Ordinance 047-1987
County Attorney
ORDINANCE NO.
047 -1987
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
PROVIDING THAT MONROE COUNTY CODE ENFORCEMENT
OFFICERS AND MUNICIPAL SERVICE DISTRICT
HAZARDOUS WASTE INSPECTORS BE DEEMED
ENFORCEMENT OFFICERS FOR THE PURPOSE OF
ENFORCING FLORIDA STATUTE 705.16 PERTAINING
TO PROCEDURES FOR REMOVAL AND DESTRUCTION OF
ABANDONED, WRECKED, OR DERELICT PROPERTY
LOCATED ON EITHER PUBLIC OR PRIVATE PROPERTY;
ADOPTING BY REFERENCE SECTION 705.16 OF THE
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute 705.16 provides for procedures for
removal and destruction of abandoned property on both public and
private property; and
WHEREAS, Florida Statute 705.16 defines abandoned property
as wrecked or derelict property having no value other than
nominal salvage value, if any, which has been left abandoned and
unprotected from the elements and shall include wrecked, inopera-
tive, or partially dismantled motor vehicles, trailers, boats,
machinery, refrigerators, washing machines, plumbing fixtures,
furniture, and any other similar article which has no value other
than nominal salvage value, if any, and which has been left
abandoned and unprotected from the elements; and
WHEREAS, Florida Statute 705.16 defines enforcement officer
as a sheriff, director of public safety, police chief, marshall,
or any other officer designated by law, charter, ordinance, or
resolution of the governing body of the local government to
enforce the provisions of 705.16, Florida Statutes; and
WHEREAS, it is desirous that Monroe County Code Enforcement
officers
and Municipal
Service District Hazardous Waste
Inspectors be designated enforcement officers for the purpose of
enforcing the provisions found in 705.16, Florida Statutes; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 705.16 of Chapter 705,
Florida
Statutes, as existing and as may be amended is hereby enacting
and adopted as the official law of Monroe County.
Section 2.
Monroe County Code Enforcement officers and
Municipal Service District Hazardous Waste Inspectors are hereby
designated enforcement officers for the purpose of enforcing the
provision of Section 705.16, Florida Statutes.
Section 3.
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 4.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5.
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 6.
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 3e.b day of AJ'hl."'~A!e , A. D., 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Byg~:.~
M r C airman
(SEAL)
At te s t :DANNX L. KOLHAGE, Clerk
APPROVED AS TO FORM
ANDLEGALSUFAC~NCY.
~..L /!~. iP. ~
lerk .
BY
ADOPTED:
J/-3.~7
FILED WITH SECRETARY OF STATE:
JJ-- 9 .. f 7
EFFECTIVE DATE:
[1- Ic~ - ~?
2
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, November 3, 1987 at 3:00 P.M. at the Marathon
Courthouse, Marathon, Monroe County, Florida, the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO.
-1987
AN ORDINANCE OF MONROE COUNTY, FLORIDA,
PROVIDING THAT MONROE COUNTY CODE ENFORCEMENT
OFFICERS AND MUNICIPAL SERVICE DISTRICT
HAZARDOUS WASTE INSPECTORS BE DEEMED
ENFORCEMENT OFFICERS FOR THE PURPOSE OF
ENFORCING FLORIDA STATUTE 705.16 PERTAINING
TO PROCEDURES FOR REMOVAL AND DESTRUCTION OF
ABANDONED, WRECKED, OR DERELICT PROPERTY
LOCATED ON EITHER PUBLIC OR PRIVATE PROPERTY;
ADOPTING BY REFERENCE SECTION 705.16 OF THE
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR 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 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 ordinance are available for review at
the various Monroe County Public Libraries.
DATED at Key West, Florida, this 8th day of October, A.D.
1987.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
PROOF OF PUBLICATION
7~~
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authnrity personally appeared
DAGNY WOLFF
, who on oath, says that he is
of THE REPORTER, a weekly newspaper published at Taver~Q}!~nIbJr~~\'~~orida;
that the attached copy of advertisement, being a UIAL NOTICE
IN THE MATTER OF
in the "QY1C~ogrt,ltf1I'liJ:R~hlcPi~Omo!R ADOPTION OF COUNTY ORDINANCE
newspaper in the issues of 10-22 & 10-15-87
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
ME THIS 22ND
DAY OF
PUBLIC
NOTARY PUBLIC STATE Of HOiiJDA
MY COMMISSION EXPIRES. ~y rnMM1';<;TnU I'XP A~;; ;' l~Ql
BOMSLC IHR0 blNE2AL INS.. UND.
