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Ordinance 009-1983Commissioner Edwin 0. Swift, III ORDINANCE NO. 009 -1983 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, AMENDING ORDINANCE NO. 001-1983 OF MONROE COUNTY, FLORIDA BY AMENDING SUBSECTION (4) OF SECTION 4, ENTITLED "CONDUCT OF HEARING", TO PROVIDE FOR ISSUANCE OF ORDERS OF THE CODE EN- FORCEMENT BOARD; AMENDING SECTION 6, ENTITLED "FINES, PROVIDING FOR PENALTIES FOR THE VIOLA- TION OF ORDERS OF THE ENFORCEMENT BOARD; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES 'IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDI- NANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: Section 1. That in accordance with the power vested in the Code Enforcement Board of Monroe County as per Chapter 166 of the Florida Statutes that Ordinance No. 001-1983 of Monroe County, Florida, is hereby amended by amending subsection (4) of Section 4, entitled "Conduct of Hearing", to read as follows: "(4) At the conclusion of the hearing, the Enforce- ment Board shall issue findings of fact, based on evidence of record, and conclusions of law and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those present and voting, except that at least three members of the En- forcement Board must vote for the action to be official. The record shall be presented to the Court on appeal and shall be subject to review." Section 2. That Ordinance No. 001-1983 of Monroe County, Florida, is hereby amended by amending section 6, entitled "Fines", to read as follows: 11(6) Fines. The Enforcement Board upon notification by the Code Inspector that a previous order of the Enforcement Board has not been complied with by the set time, may order the violator to pay a fine not to exceed $250.00 -2- for each day the violation continues past the date set for compliance. A certified copy of an order imposing a fine may be recorded in the public re- cords and thereafter shall constitute a lien against the land on which the violation exists. After one (1) year from the filing of any such lien which re- mains unpaid, the Enforcement Board may authorize the County Attorney to foreclose on the lien." Section 3. All Ordinances or parts of Ordinances of said County in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 4. 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 S. The provisions of this Ordinance shall be in- cluded 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 7. 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. (Seal) Attest: LPH Wa �ryME, CLE"'� M .e. Clerk ' BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By62 67* e%�`��- May C airman AP D AS TO FORM A LE AL SUMO, BY Attorneys Office NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, May 27, 1983, at 10:00 A.M. in the Plantation Government Center, Plantation Key, Monroe County, Florida, the Board of County Commis- sioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1983 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, AMENDING ORDINANCE NO. 001-1983 of MONROE COUNTY, FLORIDA BY AMENDING SUBSECTION (4) OF SECTION 4, ENTITLED "CONDUCT OF HEARING", TO PROVIDE FOR ISSUANCE OF ORDERS OF THE CODE EN- FORCEMENT BOARD; AMENDING SECTION 6, ENTITLED "FINES", PROVIDING FOR PENALTIES FOR THE VIOLA- TION OF ORDERS OF THE ENFORCEMENT BOARD; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDI- NANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. DATED at Key West, Florida, this 21st day of April, A.D. 1983. RALPH W. WHITE 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 SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) W, B. WOLFF Before the undersigned authority personally appeared who on oath, says that he is - EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION . TO CONSIDER in the Court, was `t �lu�ts8d in said newspaper in the issues of 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 b NOTICE OFINTENTIONTOCONSIDER continuous) published in the said Monroe Count Flor ADOPTION TOVVHOOF -IT MAY ORDINANCE - Y P County, NOTICE IS HEREBY GIVEN TO'WHOM•IT MAY CONCERN that on Friday, each week on Thursday), and has been entered as seco May 27,1983,at10:00AMinthe Plantation Govei-nmentCenter, Plantation Key, y % Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: class mail matter at the Post Office in Tavernier, in ORDINANCE NO.