Item P07Meeting Date: December 17 2008 - MAR Division County Attorney _
Bulk Item: Yes _ No X
Staff Contact Person: Susan Grimsley, #3470_
AGENDA ITEM WORDING:
Approval to advertise a public hearing for an Ordinance adopting a new Code of Ordinances (re -
codification of existing Monroe County Code) for Monroe County, Florida, to be held at the regularly
scheduled BOCC meeting on January 28, 2009.
ITEM BACKGROUND:
The current Monroe County Code was adopted in 1979. There have been 98 supplements. This project
to re -organize and update the Code has been ongoing for over a year with Municipal Code Corporation
as authorized by the BOCC on April 16, 2006. The Code has been reorganized into two volumes,
General Ordinances and Land Development Code. The provisions have been re -numbered and also
provide a more user friendly size and pagination, once staff is accustomed to using it. The books have
been delivered, and it is proposed in the adoption ordinance that the new code will be used starting
March 1, 2009.The new Code may be examined at the Office of the County Attorney, 1111 12'b Street,
Suite #408, Key West, Florida.
PREVIOUS RELEVANT BOCC ACTION:
Approval of Contract with Municipal Code Corporation on April 16, 2006 to re -codify existing code.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
TOTAL. COST:
COST TO COUNTY: None
BUDGETED: Yes No
SOURCE OF FUNDS: N
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGEN
CC OCOUNTYjo MONROE
KEYVVEaT FLORIDR33040
(305►294-4641
Suzanne A. Hutton, County Attorney"
Robert B. Shillinger, CWef Assistant County Attorney
Pedro I Mercado, Assistant County Attorney
Susan. M. Crimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
** Board Certified in City, County & Local Govt. Law
MEMORANDUM
BOARD OF COUNTY COMMI M19NERS
Mayor George Neugent, District 2
Mayor Pro iem Sylvia I Murphy, District 5
Kim Wgington, District 1
Heather Carruthers, District 3
Mario Di Gennaro, District 4
Office of the County Attorney
1111 121 Street, Suite 408
Key West, FL 33040
(305) 292-3470 — Phone
(305) 292-3516 -- Fax
To: Mayor and Commissioners, Board of County Commissioners
County Administrator, Deputy County Administrator, Division Heads
Through: Suzanne A. Hutton, County Attorney
From: Susan M. Grimsley, Assistant County Attorney
Re: Re -codification of Monroe County Code
Date: November 25, 2008
Accompanying this memorandum is the new two -volume set comprising the Monroe County Code. This
project has been over a year in duration working with Municipal Code Corporation as authorized by the
BOCC on April 16, 2006. The Code has been reorganized into two volumes, General Ordinances and Land
Development Code. The provisions have been re -numbered and also provide a more user friendly size and
pagination, once staff is accustomed to using it.
The December agenda will have an item from the County Attorney's office for approval to advertise a
public hearing for the January 28, 2009 meeting to adopt the ordinance which implements the use of the
new code. Use of the new code would not be effective until March 1, 2009, to give staff and the public time
to become familiar with it, and to get supplements from the last year published and inserted.
Ordinances adopted prior to October 17, 2007, are included. Ordinances enacted after that date are on the
Municipal Code Corporation website as part of the NOW service, New Ordinances on the Web. This service
will continue into the future, as supplements are furnished and ordinances are enacted.
The Land Development Code was presented to the Development Review Committee and the Planning
Commission. The definition section is slightly out of order because it was intended that all affordable
housing definitions be indented under that category. That will be corrected in the first supplement. No
changes were made to the Land Development Regulations. The Land Development Code does not require
memo of transmittal 20081125 Page 1 of
approval by the Department of Community Affairs, and a letter to that erect has been received from DCA
Attorney Richard Shine.
The General Ordinances were updated to remove obsolete boards (Nuisance Abatement Board, Committee
on the Status of Women) and change wording such as "special master" to "special magistrate". Outdated
provisions now superseded by state statute were deleted, such as provisions regulating the sale of
hypodermic needles, regulation of convenience stores and display of magazines with nudity, and funding of
the courts and judicial system. Repetitious definitions were deleted. Every effort was made to keep all the
provisions intact, including some that may be unnecessary, but which were deemed to be the province of the
BOCC upon which to take separate action independent of this re -codification.
