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Ordinance 041-2000 County Attorney ORDINANCE NO 041 -2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SEC. 2-1.1(a), MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE HEARING OFFICER MAY HAVE SERVED AS COUNSEL TO THE PLANNING COMMISSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES: AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2-1.1(a), Monroe County Code is hereb~a~er&d:2ls f II :::0 - :2: :tao r- o ows: o~;;;e S !2J f'T1::::r.;: -< ..., "-oJ ('"'). r-' N ""rJ 0('"'). \D c> c::-- z::O -', ::0 -i' C.i ." ..... ~('"')r ::J: ,..", (a) There is hereby created within the office of the,./ClQu~. ~ Administrator a hearing officer division. Individuals employ~p tlV t~. ~ division shall be part-time employees as that term is defin~ 0 elsewhere in this Code and entitled to all benefits accruing to such employees. Individuals so employed shall be considered employees of the County Administrator and shall in no fashion be considered employees of the County Attorney's office. Individuals to be employed as hearing officers shall be hired by the County Administrator and shall be formerly seated Monroe County Circuit judges or shall be persons who serve or have served as Monroe County Code Enforcement Special Masters or as counsel to the Monroe County Land Authority or to the Planning Commission. Sec. 2-1.1 Hearing officer division. Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. 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 appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. 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 August , 2000. Mayor Shirley Freeman yes Commissioner Wilhelmina Harvey yes Commissioner George Neugent yes ommissioner Mary Kay Reich yes 4.7% ^, ssioner Nora Williams yes "„ ! 0 k,;_ A ►A 1,t. . BOARD OF COUNTY COMMISSIONERS }`', ' L.KOLHAGE, Clerk OF MONROE COUNTY FLORIDA jikijay;FAX.9...4444:244, r:y .,..�... . By -puty Clerk Mayor/Chairperson APPROVED AS TO FORM A1ND GA C y jdordhearoff B OBERT N, Ir DATE :�d7 D`1�- 2- a o ®FLoRipA RErs 7 KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA ---- --COUNTY-OF MONROE--- Before the undersigned authority person- ally appeared WAYNE MARKHAM who on ' oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, • in Monroe County, Florida: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) da714rCI "vv ffiant urther says that the said FLORIDA KEYS KEYNOTER is a newspaper published dinance: ordinance are available for.re at Marathon, in said Monroe County, AN ORDINANCE_ OF THE_viewatthevariouspubliclibrar- ies in Monroe County,Florida. - BOARD OF COUNTY COM- Florida, and that the said newspaper has MISSIONERS OF MONROE Dated at Key West,Florida,this COUNTY, FLORIDA, AMEND- 27th day of July,2000 heretofore been continuously published in ING SEC. 2-1.1(a), MONROE COUNTY-CODE,IN ORDER TO DANNYL.KOLHAGE said Monroe County, Florida, twice each PROVIDE THAT THE HEARING Clerk of the Circuit Courtand ex OFFICER MAY HAVE SERVED officio Clerk of the Board of week (on Wednesday and Saturday) and AS COUNSEL TO THE PLAN- County Commissioners of NING COMMISSION; PROVID- Monroe County,Florida has been entered as a second class mail ING FOR SEVERABILITY;PRO- . VIDING FOR THE REPEAL OF Publish July 29;August 5, matter at the post office in Marathon, in TENTH HEREWITH; ES INCONSIS- 2000. TENT HREWIT PROVIDING Florida Keys Keynoter Monroe County, Florida, fora period of FOR- INCORPORATION INTO y THE MONROE COUNTY CODE PRO- one year next preceding the first VIDING AN EFFECTIVE DATE publication of the attached copy of no.4224700 . Pursuant to Section 286.0105, Florida Statutes,notice is given advertisement. The affiant further says NOTICE OF INTENTION TO',,..-chat if a person decided to ap- CONSIDER ADOPTION OF peal any decision made by the that he has neither paid nor promised any COUNTY ORDINANCE Board with respect to any m. • — ,, NOTICE IS HEREBY GIVEN f0 ter considered at such hearin•�; person, firm, or corporation any discount, WHOM IT MAY CONCERN that or meetings,he will need a C.) — cord of the proceedings, a•- �,•, on Wednesday, August 16, that,for such purpose,he m- 'c—j.:`r f"T? rebate, commission or refund for the 2000, at 3:00 PM at the Key need to ensure that a verbat w r—.f d of securingthis advertisement for Largo Library, - Tradewinds record of the proceedings ., purpose Shopping Center, Key Largo, made, which record includes