Ordinance 001-2005
ORDINANCE NO. 001-2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE CHAPTER 8 BY CREATING ARTICLE II
DISPOSAL OF GARBAGE, TRASH, AND REFUSE, SECTION
8-16, DEFINITIONS, SECTION 8-17, PREMISES TO BE
CLEANED AND MOWED, AND SECTION 8-18, ILLEGAL
WASTE DISPOSAL ON PUBLIC AND PRIVATE LANDS AND
WATERWAYS; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCORPORATION
IN THE MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 14, 2004, the Board of county Commissioners adopted Ordinance
22-2004 that inadvertently entirely deleted section 8-16 through 8-42, Monroe County Code;
and,
WHEREAS, these deleted sections contained specific definitions and language
governing the proper disposal of garbage, trash, refuse and debris and maintenance of lands
within unincorporated Monroe County; and,
WHEREAS, the deleted provisions have made it difficult for the County to pursue code
enforcement action on illegal dumping activities on public and private lands and waterways and
the improper maintenance of vacant or occupied lands; and
WHEREAS, the Growth Management Division staff has prepared amendments to
Chapter 8, Monroe County Code, that create Sections 8-16 through and 8-18 to replace the
relevant language deleted by Ordinance 22-2004;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
Section 1. A new Article II, Chapter 8, Monroe County Code is created that reads as follows:
ARTICLE II. DISPOSAL OF GARBAGE, TRASH AND REFUSE
Section 2. A new Section 8-16, Monroe County Code, is hereby created that reads as follows:
Section 8-16. Definitions.
For the purpose of this article, the following terms, words and their
derivations shall have the following meanings:
Bulky Waste shall mean items whose large size or weight precludes or
complicates their handling by normal collection processing or disposal methods.
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Page 1 of5
Commercial shall mean all non-residential and industrial establishments and
properties but not limited to and without regard to whether they are profit or
nonprofit organizations or retail and or wholesale establishments, motels, hotels,
stores, schools, churches, hospitals, office buildings, restaurants service stations,
garages, laundries, cleaning establishments, public or private institutions of all
types, and all other businesses required to obtain an occupational license.
County shall mean the unincorporated areas of this county.
Garbage shall mean all kitchen and table food waste, animal or vegetative
waste that is attendant with or results from the storage, preparation, cooking or
handling of food materials.
High grass and weeds shall mean weeds and/or grass in excess of eight (8)
inches in height.
Improved property shall mean all residential, commercial, or industrial
property that generates or is capable of generating solid waste.
Litter shall mean all garbage, rubbish, garden trash and all waste materials
including but not limited to, bottles, glass, cans, scrap metal, junk, paper,
disposable packages or containers and all other similar materials, and any
substance of any kind or nature whatsoever that causes a public health, safety or
fire hazard or public nuisance.
Mowed shall mean the cutting down of high grass and/or weeds.
Mulching materials shall mean protective coverings, usually of organic
matter such as leaves, straw, or peat, brought to a property and used to prevent the
evaporation of moisture, erosion, and/or the growth of weeds.
Owner shall mean the person owning an interest in vacant or improved
property .
Person shall mean any individual, firm, co-partnership, corporation,
company, association, executor, administrator, trustee, church, religious sect,
religious denomination, society, organization or league, or any other legal entity,
whether singular or plural, masculine or feminine, as the context may require.
Public way shall mean any and all streets, roads, alleys, piers, bulkheads,
boardwalks, lanes, waters or other public ways and any and all public parks,
squares, beaches, parks and any and all recreational facilities operated by the
state, county, federal government or special governmental districts.
Refuse shall mean all solid wastes, including but not limited to garbage,
rubbish, ashes, dead animals, bulky waste, special wastes, sludge and trash.
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Page 2 of 5
Residential property shall mean any improved property or vacant property
within a land use district zoned for residential uses.
Residential waste shall mean a mixture of garbage and trash resulting from
normal housekeeping activities at a residential unit.
Sludge shall mean any solid or semisolid liquid generated from any
excavation activity, waste water treatment plant, air pollution control facility,
septic tank, grease trap, portable toilets and related operations, or any such waste
having similar characteristics or effects.
