Ordinance 001-1983ORDINANCE NO. 001 -1983
AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY
ADDING CHAPTER ; CREATING A CODE ENFORCEMENT
BOARD IN ACCORDANCE WITH THE STATE CODE ENFORCE-
MENT BOARDS ACT; DEFINING TERMS IN SAID ORDINANCE;
PROVIDING FOR THE APPOINTMENT AND TERMS OF MEM-
BERS OF THE ENFORCEMENT BOARD; PROVIDING FOR THE
POWERS OF THE ENFORCEMENT BOARD; PROVIDING FOR
PENALTIES FOR THE VIOLATION OF ORDERS OF THE EN-
FORCEMENT BOARD; PROVIDING FOR APPEAL OF ORDERS
OF THE ENFORCEMENT BOARD; REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT WITH THE PRO-
VISIONS OR THIS ORDINANCE TO THE EXTENT OF SUCH
CONFLICT; PROVIDING FOR INCLUSION IN THE CODE OF
ORDINANCES OF MONROE COUNTY, FLORIDA; AND PROVIDING
WHEN ORDINANCE GOES INTO EFFECT.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
Section 1. That the Code of Ordinances of Monroe County, Florida,
is hereby amended by adding a chapter, to be numbered , which
reads as follows:
it -1. Definitions
(1) "Code Inspector" means any authorized agent or
employee of the county whose duty it is to insure
code compliance.
(2) "Enforcement Board" means the Code Enforcement
Board created under this ordinance in accordance
with the State Code Enforcement Boards Act.
-2. Enforcement Board; Organization.
(1) The County Commission shall apoint a seven -member Code
Enforcement Board. Members of the Code Enforcement
Board shall be residents of Monroe County. Appoint-
ments shall be made in accordance with Chapter 125
Florida Statutes on the basis of experience or in-
terest in the fields of zoning and building control.
The membership of the enforcement board shall whenever
possible consist of an architect, a businessman, an
engineer, a general contractor, an environmental pro-
fessional, and a realtor.
(2) (a) The initial appointments to the enforcement board
shall be as follows:
(a) 4 members appointed for a term of 1 year.
(b)
2
members
appointed for
a term of
2 years.
(c)
1
member
appointed for a
term of 3
years.
Thereafter, all appointments shall be made for a term
of 2 years. Any member may be reappointed from term
to term upon approval of the County Commission.
Appointments to fill any vacancy on the enforcement
board shall be for the remainder of the unexpired term
of office. Any member who fails to attend two of three
-2-
successive meetings without cause and without
prior approval of the chairman shall auto-
matically forfeit his appointment, and the
County Commission shall promptly fill such
vacancy. The members shall serve in accordance
with Chapter 125 Florida Statutes and may be
removed by a majority vote of the County Com-
mission, only for good cause shown.
(b) The appointments to the board will be made as
follows: the Mayor and Chairman of the Board
of County Commissioners shall have two (2)
appointments; the Mayor Pro-Tem shall have two
(2) appointments; and each Commissioner shall
have one (1) appointment. Initially the Mayor
and Mayor Pro-Tem shall make appointments for
one (1) year; the Commissioners from District 1
and District 4 shall have appointments for two
(2) years; and the Commissioner from District 2
shall have an appointment for three (3) years.
(3) The members of the enforcement board shall elect a
chairman. The presence of four or more members
shall consistute a quorum of the enforcement board.
Members shall serve without compensation, but may
be reimbursed for such travel, mileage, and per
diem expenses as may be authorized by the County
Commission.
(4) The county attorney shall
Code Enforcement Board or
in presenting cases before
shall the county attorney
The county attorney shall
he will serve.
-3. Enforcement Procedure
either be counsel to the
shall represent the county
the board; but in no case
serve in both capacities.
designate in which capacity
(1) It shall be the duty of the code inspector to ini-
tiate enforcement proceedings of the various codes;
provided, however, no member of the board shall have
the power to initiate such enforcement proceedings.
(2) Except as provided in subsection (3), if a violation
of the codes is found, the code inspector shall no-
tify the violator and give him ten (10) days to
correct the violation. Should the violation continue
beyond the time specified for correction, the code
inspector shall notify the enforcement board and
request a hearing pursuant to the procedure in
section -4. Written notice shall be mailed by
certified mail to said violator as provided herein.
(3) If the code inspector has reason to believe a vio-
lation presents a serious threat to the public
health, safety and welfare, the code inspector may
proceed directly to the procedure in section -4
without notifying the violator.
-4. Conduct of hearing.
(1) The chairman of the enforcement board may call hear-
ings of the enforcement board and hearings may also
be called by written notice signed by at least three
members of the enforcement board. The enforcement
-3-
board at any hearing may set a future hearing date.