-1983 AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA, AMENDING County of Monroe, Florida, for a period of one year nell ORDINANCE VO.001-1983ofMONROE COUNTY, FLORIDABYAMENDING SiiugLzA_-T ilk (4) OF SECTION 4, ENTITLED "CONDUCT OF HEARING' TO preceding the first publication of the attached copy o{ PROVIDE FOR ISSUANCE OF ORDERS OF THE CODE ENFORCEMENT f BOARD;' AMENDING SECTION 6, ENTITLED "FINES," PROVIDING FOR advertisement; and affiant further says that he has ne PENALTIES FOR THE VIOLATION OFORDERSOFTHE.ENFORCEMENT BOARD; REPEALING ALL ORDINANCES OR PARTS OF -ORDINANCES IN paid nor promised any firm, person, or corporation any CONFLICT WITH THIS ORDINANCE TO THE EXTENT OF SUCH CON- FLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN discount, rebate, commission or refund for the purpose THE CODE OR ORDINANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE, securing this said advertisement for publication in th DATED at Key West,.Florida, this 21st day of April, A.D. 1983. RALPH W. WHITE said newspaper TClerk of the Circuit Court of Monroe county, Florida -a •and ex offs©o Clerk of the /�— Boazd of County mmissioners / f of Monroe only, Florida SEAL = - PUBLISHED: 4128/83 i _ - - The Reporter - - - - SWORN TO A D °SUBSCRIBED BEFORE ME `THIS 4TH Tavernier,FL33070 _ MAY 83 DAY OF A ., D. -, 19 NOT'ARY� PURL I C NOTpA tYBL!�;&• sq-ATE OF E- ROL DI A MY COMMISSION EXPIRES: NAV COM&1 !;inN F"IDcr App ,. 7 v WNDED THRU GENERAL INSURANCE UND, PROOF OF PUBLIC= THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF MONROE ) Before the undersigned authority personally appeared William J. Martin , who on oath, says that he is Publisher & President 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 Intention to Consider Adoption of _. ,.__County .Ordinance IN THE MATTER OF- Amending Ordinance No. 001-1983: Conduct of Hearing iri-the newspaper in the issues of April 28, 1983 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- thon, in said Monroe County, Florida, and that the, said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Thursday) and has been entered as second class mail matter at the post office in Marathon, in said Monroe County, 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 mission of refund for the purpose of securing this ,or corporation any disCounti,,rebate, com- for publication , n the said newspaper. G/ - (SEAL) _ • `:..SWORN TO -AND_SLU�BSCRIBED BEFORE ME THIS _ �UAY-OF. A.D. 191E Notary Public, State of Florida at l orge My Commission Expires June 18, 15 4 Bonded Thru Troy Fain Insurance Inc. Court, was published in said INTENTION tTO CONSIDER ADOPTION. OF COUNTY ORDINANCE E [thatTO WHOM ITMAY CONCERN on Friday May 27 1983 at (70:00 A.M. 1Lii the lantafion Government Center plantation ,h�Y�Mo�ro�. �oun{�,r,Flor(da_I ppLORI[) • ND p. ROVID= ING N AEFFECTIVE DATED at Key West Florida, this 21s1 day of Apr11, Q.D. 198 RALPH 3: W. WHITE Clerk of the Circuit Court of Monroe County, Florida and x officlo Clerk of the, Board of �ounty Commission - of Monroe County, Floridas�i Publish: Aorll 28.1983 tSeal)I PROOF OF PUBLICATION THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 i STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersigned authority personally appeared .............. BOBBY A%_kIAN ....................... who on oath says that he is ............. Mdveriisyng Manager ............................