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Ordinance 019-2015m ORDINANCE 019 2015 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 6 -108 FEES OF CHAPTER 6 BUILDINGS AND CONSTRUCTION; AMENDING THE PROCESS FOR REFUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 WHEREAS, Section 6 -108 of the Monroe County Code includes the purpose, authority, requirements, exemptions, waivers, and refund information related to fees; and WHEREAS, occasionally refunds are justified due to either unusual circumstances that are specific to certain situations or errors made by county staff; and WHEREAS, the Monroe County Code requires that these refunds shall require approval of the Board of County Commissioners upon the recommendation of the County Administrator; and WHEREAS, the Building Official is responsible for making the initial determination of a justification for a refund of fees related to chapter 6 "buildings and construction "; and WHEREAS, the proposed amendment would authorize the Building Official, with concurrence from the Planning Director, to issue refunds consistent with the Monroe County Code and fee schedules as adopted by the Board of County Commissioners; and WHEREAS, at a regularly scheduled meeting held on 16 day of September, the Monroe County Board of County Commissioners held a public hearing and provided for public comment and public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 6 -108 of the Monroe County Code is amended as follows: Ord. No. -2015 Pagel of 2 S , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Sec. 6 -108. — Fees. Refunds. No fees paid for permit fees shall be refunded without the approval of the building official with concurrence from the planning director. Section 2. Severability. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 3. Conflictinsi Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. Inclusion in the Code of Ordinances. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. Transmittal and Effective Date. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2)(b), Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the / (0 day of 2015. Mayor Danny L. Kolhage Yes Mayor Pro Tern Heather Carruthers YPG Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner David Rice YPC BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY T� Mayor nn . Kolhage C) z O r M :)t CDC) zx -1 C , -n N O O n : -v s w ki r M 0 0 J MONROE COUNTY A ry �j TPRRNEY APP � OED ASd�j�RM: ST E -E" 'f. VJ!' L' MS ASSISTANT LINTY ATTORNEY Date � Ord. No. -2015 Page 2 of 2 RICK SCOTT Governor October 16, 2015 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide Dear Ms. Heavilin: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 019 -2015, which was filed in this office on October 16, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879 www.dos.state.fl.us