The URL can be used to link to this page

Ordinance 019-2023 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ORDINANCE NO. 019 - 2023 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS STRIKING SECTION 8-37 ("PASSAGE OF FOUR YEARS TO PROSECUTIONS") OF THE CODE OF ORDINANCES OF MONROE COUNTY; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE,AND INTER ALIA RULES OF CONSTRUCTION. WHEREAS, the Monroe County Board of County Commissioners (hereinafter"BOCC" or"Board")constitutes the local legislature of unincorporated Monroe County,Florida, and Article VIII, Section 1, of the Florida Constitution, provides that the Board is the governing body of Monroe County with powers of self-government as provided by general or special law; and WHEREAS, certain of those powers have been enumerated in Section 125.01(l), Florida Statutes, and include: (1)The power to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and (2) The power to perform any other acts not inconsistent with law; and WHEREAS, Section 125.01(3), Florida Statutes, provides that the enumeration of all powers in Section 125.01,Florida Statutes, are deemed to incorporate all implied powers necessary or incident to carrying out such powers enumerated and further provides that the provisions of Section 125.01, Florida Statutes, shall be liberally construed in order to effectively carry out the purposes of Florida Statutes Section 125.01 and to secure for counties the broad exercise of home rule powers; and WHEREAS, the Board therefore finds and concludes that unpermitted work and development in the unincorporated Florida Keys constitutes a harm to public health, safety, and welfare; and WHEREAS, the Board therefore finds and concludes that the prosecution of unpermitted work and development in the unincorporated Florida Keys which remains unpermitted and/or that remains without the required approved, passed inspection(s), constitutes a continuing harm to the public health, safety, and welfare, and must not be judicially declared to be time-barred; and WHEREAS, the Code Compliance Special Magistrate in Code Compliance Case No. CE20070012 held that, "under section 8-37(a), the limitations period must be measured from the alleged violator's failure to satisfy a continuing duty" to obtain an after-the-fact permit; and WHEREAS a local court conducting limited appellate review recently overruled the Special Magistrate's decision in a November 18, 2022, opinion in Case No. 21-AP-08-P (the "Stone" opinion); and Page 1 of 4 WHEREAS, the statute of limitations established by Section 8-37 is inconsistent with every other local county and municipality in the State of Florida, none of which have a statute of limitations for code enforcement; and WHEREAS, as the Board seeks to make unincorporated Monroe County consistent with the rest of the State. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Section 1. - Recitals and Legislative Intent. The foregoing recitals, findings of fact, statements of legislative intent, and conclusions of law are true and correct and are hereby incorporated as if fully stated herein. Section 2.-Amendment. Section 8-37 of Chapter 8, Article II, of the Code of Ordinances of Monroe County is hereby amended as follows (deletions are stricken through; additions are underlined): ptir-pese ef this seetien, the term "initia+ed" means the filing ef a netiee ef nn (2) Detefmination by the building affieial or- his/her- at4har-ized designee of an tifisafe (c) ster-age area, shall be diseenfintied and shall net be enter-ed inte er- r-enewed after- the or- more in d-ttr-a4ien in a pai4iettlar- RV par-k, ether- than in a designa+ed ster-age area, Page 2 of 4 shall be eansider-ed a new violation. Pr-eviatis leases or- agr-eemeat for- oeetipaney or- star-age of r-eer-eation vehieles or-RAI spaees within a pai4ietilar-RAI par4E, other-than for- as laehes or- bar- eafer-eemeat aetions br-ought for- new violations aeetir-r-ifig after- the Section 3.