°.of The Key West Citizen, a daily newspaper published at Key West in Monr(-4, g.` o •_that the attached co of advertisement being a °o° `}l � c PY � g OFC'OUt+ITY I ORDINANCE -NOTICE IS HEREBY' I GIVEN TO WHOM IT MAY CONCERN that on Friday, May 27, 1963, at 10:00 A.M. in! in the matter of the Plantation Government Center, Plantation Key,! Monroe County, Florida, the Board of County Com-i missionerg of Monroe' 1 County, Florida, intends to i consider the adoption of the' following County Ordinance: ORDINANCE NO. --1983 f AN ORDINANCE OF THE ;' COUNTY OF MONROE,; FLORIDA, AMENDING' ORDINANCE NO. 001-1983of`• MONROE COUNTY,' I FLORIDA, BY AMENDING SUBSEC-T ION (A) . OF , SECTION 11) ENTiTLEDI CONDUCT OF HEARING TO FOR ISSUANCE was published in said newspaper in the issues OFORIDERSDE OFTHECODE e ENFORCEMENT BOAR-1 NDING SECTION 6, ENTITLED FINES",: J/ PROVIDING ' FOR PENALTI ' THE VIOLATIONS OF °ORDERS' A fiant further. says that the said The KI.OF THE. ENFORCEMENT a BOARD; REPEALING ALL-' newspaper published at Key West, in said Monr� ORDINANCES OR . PARTS , and OF ORDINANCES IN: that the said newspaper has heretofore been cl CONFLIC-1"---WITH__TNIShed in said Monroe County, Florida, ,each day excel EXTENTNOF SUCH cow has FLICT; PROVIDING FOR been entered as second class mail matter at tlSEVERABILITY; Key West, in said Monroe County, Florida, for a j CLU°SIGN NGTHE CODE OR next preceeding the first publication of the attacl MONR1OE . COUNTY,°F-'ise- ment; and affiant further says that he has ne"PROVIDING ANORIDA;ANCF-'mised any person, firm or corporation any discount,, F DATEDDat Key West, n or refund for the purpose of securing this advert Fl�r'79�3n's21s'day°fApriL,,cation in the said newspaper. RALPH W. WHITE, , ! Clerk of the Circuit Court, 00�of Monroe County, Florida � .o and ex off icio Clerk of the-- r•.1 Board of County Corn- 0r- missioners of Monroe 10 ly P, 3 County, Florida. Ek"° April 26, 1983. (SEAL) Sworn to and subscribed before me this......- .::..... ....... day of ..... .. ° . , A.D. 19 �5 i' PROOF OF PUBLICATION SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 STATE OF FLORIDA ) COUNTY OF MONROE ) W. B. WOLFF Before the undersigned authority personally appeared , who on oath, says that he is EDITOR & PUBLISHER of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida; that the attached copy of advertisement, being a LEGAL NOTICE IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER in the Court, was 4utle!W in said newspaper in the issues of 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 b ^ N MCSOF'loom continuously published in the said Monroe County, Flo NOTICE IS sYcMMrblVH09&rrnATt each week (on Thursday) , and has been entered as seco Y+►r>r►'t9 inwW �� Yo::rae Comer, Ploriie, toe Horrd d F'WrWikeodetoeeeriderthao8cptimd r1 1 class mail matter at the Post Office in Tavernier, in otCk, AN QWVWKX Tip COU�l1 County of Monroe, Florida, for a period of one year n Ws preceding preceding the first publication of the attached copy o VIDE`IIA �OaAiED: A1�#iD advertisement; and affiant further says that he has ne PEN T.Z paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose 0112 securing this said advertisement for publication in th T"MM said newspaper. l r SEAL � Tim Rop~ SWORN TO AID SUBSCRIBED BEFORE ME THIS 4TH T*vr°'er•ns9m DAY OF MAY A.o. , I 8 .mil , NOTARY PUBLIC STATE OF fCORID MY COMMISSION EXPIRES: Aev � ';MISSiON Fxpiocc nP " v�D - HRIJ GENE�t,L INSURANCE UND, GTIYB DATE. Flor_da, t�ir Est dq dA�, A.D. li ds. 2A1JMw.W1I?M CleetcdtidGamt; dlibnoeoom4,llreids aeieseMe' Cbrkdthe BaaddCrmt dYooroe , Y�loriria PROOF OF PUBLIC] THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF MONROE ) Before the undersigned authority personally appeared William J. Martin , who on oath, says that he is Publisher & President 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 intention to Consider Adoption Of IN THE MATTER OF Amending Ordinance No 001-1983. Conduct of Hearing County Ordinance in the newspaper in the issues of April 28, 1983 Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, each week (on Thursday) and has been entered as second class mail matter at the post office in Marathon, in said Monroe County, 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 person krm, or corporation any mission or refund for the purpose of securing this advertiserent for publication �n the (SEAL) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF A.D. 191� Notary Public. State of Florida at t.Arge My Commission Expires June 18, 1984 Bonded Thru Troy Fain Insurance Inc. rebate, com- newspaper. Court, was published in said PROOF OF PUBLICATION THE KEY WEST CITIZEN Published Daily Key West, Monroe County, Florida 33040 i STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersigned authority personally appeared .............. who on oath says that he is ............. Advertising Manager ..............................of The Key West Citizen, a daily newspapeF published at Key West in Monr that the attached copy of advertisement, being a Q DINA14CE -NOTICE IS HEREBY GIV EN TO WHOM" IT MAY in the matter of CONCERN that on Friday, May 2T, 1983; at;10:00 A.M. in the Plantation Government Center, Plantation Key, Monroe the ounlfyidCom- Bard of missionerst of Monroe intends to conFlorida, iidfy er the adoption of the followi County Ordinances OR NANCE NO., <1983 4 FLIOA, By AMENDING NDING SUBSECTION f41 OF was published in said newspaper in the issues 0 $FHEa I* $ OVIDE FOR iSSu ANCE OF ORDERSOF THLCODE v� Z f� ENFORCEMENT gg110 AR• D;AMENDiNii SECTib, ENTITLED "FINS",. PROVIDING R Afiant further says that the said The Ki PENALT► S FOR THE a VIOLATIO OF O ERS newspaper published at Key West, in said MonrCOF THEaENFORC ENT and BOARD; REPEALIf40 ALL-, that the said newspaper has heretofore been CC;ORDINA,48,PRT��ANA"IIANChedin said Monroe County, Florida, each day exce. 'NI THisias tD T been entered as second class mail matter at tY x tH CO Key FLICT R Vf ING F West, in said Monroe County, Florida, for a FsEve.... Lf Y; next receedin the first tP�LROgVID/N6 - FOR IN P g publication of the attach ORUDIIZI CT Cf3tDE�Fise- ment; and affiant further says that he has neiMONROt COUNTY,. aised an person, firm or corporation an discount FLOI �jA; , E y p + P y � .PROVIDING AN EF- i Or refund for the purpose of securing this advert FECTIVD' at '. p g DATED' at trey west, :at ion in the said newspaper. Florida �his2ist day of April. RALPHW.WHITE: m Clerk.of the Circuit Court, of Monroe, Cour", Fiorida and t x off lc o Clark o ttte Board of County Com1,--'`�- missioner$ . of Monroe Countyy,Florlda. (SEAL) April 2b, 1982 M ; . Sworn to and subscribed before me this...... ............ day of ....., .... ., A.D./10 3- ........... to r ": v� THE 5p5j,�,0 A_ FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State June 15, 1983 Honorable Ralph W. White Clerk of the Circuit Court 500 Whitehead Street Key West, Florida 33040 Attention: Ms. Vicki L. Garcia Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: NK/ 1. Receipt of your letter/s of May 25 and certified copy/ies of Monroe County Ordinance/s No/s _ 83-9 2. Receipt of relative to: (a) (b) which we have numbered which we have numbered County Ordinance/s 3. We have filed this/these Ordinance/s in this office on June 15, 1983 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially, AA4�4f— eAl(x (Mrs.)kAancy Kavanaugh Chief, Bureau of Laws FLORIDA-St ite of the Arts