Ordinance 021-1988
. )
, '
Building Department
ORDINANCE NO. 021 -1988
AN ORDINANCE AMENDING SECTION 6-41, MONROE
COUNTY CODE, IN ORDER TO PROVIDE CERTAIN FEES
FOR CONSTRUCTION WORK DONE WITHOUT A BUILDING
PERMIT; PROVIDING FOR ENGINEER SEALED PLANS
THAT ANY UNPERMITTED WORK IS IN COMPLIANCE
WITH THE STANDARD BUILDING CODE; PROVIDING
FOR AN ENGINEER'S CERTIFICATION THAT ANY
UNPERMITTED STEEL WORK IS IN COMPLIANCE WITH
THE STANDARD BUILDING CODE AND STATE LAW;
PROVIDING FOR APPEALS FROM ANY ADMINISTRATIVE
DECISION OF THE BUILDING OFFICIAL MADE
PURSUANT TO THIS SECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in the case of construction work done without a
building permit necessarily means that the plans for such work
went unreviewed for compliance with the Standard Building Code
and that the work as built went uninspected for compliance with
such code; and
WHEREAS, in addition buildings or structures constructed
without a permit have not been reviewed for compliance with the
Monroe County Land Development Regulations especially in regard
to environmental standards, set-backs and open space ratios; and
WHEREAS, such review and inspections are vital to carrying
out Monroe County's function of protecting the public health,
safety and welfare; and
WHEREAS, post construction review of unpermitted buildings
and structures is far more time consuming, expensive and involved
for County staff than if the work had been reviewed and permitted
before construction; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
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 Sec. 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) $250.00; or
(2) Ten percent of the estimated completed
construction value. 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 prescribed 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 licensed 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) An appeal from any administrative decision made by
the building official in enforcing this section shall be
pursuant to Sec. 9.5-521, Monroe County Code.
2
Section 2.
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 3.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4.
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 5.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By iZ~,
Mayor Chairman
i/
(SEAL)
AttestDANNY L. KOLHAGE, Clerk
-:s2l e lO "] ~r- IS) C-
(Clerk I
f1.F"Pt:OV::D AS TO FOtUl/; t
~F "..,p,,~''Ij..1'
. ;'1NDL~;:IL~~:i~.I:!:;'(j0-~11.
.' ,~,
'. ,. - At' "'n""":: fJHir:e
., ,.... .., . - ---
ADOPTED: f\\o--\f" c-l,-- \ S" l I Cl K~'
FILED WITH SECRETARY OF STATE: {\I\OJr J,-- 2.\ ( I 01 ~ ~
EFFECTIVE DATE: m(U~J.-.;2~~ I \~~<o
RW/jh
3
r
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, March 15, 1988 at 3:00 P.M. at Key Colony Beach City
Hall,
Key Colony Beach,
Florida,
the Board of County
Commissioners of Monroe County, Florida, intends to consider the
adoption of the following County Ordinance:
ORDINANCE NO.
-1988
AN ORDINANCE AMENDING SECTION 6-41, MONROE
COUNTY CODE, IN ORDER TO PROVIDE CERTAIN FEES
FOR CONSTRUCTION WORK DONE WITHOUT A BUILDING
PERMIT; PROVIDING FOR ENGINEER SEALED PLANS
THAT ANY UNPERMITTED WORK IS IN COMPLIANCE
WITH THE STANDARD BUILDING CODE; PROVIDING
FOR AN ENGINEER'S CERTIFICATION THAT ANY
UNPERMITTED STEEL WORK IS IN COMPLIANCE WITH
THE STANDARD BUILDING CODE AND STATE LAW;
PROVIDING FOR APPEALS FROM ANY ADMINISTRATIVE
DECISION OF THE BUILDING OFFICIAL MADE
PURSUANT TO THIS SECTION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided 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.
Copies of the above-referenced Ordinance are available at
the various Monroe County libraries.
DATED at Key West, Florida, this 10th day of February, A.D.
1988.