The actual proof sets furnished before publication of the volumes provided today are available in the office
of the County Attorney, if you find any errors, or have any questions, please call me.
memo o€transmitia120091125 Page 2 of 2
WHEREAS, the Monroe County Board of County Commissioners (BOCC)
engaged the Municipal Code Corporation (the AMCC@) to re -codify the ordinances
enacted by the County (the "Code"); and
WHEREAS, the BOCC desires to develop the Code into a more user friendly
document that is of greater utility to the citizens of the county, those persons who
use the Code on a routine basis, as well as County officials and staff; and
WHEREAS, the BOCC recognizes that the work of ordinance codification is
an ongoing process that requires a continuing effort by various County officials
and staff, and it is the goal of the BOCC to ensure that the Code is kept current
and of maximum use and clarity;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. The Code entitled "Monroe County, Florida Code," published by
Municipal Code Corporation, consisting of chapters 1 through 146, each inclusive,
is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or
before October 17, 2007, and not included in the Code or recognized and
continued in force by reference therein, are repealed except for
(a) Ordinance 026-1999 concerning the length of service award program for
volunteer fire personnel and emergency medical services personnel which was
never codified, and will be included in the first supplement to the code.
(b) former Sections 13.5-3 (a)(2)and (3), 13.5(b)in its totality concerning the
serving of alcoholic beverages at the restaurant at Higg's Beach which was
inadvertently omitted.
Section 3. The repeal provided for in section 2 hereof shall not be construed to
revive any ordinance or part thereof that has been repealed by a subsequent
ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of
a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine of not less
than $15.00 nor more than $500.00, imprisonment for a term not exceeding 60
days, or any combination thereof. Except as otherwise provided by law or
ordinance, with respect to violations of the Code that are continuous with respect
to time, each day that the violation continues is a separate offense and with
respect to violations that are not continuous with respect to time, each violation is
a separate offense.
Section 5. Additions or amendments to the Code when passed in such form as to
indicate an intention to make the same a part of the Code shall be deemed to be
incorporated in the Code, so that reference to the Code includes the additions and
amendments.
Section 6. Ordinances adopted after October 17, 2007, that amend or refer to
ordinances that have been codified in the Code shall be construed as if they
amend or refer to like provisions of the Code.
Scctaon 7. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be
invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder
of this ordinance, but the effect thereof shall be confined to the section,
paragraph, subdivision, clause, sentence, or provision immediately involved in the
controversy in which such judgment or decree shall be rendered.
Section S. This ordinance shall be filed in the Office of the Secretary of the State
of Florida.
Section 9. This ordinance shall become effective on March 1, 2009.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the of 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
Attest: DANNY L. KOLHAGE,
CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor George Neugent
MONROE COUNTY ATTORNEY
APPR ;ED As TO FORM:
r
` S N M. GRJMSL Y
AS ISTANT COUNTY TTORNEY�/
Date
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, January 28,
2009, at 3:00 P.M., or as soon thereafter as may be heard, at the Harvey Government Center, 1200
Truman Avenue, Key West, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following proposed County Ordinance:
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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 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.
ADA ASSISTANCE. If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8: 30 a. m. - 5: 00 p. m., no later than 2 working days prior to the scheduled meeting; if you
are hearing or voice impaired, call 11711 ".
A copy of the Ordinance may be obtained and the new Code may be examined at the Office of the County Attorney,
1111 12`h Street, Suite 4408, Key West, FL 33040.
Dated at Key West, Florida, this 17'b day of December, 2008.
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex ofcio Clerk of the Board of County
Commissioners of Monroe County, Florida
For Publication as a x1 page display ad — title in 18 point type:
Reporter (Fr) 12/26/2008
Keynoter (Sa) 12/27/2008
KW Citizen (Su) 12/28/2008