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Ordinance 006-2004 ORDINANCE NO. 006 --2004 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 6-29, MONROE COUNTY CODE; PROVIDING FOR AN INCREASE IN AFTER-THE-FACT FEES FOR CLEARING, FILLING, AND WORK DONE WITHOUT A PERMIT; PROVIDING FOR A MITIGATION FEE TO BE PAID TO THE COUNTY ENVIRONMENTAL RESTORATION FUND FOR FILLING OF WETLANDS WITHOUT A PERMIT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Division and its Code Enforcement Department are continually having to respond to construction work and land clearing and filling being done without benefit of a permit contrary to the County's construction and land development regulations; and, WHEREAS, consistent with Florida Statutes, the primary approach for enforcement of the County's regulations is by bringing unpermitted work and activity into voluntary compliance rather than by the levying of fines; and, WHEREAS, Chapter 162, Florida Statutes, limits the County's authority to levy fines where compliance is obtained and no violation has occurred of an irreparable or irreversible in nature; and, WHEREAS, the primary tool remaining to the County as a deterrent to unauthorized work or clearing and filling is the fee schedule and provisions of Section 6-29 and environmental restoration standards and provisions of Section 9.5-119, Monroe County Code ("MCC"); and, WHEREAS, Section 6-29 (a)(1), MCC, establishes the fee for obtaining a permit after the fact at $250 or 10 percent of the value of the construction already completed, whichever is greater, or obtaining a demolition permit to bring the site back into its original condition; and, WHEREAS, where land clearing is done without a permit, the site must be restored in accordance with Section 9.5-119, MCC, and an after-the-fact permit must be obtained for a fee of $250; and, WHEREAS, where placement of fill is done without a permit, either an after-the-fact permit must be obtained for a fee of $250 or, if all the fill is to be removed, a demolition permit must be obtained for a fee of $50 and the site restored to its original condition; and, WHEREAS, the County incurs additional costs to investigate and bring into compliance illegal construction and land clearing and filling activities, which must be borne by the Monroe c: \ TEMP\finalafter-the- fact -ordr .doc Page 1 of 4 County taxpayer, as the after-the-fact permit fees for such activities are insufficient to cover these additional costs or provide an adequate deterrent to further violations; and, WHEREAS, the filling of wetlands has negative long-term impacts on these sensitive environmental communities that can not be adequately restored even with the removal of the illegal fill, but can be partially mitigated off-site, as authorized for permitted fill activities in disturbed wetlands under Section 9.5-348(d)(6), MCC; and, WHEREAS, it is very difficult to sustain an allegation of an irreparable or irreversible violation before the Special Master or in a court of law, as specific evidence to support the allegation is generally lacking, especially in clearing of environmentally sensitive habitat with endangered and other protected species; and, WHEREAS, the Growth Management Division staff has prepared amendments to Section 6-29, MCC, to more adequately recover the costs incurred by the County to bring these unpermitted activities into compliance and, at the same time, increase the disincentives for doing work or land clearing and filling without benefit of a permit; and, WHEREAS, the Growth Management Division staff is working on amendments to Section 9.5-119, MCC, to strengthen the County's environmental restoration standards regarding illegal land clearing and filling to more adequately restore and protect significant upland habitat and wetland communities; and, WHEREAS, the Board