Ordinance 019-1990
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Growth Management
ORDINANCE NO. 019 -1990
AN ORDINANCE CREATING SECTION 6-16.1(1),
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT
ALL BUILDING PERMIT FEES MAY BE SET BY
RESOLUTION OF THE BOARD OF COUNTY COMMISSION-
ERS; AMENDING SECTION 6-41, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT THE BOARD OF
COUNTY COMMISSIONERS MAY SET AFTER-THE-FACT
BUILDING PERMIT FEES FOR WORK INITIALLY DONE
WITHOUT A PERMIT AND TO PROVIDE THAT THE SITE
OF THE UNPERMITTED WORK MAY BE RESTORED TO
ITS ORIGINAL CONDITION AND PROVIDING ENVIRON-
MENTAL RESTORATION STANDARDS THEREFOR;
AMENDING SECTION 6-42, MONROE COUNTY CODE, TO
PROVIDE THAT VOLUNTEER FIRE DEPARTMENTS AND
EMERGENCY MEDICAL SERVICE PROVIDERS ARE
Ea6EMPT FROM BUILDING PERMIT FEES; AMENDING
SECTION 5-23(b), MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT FEES FOR BLASTER PERMITS MAY
BE SET BY RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPO-
RATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 6-16.1(1), Monroe County Code, is
hereby created to read as follows:
Sec. 6-16.1(1). Permit Fees.
The building permit fees to be charged by
Monroe County may be set by resolution of the
Board of County Commissioners.
Section 2.
Section 6-41, Monroe County Code, is hereby
amended to read as follows:
Sec. 6-41. Fees and permitting requirements
for work done without a permit.
(a) When any construction work is undertaken
by any person, firm or corporation for any
structure, as that term is defined in section
9.5-4(S-15), Monroe County Code, without a
building permit, where a permit is required,
then the person, firm or corporation shall
pay the following fee, whichever is greater:
(1) A fee set by resolution of the County
Commission; or
(2) Ten (10) percent of the value of the
construction work already completed.
The payment of such a fee shall neither
relieve the person, firm or corporation of
fully complying with all other relevant
county regulations, county ordinances or
state statutes nor from any penalties pre-
scribed therein.
(b) Before any permit may be issued under
this section, the person, firm or corporation
seeking the permit shall, at his own expense,
provide the building official with the
following:
(1) Drawings sealed by an engineer licensed
to practice in the State of Florida which
certify that all work already done is in
compliance with the Standard Building Code;
(2) A certification from an engineer li-
censed in the State of Florida that all steel
work is in compliance with the Standard
Building Code and relevant State law and that
such compliance has been verified through
generally accepted engineering practice.
Compliance with the engineer certification
requirements of this subsection shall neither
relieve the person, firm or corporation of
fully complying with all other relevant
county regulations, county ordinances or
state statutes, nor from any penalties
prescribed therein.
(c) In lieu of the above, the person, firm
or corporation may remove all unpermitted
work and return the site to its original
condition. A demolition permit shall be
required.
(d) In the event that a building permit is
to be issued for the construction work under
2
subsection (a) or (b) of this Ordinance, and
land clearing in excess of that permittable
was cleared, then no building permit shall be
issued until the requirements of Sec.
9.5-119(a)(1)-(4), Monroe County Code, or
Sec. 9.5-119(b) (1)-(4), Monroe County Code,
have been met.
(e) In the event in the construction work is
unpermittable under the Monroe County Code,
the site shall be restored to its original
condition. If land clearing was involved,
the site shall be restored according to the
requirements of Sec. 9.5-119(a)(1)-(4),
Monroe County Code.
(f) An appeal from any administrative
decision made by the building official in
enforcing this section shall be pursuant to
section 9.5-521, Monroe County Code.
Section 3. Section 6-42, Monroe County Code, is hereby
amended to read as follows:
Sec. 6-42. Fee exemptions.
The county, the state, the United States, all
corporate municipalities situated wholly
within the boundaries of the county, the city
electric system, the Florida Keys Electric
Cooperative, the Florida Keys Aqueduct
Authority, the county school district,
governmental entities and the volunteer fire
departments and volunteer emergency medical
services shall be exempt for the requirements
for a building fee for construction in the
county. There shall be no waiver of building
fees for any other applicants than those
enumerated in the preceding sentence.
~ection 4. Section 5-23(b), Monroe County Code, is
hereby amended to read as follows:
(b) Such permits shall be issued only after:
3
(1) Payment of a fee in an amount set by
resolution of the Board of County Commission-
ers.
(2) The filing of an application on a form
prescribed by the building official signed
and sworn to by the applicant's name, ad-
dress, that he holds a valid state permit,
the location or locations where the blasting
is to be performed, that blasting at such
location is authorized or permitted pursuant
to county or municipal zoning regulations,
and the distrance between the location of the
proposed blasting and any improved property.
Section 5.
'-....... --
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 6.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section ~
The provisions of this Ordinance shall be
included and incorporated into the Code of Ordinances of Monroe
County, Florida, as an addition or amendment thereto, and shall
be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 8.
A copy of this Ordinance shall be filed with
the Office of the Secretary of State of the State of Florida, but
shall not take effect until (first regular BCC meeting after
passage) Jul~,10, 1990.
PASSED and ADOPTED at a regular meeting of the Board of
County Commissioners of Monroe County, Florida, held on the
19th day of June, 1990.
- -
BOARD OF COUNTY COMMISSIONERS
OF MONR, 2omrry. FLORIDA
BY~~
Mayor aJ.rman
(SEAL)
Attest :DANNX 4 t:OLHAGE, f;lerk
BY~~.&/
FILED WITH SECRETARY OF STATE: ~ -d'-7- ?tJ
/
EFFECTIVE DATE: 7- /0 -? /J
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APPROVED AS TO FORM
PcIVU L.l:uAL SUFFICIENCY.
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (3051 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL, (3051 294-4641
BRANCH OFFICE
P,O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (3051 852-9253
June-27,1990
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative
Department of State
The Capitol
Tallahassee, Florida 32301
P,500 .-O,,~-~~~-
Code and Laws
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 019-1990 creating and amending certain sections of the
Monroe County Code concerning building permit fees.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on June 19, 1990.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 unty Commissioners
cc:
Municipal Code Corporation p.
Mayor John Stormont
Mayor Pro Tern Wilhelmina Harvey
Comm~s~ner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney Randy Ludacer
County Administrator Tom Brown
Growth Management Division
File
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RECEIPT FOR CERTIFIED MAIL
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NOT FOR INTERNATIONAL MAIL
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RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVIRAGE PROVIDED
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