NonCE OF INTI:NTlON OF CONSlDEa
ADOI'TION OF COUNTY ORDINANCB
NOTICE IS HEREBY GIVEN TO WHOM IT MAY, CONCERN that On
Tuesday, November 8; 198ht 8:00 p.m, at the ',Mai-athonCourthouse,Marathon,
MOnroeeounty, Florida, th&Board of County Commissioners of Monroe County.
Florida, intends to consider the adoption of the following County Ordinance:
ORDINANCE NO, -1987
AN ORDINANCE OF ,MONROE COUNTY, FLORIDA, PROVIDING 1'HAT
MONROE , COUNTY CODE ,ENFORCEMENT OFFICERS AND MUNICIPAL
SERVICE DISTRICT HAZARDOUS WASTE, INSPECTORS BE DEEMED
ENFORCEMENT OFFICERS FOR THE PURPOSE OF ENFORCING
FLORIDA STATUTE 705.16 PERTAINING TO, PROCEDURES FOR
REMOVAL ',AND DESTRUCTION OF ABANDONED. WRECKED" OR
DERELICT PROPERTY LOCATED ON EITHER PUaLIC OR PRIVATE
~~ut'~Kn; J\UVj:'HI'''' .tit .tU;n;K~N<':ESECTION 70~.16 OF THE
FLORIDA STATUTES; PROVIDING FORSEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCESI~C(l."fLICT; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286,0105, Florida Stat~,notice is given that if a person
deeid~ to appeal any decision made by the BOard with respect to any matter
cons!deredat such hearings or meetings, he will need a record of the proceedings,
and that, for sucb purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidellCe upon which
the appeal is to be based. ,
Copies of the above ordinance are available for review at the various Monroe
County Public Libraries.
DATED at Key West, Florida, this 8th day of October, A,D. 1987.
DANNY L. I<OLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
Publishefj: 111115,. 1(lI22I87
The R.epoioter -.... W"
Tavernio!r, Ft 330'10
PROOF OF PUBLIC&TION_,
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON;MONROE COUNTY, FLORIDA V
STATE OF FLORIDA ) ''
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHARLOTTE S I KO RA , who on oath, says
that he is SALES MANAGER
of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF INTENT T O ADOPT ORDINANCE
IN THE MATTER OF ENFORCEMENT. OFFICERS in the
Court, was published in said
newspaper in the issues of Oct. 1.4,','2 1 , 1 9 8 7 - ' -
NOTICE OF
IE-NTN TO
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- OF C NTOUNTYIO
ORRDDIINANCE
NOTICE IS HEREBY GIVEN
thon, in said Monroe County, Florida,and that the said newspaper has heretofore been continuouslyTO WHOM IT MAY CONCERN ,
that,on.Tuesday, November 3,�
_ 1987 at 3:00 P.M: at the Mara-
published in said Monroe County, Florida, each week (on Thursday)and has been entered as second Monrthon , courthouse; Marathon,
oe County, Florida .the
Board of County Commissioners{
of Monroe County,'Florida, in-
class.mail matter at the post office in Marathon, in said Monroe County, Florida, foraperiod of one. j tends followingto Countyider the adoptionin :of
pthe Ot;dinance:
ORDINANCE
year next preceding the first publication_of the attached copy of advertisement; and affiant further No.-1997 ___ :a
{AN ORDINANCE OF MON-ROE.
i'COUNTY FLORIDA COUNTY says he has neitherpaid norpromised anypanyING THAT MONROE COUNTY
y ,person,firm,or.corporation discount, rebate, corn- CODE ENFORCEMENT OFFI-
•LERS AND MUNICIPAL
SERVICE DISTRICT HAZARD- '
mission or refund for the purpose of securing this advertisement for publicationnewspaper.in the said news a er. OUS WASTE INSPECTORS BE
'DEEMED ENFORCEMENT
OFFICERS FOR THE PUR-
POSE ESTATUTE ENFORCING
FPER-
' FOR I REMOVAPROCEDURES-•
r. STRUCTION OF ABAN
//,/� DONED WRECKED OR
/�,,i_i-,` i t J J DERELICT P EITHER
S� LO ;
_ OR P ON EITHER.PUBLIC'
(SEAL) i AD PRIVATE PROPERTY'
ADOPTING BY REFERENCE•
SECTION 70 OF THE
. . i FLORIDA STATUTES; PRO-I
VIDING-FOR SEVERABILITY; V
SWORN;TO,A. UBS IB BEFORE ME THI ! PROVIDING. FOR THE RE•
' l PEAL OF ALL ORDINANCES
�`�-- 1 IN ' CONFLICT; PROVIDING'
FOR INCORPORATION' INTO
DAY-OF_...., A D 19 i THE MONROE COUNTY{
• PROVID NG ORDINANCES,.AN ESF`FEC
` _ TIVE DATE.
