing an effective date.
Attached hereto is a certified copy of the subject Ordinance for your handling. Should
you have any questions concerning the above, please do not hesitate to contact this office.
Very truly yours,
Danny L. Kolhage
Clerk of Court and ex-officio Clerk to the
Board of County Commissioners
BY[l.,~ (' 10.(>1 ~
Isabel C. DeSantis, Deputy Clerk
Cc: Municipal Code Corporation, Certified Mail Receipt #7002 2030 0001 26689983
Monroe County Commission
County Administrator
County Attorney
Growth Management Director
Property Appraiser
Tax Collector
Finance
File ,/
eZ7.7..00~
~~-5
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The ROOda Keys Only Dally Newspaper, Est. 1876
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1600
Key West FI 33041
Office,..... ,., ,305-292-7777
Extension,.,..,... ,., .... ,x219
Fax... ,.. ,., ,.,305-294-0766
mcanitano@keysnews,com
INTERNET PUBLISHING
keywest.com
keysnews.com
floridakeys,com
key-west.eem
Web Design Services
NEWSPAPERS
The Citizen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Marathon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport Log
MAGAZINE
The Menu
Home Guide
Cflizen Local's Guide
Paradise
Keys lV Channel Guide
MARKETING SERVICES
Commercial Printing
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Direci Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, FL
33040-1800
Tel 305-292-7777
Fax 305-294-0768
citizen@keywest.com
Internet Division
1201 White Street (Suite 103)
Key West, FL
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
navigator@floridakeys,com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada. FL (MM81,5)
33036-0469
Tel 305-664-2266
Fax 305-664-8411
freepress@floridakeys,com
Ocean Reef Office
3A Barracuda Lane
Key Largo, FL 33037
Tel 305-367-4911
Fax 305-367,2191
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; th"/)~ched copy of "W'rtisem,ent, being a legal notice in the
matter of ~ 9J l.A tJ. L.l)1 Ii ./)1 ~ IL)
In the Court, was published in said newspaper in the
issues of
Affiant fu er 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
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 -3C2 day o~ A /Y'J... )
,2003
Expires: January 15,2007
Notary Seal
,"'~~~~'~~l'" MARY BETH CANITANO
t'^~. .>\Notary Public - State ot FlorIda
~I;'. .: ;jMyCcmmissbnExpies.Jcrl15,2007 I
'-<i"" ".(}-' Commission # DD178046
",,,.,, Bonded By Nallonal NotaryAssn
'W'.~_________..., .
Personally Known x Produced Identification
Type Of Identification Produced
PUBLIC NOTICE
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Tuesday, July 15, 2003, at 3:00 PM
at the Harvey Government Center at
Historic Truman School, 1200 Tru-
man Avenue, Key West, Monroe
County, Florida, the Board of County
,Commissioners of Monroe County,
Florida, intends to consider the
adoption of the following County or-
dinance:
AN ORDINANCE OF THE MONROE
COUNTY eOARD OF COMMIS-
SIONERSRELA TING TO THE
PROVISION OF WASTEWATER
SERVICES AND FACILITIES IN
MONROE COUNTY FLORIDA; AU-
THORIZING THE IMPOSITION AND
COLLECTION OF WASTEWATER
ASSESSMENTS AGAINST PROP-
ERTY; PROVIDING CERTAIN DEF-
INITIONS INCLUDING A DEFINI-
TION FOR THE TERM "WASTE-
WATER ASSESSMENT"; ESTAB-
LISHING A PROCEDURE FOR IM-
POSING WASTEWATER ASSESS-
MENTS; PROVIDING THAT
WASTEWATER ASSESSMENTS
CONSTITUTE A LIEN ON AS-
SESSED PROPERTY UPON
ADOPTION OF ASSESSMENT
ROLL; PROVIDING THAT THE
LIEN FOR A WASTEWATER AS-
SESSMENT COLLECTED PUR-
SUANT TO SECTIONS 197.3632
AND 197.3635, FLORIDA STAT-
UTES, UPON PERFECTION SHALL
A'rTACH TO THE PROPERTY ON
THE PRIOR JANUARY, THE LIEN
DATE FOR AD VALOREM TAXES;
PROVIDING THAT A PERFECTED
LIEN SHALL BE EQUAL IN RAND
AND DIGNITY WITH THE LIENS OF
ALL STATE, COUNTY, DISTRICT,
OR MUNICIPAL TAXES AND AS-
SESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR
LIENS, MORTGAGES, TITLES,
AND CLAIMS; PROVIDING A PRO-
CEDURE FOR COLLECTION OF
WASTEWATER ASSESSMENTS;
PROVING A MECHANISM FOR
THE IMPOSITION OF ASSESS-
MENTS ON GOVERNMENT PROP-
ERTY; PROVIDING FOR SEVERA-
BILITY; AND PROVIDING AN EF-
FECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes, notice is given that if a
person decided to appeal any deci-
sion 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 recoro of the
proceedinj;lS is made, YfblCfl' te('~~
-includes the testimony a~C1 ,~~ be
upon which the appea IS
baselt.
