Ordinance 016-1983ORDINANCE N0.016 -1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA AMENDING
CHAPTER 8 OF THE MONROE COUNTY CODE OF ORDINANCES
ENTITLED GARBAGE, TRASH AND REFUSE BY REVISING
SECTION 8-19 OF SAID CODE; PROVIDING FOR CHANGE
IN THE SPECIAL ASSESSMENT PROVIDED IN SECTION (a),
(b), (c), (d) and (e); ADDING A SUBSECTION TO
SECTION 8-19(b); PROVIDING FOR SEVERABILITY; PRO-
VIDING FOR REPEALING OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO
THE EXTENT OF SAID CONFLICT; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that Chapter 8 of the Code of Ordinances entitled
Garbage, Trash and Refuse be amended in the following fashion:
1. That Section 8-19 entitled Annual special assessment for
collection, transfer and disposal service be amended by the following
additions and/or deletions:
(a) The Board of County Commissioners, acting as the governing
board of the district shall on an annual basis, determine, fix and
levy upon all properties within the district a special assessment
for the availability of waste collection, transfer and disposal
service as set forth herein, including, but not limited, to maintenance,
operation and support of the district.
(b)(1) At the same time the assessment on properties is levied,
the Board shall determine fixing levies and assessment for the
collection of solid waste in residential properties.
(b)(2) The fact that any residential unit located in the
district is occupied or is capable of being occupied shall be prima
facie evidence that garbage or solid waste is being produced or
accumulated upon such premises. Temporary residential vacancy,
regardless of duration, shall not constitute grounds for a refund
or excuse the nonpayment of any assessment. The special assessment
for waste collection and disposal shall be levied against all
existing and newly constructed residential units.
(c) The special assessments may be established or revised
at any time by the Board of County Commissioners; and the special
assessment, once established by ordinance, shall be applied to
each parcel of property in the district as shown by the records
of the County Property Appraiser on January first of the current
year; and the record owner or owners of said property shall be
assessed the annual special assessment in accordance with the
special assessment ordinance adopted annually by the district's
governing board.
(d) The annual special assessment for collection of solid
waste shall be for each consecutive calendar year, payable in
advance of the service. The assessment shall be paid annually.
The annual payment shall be due and payable no later than the
first day of January of the service year.
(e) The ordinance procedure required for the levying of
the special assessment for waste collection shall be by public
hearing duly publicized in accordance with Florida Statutes,
Chapter 12S, regular ordinance procedure, and may be adjourned
and continued from day to day, week to week, until final enactment.
2. The above changes only are made in Chapter 8 of the Code
of Ordinances and in all other respects, said Chapter 8 remains
in force and effect.
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.
4. All ordinances or parts of ordinances in conflict with
this Ordinance are hereby repealed to the extent of said conflict.
S. 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.
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 at
a regular meeting held on the 5th day of August
A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
4a or hairman
(SEAL)
Attest:
i qia6 ' � Y �
Clerk
ADOPTED: August 5, 1983
FILED WITH SECRETARY OF STATE: August 16, 1983
EFFECTIVE DATE:
ApA70m AS rO FORM
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
August 5, 1983, at 10:00 A.M. in Courtroom B, Monroe County
Courthouse Annex, 500 Whitehead Street, Key West, Monroe County,
Florida, the Board of County Commissioners of Monroe County,
Florida, intends to consider the adoption of the following County
Ordinance:
ORDINANCE NO. -1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
CHAPTER 8 OF THE MONROE COUNTY CODE. OF ORDINANCES
ENTITLED GARBAGE, TRASH AND REFUSE BY REVISING
SECTION 8-19 OF SAID CODE; PROVIDING FOR CHANGE
IN THE SPECIAL ASSESSMENT PROVIDED IN SECTION (a),
(b), (c), (d) AND (e); ADDING A SUBSECTION TO
SECTION 8-19(b); PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALING OF ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT '^.'ITH THIS ORDINANCE TO
THE EXTENT OF SAID CONFLICT; PROVIDING FOR INCLUSION
IN THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING
FOR AN EFFECTIVE DATE.