Solid waste shall mean garbage, rubbish, refuse, trash or other discharged
solid or semisolid materials resulting from domestic, commercial, industrial,
agricultural and governmental operations but does not include solids or dissolved
materials in domestic sewage effluent or other significant pollutants in water
resources such as silt, dissolved or suspended solids in industrial waste water
effluents, dissolved materials in irrigation return flows or other common water
pollutants.
Special wastes shall mean those wastes that require extraordinary
management. They include but are not limited to abandoned vehicles, abandoned
vessels, white goods, tires, waste oil, sludge's, dead animals, agricultural and
industrial waste, septic tank sepsis, animal waste and infectious and hazardous
wastes.
Trash shall mean any combinations of yard trash and construction and
demolition debris along with other debris such as paper, cardboard, cloth, glass,
white goods, vehicle tires and other like matter.
White-goods shall mean ice boxes, refrigerators, deep freeze lockers, clothes
washers, clothes dryers or airtight units.
Yard trash shall mean vegetative matter resulting from landscaping
maintenance or land clearing operations and includes but not limited to materials
such as tree and shrub trimmings, grass clippings, mulch, palm fronds, tree
stumps, tree limbs, etc.
Section 3. A new section 8-17, Monroe County Code, is hereby created that reads as follows:
Section 8-17. Premises to be cleaned and mowed.
(a) For the purposes of promoting the health, safety and general welfare of
the residents of the county, all lands inside and outside of subdivisions, including
vacant lands, and improved property within the unincorporated area of the county,
shall be kept cleared of debris, garbage, litter, yard trash, refuse, special solid
waste, solid waste, trash, industrial waste and/or which tend to be a breeding place
or haven for snakes, rodents, insects, and vermin of all kinds and character, and/or
which tend to create a fire hazard, endanger the lives and property of the residents
c:\ TEMP\weeds2.doc
Page 3 of5
of the county, create a traffic hazard, create a nuisance or unsanitary condition
and/or which render the soil or air impure, unwholesome, or unhealthful.
(b) For the purposes of health, safety, and general welfare of the residents
of the county, all commercial and residential lots, vacant or occupied, shall be
kept mowed except that for subdivisions located within public acquisition areas,
publicly owned vacant lots acquired for conservation and resource protection
purposes and private vacant lots subject to a county approved management plan.
(c) For the purposes of health, safety, and general welfare of the residents
of the county, all mulching materials shall be kept or spread at a depth not to
exceed eight (8) inches.
Section 4. A new Section 8-18, Monroe County Code, is created that reads as follows:
Section 8-18. Illegal waste disposal on public and private lands and
waterways.
(a) No person shall place, cast, sweep, or deposit anywhere within the
county any refuse in such a manner that the same may be carried, spread, or
deposited by the elements upon any street, alley, parkway, or other public place
or into any occupied or unoccupied property or waterway.
(b) No person shall throw, place or deposit or cause to be thrown, placed or
deposited, any solid waste, special waste, sludge, trash, junk, abandoned vehicle,
abandoned vessel, garbage or filth of any kind into or on any of the public streets,
roads, highways, bridges, alleys, lanes, thoroughfares, waters, canals or vacant
lots, or upon the premises of any other person within the limits of the county.
(c) No person shall discard, abandon, or permit any white-goods to be kept
or placed on private property or placed curbside for collection without first
removing or securing the doors on such units.
Section 5. 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 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
Section 7. This ordinance does not affect prosecutions for ordinance violations committed prior
to the effective date of this ordinance; does not waive any fee or penalty due or unpaid on the
effective date of this ordinance; and does not affect the validity of any bond or cash deposit
posted, filed, or deposited pursuant to the requirements of any ordinance.
Section 8. This ordinance shall take effect immediately upon receipt of the official notice from
the Office of the Secretary of State of the State of Florida that this ordinance has been filed with
said Office.
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Page 4 of 5
Section 9. The provision 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 10. The Clerk of the Court is hereby directed to forward a copy of this Ordinance to the
Municipal Code Corporation for incorporation into the Monroe County Code of Ordinances.
PASSED AND ADOPTED BY THE Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the16thof Feb. , AD, 2005.