copies a.1M aQove-relerenced ordi-
ce arebj!li\abl~ for reVle\N at the
~s public libraries in Monroe
County, Florida.
Dated at Marathon, Florida, this 26th
day of June, 2003.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex offici~ C~erk of
the Board of County Commlsslon~rs
....4 lAJ"\nrno r.nllntv. Flonda
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STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH
Governor
August 29, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
GLENDA E. HOOD
Secretary of State
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated August 19, 2003 and certified copy of Monroe County
Ordinance No. 027-2003, which was filed in this office on August 22, 2003.
Sincerel;, ~
L~
Program Administrator
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BUREAU OF ADMINISTRATIVE CODE. DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.fl.us
E-Mail: DivElections@mail.dos.state.fl.us
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Email Confirmation
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Municipal Code Corporation
intQ@mUrl.lCQde.com
P.O. Box 2235
Tallahassee, FL 32316-2235
Monroe County,FL Code of Ordinances - 1979(11270)
Su pplement 82
Recorded: 8/28/200312:32:14 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 7/15/20~ Amending The Provisions of Wastewater Services and Facilities in
027-2003 Monroe County, Florida.
Ordinance No. 7/15/2003 Creating Sections 15.5-33 through 15.5-38, in order to provide for a
028-2003 Uniform Wastewater Connection Policy for Unincorporated Area within
Monroe County.
Ordinance No. 8/20/2003 Amending sec. 13.5-5(D) park hours
032-2003
Tired of receiving your acknowledgements by mail?
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Contact the distribution department at: dist@municode.com
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SENDER: COMPLETE THIS SECTION OMPLETF THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete . \,...-:. Si. . ure _ P
item 4 if Restricted Delivery is desired. "yoz) 0 Agent
• Print your name and address on the reverse ‘.--)( dirk.•" ne 0 Addressee
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• Attach this card to the back of the mailpiece, —
or on the front if space permits. / A Ce.S1 P - yO
D. Is delivery address different from item -CI es
1. Article Addressed to: ,
If YES,enter delivery address below: No.
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Municipal Code Corporation ,
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P. O. Box 2235
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Tallahassee, FL 32316-2235
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•2. Article Number 1
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PS Form 3811,August 2001 Domestic Return Receipt . 102595-02-M-154o
U.S'. Postal Servicew
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PS Form 3800,June 2002 See Reverse for Instructions
Page 1 of 2
Belle Desantis
From:
To:
Sent:
subject:
<info@municode.com>
<idesantis@monroe-clerk.com>
Monday, November 17.20034:19 PM
Acknowledgment of material received
~~~com
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Monroe County, FL Code of
Ordinances - 1979(11270)
Supplement 82
Recorded: 8/28/2003 12:32:14 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance 7/15/2003 Amending The Provisions of Wastewater
No. 027- Services and Facilities in Monroe County,
2003 Florida.
Ordinance 7/15/2003 Creating Sections 15.5-33 through 15.5-38,
No. 028- in order to provide for a Uniform Wastewater
2003 Connection Policy for Unincorporated Area
within Monroe County.
Ordinance 8/20/2003 Amending sec. 13.5-5(0) park hours
No. 032-
2003
Ordinance 8/20/2003 Amending chap. 5.5 boats, docks and
No. 033- waterways
2003
Ordinance 6/18/2003 Amending Sec. 9.5-268(Existing Residential
No. 026- Dwellings)to permit residential structures
2003 legally established before January 4, 1996 to
be considered as legal residential structures.
Ordinance 7/15/2003 Amending Land Development Regulations,
No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating
11/18/2003