Ordinance 003-1997ORDINANCE NO. 03 -1997
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, CREATING CHAPTER 9.0 OF THE MONROE COUNTY CODE;
PROVIDING FOR FINDINGS; PROVIDING FOR AN ON -SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEM (OSTDS) INSPECTION AND COMPLIANCE PROCEDURE;
PROVIDING FOR FEES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there exist over 29,000 residential and commercial structures in Monroe County,
but only about 17,000 have permitted On -site Sewage Treatment and Disposal Systems (OSTDS's),
and
WHEREAS, the State of Florida, which is responsible for identifying and correcting
substandard OSTDS's pursuant to Sec. 386, Fla. Stat., has never had an inspection and
compliance program to identify and correct substandard OSTDS's, or to ensure that existing
permitted OSTDS's are functioning properly; and
WHEREAS, it is the desire of the citizens of Monroe County to ensure that all types of on -site
wastewater treatment facilities are maintained in good working order; and
WHEREAS, an OSTDS inspection and compliance program will help protect the Florida
Keys' groundwaters. In addition, it will protect confined nearshore waters (i.e., canals) from
negative impacts associated with the addition of nutrients derived from domestic sewage.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. PURPOSE AND INTENT
This ordinance establishes an inspection and compliance program for On -site Sewage
Treatment and Disposal Systems ("OSTDS's") in Monroe County, as required by Policy 901.2 of
Monroe County's Year 2010 Comprehensive Plan. The intent of this Ordinance is to require
Operating Permits for the (up to) 11,989 existing, unpermitted OSTDS's, and to provide for permit
renewals at the approximately 17,000 existing, permitted OSTDS's, to be_ administered by the
Monroe County Health Department ("MCHD").
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Section 2. FINDINGS
A. In General NJ
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Monroe County includes a dramatically beautiful and environmentally seojitive��hain of
islands south of the Florida Peninsula, known as The Florida Keys. The Florida K were
designated a State Area of Critical State Concern, pursuant to Section 380.0552, 08. Staf: n 1979.
The unconfined waters around the Florida Keys were designated as Outstanding Florida Waters in
1985. It is the policy of the State of Florida that Outstanding Florida Waters shall not be allowed to
degrade below their 1985 levels of quality.
B. Public Welfare Concerns
1. Public Health Hazards. Within the Florida Keys there are approximately 29,000 OSTDS's,
up to 11,989 of which may be cesspools. A cesspool is a covered pit that receives raw sewage
and holds it until the liquids leak out into surrounding rock, and the solids decompose within the
pit. Because of their un-sealed construction, cesspools do not hold sewage long enough to
provide sufficient bacterial action to break it down into benign components, or to destroy
disease -causing bacteria and viruses. The lack of treatment in cesspools, coupled with the
geologic environment of highly fractured limestone in the Florida Keys which allows rapid
transportation of liquid, has contributed to substantial concern over the quality of some confined
waters (i.e., canals) within the Florida Keys, and potential risks to human health from contact with
these waters.
2. Environmental Degradation. Studies carried out in the past 20 years support the
County's concern for phosphorus and organic matter, and secondarily nitrogen, discharged into
groundwater by cesspools and malfunctioning OSTDS's, as these substances are being identified
in some confined waters (canals) of the Florida Keys. The potential for environmental
degradation in confined waters of the Florida Keys is substantial, because of the high
groundwater table, permeable substrata, and high densities of development in older
subdivisions, with its high density of OSTDS installations.
C. Current State And Local Law
1. Section 381.0065, Florida Statutes, requires that OSTDS's be operated in a manner which
does not adversely affect the public health or significantly degrade groundwater or surface
water.
2. Section 386.051, Florida Statutes, makes maintenance of a sanitary nuisance a
misdemeanor of the second degree. A sanitary nuisance is any condition by which or through
which, directly or indirectly, disease may be caused.
3. Under Section 386.041, Fla. Stat., untreated or improperly treated human waste, and
improperly built or maintained septic tanks are prima facie evidence that a property owner is
maintaining a nuisance injurious to health.
4. Current Department of Health regulations do not provide a systematic method for
identifying cesspools or malfunctioning OSTDS's.
Section 3. OSTDS PERMITTING PROCEDURE
A. Structures Without OSTDS Permits on Record
1. Owners of the residential or commercial structures listed in the Cesspool Identification
and Elimination Project, conducted by Monroe County and the MCHD in 1993-94, as having
"unknown sewage disposal," shall receive a second notification, including an application form
for an OSTDS Operating Permit from MCHD. It is the intent of this ordinance that within 60 months
of enactment, all structures on the "unknown sewage disposal list" shall have been pumped
out and inspected. The owners of these structures shall be notified, and their OSTDS's pumped
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out and inspected, according to the "estimated construction year"in the Cesspool Identification
and Elimination Project database, on the following schedule.
a. Owners of residential or commercial structures estimated to have been constructed
between 1900 and 1955, and any structures for which no estimated construction year is
available, shall be notified within twelve (12) months after the effective date of this
ordinance.
b. Owners of residential or commercial structures estimated to have been constructed
between 1956 and 1964 shall be notified between twelve (12) and twenty-four (24)
months after the date of enactment of this ordinance.
c. Owners of residential or commercial structures estimated to have been constructed
between 1965 and 1971 shall be notified between twenty-four (24) and thirty-six (36)
months after the date of enactment of this ordinance.
d. Paragraphs a., b., and c. notwithstanding, notice shall not be sent to owners of
residential or commercial structures constructed prior to 1971 that are located within the
Marathon Service Area, as described in the 1996 Marathon Facilities Plan, until 36 months
after the date of enactment of this ordinance. It is the intent of this ordinance that if
Monroe County constructs the proposed Marathon facility, the ordinance shall be
amended to exempt residential or commercial structures that will connect to the
Marathon facility from the requirements of the ordinance. The County Commission shall
review this paragraph no later than 36 months after the effective date of this ordinance.
e. Owners of residential or commercial structures estimated to have been constructed
between 1972 and 1977 shall be notified between thirty-six (36) and forty-eight (48)
months after the date of enactment of this ordinance.
f. Owners of residential or commercial structures estimated to have been constructed
between 1978 and 1989 shall be notified between forty-eight (48) and sixty (60) months
after the date of enactment of this ordinance.
g. Notice shall be deemed complete and effective upon mailing by U.S. Mail to the
owner's current address as shown on the property appraiser's roll on the date of mailing.
2. Owners of improved properties without approved final OSTDS permits on record
shall return a completed application for an OSTDS Operating Permit accompanied by
appropriate fees within 30 days of receipt of notification from MCHD. The applicant for an OSTDS
Operating Permit must have their site evaluated by MCHD or another approved inspection entity
to determine compliance with this section.
a. If after the inspection by MCHD or an approved inspection entity, the MCHD
determines the OSTDS meets minimum standards, as determined by the Department of
Health, an Operating Permit will be issued within 60 days of such determination.
b. If the MCHD determines the OSTDS meets the standards in effect when the structure
was built, but does not meet minimum standards as determined by the Department of
Health, a Two -Year Temporary Operating Permit will be issued within 60 days of such
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determination. The owner of the property on which the non -conforming OSTDS is situated
shall, within two (2) years after issuance of said OSTDS Temporary Operating Permit,
modify said OSTDS to meet minimum standards as determined by the Department of
Health. The owner shall bring the septic tank and drainfield into conformity with said
minimum standards, and shall apply to MCHD for an Operating Permit before expiration
of the Temporary Operating Permit.
c. If, after inspection, the MCHD determines that said structure utilizes either a cesspool, or
a septic tank that does not meet the minimum standards of septic tank design, location,
and volume, and drainfield location and area, that were in effect when the commercial
or residential structure it services was built, or, if no standards were in effect when the
structure was built, the first standards adopted thereafter, the owner of the property on
which the OSTDS is situated shall correct the deficiencies to comply with current standards
within 180 days of receipt of written notice of MCHD's determination, provided that this
period may be extended if an OSTDS variance is granted under Chapter IOD-6, F.A.C. (A
variance procedure, provided in Section 381.0065(4)(G), Fla. Stat., is available to
applicants when a proposed replacement cannot meet State requirements of Chapter
1 OD-6, F.A.C.) Within 180 days after receipt of written notice of MCHD's determination, the
property owner shall submit a completed application, and the then -current application
fee, to MCHD for an OSTDS Operating Permit.
