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Ordinance 058-1997Building Department ORDINANCE NO 058 -1997 AN ORDINANCE AMENDING MONROE COUNTY CODE SECTIONS 6-90(5) AND 6- 90(6), CONCERNING APPEALS TO THE CONTRACTORS EXAMINING BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL 01;,�PII ANCES' INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE-A4GNROE" COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF - MONROE COURfY, FLORIDA: ' Section 1. Sec. 6-90(5) is hereby amended to read as follows: ry Any party fined pursuant to this section may Seel e o Rd-red-1-^+i^^ PF of the peRG'ty by appealing to the contractor's examining board for a full meritorious hearing in accordance with provisions of this chapter for administrative hearings by filing a notice for hearing with the secretary of the Contractors Examining Board within ten (10) days of receipt of service of a citation. Section 2. Sec. 6-90(6) is hereby amended to read as follows: The Contractors Examining Board may impose an administrative fine for the acts prohibited in paragraphs (1) and (2) upon a finding of violation when a citation is contested. Pursuant to this paragraph, the board shall conduct a probable cause hearing as to the alleged violation. Upon a finding that probable cause to believe such violation has occurred, the board FnGyshall impose a civil penalty of the amount designated in the above schedule plus and may assess costs of the proceedings, including but not limited to costs of personnel, equipment and supplies necessary to process the appeal, not to exceed five hundred dollars ($500.00) in addition to the fine specified in paragraph (4)g. Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 5. 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 6. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 1Oth day of December , 1997. Mayor Jack London Mayor Pro Tern Wilhelmina Harvey Commissioner Keith Douglass ,,-= `Commissioner Shirely Freeman i/� ommissioner Mary Kay Reich (SEAL) Attest: ['AINNY L. KOLHAGE, Clerk By ��. G . 61Z� Deputy Clerk jordconappel absent yes yes absent yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman APPRO AS TO FORM AND GAL SUFFICVEN u NE �� � 7 DATE BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 �b �ouNrr� a is ♦ • :� Of �fOE CQUtIf't•�y Mannp 1. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 December 30, 1997 Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 Dear Mrs. Cloud: BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Enclosed please find certified copies of Ordinance Nos. 053-1997 thru 063-1997, which are self-explanatory. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on December 10, 1997. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex officio Clerk to the Board of County Commissioners By: Isabel C. DeSantis a"'10_ M't'�) Deputy Clerk cc: Municipal Code Corporation Board of County Commissioners eounty Administrator County Attorney Growth Management Director ✓File UNITED STATES POST vlf)Mail �4 -_j 0 Fees Paid --A A ho 0 G-10 P address, andCANNY L KOLHAGE CLERK CIRCUIT COURT P.O. BOX 1980 MY WEST, FLORIDA 33041-,1980 S z:7 Z J -T­I;e'�� A - ! 21 j -0.2 0 .1ti61 F T E JR Go 66CO-- Nq F1,3 t"' arid j Ole Street. L�15K WHEN t 0-;all '�r-a'q Z 448 868 308 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Liu not use ror international Mail (see reverse) Sent to — ZI Street & Number V e Aw?lwe- Po I siState, & ZIP C ' � t -?I? - , - - , , 2 I Postage $ Certified Fee Sped elive R etL_, )a I e Rel, Rec' Date, Ndressee TOTAL Posta $ Postmark or Date 0,5-3 -eh o63 -/9 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Cathie of the "kcroary Ottice ut International Relations I)i\ ision kit Administrative Services Division kit Corporations Di\ ision kit Cultural Attairs 1)1r1s1(111 kit lilectiuns Di\ ision kit I listorical Resources Division kit Libranand Information Ser icrw I) "i"11 if Licensing FLORIDA DEPARTMENT OF STATE Sandra B. Mortham Secretary of State DIVISION OF ELECTIONS January 5, 1998 Honorable Danny L. Kolhage Clerk to Board of County Commissioners Monroe County 500 Whitehead Street Key West, Florida 33040 MEMBER OF THE Ft ORIDA CABINET Historic Florida Keys Preservation Baird Iistoric Palm Beach County Preservation Board I listuric Pensacola Preservation hoard Historic St. Autiustine Preservation Board Historic'lallahassee Preservation Board I listuric Tampa/l lillsburoul;h County Preservation Huard Ringlinl; Museum of Art 1 T rn co o � t - C-n a E Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter dated December 30, 1997, and certified copy each of Monroe County Ordinance Nos. 97-53, 97-54, 97-55, 97-56, 97-57, 97-58, 97-59, 97-60, 97-61, 97-62, and 97-63, which were filed in this office on January 5, 1998. Sincerely, V Vw� Liz Cloud, Chief Bureau of Administrative Code LC/mw 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 • E-Mail: c'Icctio�IrrnrtiLcic�s.�hlh.