Ordinance 010-1991 FILED FOR RECORD
°91 MAY 23 P4 :13 Monroe County Commission
O ' r'r
CLE . Cali?, Cl.
MONROE i.OU I Y. FLU',. ORDINANCE NO. 010 -1991
AN ORDINANCE ADOPTING FOR MONROE COUNTY,
FLORIDA, THE SUPPLEMENTAL CODE ENFORCEMENT
PROCEDURES SET FORTH IN SEC. 162.21, FLA.
STAT. , BY CREATING CHAPTER 6.9, MONROE COUNTY
CODE; DECLARING THAT THE VIOLATION OF DULY
ENACTED COUNTY CODES AND ORDINANCES ARE CIVIL
INFRACTIONS WITH CERTAIN EXCEPTIONS;
PROVIDING THAT CODE ENFORCEMENT OFFICERS MAY
ISSUE CITATIONS FOR SUCH CIVIL INFRACTIONS;
PROVIDING FOR A SCHEDULE OF FINES UP TO
$500 .00 FOR SUCH CIVIL INFRACTIONS AND FOR
THE OPPORTUNITY TO CONTEST CITATIONS IN
COUNTY COURT; PROVIDING FOR A PROCEDURE TO BE
FOLLOWED IN ISSUING CITATIONS AND THE
CONTENTS AND ADOPTION OF SUCH CITATIONS;
PROVIDING THAT THE VIOLATIONS PROCEDURE OF
THIS CHAPTER IS CUMULATIVE AND SUPPLEMENTAL
ONLY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Chapter 6.9, Monroe County Code, is hereby
created to read as follows :
"Chap. 6.9 Supplemental Code Enforcement Citation
Procedure Under Sec. 162.21, Fla. Stat.
Sec. 6.9-1. ) It is the intention of the Monroe
County Commission through the adoption of this
ordinance to make available the supplemental code
enforcement procedures of Sec. 162.21, Fla. Stat. , for
use in code enforcement by Monroe County.
Sec. 6.9-2. ) Code Enforcement officers
designated. Monroe County code enforcement officers,
under the direction of the code enforcement
administrator, are hereby designated code enforcement
officers for the purposes of Sec. 162.21 , Fla. Stat. ,
and this ordinance.
Sec. 6.9-3. ) Violations of certain codes
declared a civil infraction.
It is hereby declared that the violation of a duly
enacted ordinance or code of Monroe County, Florida, is
a civil infraction. All such such ordinances and codes
may be enforced through the citation procedure set
forth in this Chapter except:
a. ) The enforcement pursuant to secs. 553. 79 and
553.80, Fla. Stat. , of building codes adopted pursuant
to Sec. 553.73, Fla. Stat. , as they apply to
construction, provided that a building permit is either
not required or has been issued by the County. For the
purposes of this subsection, "building codes" means
only those codes adopted pursuant to Sec. 553.73 , Fla.
Stat.
b. ) Whenever else prohibited by law.
Sec. 6.9-4. ) Schedule of violations and
penalties.
All Monroe County codes and ordinances may be
enforced through this Chapter by means of a citation to
County Court of Monroe County, Florida, except where
prohibited by Sec. 6.9-3, Monroe County Code. Any
person cited may contest the citation in County Court.
A violation of a code or ordinance shall result in the
assessment of a civil penalty of $100 if the person who
committed the civil infraction does not contest the
citation. If the person cited contests the citation
and is adjudicated in violation, fails to pay the
$100.00 civil penalty within the time allowed, or fails
to appear in Court to contest the citation, judgment
may be entered against the person for an amount up to
the maximum civil penalty, not to exceed $500.00.
Persons receiving a citation shall either pay the
$100.00 civil penalty to the Clerk of the Circuit
Court' s Office, or request from the Clerk a County
Court date to contest the citation, within 10 days of
receiving the citation excluding the date of the
receipt. Any person who wilfully refuses to sign and
accept a citation issued by a code enforcement officer
shall be guilty of a misdemeanor of the second degree,
punishable as provided in Secs.775 .082 or 775.083, Fla.
Stat.
Sec. 6.9-5. ) Violations procedure.