B. Conversion of Existing OSTDS Permits to Five -Year Operating Permits
On the date this Ordinance becomes effective, all finally approved OSTDS permits
previously issued by the Florida Department of Health and Rehabilitative Services, its
predecessors and successors, and the MCHD, shall be deemed converted to OSTDS Operating
Permits, according to the schedule in Subsection III C. Provided, however, that OSTDS permits
requiring an annual operating permit under Chapter 1OD-6, F.A.C., shall not be converted to
long-term operating permits under this ordinance.
C. Structures With OSTDS Permits on Record
1. Owners of all residential and commercial structures including houses, mobile
homes, single and multi -family rental units, and businesses which are served by an OSTDS, that
were not identified as having "unknown sewage disposal" in the Cesspool Identification and
Elimination Project, conducted by Monroe County and the MCHD in 1993-94, or who were so
identified but can demonstrate they have an OSTDS permit on record, and are not required to
obtain an annual operating permit for their OSTDS under Chapter 1 OD-6, F.A.C., shall be required
to renew their five-year OSTDS Operating Permit according to the following procedure.
a. Owners of residential or commercial structures built or affixed to the land before
January 1, 1978 shall renew their five-year OSTDS Operating Permit within six (6) years after
the effective date of this Ordinance and every five years thereafter;
b. Owners of residential or commercial structures built or affixed to the land between
January 1, 1978 and January 1, 1984 shall renew their five-year OSTDS Operating Permit
within seven (7) years after the effective date of this Ordinance and every five years
thereafter;
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c. Owners of residential or commercial structures built or affixed to the land between
January 1, 1984 and January 1, 1987 shall renew their five-year OSTDS Operating Permit
within eight (8) years after the effective date of this Ordinance and every five years there-
after;
d. Owners of residential or commercial structures built or affixed to the land between
January 1, 1987 and January 1, 1990 shall renew their five-year OSTDS Operating Permit
within nine (9) years after the effective date of this Ordinance, and every five years
thereafter;
e. Owners of residential or commercial structures built or affixed to the land between
January 1, 1990 and the date of enactment of this ordinance shall renew their five-year
OSTDS Operating Permit within ten (10) years after the effective date of this ordinance,
and every five years thereafter;
f. Owners of residential or commercial structures built or affixed to the land after the date
of enactment shall receive an OSTDS Operating Permit concurrent with Final Approval
from MCHD unless the type of system requires an annual operating permit under Chapter
10D-6, F.A.C. Said Operating Permit shall be renewable at the end of ten years and
every five years thereafter.
g. Owners of residential or commercial structures served by an aerobic treatment unit
permitted under Chapter 10D-6, F.A.C., and installed before July 1, 1991, shall submit an
application for an Aerobic Treatment Yearly Operating Permit accompanied by the ATU
operating permit fee pursuant to Chapter 10D-6, to MCHD by June 1, 1997, and every
year thereafter. If the MCHD determines the aerobic treatment unit does not meet
minimum standards set by the Department of Health, the owner of the property on which
the non -conforming aerobic treatment unit is situated shall, within two (2) years of June 1,
1997, modify said aerobic treatment unit to meet said minimum standards.
D. Inspection Report Prerequisite to Renewal
1. As a prerequisite to renewal of a five-year OSTDS Operating Permit, owners of all
residential and commercial structures served by an OSTDS, except those persons required to
obtain annual operating permits under Chapter 1 OD-6, F.A.C., shall have their system inspected.
Systems permitted prior to January 1, 1986 shall be pumped out and inspected as described
herein. Systems permitted after January 1, 1986 shall be pumped out prior to inspection if a
sludge layer in the bottom of the tank is within twelve inches of the bottom of the tank outlet
device or the floating grease layer is within six inches of the bottom of the outlet device. The
tank shall be pumped out by a licensed septic tank contractor who is registered under Chapter
10D-6, F.A.C., to haul septage. The system shall be inspected by either a licensed septic tank
contractor or plumber registered with the State of Florida, or by a registered professional
engineer in the State of Florida, or by MCHD personnel. Provided, however, that those persons
who have their OSTDS pumped out and inspected as a requirement for receiving a repair,
existing (addition to structure), or change of use permit under Chapter 1 OD-6.041(4), F.A.C., may
renew their five-year Operating Permit for a five-year renewal period, on the basis of said
pumpout and inspection.
2. At the time of the inspection, the structural components of the system shall be
checked for cracks, leaks, missing or broken deflection or discharge devices, structural integrity
of the tank and lid, and any other evidence or record that the system is failing to provide
satisfactory service.
3. Following the inspection, the licensed septic tank contractor or plumber registered
with the State of Florida, registered professional engineer in the State of Florida, or MCHD
personnel shall submit a signed, written OSTDS Inspection Report Form 1 (see Appendix A) to the
MCHD and to the property owner. The report must fully describe the existing system, residential or
commercial structure, and shall:
a. Specify the date the system was pumped out;
b. Specify the gallonage pumped;
c. Describe the elevation, location, and functional status of the tank and drainfield; and,
d. Contain the inspector's certification that the inspector personally inspected the system
and that the description of the system is accurate.
E. Permit Renewal Review
MCHD shall review the applications and within 90 days of their receipt shall:
1. Issue an Operating Permit which will expire five years from date of issuance,
except that the expiration date of a county operating permit issued on the basis of a substituted
permit number shall be five years from the date of issuance of the repair, existing, or change of
use permit; or
2. Issue a Notice of Incomplete Application which informs the property owner of the
reasons why the application is incomplete and gives the property owner 30 days to respond to
the MCHD with an amended application; or
3. Issue a Notice of Rejection of Application on the basis that the OSTDS is a cesspool,
an OSTDS which is operating as a cesspool due to a breach in structural integrity, or is an OSTDS
which requires repair.
F. Approved Systems
Owners of approved systems for which an operating permit has been obtained may
continue to use the approved system so long as;
The system is properly maintained and remains in satisfactory operating condition;
2. The operating permit is properly renewed;
3. An approved sewage treatment plant has not been available for connection for
longer than 365 days; and
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4. No alterations are made to the residence, commercial structure, or site that would
change the sewage or wastewater characteristics, increase sewage flow, or impede the
performance of the OSTDS.
G. Permit Renewal
Permits shall be renewed prior to the expiration date by submittal of OSTDS Inspection
Report Form 2 (see Appendix B) to the MCHD, accompanied by the appropriate fees.
Section 4. ENFORCEMENT
A. Monitoring of Septic Tank Contractors, Engineers, and Plumbers.
1. All licensed septic tank contractors and plumbers doing business in Monroe
County, and registered with the State of Florida, and registered professional engineers doing
business in Monroe County, must receive certification by the MCHD to be eligible to submit
system evaluations pursuant to this section.
2. To facilitate monitoring and enforcement, licensed septic tank contractors and
plumbers doing business in Monroe County, and registered with the State of Florida, and
registered professional engineers doing business in Monroe County, shall submit their inspection
schedules weekly to MCHD.
3. MCHD shall monitor OSTDS inspections without notice.
B. Prohibitions
1. Property Owners. Property owners in Monroe County are in violation of this section
if: (1) structures on their property are served by an OSTDS and the property owner fails to submit
an application for an Operating Permit by the date specified, or (2) the OSTDS on the property is
permitted but is failing to provide satisfactory service because it is a cesspool or an OSTDS which
is either improperly built or improperly maintained. Failure to obtain an Operating Permit, or
renew an existing permit by the date specified, creates a rebuttable presumption that the OSTDS
is operating in an unsafe or unsanitary manner, and creates reasonable cause to believe that a
sanitary nuisance exists under Chapter 386, Florida Statutes.
2. Septic Tank Contractors, Engineers, Plumbers. Licensed septic tank contractors and
plumbers doing business in Monroe County, and registered with the State of Florida, and
registered professional engineers doing business in Monroe County are in violation of this section
if they: (1) falsify information on the Operating Permit Applications, (2) fail to regularly submit
inspection schedules or (3) refuse monitoring by MCHD inspectors. Septic tank contractors, engi-
neers, and plumbers found guilty of a violation of this section shall be referred to their licensing
agency for disciplinary action. Two separate violations of this section shall result in revocation of
certification by MCHD to submit system evaluations pursuant to this section.