The enforcement board shall attempt to convene no
less frequently then once every 2 months, but may
meet more or less often as the demand necessitates.
Minutes shall be kept of all hearings by the enforce-
ment board and all hearings shall be open to the
public. The County Commission shall provide clerical
and administrative personnel as may be reasonably
required by the enforcement board for the proper
performance of its duties.
(2) Each case before the enforcement board shall be pre-
sented by either the county attorney or by a member
of the administrative staff of the county.
(3) The enforcement board shall proceed to hear the cases
on the agenda for that day. All testimony shall be
under oath and shall be recorded. The enforcement
board shall take testimony from the code inspector
and alleged violator. Formal rules of evidence
shall not apply, but fundamental due process shall
be observed and govern said proceedings.
(4) At the conclusion of the hearing, the enforcement
board shall issue findings of fact, based on
evidence of record, and conclusions of law and
shall issue a recommendation affording the proper
relief consistent with the powers granted herein,
the same being directed to the County Commission.
The findings and recommendation shall be by motion
approved by a majority of those present and voting,
except that at least three members of the enforce-
ment board must vote for the said action and
recommendation to be official. The record and
findings shall be presented to the County Commis-
sion for its action thereon. Concurrent with the
presentation to the County Commission, the offender
shall be notified by registered mail of the recom-
mendation of the board and given twenty (20) days
to comply therewith. Failing therein, the County
Commission shall act on the recommendation in
accordance with section -6 hereof.
-5. Powers of the enforcement board.
The enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings.
(2) Subpoena alleged violators and witnesses to its
hearings. Subpoenas may be served by the Sheriff's
Department of the County.
(3) Subpoena evidence.
(4) Take testimony under oath.
(5) Issue orders having the force of law commanding
whatever steps are necessary to bring a violation
into compliance.
-6. Fines.
The County Commission, upon notification by the code
inspector that a previous order and recommendation of
-4-
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 for each day the violation con-
tinues past the date set for compliance. A certified
copy of an order imposing a fine may be recorded in
the public records and thereafter shall constitute a
lien against the land on which the violation exists.
After 1 year from the filing of any such lien which
remains unpaid, the enforcement board may authorize
the county attorney to foreclose on the lien.
-7. Appeal.
An aggrieved party may appeal a ruling or order of
the County Commission by certiorari to circuit
court. An appeal shall be filed within 30 days of
the execution of the order to be appealed.
-8. Notices.
All notices required by this Ordinance shall be by
certified mail, return receipt requested, to where
mail would not be effective, by hand delivery by
the code inspector."
Section 2. 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 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.
Section 4. 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 appro-
priately renumbered to conform to the uniform numbering system of
the Code.
Section 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.
(Seal) MLpH j. ��,,tl,TE
Attest:
M .e.
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONRO CA74401�0
RIi)A
41
By
May r/Chairman
r
AS TO FORM
A sufF/Cwwy.
ey
Attorney'# Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, February 4, 1983, at 10:00 A.M. at the Marathon
Subcourthouse, Marathon, Monroe County, Florida; on Friday,
February 18, 1983, at 10:00 A.M. at the Monroe County
Courthouse Annex, Courtroom "B", 500 Whitehead Street, Key
West, Monroe County, Florida; and on Friday, March 4, 1983
at 10:00 A.M. at the Plantation Government 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. -1983
AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY
ADDING CHAPTER ; CREATING A CODE ENFORCEMENT
BOARD IN ACCORDANCE WITH THE STATE CODE ENFORCE-
MENT BOARDS ACT; DEFINING TERMS IN SAID ORDINANCE;
PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS
OF THE ENFORCEMENT BOARD; PROVIDING FOR THE POWERS
OF THE ENFORCEMENT BOARD; PROVIDING FOR PENALTIES
FOR THE VIOLATION OF ORDERS OF THE ENFORCEMENT
BOARD; PROVIDING FOR APPEAL OF ORDERS OF THE
ENFORCEMENT BOARD; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS;
OR THIS ORDINANCE TO THE EXTENT OF SUCH CONFLICT.
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES
OF MONROE COUNTY, FLORIDA; AND PROVIDING WHEN
ORDINANCE GOES INTO EFFECT.
DATED at Key West, Florida, this 3rd day of January, A.D. 1983
(SEAL)
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
0
'PROOF OF PUBLIC
THE FLORIDA KEYS KEYNOTER �I
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 Adopt Ordinance
IN THE MATTER OF Code Enforcements Act in the
Court, was published in said
newspaper in the issues of January 1 3, 20 1983
NOTIC E�OpF INTENTION
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- TO CONSIDER ADOPTION
OF COUNTTY ORDINANCE {
FNOTICEAS HEREBY GIVEN ° 1
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously WHOM.IT MAY CONCERN"&. en-Friday. February' , .