DANNY L. KOLHAGE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
';
6L
PROOF OF PUBLICATION
5TATE OF FLORIDA
BOX 1197, TAVERNIER, FL. 33070
COUNTY OF MONROE
Before the undersigned authGrity personally appeared
1 who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER 1 a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
DA8NY WOLFF
NOTICE OF INTENTION TO CONSJDEft ADOPTION OF COUNTY ORDINANCE
in the Court, was pllbli~ed W -il!\icL
newspaper in the issues of - - ,- ~O-iS8
Affiant further says that the said REPORTER is a
IN THE MATTER OF
& 2-25--88
newspaper published at Tavernier, in said Monroe County,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Florida,
each week (on Thursday), and has been entered as second
class mail matter at the Post Office in Tavernier, in said
County of Monroe, Florida, for a period of one year next
preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither
paid nor promised any firm, person, or corporation any
discount, rebate, commission or refund for the purpose of
securing this said advertisement for publication in the
said newspaper,
SEAL
25TH
SWORN TO E HIS
88
DAY:__..~LA'D~~
~ NOT ARY PUBL I C
NOTARY PUBLIC STATE OF FLORIDA
MY COMM 155 I ON EXP I RES I MY CO""ISS]OIJ F ~p 'PD 2, ]991
BONDED THRU GENERAL INS, UNO.
ON
!� !NOTICE OF INTENTION TO CONSIDER_•
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on •
Tuesday,March 15,1988 at 3:00 p.m.at Key Colony Beach City Hall,Key Colony
Beach,Florida,the Board of County Commissioners of Monroe County,Florida,_ ,
• intends to consider the adoption of the following County Ordinance:
ORDINANCE NO.• -1988 • - •
I
f AN ORDINANCE AMENDING SECTION.6 41,MONROE COUNTY CODE,IN-
ORDER TO PROVIDE CERTAIN FEES FOR CONSTRUCTION WORK DONE
WITHOUT A BUILDING PERMIT;PROVIDING FOR ENGINEER SEALED.•
i PLANS THAT ANY-UNPERMITTED WORK IS IN COMPLIANCE WITH THE
• STANDARD BUILDING CODE; PROVIDING FOR AN ENGINEER'S r
. CERTIFICATION THAT ANY UNPERMITTED STEEL WORK-IS IN.,-
COMPLIANCE WITH THE STANDARD BUILDING CODE AND STATE LAW;'
PROVIDING FOR APPEALS FROM ANY ADMINISTRATIVE DECISION OF ^:r
THE BUILDING OFFICIAL MADE PURSUANT TO THIS SECTION; - /
i PROVIDING FOR SEVERABILITY:PROVIDING FOR THE REPEAL OF ALL,
i ORDINANCES INCONSISTENT HEREWITH: PROVIDING FOR '
INCORPORATION INTO THE MONROE COUNTY CODE;AND PROVIDING ,
,
AN EFFECTIVE DATE-. . I
1 -
I Pursuant to Section 286.0105,Florida Statutes,notice is given that if a person :
decided to appeal any decision made by the Board with respect to any matter y
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 i
j• proceedings is made,which record includes the testimony and evidence upon which
• the appeal is to be based. -
-Copies of the above-referenced Ordinance are available at the various Monroe
County libraries. -
DATED at Key West,Florida,this 10th day of.February,A.D.1988.
II• DANNY L.KOLHAGE - -1
Clerk of the Circuit Court i
of Monroe County,Florh a 9
and ex officio Clerk of the ' '
Board of County Commissioners
of Monroe County,Florida
Published:2/18&2/25/88
j The Reporter - . .
j Tavernier,FL 33070 —_
_
. -1._
PROOF OF PUBLICATIO"t
111111
•
• THE FLORIDA KEYS KEYNOTER
Published Weekly ••
•
MARATHON, MONROE COUNTY, FLORIDA
•
STATE OF FLORIDA ) '
COUNTY OF MONROE )
•
Before the undersigned authority personally appeared CHARLOTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a No t i r•e of Intention
IN THE MATTER OF Ordinance r-eFees -Unpermitted- Construction -Work--
i- n the
Court, was published in said
•
newspaper in the issues of February 24 , March 2 , 1988 • •
•
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara- NOTICE OF
INTENTION TO CONSIDER '
ADOPTION OF
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN •
TO WHOM IT MAY CONCERN
published ick said Monroe County, Florida, each week (on Thursday)and has been entered as second that on Tuesday,March 15, 1988,
at 3:00 P.M. at.Key 'Colony
Beach, Florida, the Bo rd of
•class mail matter at the post office in Marathon, in said Monroe County,Florida, for a period of one County Cou Commissioners l ntendseto'
consider the adoption of the_fol-'
lowing County Ordinance; ,
year next preceding the first publication of the attached copy of advertisement; and affiant further I " .,.ORDINANCE No.-1985••' •
AN ORDINANCE AMEND-`!
