Ordinance 026-1991 County Administrator
ORDINANCE NO. f 26 i-1991
AN ORDINANCE DECLARING THAT AN EMERGENCY
EXISTS AND WAIVING NOTICE BY A FOUR-FIFTH' S
VOTE; AMENDING SEC. 6-23, MONROE COUNTY CODE,
IN ORDER TO CLARIFY THAT BUILDING CODE
VIOLATIONS MAY BE PROSECUTED IN ANY MANNER
PROVIDED BY COUNTY ORDINANCE OR BY STATUTE
INCLUDING PROSECUTION BEFORE THE CODE
ENFORCEMENT BOARD; 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, Sec.6-23, Monroe County Code, passed in 1973,
states that building code violations may be prosecuted in accord
with Sec. 125 .69 , Fla. Stat. (second degree misdemeanors
prosecuted in County Court) ;
WHEREAS, since 1973 the Legislature and County Commission
have provided for other methods for prosecuting building code
violations including proceedings before the Code Enforcement
Board;
WHEREAS, the advisor to the Code Enforcement Board recently
opined that Sec. 6-23, Monroe County Code, as presently written,
prevented the prosecution of building code violations before the
Code Enforcement Board;
WHEREAS, that opinion will immediately jeopardize the
prosecution of numerous building code violation cases before the
Code Enforcement Board; and
WHEREAS, time is of the essence in clarifying Sec. 6-23,
Monroe County Code, to make it clear that building code violation
;t cases may be prosecuted before the Code Enforcement Board; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,, that:
Section 1 . An emergency is hereby declared and notice
imamumadm
waived by a four-fifth's vote.
Section 2. Section 6-23, Monroe County Code, is hereby
amended to read as follows :
Any person violating any of the provisions of this
article may be prosecuted in any manner provided by
statute or ordinance including proceedings before the
Code Enforcement Board.
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. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. . 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 6. This Ordinance shall take effect when a
certified copy of this ordinance has been accepted by the postal
authorities of the Government of the United States for special
delivery by registered mail to the Secretary of State of the
State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 118th day of September, A.D. , 1991 .
Mayor Harvey Yes.
Mayor Pro Tem London Yeses
Commissioner Cheal Yes
Commissioner Jones Yes
Commissioner Stormont Absent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MXTOR7tHAfkMAN
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY: Y424
epu y er
EFFECTIVE DATE: -
APPROVED AS TO POW
��AND LEGAL S FFLCPEAICY/,
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Attome s
Date. " �1'
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT • BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O.BOX 379
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,F O(30IDA85 33070
3070
TEL.(305)743-9036 KEY WEST,FLORIDA 33040
TEL.(305)294-4641
October 2, 1991
REGISTERED MAIL
RETURN RECEIPT REQUESTED t�- 30 110 aS3
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 Emergency
Ordinance No. 0-26=3:917V amending Sec. 6-23, Monroe County
Code, in order to clarify that Building Code violations may
be prosecuted in any manner provided by County Ordinance or
by Statute, including prosecution before the Code
Enforcement Board; etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on September 18, 1991. Please file for
record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board o unty Commi ioners
B .
y:
Rosalie L. C nnolly, D ty Clerk
cc: Municipal Code Corporation
Mayor Wilhelmina Harvey
Mayor Pro Tem Jack London
Commissioner Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Community Services Director Peter Horton
ear_
fir
!%Op NE
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
Room 2002, DIVISION OF ELECTIONS
The Capitol, Tallahassee, Florida 32399-0250
(904) 488-8427
October 4 , 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 1.25 . 66 , Florida Statutes,
this will acknowledge your Registered letter of October 2 , 1991
and certified copy of Monroe County Emergency Ordinance No.
which which was filed in this office on October 4 , 1991 .
Sincerely,
0101,4
Li -jC]rtIP, Chief / I
Bureau of Administrative Code
LC/mb
(Registered No. R-308 710 253 )
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