Ordinance 019-1983ORDINANCE -NO. 19 -1983
AN ORDINANCE ESTABLISHING A MONROE COUNTY PUBLIC
RIGHT-OF-WAY USE PERMIT AND A FEE SCHEDULE TO REIMBURSE
MONROE COUNTY FOR ITS ADMINISTRATIVE COSTS IN CONECTION
WITH THE ISSUANCE OF CONSTRUCTION PERMITS FOR ALL
CONSTRUCTION WITHIN THE PUBLIC RIGHT-OF-WAY OF ROADS
AND STREETS UNDER THE CONTROL AND/OR JURISDICTION OF
THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR A SHORT TITLE; PROVIDING PURPOSE AND
INTENT; PROVIDING FOR REQUIREMENT OF RIGHT-OF-WAY USE
PERMIT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PERMIT
REVIEW BY THE PUBLIC WORKS DIRECTOR; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROCEDURE FOR APPLICATION
FOR RIGHT-OF-WAY USE PERMIT; PROVIDING FOR INSURANCE
AND BONDING; PROVIDING FOR GENERAL PROVISIONS;
PROVIDING FOR ACCESS DRIVEWAYS; PROVIDING FOR ADOPTIONS
OF CONSTRUCTION SPECIFICATIONS AND STANDARDS; PROVIDING
FOR PERMIT FEES; PROVIDING FOR RELOCATION UPON NOTICE
BY THE PUBLIC WORKS DIRECTOR; PROVIDING FOR EMERGENCY
REPAIRS; PROVIDING FOR APPEALS; PROVIDING FOR TIME
LIMIT; PROVIDING FOR RESTORATION AND PENALTY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR REVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 125.42, Florida Statutes, 1981, vests in
the Board of County Commissioners the authority to license any
person or private corporation to construct, maintain, repair,
operate, and remove lines for the transmission of water, sewage,
gas, power, telephone and other public utilities under, on, over,
across, and along any County highway or any public road or
highway acquired by the County or public by purchase, gift,
devise, dedication, or prescription; and
WHEREAS, Section 338.17, Florida Statutes, 1981, authorizes
County Commissioners having jurisdiction and control of public
roads to prescribe and enforce reasonable regulations with
reference to the placing and maintaining along, across, or on any
road under their respective jurisdiction any electric
transmission, telephone or telegraph lines, pole lines, poles,
railways, ditches, sewers, water, heat or gas mains, pipe lines,
fences, gasoline tanks or pumps, or other structures referred to
therein as utilities, driveways; and
WHEREAS, Section 125.012(2), Florida Statutes, 1981,
empowers Monroe County to regulate and control, maintain and
adopt regulations for exercising jurisdiction over canals and
other waterways acquired or constructed by the County; and
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WHEREAS, Sections 338.18, 338.19, 338.20, Florida Statutes,
1981, govern the appropriate recourse for damage to a public road
by a utility, and where relocation or removal of the utility's
transmission lines become necessary; and
WHEREAS, Article VIII ofthe 1968 Constitution of the State
of Florida vests County governments with powers of self-
government by general and special laws; and
WHEREAS, Chapter 125, Florida Statutes, 1981, empowers
counties to establish, coordinate and enforce such regulations as
are necessary for the protection ofthe public, to adopt technical
codes and regulations, to regulate arterial and other roads and
related facilities and to perform other acts not inconsistent
with the laws of the State of Florida which are in the common
interest of the people of the County; and
WHEREAS, Monroe County has in the interest of the public
welfare initiated a systematic review of construction work in the
public's rights -of -way which has heretofore been paid for
entirely by the Gas Tax revenue funds; and
WHEREAS, Section 6-31 of the Monroe County Code requires a
permit for the construction of water and sewer installations nad
the additions thereto, including extensions with plans and
specifications for the water and sewer installations to be
approved by the County Section 6-39 ofthe Monroe County Code
further equires the payment of construction permit fees by water
and sewage concerns in accordance with a schedule prepared and
maintained by Monroe County; and
WHEREAS, it is the present desire of the Board of County
Commissioners to effect more equitable funding of this
responsibility by assessing the grantees/beneficiaries of
construction permits;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Short Title.