of County Commissioners has reviewed the proposed amendments to Section 6-29, MCC, recommended by the Growth Management Division staff; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING: Section 1. (1) Section 2. follows: (2) Section 6-29 (a)(1), MCC, is hereby amended to read as follows: Any person who commences any work requiring a permit under this chapter on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or necessary permits shall pay five- hundred dollars ($500) for completed construction work that is valued at $5,000 or less or, pay one-thousand dollars ($1,000) for completed work that is valued at more than $5,000 or ten (10) percen(ofthe value of the construction work already completed, whichever is greater. The first sentence of Section 6-29(a)(2), MCC, is hereby amended to read as Before any permit may be issued under paragraph (a) above,_the person, firm or corporation seeking the permit shall, at his own expense provide the building department with the following: C:\TEMP\fmalafter-the-fact-ordr .doc Page 2 of 4 Section 3. (3) Section 4. (4) Section 5. Section 6-29 (a)(3), MCC, is hereby created that reads as follows: Any person who commences to place fill that requires a permit under this chapter before obtaining the building official's approval or necessary permits shall : a. Pay five hundred dollars ($500) for fill placed over one-hundred (100) square feet or less of area, or pay one thousand dollars ($1,000) for fill placed over more than one-hundred (100) square feet of area; and, b. Pay a mitigation fee to the County's Restoration fund of three dollars ($3.00) per square foot of wetlands area affected; and, c. Restore to the original condition and grade those filled areas that can not be permitted under the Florida Building Code and chapter 9.5. Section 6-29(a)(4), MCC, is hereby created that reads as follows: Any person who commences to clear lands that require a permit under this chapter or chapter 9.5 before obtaining the building official's approval or necessary permits shall: a. Pay five hundred dollars ($500) for clearing of one-hundred (100) square feet or less of land, or pay one thousand dollars ($1,000) for clearing of more than one-hundred (100) square feet ofland; and, b. Comply with the requirements of section 9.5-119 of this code. Section 6-29(b), MCC, is hereby amended to read as follows: (b) Demolition: In lieu of obtaining an after-the-fact permit or approval from the building official above, the person, firm or corporation may remove all unpermitted work and return the site to its original condition. A demolition permit shall be required for all commercial work (regardless of value)~ and for residential work when the fair market value of the unpermitted construction work is one-thousand ($1,000) or more. For removal of unpermitted fill, a demolition permit shall be required, the fees and requirements for the demolition permit including payment of mitigation funds shall be the same as those for an after-the-fact permit pursuant to paragraph (a)(3) above. For unpermitted land clearing, an after-the-fact permit, not a demolition permit, shall be required pursuant to the provisions of paragraph (a)( 4) above. Section 6. (c) (1) Section 6-29( c), MCC, is hereby amended to read as follows: Unpermitted Placement of Fill and Land Clearing; After-the-Fact Permit: If land has been cleared in excess of what may be permitted, no building permit shall be issued for after-the- fact construction work under this section until the c: \ TEMP\finalafter-the- fact -ordr .doc Page 3 of 4 requirements of section 9.5-119 and section 6-29(a)(4L of this code have been met. (2) If placement of fill has occurred in excess of what may be permitted, no building permit shall be issued for after-the-fact construction work under this section until the requirements of section 