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.
am oding8the "
AnOrdinance
Cod of Ordinances by add
ll Ing �hapter; creating a Code
In
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-
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Enforcement; Board. ac_
ordance with the Stater
Code Enforcements Act- de-:.
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fining terms In said 6rdi- = ,
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nance; providin -
pointment anii for the ap
terms of
-
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members of the enforce--
Members
board; providin for
the of the en or e-
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poveers
ment board; providing for
penalties for the violation of
--TO
"�
orders of the enforcement
orer
board; -Providing for..apPeal
.SWORN
SUBSCRIBED BEFORE ME THIS
' - - -
of orders of the enforcement
boardP repealing all Ordi--
'
DAY 'OF--
A.D. 193
-
nances or parts. of` Ordi-
conflict, with.
nanstsrfistdine
Dro4�ion
he of such conflict;
•
-
extent
providing for inclusion inane
Code of Ordinances of Mon
.
PUBLIC STATE. OF CA AT. I.AP.GE
roe County, Florida; and'
providing when Ordinance
into effect.
(`IOTARY
SEPT 28 1984 4
goes
f DsT at Key west, Florida
MY COMMISSION EXPIRES
Tr S
this 3rd day of January, A.D.
rd
AONCED THRU GENERAL I NS • UNC,R`%�RI
tvaa. ` RALPH W. WHITE
I
Clerk of the Circuit Court
of Monroe County Florida,
and
Board
of the of
Cwon�oe
county F orida
(Sea0 .
Florid Keys Keynoter `
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 & PLLBLISHER
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 published.in said
newspaper in the issues of 1 13 & 1-20-83
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 been
continuously published in the said Monroe County, Flori' NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
each week (on Thursday), and has been entered as sec
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
class mail matter at the Post Office in Tavernier, 1
February 4, 1983, at 10:0nA.M. at the Marathon 83, atr10:00e, Marathon,
- Monroe County, Florida; on Friday, February18, 1983, at 10:00 A.M. at the
Monroe County�ourthouse Annex, Courtroom "B", 500-Whitehead Street, Key
Count o f Monroe for a period o d o f one year
y , Florida, P y
West, Monroe County, Florida; and on Friday, March 4, 1983 at 10:00 A.M. at the
Plantation Government Center, Plantation Key, Monroe County, Florida, the
preceding the first publication of the attached copy
Board of County Commissioners of Monroe County, Florida, intends to consider
the adoption of the following County Ordinance:
advertisement; and affiant'further says that he has
ORDINANCE NO. 1983
paid nor promised any firm, person, or corporation a
AN ORDINANCE AMENDING THE CODE OF ORDINANCES BY ADDING
discount, rebate, commission or refund for the purpoItt,
CHAPTER " CREATING A CODE ENFORCEMENT BOARD IN
ACCORDANCE WITH THE STATE CODE ENFORCEMENT BOARDS ACT;
securing this said advertisement for publication in
DEFINING TERMS IN SAID ORDINANCE; PROVIDING FOR THE
APPOINTMENT AND TERMS OF MEMBERS OF THE ENFORCEMENT
BOARD; PROVIDING FORTHE POWERS OF THE ENFORCE51ENT BOARD;
said newspaper.
PROVIDING FOR PENALTIES FOR THE VIOLATION OF ORDERS OF THE
ENFORCEMENT BOARD; PROVIDING FOR APPEAL OF ORDERS OF THE
ENFORCEMENT BOARD; REPEALING ALL ORDINANCES OR PART OF
trie
ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
INCLUSION IN THE CODE OF ORDINANCES OF MONROE COUNTY,
SEAL -
FLORIDA, AND PROVIDING WHEN ORDINANCE GOES INTO EFFECT.
_
21ST
1983.
DATED at Key West,Florida, this3rddayof.January,A.D.RAL
SWORN TO AND CRIBED BEFORE ME THIS
i
RAL PH W. WHITE
Clerk of the Circuit Court
JA N UARY; -; 83
`pC
of Monroe County, Florida
DAY O F . D . , 19
4 ,'.nd ex officio Clerk of the
Board of County Commissioners "
of Monroe County, Florida
Published:1/13 & V20/83
N O T A IU L 5 OF
The Reporter
Tavernier, FL 33070
< W comet 510li W IRB I IN I
MY COMMISSION EXPIRES:
1NE Sr4"
'COD IY81PJ
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
March 21, 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 March 18
and certified copy/ies of Monroe
County Ordinance/s No./s .«gg
2.
Receipt of
relative to:
(a)
which we have numbered
(b)
County Ordinance/s
0
which we have numbered
3. We have filed this/these Ordinance/s in this office
on March 21, 1983.
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially)),
Mrs. Nancy Kav=�gh
Chief, Bureau of Laws
FLORIDA-State of the Arts