Mayor Dixie Spehar Yes
Mayor Pro Tern Charles "Sonny" McCoy y ~f';
Commissioner George Neugent Yes
Commissioner David Rice Yes
Commissioner Murray E. Nelson Yes
BOARD OF COUNTY COMMISSIONER OF
MONROE COUNTY, FLORIDA
By:
,i)jd >n ~tUJ
Mayor/Chairperson
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
B~
" epu Clerk
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Page 5 of5
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
March 4, 2005
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 70041160 00071974 7572
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 001-2005 amending Monroe County Code Chapter 8 by creating Article II
Disposal of Garbage, Trash, and Refuse, Section 8-16, Definitions, Section 8-17, Premises to be
cleaned and mowed, and Section 8-18, Illegal waste disposal on public and private lands and
waterways; Providing for the repeal of all Ordinances inconsistent herewith; Providing for
severability; Providing for incorporation into the Monroe County Code of Ordinances; and
Providing for an effective date.
Ordinance No. 002-2005 amending the Year 2010 Comprehensive Plan and Future Land
Use Maps, and adopting the Livable CommuniKeys Master Plan for Tavernier Creek to Mile
Marker 97; Providing for the repeal of all Ordinances inconsistent herewith; and directing the
Director of Planning and Environmental Resources to forward a certified copy of this Ordinance
to the Florida Department of Community Affairs; and Providing an effective date.
Ordinance No, 003-2005 approving the changes to the Land Use District Map for
Tavernier Creek to Mile Marker 97 as detailed in the Livable CommuniKeys Master Plan for
Tavernier Creek to Mile Marker 97 dated ~ebruary 2005; Providing for the repeal of all
Ordinances inconsistent herewith; and directing the Director of Planning and Environmental
Resources to forward a certified copy of this Ordinance to the Florida Department of Community
Affairs; and Providing an effective date,
Ordinance Nos. 001, 002 & 003-2005
Page 2
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on February 16, 2005. Please file for record. Should
you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by ~....Jt~
amela G:1Iancock, D. C.
cc: Municipal Code Corporation-Ordinance 001-2005 under separate cover
County Administrator wlo documents
Growth Management
County Attorney
BOCC
File /
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ< (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
March 4, 2005
Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
Via Certified Mail 70041160000719747565
Dear Ms. Jefferson,
Enclosed please find a certified copy of Ordinance No. 001-2005 amending Monroe
County Code Chapter 8 by creating Article II Disposal of Garbage, Trash, and Refuse, Section
8-16, Definitions, Section 8-17, Premises to be cleaned and mowed, and Section 8-18, Illegal
waste disposal on public and private lands and waterways; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for severability; Providing for incorporation into the
Monroe County Code of Ordinances; and Providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on February 16, 2005. Please file for record. Should you have
any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
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by: ( ., L.-~"'\..L4:: ......'lA.-rV "V
amela ,Hancock, D, C.
cc:
File /
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Cooke Communications, LLC
Florida Keys
Mary Beth Canitano
Advertising Coordinator
PO Box 1800
Key West FI 33041
Office... .......305-292-7n7
Extension... ... ... .,..... .x219
Fax", ,.,.., ...,305-294-0768
mcanitano@keysnews,com
INTERNET PUBLISHING
keywest.com
keysn_s.com
f1oridakeys,com
key-west.com
Web Design Services
NEWSPAPERS
The C~izen
Southernmost Flyer
Solares Hill
Big Pine Free Press
Ma-athon Free Press
Islamorada Free Press
Key Largo Free Press
Ocean Reef Press
Seaport log
MAGAZINE
The Menu
Home Guide
C~izen local's Guide
Paradise
Keys TV Chamel Guide
MARKETING SERVICES
Commercial Printing
C~izen locals Card
Direct Mail
FLORIDA KEYS OFFICES
Printing I Main Facility
3420 Northside Drive
Key West, Fl
33040-1 BOO
Tel 305-292-7777
Fax 305-294-<l768
citizen@keywest.com
Internet Division
1201 'M'l~e Street (Suite 103)
Key West, FL
33040-3328
Tel 305-292-1880
Fax 305-294-1699
sales@keywest.com
Middle Keys Office
6363 Overseas Hwy
Marathon, FL (MM 52,5)
33050-3342
Tel 305-74H1766
Fax 305-743-9977
navigator@floridakeys,com
Upper Keys Office
81549 Old Hwy
PO Box 469
Islamorada, Fl (MM81.5)
33036-0469
Tel 3O~-2266
Fax 3O~.a411
freepress@floridakeys.com
Ocean Reef Office
3A Barracuda Lane
Key largo, Fl 33037
Tel 305-367-4911
Fax 305-367-2191
0,. i, n C/...n Ce.
