Item O2
Sep 15 03 04:44p
p. 1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
EMERGENCY ADD ON.
Meeting Date: September 17, 2003
Division:
District 1
Bulk Item: Yes
No
Department: Mayor Dixie M. Spehar
AGENDA ITEM WORDING:
Approval of a resolution of the Board of County Commissioners of Monroe County, Florida
suspending for ninety days certain provisions of the Monroe County code regarding County code
enforcement citations for violations of the requirement to COlUlect to an available publicly owned or
investor-owned sewerage system within 30 days after written notice that the system is available for
connection.
ITEM BACKGROUND~
Monroe County Code Sec. 15.5-21 and 15.5-30 mandate the connection of anyon-site sewage
treatment and disposal system to COlUlect within 30 days of notice of availability to a publicly owned or
investor-owned sewerage system.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACf/AGREEMENT CHAi\"GES:
STAFF RECOMMENDATIONS:
TOT AI. COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty LOMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAl.:
Mayor Dixie M. Spehar
DOCUMENTATION:
Included 1--
To Follow
Not Required_
AGENDAlTE~N~
0,{1
I>ISPOSITION:
Revised 1/03
Sep 15 03 04:44p
SEP-1S-03 10.2? FROH,HONROE COUNTY ATTY OFFICE 10,3052823516
p.2
PACE 2/3
Mayor Dixie Spehar
RESOLUTION NO.
-2003
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA SUSPENDING FOR NINETY DAYS
CERTAIN PROVISIONS OF THE MONROE COUNTY CODE
REfiARD1NG COUNTY CODI! ENFORCEMENT CITAnONS FOR
YlOLAnONS OF THE REQUIREMENT TO CONNECT TO AN
AVAILABLE PUBUCLY OWNED OR INVESTOR-oWNED SEWERAGE
SYSTEM WITHIN 30 DAYS AFTER WRITTEN NOTICE THAT THE
SYSTEM IS AVAILABLE FOR CONNECTION.
WHEREAS, Monroe County COde Sec. 15.5-21 and 15.5-30 mandate the
connection of anyon-Site sewage treatment and disposal system to connect within 30
days of notice of availability to a publicly owned or investor-owned sewerage system;
and
WHEREAS, Florida Statutes Section 381.00655 requIres the connection within
365 days of notice of availability; and
WHEREAS, the number of owners who may be affected by this requirement at
any given time are so numerous as to overload the availability of qualified contractors
to install the infrastructure necessary to connect to the requisite sewerage system;
and
WHEREAS, some property owners have multiple units requiring an engineer to
design infrastructure as weU as a contrac:ror to install the infrastructure, and this
engineering requirement has similar constraints of the availability of engineers to
address all of the systems requiring engineering plans at any given rime; and
WHER.EAS, the permitting process can be tedious and time-consuming; and
WHEREAS, involving the owners who are diligent in pursuing the connection and
additional proceedings and costs generated bV a code enforcement citation could
unnecessarily delay and complicate the diligent owners' efforts to come into
compliance; and
WHEREAS, the Board of County Commissioners has directed staff to drart and
process an ordinance to revise the thirty day rule of Sections 15.5-21 through 15.5-
32, Monroe Countv Code, to a practical time frame within the State requirements;
now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Sep 15 03 04:44p
SEP-IS-03 18,26 FROM,HONROE COUNTY ATTY OFFICE ID,~Wb~~~~blo
p.3
...AlOJ::; ~/.;I
That code enfon:ement citattons for violations pursuant to Sections 15.5-22 and
15.5-32, Monroe County Code, shall not be issued for a period of ninety days from the
date of this Resolution.
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_
I 2003.
Mayor Spehar
Mayor Pro Tern Nelson
Commissioner MCCov
Commissioner Neugent
Commissioner Rice
(SEAL)
Attest: DANNY L.KOLtfAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
DeputY Oerk
Mayor/Chairperson
Jt'l!S5l!werconnect