—Construction. The interpretation of this ordinance, and all provisions of the Monroe County Codes, Comprehensive Plan, floodplain management regulations, and Florida Building Code whose interpretation arises out of, relates to, or are interpreted in connection with this ordinance, these being necessary for the health, safety, and welfare of the residents of and visitors to Monroe County, shall be liberally construed to effectuate the public purpose(s) and policy(ies) hereof, and such interpretations shall be construed in favor of the Monroe County BOCC, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, and on appeal. Section 4. — Severability, Partial Invalidity, and Survival of Provisions. If any provision of this ordinance, or any section, subsection, or part or portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this ordinance, or any remaining section(s), subsection(s), part(s), or portion(s) thereof. All other provisions thereof shall continue unimpaired in full force and effect. Section 5.—Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict herein. Such repeal shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed hereby. Section 6. — Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer. Section 7. —Inclusion in the Monroe County Code of Ordinances. The provisions of this ordinance shall be included and incorporated into the Code of Ordinances of Monroe County, Florida, and shall be numbered to conform with the uniform numbering system of the Code. Section 8. — Effective Date. This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall become effective as provided by law. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 20th day of September, 2023. Mayor Craig Cates No Mayor Pro Tem Holly Merrill Raschein No Page 3 of 4 J 7 Commissioner Michelle Lincoln Yes tA9 ---' / i.8 Commissioner James K. Scholl Yes IP, r:" `,. Commissioner David Rice Yes X IL... l '-,s WI,- 1 BOARD OF COUNTY COMMISSIONERS -! !e1VIN MADOK, Clerk OF MONROE COUNTY,FLORIDA By: AV Urr By: "'' s Deputy Clerk .yor MONROE COUNTY ATTORNEY'S OFFICE Approved as to form and legal sufficiency: Digitallysigned by Kelly Dugan M (DN:cn=Kelly Dugan,o=Monroe County r,, Kelly Dugan Bo«'ou,email=dugan kelly@monroecounty-fl.gov,c=US ,; Date:2023.09.251651:00-04'00' C.' r - CD Kelly Dugan,Assistant County Attorney `�' �'O jw.-' ..._:'. a< rn fa -r, Page 4 of 4 14 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO ATTORNEY 1111 12TH ST STE 408 KEY WEST FL 33040 Account: 420264 Ticket: 3889408 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER of County Commissioners. ADOPTION OF COUNTY ORDINANCE COUNTY OF MONROE Dated at Key West, Florida, this 21st NOTICE IS HEREBY GIVEN TO WHOM IT day of April,2023. MAY CONCERN that on May 17,2023, (SEAL)KEVIN MADOK,Clerk of the Cir- Before the undersigned authority personally appeared at 9:00 A.M. or as soon thereafter as cuit Court and Ex Officio Clerk of the the matter may be heard, at the Har- Board of County Commissioners vey Government Center, 1200 Truman of Monroe County,Florida Avenue, Key West, Florida,the Board 04/26/26-KWC Melinda Prescott who on oath says that he or she is of County Commissioners of Monroe 420264 3889408 County, Florida, intends to consider adopting the following ordinance: The legal advertising representative of the Key West Citizen,a five day newspa- AN ORDINANCE BY THE MONROE per published in Key West,in Monroe County, Florida;that the attached copy of COUNTY BOARD OF COUNTY COM- advertisment,being a legal notice in the matter of NOI Code Enforcement was (-PASSNAG E AMENDING SECTION 8-37 ("PASSE OF FOUR YEARS TO PROS- published in said newspaper in the issues of: ECUTIONS") OF THE CODE OF ORDI- NANCES OF MONROE COUNTY TO CLARIFY THAT CODE COMPLIANCE Wednesday,April 26,2023 PROSECUTIONS MUST BE INITIATED