publication in the said newspaper(s) and Monroe County, Florida, the the testimony and-eviden : I"" Board of County Commission- upon which the appeal is to .Ta C7• C.11 CD — — ors of Monroe County, Florida, based.that The The Florida Keys Keynoter is In full-_ intends to consider the adop- J tinn of the following County nr- . _ . ._ ... -_- - -. -.I• C- compliance-with-Chapter 50-of-the Florrd"a continued on the - Continued on the ,,c)T --_ - -- - ---- State Statutes on Legal and Official Next Column Next column'- _ o es Advertisements. rrl • Swor to an subs i ed before me this D of '' (� , 2000 (SEAL) (f/ F 40 BEVERLY TRAEGER o k'y Co tm Exp.9/13/2CO3 Notary Mo.CC 070942 �✓ l(sa I`smwn I i oft,I.D. I(6L93 KE'X VEST , j' 4-7:-.:., ITIZEN dicwci'itI.Zeoo 3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768 , Published Daily Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of natie¢ eft 4tnW n d 0,61N, Lai-J6 (11 11,6 U Court, was published in said newspaper in the issues of 28 d- Q,c l ra 4 20 o o Affiant further says that the Key West Citizen is a newspaper published in Key West, in - said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida each day (except Saturdays) 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 preceeding 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. .41--- ._ ____ Signature of Affiant Sworn and subscribed before me this 1,10 ` day of ) 200 0 r2 co '1 `"- -0 b J/ CZ) C6(41,4nature of Notagtilgilice o �D idl a 7.gVie .� rl ; -) 4.�aoN�•••' Qepu�s d.-4- , CD Expires: July 23, 2004 ;tarySSa.10# ';' d F. Personally Known X Produced Identification . '� Type of Identification Produced 's .fr Ooa E2���`0�;� * •�••.�'NOISSQZ'�:' �////,//S lwo i i 11,;,\\��. NOTICEOF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE 'IS HEREBY GIVEN TO- WHOM IT MAY CONCERN that on Wednesday August 16,2000 at 3:00 1 PM,at the Key Largo Library,Trade- ' winds Shopping Center, Key Largo, Monroe County, Florida, the Board of County Commissioners of-Monroe County, Florida, intends to consider the adoption of the following County ordinance: • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, AMENDING SEC.2-1.1(a)MON- ROE COUNTY CODE,'IN ORDER TO PROVIDE THAT THE HEARING OFFICER MAY HAVE SERVED AS COUNSEL TO THE PLANNING COMMISSION;PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINAN- •CES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORA- TION INTO THE MONROE COUN- ' TY CODE OF ORDINANCES;AND ; PROVIDING AN•EFFECTIVE DATE ' 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 the hearing,he will need a record of the proceedings, and that, for such pur- pose, he may need to ensure that a verbatim record of the proceedings is made;which record includes the evidence upon which the appeal is to be based. . Copies of the above-referenced or- dinance are available for review at the various public libraries in Mon- - roe County,Florida. - Dated at Key West, Florida, this 27th day of July,2000. DANNY L.KOLHAGE,Clerk of the __Circuit Court.and.ex officio-Clerk of the Board of County Commissioners - of Monroe County,Florida. ,' July 28&August 4,2000 TIIF - r. Your Upper Keys Connection ;NO:2473400 ' PORTER ;NOTICE CONSIDER K PTO CONSIDERADOP- IT1ON OF.COUNTY OR- P.O. Box 1197•Tavernier,Florida 33070-1197 'DINANCE (305)852-3216 Fax: (305)852-8240 'NOTICE IS HEREBY GIVEN'TO WHOM IT. ' PROOF OF PUBLICATION 'MAY CONCERN Aug that On Wednesday,August.16, ' i 2000,at 3:00 PM at the Key Largo Library, - STATE OF FLORIDA o.TradewindsShopping._ ,Center,KeyLargo, COUNTY OF MONROE °roe County,Florida,the the ;Board of County Com- . missioners of Monroe Before the undersigned authority 'County,Florida,intends , personally appeared JACKLYN HARDER ,fononsiderthaarinptinn who on oath, says that she is ASSOCIATE i of the following County k PUBLISHER of THE REPORTER, a weekly 'ordinance: , AN ORDINANCE OF newspaper entitled to publish legal THE BOARDOFCOUN-' MISSIONERS advertising published at Tavernier, OFMONROECOUNTY,:' Monroe County, Florida: that the attached !FLORIDA,AMENDING ,SEC:2-1.1(a);MONROE copy of advertisement, being a LEGAL COUNTY CODE,IN OR-: NOTICE in said newspaper in the issue of: DER TO PROVIDE - THAT THE HEARING OFFICER MAY HAVE ' 'SERVED AS COUNSEL. July 27 &August 3, 2000 TO THE PLANNING•: ' 0 '� COMMISSION;PRO- _,,. 