C. Penalties
1. Violations of this section may be under Chapter 162, Florida Statutes, and Chapter
6.3 Monroe County Code, or pursuant to chapter 76-435, Laws of Florida. The violations may also
be prosecuted in the same manner as misdemeanors are prosecuted, in which case the
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violations shall be prosecuted in the name of the state in a court having jurisdiction of
misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a
fine not to exceed five hundred dollars ($500) or by imprisonment not to exceed sixty (60) days or
by both such fine and imprisonment. Violations may also be prosecuted through any other
lawfully available means including civil and injunctive relief.
2. Where there is reasonable cause to believe that an OSTDS constitutes a sanitary
nuisance as defined in Chapter 386, Florida Statutes, local authorities shall request that the
Department of Health or MCHD investigate the OSTDS pursuant to Section 386.02, Florida
Statutes, and, if necessary, conduct enforcement activities as authorized by Sections 386.03 and
386.041, Florida Statutes.
Section 5. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 7. 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 8. This ordinance shall take effect immediately upon receipt of official notice
from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
with said Office.
Section 9. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code of
ordinances.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 16th day of January, AD, 1997.
Mayor Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Commissioner Freeman
Attest: DANNY L. KOLHAGE, Clerk
as/resord/osds
APPROVED AS FORM
AND GAL SUF IENCY.
MES T. NDRICK
DAT
0
yes
absent
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONRO O TY, FLORI
By
Ma r/Chairman
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
4ppUNTy�
iAy"
'�
�anrtp '�.. �orfjage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
January 27, 1997
CERTIFIED MAU,
RETURN RECEHT REQUESTED
Mrs. Liz Cloud
Florida Department of State
Bureau of Administrative Code and Laws
The Elliot Building
401 South Monroe Street
Tallahassee, Fl. 32399-0250
Dear Mrs. Cloud:
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (W5) 852-n45
FAX (305) 852-7146
Enclosed please find a certified copy of Monroe County Ordinance No. 03-1997,
creating Chapter 9.0 of the Monroe County Code; providing for findings; providing for
an On -Site Sewage Treatment and Disposal System (OSTDS) inspection and compliance
procedure; providing for fees; providing for enforcement; 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.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting, in formal session, on January 16, 1997.
+.
Mrs. Liz Cloud
January 27, 1997
Page 2
Please file for record.
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Ruth Ann Jantzen
Enclosure
cc: County Commissioners
County Attorney
Growth Management Director
Building Official
Code Enforcement Director
Jack Teague, County Health Dept. Environmental Administrator
Municipal Code Corporation
County Administrator, w/o document
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3. Article Addressed to:
MRS. LIZ CLOUD
FLROIDA DEPT. OF STATE
BUREAU OF ADMIN. CODE AND L
THE ELLIOT BUILDING
401 SOUTH MONROE ST.
TALLAHASSEE, FL. 32399-0250
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Office of International Relations
Dix ision of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of historical Resources
Division of Library and Information Services
Division of Licensing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
January 30, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
Ringling Museum of Art
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated January 27, 1997, and certified copy of Monroe County Ordinance No. 97-03,
which was filed in this office on January 29, 1997.
LC/mw
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
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77
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building 401 South Monroe Street • Tallahassee, Florida 32399-0250 • (904) 488-8427
FAX: (904) 488-7869 • WWW Address http://www.dos.state.fl.us 9 E-Mail: election a nmil.dos.state fl.its
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Ms. Ruth A. Jantzen
Ueputl Clerk
Monroe Calnty
PO Box 1580
rev West. F1 33040
1-600-262-CODE Rlatio tt rr ++ {{ y
45K U5 ABOUT 1MA61N at IE 11'llll�l" Iltl�lt'Il lf�lllf ��lltt�ll'1'�lll'11111�11/111�1�
r na+�epaoe
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared Tom Schumakerwho on oath, says that he/she i.
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
To Consider Adoption of County Ordinance RE: ChAp. 9.0
IN THE MATTER OF: in the
Court was published in said newspaper in the issues of
Dec. 28, 1996 - Jan. 4. 1997
Alliant further says that the said FLORIDA KEYS KEYNOTER is h newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY, FLORIDA, twice each .week (on Wednesday and .Saturday) and has been
entered as second class mail matter at. the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper.(SEAL)
°
JENNIFER NOLAN
(seal) r laovnar
Mu:��Io
0
MY Comm EXP. 4/28/00
@ended 8Y ej djoo fro
No. 511®7
YI4t M I1017wL0,
SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th
January
DAY OF
97
A.D. 19
no.8262600
NOTICE OF INTENTION TO
'CONSIDER ADOPTION OF -
COUNTY ORDINANCE
.NOTIC&-IS.HEREBY- GIVEN -TO
WHOM IT MAY CONCERN that
on Thursday, January 16, 1997
at 5:05' PM at the Holiday Inn
Beachside, -38.4.1 North Roose-
velt Boulevard, Key. -West, Mon=
roe County, Florida, the Board of
County Commissioners of Mon-
roe County, -Florida, will hold the
third of three public hearings to
consider the adoption of the fol-
lowing County ordinance:
AN ORDINANCE OF THE BOARD
OF- COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORI-
DA. ,CREATING CHAPTER 9.0
OF THE- MONROE' COUNTY,
CODE; PROVIDING FOR FIND-
INGS; PROVIDING FOR AN ON
SITE - SEWAGE TREATMENT
AND DISPOSAL SYSTEM
(OSTDS) INSPECTION AND
COMPLIA_NCE. -- -PROCEDURE;
PROVIDING FOR FEES; PROVID-
4NG FOR ENFORCEMENT; PRO-
VIDING-, FOR SEVERABILITY;
PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCON-
SISTENT: HEREWITH; .PROVID-
• ING FOR INCORPORATION INTO
THE MONROE COUNTY .CODE
I OF ORDINANCES; AND',PRO=
('VIDING AN EFFECTIVE:DATE.
Pursuant:to Se-cti6n,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 con-
sidered at the hearing, he will
need a record of the proceedings,
and that, for such. purpose, he
may need to ensure that a verba-
tim record of the proceedings is
I made, which record includes the
testimony and evidence upon
which the appeal is to be based.
. Copies -of the above=referenced,
ordinance are available for review
at the various public. libraries in
Monroe County, Florida. -
Dated at Key West, Florida, this
19th day of December; 1996.
DANNY L KOLHAGE,
Clerk of the Circuit Court
. and ex officio Clerk of the Board'
I ofCountyCommissioners of
Monroe County, Florida;
Publish Dec. 28, 1996,-Jan. 4,
1997
Florida Keys Keynoter -
PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA -n
.o
• C� = ON
z r o
STATE OF FLORIDA
COUNTY OF MONROE) �,'Y c?
Tom Schumaker _7-,Who:on lath, s that he/she i.
Before the undersigned authority personally appeared _��_�________ _ N
Publisha_r_ of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON;.
in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
to consider Adoption of Ordinance RE: Chapter 9.0 in the
IN THE MATTER OF:
Court was published in said newspaper in the issues of
Oct. 26, Nov. 2, 1996_�--
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news-
paper has heretofore been continuously published in' said MONROE COUN-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm, or corpo-
ration any discount, rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
JENNIFiR NOLAN
r r,Ay Comm Exn. 412810
Gt7:AR4-.r
(seal) Ednd^dEy`'e",11W111.3
001. �59i87
SWORN TO AND SUBSCRIBED BEFORE ME THIS
DAY OF Nov
0
2nd
.1996
no. 8151006 j
NOTICE OF INTENTION TO '
CONSIDER ADOPTION OF'
COUNTYORDINANCE '
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that.
on Tuesday November 12,
1996-at 10:00-AM at the Key'
Largo Library, Tradewinds Shop-
ping Center, Key'Largo, Monroe
County, Florida, -the Board .of
County, Commissioners of Mort-'
roe County, Florida, intends to,
consider theadoption of the fol-
lowing County ordinance:. -
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORI;
DA, CREATING CHAPTER 9.0.
OF THE MONROE COUNTY,'
CODE; PROVIDING FOR FIND-.
INGS; PROVIDING FOR AN ON-'.
SITE SEWAGE TREATMENT -
AND DISPOSAL SYSTEMII.
(OSTDS) INSPECTION AND,
COMPLIANCE PROCEDURE;;
PROVIDING FOR FEES; PROVID
ING FOR ENFORCEMENT; PRO-.
VIDING FOR - SEVERABILITY;-
PROVIDING FOR THE REPEAL.