This ordinance shall be designated and may be cited as the
Monroe County Public Right -of -Way Use Permit Requirement and Fee
Schedule Ordinance.
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Section 2. Purpose and Intent.
The purpose and intent of this ordinance is to provide
standards and procedures and a fee schedule for permitting the
use of Monroe County public rights -of -way in order to preserve
the function of each street and highway, provide for smooth,
logical traffic flow patterns, require the application of safe
standards, procedures and principles, provide for environmental
compatibility, provide for stormwater management; and to provide
for adoption of technical standards and specifications as
contained in the "Public Works Manual".
Section 3. Permit Required.
County public right-of-way use permits shall be required for
all roads and streets to be constructed or improved in existing
rights -of -way; and all roads and streets which are to be
dedicated to Monroe County; and all construction or installation
or maintenance of any public or private utility or any other
facility approved by the Board of County Commissioners; and any
structure, driveway, culvert, pavement or object in the
right-of-way or easement, other than those constructed or
maintained by Monroe County; within rights -of -way of the County
road system as defined in Florida Statute 334.03. Construction
or installation within County -owned canals and County -owned
waterways will likewise require a permit. A permit from the
Florida Department of Transportation is required for the
construction of accessways to, or construction with the rights -
of -way of any part ofthe State highway system as defined in
Florida Statute 334.03.
Section 4. Exemptions.
No right-of-way use permit shall be required for the
following: (a) Construction of public or private utilities in
subdivisions in accordance with engineering drawings and
specifications approved by the County and prepared in accordance
with Chapter 17 of the Monroe County Code, Subdivision
Regulations, where such construction will be completed prior to
acceptance of roads by the County; (b) Repairs of previously
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permitted utilities in the right-of-way; provided, however, that
such repairs do not require alteration or cutting of any
pavement, including curbs.
Section 5. Permit Review by the County Public Works Director.
The Board of County Commissioners of Monroe County hereby
authorizes and empowers the Public Works Director or his duly
authorized representative to receive and review permit
applications, collect fees, and issue permits in a timely manner
allowing the permittee to enter onto the public rights -of -way
within the County road system to perform specified construction
or installation. No work may be performed in County rights -
of -way or easements, except as noted in Section 4 above, until
plans have been submitted in conformance with Section 6 below and
a Monroe County Public Right -of -Way Use Permit has been issued by
the Public Works Director.
Section 6. Definitions.
As used in this ordinance, the following terms shall be
defined as set forth hereinafter:
1. "Arterial street" as used herein shall be deemed to
mean a street carrying a higher volume of traffic than a local or
collector street, which is used primarily for traffic travelling
a considerable distance and as otherwise defined in Section
334.03(15) Florida Statutes. An arterial street is generally
continuous and is used as a main traffic artery.
2. "Collector street" as used herein shall be deemed to
mean a street which carries traffic from local streets to major
thoroughfares and includes the principal entrance streets of a
residential subdivision and as otherwise defined in Section
334.0306) Florida Statutes.
3. "County road system" shall be as defined in Section
336.01 and 334.03(23), Florida Statutes, 1981.
4. "Governmental or subgovernmental agencies" as used
herein shall be deemed to mean the State of Florida and its
various agencies and departments, the United States of America
and its various agencies and departments, political subdivisions
of the State of Florida; including counties, incorporated
municipalities of the State of Florida, Drainage Districts, and
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such taxing districts as are created by County Ordinances,
Florida Statute or by Special Act of the Legislature.
5. "Local street" as used herein shall be deemed to mean a
street designed and maintained primarily to provide access to
abutting property, and as otherwise defined in Section 334.03(17)
Florida Statutes. A local street is of limited continuity and
not for through traffic.