DATED at Key West, Florida, this 5th day of July, A.D. 1983.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex off_icio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
' PROOF OF PUBLICATION
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared Wi 11 i ain T - Martin n 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 Not- i CP of Tntenti on to Consi der Adoption of
IN THE MATTER OF Garbage, Trash & Refuse in the County Ordinance
, was published in said
newspaper in the issues of July 14, 1983
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe Count, 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, firm, or corporation any discount, rebate, commission
or refund for the purpose of securingthis advertisement for publication in the said newspaper.
:. (SEAL)' - - -
�SWOSN 70,NR"i) SUBSCRIBED BEFORE ME THIS
DAY `O'F' - _ ' , A.D. 19
on Friday, AU9USt !1, iyea,
0:00 A.M.. in Courtroom B,
roe County Courthouse
ex 500 Whitehead Street,
West, Monroe County,;
ids, the - Board of County
imissloners of. -Monroe;
nty, Florida, intends to con-
r the adoption of the follow- .
oount in�ance
a- iy or Sala t.ode; providing
for change In the special as
sessment provided in Section
(a) (b)r(c), (d) and .(e);
adding a subsection to Sec-
tion 8-19((b);- providing for
severability; providing for
repealing of all Ordinances
or arts of t Ordinances in
conflict with this Ordinance
to the extent of saidconflict;
Monroen CountycCode of Ore
dinances; providing for an
effective date.
DATED at Key West Florida,
this 5th day of Julyy A.6. 1983.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commission-
ers-
of Monroe County, Florida.
(Seal)
Publish: July 14, 83
Florida Keys Keyn19oter
NOTARY PUBLIC STATE OF FLOP,IP.A
MY COMM I SS I ON EXP I RES MAY '31 19 8 7
601JDFD THRII !'cNironi I-- . _ ...__
PROOF OF PUBLICATION
'111111001 1111111 11 IC911111111
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared W. B . WOLFF
, 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 published in said
newspaper in the issues of 7-14-83
Affiant further says that the said REPORTER is a
newspaper published at Tavernier in said Monroe Count NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
Florida, and that the said newspaper has heretofore be NOTICE HEREBY GIVEN TOWHOM ITMAY CONCERN that onFriday,
August 5,,A983, at 10:00 A.M. in Courtroom B, Monroe County Courthouse Annex,
continuously published in the said Monroe County, Flor. 500 Whi+ehead Street, Key West, Monroe County, Florida, the Board of County
CommiXoners of Monroe County, Florida, intends to consider the adoption of the
each week (on Thursday), and has been entered as seconl following Countp Ordinance:
ORDINANCE NO. 1983
class mail matter at the Post Office in Tavernier, in
AN ORDINANCE OF MONROE COUNTY, FLORIDA, AMENDING
County Of Monroe, Florida, for a period of one year ne: CHAPTER 8 OF THE MONROE COUNTY CODE OF ORDINANCES
ENTITLED GARBAGE, TRASH AND REFUSE BY REVISING SECTION 5-19
preceding the first publication of the attached copy O OF E SPECIAL
ASSESSMENT PROVIDING
PROVIDED INSECTION (a), (b),, CHANGE
E(d) AND IN I(e); ADDING A
advertisement; and affiant further says that he has ne, SUBSECTION TO SECTION 8-19 (b); PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEALING OF ALL ORDINANCES OR PARTS'OF
paid nor promised an firm person, Or corporation an ORDINANCES IN CONFLICT WITH THIS ORDINANCE TO THE EXTENT
P p Y , P , P y OF SAID CONFLICT; PROVIDING FOR INCLUSION IN THE MONROE
discount, rebate, commission Or refund for the purpose1 COUNTY
DATE.CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE
securing this said advertisement for publication in thI DATED at Key West,Florida, this 5thday ofJuly,A.D.1983.