OF ALL ORDINANCES INCON-
SISTENT HEREWITH; PROVID-
ING FOR INCORPORATION INTO
THE MONROE COUNTY CODE
OF ORDINANCES; AND PRO-
VIDING 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 con-
sidered at such hearings or meet-
ings, he will need a record of the
proceedings, and that, for such
purpose, he may need to ensure
that a verbatim record of the pro-
ceedings is made. "which record
includes the testimony and evi-
dence upon which the appeal is
to be based.
_Copies of the above -referenced
ordinance are available for review
at the various -public libraries in
Monroe County, Florida.
Dated at Key West, Florida, this
21 st day of October, 1996.
DAN NY L.KOLHAGE,
Clerk of the Circuit Court
and ex officio Clerk of the Board
_ of County Commissioners of
Monroe County, Florida
Publish Oct. 26, Nov. 2, 1996
Florida Keys Keynoter
,1_7-- - -- - - --
lop C3u NPR C:)M ►'h rs s) Zf1 �
�`` � sir •^ ••- `:L����• lv
• �ITIZEN
r t +
Published Daily
Kev West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE.-
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advertising Manager of the Key West Citizen-, a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of TILI 01= ( N EN C�N51 okn Aroy 1I-%A C�JN i� zu)' ►Pffvc.e,
CHAP 9 0 18
in the --T court, was published in said newspaper in the
issues of k'" 2A A t1556
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
(Slynatur(-- of Affiant)
Swum Ici ancj nl)c'tl l;('It)I(. j ( ,J; u1 _�c��,C:YYIl�GZ---
I X I I I I I:" _vEVA1 11 2,0`J3
II I y Known✓ c,I I'rod Ijccrrl MP IIIIflc;'IIOII
�' ire of�r Ptih 1w
(Slgr �ttt y )
(Minty of N0�1,ny Ptihli(
Teresa Gayle Whig
j
+�
MY COMMISSION N CC585942 EXPIRE
September 17, 2000
BONDED THRU TROY FAIN INSURANCE, INC.
lyl)l ()I Ictcrntrlic,tllun I'c1
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE `
NOTICE IS ' HEREBY GIVEN l O
` WHOM IT MAY CONCERN that the
Board of County Commissioners of'
Monroe .County, Florida intends to
consider the adoption of the follow-
ing County ordinance: --
AN ORDINANCZ OF THE BOARD
OF COUNTY6OMMISSIONERS OF
MONROE COUNTY, FLORIDA,
CREATING CHAPTER 9.0 OF THE
MONROE COUNTY CODE; PRO-
VIDING FOR FINDINGS; PROVID-
INGFOR AN ON -SITE SEWAGE
TREATMENT AND DISPOSAL SYS- '
TEM (OSTDS) INSPECTION AND
COMPLIANCE PROCEDURE; PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF -ALL ORDI-
NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFEC-
- =TIVE-DATE. - The following is the schedule for the
two- remaining public hearings to be _
held on this ordinance: - - -.
1. 5:05 PM on Wednesday, Decem-
be'r 18th, 1996, at the Marathon Gov-
ernment Center, 2798 Overseas
Highway, Marathon, Florida.
2. 5:05 PM, on Wednesday, January
15, 1997, at the Holiday Inn Beach -
side, .3841 .. North Roosevelt Boule- i
vard, Key Wesf; Florida.
Pursuant to Section 286.0105; Flor-
ida 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 en-
sure that a verbatim. record of the
proceedings is made, which record
includes the testimony. and evidence
upon which the appeal is to be
based.
Copies of the, above -ref erenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 18th
day of November, 1996.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
j_ _the Board of County -Commissioners
of Monroe County, Florida.
I November 24th & December 1st,
1996
Q -L- E . c
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;co
,
Before the undersigned authority personally appeared Randy G.;-ricksonj who on oath
says that he is Advertising Manager of the Key West Citizen; a daA? newspaper published
at Key West in Monroe County, Florida; that the attached copy of tht�_advergeme;it, being
a legal notice =
in the matter of I'Vo �i cz �� � �'��. �rcQ w t✓�� p � --' 1.0
in the ^ IC` court, was published in said newspaper in the
issues of bef_'" b, r 14 , lA' � f a- ^tta .7• 6.4 L Qa f7tj
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
(Signature of Affiant)
Sworn to and subscribed before me this 6f v 1997
(Signature of Notary Public)
Expires, (Name of Notary Public)
Personally Known _ or Produced IdentificationTeresa Gayle Darling
tea• ..: MY COMMISSION # CC585942 EXPIRES
Type of Identification Produced a September 17, 2000
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORD0ANCE
NOTICE IS HEREBY GIVEN . TO
WHOM IT MAY CONCERN that on
Thursday, January ,16, 1997, at 5:05
PM at the Holiday Inn Beachside,
3841 - Nwth Roosevelt Boulevard,
Key. West, Monroe County,. Florida,
the Board of County Commissioners
of Monroe County, Florida, will hold
the third of three public hearings to
consider the adoption of the follow-
ing County ordinance:
AN ORDINANCE OF THE BOARD
OF .COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
CREATING CHAPTER 9,0 OF THE
MONROE COUNTY CODE; PRO-
VIDING FOR FINDINGS; PROVID-
ING FOR ANON -SITE SEWAGE
IREATMENT AND SPOSAL SYS-
TEM (OSTDS.) INSPIECTTION AND
CO PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING
FOR $EVERABILITY; PROVIDING
RDI-
FOR REPEAL OF ALL O
NANCES INCONSISTENT HIRE-
WITH; PROVIDING FOR,INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE
DATE.
Pursuant to Section 286.0105, Flor-
ida 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 en-
sure : that a verbatim record of the
proceedings is made, which record
includes thetestimony and evidence
upon which. the appeal is to be
based. •
Co ' $•of the above -referenced ordi-
are available for review at the
'various public libraries in Monroe .
County, Florida.
Dated at Key West, Florida, this 19th
day of December, 1996,
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
Of Monroe County, Florida.
December 29th, 1996 & January 5th,
t997
.i
PROOF OF PUBLICATION
THE FLORIDA KEGS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Tom Schumaker who on oath, says that he/she is
Before the undersigned authority personally appeared y
Publisher of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
• in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice of Intention
IN THE MATTER OF: To Consider Adontiop of County Orc3� n F ChaptPs 9.0 ___ is the
Court was published in said newspaper in the issues of
Nov. 23, Dec. 7, 1996
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper
at MARATHON, in said MONROE COUNTY. FLORIDA, and that the said news-
paper has heretofore been continuously published in said MONROE COUN-
TY. FLORIDA, twice each week (on Wednesday and Saturday) and has been
entered as second class mail matter at the post office in MARATHON, in
said MONROE COUNTY, FLORIDA, for a period of one year next preceding
the first publication of the attached copy of advertisement; and affiant fur-
ther says that he has neither paid nor promised any person, firm. or corpo-
ration any discount. rebate, commission or refund for the purpose of secur-
ing this advertisement for publication in the said newspaper. (SEAL)
!Ay Comm Exp. 4/28/00
�emua ' Bond" Ely s s si;A Ins
(seal) Pla. 511f37
wwmr Nf6amft110OWL06
SWORN TO AND SUBSCRIBED BEFORE ME THIS loth
DAY OF
December
A.D. 1996
/X
see reverse side
11 18-Leaal Notices.
no. 3087600' . —.'. -
-NOTICE OF INTENTION TO
CONSIDER ADOPTION OF--
r
COUNTYORDINANCE -,
NOTICE IS HEREBY GIVEN TO
WHOM. IT:,MAY:.CONCERN `that
the -Board of County Comrms-
sioners of.Monroe County, Flori-
dai intends -to consider the.adop-
tionbfdhe•following County ordi=
- nancer. : e
AN ORDINANCE.ORTHE BOARD
i COMPLIANCE. ' -PROCEDURE;
PROVIDING-FOR`FEES; PROVID-
ING FOR ENFORCEMENTe PRO
=:
VIDING,•: FOR' I�SEVERABILITY;
PROVIDING .,FOR:, TH6 •REPEAL
i `OFI ALL,%'ORDINANCES .INCOW
SISTENT•;'HEREWITH. PROVID-
!- I.NG FOR INCORPORATION INTO
:. OF :ORDINANCES; .,AND;:. PRO-
VIDING AN EFFECTIVE DATE.;
Theol�owing is itiesch' dui. for
4h_e. 'tvvo; qr, lasning;�4kic-hear-
ings to h'e fieldon tM; ordnadbe:.
r
T- 5:05.PNi oriyVetlnes'day,• "'�. -
i,; Debe`mber_118,.1996, atthe Mar-
t-. athon'Governmeht 0-Inter.M96.