6. "Permit" shall be deemed to mean the written permission
of the Board of County Commissioners of Monroe County through the
office of the County Public Works Director to enter onto the
public rights -of -way within the County road system to perform the
construction or installation as specified in that instrument.
7. "Permittee" when used herein shall be deemed to mean
any individual, firm, association, syndicate, co -partnership,
corporation, trust or any other legal unit commencing proceedings
under this ordinance or obtaining a permit as provided herein to
effect construction within the public rights -of -way of Monroe
County.
8. "Public rights -of -way" as used herein means land that
is dedicated or deeded to (or is now used or will be used by)
Monroe County as a street, alley, walkway, drainage facility,
access for ingress and egress, or for other purposes including
those rights -of -way within municipalities which by virtue
ofbilateral agreements between the municipality and Monroe County
are subject to the jurisdiction and control of the Monroe County
Public Works Department; and those State secondary roads for
which maintenance has been assigned to and accepted by Monroe
County and as otherwise provided for in Section 335.04 Florida
Statutes. Until such time as the Board of County Commissioners of
Monroe County accepts ownership and responsibility for the
maintenance of a right-of-way, it shall not be considered part of
the public rights -of -way for the purposes of this ordinance,
except in cases where the title to such right-of-way was vested
in Monroe County prior to June 11, 1963.
9. "Public utility" as used herein shall include any pipe-
line, gas, electric, heat, water, oil, sewer, telephone,
telegraph, radio, transportation, communication or other system
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by whomsoever owned and operated for public use. (See Section
876.37, Florida Statutes, 1981).
10. "Public Works Manual" as used herein shall be deemed to
mean the current edition of the "Monroe County Public Works
Manual, Parts 1 & 2".
11. "Road" shall be as defined in Section 334.03(2),
Florida Statutes, 1981.
Section 7. Application Procedures.
All applications for Monroe County public right-of-way use
permits; accompanied by the appropriate fee; and including four
(4) sketches, plans or drawings, of the proposed construction or
alteration, shall be submitted to the County Public Works
Director. All construction within County public rights -of -way
shall conform to and meet the technical standards and
specifications of Monroe County as contained in the document
entitled "Public Works Manual: Standard Specifications and
Details"; and/or Chapter 17 of the Monroe County Code
(Subdivision Regulations), as applicable. Applications for
access to, or construction within State road rights -of -way shall
be submitted to the Florida Department of Transportation.
All applications for County public right-of-way use permits
submitted by the owner or permittee, his engineers or legal
representative shall contain the following:
1. Name, address, including zip code, and telephone numer
ofthe owner and permittee, and his or their engineers; together
with affidavit of ownership or control.
2. Name, address including zip code, and telephone number
of the applicant's authorized agent for permit application
coordination; together with proof of authorization.
3. Description of the proposed project, its purpose and
intended use, including a description of the nature and type of
construction; type, composition and quantity of materials to be
used; description of equipment to be used; date when the activity
is proposed to commence and date when the proposed activity is
expected to be completed; location where proposed activity will
occur, including legal description, street name, mile marker and
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key; names and addresses including zip codes of all adjoining
property owners whose property directly adjoins the proposed
activity; and an explanation or detailing of any additional
information required by the Public Works Director, including, as
applicable; survey drawings; aerial photographs, topographic
maps, soil percolation tests, etc..
4. Four (4) copies of detailed construction plans showing:
project location; location within the right-of-way; stationing;
and typical cross -sections of topographical and drainage details
showing existing utilities, underdrains, culverts, headwalls,
driveways, and any other existing structures, together with all
proposed structures, modifications and activities. Existing
drainage patterns and volumes and the effects of proposed
modifications shall be shown, if the proposed activity alters
existing drainage patterns. Computations for street drainage and
culverts shall be based upon a three (3) year storm frequency.
