Ordinance 010-1974
L
, ORDINANCE NO. 10 -1974
AN ORDINANCE AUTHORIZING AND EMPOWERING THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY TO RE-
QUIRE THAT LANDS IN THE UNINCORPORATED AREA OF
SAID COUNTY BE CLEARED OF DEBRIS AND ANY NOXIOUS
MATERIAL; PROVIDING FOR DEMAND UPON PROPERTY
O\VNERS FOR SUCH CLEARANCE; AUTHORIZING SAID BOARD
TO CLEAR SAID LAND UPON FAILURE OF THE OWNER TO
COMPLY WITH SUCH DEt1AND AND TO ASSESS A LIEN
AGAINST THE LAND FOR THE COST OF SUCH CLEARANCE;
PROVIDING FOR FILING AND RECORDING OF NOTICE OF
LIEN AND FOR FORECLOSURE; PROVIDING FOR THE PROSE-
CUTION OF LAND OWNERS FAILING TO COMPLY WITH
WRITTEN DEMAND FOR SAID CLEARANCE AND PROVIDING
FOR A PENALTY IN CASE OF CONVICTION: REPEALING
ALL SPECIAL LAWS, ORDINANCES, RESOLUIONS, RULES
AND REGULATIONS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AS FOLLOWS:
Section 1.
For the purpose of promoting the health, safety
and general welfare of the community, the Board of County Commis-
sioners of Monroe County is hereby authorized and empowered to re-
quire that lands in subdivisions and outside of subdivisions within
the unincorporated area of Monroe County be cleared of debris and
any noxious material of any kind which tend to be a breeding place
or haven for snakes and vermin of all kinds and character, or which
tend to create a fire hazard and endanger the lives and property of
the citizens of Monroe County, or which tend to create a traffic
hazard, or which tend to create a nuisance or other unsightly or un-
sanitary condition; noxious material for the purpose of this ordi-
nance to mean noxious material as defined by the state board of
health.
Section 2.
Upon a determination by the Board of County
Commisssioners of Monroe County, Florida, that lands in the unincor-
porated area of Monroe County should be cleared in accordance with
the provisions of Section 1 of this Ordinance, .said Board of County
Commissioners may make written demand on such property owner that
his land be cleared in accordance with the provisions of this Ordi-
nance. Such demand is to be served upon such owner by registered
mail directed to him at his address as shown on the current tax rolls
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of said county, and notifying such owner that if such demand is not
complied with within thirty (30) days from the date thereof, the
land as described in such demand will be cleared by the county ~nd
that the cost thereof will constitute a lien again~t said land.
Section 3.
If any owner of property shall fail to comply
with written demand provided for in Section 2 hereof within thirty
(30) days from the date thereof, said Board of County Commissioners
is hereby authorized to clear said. land, and by resolution to assess
a lien on behalf of ~onroe County against said land for the actual
cost of said clearance. A notice of lien in such form as said
Board shall determine may be filed in the office of the Clerk of the
Circuit Court of said County and recorded in the same manner as other
liens are recorded. The sam~ upon recording, shall be constructive
notice of the existence of said lien which may be foreclosed by
Monroe County at any time in the manner in which mortgages are fore-
closed in the Circuit Court of said County. In any foreclosure pro-
ceedings, a reasonable fee to be determined by the court shall be
allowed the County Attorney for services performed in such proceed-
ing~'and same shall be taxed and paid as other costs.
Section 4.
In addi tion to the lien provi.ded for in
Section 3 of this Ordinance, any owner of property failing to comply
with the written demand provided for in Section 2 hereof within the
thirty (30) days from the date thereof, the owner of said property
shall be guilty of a misdemeanor in accordance with the provisions
of Chapter 125.69 Florida Statutes 1973.
Section 5.
All Special Laws, Ordinances, Resolutions, rules
and regulations in conflict herewith are hereby repealed to the extent
of said conflict.
Section 6. This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State acknowledg-
ing receipt of certified copy. of this Ordinance and that said Ordi-
nance has been filed in said office.
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4 i
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tues-
day, November 19 , 1974, at 2 : 00 P .M. at the Sheriff' s Substation,
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. -1974
AN ORDINANCE AUTHORIZING AND EMPOWERING THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY TO RE-
QUIRE THAT LANDS IN THE UNINCORPORATED AREA OF
SAID COUNTY BE CLEARED OF DEBRIS AND ANY NOXIOUS
MATERIAL; PROVIDING FOR DEMAND UPON PROPERTY
OWNERS FOR SUCH CLEARANCE ; AUTHORIZING SAID BOARD
TO CLEAR SAID LAND UPON FAILURE OF THE OWNER
TO COMPLY WITH SUCH DEMAND AND TO ASSESS A LIEN
AGAINST THE LAND FOR THE COST OF SUCH CLEARANCE ;
PROVIDING FOR FILING AND RECORDING OF NOTICE OF
LIEN AND FOR FORECLOSURE; PROVIDING FOR THE PROSE-
CUTION OF LAND OWNERS FAILING TO COMPLY WITH
WRITTEN DEMAND FOR SAID CLEARANCE AND PROVIDING
FOR A PENALTY IN CASE OF CONVICTION; REPEALING
ALL SPECIAL LAWS , ORDINANCES, RESOLUTIONS, RULES
AND REGULATIONS IN CONFLICT HEREWITH; AND PROVIDING
AN EFFECTIVE DATE.
DATED at Key West, Florida this 22nd day of October, 1974.
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)
Publish: Friday, October 25 , 1974.
DEPARTMENT OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
:H~:>>X(DM~IiI
SECRETARY OF STATE
Dorothy W. Glisson
November 26, 1974
Honorable Ralph W. White, Clerk
Monroe County Circuit Court
Post Office Box 1680
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge receipt of a certified copy of
Monroe County Ordinance No. 74-10, which was received and
filed in this office on November 25, 1974.
Kindest regards.
Cordially,
DOROTHY W. GLISSON
Secretary of State
By 7fCu~ ~~7~
(Mrs.) Nancy K~anaugh
Chief, Bureau of Laws
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