Ordinance 001-1996
Building Department
ORDINANCE NO 001 -1996
AN ORDINANCE CREATING A CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS; PROVIDING FOR APPEALS OF THE
DECISIONS OF THE BUILDING OFFICIAL REGARDING INTERPRETATION
OF TECHNICAL BUILDING CODES APPLICABLE TO MONROE COUNTY;
ESTABLISHING THE POWERS OF THE BOARD; ESTABLISHING APPELLATE
PROCEDURES; 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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Sec. 6-16.1 (a) is hereby created to read as fOIlO~S:; ~
""- -.......
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(a) The Construction Board of Adjustment and Appeals, s
established by the 1994 edition of the Standard Building Coste with :z
Appendix C, as adopted by the Southern Building Code ~gtess Of
International, Inc., shall consist of the members of the ConJractors:z:::.
Examining Board, plus one architect, one professional engi~er:and ~
a second alternate member. Terms of office, removal, vdl:ancies,Q:)
regularity of meetings, and administrative hearings of the
Construction Board of Adjustment and Appeals shall be governed
by the same rules and regulations as the Contractors Examining
Board.
(1) The Construction Board of Adjustment and
Appeals shall have the power to hear appeals of the building
official's decisions and interpretations concerning the
technical code.
(2) All other provisions in the section on
Construction Board of Adjustment and Appeals of the
Standard Building Code, as adopted, not inconsistent
herewith are hereby adopted.
Section 2.
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.
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Section 3.
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of said conflict.
Section 4.
The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
Section 5.
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 17th day of
January
, AD, 1996.
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
yes
yes
-yes
yes
yes
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By.A?~~r~f'.M)
Deputy CI
By cS~-f"~P~
Mayo halrman
EFFECTIVE DATE
jordcbaa
APPROVED AS TO F("''''~"~
?O LEGAL ~UFFICI ,C"
~J:~~7Vi5
Dannp 1... Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA'IHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL, (305) 852-7145
FAX (305) 852-7146
January 24,1996
CERTD'lIW MAIL
RETURN RECEIPT 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:
Enclosed please find a certified copy of Monroe County Ordinance No. 001-1996,
creating a Constroction Board of Adjustment and Appeals; providing for appeals of the
decisions of the Building Official regarding interpretation of technical building codes
applicable to Monroe County; establishing the powers of the Board; establishing
appellate procedures; 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
Commk~ioners at a Regular Meeting in fonnal session on January 17, 1996.
!
Please me for record.
Mrs. Liz Cloud
January 24,1996
Page 2
Sincerely,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commi~ioners
By: Ruth Ann Jantzen
.6'.uI'~)
Dep ty Cle
cc: Mayor Shirley Free~n
Mayor Pro tem Jack London
Commissioner Keith Douglass
Commt~ioner Wilhelmina Harvey
Commissioner Mary Kay Reich
Bob Herman, Growth Management Director
County Attorney
County Administrator
Herb Rabin, Building Official
Municipal Code Corporation
File
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FLORIDA DEPARTMENT OF STATE
Sandra B. Mortharn
Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
401 South Monroe Street
Tallahassee, Florida 32399-0250
(904) 488-8427
January 29, 1996
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:
..
Pursuant to the provisions of Section 125.66, Florida Statutesu
this will acknowledge your letters dated January 24, 1996 and
certified copy each of Monroe County Ordinance Nos. 96-1, 96-2,
and 96-3, which were filed in this office on January 29, 1996.
Sin~ ~~
Liz Cloud, Chief
Bureau of Administrative Code
LC/mw
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Z~: ZId It" NVr 96.
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ntttutt_irNL ;,UJe :;I+FruKA1101,
---_� ----
Supplement Department 6—_® •—_�_� a
• PO Bo:. 2235 4ve Al 4' r K ,
Tallahassee, Fl 3231E-223. .S.POSTAG11
FEB 12'96 's�
d*1'►- e'�� ti
Supplement 59 02/12/36 2 0
PD.e6z24
We have received the foolltainn material.
Thank you for your asist=nce and cooperation.
Ordinance Woe, 001-1996, (02-1996, 003-1996,
014;-1996 and 026-1995.
TO
tie. Ruth Ann danger!
