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Ordinance 046-2000 Board of County Commissioners ORDINANCE 046 -2000 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING ESTABLISHMENT OF A FUND FOR ENFORCEMENT OF ORDINANCE NO. 004-1997, VACATION RENTAL, BY AUTHORIZING THE USE OF PUBLIC FUNDS TO MAKE VACATION RENTAL RESERVATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners adopted Ordinance No. 004-1997 with an enforcement date of January 4, 1999; and WHEREAS, Section 22 of Ordinance No. 004-1997 provides for acquiring evidence for prosecution of violations of the ordinance; and WHEREAS, Section 22 provides for disposition of cases before the Monroe County Code Enforcement Special Master or before a court of competent jurisdiction; WHEREAS, the penalties are more severe for documentation of actual rental as opposed to merely offering for rental a house in a residential neighborhood and that serves to deter the short term vacation rental of houses in quiet residential neighborhoods; and WHEREAS, the Board of County Commissioners has determined that the use of public funds to pay for short term vacation rental deposits, even if such deposits are not subsequently recovered, is a valid law enforcement public purpose; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. An account is hereby established within the budget of Monroe County General Purpose Municipal Service Taxing Unit in the a~ul!J: ~ Five Thousand Dollars ($5,000) for the purpose of making reservation~opvaXhtiPf. rentals that will provide competent evidence for prosecution Of::il~ViGl8ti~ before the Monroe County Special Master or a court of competent ~~icW,n"'TJ c::::!:? - 0 Section 2. If any section, subsection, sentence, clause ~~~V~O~f this Ordinance is held invalid, the remainder of this Ordinanc~;stj)1I.cD9t e affected by such invalidity. i; ~'Qj, ~ . co 0 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 All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict.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 the Board held on the 20th day of September, 2000. Mayor Shirley Freeman Mayor Pro Tem George Neugent Oll Commissioner Wilhelmina Harvey ~ N~ ommissioner Mary Kay Reich missioner Nora Williams yes yes no no ypq. : i Y L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By c:S~~fL"va-v M or/Chairperson jdordvacation$$ 863 � 3 ITIZfN 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 In the Court, was published in said newspaper in the issues of �efejvh_ttc..v 1 cit-- gl 2a06 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 news aper. /.0 Signature of Affiant ® ,,1A S. rn= dtstbscribed before me this /9 day of , 2000 C- = JV1— fZ • r : ›—� Si ature of Notary Public Jd < `\�0111111116616/fi o �7 z \\\�� goy Thom�S //4 ��\SSIO4/F Expires: July 23, 2004 N��lS3e �°N Personally Known ) Produced Identification =*i .., o* Type of Identification Produced o•: #CC956515 �oQ q' .�Sonded�N ,'Q�t ij 9` YFa inskrt.T- ., /42;Ililly�ON,\ r- tiO`i ICE t i-F}NTENTION TO CONSIDEf3 ADOPTION O_F k._ "' .COUNTY ORDINANCE NOTICE. IS HEREBY' GIVEN TO 'WHOM IT MAY CONCERN that on Wednesday, September 20,2000 at 3:00 PM, at the Marathon Govern- ment Center, 2798 Overseas High- way, Marathon, Monroe .County, Florida, the Board,of County Com- missioners of Monroe County, Flori- da; intends to consider the adoption of the following County ordinance:' -- — w — - AN ORDINANCE OF THE BOARD -— - — OF COUNTY COMMISSIONERS • OF MONROE COUNTY,FLORIDA, AUTHORIZING ESTABLISHMENT OF A FUND FOR ENFORCEMENT- OF ORDINANCE NO.004-1997;.. VACATION RENTAL;BY AUTHOR-' IZING THE USE OF PUBLIC ' FUNDS TO MAKE VACATION 'RENTAL RESERVATIONS;PRO VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL'OF ALL • ORDINANCES INCONSISTENT - ,HEREWITH;PROVIDING FOR IN-' CORPORATION INTO THE MON ROE COUNTY CODE;AND PRO-•" VIDING 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 bythe Board with respect I 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 re- cord includes; the evidence upon , which the appealcis to be based. _--. -------—____—_—--- Copies of the above referenced or — — ,dinance are available for review'at the various•public libraries in Mon- ' roe County,tFlorida. ' • ' Dated at Key West, Florid_a,' this ;'23rd day'of•August,2000: DANNY L.KOLHAGE,Clerk of the - -Circuit Court-and ex-officia Clerk.of_ the Board of County Commissioners of Monroe County,Florida. September 1st&8th,2000 _ E'r1 FLORIPA Kt T3 mINI KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY MONROE no.2351600 OF MONROE I'. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE _ NOTICE IS HEREBY GIVEN TO Before the undersigned authority person- WHOM IT MAY CONCERN that on Wednesday,September 20, ally appeared WAYNE MARKHAM who on 2000,at 3:00 PM at the Mara- thon Government Center,279E oath, says that he is PUBLISHER of the Overseas Highway, Marathon, FLORIDA KEYS KEYNOTER, a twice Monroe County, Florida, the ^ Board of County Commission- ers of Monroe County, Florida, weekly newspaper published in Marathon, i intends to consider the adop- tion of the following County or- in Monroe County, Florida: that the ' dinance: - • attached copyof advertisement was AN ORDINANCE OF THE -BOARD OF COUNTY COMMIS- ublished in said news a er in the issues STONERS OF MONROE COUN- TY, FLORIDA, AUTHORIZING of: (date(s) of publication) ESTABLISHMENT OF A FUND FOR ENFORCEMENT OF ORDI- NANCE NO.004-1997,VACA- TION'RENTAL,BY AUTHORIZ- ING THE -USE •OF'PUBLIC FUNDS TO MAKE VACATION RENTAL RESERVATIONS; 1 l4 ;Z n PROVIDING FOR SEVERABILI- TY;/J,(//g'� `/�J PROVIDING FOR REPEAL e / "'OF ALL ORDINANCES N- SISTENT HEREWITH;PROVID- ING- FOR_ INCORPORATION INTO'THE MONROE COUNTY Affiant further says that the said FLORIDA EFFECTIVE AND PROVIDING AN TE KEYS KEYNOTER is a newspaper published Pursuant to Section 286.0105, at Marathon, in said Monroe County, Florida Statutes,notice is given that if a person decided to ap- Florida, and that the said newspaper has peal any decision made by the Board with respect to any mat- f-i O _r! ter considered at such hearings heretofore been continuously published in or meetings,he will need a.re- Q p — said Monroe County, Florida, twice each cord of suchtue proceedings, aayi �� i"'+ that,for purpose,er may O need to ensure that a verbatim C7 week (on Wednesday and Saturday) and record of the proceedings is PI --1 Cl made, which record includes has been entered as a second class mail the testimony and evidence CD• i— — t1 upon which the appeal is to be p n• 1/40. Cr) matter at the post office in Marathon, in based. C�."; X7 •-Monroe County Florida for a. period of Copies of the above-referenced c7 • ordinance are available for re- �nl— = oneyear next precedingthe first vsin'Mohevariouspublr- • oC_ ,x 171 librar- ies in'Monroe County,Florida.onda g)• r O.• n publication of the attached copy of Dated at Key West,Florida,this r- Cn .: Q 23rd day of August,2000. - !'o r"ti `4. ` advertisement. The affiant further says cn DANNYL.KOLHAGEczi that he has neither paid nor promised any •• .Continued on the - person, firm, or corporation .any discount, NeXt Column rebate, commission or refund for the officio Clerk of the Board of purpose of securing this advertisement for County Commissioners ofl I Monroe County,Florida' publication in the said newspaper(s) and Publish September 2,9,2000. that The Florida Keys Keynoter is in full Florida Keys Keynoter compliance with Chapter 50 of the Florida _______ • State Statutes on Legal and Official Advertisements. • r Sworn o and ub !bed before me this1/l Day f , 2000 (SEAL) OF ,0 BEVERLY TRAEGER al 4a C1W n MyCommC .�1113J2003 .± FIRM • No. (3. 