. I Pursuant to section 286.0105!
Florida Statutes, notice Is given
\ that if a person decided to ap-i
peal any decision made by the
_;;:::.,2.,,:::::.:11 �N¢TARY:PUBLIC STATE OF PLORIOA. Board with respect to any'mat!kff;C�NNISSIGN'EXP. IIU28r ter ceesidereh at sunh dearing_-� or meetings,
of the proceedings and that
;19GyDE0 THRU.,GENERAL,INS. UNDe' for such purpose, he may need
to ensure that a verbatim
record
made
wh,icereporceendclnugdsesIshe
festi,
.. ,mony and evidence upon which .
•--,' the appeal Is to be based: , I
Copies of the above ordinance
are available for review at the
variouses.Monroe County Public.
Librari
DATED at Key West Florida)
this 8th day of October, A.D.'
198DANNY L.KOCHAGE1
Clerk of the Circuit Court'
•
of Monroe County,Florida'
an ex officio Clerk of the;
Board County Commissioners
of Monroe County,Florida''
••
• Publish:Oct.14,21,1987 . I
•
Florida Keys Keynoter
•
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA) --
ss.
COUNTY OF MONROE) - NOTICE OFINTENTION
TO"CONSIDER ADOPTION I
OF COUNTY ORDINANCE I
• NOTICE IS HEREBY GIVEN TO 1
Before the undersiged authority personally appeal WHOM IT MAY CONCERN that on
Taesoay.No ember 3, 1987 at 3:00�
�.M at the''Mgathri Courthouse;i
Marathon,„Monro Co nty,;Florida, I
n.E.iiarritio" who on oath says that he ] the Board of County Commissioners t
of Monroe County', Flord'a ir.intends ,
,. r ,�, to consider the -adoption_of the
ACi ..rtisirr Nar,<..ger of the Key West Citizen, a following County Ordinance: R
ORDINANCE NO. -1987 '
AN ORDINANCE OF MONROE 't
. paper published at Key West in Monroe County, Florid COUNTY, FLORIDA, PROVIDING
THAT MONROE COUNTY CODE i"
attached copyof advertisement, beinga ENFORCEMENT OFFICERS AND'
MUNICIPAL SERVICE DISTRICT :�
HAZARDOUS WASTE IN-
SPECTORS BE DEEMED EN-
FORCEMENT OFFICERS ' FOR
,LGAL r;CliCE. THE PURPOSE OF ENFORCING
FLORIDA STATUTE 705.16
PERTAINING TO PROCEDURES I
In the atter of -FOR REMOVAL AND 1
DESTRUCTION OF ABANDONED i
4 L�n c f/ v)7 WRECKED', OR. DERELICT
�/L%'L � l PROPERTY LOCATED ON ,
EITHER PUBLIC OR PRIVATE
IDS.1 c PROPERTY; ADOPTING BY
REFERENCE SECTION 705.16 OF '
THE FLORIDA STATUTES.;
PROVIDING FOR=
SEVERABILITY; PROVIDING 1
FOR THE REPEAL OF ALL.OR-
DINANCES IN CONFLICT;-
PROVIDING FOR : IN- I
CORPORATION INTO THE I
was published in said newspaper in the issues of MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING .,
FOR AN EFFECTIVE DATE.
i1yi,LA
1\ vl Pursuant to Section 286.0105,
I ` n\ Florida Statutes,notice is given that
if a person decided to,appeal any
. Affiant further says that the said The Key Wes decision made by the Board with )
a newspaper published at Key West; in said Monroe CO respect to any matter considered at
1 such hearings or meetings, be will
and that the said newspaper has heretofore been cont need a record of the proceedings,
lished in said Monroe County, Florida, each day (exd and that, for such purpose, he may,
need to ensure that a •verbatim r
and has been entered as second class mail matter at record of the proceedings, is made, 1.
in Key West, in said Monroe County, Florida, for a p which record includes the testimony ;
year next preceedingthe- firstpublication of the and evidence upon which the appeal %
� is to be based.
of advertisement; and affiant further says that he Copies of the above ordinance are
norpromised anyperson, firm or corporation anydish available for review at the various i
P Monroe County Public Libraries. I
commission or refund for the purpose of securing thlk DATED at Key West, Florida;this
8th day of October,A.D.1987-. I
for publication in the said newspaper. DANNY L.KOLHAGE 4
„ S;r,TE GF:2.1-7
ORi�a Clerk of the Circuit Court i
i hr�TARY Pu- of Monroe County,Florida
r ll�� C-.�I�{IL)Ji J� L.{i J�SL1 � 5� and ex officioClerk of the(3o ADC .IHE� GEiaE�iF!. lE; IiUa Board of County Commissioners i
of Monroe County,Florida
(SEAL) - Oct.14,21,1987
SWORN AND SUBSCRIBED befo me this c).-S7 day of 4. -, 19g1y.
k P I
i r�a_-�i COMMISSION EXPIRES:
U't'
•
•
4)SENDER: Complete items•1,2,3 and 4.. .