sald neWSpape RALPHW.WHITE
Clerk of the Circuit Court
of Monroe County, Florida
G and ex officio Clerk of the
Board of County Commissioners
SEAL - (' of Monroe County, FloridafP
Published: 7/14/83
The Reporter
SWORN TO AND U CRIBED BEFORE ME THIS ST i; Tavernier, FL33070 —
DAY OF 11111 Y z `A.D. , 19 7 . L
�' lI " -rib IAR' A— Yul9 OF FLORIDA
MY COMMISSION EXPIRES). C014'M,SS(C* EXPIRES APR 2 1987,
BONDED .I K v NL ,t r /
I�
PROOF OF PUBLICATION
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
ss.
COUNTY OF MONROE)
Before the undersigned authority personally appeared ..............
BOBBY ADRIAN
............................ who on oath says that he is .............
Advertising Manager
..............................of The Key West Citizen, a
daily newspapeF published at Key West in Monroe County,, Florida; -that
the attached copy of advertisement, being a
OF
in the matter of
COUNTY ORDINANCE'
NOTICE IS HEREBY
GIVEN TO WHOM IT MAY
•. °
Y�
CONCERN that on Friday,
August 5, 1983,at 10:00 A.M.
Courtroomoom B, Monroe
County Courthouse Annex,
i 500 Whitehead Street, Key
i West, Monroe County,
Florida, the Board of County
Commissioners of • Monroe
County,_ Florida, intends to
consider the adoption of the
following County Ordinance: ;
, ORDINANCE NO. -1983
AN - ORDINANCE OF:
MONROE COUNTY,'
FLORIDA, AMENDING,
d in said newspaper in the
w:2fiant
8 OF THE
issues Of MONROE RCOUNTY CODE
���
el
OF ORDINANCES E Y,
TITLED GARBAGE, TRASH,
AND REFUSE BY,
SECTION 8-19
REVISING
OF SAID CODE;
urther says that the said
CHANGE
The Key INOVI THERSPECIAL .
newspaper published at Key West, in said
ASSESSMENT PROVIDED
Monroe C IN SECTION (a), fhl, (c),.d
that the said newspaper has heretofore
been conti SU�BSECDTION'TODSECTION,
PFWVI
in said Monroe County, Florida, each day except S SE V(E)RA B II L I DING FOR
been entered as second class mail matter at the p REPEALDINGG OF FALRL'
West, in said Monroe County, Florida,
for a pert OORDINANCE
the first publication of the
ANOCESARIN,t
ORDIpreceeding
attached' CONFLICT WITH THIS
went; and affiant further says that he
ORDINANCE TO THE'
has neithe EXTENT OF SAID CON-d
any person, firm or corporation any discount,
reb INCLUSION VIIN G THE;
refund for the purpose of securing this
MONROE COUNTY CODE
advertise OF.ORDINANCES; On
in the said newspaper.
FOOVIAANNGEFFECTIVE
DATE.
DATED of Key West,
Florida, this 5th day of July,
A.D.1983.
-
RALPH W. WHITE '
• • • Clerk of the Circuit Court
l
of Monroe County, Florida
_
-(SEAL)
and ex officio Clerk of the I
O, Board of County Com-
missioners
JulMonroeof 8ounty,Florida
1983.
- Sworn o d subscribed before me
this.......
day of ... •, <<......., A.D. 19o--5,
Notary Public, State of Florida at Large
My Commission Expires Sept. 8, 1983
Bondei By American Fire 8 Cmelly Company
J
THE Sr4,6
W p
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
August 22, 1983
Honorable Ralph W. White
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Virginia M. Pinder
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
NK/
1. Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
August 18
Monroe
83-16
2. Receipt of County Ordinance/s
relative to:
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these Ordinance/s in this office
on August 22, 1983.
4. The original/duplicate copy/ies showing the filing date is/are
being returned for your records.
Cordially,
(Mrs.)LAancy Kavanaugh
Chief, Bureau of Laws
FLORIDA-State of the Arts