�l.lt. PROOF OF PUBLICATION THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA .i m (ZD CO STATE OF FLORIDA ) � r- ri COUNTY OF MONROE) t= o C> M ;cS r-.. � o Tom Schumaker who�n�a3h, slays tlt the/she Before the undersigned authority personally appeared _ z Y =D 70 Publisher N of the FLORIDA KEYS KEYNOTER, a twice weekly newspaperjublished WMt4, ATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being Notice oi_Int�iti To ri ' Consider Adoption of .County Ordinance Amendit�gSec 6-90(5)/6-90(6) in the IN THE MATTER OF: Appeals to Contractors Examining Brd Court was published in said newspaper in the issues of NOvember 22, 29, 1997 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) 19DO ROTHY C. SHEAMy Comm Emp. loll8"M; $OfVI� In S (seal) ` � No. CC688796 lA P.rsonaW Knovm I I other I.D. SWORN TO AND SUBSCRIBED BEFORE ME THIS 4th DAY OF DEcember - A.D. 19 no. 8140200 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, December 10; •1997 af'1'0:00AM at.the Mara- thon Government Center, 2798 Overseas Highway; -Marathon,- Monroe County, Florida; the Board of County Commission- ers of Monroe County, Florida, intends to consider the adop- tion of the following County or- dinance: AN ORDINANCE AMENDING MONROE COUNTY CODE SEC- iARD; PROVIDING FOR 4BILITY• PROVIDING iE REPEAL OF ALL OR- CES " INCONSISTENT 11TH• PROVIDING FOR ORATION INTO THE nc rntINTY CODE OF ING FOR AN EFFECTIVE DATE. Pursuant toSection 286.0105, Florida Statutes, notice is given that if a person decided to ap- peal any decision made by the Board with respect to any mat- ' ter considered at such hearings or meetings, he will need a re= cord of the proceedings, and that; for such purpose, -he may need to ensure that a verbatim record of the_ proceedin'99s"'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 re- view at the various public librar- ies in Monroe County, Florida. , Dated at Key West, Florida, this 13th day of November, 1997. { DANNY L KOLHAGE, 4 Clerk of the Circuit Court, �. and 6x officio Clerk of the Board Of County Commissioners of - Monroe County,. Florida Publish November 22, 29, 1997 Florida Keys Keynoter Q :L7 0 M Published Daily Key West, Monroe County, Florida 33040 STATE OF FLORIDA COUNTY OF MONROE ut tT I3ef3re the undersigned authority personally appeared Rand he is Advertising Manager of the Key West Citizen, a daily � G. L-son, who on oath says that Monroe County, Florida; that the attached copy of the advertisement,rbeing a,legal hotice ed at Key West in in the matter of 0 . �,�,� in the Court, was published in said newspaper in the issues of oy 2a /9g% o r Affiiant 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 neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication jn:the said newspaper. Signature of A:ffiant Sworn and subscribed before me this -I— day of .. I997 Expires , Z Personally Knowr _ Produced Identification _ J'ypc 01' Identification Produced I 0 Signature of Not Public Notary Seal laY r Teresa Gayle Darling :r9 MY COMMISSION k CC585942 EXPIRES r a September 17, 2000 '•.F of F ;°�`�- BONDED TNRU TROY FAIN INSURANCE, INC. NOTICE OF INTENTION TO COW SIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,'beceffiber 10th, 1997, at 10:00 AM at ths Marathon Govern- ment.Center, 1796. Qv*rseas High - Way, Marathon, Monroe County, Florida, the Board of County Come missioners of Monroe County, Flor- ida, intends to consider the adoption of the following County ordinance: AN ORDNANCE AMENDING SEC. 6-90(5) AND 6-90(6), CONCERNING APPEALS TO THE CONTRACTORS EXAMINING BOARD; PROVIDING FDA SEVERABILITY; 'PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF OR- DIRMCES; AND PROVIDING FOR 4'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 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, this 13th day of November, 1997. 1 DANNY L. KOLHAGE Clerk of the Circuit Court and ex offi- cio Clerk of the Board of County Commissioners of Monroe County, Florida November 21 st & 28th, 1997 Serving the Florida Keys P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8249 STATEMENT OF PROOF OF PUBLICATION LISPS #905580 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared DONNA STUTTS, who on oath, says that she is PUBLISHER 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. Was published in said newspaper in the issue 11/20 and 11/27/97. 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. vk&-4� Yff, SEAL SWORN TO AND SUBSCRIBED BEFORE ME THIS 27th DAY OF NOVEMBER, A.D. , 1997 NOTARY PUBLIC � DAVEE R DOVE MY COMMISSION EXPIRES: Expires Feb. 00, i9w s Bonded by AM f��'oF FlOA�Q� 800-852-5878 NOTICE OF INTENTION TO CONSIDER NOTICE IS HEREBYGIVENTO WHOM rrMAYCONCERN that on Wednesday, December l0, 1997. at 10:00 A.M. t the rMoe ath Government Center. 2798 Overseas Highway. Coun- ty, Florida, the Board of County COmrnisdoners of Monroe County, Florida, intends to consider the adoption of the following County ordi- nance: ANORDINANCE AMENDING MONROECOUNTYCODESEC- TIONS 6-90(5) AND 6-90(6),CONCERNING APPEALS TO THECON- TRACTORS EXAMING BOARD, PROVIDING FORSEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH: PROVIDING FOR INCORPORATION INTO THE MON- ROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECnIVE DATE. Pursuant to Section 286.0105. Florida Statutes, notice is given that if " a person decided to appeal any decision made by the Board with respect to any matter considered at such 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 13th day of November, 1997. DANNY L. KOLHAGE Clerk of the Circuit Court No ex officio Clerk of the Board of County Commissioners of )Monroe County, Florida Published:11/20 and 11/27197 The Reporter Tavernier. FL 33070