WITHIN FOUR YEARS OF THE ACTUAL DISCOVERY OF THE VIOLATION BY THE Affiant further says that the Key West Citizen is a newspaper published in Key MONROE COUNTY CODE COMPLIANCE West, in said Monroe County, Florida and that the said newspapers has hereto- DEPARTMENT; PROVIDING THAT THIS DE- fore been continuous) published in said Monroe County, Florida Tuesday thru CONSTITUTES E R AFFIRMATIVE CARRIES continuously Y Y FENSETHATTHERESPONDENTCARRIES Saturday weekly,and has been entered as periodicals matter at the post office in THE BURDENTO RAISE AND DISCHARGE SPE- Ke West, in said Monroe County, Florida,for period of 1 year next preceding BEFORE THE CODE COMPLIANCE THAT Y Y p Y p g CIAL MAGISTRATE; TO CLARIFY THAT the first publication of the attached copy of advertisement;and affiant further says THIS SECTION DOES NOT APPLY TO that he or she has neither paid nor promised any person,firm or corporation any PROSECUTION(S) BASED UPON FAIL- URE TO OBTAIN A PERMIT;TO CLARI- discount, rebate, commission or refund for the purpose of securing this advertise- FY THAT WORK WITHOUT A PERMIT, ment for publication In the said newspaper. SUCH AS DEVELOPMENT (INCLUDING BUT NOT LIMITED TO CONSTRUCTION OR LAND CLEARING), IS CONSIDERED A CONTINUING VIOLATION THAT CON- TINUES UNTIL REQUIRED AFTER-THE- FACT PERMIT(S) ARE OBTAINED AND CLOSED OUT. The proposed ordinance may be in- spected by the public at the Monroe � 1 , County website by viewing the agenda packet for the May 17,2023 meeting, (Signature of Afflant) which will be posted beginning on May 5,2023 at:http://monroecountyfl.igm2. com/Affirmed and subscribed before me this 26th dayofA April 2023 nanccitiz y also viewed spx. The oon- p Hance may also be viewed at the Mon- roe County Attorney's office at 1111 12 p� th St.Ste.408 Key West,FL 33040. The public can participate in the May 17,2023 meeting of the Board of Coun- (Notary Public Signature) ty Commissioners of Monroe County, FL by attending in person or via Zoom. The Zoom link can be found in the Laura M Robins agenda at http://monroecountyfl.igm2. (Notary Public Printed Name) com/citizens/default.aspx. ADA ASSISTANCE: If you are a person My commission expires 9/26/2026 with a disability who needs special accommodations in order to partici- pate in this proceeding, please con- Personally Known X Produced Identification_ tact the County Administrator's office, Type of Identification Produced (Notary Seal) by phoning (305) 292-4441, between the hours of 8:30a.m.-5:00p.m., prior to the scheduled meeting; if you are Sb&mK hearing or voice-impaired, call "711". �u ��ro7rrmiisG�n H ce �a Live Closed-Captioning is available via H Wi our web portal @ http:Hmonroecoun- d 125`12026� tyfl.igm2.com/Citizens/Default.aspx for meetings of the Monroe County Board WNE-E K ftE K L PuNish d Weekly Marathon,Monroe County,unty,Florida PROOE01TURC_, ON STATE OF FLORIDA COUNTY OF MONROE Before they undersigned authority NC)T E Of INTEN"K)NTO) VAVB�t.WB��N�iiBB:v ONrB pi( CCBNSiDER HIE p rsc naHy appeared JASON KOLER who AEX)PTION OF COUNTY l- FACT '.ERMrV(SO ARE 01WL`ABruED UL on oath, says that he is PUBLISHER f N07CE Aoepvo osed/rd y NbTICEISHER�BYGtVENTCI Th�pr�r�� iaarduirakarwA,emay the WEEKLY NEWSPAPERS, a vveseMy WHOM IT MAY CONCERN that bn8rspec.der"BNay the w"usbiirM on May 17,2023,at 9:00 A.M.or the Monroe CounB y arel sRe by newspaper Published in Marathon, in as soon thereafter as the matter viewntj the aciendaix:kerfir Monroe County, Flood : that the may be heard,at the Harvey,Gov- the Mayi7,2Cd:lrnoeenurig,wlikb ernment Center,1200Truman WO be pasted b gfinning on May attached copy of cadvertiseffie?nt was Avenue,Key West,Florida,the 5,202;3 at:httpJ/creueaniror.rcrLrn, p�Ubl'Gstlrend 'ira said ne uspr pUr iu'a the ro,ardvfCouratyCommissiran �1pWN Theoftantemaytif'[so ersnpMc+nra Catwrr+ty,"Onda, aspx. l rrs3lranc araaya0 rroara uSSUesnf:(dt (s) 