6-29(a)(3) have been met. Section 7. Section 6-29(d), MCC, is hereby amended to read as follows: (d) Work is Unpermittable: In the event the construction work, land clearing, or placement of fill is unpermittable under the_Florida Building Code and chapter 9.5 of this code, the site shall be restored to its original condition pursuant to paragraph (b) above. Section 8: 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 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. This ordinance shall take effect immediately upon receipt of the official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. Section 11. 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. Mayor Nelson /~~or Pro Tern Rice i,/.1;~.~E', -p, '" · ". issioner McCoy ,,"/ \~ ,,,<\;.. N '., :........' ii' <;.'.~-,.:-g~ 23 0.",. ",l.oner eugent I;' //"\;<7' ' ,~i\lssioner Spehar ;~:;~ ,<?\:~i':!\... \ ~1,-~, ,,;;( '. ". """""" I.'~. '.. _..r' ,"_'. "..'" i' _.~ ~ L.KOLHAGE, Clerk ByG.~ Deputy Clerk I'-J ~,. c::..".~ Section 13. The Clerk of the Court is hereby directed to forward a copy of this Oi:\linzmce~ thF Municipal Code Corporation for incorporation into the Monroe County Code of oifiiW;ceiQ 6 0,_ :::0 rr1~-':: I ." PASSED AND ADOPTED by the Board of County Commissioners of Monroe cain€, Fl9lide at a regular meeting of said Board held on the 17h of March, AD, 2004. ~?c:~ ::l> ;; -in. -.I" ' -<:-I:::::: - Pl :'1 :;;" C> S? r - ;;:;--' 1',. CM r...:> ~ ~ ~ ~ ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~ (~ Mayor/Chairperson C: \ TEMP\fmalafter-the- fact-ordr .doc R T N. WOLFE D~t~IEl.f~N!.C~~ ATTORNEY Page 4 of 4 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL (305) 289-6027 FAJ<(305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL (305) 292-3550 FAJ< (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL (305) 852-7145 FAJ< (305) 852-7146 April 7,2004 Mrs, Liz Cloud, Chief Bureau of Administrative Code & Laws The Collins Building 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 9099 Dear Mrs, Cloud, Enclosed please find a certified copy of Ordinance No, 006-2004 amending Section 6-29, Monroe County Code; providing for an increase in after-the-fact fees for clearing, filling, and work done without a permit; providing for a mitigation fee to be paid to the County Environmental Restoration Fund for filling of wetlands without a permit; providing for the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; providing for severability; and providing for an effective date, This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on March 17, 2004, Please file for record, Should you have any questions please feel free to contact me at (305) 292-3550. Danny L Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by Q.~ amela G. Hancock, D.C. cc: Municipal Code Corporation via certified mail 700220300001 26689105 County Administrator w/o document Growth Management County Attorney BOCC File o+ , SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature =, item 4 if Restricted Delivery is desired. X GRACIE PENIGN • Print your name and address on the reverse III f ' Co 3'1L'=1e so that we can return the card to you: B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. rr��ry//'' AD Dells delivery address different from item 1? 0 Yes 1. Article Addressed to: L W i lit —71f Yt ,d jer mlrlWery address below: 0 No Mrs. Liz Cloud `t`f Bureau of Administrative Code _ The Collins Building , 107 W Gaines Street, Suite L43 Tallahassee FL 32399-0250 3. Service Type ; (Ordinance 006-2004) Xrtified Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. (Transfer Number � 7002 2030 0001 2668 9099 ' from service label) i PS Form 3811,August 2001 Domestic Return Receipt I 102595-02-M-1540, U.S. Postal Service,. - - ' D- CERTIFIED MAILTM RECEIPT ' p - (Domesiic Mail Only;No Insurance Coverage Provided) , LI— For delivery information visit our website at www.usps.come ..D ft1 Postage�VESTF ra Certified Fee mPostmark �C. CI Return Reclept,FeeMg" ere Au (Endorsement Reguired) �A� O O Restricted Delivery Fee rn (Endorsement Required) O Total Postage 8 Fees ISL Oops RJ ° ems im Sent To ' o Mrs. Liz Cloud (Ordinance 006-2004) r- st ptid�t,I4;;�of Administrative Code o. -Clt�;`Sgte,71P�4"3:ne-s---Suet "Stria'-L43 Tallahassee FL32399-0250 ' PS Form 3800,June 2002 See Reverse for Instructions t \ J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete , A. Si.