The drawings shall be drawn to scale, show a north arrow for
orientation, and shall be submitted on either 8-1/2" x 11" or
24"x 36" paper. Florida law requires that drawings, other than
those prepared by a person for his own property or by a govern-
mental employee in the course of his or her assigned duties for a
governmental entity, must be certified by a professional engineer
or professional land surveyor registered in the State of Florida
(Section 471.003(2) and 472.005(4)(b), Florida Statutes).
Section 8. Insurance and Bonding.
Insurance. Unless specifically waived by the Board of
County Commissioners, the permit shall not be effective for any
purpose whatsoever until applicant, or his designated
representative, delivers to the Monroe County Public Works
Director a certificate of liability insurance evidencing bodily
injury and property damage coverage equal to or in excess of the
following limits: ONE HUNDRED THOUSAND and NO/100 DOLLARS
($100,000.00) per person: THREE HUNDRED THOUSAND and N0/100
DOLLARS ($300,000.00) per occurrence; and FIFTY THOUSAND and
N0/100 DOLLARS ($50,000.00) property damage. Said certificate of
insurance shall name Monroe County as an additional insured,
shall be effective for all periods of work covered by this use
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permit, and shall be in a form acceptable to the Monroe County
Public Works Director. (A statement of insurance from a self -
insured entity may be acceptable as a substitute.)
Bonding. An executed Right-of-way Bond or other form of
surety acceptable to the Board in an amount of not less than
$5,000.00, to insure against any damage that may take place
within rights -of -way and easements. Surety in an amount of less
than $5,000.00 is permissible if accompanied by a Florida -
registered Professional Engineer's estimate that any cost of
restoration will be less than $5,000.00. All restoration shall
leave the right-of-way or easement in a condition which is as
good or better than that which existed prior to construction.
Bonding is not required to install single family residential
driveway accesses for which public right-of-way use applications
have been duly applied for and granted.
Section 9. General Provisions.
(a) Where any County road or right-of-way is damaged or
impaired in any way because of construction, installation,
inspection or repair work by any permittee pursuant to this
ordinance, the permittee shall, at his own expense, promptly
restore the road or right-of-way as nearly as possible to its
original condition before such damage. If the permittee fails to
make such restoration, the County of Monroe is authorized to do
so and charge the cost thereof against the permittee in
accordance with the provisions of Section 338.18-20 and 125.42
Florida Statutes, 1981.
(b) The applicant shall declare that all existing aerial
and underground utilities have been located and the appropriate
utilities notified of the proposed work.
(c) The applicant receiving a permit shall make all
necessary provisions for the accommodation and convenience of
traffic and shall take such safety measures, including the
placing and display of caution signs and signals as required by
the current edition of the Florida Department of Transportation
Manual on Uniform Traffic Control Devices for Streets and
Highways. The applicant shall further prevent obstructions or
conditions which are or may become dangerous to the traveling
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public. The authority to temporarily close off a street or
easement in its entirety rests entirely with the Board of County
Commissioners.
(d) The applicant shall notify in writing the Sheriff's
Department and the concerned Ambulance and Fire Districts prior
to any street closing (when approved by the Board of County
Commissioners), street opening and/or pavement excavation.
(e) Fire Hydrants shall be left accessable at all times.
(f) All repairs will be made under the direct supervision
of the Monroe County Public Works Department.
(g) Existing utility service shall not be disrupted without
specific authority of the concerned utility and public
notification by newspapers or the airways, that said disruption
will occur. Repairs determined to be of an emergency nature are
not subejct to the notification procedure.
(h) The flow of stormwater within drainage facilities will
remain unimpeded. Adequate measures will be taken to prevent
pollution of water in the area from run-off, and pollution of the
air from dust, during the course of construction and restoration.
(i) Any public or private property which is used or
affected by a permitted project will be maintained and preserved
from damage during the operation, and restored to its original
condition upon completion or cessation of work.
Section 10. Access Driveways.
(a) Request to install single family residential driveway
accesses shall be submitted in compliance with existing
procedures, and bonding is not required.