Deputy Clerk
Monroe County
PO Pox 1900
Iley Nest, FL 33040
d
d '
1-800-262.0130E (National) E03
Send your ordinances to ords6oaiI.iaunicodescom
Visit our home Ps+pe_,at-http://u'?=w.nunicode.coc
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4
PROOF,OF PUBLICATION r
,. -
THE FLORIDA KEYS 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: An Ordinance Creating A Construction Board of Adjustment and Appeals in the
— — .-- -- ' Court was published in said newspaper in the issues of
Dec. 30 1995- Jan. 13 1996 — --__—_—_--_•
no.4265800
AIliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper CONSIDERIEOF IN ENTION TO
at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- COUNTY ORDINANCE
• NOTICE IS HEREBY GIVEN TO
paper has heretofore been continuously published in said MONROE COUN- WHOM IT MAY CONCERN that'
on •Wednesday, January 17,'
1996,at 10:00 a.m.at the Mon-
TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been roe County Courthouse, 500' -
Whitehead Street,Courtroom B,
entered as second class mail matter at the post office in MARATHON, in Key West, Florida,the Board of
County Commissioners of Mon-
said MONROE COUNTY, FLORIDA, for a period of one year next preceding roe County, Florida, intends to
consider the adoption of the fol-
lowing County ordinance:
the first publication of the attached copy of advertisement; and affiant fur- AN ORDINANCE CREATING A
CONSTRUCTION BOARD OF
ther says that he has neither paid nor promised any person, firm, or CorpO- . ADJUSTMENT
PROU DING FOR APPEL APPEALS;OF
ration any discount, rebate, commission or refund for the purpose of secur- THE DECISIONS OF THE ING OFFICIAL REEGARDINGBUILD-
IN-
TERPRETATION OF TECHNICAL
ing this advertisement for publication in the said newspaper.(SEAL) BUILDING C DES APPLICABLE
ICABLE
ESTAB-
LISHINGO THE POWERS OF THE
BOARD;ESTABLISHING APPEL-
LATE PROCEDURES; PROVID-
_ ING FOR SEVERABILITY; PRO-
• VIDING FOR THE REPEAL OF
ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING
FOR INCORPORATION INTO
' THE MONROE COUNTY CODE
OF ORDINANCES; AND PRO-
VIDING AN EFFECTIVE DATE. .
Pursuant to Section 286.0.105,
MARY LOU SOLLBERGE Florida Statutes, notice is given
+ that of aperson decides to apppeal
1~rly Comm Exp. $/'�.�/pi^j any decision mode by the Board
NCITF,P,Y with respect to any matter con-
(SCaI) . PUBLIC Bonded By Service Ins eidered at the hearing, he will
need a record of the proceedings,
`7=� '` CC219643 and that, for such purpose, he
`�yOF `'`O No. verba-
tim tof the proceedings a ve'as
Pe srnrf Known I)O ho R D. 15 th made,which record includes the
SWORN TO AND SUBS IBED BEFORE ME THIS 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:
DAY OF Jan' 19__ 96 Dated at Kel West,Florida,this
C 20th day of December,1996.
DANNYL.KOLHAGE
Clerk of the Circuit Court
A.D.7 . _M_—NM N and ex oMon Clerk of unthe Board
of County Commissioners of
Monroe County,Florida
Publish Dec.30,1996;Jan.13,
1996
Florida Keys Keynoter
•
zoort-eit
SERVING THE UPPER KEYS
DAGNY WOLFF FOR OVER 20 YEARS
Editor&Publisher BOX 1197 • TA V E R N I E R, FLA. 33070
(305) 852-3216
FAX 852-8249
STATEMENT OF PROOF OF PUBLICATION
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF, who on oath, says that she is •
EDITOR and 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 ADVERTISEMENT
IN THE MATTER OF NOTICE OF INTENTION_.
IN THE Court,was published in said newspaper in the issues of_12/28/95 and 1/11/96.
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 he 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.
•
SE
SWORN TO AND S CRIBED BEFORE ME THIS _11TH DAY OF__JANUARY_A.D.,1996__
/d6t-CP__ 0604)(--C--
NOTARY PUBLIC Pu3Vo DAVEE R DOVE
My Commission C0431878
MY COMMISSION EXPIRES: 4�. /� ;' Expires Feb.05,1P99
Bonded by ANB
'`L'OF FL S) 800-852-5878
NOTICE OF INTENTION TO CONSIDER
- ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that on Wednesday, January 1-70996, at 10:00 A.M. at the Monroe ;
County Courthouse, 500 Whitehead-St e.et, Courtroom B, Key West,
Florida,the Board of County Commissioners of Monroe County,Florida,
intends to consider the adoption of the following Countyordinance:
AN ORDINANCE CREATING A CONSTRUCTION BOARD OF
•
ADJUSTMENT AND APPEALS;PROVIDING FOR APPEALS OF
THE DECISIONS OF THE BUILDING OFFICIAL.REGARDING IN- ,
TERPRETATION OF TECHNICAL BUILDING CODES APPLICA-'
• BLE TO MONROE COUNTY;ESTABLISHING THE POWER S OF
• THE BOARD,ESTABLISHING APPELLATE PROCEDURES; PRO-
VIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH;PROVIDING FOR IN-
CORPORATION INTO THE MONROE COUNTY CODE OF ORDI-
• NANCES;AND PROVIDING 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 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 20th day of-December,1995.
DANNY L.KOLHAGE
Clerk of the Circuit Court
- ' -".-and ex officio Clerk of the r
Boaazd of Coanty.Commissioners
• of Monroe County,Florida
Published:12/28/95 and 1/11/96 - - •
The Reporter - — — —
Tavernier,FL 33070 -
2.0ter(7,
i3 KEINEST
iwJLITIzEN
Published Daily
Key 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 NC.)%vee. off'- 1erN Il'or I C1(eal vintet.,
v s1:vwti \`O r, Aoc..re1
in the court, was published in said newspaper in the
issues of 0AN(A,r `1-1
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.
ignature of Affiant)
Sworn to and subscribed before me this/c ay of , 1996
...�, Pof otary Public)
4nmrt
f ai ; en4;oi tary Public)
Expires.
