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Ordinance 032-1983Charles P. Az,_ > Director of MSD ORDINANCE NO. 032-1983 AN ORDINANCE AMENDING ORDINANCE NO. 19-1980, SECTION 8-20; PROVIDING FOR THE COLLECTION OF DELINQUENT SPECIAL ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES FOR 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. The County Commission declares that there now exists an emergency in Monroe County, Florida, as the public health, safety and welfare require all overdue and delinquent special assessments for the collection of garbage, trash and refuse be collected as soon as possible. That various persons are refusing to pay said assessment, thus causing an immediate need to so enforce this requirement. Section 2. Ordinance No. 19-1980, Section 8-20, does not specifically provide any type or mode of collection for the same, whereas Florida Statute 173 "Foreclosure of Municipal Tax and Special Assessment Liens" specifically does so. Section 3. Ordinance No. 19-1980, Section 8-20, entitled "When Special Assessments Due", shall be amended so that the last paragraph shall read as follows: "Delinquent special assessments after recordation of the lien may be collected by the civil foreclosure proceeding, or in the alternative, at the option of the County, according to Florida Statute 173; and in addition to the collection of the lien, interest as called for in the ordinance shall be collected, together with attorney's fees and cost for collection of same." Section 4. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. 2 Section 5. If any section, subsection, sentence, clause of provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 6. 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 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of December , A.D. 1983. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA By Mayor/Chairman (Seal) Attest: DANNY L. KOLITAGV, Clerk C er ADOPTED : De t * m,o t ►- 1 L , ►y83 FILED WITH SECRETARY OF STATE: �fl+ ."Y9, I 171 EFFECTIVE DATE: APPROVED AS TO FORM AND LEGAL SUFFICIENCY. BY Attorneys Office NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, December 16, 1983 at 5:00 P.M. at the Plantation Governmental Center, Plantation Key, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO.o3L -1983 AN ORDINANCE AMENDING ORDINANCE NO. 19-1980, SECTION 8-20; PROVIDING FOR THE COLLECTION OF DELINQUENT SPECIAL ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES FOR MONROE COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. This was previously advertised with the date of December 2, 1983 for the public hearing. in that date. This notice advises of the change 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. DATED at Key West, Florida, this 3rd day of November, 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 THE KEY W ST C 7".'=7-I Publ.i.^hed Daily Key West, Monroc: Couaty, Florida 33040 oe STATE OF FLORIDA) ss. COUNTY OF MONROE) Before the undersigned authority personally.appeared............ BOBBY AD N.. ............................ w'i.o on rz�th says that he is ............. Advertising Manager ..............................of 1'L1e ?,Isy T;:ns-,Citizen, a f daily newopave— published at %'- ,,Tazt in `10-.roe COun.t T�_Florida; that ,1,; Rt'. the attached co-v Of }'<<E��:�S3o?3'.:':tt, being a N ®. O i NOTICE 'WwRORTTO GIVEN TO WHOM IT MAYS -- CONCERN that on Friday, December; 16, 1983 at 5:00 _ in the matter Of P.M. at the Plantation ~t Notice of Intwtion Governmental Center, Plantation Key,' Monroe County, Florida, the Board of County Commissiners of to Consider Adoption of County Monroe County;: Florida, intends to consider the . adoption of the, following n��a.. {p_lpdn County Ordinance: Ordinmee No• T— 88V0 ! ORDINANCE NO.-1983 AN ORDINANCE AMEN- DING ORDINANCE NO. 19- { 1980, - SECTION 8-20; PROVIDING FOR THE COLLECTION OF DELINQUENT SPECIAL ASSESSMENTS; REPEALING ALL OR- DINANCES OR PARTS OF IN w .