•:ture / item 4 if Restricted Delivery is desired. s Print your name and address on the reverse ❑A dre so that we can return the card to you. h ""/�`^J ,/�CL�t1'�Addressee • Attach this card to the back of the mailpiece, B eived y(P inted e) C. Date of Delivery or on the front if space permits. W l(1 ' L 1. Article Addressed to: D. Is delivery address different from item 1? CI Yes If YES,enter delivery address below: ❑No • Ms. Evelyn Jefferson Municipal Code Corporation . PO Box 2235 Tallahassee FL 32316-2235 (Ordinance 006-2004) 3. Service Type XIIRMXfied Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number • (Transfe i frikl seNice f ei) 1;1 i 1i yi 0 P 2 2 0 3 0 to p[]L I a,6 6 81 9„10 5 PS Forma' U.S. Postal ServiceTM 102595-02-M-1540 cmCERTIFIED MAIL. RECEIPT, - ra (Domestic Mail Only;No Insurance Coverage Provided) o- For delivery information visit our website at www.usps.como .�0 O F IF N C A L • � aE Postage M,0 rq Li Certified Fee EST,4,, Return Reclept Fee ostmark ? Mal (Endorsement Required) Here s. nem Restricted Delivery Feeifft"lall O fT t (Endorsement Required) • , ....// CI Total Postage&Fees fllruNMI ii unici al Code Corp. a P p. (Ordinance 06-04; fti s e=t,ABt.T 2235 pi•f, Ci ,State,ZIP+4 - Tallahassee FL 32316-2235 PS Form 3800,June 2002 See Reverse for Instructions '' _1 C5 1...: (FL rrL Co- .— 'i J CI' C:.j • :l i 7 rt ri 1Ca ,:Mr t.•.� FLORIDA DEPARTMENT OF STATE Glenda E. Hood Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES April 12,2004 Honorable Danny L. Kolhage Clerk of Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated April 7, 2004 and certified copy of Monroe County Ordinance No. 006-2004, which was filed in this office on April 9, 2004. SiD. cerely, \\ (f~ twucx Liz Cloud Program Administrator LC/mp % f'v c:::l .' 0 0 c:::l - Z 1> .I:- r- ~n::Z la f"Tl or-2 ""0 0 "':;lI; .....: ::::u (") . r' ." on. \.0 0 c:: :O;l., ::tJ z. 0 -t(")r- ~ ::tJ ;<:-t:r f"Tl ..., )> - C"") r- C) .,. ,." '. 0 (".) :0 (".) C OST ATE LIBRARY OF FLORIDA RA Gray Building. Tallahassee. Florida 32399-0250 · (850) 245-6600 FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.tl.us OLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES OFLORIDA STATE ARCHIVES (850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894 OADMINISTRA TIVE CODE AND WEEKLY (850) 245-6270. FAX: (850) 245-6282 Email Confirmation Page 1 of 2 ~unl~.com Municipal Code Corporation P.O, Box 2235 Tallahassee, FL 32316-2235 850-576-3171 Monroe County, FL Code of Ordinances - 1979(11270) Supplement 84 Recorded: 4/9/2004 10:32:32 AM We have received the following material through Hard Copy. Document Adoption Description Ordinance No. 006-2004 3/17/2004 Amending sec. 6-29 providing for an increase in after the fact fees for clearing, filling and work done without a permit . Are you e-mailing us your ordinances? Send them to QLds_@..miJ.om@,C.9DJ . Does your code need a legal review? We can help - e-mail for an estimate . Ask us about electronic supplementation and our newest service N,O,W, posting ordinances in between supplements % "" c::::. -rl Q 0 c::::. :II: 1> .J:- r- ::0(")2" za,. F"T1 Qr-2 ;g 0 "'::x: -: 2nr" -rr c::- (.-) 0 z::O ;r ::0 .0 -(") r- ~ ::0 :<:;:J:: ", ~ )> C) .l:- n ~ ,.., .. 