F; GVerseasr"Highway; :Marathon,
rjFlorida: ri -
1 2. 5;05 PM on: Wednesda '
-'Januairyl5;i1.997.;=a-tHdliday
I - Inn Beachside, 3841 'Notherih,
Roosevelt'Spulevard, Key West,
Florida..
k Pursuant to Section 286.0105,
i "Florida Statutes,notice it given
i'tfiatif a person decided to -'appeal
cah"yYlectsi:On:.made bylhe'Board
with"respect to -;arty matter con-
sidered at suEhhearings.or;meet-
ings;�ihe:will,need a cecord of the
Proceedings; anti, that, for such
.. purpose,.he. may need; to -ensure'
,'-that a"verbatim record of the oro-
r- to bebased. - -- -
} Copiog, of' the" above -referenced
.Ordiriance'are Available;for`review
wifie: Various:, public. IiUraries _in
Monroe County; Flonda.
Date I at
`Key V1/est,'Florfda this
j of 8th day November,1996. .
1 DA'NNY L KOLHAGE;!
-� _- ;ClerkmkheCircuitGourt
: and ex"officio Clerk of:,t t-Bb5W
-.ofCounty;Contmissioners'�of
Monroe -County, Florida
Publish Nov. 23, Dec. 7, 1996
Florida Keys Keynoter .
741fe
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 12/26 and 1/2/97.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 2ND DAY OF JANUARY A.D. , 1997
NOTARY PUBLIC
a'
�vpY KAREN E. SILVA
� Notary Public, State of Florida
MY COMMISSION EXPIRES• 9
98
"� �° No. CC403878
NOTICE OF INTENTION To CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM If MAY CONCERN
that on Thursday, January 16p1997, at 5:05 PM at the HoWay Ina
Bearbside. 3841 North Roosevelt 1364kwd, Key West, Monroe County
Florida, the Board of County Commissioners of Monroe County, Florida
wN Laid the third of three pubBe Leadur to consider the adoption of
the following County ordinance:
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING CHAP-
TER 9.0 OF THE MONROE COUNTY CODE; PROVIDING FOR
FINDINGS; PROVIDING FOR AN ON-SrM SEWAGE TREATMENT
AND DISPOSAL SYSTEM (OSTDS) INSPECTION AND COMPLI-
ANCE PROCEDURE; PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; PROVIDING FORSEVERABILITY; PROVIDING
FORREPEAL OFALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FORINCORPORATION INTO THE MON ROE COUNTY
CODE; 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 respell
to any matter considered at such hearing or meeting, he wil l 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.
Copies of the above -referenced ordinance are available for review
at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 19th day of December, 1996.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published: 12126/96 and V2/97
The Reporter
Tavernier, FL 33070
r
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
STATEMENT OF PROOF OF PUBLICATION
USPS #905580
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 11/21 and 11/28/96.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and affiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 2 TH DAY OF NOVEMBER A.D. , 1996
NOTARY PUBLIC OFFICIAL N5AR L
CAROL E DOUVRES
MY COMMISSION EXPIRES: NOTARY PUBLIC STATE OF FLORIDA
COMACSSION 1s
MY COMMISSION EXP. JUNE 2 1997
I
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN" TO THOM IT MAY CONCERN
that 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 COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING CHAP-
TER 9.0 OF THE MONROE COUNTY CODE; PROVIDING FOR
FINDINGS; PROVIDING FOR AN ON -SITE SEWAGE TREATMENT
AND DISPOSAL SYSTEM (OSTDS) INSPECTION AND COMPLI-
ANCE PROCEDURE; PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING +
FOR REPEAL OFALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FORINCORPORATION INTOTHEMONROE COUNTY
CODEOFORDINANCES; ANDPROVIDING ANEFFECITVEDATE.
The following is the schedule for the two remaining public hearings
to be held on this ordinance:
1. 5:05 PM on Wednesday, December 18, 1996, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, Florida.
2. 5:05 PM on Wednesday, January 15, 1997, at the Holiday Inn
Beachside, 3841 North Roosevelt Boulevard, Key West, Florida.
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 hearing or meeting, 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.
Copies of the above -referenced ordinance are available for review
at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, -this 18th day of November, 1996.
DANNI'L.KOLHAGE+
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Published: Il/21 and 11/28/96 I
i The Reporter - 1.
Tavernier, FL 33070 _
Serving the Florida Keys
P.O. Box 1197 • Tavernier, Florida 33070-1197
(305) 852-3216 Fax: (305) 852-8240
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAVEE DOVE, who on oath, says that she is
CLASSIFIED EDITOR of THE REPORTER, a weekly newspaper entitled to publish legal advertising
published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being a legal ad.
IN THE MATTER OF NOTICE OF INTENTION
IN THE Court, was published in said newspaper in the issues of 10/31/96.
Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County,
Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in
Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of
the attached copy of advertisement;
and afiiant further says that she has neither paid nor promised any firm, person, or corporation any discount,
rebate, commission or refund for the purpose of securing this said advertisement for publication in the said
newspaper.
SEAL
SWORN TO AND SUBSCRIBED BEFORE ME THIS 31ST DAY OF OCTOBER A.D. , 1996
1
NOTARY PUBLIC
----0pRCIALNoTARY SEAL
MY COMMISSION EXPIRES: CAROL E DOUVRES
NOTARY PUBLIC til NI h UP ID7i
COMMISSION NO. CC290915
MY COMMISSION EXP. JUNE 2,1997
NOTKZ OF INTEWrION TO CONIMM
ADOFTIOQN OF COUNTY ORMANCE .
NOTICE IS HEREBY GIVEN TO WHOM 1T MAY CONCERN
that on Tuesday, November 12, 1926, at 10:00 A.M. at the Key Largo
Library, Tradewinds Shopping Center, .&e y 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 COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING CHAP-
TER 9.0 OF THE MONROE COUNTY CODE; PROVIDING FOR
FINDINGS; PROVIDING FORAN ON-SIIESEWAGE TREATMENT
AND DISPOSAL SYSTEM (OSTDS) INSPECTION AND COMPLh
ANCE PROCEDURE; PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; PROVIDING. FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFEC-
TIVE DATE.
Pursuant to Section 286.0105, Florida Statutes; uotioa is given that
if a person decided to appeal Any decision made by the Board with respect
to any matter considered at such hearing,or meeting, he will need a record
of the proceedings, and that, for such:pugxm, he may need toensure that
a verbatim record of the proceeding is made, which record includes the
testimony and evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for review
at the various public libraries in Mauroe Caanty, Florida.
DATED at Key West, Florida, this 21st day of October,1996.
DANNY L. KOLHAGE
Cleric of the Circuit Court
and ex offieio Cleric of the
Board of County Commissioners;
of Monroe County, Florida
Published:10/24 and 10/31/96
The Reporter
Tavernier, FL 33070
A-O GC,
V
ak �;
at
.,ITIZEN
Published Deily
KCV West, Monroe Coun(v, Florida 33010
STATE OF FLORIDA
COUNTY OF MONROE,-
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Adveilising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the adveilisement, being
a legal notice /
in the matter o1 u re.t of 4u do le 9. O
ry 'n S t o a "^ 2 r C"
in` the 1°t'urt, was pub fished in said newspaper in the
issues of CLr-N6tr 2t't l6jq6 >�r��l"t.ot
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
nature of Affiant)
Swom to and suh-,( rll)c,c) I;r.lor(, me Ihls 7v r),,v of 1.990
C x(�Ir�• �:l'7-.put/7
I'��r',r�n;illy Knownv 0I Pro dtjc(�d Idt!nllfl(,atl��rl
lyl)'' (A Iclr'�nllllc:111(nl I'I�Jc111r.� t/
(Signa ure of Nota*Ptjic)
- (N�3me of No1,Iry Public)
Teresa Gayle Darling
MY COMMISSION M CC585942 IXPIRES
•. a
September 17, 2000
BONDED THRU TROY FAIN INSURANCE, INC.
