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Ordinance 025-2018 A � 1 ORDINANCE NO. 025-2018 2 3 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY 4 COMMISSIONERS AMENDING SECTION 6-110, MONROE COUNTY 5 CODE; PROVIDING FOR A WAIVER OF AFTER- THE-FACT 6 DEMOLITION PERMIT FEES AS A RESULT OF HURRICANE IRMA; 7 PROVIDING FOR A REFUND OF AFTER THE FACT BUILDING 8 PERMIT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR 9 THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; 10 PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY 11 CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, the Board of County Commissioners is the legislative body of Monroe 14 County; and 15 16 WHEREAS,Hurricane Irma struck Monroe County on September 10, 2017; and 17 18 WHEREAS, Hurricane Irma caused extensive damage to all forms of property in 19 Monroe County; and 20 21 WHEREAS, there was confusion in the public as to what permits were necessary for 22 which purposes and at what time in the immediate aftermath of the hurricane; and 23 24 WHEREAS, both property owners and the County government have discovered after the 25. storm that demolition permits were required to be obtained in many instances by property owners 26 and were not obtained; and 27 28 WHEREAS, the current County permitting schedule calls for an after-the-fact permit to 29 carry a penalty fee of 100% above the applicable fee for the work, along with another fee which 30 shall be a minimum $500 and is based upon the value of the already completed construction 31 work; and 32 33 WHEREAS, the County does not seek to impose either the penalty fees or the additional 34 minimum value-based fees due to any issues caused by the natural disaster Hurricane Irma; and 35 36 'WHEREAS, the County wishes to waive any and all after-the-fact demolition permit 37 fees imposed after Hurricane Irma, along with the minimum $500 fee charged with the after the 38 fact fee, for a period of approximately 15 months following Hurricane Irma. 39 40 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 41 COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS: 42 43 Section 1. Section 6-110, Monroe County Code is hereby amended to read as follows: 44 45 (g) Hurricane Irma Waiver. After-the-fact demolition permits having an issued date from the 46 date of Hurricane Irma, September 10, 2017, until April 30, 2019, shall have all after-the- Page 1 of 2 47 fact fees waived. During this waiver period the penalty fee of 100% above the applicable 48 fee for the work and any additional fees related to completed construction work shall not 49 be imposed. If the fee(s) has already been paid, then the County shall reimburse the party 50 making the payment. On May 1, 2019, this subsection shall expire by its own terms and 51 all after the fact fees, including after the fact permit fees shall revert to the established fee 52 amount. 53 54 Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is 55 held invalid, the remainder of this ordinance shall not be affected such invalidity. 56 57 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby 58 repealed to the extent of the conflict. 59 60 Section 4. The provisions of this ordinance shall be included and incorporated in the 61 Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto. , 62 63 Section 5. This ordinance shall take effect immediately upon receipt of official notice 64 from the Office of the Secretary of State of the State of Florida that this ordinance has been filed 65 with said Office. 66 67 PASSED AND ADOPTED by the Board of County Commissioners of Monroe 68 County, Florida, at a regular meeting of said Board held on the 17th day of October, 2018. 69 70 Mayor David Rice Yes 71 Mayor Pro Tern Sylvia J. Murphy Yes 72 . Commissioner Danny L. Kolhage Yes 73 czy.,.tiln.. ` - Commissioner George Neugent Yes W. N 74 4'- Commissioner Heather Carruthers Yes 75 'r,.�. 76 _`'a ire l = BOARD OF COUNTY COMMISSIONERS c`'.) OF MONROE C UNTY FLORIDA 78 - .G ,= 79 �,�, � ; . G .. BY 8-- , 1,., s3 'A t Mayor David ice d ., 81 l(S,EA•),. , r^ All` �6��� �-N ..