(b) Access driveways onto rights -of -way shall be limited to
the least possible number required to adequately serve the
intended use and shall conform to all applicable traffic safety
standards. Prior to installation within County right-of-way the
application shall be reviewed by the Public Works Director
regarding any affects on sidewalks, ditches, swales, curbs, or
other facilities located within rights -of -way or easements. Once
a permit is issued, all construction and improvements shall be
supervised by the Public Works Department.
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Section 11. Construction Standards & Specifications
All construction, repairs and/or restorations within County
public rights -of -way and easements shall conform to the technical
standards and specifications as contained in the current edition
of the "Monroe County Public Works Manual", which manual is
hereby adopted pursuant hereto and, by reference, incorporated
herein.
Section 12. Fees.
The Board of County Commissioners hereby establishes reason-
able application and permit fees to be charged by the Public
Works Department for activities permitted hereunder.
The following fee schedule shall be applied to all construc-
tion or installation upon or within the public rights -of -way,
except in the following instances:
1. Where the construction performed is for the benefit of
a governmental or subgovernmental agency and applicable fees are
specifically waived on an individual project -by -project basis by
the Board of County Commissioners;
2. Where the permittee is under contract to deliver the
constructed project over to a governmental or subgovernmental
agency upon completion of the project and the Board of County
Commissioners has waived applicable fees for such project
consistent with subparagraph 1;
3. Where the right-of-way lies within the corporate
boundaries of a municipality and the municipality charges a
permit fee for inspection of the same construction or installa-
tion work.
The permit fees designated hereinafter shall be payable upon
issuance of the said construction permit in an amount determined
by the Public Works Director pursuant to the following schedule.
In the event a construction permit is denied, only the
application fee shall be payable.
The Monroe County Public Works Department shall charge and
collect fees for the items and rates listed in the following
schedules:
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A. Application Fee. A nonrefundable processing fee of $10
shall accompany all Monroe County public right-of-way use permit
applications. If the permit application is approved, the
application fee will be applied to the permit fees as detailed
under subsection (B) below.
B. Permit Fees.
Fees for public works construction, under
permit issued by the Public Works Department, in canal, road and
street rights -of -way and easements in the unincorporated area of
Monroe County and in rights -of -way of canals, roads and streets
located within municipalities that are maintained by Monroe
County are fixed as follows:
(1) For installation or repair of sanitary and storm
sewers, waterlines, gas lines, and other underground
utilities:
For 100 lineal feet or less ..................$ 28.00
For each additional 100 lineal fee or
fraction thereof ............................. 12.50
(2) For french drains, consisting of catch basin and
seepage trench or slab covered trench:
For the installation consisting of one or
two catch basins, and seepage trench or
soakage pit of lengths not to exceed 100
lineal feet .................................. 25.00
(3) For installation of poles or down guys for
overhead utilities:
For each pole unit ........................... 10.00
(4) For construction or replacement of sidewalks,
curb and gutter:
For 100 lineal feet or less .................. 25.00
For each additional 100 lineal feet or
fraction thereof ............................. 12.50
(5) For construction of driveways:
For driveway width of 20 feet or less........ 10.00
For driveway width greater than 20 feet
but less than 40 feet; (each driveway)....... 20.00
For driveway width greater than 40 feet:
(each driveway) .............................. 40.00
(6) For construction of street pavements:
(a) One lane or two lane pavements
(width of pavement 0 to 24 feet)
For 100 lineal feet or less ............. 75.00
For each additional 100 lineal feet or
fraction thereof ........................ 25.00
(b) Three or more lanes of pavement
(aggregate width greater than
24 feet) :
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For 100 lineal feet or less ............. 100.00
For each additional 100 lineal feet
or fraction thereof ..................... 50.00
(7) For paving of parkways and shoulders:
For 100 lineal feet or less .................. 50.00
For each additional 100 lineal feet or
fraction thereof ............................. 25.00
(8) For construction of curb separators:
For 100 lineal feet or less .................. 25.00
For each additional 100 lineal feet or
fraction thereof ............................. 10.00
(9) For erection of street name signs:
For each sign ................................ 5.00
(10) For construction of bridges:
For bridge roadway area of 1000 square
feet or less ................................. 200.00
For each additional 100 square feet.......... 50.00
(11) For installation of permanent -type traffic
barricades, guardrails and guide posts:
For each 100 lineal feet or less ............. 25.00
(12) For construction of street or driveway
culvert crossing of canals and drainage
ditches: (not controlled by DER):
For each lineal foot pipe .................... 2.00
per foot of
pipe diameter
or fraction
thereof.