NOTICE OF INTENTION TO CON-
SIDER,ADOPTION OF -COUNTY "
ORDINANCE
NOTICE IS - HEREBY GIVEN, TO
WHOM IT MAY CONCERN that on
Thursday, January'16, 1997,1at 5.05
PM at' the Holiday Inn Beachside,
3841 North =,Roosevelt, Boulevard,
Key West, Monroe County, Florida,
the Board of County Commissioners
of Monroe County, Florida, will hold
the .third of three public hearings to
;consider the adoption'of the follow-
ing`County ordinance:
, AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF !
MONROE COUNTY FLORIDA,
CREATING CHAPTER 9.0 OF.THE
MONROE COUNTY CODE; PRO-
VIDING FOR FINDINGS; PROVID= ,
ING FOR AN ON -SITE SEWAGE
TREATMENT AND DISPOSAL SYS
TEM (OSTDS) INSPECTION AND-
COMPLIANCE PROCEDURE; PRO-
VIDING FOR FEES; PROVIDING
I FOR ENFORCEMENT; PROVIDING
FOR SEVERABILITY; FOR REPEAL OF ALL PROVIDING
ORDI-
NANCES INCONSISTENT HERE=
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
I AND PROVIDING AN EFFECTIVE
DATE. r
Pursuant to Section 286.0105, Flor-
ida Statutes, notice is given that if a j
person decided to appeal any deci-
sion made he Board cons de edhat respect
such
to any matter
hearings or meetings, he will need a ;
record of the proceedings, and that,
for such purpose, he may need to en-
sure that a verbatim record of the
proceedings .is made, which. record
includes the testimonyand sovidence
be
upon which th'e appeal
based.
Copies of the above -referenced ordi-
nance are available for review at the
various . public libraries' in Monroe
I County, Florida.
j Dated at Key West, Florida, this 19th
i day of December, 1996.
DANNY L. KOLHAGE ,Clerk of the
Circuit_Court and ex fficio Clerk of,,
i the Board of County Commiss oners
of Monroe County, Florida.
Id December 29th, 1996 & Janua�y 5th, ;
R-()-cX.
q
`ITIZEN
z.
Published Daily
1{ev West, Mo iiroc Comity. Flol-id(' 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Advellising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida- that the attached copy of the advertisement, being
legal notice
ite, v h ,it" o ri 1 G��-P g-
n the matter of ���' � ��
in the ,lc— court, was published in said newspaper in the
issues of o� r Y �-- " 6. 1 LCYA
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
Sworn io and suh',cllhc'd I;r.lr "' nre
ignature of Affiant)
(Signature of Notm'y Prjhllr=)
(Name of Not,Iry I'ul>Ilr )
q-t �-'�•.vu-u
:.�:�''"•°s'�;Teresa Gayle Darling
ri,mrfly Knowrl ,I roducr�rdcnl
MY COMMISSION H CC585942 EXPIRES
ryas :4= September 17, 2000
BONDED THRU TROY FAIN INSURANCE, INC.
lyl�r r�l Id('nIIIIC�IIIr)ri ('Ir�rlur.r'r1 '"�'``
NOTICE OF INTENTION TO COW
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that the
Board of County Commissioners of
Monroe CountY,:xFlorida intends to
consider )he'aSoption of the follow-
ing County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
M��OAANROETING .COUNTY, FLORIDA.
MONROE COUNTY CODE; PRO-
VIDING FOR FINDINGS; PROVID-
ING FOR AN ON -SITE SEWAGE
TREATMENT AND DISPOSAL SYS-
TEM (OSTDS) INSPECTION AND
COMPLIANCE PROCEDURE; PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING
FOR SEVERASILITY; PROVIDING
FOR THE REPEAL OF ALL ORDI-
NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE
COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR -AN EFFEC-
TIVE DATE.
The following is the schedule for the
two remaining public hearings to be
held on this ordinance:
1. 5.06 PM on Wednesday, Decem-
bar 18th, 19", at the Marathon Gov-
ernment Center, 2798 Overseas
Highway,'Marathon, Florida.
2. 5:05 PM on Wednesday, January
15, 1997, at the Holiday Inn Beach -
side, 3841 North Roosevelt BOUIe-
vard, Key West, Florida.
Pursuant to :Section 286.0105, Flor-
ida 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 new lll and e a
record of the proceedings,
for sucliOurpose, he,may need to en-
sure that a verbatim record of the
proceedings is made, which record
includes the testimony a d Svidoence
upon which the- app
based.
Copies of the above -referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 18th
day of November,1996.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
November 24th & December 1 st,
jam
t�
F h K [:ON/ l SITIZEN
l
� A
Published Daily
1{ev West, Monroe Cot►nty, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE;
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is Adve►lising Manager of the Key West Citizen; a daily newspaper published
al Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice
in the matter of -r-)O kkte ok2 _Tnj-evnj►tin -rc.) Cc)nS' d-'r
in the court, was published in said newspaper in the
issues ofI to LOtgG
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) 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 nei-
ther 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 news-
paper.
Sword m �Jnd me lhrs_-___ (J<jy of
(Signature of Affiant)
t-99r)
(Signature of Nol�rry Public)
(Name of No l:rry f'uh(i��:)
I- Xllrrr",- ---- -_-__-
,ran, illy Known (,r f'ro dijc'(�d Idenlifrc';iliorl
lyp' (A Irlr'11l1fic;jt1o1i--
NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
1 ORDINANCE
j NOTICE IS HEREBY GIVEN TO,
:WHOM IT.MAY,CONCERN that the
Board of County Commissioners of
Monroe County,:: Florida intends to
consider the` 6option of the follow-
ing County ordinance:
AN ORDINANCE OF THE BOARD
iOF COUNTY COMMISSIONERS OF
MONROE.COUNTY, FLORIDA,
CREATING CHAPTER 9.0 OF THE
MONROE COUNTY CODE; PRO-
VIDING FOR FINDINGS; PROVID-
1 ING FOR AN ON -SITE SEWAGE
I TREATMENT AND DISPOSAL SYS-
I TEM (OSTDS) INSPECTION AND
COMPLIANCE PROCEDURE; PRO-
VIDING FOR FEES; PROVIDING
FOR ENFORCEMENT; PROVIDING;
FOR SEVERABILITY-,-PROVIDING ,
r FOR THE REPEAL OF ALL�ORDI-
r NANCES INCONSISTENT HERE-
WITH; PROVIDING FOR INCORPO-
RATION.INTO THE MONROE
COUNTY CODE OF ORDINANCES;,
AND PROVIDING FOR AN EFFEC-
TIVE DATE.
The -following is the schedule for the
two. remaining public hearings to be'
held on this ordinance:
1. 5:05 PM on Wednesday, Decem=
ber 18th, 1996, at the Marathon Gov-
ernment Center; 2798 Overseas
Highway,'Marathon, Florida.
2. 5:05 PM on Wednesday, January
15,,1997, at the Holiday Inn Beach -
side, 3841 North Roosevelt Boule-
vard, Key West, Florida.
Pursuant to Section 286.0105, Flor-
ida, 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 en-
sure that a; verbatim record of the
proceedings. is 'made, which record
includes the. testimony and evidence,
,upon which • the appeal is to be
,-based.
Copies of the above -referenced ordi-
nance are available for review at the ,
,various public libraries in Monroe
County, Florida. ,
Dated at Key West, Florida, this 18th
;day of November, 1996.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex.officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
l November 24th & December 1st,
,1996
4S -o,C'C
Published Daily
1{ev West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE,-
Before the undersigned authority personally appeared Randy G. Erickson, who oil oath
says that he is Advertising Manager of the Key West Citizen; a daily newspaper published
at Key West in Monroe County, Florida; that the attached copy of the advertisement, being
a legal notice p
in the matter of (�� o'� t Ce- O r
in the v 1c"_ court, was published in said newspaper in the
issues of fzCAA -t r- a 3 +— 9L r? 1, k Q_q
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail matter at thp_post-e,ffice in
Key West, in said Monroe County, Florida, for a period of 1 year jaext.preAingjhe first
publication of the attached copy of advertisement; and affiant furth9'r_csdys tli�.t he has nei-
ther paid nor promised any person, firm or corporation any disco ur#� rebates corrnission
or refund for the purpose of securing this advertisement for publican -on in tGe said: news-
.
paper. �:: `»',', N r
N CD
V `. C)
4 1996
NpV
(Signature of Affiant)
Sworn to and subsc��l�c�c1 bc�forc me this�8�za�1.990
+y of - �M�ssioy ignature of Notary Public)
4 O
's* : N �•� = (N ame of Nral,iry Puhlic.)