6 VIDING FOR SEVER- a 1 p - dFORT ER REPEAL-OF J. • - I'-"i Affiant further says that THE REPORTER j c�:� PT-+ t=1 is a newspaper published at Tavernier, in :ALL ORDINANCES IN- c)r '�-- -0 !CONSISTENT HERE- N said Monroe County, Florida, and that the 'WITH;PROVIDING FOR2• f- — cp said newspaper has heretofore been IN c--'' published in the said INTO THEMONROE ! �.COUNTY COCORPORATIONDE OF OR---I n ^- ..�. continuously Monroe County, Florida, each week (on .DINANCES;AND PRO- ;E; a= L . 't al Thursday), and has been entered as :VIDING AN EFFECTIVE-f'' > ...1'•DATE r- ' : --<.. second class mail matter at the Post ,Pursuant to Section - 7- C31 Office in Tavernier, in said Countyof :286.0105,Florida 'Statutes,notice is given ,` Monroe, Florida, for a period of one year that ifapersondecidedto- next preceding the first publication of the i appeal any decision made by the Board with attached copy of advertisement; and :respecttoanymatter ' affiant further says that he has neither 'considered at such hear- Mingsor meetings,hewill - ! paid nor promised any firm, person, or I need a record of the pro-' corporation anydiscount, rebate, 'ceedings,and that,for commission or reund for the purpose of .need to ensure h to v need to ensure that a Ver,_, securing this advertisement for `batim record of the pro- publication in the said newspaper and that record l inclumadedes `record includes the testi- The Reporter is in full compliance with ;mony and evidence upon , which the appeal is to be Chapter 50 of the Florida State Statutes on 1 based. - Legal and Official Advertiseme ts. ; Copies of the above-ref- , erenced ordinance are / available for review at the,? / various public libraries in •Monroe County,Florida. Dated at key West,Flori • - {ice. �- // da,this27thdayofJuly, 2000 Swor to =nd :bscribe• '•efore me this �ANiv��::KL�IaOE; 10th say s f Au rest, 2000. ',Clerk of the Circuit Court ' and ex officio Clerk-of the 4,1,,�,'.,Anna M Hines $parr♦nfeDnptv'C2arri- (SEA t.py u►My Commission CC715804 mission-ers of Monroe ; ♦County,Florida. �a a°„o.A`Expires Marc 1,2002 (PUBLISH:7/27&8/3/00 The Reporter Tavernier,FL 33070 Notary 1Dannp 1.. itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD SlREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 August 30, 2000 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Mrs. Liz Cloud, Chief Bureau of Administrative Code & Laws The Elliott Building 401 S Monroe Street Tallahassee FL 32399-0250 Dear Mrs. Cloud, Enclosed please find a certified copies of the following Ordinances: Ordinance No. 040-2000 amending Monroe County Code Sec. 13.5-5(d); in order to amend the park hours of Friendship Park; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 041-2000 amending Sec. 2-1.1(a), Monroe County Code, in order to provide that the hearing officer may have served as counsel to the Planning Commission; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 042-2000 in order to delete the parks in the municipality of Islamorada, Village of Islands from the Monroe County Code; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 043-2000 abolishing the Division of Solid Waste Management and assigning its duties and functions to the Division of Public Works and combining the Departments of Human Resources and Office of Management and Budget into a new Department of Administrative Services in the Division of Management Services; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing an effective date. Ordinance No. 044-2000 approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Sec. 9.5-4, definitions; Sec. 9.5-241, Offshore Island District; Sec. 9.5-242.5 Improved Subdivision-Tourist Housing; and Sec. 9.5-534 Vacation Rental Uses. These changes claritY where and how vacation rentals may be permitted, require a licensed vacation rental manager for each unit, and provide for enhanced enforcement; providing for severability; providing for the repeal of all ordinances inconsistent herewith; providing for incorporation into the Monroe County Code; and directing the Clerk of the Board to forward a certified copy of this Ordinance to the Florida Department of Community Affairs. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on August 16,2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: pwncla~ ~Clm Cc: Board of County Commissioners County Administrator 043-2000 Growth Management 041 & 044-2000 Administrative Services 043-2000 County Attorney Municipal Code 040 to 043-2000 Public Works 040, 042 & 043-2000 File ('0 SENDER: . . . -3 . Complete items 1 and/or 2 for additional S8MceS. .. -Complete items 3, 4a, and 4b. hi II . Print your name and address on the reverse of this form so that we can return t s I! card to you. . . . does ot : ~ . Attac~ this form to the front of the madptece, or on the back if space n ! .e:rt:!Retum Receipt Requested' on the mailpiece below the article number. 