A permit fee for a multiple -pipe culvert shall be
determined by regarding the aggregate lengths as
one continuous pipe.
C. Penalty Fees. When work for which permit is required
is commenced prior to obtaining a permit, a penalty fee will be
imposed.
The penalty fee will be $25.00 plus double the original
permit fee.
The payment of such penalty fee shall not relieve any
person, firm, or corporation from fully complying with all of the
requirements of all applicable regulations and codes, nor shall
it relieve them from being subject to any of the penalties
therein.
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Section 13. Relocation Upon Notice by the
Public Works Director.
All permission granted for construction under this ordinance
does not constitute and shall not be construed as permitting a
permanent installation within any public right-of-way. Any
facility permitted within the public right-of-way shall be
relocated or reconstructed by the owner at his sole cost and
expense when in conflict with any construction, reconstruction,
or any project performed by the County or its authorized
representative, which is deemed to be in the interest of the
general public within thirty (30) days of the request. Where the
owner requests additional time up to a maximum of 120 days, this
may be granted by the office of the Public Works Director upon
receipt of a letter stating adequate grounds to support the
owner's position that additional time is necessary to complete
the relocation. If the extension of time requested by the owner
is denied by the Public Works Director or an extension in excess
of 120 days is desired by the owner, the owner may appeal to the
Board of County Commissioners by written request and the time for
relocation shall be stayed while the appeal is pending. Where
Monroe County has requested a relocation, permits will be
required to approve the new sites of the utility facility but
permit fees shall be waived. Utility placements and relocations
shall be governed by the presciptions of Sections 338.17, 338.18,
338.19 and 338.20, Florida Statutes, 1981, or such other
enactments as supersede the aforesaid sections.
Section 14. Emergency Repairs.
In the event of an emergency requiring repairs by utility
companies to some portion of their facilities, nothing in this
ordinance shall be deemed to prohibit the making of such repairs
without having first obtained a permit or paying a fee. Provided
however that emergency repairs shall be reported to the Monroe
County Public Works Director so that traffic safety measures can
be implemented. Where the emergency repair creates an open cut of
a paved road which remains uncompleted after two business days
following the notification of emergency repair, the utility shall
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thereupon apply for a construction permit pursuant to the
provisions of this ordinance.
Section 15. Appeals.
Any party claiming to be aggrieved by a decision of the
Public Works Director may appeal to the Board of County
Commissioners by filing a written notice of appeal with the
Public Works Director within thirty (30) days of the date of
denial.
Section 16. Time Limits.
Within 30 days after receipt of an application for a permit
under this chapter, the Director of Public Works shall review the
application and shall request submittal of all additional
information the Director is permitted by law to require. If the
applicant believes any request for additional information is not
authorized by law or departmental rule, the applicant may file an
appeal to the Board of County Commissioners pursuant to Section
15 above. Within 30 days after receipt of such additional
information, the Director shall review it and may request only
that information needed to clarify such additional information or
to answer new questions raised by or directly related to such
additional information. If the applicant believes the request of
the Director for such additional information is not authorized by
law or departmental rule, the department, at the applicant's
request, shall proceed to process the permit application. Permits
shall be approved or denied within 90 days after receipt of the
original application, the last item of timely requested
additional material, or the applicant's written request to begin
processing the permit application. If the application is not
approved or denied in writing within ninety (90) days, it shall
be deemed approved. The permit shall be considered valid for
sixty (60) days beginning on the date of issuance. If work does
not commence by the sixtieth (60th) day, the permit shall be
considered void and reapplication will be necessary. Work must
be completed by the completion date indicated on the application.