7G3942 Notary � . ._;a .... c tti.1 II 2I.A. 1Bannp 1.. }l{olbagt BRANCH OFFICE 3117 OVERSEAS InGHWAY MARAlHON, FLORIDA 330.50 TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF 1HE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 October 11, 2000 BRANCH OFFICE 88820 OVERsEAS InGHWAY 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: No. 045-2000 establishing a Municipal Service Taxing Unit for local road patrol law enforcement services in the unincorporated area of Monroe County, Florida (the District); defining local road patrol law enforcement services; providing that the municipalities of Key Colony Beach, Layton, Islamorada, Marathon, Key West, and any municipalities incorporated later may elect to join the District; providing that the District Governing Board is the Board of County Commissioners unless the municipalities elect to join in which case municipal representation on the Governing Board is authorized; providing for District duties and powers including the power to levy ad valorem taxes within the limits established by law on all real and personal property within the District, including participating municipalities, for law enforcement purposes; 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. No. 046-2000 authorizing establishment of a fund foremorcement of Ordinance No. 004-1997, vacation rental, by authorizing the use of public funds to make vacation rental reservations; 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. Noo 047-2000 approving the request filed by the Planning Department to amend the Monroe County Land Development Regulations, Sec. 9.5-4, definitions, Sec. 9.5-249 Industrial District and Sec. 9.5-252 Airport District. These changes concern permitted uses to permit wastewater treatment facilities in the Industrial and Airport Land Use Districts and to amend Sec. 9.5-249, Industrial Land Use District, to permit parking lots for uses located in adjacent land use districts; 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 September 20, 2000. Please file for record. No. 048-2000 declaring that an emergency exists and waiving notice by a four-fifths vote; an Ordinance renaming the Information Systems to the Technical Services Department and placing the Technical Services Department within 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. This Ordinance waS'adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on September 21,2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners by: pameJaG~ a;~erk Cc: Board of County Commissioners County Administrator 048-2000 Property Appraiser 045-2000 OMB 045 & 046-2000 Finance 045, 046 & 048-2000 County Attorney Growth Management 046 & 47-2000 Tax Collector 045-2000 Airports 047..2000 File - 1Bannp 1. lSolbage BRANCH OFFICE 3117 OVERSEAS ffiGHW A Y MARATIiON, FLORIDA 33OSO TEL (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WfllTEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAs lflGHWAY PLANTA nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 October 11, 2000 Evelyn Jefferson Municipal Code Corporation PO Box 2235 Tallahassee FL 323I6~2235 Dear Ms. Jefferson, Enclosed please find a certified copies of the following Ordinances: No. 045-2000 establishing a Municipal Service Taxing Unit for local road patrol law enforcement services in the unincorporated area of Monroe County, Florida (the District); defining local road patrol law enforcement services; providing that the municipalities of Key Colony Beach, Layton, Islamorada, Marathon, Key West, and any municipalities incorporated later may elect to join the District; providing that the District Governing Board is the Board of County Commissioners unless the municipalities elect to join in which case municipal representation on the Governing Board is authorized; providing for District duties and powers including the power to levy ad valorem taxes within the limits established by law on all real and personal property within the District, including participating municipalities, for law enforcement purposes; 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. No. 046-2000 authorizing establishment of a fund for enforcement of Ordinance No. 004-1997, vacation rental, by authorizing the use of public funds to make vacation rental reservations; 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. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on September 20,2000. Please file for record. No. 048-2000 declaring that an emergency exists and waiving notice by a four-fifths vote' , an Ordinance renaming the Infonnation Systems to the Technical Services Department and placing the Technical Services Department within 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in fonnalsession on September 21,2000. Please file for record. Danny L. Kolhage Clerk to Circuit Court and ex officio Clerk to the Board of County Commissioners cc: File + SENDER: _Complete Items 1 andlor 2 lor additional services. _Complete Items 3, 4a. and 4b. . Print your name and address on the reverse 01 this form so that we can retum this card to you. _ Attach this lorm 10 the front 01 the mailpiece. or on the back if space does not .=Retum Receipt Requested" on the mailpiece below the article number. .1he Retum Receipt will show to whom the article was delivered and the date delivered. Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316-2235 C'- II 'D .. II I!! II ~ ... II -= C o 'D ~ 'ii. E o o 3. Article Addressed to: . ... i~ 1>- I.!! I ;:T c:O I'- I'- 013, 2,o':>~ "l W ~~I' UI.,'{ '~' , 20~. ~.fpo~) . (\DS~ . f p, t .'<8nd Laws Tn a.Elllott- au i1dlng- _._u __ ___ u.m.u_ u __u_m.u - u ~ 'si;eet;ii.P~~.1o~ff(~OMonroe Street t:I 'CiiY.-SiRl1f.Wass'ee';'FL---3239~F02-5(,--u_u--m--u_m_-u-u- I'- cO r-'1 r-'1 tr" Postage $ Certified Fee an t:I t:I t:I Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) t:I t:I ;:T I'T1 I also wish to receive the following services (for an extra fee): Gi 1. 0 Addressee's Address ~ 2. 0 Restricted Delivery ~ Consult postmast flee. 4a. Article Number .<'.,: '. 0" ZL.o .,. .~YJ:~'I' 7- ;9\.>t "jJ-1 4b. Service Type o Registered o Express Mail o Return R 7. Date Qf,D ~ 01'8- t.a.o ... o - :s o >-! ~- cs~ .,. .c ... _.----/'-"---.--~,'-.~~~_...,.,.-~.~".~....--"" -. I'T1 an I'- I'- c:O Postage $ r-'1 r-'1 Certrtied Fee a- an Return Receipt Fee t:I (Endorsement Required) t:I Restricted Delivery Fee t:I (Endorsement Required) t:I Total postage & Fees $ t:I ;:T I'T1 a- 'si;eet;ii.PCi.,rer~'~'-c-Oae--c-Orpo-ralio-num--m_um-uu_- ~ _CiiY._Stiiii.'~P+4___.__._P.-.Q-.-_B{}x-2-235-u-_m_-_--_uu--u_---u--u,-,. I'- Tallahassee, FL 32316-2235 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Infonnation Services Division of Licensing MEMBER OF THE FLORIDA CABINET HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach Connty Preservation Board Historic Pensacola Preservation Board Historic SI. Augustine Preservation Board Historic Tallahassee Preservation Board Historic TampalHillsborough Connty Preservation Board FLORIDA DEPARfMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS RINGLING MUSEUM OF ART October 16, 2000 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West, Florida 33040 ,,- a 0 --'=L..=-::q.__ ;z:l> c_ ~~.~ g :;; TTl ='C-< ...... 0 n'. f'i) -rr 0("). 0 0 c:- Z.;O;:':;: :::0 . 0 -0 ::!n. :J: :::0 " w 4::;; fl'1 ..,,'.> N' C') r" ~ h,,, 0 J.. ,." .&:'"'., ::0 CD 0 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 October 11, 2000 and certified copies of Monroe County Ordinance Nos. 045-2000 through 048-2000, which were filed in this office on October 16, 2000. Si~~ Liz Cloud, Chief Bureau of Administrative Code LC/mp 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.fl.us . E-Mail: election@mail.dos.state.fl.us -.-,"'-:-, -..- ~.'--" ~'''-'''-'----------'"-'c--,,_"__ __'__~''-- ----.__ _ -------.__~ __.._~_.~",........,.---.."-.._._____ --",______ Municipal Code Corporation info@lail.lunicQoe.col PO Bo~ 2235 hTallahass~e, Fl 32316-2235 Supple~ent 70 10/1B12000 ? I. We have received the follo~ing aaterial through hard copy. Thank you for your assistance and woperation. Ordinance Nos. G45-200Q, 046-2000 and 048-2000. 800-262-2633 fax 850-575-8852 CFH We can print your administrative procedure .anual, let us help you get your ~anuals up-tn-date. Tired of .ailing out Codes and Supplelent? We can distribute the. for you for a linilal fee! e-aail your ords to us at ords@mail.lunicode.col TO: Hr. Danny L. Kolhage Clerk Of The Circuit Court "onroe County 500 Whitehead Street Key West, FL 33040 - -'--.. ',- - -~----'-------'-~--'---,-- ~.'t. J,rIMU'.U111.lutUtu,f1.J l.hh,ll,MUI~~1J!tJi -'-.- -- - ---'-'- -- - -:--.;----'-,---.;",