0 Put your address in the"RETURN TO"space on the
reverse side.Failure to do this will prevent this card from
Sol being returned to you.The return receipt fee will provide p-5 9.3 8 5 1,7 4
you the name of the person delivered to and the date of
." delivery. For additional fees the following services are RECEIPT FOR CERTIFIED MAIL
rk• available.Consult postmaster for fees and check box(es)
NO INSURANCE COVERAGE PROVIDED
for service(s)requested. NOT FOR INTERNATIONAL MAIL
J
1. 0 Show to whom,date and address of delivery. '(See Reverse)
•
to Sent to
Va. 0 Restricted Delivery. Mrs. Liz Cloud, Chief .
in sbao^aee.eio.of Admin Code -& Laws
3. Article Addressed to: The Capitol
Mrs. Liz Cloud, Chief o
Bureau o Admin Code and 14 s P.O.,State and ZIP Code
c,;, ei Tallahassee, FL 32301
Department of State ' 0' Postage S
The Capitol D • -
Tallahassee, FL, 32301 Certified Fee �J
4. Type of Service: Article Number
Special Delivery Fee
❑ Registered 0 Insured P' S j3 085 174 l
Certified • ❑ COD Restricted Delivety Fee . 9
❑ Express Mail rt
rt
Return Receipt showing,„-------,, \ O p
Always obtain signature of addressee or agent and -to whom and Date Delivered ; \J
DATE DELIVERED. • 1°
Return Receipt stinwine''to whom. i� to
0 5. Signature—Addressee , r' Date.and Address of'Delivery"._ --\ m
d /
X TOTAL Postage arty fees `'< ff( n�:
N 6. Signature— nt////
5 X / 7 S' o Postmark or Date,�:- ___ .y
7. Date of elivery ' �a '_mhh p r e E .____
OV 1
z 8. Addressee's Address(0 L'Y,t frequented-II f Pal �n
m ;y� 1`
m `. tj i y�
—1
J)annp 1.. l&olbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
November 9, 1987
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 047-1987 providing that Monroe County Code Enforcement
Officers and Municipal Service District Hazardous Waste
Inspectors be deemed Enforcement Officers for the purpose of
enforcing Florida Statutes 705.16 pertaining to removal and
destruction of abandoned, wrecked or derelict property on
either public or private property~ etc.
This Ordinance was adopted by the Monroe County
Board of County Commissione~ at a Regular Meeting in formal
session on November 3, 1987. Please file for record.
Very truly yours,
,
.
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
\
By: ~
Rosalie L. C
Deputy Clerk
cc:
Municipal Code Corp.
Mayor E. Lytton
County Attorney
County Administrator
Municipal Services Director
Public Works Director
Planning Director
,c C~,e snforcem,ent
yF 11~-
! ~' .:-0, 'Z D'(7j I' Ji' I
, <..-' 1-
W"""'r~""'~"-'-""'- "",..~""".........__.
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FLORIDA DEPARTMENT OF Sf ATE
Jim Smith
Secretary 01 State
Dorothy W. Joyce
Division Director
November 13, 1987
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of November 9, 1987
and certified copy/ies of Monroe
County Ordinance(s) ,Nos. 87-42, 87-43, 87-44, 87-45,
87-46. 87-47. 87-48, 87-49
2. Receipt of County Ordinance(s)
rela'tive ,to:
( a) ";
which we have numbered
(b)
which we have numbered
3. We have filed te~s/these ordinances in this office
on November 12, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
s~e.~elY. ~~
L~~, Chief
Bureau of Administrative Code
LC/mb
DIV'~I~N MF FLEe+\\ciNs, ROQ~~k~~~@~~f?~~rH\c\I, Tallahassep, Florida 32301
-
-
_,.,~,__...,.....""",~t.!~~
ACKNOWLBDGMBNT
DATE:
November 19, 1987
TO:
Monroe County, Florida
(Supplement No. 32)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to your Code:
Ordinance Nos.
043-1987 through 047-1987
Thank you for your assistance and cooperation.
PI
f(~ fM~
Robert L. Lulie
Vice President. Supplements
Municipal Code Corporation