���� F2 E 82 f '7 : „�/ Ii " 83 , ,, _ i.,, r T ij4:K> f r COU1d4Y ATfORMEV 84 ATSTKEIN MADOK, CLERK D fi 85 .Ft4L40 A p Al 86 87 DEPUTY CLERK ASSIST '8T I , T.YW RU AT fOORNEY Oate Page 2 of 2 .% I f..} •. __ S :.,., Marathon•Sunshine Key•Big Pine Key•No Name Key Little,Middle&Big Torch Key Ramrod Key•Summerland Key•Cudjoe Key•Sugarloaf Key �.� '- `. .•firA � �`i BIG _�'4� a,.-.. + ON •: , {, q 1 '� it /IV �'PD.c. `� BIG ' — g 4 4 ,_,,,,, .... . ., .,.,. ,, , , , , „vb , : ,,,,, „. ,:_,,,„:, _ _;,,. „,,,,„ , r______ ,--4,,,-'.,. -A—N.,-__ „,,-: • f V ✓��4.....x .,..F..,.Q�y, ".,. °� 111 ..� i-iA..,..._. �` '�xu..w,., r.r 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: ADOPTION OF COUNTY ORDINANCE: BUILDING DEPARTMENT, MARATHON GOVERNMENT CENTER, 2798 OVERSEAS HIGHWAY, SUITE 300, MARATHON, FL 33050. was-publichedLin=saidIriewspaper_irtthe issue("s.)_'of: ,.October::"5 201.8-7 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, 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 she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. Signature of Affiant ''---_ Sworn and subscribed before me this 1,0 day of eth��. 2018 C&r ....)/( - "kf?-:, Th-Tevo.-....4:1,..%,(1,--N, Signature of Notary Printed N me of Notary Expires 1.164-- c. ‘5, O3. -\ Personally Known „..--- Produced Identification Type of Identification Produced RAINEY THOMPSON •; MY COMMISSION#GG 160760 i 4 P EXPIRES:November t 5.2021 R• of F�°• Bonded ThrNotary Public Underwriters • • NOTICE OF INTENTION TO CONSIDER — ADOPTION OF:COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on October 17,2018 at 3:00 P:M.,or as soan thereafter as may be heard;at,the Marathon Government Center,2798 Overseas Highway, Marathon,-Monroe County, Florida, the Board of County Commissioners of Monroe -County,Florida,intends to consider the adoption of the following County ordinance:- AN ORDINANCE' OF THE MONROE -COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING SECTION 6-110, MONROE COUNTY CODE; PROVIDING FOR A WAIVER OF AFTER THE FACT DEMOLITION PERMIT FEES AS A RESULT OF HURRICANE IRMA; PROVIDING FOR .A REFUND OF AFTER THE FACT BEJIWING PERMIT -FEES; PROVIDING_ FOR SEVERABILITY; PROVIDING FOR THE ,REPEAL OF- ALL ORDINANCES INCONSISTENT I HEREWITH;- PROVIDING FOR ,INCORPORATION INTO THE MONROE 1 COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE , • DATE. - Pursuant to Section 286.0105,-Florida Statutes, notice is given that if a'person-decides to appeal any decision made by the-Board with respect 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 record includes the testimony and evidence upon which the appeal is to be based. - ADA-ASSISTANCE: Ifyou area person with a disability who'needs special accommodations.in order to participate in this proceeding;please contact the Couety Administrator's ice, by 1Mb-h g(30S 292-�+d41;, between the hours of 8:30 a,nr..-5:00 p.m.,no later than five(5)calendar days prior to the scheduled meeting;f you are hearing or voice impaired, call, "711". Live Closed Captioning is available via our web portal Q htl:f/monroecountv)L igm2.com for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,:this 27th day of September,2018. i rat r KEY WEST . B ; 1 MZEN The Florida Keys Only Daily Newspaper,Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO BUILDING DEPT MARATHON GOVERNMENT CENTER 2798 OVERSEAS HWY SUITE 300 MARATHON FL 33050 Account: 138367 Ticket: 256839 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM — ---- e e the and igne thority personallyappeared 1 MAY CONCERNP.M.,that on soon theOctober\( PP 17,2018 at 3:00 or as there- after as may be heard,at the Marathon Government Center, 2798 Overseas c Ck°' ,, l ,who on oath Says that he or she is Highway, Marathon, Monroe County, Florida,the Board of County Commis- sioners of Monroe County, Florida,in- a 4 q�L t.