Update: The article has been changed to reflect the garbage ordinance’s scope. The new law will apply only to “collector roads” — divided or undivided roadways which serve to link arterials with local roads or major traffic generators. They serve as transition link between mobility needs and land use needs. In Marathon, there are three such roads — Aviation Boulevard, Sombrero Beach Road and Cocoplum Road.
After much back and forth, the City of Marathon has crafted a garbage law to address vacation rental home abuses without ever using those words. Legally, the garbage rules must apply to the entire city, not just rental homes. Previously, city attorney Steve Williams said, “I feel like I’m on a cooking show. I have to make lasagna without using noodles, tomato sauce or cheese.”
The new law has three simple points that apply only to collector roads:
1. Garbage has to be placed in “receptacles” — presumably that means cans or bags — capable of containing the trash from wind and the elements.
2. The garbage for pickup has to be placed on a city right-of-way.
At all other times, the garbage receptacles must be off the right of way, stowed next to the home.
3. And here’s the biggie: garbage cans and bags must not be in the right-of-way for pick up for more than 24 hours. Homeowners and businesses, however, can put the cans out beginning at 6 p.m. the day before trash pickup, so long as they are retrieved and stowed when trash day is over.
The council voted 4-1 to approve the measure, with Councilman Mark Senmartin dissenting.
One other long-standing issue resolved at the Feb. 9 council meeting was the finalization of a hybrid code enforcement board and magistrate system. Most recently, Marathon has relied on a special magistrate to settle code cases, but in the past, the city used a code board of local members.
According to the ordinance passed by the City of Marathon, code case defendants can choose whom they want to hear the case. If the property owner does not choose, the case goes to the magistrate by default.
The ordinance calls for a seven-member board with very specific areas of expertise (architect, business person, engineer, contractor, Realtor, etc.) and two alternates. The rules also cover attendance and how to replace board members who miss meetings.
Marathon City Manager George Garrett also told the council about upcoming interviews to find code enforcement officers as well as a code director.
“We have three interviews set up for a code director and four for staff applicants,” Garrett said.
In other news:
• Councilman John Bartus suggested to council, and they agreed, to support Monroe County Commissioner Mike Forster’s bid to get a seat at the Executive Policy Group table for Keys municipalities. The EPG is activated in the case of an emergency (hurricane, pandemic) and the five-member group of county officials makes decisions for the Keys as a whole.
Mayor Luis Gonzalez supports the idea. “We are getting second-hand news once it’s on Facebook,” he said. Bartus suggested that, if passed, Marathon’s designee is likely to be a city manager, rather than an elected official.
• Councilman Dan Zieg announced his nomination of attorney Susan Klock to the Marathon Planning Commission to replace Eugene Gilson, who is stepping down and relocating out of Marathon. Klock also operates Marathon Liquors and Deli.
• City of Marathon staff are making emergency repairs to Marathon Rotary Park. Meanwhile, a volunteer task force is being formed to make suggestions to replace aging park equipment. The city has $225,000 budgeted for the project to happen in early 2022.
• The city is going to create six parking areas along the golf course on Sombrero Boulevard for overflow of cars and boat trailers. The temporary, gravel parking areas will be opposite some of the larger condo buildings that do not have adequate parking.
• Building official Noe Martinez gave the council an update on the new permitting and building software interface. He said the department is busy working out the kinks and manually inputting old projects into the system.
“We’re not answering the phone because we’re hiding, but because we’re working,” he said, adding that almost 3,000 projects have been input. He also said that 168 contractors have registered with the city’s new system. One glitch, he said, is that there is no way in the system to decipher whether or not building plans have been approved. They must be printed, examined, and marked as approved, before distribution to building officials performing inspections.