1 .The Return Receipt will show to whom the article was delivered and the date -;:; delivered. o '11 ii a. E o u I also wish to receive the following services (for an extra fee): u u 1. 0 Addressee's Address ~ 2. 0 Restricted Delivery ~ 'S. Consult postmaster for fee. "ii u 4a~ Article Number &! 709 .z DO DOOC ,,, E :J 4b. Service Type 71'/6 / ii o Registered ~ Certified ~ o Express Mail 0 Insured ~ o Return Receipt for Merchancise 0 COD ~ o 7. Date of Delivery . D 0 i .lit C 1\ J: ~ 3. Article Addressed to: MuniciR.al;.e'ode C<;>rporation ~:b. Bo~.~35 Tallaha~~e, Jrl;,'~2316-2235 . ',./ ;..~,: ." .. :J o >- .! .J1 l"- ~ l"- U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~ ,..::t ,..::t IT' Certified Fee ~ Postage $ ,~ U1 o o ,0 Return Recelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o Total Postage & F_ o ;:r' b' I'T1 ;r~; l)1_AdmJ.Oj~ln~.\~Y.~oog-Q~-~-~-I}~J,~~~~---oo__.---oo- IT' -Stree( Apt. No.; orftflf!1l1ott Building ~ -aiy,-Stit8.-iiiItG1.-SolrttT-Monroe-Street----nnn-----------n---- l"- ('0 ~-8 l. :1 . > ., III .. l III j~ , c o '''9. 3. Article Addressed to: ; i Mrs. Liz Cloud, Chief ~reau of Administrative Code and Law. S The Elliott Building 401 South Monroe Street Tallahassee, FL 32399-0250 B. Addressee's Addr ss (Only if requested and fee is paid) Domestic Return Receipt II U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) U1 .::r- ea l"- o~3- 2".0- ea ,..::t ,..::t IT' Postage Certified Fee U1 o o o Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o o .::r- I'T1 IT' -si;;;ei:;i.,'i;t:-.+t;lJnW~W:eode-eorpora1ion-----------------------. IT' P.O. BOX 223_500...._______________.:.........____. ~ -C/iY.-Stit8."ma-ilas"see;"i=L -32316-2235 · Complete it8ll1ll 1 lind/or 2 for additlonel eervIcea. · Complete items 3, 4a, and 4b. · Print your name and address on the reverse of this form so that we can return this card to you. · Attach this form to the front of the mailpiece. or on the back if space does not permit. .Write'Return Receipt Requested' on the mallpiece below the article number. .The Return Receipt will show to whom the article was delivered and the date delivered. ~"'~uJ D'I4 - 0'1'1.. Zoo.. 5. Received By: (Print Name) ---.__._~--_._._.._---~- a: .. :J o >- .!! .oo~ 1118 7171tJ i!( Certified o Insured o COD v: Jrn Receipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Cnrporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough County Preservation Board RINGLING MUSEUM OF ART FWRIDA DEPARfMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS September 5, 2000 Honorable Danny 1.. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 Attention: Pam Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 30, 2000 and certified copies of Monroe County Ordinance Nos. 040-2000 through 044-2000, which were filed in this office on September 1,2000. LC/mp s~~~ Liz Cloud, Chief Bureau of Administrative Code 3: 0 ~ :t> ::0(")% Ol"""Z rr'l~-< O' r- oo. c:::x;...... z'o -{or- . :< - .::r:; -r" > r- 0 ,'" l'1"l c c CI) rq -0 n Q) -0 ::J: N. ".:;;t .." - r- f11 o .." o :::0 :::0 FTI ("') o :::0 C --,.., BUREAU OF ADMINISTRATIVE CODE The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427 FAX: (850) 488-7869 . WWW Address: http://www.dos.state.n.us . E-Mail: election@mail.dos.state.fl.us .-...--------- --.-----.--'-- --- ---,,--"-'- --------- ---- --~-_._-- ---~,- ---.-,---- Nunicipal Code Corporation info@mail.gunicode.com PO Bey. 2235 ~allahaSSel!, fl_ 32316-2235 Supplefient 70 10/10/2000 We have received the following ~aterial through hard copy. Thank you for your assistance and cooperation. Ordinance Nos. 040-2000, 041-2000, 042-2000 and 043-200('. 800-2&2-2633 fa~ 850.'575-8B52 LRT We can print your adllinist-rat i lie pr,jeedure unual s I Let Us help you get your Manuals up-to-date. Tired of mailing out Codes and Supple~ent? We can distribute the. for you for a lini.al feel e-aail your ords to us at ords@mail,lunicode.coll TO: 11r. Danny L. Kal ha~2 Clerk Of The Circuit Court "onroe County 500 Whitehead Street Key West, Fl 33040 <:> 2. I,. HI"II .11.. ,,1,.11111,,111 II. M"t, mlll,I"I. 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