� vublished in said newspaper In f.h.E „�r,� Of iy �LRICT WC HNANS.THISCOR- I DINANCE; PROVIDING SEVERABILITY; NovWmbw 1e� OR 9 1983 CLUSIONI N THE CODE ROVIDNG FORIOF ORDINANCES. FOR MONROE COUTNY Affiantfi further says that the `57,7i K"' T,�7 FLORIDA; AND PROVIDING AN EF- xiewspaper-pu';?lisbed at Key West, ill 'i Cd FECTIVE DATE. This was previously ad- tsi t the said newspaper has heretofore been contir vertised wirn the date of December 2, 1983 for the in said Monroe Cour_ .g, Florida, each day except SE apublic hearing. dvises of thec change notice in that ; been entered as second class mail matter at the pa date. West, in said Monroe County, Florida, for a peril 286..0105 Pursuant 'Statut��es rson preceeding the first publication cf the attached a decidednie isg�hat tontappeaif a l�eany decision made by -the Board ment; and affiant fur-ther says that he has neither with respect to inv matter any person, firm or corporation ar.i17 discount, rebi considered at such Faaringsor meetings, he will need a r record of the proceedings, re fo r or the puTrose of securing this advertiseU and that, for such purpose, he In imay need to ensure that a 'l.e Said I vre^:pisper. verbatim record of the proceedings is made, which record includes the testimony _ 1•, ii] � and -evidence upon which the appeal, is to be based. 27 1487 ....-�., DATED at Key West, SEAL ON��A r � GENEPAI, INrd day of SURl�N UNovember, 1983. r he LC cu W. CFlorida, this ourt of of Clerk e roe ��County, Florida and ex officto Clerk of the Board of County Sworn to and subscri ed before me this.. .�..� Commissioners Florida. of Monroe Nov. 17, 1483 day ofs�r�rvr. .... , A.D. 19 2�----------- .............. .... ... ....... .. . 1, -- �---- - _ -- -- --- ----- PROOF OF PUBLICATION Dublished Daily Key ;Jest: mor,,-oLdiI.ty, 71ox a 040 r' STATE Oi' FLORIDA) ss. COUierY ('"'i 1.'ON,�ROB) Before the undersigned. authority pnrsonally appearec:. • • • , , . • • • . • . BOBBY ADRIAN l., . .. . • • . o • • ... • . . . • • .. W11C op. cat..:, i:'t:i -hat he. .i. .. • o . . a ... . Advertis3ljg Manager . _ • .... , • . ............ ..of The Key:i.tyzel:; z daily newspaper rublic:l^ct LL Ka" West ir. '�o:lroe County', ':'lnr:.c:,F that attact::c�d copy of al�vert'. s ement , belle [� PN 1 COUNT f, e NOTICE IS - HEREBY I GIVEN TO WHOM IT MAY CONCERN that on Friday, December'2, 1983, at 10:00 _ le-tter of Nun A.M. at the Marathon Sub- Iill courthouse, Marathon, Monroe County, Florida, the Board- of County Com County, Florida,Monroe County, Fla, intends to I consider the adoption of the following County Ordinance: ORDINANCE NO. 1983 AN ORDINANCE AMENDING ORDINANCE i NO'. 19-1980, SECTION 8-20;, I PROVIDING FOR THE _ COLLECTIONOF 'SPECIAL SPECIAL ASSESSMENTS; REPEALING ALL OR- DINANCES OR PARTS OF, k ORDINANCES -IN CON - was ' uli. iFsht.c. in `laid ne s;?c par in t-he issues OI FLLICT WITH THIS OR- DINANCE; PROVIDING I FOR SEVERABI(_ITY; p� PROVIDING- FOR IN- CLUSIONjRDINAIN THE NCES CODE OF FOR MONROE .COUTNY, FLORIDA; AND "c sa-,;'i=i1at the Cui.? '.l'' 0. Keyi PROVIDING AN EF- FECTIVE DATE. rz..Tsrarer published at Key West, i_, so. -id donroe; Pursuant to; . Section �+ 286.0105, Florida Statutes, %!i�. ti2A said newspaper has heretcfore ee-1 conj notice is given that if a person decided to appeal any in s:Lid Monroe County, Florida, eaci'.•. da) Except(- decision made by ,the Board beeentered as second class mail luut.t:er at they with respect is any matter r. considered at such hearings {'? in said Monroe Count Florida, `4od ei or meetings, he will need a 1 County, ): record of the proceedings, ceediri the first publication of the: attache! and that, for such purpose; he. '� ' e- g P may need to ensure that, a 11leras nel t; and afflant further says that he has verbatim record of the y proceedings is made, which mony any pt: son firm Or corporation oration an discount rl and recor includes uponwhichth S' � s p y � and evidence upon which the refurd for the purpose of securing this adverti, ad. pDATED at bebas y west, .1 in the said newspaper, Florida, tthiis 25th day of RALPH W. WHITE Clerk of the Circuit Court of Monroe County, -Florida and ex officio Clerk of the.Board _ of County Commissioners of 27 19V • • Monroe County, Florida —� {, C )NDj Nov, 3,1983 (13 FAT Svorrn�to and sub bed before me this... •>. ctry of ..