(i 1.0 OL Lit& of the Key West Citizen, a daily tends to consider the adoption of the following County ordinance: newspaper publish d in KeIY West, in Monroe County, Florida;that the attached copyof advertisment, beinga legal notice in the matter of AMENDING SECTION AN ORDINANCE OF THE MONROE 9 COUNTY BOARD OF COUNTY COM- 6-110 was published in said newspaper in the issues of: MISSIONERS AMENDING SECTION 6-110,MONROE COUNTY CODE;PRO- VIDING FOR A WAIVER OF AFTER THE Tuesday,October 2,2018 FACT DEMOLITION PERMIT FEES AS A RESULT OF HURRICANE IRMA;PRO- VIDING FOR A REFUND OF AFTER THE FACT BUILDING PERMIT FEES;PROVID- INGING Affiant further says that the Key West Citizen is a newspaper published in Key FOR SEVEROFIALL ORDINANCES PROVINCES FOR THE REPEAL OF ALL ORDINANCES West, in said Monroe County, Florida and that the said newspapers has hereto- INCONSISTENT HEREWITH;PROVIDING fore been continuously published in said Monroe County, Florida every day,and FOR INCORPORATION INTO THE MON- has been entered as periodicals matter at thepost office in KeyWest, in said AND COUNTY CODE OF ORVNDATES; PROVIDING AN EFFECTIVE DATE. Monroe County, Florida,for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant further says that he or she has Pursuantatutes,noticeisgiven that that if,a Floridaperson Stf neither paid nor pr Ised any-pe son,firm or corporation any discount, rebate, decides to appeal any decision made by commission or ref nd for the purp a of securing this advertisement for publica- thens ide Boardrd with respect to any matter coe at such hearings or ma et in t said spaper. ings,he will need a record of the pro- ceedings, and that, for such purpose, he may need to ensure that a verba- tim record of the proceedings is made, (Signature of Affiant) which record includes the testimony and evidence upon which the appeal is - --- - - - to be based. Affi med a d - I scrib-o •-;ore me this 1st day of October 2018 ADA ASSISTANCE:If you are a person /� r— with a disability who needs special ac- ���%�� / 7, i commodations in order to participate in this proceeding,please contact the ( e. r u..Iic S gaatt e) Al CountyAdministrator's Office,byphon- ```�`uiikr��' Mg(305)292-4441,between the hours �`0 :�� YZE`t '. ' of8:30a.m.-5:oop.m.,no later than five • (5)calendar days prior to the scheduled (Notary Publi •rinted Name) (Not-- „itjci',* I meeting; if you are hearing or voice • impaired, call "711". Live Closed Cap- tioning is available via our web portal My commission expires �!�? � hppp ``� ©htto:Ilmonroecountyfl.iom2.com for li N meetings of the Monroe County Board of County Commissioners. Personally Known X Produced Identification - eDv. Dated at Key West, Florida,this 27th N y day of September,2018. Type of Identification Produced i 'e; NC = KEVIN MADOK, Clerk of the Circuit Z Court and ex officio Clerk of the Board of County Commissioners of Monroe a C County,Florida �S �1 a 10/02/18 Key West Citizen N N CD Q N ��pp N M 4VR,rj,O RTa c11/ i . ` .;�.4.. o Kevin Madok, CPA ''i 3ory...±=-4 v,= Clerk of the Circuit Court&Comptroller—Monroe County, Florida December 4, 2018 Department of State Administrative Code&Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 025-2018 amending Section 6-110, Monroe County Code; providing for a waiver of after-the-fact demolition fees as a result of Hurricane Irma; providing for a refund of after-the-fact building permit fees; 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,held in formal session, on October 17, 2018. Should you have any questions, please feel free to contact me at (305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Building Department County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 4, V'i waa� FLORIDA DEPARTMENT 0 TA'TE � N RICK SCOTT KEN DETZNER Governor Secretary of State December 4, 2018 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 025-2018, which was filed in this office on December 4, 2018. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us From: ords2municode.com To: Pete rs-Katherine2monroecounty-fl.aov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 18 Update 1 Date: Wednesday,December 05,2018 6:12:58 AM Attachments: ATf00001.bin ATf00002.bin ****THIS IS AN AUTOMATICALLY GENERATED EMAIL* Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 18 Update 1 Ordinance No. 024-2018 10/17/2018 11/1/2018 PDF Ordinance No. 025-2018 10/17/2018 12/5/2018 PDF Ordinance No. 026-2018 11/20/2018 12/4/2018 PDF ' _ ' Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.