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who
on oath says that he is Vice-President of Advertising Operations of the Key
West Citizen, a daily newspaper published in Key West, in Monroe County,
Florida; th the attached cop f advertiseme t, being a legal notice in the
matter of
In the
issues of
Affiant e Key West Citizen is a newspaper published in Key
West, in said Monr County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
and has been entered as second-class mail matter at the post office in Key West,
in said Monroe County, Florida, for a period of 1 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 securing this advertisement for
publication in the said newspaper. $~ ~
Signature of Affiant
Sworn and subscribed before me this -1- day of
, 2005
Expires: January 15,2007
Notary Seal
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ON TO CON-
SIDE:R ~
ADOPTIO" OF COUNTY ORDI-
NANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, February 16, 2005 at
3:00 PM at the Key Largo Library,
101485 Overseas Highway, Key Lar-
go, Florida, the Board of County
Commissioners of Monroe County,
Florida, intefld, to con~r ;the
adoption of the foIowIng COunty or-
dinance: '
AN ORDINANCE OF THE MONROE
COUNTY BOARD OF COMMIS-
SIONERS AMENDING CHAPTER 8
OF THE MONROE COUNTY CODE
BY CREATING ARTICLE II ENTI-
TLED "DISPOSAL OF GARBAGE,
TRASH, AND REFUSE" SECTION
8-16, DEFINITIONS, SECTION 8-17,
PREMISES TO BE CLEANED AND
MOWED, AND SECTION 8-18 ILLE-
GAL WASTE DISPOSAL ON PUB-
LIC AND PRIVATE LANDS AND
WATERWAYS.
..
0',
Pursuant to Section 286.0105, Flori-
da Statutes, notice Is given that if a
person decided to appeal any deci~
sion 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.
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Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
Dated at Marathon, Florida, this
20TH day of JANUARY 2005.
DANNY L. KOLHAGE,
Clerk of the Circuit Court and ex offi-
cio Clerk of the Board of County
Commissioners of Monroe County,
Florida
January 23 & 29, 2005
7004 1160 0007 1974 7572
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1111 Po II~!II
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Ms. Evelyn Jefferson
Municipal Code Corporation
PO Box 2235
Tallahassee FL 32316-2235
~,~ OCI_ 7-0"''5;;
':!. Article Number
(Transfer from service label)
Form 3811, February 2004
~~'rn'~.<i"",~~~"";'
COMPLETE THIS SECTION ON DELIVERY
D. Is delivery address different from item 1
If YES, enter delivery address below:
3. _~~JYice Type
.u.Certified Mail
o Registered
o Insured Mail
o Express Mail
o Return Receipt for MerchandisE
o C.O.D.
4. Restricted D~livery? (Extra Fee)
DYes
7004 1160 0007 1974 7565
102595-02-M-1541
Domestic Return Receipt
. Complete items 1, 2, and 3. Also complete
. item 4 if Restricted Delivery is desired.
,. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
MrS. Liz Cloud, Chief
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
2. Article Number
(Transfer frOm service label}
B. Received by (Printed Name)
C. Date of Delivl
D. Is delivery address different from item 1? 0 Yes
'f'6t:1!iAttefl oNo
3. ~~ice Type
pertified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchar
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7004 1160 0007 1974 7572
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Domestic Return Receipt
102595-0H
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
March 10, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated March 4, 2005 and certified copies of Monroe County Ordinance
Nos. 001-2005, 002-2005 and 003-2005, which were filed in this office on March 9,2005.
Sincerely,
~~
Liz Cloud
Program Administrator
LC/kcs
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DST ATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.fl.us
DLEGISLA TIVE LIBRARY SERVICE 0 RECORDS MANAGEMENT SERVICES DFLORlDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
Email Confirmation
Page 1 of 2
LMunl~.com
Municipal Code Corporation
P.O. Box 2235
1700 Capital Circle SW. (32310)
Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
jJlfQ_@mYl)L~Qd"LJ;Qm
Monroe County, FL Code of Ordinances -1979(11270)
Supplement 88
Recorded: 3/30/20052:54:22 PM
We have received the following material through Hard Copy.
Document
Ordinance No. 038-2004
Ordinance No. 001-2005
Adoption Description
12/15/2004 Creating various taxing units.
2/16/2005 Amending Ch. 8 by creating Art. II, Disposal of garbage.
trash and refuse.
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