0 - :::0 0'\ r::; http://intranet.municode.com/B IS/Recording/acknow ledgePrint.asp ?jobid=227 66&print=tru... 4/912004 vvro 4—Fa ea + (u�I��/ r ___ I�YEPWEST ITIZEN The Florida Keys Only Daily Newspaper,Est 1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator PO Box 1800 COUNTY OF MONROE Key West Fl 33041 Before the undersigned authority personally appeared Randy G.Erickson,who Office..........305-292-7777 Extension......... x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax............305-294-0768 mcanitano@keysnews.com West Citizen, a daily newspaper published in Key West, in Monroe County, INTERNET PUBLISHING Florida; th t the attached co of advertise went, being a legal notice in the keywestcom matter of Oj}1��f Ql11�.(0-aL keysnews.com floridakeys.com key-west.com Web Design Services In the Court,was gqpublished ��in said newspaper in the NEWSPAPERS issues of �j � ) h li, c -A The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Affiant further say at the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press Ocean Reef Press heretofore been continuously published in said Monroe County, Florida every Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide Citizen Local's Guide publication of the attached copy of advertisement; and affiant further says that Paradise Keys Tv Channel Guide he has neither paid nor promised any person, firm or corporation any discount, MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES i / Printing 1 Main Facility Signature of Affiant 3420 Northside Drive Key West,FL r. _ 33040-1800 C Cj Tel 305-292-7777 q ' + Fax 305-294-0768 T '� citizen@keywestcom Sworn and subscribed before me this 3 day of , 2004 Internet Division n• r-- t Tr 1201 White Street(Suite 103) CD n' CTl C Key West,FL ? � :. • 33040-3328 .`C7(-'. -� Tel 305-292-1880 t7 Fax 305-294-1699 �nn� ` j sales@keywest.com i Y l�Jt�"IR M,, • Mary BetIT-Canitane3 NQtgry Public Middle Keys Office 0'1 :7_7 6363 Overseas Hwy Marathon,FL(MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.com Expires: January 15, 2007 Notary Seal Upper Keys Office .-,�, 81549 Old Hwy 4 ..+°°°°. MARY BETH CANITANO pv nr, PO Box 469 °rr,��`c a Notary Public-State of Florida Islamorada,FL(MM81.5) 33036-0469 '• � ';MyCGYT1rT16510nEX�1dea,1af1)$,2�7 Tel 305-664-2266 rCommission#DD178046 Fax 305-664-8411 F OF f de/Bonded freepress@floridakeys.com "'°"". By National NotaryAssn. = tea r.'"la;- Ocean Reef Office 3A Barracuda Lane Key Largo,FL 33037 Tel 305-367-4911 Personally Known x Produced Identification Fax 305-367-2191 Type of Identification Produced ( • NOTICE OF INTENTION TO CON- SIDER ADOPTION OF COUN ry ORDI- NANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,March 17,2004,at 3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County,-Florida,intends to consider the adoption of the follow- ing County ordinance: AN ORDINANCE OF THE MONROE COUNTY BOARD OF COMMIS- SIONERS AMENDING SECTION 6- 29, ENTITLED "FINES AND RE- QUIREMENTS FOR WORK DONE WITHOUT BENEFIT OF PERMIT," PROVIDING FOR AN INCREASE IN AFTER-THE-FACT FEES FOR CLEARING, FILLING AND WORK DONE WITHOUT A PERMIT; PRO- VIDING FOR A MITIGATION FEE TO BE PAID TO THE COUNTY EN- VIRONMENTAL RESTORATION FUND FOR FILLING OF WET- LANDS WITHOUT A PERMIT',PRO- VIDING FOR SEVERABILITY, PRO- VIDING FOR REPEAL OF INCON- SISTENT ORDINANCES, PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE, PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flori- da 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 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 ordi- nance are available for review at the various public libraries in Monroe County,Florida. Dated at Marathon,Florida,this 25th day of February,2004. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida [February 28&March.3 2004 IF'('' ' ����Gi-f�, o o CJvXJ� �� ITIZEN The Florida Keys Only Daily Newspaper,Est.1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator PO Box 1800 COUNTY OF MONROE Key West Fl 33041 Before the undersigned authoritypersonallyappeared RandyG. Erickson, who Office..........305-292-7777 g Extension x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax.............305-294-0768 mcanitano@keysnews.com West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; thatthe attached coA of advertise ent Bing a legal notice in the INTERNET PUBLISHING > keysets tJ om matter of i ) � l�A o� key snews corn floridakeys.com key-west.com Web Design Services In the i . Court, was publishedin said id newspaper in the NEWSPAPERS issues of �Il i1-!l • The Citizen 1 Southernmost Flyer Solaces Hill Big Pine Free Press Affiant further says th t e Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press Ocean Reef Press heretofore been continuously published in said Monroe County, Florida every - Seaport Log and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first Home Guide Citizen Local's Guide publication of the attached copy of advertisement; and affiant further says that Paradise he has neitherpaid norpromised anyperson, firm or corporation anydiscount, Keys TV Channel Guide rp MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card newsp p 1� Direct Mail illi FLORIDA KEYS OFFICES • A ����� Printing/Main Facility 3420 Northside Drive Signature•o iAffiant rr! Key West,FL -, -' -G C.7 33040-1800 ��ti Tel 305-292-7777 �_--C -1, Fax 305-294-078 citizen@keywest.com �nr GO J Sworn and subscribed before me this ) day ofc- `'( __,72004 Internet Division nr-.- :I: 11-1 1201 White Street(Suite 103) �=_i C) Key West,FL - .'• 33040-3328 -r1 Tel 305-292-1880 �.�X�� ��\\\�/� t'.• r l (�•, r V.i Fax s@key est.co p, /'[ pI ` }��. i� sales@keywest.cam �\11 li 1 Mary Beth Canitano,Notary Public Middle Keys Office 6363 Overseas Hwy Marathon,FL(MM 52.5) 33050-3342 • Tel 305-743-8766 Fax 305-743-9977 navigator©floridakeys.com Expires: January 15, 2007 Notary Seal Upper Keys Office 81549 Old Hwy PO Box 469 ' MARY BETH CANITANO Islamorada,FL(MM81.5) ,`irRY Pip 33036-0469 ? . x`�.,Notary Public-State of Florida Tel 305-664-2266 -• ` .a` ' • MyCommissianE tesJan15,2007 Fax 305-664-8411 ;a,• F •,= freepress@floridakeys.com ?s,-� . t ° Commission#DD178046 oa; Bonded By National Notary Assn. Ocean Reef Office 3 r 41 • 3A Barracuda Lane Key Largo,FL 33037 Tel305-3674911 PersonallyKnown x Produced Identification Fax 305-367-2191 Type of Identification Produced PUBLIC NOTICE NOTICE OF INTENTION TO CON- - SIDER ° ADOPTION OF COUNTY ORDk. . NANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday,March.17,2004,at 3:00 PM at the Marathon Government Center, '2798 Overseas Highway, Marathon, Monroe County, Florida, ' the Board of County.Commissioners ' ' of Monroe County,Florida,intends to consider the adoption of the,follow,. ing County ordinance: • AN ORDINANCE OF THE MONROE '. COUNTY BOARD OF COMMIS- : SIONERS AMENDING SECTION 6- 29, ENTITLED "FINES AND RE QUIREMENTS FOR WORK DONE WITHOUT BENEFIT OF PERMIT," : ' :PROVIDING FOR AN INCREASE IN ; AFTER-THE-FACT FEES FOR : ,r, CLEARING,. FILLING AND WORK- DONE WITHOUT/A PERMIT; PRO- VIDING FOR A MITIGATION FEE TO BE PAID TO THE COUNTY EN- , VIRONMENTA L RESTORATION'` FUND FOR FILLING OF WET- LANDS WITHOUT A PERMIT;PRO- VIDING FOR SEVERABILITY, PRO- VIDING FOR REPEAL OF INCON-, SISTENT ORDINANCES, PROVID- ING FOR INCORPORATION INTO THE MONROE COUNTY CODE, PROVIDING FOR AN EFFECTIVE - DATE. • Pursuant to Section 286.0105, Flori-, da 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' 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 ordi-- nance are available for review at the, .various' public libraries in'Monroe" County,Florida. I Dated at Marathon, Florida;this 25th day of February,2004. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners - of Monroe County,Florida, February 28&March 3,2004