1) A code enforcement officer is authorized to
issue a citation to a person when, based upon personal
investigation, the officer has reasonable cause to
believe that the person has committed a civil
infraction in violation of a duly enacted Monroe County
code, or ordinance and that the County Court will hear
the charge. Prior to issuing a citation, a code
enforcement officer shall provide notice to the person
that the person has committed a violation of a code or
ordinance and shall establish a reasonable time period
within which the person must correct the violation.
Such time period shall be no more than 30 days. If,
upon personal investigation, a code enforcement officer
finds that the person has not corrected the violation
with the time period, a code enforcement officer may
issue a citation to the person who has committed the
violation. A code enforcement officer does not have to
provide the person with a reasonable time period to
correct the violation prior to issuing a citation, and
may immediately issue a citation, if the code
enforcement officer has reason to believe that the
violation presents a serious threat to the public
health, safety, or welfare, or if the violation is
irreparable or irreversible.
2) A code enforcement officer shall issue a
citation in a form prescribed by resolution of the
Board of County Commissioners containing the following
information:
a) the date and time of issuance;
b) the name and address of the person to whom
the citation is issued;
c) the date and time the civil infraction was
committed;
d) the facts constituting reasonable cause;
e) the number or section of the code or
ordinance violated;
f) the name and authority of the code
enforcement officer;
g) the procedure for the person to follow in
order to pay the civil penalty or to contest
the citation;
h) the applicable civil penalty if the persons
elects to contest the citation;
i) the applicable civil penalty if the person
elects not to contest the citation;
j ) a conspicuous statement that if the person
fails to pay the civil penalty within the
time allowed, or fails to appear in court to
contest the citation, the person shall be
deemed to have waived the right to contest
the citation and that, in such case, judgment
may be entered against the person for an
amount up to the maximum civil penalty.
3) After issuing a citation to an alleged
violator, a code enforcement officer shall deposit the
original and one copy of the citation with the County
Court. A copy shall be provided the alleged violator
and a copy retained by the code enforcement officer.
Sec. 6.9-6. ) Provisions supplemental.
The provisions of this Chapter are an additional
and supplemental means of enforcing Monroe County codes
and ordinances and may be used for the enforcement of
any code or ordinance, except as provided in Sec.
6.9-3. Nothing contained in this Chapter shall
prohibit Monroe County from enforcing its codes and
ordinances by any other means ."
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 15th day of
A.D. , 1991.
Mayor Harvey •N
Mayor Pro Tem London
Commissioner Cheal
Commissioner Jones -Ng-- —
Commissioner Stormont
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: �O
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
'/ 1 BY:
EFFECTIVE DATE:
7^3TOFORM
- -L L.UFFICIENCY.
BY I
Attome ';eitro
11111 couNrycM
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annp I. lot jage
BRANCH4FFICE CLERK OF THE CIRCUIT COURT-3 BRANCH OFFICE
3117 OVNRSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARA HON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL.(305)743-9036 KEY WEST,FLORIDA 33040 TEL. (305)852-9253
TEL.1305)294-4641
May 28, 1991
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
•
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
,Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 010-1991 adopting the Supplemental Code Enforcement
Procedures set forth in Sec. 162 .21, Fla. Stat. , by creating
Chapter 6. 9, Monroe County Code; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on May 15 , 1991. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of Coun Commissioners
By:
1 Rosalie L. onnolly
Deputy Clerk
cc : Municipal Code Corporation
Mayor W. Harvey
Mayor Pro Tem J. London
Commissioner E. Cheal
Commissioner D. Jones
Commissioner J. Stormont
County Attorney R. Ludacer
County Administrator T. Brown •
Community Services Director P. Horton
Chief Deputy Clerk J. Gwynn
027 136. 235 60 .
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items izIPT FOR CERTIFIED MAIL
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FLORTRA LigfPAjZTKEItjT OF STATE
Jim Smith
Secretary of State
Room 2002, •bIVISION OF ELECTIONS
Nif-VRa1 itol, llahassee, Florida 32399-0250
(904)'18A-8'427•
May 30 , 1991
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 . 66 , Florida Statutes,
this will acknowledge your letters of May 28 , 1991 and
certified copies of Monroe County Ordinance No' s . . 91-6 through
91-10 , which were filed in this office on May 30 , 1991 .
Sincerely,
1611-/
: 01&11-
Liz Clou , Chief
Bureau of Administrative Code
LC/mb
laNOW
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