Personal y nown-or Produced Identification .
Type of Identification Produced
^
. .
^ -
�
—
' NOTICE OF INTENTION TOCON' �
6|DERADOPT| COUNTY �
~ ~ ORDINANCE
NOTICE IS HEREBY GIVEN TO '
� vvnom IT MAY CONCERN that on
January 17, 1998 at
10:00 6a.m. at the Monroe County
Courthouse, 500 Whitehead Street,
CourtroomB'
Keyno �)� ~ —`' the
�——
Monroety Commissioners of
--_ ^
consider the
o�t1on.,,Qf the follow
"w""='y=d'="=='
/ r--/ ---
� /
^NOR� R�f
ONSTRUCTION BOARD OF AD-
--'T AND APPEALS;PRO-
VIDING FOR APPEALS OF THE DE-
CISIONS OFTHEBU|LD|N8OFFI-
CIAL REGARDING INTERPRETA-
TION OFTECHNICAL BUILDING
CODES APPLICABLE-TO MONROE
COUNTY;.
POWERS OF THE BOARD;ESTAB_
-LISHING APPELLATE PROCE-
DURES;PROVIDING FOR SEVER�
1 ABILITY;,PROVIDING FOR THE RE-
, PEAL OF| INCON-
SISTENT ORDINANCES^`~~'^' '
ITH; PROVIDING
FOR|NCLUS|ON/N THE CODE—
ORD�ANC —'
-- '
AN EFFECTIVE D".= �
Pum�� � 8�U� ��notice is V1 ida �
� Statutes,
deci-
sionm respect
~ any mat.f6r-considered at such
hearing, he will n6bd,a record of the
may need toonsu� t6t
a
VorboUm moordof0m procdedings is .
made;which record includes the tes-
timony and evidence
appeal is to be based.
_ . Copies o? the �
""^mme are uvnmom for review at
the various public|ibmhouin Monroe
county, Florida.
DATED at 2O�day of ` 'West, Florida, �'~
December, 1_5. —
o*NNYL KOLHAGE'
| Clerk of the Circuit Court
/ and evoffioo Clerk of the Board cf '
) County Commissioners nfMonroe
County,Florida .
'Jonuary3rd&�h. 1S90
'
c'
~
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,
January 17, 1996, at 10:00 a.m, at the Monroe County Courthouse, 500 Whitehead Street,
Courtroom B, Key West, Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County ordinance:
AN ORDINANCE CREATING A CONSTRUCTION BOARD OF ADJUSTMENT
AND APPEALS; PROVIDING FOR APPEALS OF THE DECISIONS OF THE
BUILDING OFFICIAL REGARDING INTERPRETATION OF TECHNICAL BUILDING
CODES APPLICABLE TO MONROE COUNTY; ESTABLISHING THE POWERS OF
THE BOARD; ESTABLISHING APPELLATE PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
decides to appeal any decision made by the Board with respect to any matter
considered at the hearing, 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 20th day of December, 1995,
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Building Department
ORDINANCE NO -1995
AN ORDINANCE CREATING A CONSTRUCTION BOARD OF
ADJUSTMENT AND APPEALS; PROVIDING FOR APPEALS OF THE
DECISIONS OF THE BUILDING OFFICIAL REGARDING INTERPRETATION
OF TECHNICAL BUILDING CODES APPLICABLE TO MONROE COUNTY;
ESTABLISHING THE POWERS OF THE BOARD; ESTABLISHING APPELLATE
PROCEDURES; 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.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that:
Section 1. Sec. 6-16.1 (a) is hereby created to read as follows:
(a) The Construction Board of Adjustment and Appeals,
established by the 1994 edition of the Standard Building Code with
Appendix C, as adopted by the Southem Building Code Congress
International, Inc., shall consist of the members of the Contractors
Examining Board, plus one architect, one professional engineer and
a second alternate member. Terms of office, removal, vacancies,
regularity of meetings, and administrative hearings of the
Construction Board of Adjustment and Appeals shall be governed
by the same rules and regulations as the Contractors Examining
Board.
(1) The Construction Board of Adjustment and
Appeals shall have the power to hear appeals of the building
official's decisions and interpretations concerning the
technical code.
(2) All other provisions in the section on
Construction Board of Adjustment and Appeals of the
Standard Building Code, as adopted, not inconsistent
herewith are hereby adopted.
Section 2. 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 3.
All ordinances or parts of ordinances in conflict with this
I
ordinance are hereby repealed to the extent of said conflict.
Section 4.
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.
S~ction 5.
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
day of
, AD, 1995.
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
(SEAL)
Attest: DANNY L.KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
EFFECTIVE DATE
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