�Cr �(r94-1 ., A.D. 9� ,(/// _ �- r ' P_.ROOF OF PUBLI= F THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) COUNTY OF MONROE ) Before the undersigned authority personally appeared Judith E. Proulx , 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 Not ice of Intent ion to cons i d e r a d o p - tion IN THE MATTER OF Amending ordinance no. 19.-1980, Section 8-20 in the newspaper in the issues of November 17, 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, firm, or corporation any discount, rebate, com- on Friday, December 16, at 5:00 P.M. at the Planta- Governmental Center, ation Key, Monroe .County, Ba, the Board of County nissioners of Monroe tv, Florida, intends to ¢on - the Yadoption of the follow- )RDIfvANCE NO. -1983 ORDINANCE AMEND- , ORDINANCE- NO. 1980 SECTION 8-20- DV16ING FOR THE= LLECTION OF OELIN- ENT SPECIAL ASSESS- 'NTS; REPEALING ALL DINANCES OR -PARTS ORDINANCES IN CON - 'CT WITH THIS ORDI- ✓vFabalROV�IDI01p FOR mission or refund for the purpose of securing this advertisement for publication in the said newspaper. THE CODE OF ORD1- NANCES FOR MONROE CO NTY FLORIDA • AND PRUVIDIhG AN E�FEC- ' TIVE DATE. This was previously adver- tised with the date of December = - - 2 1983 for the public hearing. This - • notice advises-- of the change in that date. Pursuant to Section 286.0105, Florida Statutes, notice.is given (SEAL) - ,that if a person decided to aPP- -pBeal any decision .made by the oard with respect to any mat- ter considered at such hearings he will need -a rec- or lord hie SWORN TO AND SUBSCRIBED BEFORE ME THIS of the Proceedings, and that, for such purpose, he may - - ����) y��n-• / ' / (/� need to ensure that a verbatim -record., of the Proceedings is which includes DAY OF (mot_ n—ic �J A.D. 19 d �J made record the testimony .and evidence /`JJJiiiiii upon which the appeal is to be based. DATED at y West, Florida 111 ( (/ O l L J this 3rd day off November,1483., RALPH WHITE NOTARY PUBLIC STATE OF FLORIDA W. Clerk of the Circuit Court Monroe MY COMMISSION EXPIRES MAY '31 19 8 7 of County, Florida and x officio Clerk of the �ounty BCI MED THRU GEi'JER `.L ll ISUR.ANC :JiVD Board of Commission- of Monroe County, Florida (SFAL) R� 1 • :i" a PROOF OF PUBLI THE FLORIDA KEYS KEYNOTER Published Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF MONROE ) Before the undersigned authority personally appeared Judith E . ProulX , who on oath, says that he is (off i r,P 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 No. 1 9-1 980 County Or inance in the newspaper in the issues of November 3, 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, firm, or corporation any discount, rebate, com- mission or refund for the purpose of securingthis advertisement for publication in the said newspaper. (SEALY v SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF/�-P/ / /l/�L� A.D. 19 0 N T I PUbLIC r T� FLORIDA MY COMMISSION EXPIRES MAY '31 19. B 7 BONDED THRU GENERAL INSURANCE UND Court, was published in said or an 110. of Monroe County, Flor (Se iblish: November 3. 1983 PROOF OF PUBLICATION STATE OF FLORIDA ) RO0VING THE UPPER KEYS BOX 11971 TAVERNIER1 FL. 33070 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 CONSI'DER in the Court, was published in said newspaper in the issues of Affiant further says that the sal 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, FloritEFFECTWE NOTICEOFINTENTIONTOCONSIDER ADOPTION OF COUNTY ORDINANCE. each week (On Thursday), and has been entered as secondICE IS HEREBY GIVEN TO WHOM IT MAY CORTCERNthatonFriday, C1aS5 mail matter at the Post Office in Tavernier, lri Sber 16, 1983 at 5:00 P.M. at the,PlantationGovernmental, Center, tion Key, Monroe County, Florida, the Board of CountyCommissioners of e County, o da, intends to consider theado County of Monroe, Florida, for a period of one year neXnce: ptionofthefollowingCounty preceding the first publication of the attached copy offi�r`'" ORDINANCE NO. -1983 ORDINANCE AMENDING ORDINANCE NO. 19-1980, SECTION 8-20; advertisement; and affiant further Says that he has neiIDING FOR THE COLLECTION OF DELINQUENT SPECIAL SSMENTS,- REPEALING ALL ORDINANCES OR PARTS OF paid nor promised any firm, person, or corporation anyANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR RABILITY; PROVIDING FOR INCLUSION IN THE CODE OF discount, rebate, commission or refund for the purposeANCES FOR MONROE COUNTY, FLORIDA; AND PROVIDING AN CTIVE DATE. securing this said advertisement for publication in th� This was previously advertise hdwith the dateofDecember 2,1983for the nblio earing. This notice advises of the change in that date p said newspaper. Pursuant to Section 286.6105, 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 willneed a record of the Droceedines. 