'fpUblaa. tuan) VSwterurfskncar9sbNANCEderdaaptfttgri' aPaa;c&sRkfNBrpwrrorfrr.urw'fy sIe, 408 fdiAN �BOARDOCOUNTYRCA �Bu�Aftwpp4atrl�c7yr w�re participate111 ¢i r rt. C MMIaSIONERSAMENDING Y a rTirTN 8-37("PASSAGE OF the Board of County Cornnois- FOUlB EARS TOPROSECU- aoileascroft Monroe County,FLby Tgt W-)OFTHE CODE OF ORTal. attending in person or via Zoorn. Af'fiaant further says that the said WEEKLY NAWEAS OF MONROE COUNTY The Zoom link can be found in NEM SP PEPS is 3 newspaper �uaq�CisitC' TOC.t.ARIFY THAT CODE COMPU the,agenda athctp)/monrcr_ a f ANCFi PROSECUTIONS MUST BE eccarantyyfV.lgrr12.copnlcVtizens/ at Marathor,u, in said Monroe County, IWnA"fgaD WITHIN FOUR YEARS defanit.aspx, OF DIE ACTUAL DISCOVERY OF ADA ASSISTANCE:If you are a Fiorida,and that the saH newspaper haas TREW)LATIONBYTHE MONROE person with a disability who heretofore been continuously p ubhshed COUNtY CODE COMPLIANCE needs special accornmodatioru r2G"PARTMENT;PROW DING THAT. in order to participate in this In said Monroe County, Florida, once THISCONSHTUTES AN AFFiRMA- proceeding,please contactthe each week (on 'IftUrsdar ) and has been TIVE DEFENSE THATTHE RESPOW County Adminiscrator"sOffice, Y DENT CARRIES THE BURDEN TO by phoningg C305)292-4441, qualified s asecond class mail rnatte«r at RAISE AND DISCHARGE BEFORE between the hours of8;30a.m.-- the srsi office in Marathon,' Iu°a 6CYnrtaE� THE CODE COMPLIANCE SPECIAL S;Cxrp.m,prior to the scheduled MAGISTRATE,TO CLAR1FYTHAT nwlging,if you are hearing rar County,Horidaa,fair a period of'one year THIS SECTION SNOT APPLY vuautd Irrropaared,raCr 7118 l.BvcKK p y a"kaeclCa taeanin ssavaliaFalr T O SECIJTrCaN(S}USED p g next. preceding the first p ublicBtlon of NFAILURETO OBTAIN A vuaaarttrwetaportaE�http/nua theat't C'pl d nrapay Ca advertisement, H"Iu TOCLARIFY`rHA'rV WORK 'De u a�m2comdCwtbaeinsd' WITHOUT A PERMIT,SUCH AS Deftauuit.aspx car meetings raf ttta ffuaant further says that he has neither DEVELOPMENT(MCLUDINGBUT rrroeC+arantyBoardofcdtar4y said nor promised any person, finTr, or NCtI"t&RLAN"l CLE SNG),5 Dated at"CommissW st,Florida„'this i3" M'' p' '" Ttt3N OR LANTr CLEARGNCrip d� corporation any discount„ rebate, CWSIDERED A CONTINUING 21stdayofApriI,2023, BEVIN MADOY,Clerk of the cornenisMon or refund for the purpose of Circuit Court and securing tools dw✓ertlseu w nt fear ExO idoClerkofthe and sec g of T'ouanty Commissioners of publication in the said newspaper(s)and Monroe County,Florida that Th lCI " p0gisit . � _ k*V/, _a."A(er t�.b,�._.F�� April'27,�2,°3 r>rrTar a 8 proC .v rru ll._.C-tLaLter__..`C_.._ .. mfI:j ""Weekly New Varrers EjqrjC3.-i 1 Statutes on q.-er al_-In . G� : 2dN_ Nrr�n.�. rrb�pJ a Sva orri to and subscribed be=fore.._'.__... Trac_this racy of 02.3 (SEAL) Notary TERRY RM f M7'/{,/ a7i lER tuber 17®Public GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN September 26, 2023 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is a copy of Ordinance No. 019-2023 of the Board of County Commissioners of Monroe County, Florida, striking Section 8-37 ("Passage of Four Years to Prosecutions") of the Code of Ordinances of Monroe County; providing for severability, an effective date, and inter alia rules of construction. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on September 20, 2023. Should you have any questions please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Liz Yongue, Deputy Clerk cc: County Administrator County Attorney MuniCode BOCC File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 irr ' pw' I FLORIDA DEPARTMENT Of'STAT'E" RON DESANTIS CORD BYRD Governor Secretary of State September 27, 2023 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Kevin Madok, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 019-2023, which was filed in this office on September 26, 2023. Sincerely, Anya Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270