L xl)irc?•,_ %/�/02000
z�
I'cwmmilly Known ✓(,,
lion
IYI)I' of Idontificalioii I'1,A1j(.1.'c1
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, November 12, 1996, at
10:00 a.m. at the Key Largo Library,
Tradewin s . mopping Center, Key
Largo. roe County. Florida, the
Board f County Commissioners of
Monroe County, Florida, intends to con-
sider the adoption of the following
County ordinance:
AN ORDINANCE OF THE BOARD OF
, COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, CRE-
ATING CHAPTER 9.0 OF THE MON-
ROE COUNTY CODE; PROVIDING
FOR FINDINGS: PROVIDING FOR -AN
ON -SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEM (OSTDS)
INSPECTION AND COMPLIANCE
PROCEDURE; PROVIDING FOR
FEES; PROVIDING FOR ENFORCE-
MENT, PROVIDING FOR SEVERASIL
ITY: PROVIDING FOR THE REPEAL:
OF ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MON-
ROE COUNTY CODE OF ORDI-
NANCES; AND PROVIDING AN
EFFECTIVE DATE:
Pursuant to Section 28e.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 meet-
ings, he will need a record of the pro-
ceedings, 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,
Copies of the above -referenced ordi-
nance ore available for review at the
various public libraries in Monroe
County, Florida
Dated at Key West, Florida, this 21 st
day of October, me.
DANNY L. KOLHAGE,
Clerk of the Circuit Court and ex officio
Clerk of the Board of county
Commissioners of Monroe County,
Florida
October.23rd & 27th 1,996
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,
November 12, 1996, at 10:00 a.m. at the Key Largo Library, Tradewinds Shopping Center,
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, CREATING CHAPTER 9.0 OF THE MONROE
COUNTY CODE: PROVIDING FOR FINDINGS; PROVIDING FOR AN ON -SITE
SEWAGE TREATMENT AND DISPOSAL SYSTEM (OSTDS) INSPECTION AND
COMPLIANCE PROCEDURE; PROVIDING FOR FEES; PROVIDING FOR
ENFORCEMENT; 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 $}atutes, 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.
Copies of the above -referenced ordinance are available for review at the
various public libraries in Monroe County, Florida.
Dated at Key West, Florida, this L-/' day of October, 1996.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
-2
ON,—
r�
r
�
�
'T1
W
?7
C)
i
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA CREATING CHAPTER 9.0 OF THE
MONROE COUNTY CODE; PROVIDING FOR FINDINGS; PROVIDING
FOR AN ON -SITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
(OSTDS) INSPECTION AND COMPLIANCE PROCEDURE; PROVIDING
FOR FEES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, there exist over 17,000 permitted On -site Sewage
Treatment and Disposal Systems (OSTDSs) in Monroe County, and
WHEREAS, there is currently no -inspection and compliance program
to ensure that existing permitted OSTDSs are functioning
properly; and
WHEREAS, it is the desire of Monroe ,County to ensure that all
types of wastewater treatment facilities are maintained in good
working order; and
WHEREAS, an OSTDSs inspection and compliance program will help
protect the Keys ground and nearshore waters from the impacts of
wastewater nutrient pollution.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT:
SECTION 1: PURPOSE AND INTENT
This ordinance establishes an inspection and compliance program
for On -Site Sewage Treatment and Disposal Systems ("OSTDSs") in
Monroe County as required under Policy 901.2 of the Monroe County
Comprehensive Plan. The County's intent is to create an
operating permit procedure for new and existing OSTDSs
administered by the Monroe County Public Health Unit ("MCPHU").
The permit procedure will ensure, by regular inspections, that
permitted OSTDSs are adequately maintained and thus minimize
health risks and environmental degradation in the Florida Keys.
Growth Management
SSCTION 2: FINDINGS
I. IN GENERAL. Monroe County encompasses an environmentally
sensitive chain of islands known as the Florida Keys. Monroe
County is designated an area of critical state concern pursuant
to Section 380.0552, Florida Statutes; the Florida Keys are
located within waters designated as Outstanding Florida Waters;
and the Florida Keys lie within the boundaries of the Florida
Keys National Marine. Sanctuary. Within Monroe County there are
approximately 29,000 OSTDSs, some of which are cesspools.
II. PUBLIC WELFARE CONCERNS.
A. PUBLIC HEALTH HAZARDS. A cesspool is a covered pit that
receives raw sewage. Cesspools, because of their open
construction, do not provide sufficient bacterial action to break
down human waste into benign components or to allow for the
destruction of disease causing bacteria and viruses present in
human waste. The lack of treatment in cesspools, coupled with
the geologic environment of highly fractured limestone in the
Florida Keys which allows rapid transportation of liquid, results
in a high probability of human contact with harmful bacteria and
viruses.
B. ENVIRONMENTAL. DEGRADATION. Research sponsored by Monroe
County and others indicates that nutrients discharged by
cesspools and malfunctioning OSTDSs are being transmitted into
nearshore waters. The potential for environmental degradation in
the nearshore area is greater in the Florida Keys than in many
other areas of the state because of the tidal water table,
permeable geologic conditions, substandard lot sizes, and the
high density of OSTDS installations.
III. CURRENT STATE AND LOCAL LAW.
A. Section 381.0065, Florida Statutes, requires that OSTDSs
be operated in a manner which does not adversely affect the
public health or significantly degrade groundwater or surface
water.
B. Section 386.051, Florida Statutes, makes maintenance of
a sanitary nuisance a misdemeanor of the second degree. A
sanitary nuisance is any condition by which or through which,
directly or indirectly, disease may be caused.
C. Under Section 386.041, Florida Statutes, untreated or
improperly treated human waste and improperly built or maintained
septic tanks are prima facie evidence that a property owner is
Bc9609302
09/26/96 10:59 AM
Growth Management
maintaining a nuisance injurious to health.
D. Current HRS regulations do not provide a systematic
method for identifying cesspools or malfunctioning OSTDSs.
SECTION 3: OSTDS PERMITTING PROCEDURE
I. PERMITTEES.
A. Owners of all residential and commercial structures
including houses, mobile homes, single and multi -family rental
units, and businesses which are served by an OSTDS shall be
required to obtain an OSTDS Operating Permit according to the
following procedure. Provided, however, that persons required to
obtain an annual operating permit for their OSTDS under Chapter
1OD-6, F.A.C., shall not be required to obtain a county operating
permit under this ordinance.
1. Owners of resideneial or commercial structures
built or affixed to the land before January 1, 1978,-shall apply
for an OSTDS Operating Permit by December 1, 1997;
2. Owners of residential or commercial structures
built or affixed to the land between January 1, 1978 and January
1, 1984 shall apply for an OSTDS Operating Permit by December 1,
1998;
3. Owners of residential or commercial structures
built or affixed to the land between January 1, 1984 and January
1, 1987 shall apply for an OSTDS Operating Permit by December 1,
1999;
4. Owners of residential or commercial structures
built or affixed to the land between January 1, 1987 and January
1, 1990 shall apply for an OSTDS Operating Permit by December 1,
2000;
5. Owners of residential or commercial structures
built or affixed to the land between January 1, 1990 and the date
of enactment of this ordinance shall apply for an OSTDS Operating
Permit by December 1, 2001;
6. Owners of residential or commercial structures
built or affixed to the land after the date of enactment shall
receive an OSTDS Operating permit concurrent with Final Approval
from MCPHU to operate their system.
B. Owners of residential or commercial structures served by
an aerobic treatment unit permitted under Chapter 1OD-6, F.A.C.,
and installed before July 1, 1991 shall submit an application for
Bc9609303
09/26/96 10:59 AM
Growth Management
an Aerobic Treatment Yearly Operating Permit from MCPHU by June
1, 1997.
C. Owners of residential or commercial structures listed in
the Cesspool Identification and Elimination Project of 1993-94 as
having "unknown sewage disposal" shall receive notification from
MCPHU of that status and shall have their OSTDS inspected by
MCPHU. Upon inspection and approval by the MCPHU, owners shall
apply for an OSTDS Operating Permit within 30 days of said
approval.