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Section 17. Restoration and Penalty.
No person shall use County rights -of -way or easements for
any purpose for which a permit is required by this ordinance
without first obtaining a permit therefore. In the event County
rights -of -way or easements are used and/or construction takes
place without a permit, upon written notice by the Public Works
Director, the person shall remove any constructed facility,
restore the area to its original condition and cease any
nonpermitted use. All such violations of the provisions of this
ordinance shall also be punishable as provided for in Section
125.69, Florida Statutes, 1981.
Section 18. Inclusion in Code.
It is the intention of the County Commission, and it is
hereby ordained that the provisions of this Ordinance shall
become and be made a part of the Code of Laws and Ordinances of
Monroe County, Florida and shall be incorporated therein as
Chapter 16, entitled "Streets and Highways"; and that the
sections of this Ordinance may be renumbered or relettered to
accomplish such intention, and the word "Ordinance" may be
changed to "section", "article", "chapter" or other appropriate
word.
Section 19. Repeal of Existing Section of Code.
Section 19-130 of the presently existing Monroe County Code
of Ordinances be and the same is hereby repealed by the enactment
of this ordinance.
Section 20. Revisions.
The Board of County Commissioners shall have the authority
to make changes and/or revisions, to this ordinance, which they
deem necessary, and in the interest of the public.
Section 21. Severability.
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 22. Effective Date.
The provisions of this ordinance shall become effective upon
receipt from the Florida Department of State of Official
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Acknowledgment that this Ordinance has been filed with the
Department of State.
PASSED AND ADOPTED: This kb- day of Sca'tgr4t r' ,
1983.
Approved as to form and
Legal Sufficiency
Attest:
R PH �". I`�''E, C�.R
ofO- D.c
lerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By (14,4
Mayor Chairman
Acknowledged by the Department of State of the State of Florida,
on this, the day of 0 c-+,-,6e.- , 1983.
Received and filed by Clerk, Board of County Commissioners,
Monroe County, on
L c� - 30
, 11 83
P M.
EFFECTIVE DATE:
OC.+- (c
, lu 3
P M.
APPROVED AS W FORM
AND GAL SUFFICIENCY.
Attorney's Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, September 16, 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 ESTABLISHING A FEE SCHEDULE TO
REIMBURSE MONROE COUNTY FOR ITS ADMINISTRA-
TIVE COSTS IN CONNECTION WITH THE ISSUANCE OF
CONSTRUCTION PERMITS FOR ALL CONSTRUCTION
WITHIN THE PUBLIC RIGHT OF WAY OF ROADS AND
STREETS UNDER THE CONTROL AND JURISDICTION OF
THE BOARD OF COUNTY COMMISSIONERS; PROVIDING
FOR A SHORT TITLE; PROVIDING FOR REQUIREMENT
OF PERMIT; PROVIDING FOR PERMIT REVIEW BY THE
PUBLIC WORKS DIRECTOR; PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROCEDURE FOR
APPLICATION FOR CONSTRUCTION PERMIT;
PROVIDING FOR PERMIT FEES; PROVIDING FOR
RELOCATION UPON NOTICE BY THE PUBLIC WORKS
DIRECTOR; PROVIDING FOR EMERGENCY REPAIRS;
PROVIDING FOR REFERENCE TO STATUTORY PENALTY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
DATED at Key West, Florida, this 24th day of August, 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 PUBLIC=
• THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared Judith E. Prou1X , who on oath, says
that he is Office 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 Intention to Consider Adoption Of
IN THE MATTER OF Ordinance Establishing a Fee Schedule County Ordinance
in the
Court,
newspaper in the issues of September 1 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
V KUIIVAIV(.:t IVV--IY'A"
AN ORDINANCE ESTAD-
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one LISHING A, FEE SCHED-
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, com-
mission of refund for the purpose of securingthis advertisement for publication in the said newspaper.