1 and that, for such purpose, he may need to ensure that a verbatim record of the 1. proceedings is mace, wmcn record mcluaes the testimony and evidence upon which • I the appeal is to be based. $ E A L - DATED at Key West, Florida, this 8rd day of November, 1983. -- UD SWORN TO AND U CR I BED BEFORE ME THIS RALPHW.wHITE N O.0 r rf B E-R -. 83 Clerk of the Circuit Court DAY OF A. D., 1 9 Published:11/17/83 The Reporter Tavernier, FL 33070 ZARY PURL I C:'',' NOTARY PUBL"I . STATE OF 'FLO IDA MY COMMISSION EXPIRESdtifY COMN15 ION FXNPFe APR 9 10a7 BONDED THRU GENERAL INSURANCE UND.i ;� PROOF OF PUBLICATION STATE OF FLORIDA ) COUNTY OF MONROE ) SERVING THE UPPER KEYS BOX 1197, TAVERNIER, FL. 33070 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 1 Gr_nl nl rr�nrrGE � IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER in the Court, wa ,2!-193hed in said newspaper in the issues of 11 Affiant further says that the said REPORTER is a newspaper published at Tavernier, in said Monroe Count NOTICE OF INTENTION TO CONSIDER i ADOPTION OF COUNTY ORDINANCE Florida, and that the said newspaper has heretofore bet NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday, December 2, 1983, at 10:00 A.M. at the Marathon Subcourthouse, Marathon, continuously published in the said Monroe County, Flori Monroe County, Florida the. Board of County Commissioners of Monroe County, Florida, intends to cons' ?r the adoption of the following County Ordinance: each week (on Thursday), and has been entered as seconds f` ORDINANCE NO. -1983 class mail matter at the Post Office in Tavernier, in S AN ORDINAN E AMENDING ORDINANCE NO. 19-1980, SECTION 8-20; ' PROVIDING FOR THE COLLECTION OF DELINQUENT SPECIAL County of Monroe, Florida, for a period of one year neX ASSESSMENTS; REPEALING ALL ORDINANCES OR PARTS OF j ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR preceding the first publication of the attached copy Of SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES FOR MONROE County, florida; AND PROVIDING AN advertisement; and affiant further says that he has nei_EFFECTIVE DATE. paid nor promised any firm, person, or corporation any i want 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 discount, rebate, commission or refund for the pllrpOSe 1 considered at such hearings or meetings, he will need a record a8 the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the securing this said advertisement for publication in the proceedings is made, which record includes the testimony and evidence upon which i the appeal. is to be based. ' j said newspapDATED at Key West, Florida, this 25th day of October, 1983. er RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida an ex o ito Clerk of the SE TL Board Of C uve County, Florida SWORN TO AND SU C I BED BEFORE ME -THIS 10TH Published:lll3I83 _ Y The Reporter Tavernier, FL 33070 DAY OF r\iowt=Mp.A D. , 19 TARY-- PSJ�J I .NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXPIRES• MY COMM;SSION EXPIRES APR 2 1987 BONDED FHRU GENERAL INSURANCE UND, . January 11, 1984 � 4w s arar e A W fwQec we ��� FLORIDA DEPARTMENT OFSTATE George Firestone Secretary of State Honorable Danny L. Kolhage Clerk of Circuit Court 500 Whitehead Street Key West, Florida 33040 Attention: Ms L Virginia M. Pinder Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statt.ites, this will acknowledge: :i K / 1. Receipt of your letter/s of ____- January q and certified copy/ies of _ Monroe County Ordinance/s No. /s _ 8 3-31. and 83-32-- Receipt of ^._.----- County Ordinancc!s reIatilre to: - - (a) which we have numbered w ich we have numbered__ 3. We have filed this/these Ordinance/s in this office T on_ January 1l, 1984 M1. 1. The original/duplicate copy/ies showing the filing date is/are heiAg returned for your records. Cordially, a 1 � (Mrs.) Nlncy Kavanaugh Chief, Bureau of Laws FRiDA-State of the Arts