II. INSPECTION REPORT.
A. Owners of all residential and commercial structures
served by an OSTDS, except those persons required to obtain
annual operating permits under Chapter 1OD-6, F.A.C., shall have
their system pumped out by a licensed septic tank contractor who
is registered under Chapter 1OD-,6, F.A.C., to haul septage, and
shall have their system inspecte(V by either a licensed septic
tank contractor or plumber registered with the State '...of Florida,
or by a registered professional engineer in the State of Florida,
or by MCPHU personnel. Provided, however, that those persons who
have had their OSTDS pumped out and inspected as a requirement
for receiving a repair, existing (addition to structure), or
change of use permit under Chapter 1OD-6.041(4), F.A.C., within
the last three years may provide that permit number to MCPHU as a
substitute for the inspection report required under this
ordinance.
B. At the time of the pumpout the structural components of
the system shall be checked for cracks, leaks, missing or broken
deflection or discharge devices, structural integrity of the tank
and lid, and any other evidence or record that the system is
failing to provide satisfactory service.
C. Following the inspection, the licensed septic tank
contractor or plumber registered with the State of Florida,
registered professional engineer in the State of Florida, or
MCPHU personnel shall submit a signed, written OSTDS Inspection
Report Form 1 (see Appendix A) to the MCPHU and to the property
owner. The report must fully describe the existing system and
shall:
1. Specify the date the system was pumped out;
2. Specify the gallonage pumped;
3. Describe the elevation, location, and status of the
tank and drainfield; and,
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4. Contain the inspector's certification that the
inspector personally inspected the system and that the
description of the system is accurate.
III. PERMIT APPLICATION. Property owners or their legally
authorized agents shall submit the report along with an
application for an OSTDS Operating Permit to the MCPHU according
to the schedule set forth in Section 3.I. of this ordinance, but
no more than 30 days after the inspection.
IV. PERMIT REQUIREMENTS. Permits shall be issued if:
A. The OSTDS is neither a cesspool nor an OSTDS which
functions as a cesspool because of a breach in structural
integrity;
B. The OSTDS installation .and site includes all the design
elements necessary for the system to function as it was
originally permitted and/or approved for use under Chapter 1OD-6,
F.A.C., and
C. The OSTDS has no malfunctioning parts and there is no
record or other evidence that the system is failing to provide
satisfactory service.
V. PERMIT REVIEW. MCPHU shall review the applications and
within 90 days of their receipt shall:
A. Issue an Operating Permit which will expire five years
from date of issuance, except that the expiration date of a
county operating permit issued on the basis of a substituted
permit number shall be five years from the date of issuance of
the repair, existing, or change of use permit; or
B. Issue a Notice of Incomplete Application which informs
the property owner of the reasons why the application is
incomplete and gives the property owner 30 days to respond to the
MCPHU with an amended application; or
C. Issue a Notice of Rejection of Application on the basis
that the OSTDS is a cesspool, an OSTDS which is operating as a
cesspool due to a breach in structural integrity, or is an OSTDS
which requires repair.
1. Cesspools and OSTDS Functioning as Cesspools.
Where an inspection reveals that the OSTDS is a cesspool or an
OSTDS which is operating as a cesspool, the notice shall inform
the property owner that: (1) the system must be abandoned and
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replaced with an approved system according to the provisions
contained in Chapter 1OD-6, F.A.C., or connected to an approved
centralized sewage collection system; (2) variance procedures
provided in Section 381.0065 (4) (G) , Florida Statutes, shall be
available to applicants when a proposed replacement cannot meet
State requirements of Chapter 1OD-6, F.A.C.; and (3) upgrades
must be accomplished within 180 days of notification, provided
that this period may be extended if an OSTDS Variance is required
under Chapter 1OD-6,,F.A.C.
2. Systems in Need of Repair. Where an inspection
report reveals that the OSTDS is damaged and/or not performing
the originally designed function, the notice shall inform the
property owner that an application for a repair permit must be
submitted to MCPHU within 30 days of notification. The terms and
conditions of the repair permit shall be as specified in Chapter
1OD-6, F.A.C.
VI. APPROVED SYSTEMS.
operating permit has
approved system so long
A. The system
satisfactory operating
Owners of approved systems for which an
been obtained may continue ,.to use the
as;
is properly maintained and remains in
condition;
B. The operating permit is properly renewed;
C. An approved sewage treatment plant has not been
available for connection for longer than 365 days; and
D. No alterations are made to the residence, commercial
structure, or site that would change the sewage or wastewater
characteristics, increase sewage flow, or impede the performance
of the OSTDS.
VII. PERMIT RENEWAL. Permits shall be renewed prior to the
expiration date by submittal of OSTDS Inspection Report Form 2
(see Appendix B) to the MCPHU.
SECTION 4: FEES
I. The fee to accompany an application for an initial Operating
Permit is $150.00.
II. The fee to accompany an application to renew an Operating
Permit will be calculated based upon program administration costs
and will be determined by December 1, 2001.
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SRCTION 5: BNFORCEMSNT
I. MONITORING OF SEPTIC TANK CONTRACTORS, ENGINEERS, AND
PLUMBERS.
A. All licensed septic tank contractors and plumbers
registered with the State of Florida and registered professional
engineers in the State of Florida must receive local
certification by the MCPHU to be eligible to submit system
evaluations pursuant to this section.
B. To facilitate monitoring and enforcement, licensed
septic tank contractors and plumbers registered with the State of
Florida and registered professional engineers in the State of
Florida shall submit their inspection schedules weekly to MCPHU.
C. MCPHU shall monitor OSTDS inspections without notice.
II. PROHIBITIONS. ."
A. Property Owners. Property owners in Monroe County are
in violation of this section if: (1) structures on their property
are served by an OSTDS and the property owner fails to submit an
application for an Operating Permit by the date specified, or (2)
the OSTDS on the property is permitted but is failing to provide
satisfactory service because it is a cesspool or an OSTDS which
is either improperly built or improperly maintained. Failure to
obtain an operating permit or renew an existing permit by the
date specified creates a rebuttable presumption that the OSTDS is
operating in an unsafe or unsanitary manner and creates
reasonable cause to believe that a sanitary nuisance'exists under
Chapter 386, Florida Statutes.
B. Septic Tank Contractors, Engineers, Plumbers. Licensed
septic tank contractors and plumbers registered with the State of
Florida and registered professional engineers in the State of
Florida are in violation of this section if they: (1) falsify
information on the Operation Permit Applications, (2) fail to
regularly submit inspection schedules, or (3) refuse monitoring
by HRS inspectors. Septic tank contractors, engineers, and
plumbers found guilty of a violation of this section shall be
referred to their licensing agency for disciplinary action.
III. PENALTIES.
A. Violations of this section may be prosecuted through
proceedings before the Monroe County Code Enforcement Board under
Chapter 162, Florida Statutes, and Chapter 6.3 Monroe County
Code, or pursuant to chapter 76-435, Laws of Florida. The
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violations may also be prosecuted in the same manner as
misdemeanors are prosecuted. The violations shall be prosecuted
in the name of the state in a court having jurisdiction of
misdemeanors by the prosecuting attorney thereof and upon
conviction shall be punished by a fine not to exceed five hundred
dollars ($500) or by imprisonment not to exceed sixty (60) days
or by both such fine and imprisonment. Violations may also be
prosecuted through any other lawfully available means including
civil and injunctive relief.
B. Where there is reasonable cause to believe that an OSTDS
constitutes a sanitary nuisance as defined in Chapter 386,
Florida Statutes, local authorities shall request that HRS or
MCPHU investigate the OSTDS pursuant to Section 386.02, Florida
Statutes, and, if necessary, conduct enforcement activities as
authorized by Sections 386.03 and 386.041, Florida Statutes.
SECTION 6: REPEAL OF CONFLICTING ORDINANCES
All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 7: VALIDITY OF ORDINANCE
If any section, subsection, sentence, clause, item, change or
provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
SECTION 8: EFFECTIVE DATE
This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the
State of Florida that this ordinance has been filed with said
Office.
SECTION 9: TRANSMITTAL OF ORDINANCE
The Clerk of the Board is hereby directed to forward a copy of
this Ordinance to Municipal Code Corporation for incorporation
into the Monroe County Code of Ordinances.
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PASSED AND ADOPTED by the Board of County Commissioners, Monroe
County, Florida at a regular meeting of said Board held on the
day of , A.D., 1996.
Mayor Freeman
Mayor Pro Tem London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIR PERSON
(SEAL)
ATTEST: DANNY 1. KOLHAGE,.CLERK
s
L- 6
DEPUTY CLERK
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