(SEAL)
.SWORN TO AN_D-SUBSCRIBED BEFORE ME THIS / 'V
DAY OF` , / A.D. 19 I
' NOTARY PUBLIC `STATE OF AORIVA
MY COMA I SS I -ON ExP I RES MAY '31 19 8 7
6C)NDED THP,U GENERAL INSURANCE UND
a
PROOF OF PUBLICATION
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 ADOPTION OF COUNTY ORDINANCE
in the Court, was public ed in said NOTICE OF INTENTION TO CONSIDER
newspaper in the issues of-83 ADOPTION OF COUNTY ORDINANCE
Affiant further says that the said REPORTER is NOTICE IS HEREBY GIVEN TO WHOM IT MAYCONCERN that on Friday,-
Septembm 16, 1983, at 10:00 AM in Courtroom B, Monroe County Courthouse
newspaper published at Tavernier, in said Monroe CountAnnex, 56 Whitehead Street, Key West, Monroe County, Florida, the Board of
, County ";ommissioners of Monroe County, Florida, intends to consider -the
Florida, and that the said newspaper has heretofore bei adoptio jofthefollowingCountyOrdinance:
continuous) published in the said Monroe Count Flor; ORDINANCE NO. •1983
Y P County, aAN ORDINANCE ESTABLISHING A FEE SCHEDULE TO REIMBURSE
MONROE COUNTY FOR ITS ADMINISTRATIVE COSTS IN CONNECTION
each week (On Thursday) , and has been entered as secon( WITH THE ISSUANCE OF CONSTRUCTION PERMITS FOR. ALL
CONSTRUCTION WITHIN THE PUBLIC RIGHT OF WAY OF ROADS AND
class mail matter at the Post Office in Tavernier, in 1 STREETS UNDER THE -CONTROL ANDJURISDICTION OF THE BOARD OF
County of Monroe, Florida, for a period of One year ne: COUNTY COMMISSIONERS; PROVIDING FOR A' SHORT TITLE; PROVIDING FOR REQUIREMENT OF PERMIT; PROVIDING FOR PERMIT
REVIEW BY THE PUBLIC WORKS DIRECTOR; PROVIDING FOR
preceding the first publication Of the attached copy of DEFINITIONS;PROVIDING FOR PROCEDURE FOR APPLICATION FOR
CONSTRUCTION PERMIT; PROVIDING FOR PERMIT FEES; PROVIDING
advertisement; and of f iant further says that he has ne' FOR RELOCATION UPON NOTICE BY THE PUBLIC WORKS DIRECTOR;
PROVIDINGFOR EMERGENCY REPAIRS; PROVIDING FOR REFERENCE
paid nor promised any firm, person, Or corporation any TO STATUTORY PENALTY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
discount, rebate, commission or refund for the purpose DATE•
securing this said advertisement for publication in th(, DATED at Key West,Florida, this 29thday ofAugust,A.D.1983.
said newspaper. RALPHw. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commis4oners
_ - of Monroe Cou- Florida
SEAL Published: 9/1/83
SWORN TO ANDA/CRIBED.BEFOP.EyME^THIS RT14 The Reporter
Tavernier, Fla. 33070
DAY of SEPTEMBER — q, p 19 83
ARPrRYLL._p��� STATE O fLORIO,a
MY COMMISSION EXPIRES• MY e!CWM1SSION EXPIRES APR 2 1987
NUTO 1HRU GENERAL INSURANCE UND.
� -THE Sr4,,
b
� a
W
• ~CCD w6t'�G`
FLORIDA DEPARTMENT OF STATE
George Fi restone
Secretary of State
October 6, 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
September 30
Monroe
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 October 60- _ 1983.
4. The original/duplicate copy/ies showing the filing date is/are
being returned for your records.
Cordially,
(Mrs.) ancy Kavanau
Chief, ureau of Laws
FLORIDA-State of the Arts