ING SECTION 6-41; MON-
says that he has neither paid nor promised any person,firm,or corporation any discount,.rebate, corn- ROE COUNTY CODE IN
ORDER_ TO PROVIDE
CERTAIN FEES FOR CON-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. WITHOUT- WORK_ILDDING ,
•
• PERMIT,_.PROVIDING FOR
ENGINEER SEALED
PLANS THAT-ANY UN-
PERMITTED WORK IS IN
///L4z
' COMPLIANCE WITH THE
(� STANDARD BUILDING
CODE; FOR PROVIDING
AN ENGINEER'S
CERTIFI-
CATION THAT ANY UN-
PERMITTED
(SEAL) RI IN
e.._ WITH THE STANDARD
BUILDING CODE •AND
STATE LAW; PROVIDING
SWORN TO AND SUBSCRIBED BEFORE ME THIS FOR APPEALS FROM ANY
ADMINISTRATIVE DECI-
- SION OF THE BUILDING
OFFICIAL MADE PURSU-
DAY OF,- v A.D. 19 - ANT TO' THIS SECTION;
_ PROVIDING FOR SEVER-
• ABILITY PROVIDING FOR
THE ITY L OF ALL OR-
HET ;NCRN- - F.'"' • I ERWIHPPOVIDIG •
FOR INCORPORATION'
_ _ - INTO THE MONROE
^ • COUNTY CODE; AND J.
_ FIOTARV•p(;gtIC STATE OF FLORIDA PROVIDING AN EFFEC-
" " TIVE DATE.
„ NY C8 fI2SSI0N EXP. AUG 28;1990 -
BOfJDED THRU GENERAL Pursuant to Section a Is g05,
INS, UND, Florida Statutes,notice is giv-
. en that if a person decided 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 proceed-
Inas, and that, for such pur-.
pose, 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.
•
Copies of the above-referenced
OvariousrdinanceMonro are availableCounty atlibrar the
e -
• les. ,
DATED at Key West, Florida,
this 12th day of February.,A.D.•
. 1988
• DANNY L.KOLHAGE
• of Clerk
Co Circuit, lorida
and ex officio Clerk of the
Board of County
Commissioners
of Monroe County,Florida
Publish:Feb.24 Mar.02,1988
Florida Keys Keynoter -
1 kOTICE OF INTENTION
•TO CONSIDER ADOPTION
OF COUNTY ORDINANCE •
NOTICE IS HEREBY GIVEN TO ;
,'WHOM IT MAY CONCERN,that on
Tuesday,March 15,1988 at 3:00 P.M.
at Key Colony Beach City Hall, Key
Colony Beach, Florida,the Board of
` County Commissioners of Monroe
.County, Florida,..intends to-consider
the:adoption of the following County 1J
Ordinance: __ ___
ORDINANCE NO.—-1988;
AN ORDINANCE 'AMENDING I
SECTION 6-41,-MONROE-COUNTY---1,
CODE, IN ORDER TO PROVIDE
CERTAIN FEES FOR CON-
STRUCTION WORK DONE. •
WITHOUT A BUILDING PERMIT;
PROVIDING FOR ENGINEER ;
SEALED PLANS, THAT ANY
ON
COMPLIANCE WITH THEIS STAN- '
DARD BUILDING CODE; PRO-
I VIDING FOR AN ENGINEER'S tt
CERTIFICATION THAT ANY
UNPERIAITTED COMPLIANCE STEEL OR WITH
K IS
IN THE
STANDARD BUILDING CODE
AND STATE LAW; PROVIDING
FOR APPEALS FROM ANY AD-
MINISTRATIVE
DECISION OF
THE BUILDING OFFICIAL MADE
PURSUANT TO THIS SECTION;
PROVIDING FOR SEVERABILI-
TY:" "-PROVIDING—FOR— THE--
REPEAL OF, ALL ORDINANCES
INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORA-
+ TION INTO THE MONROE COUN- 1
TY CODE; AND PROVIDING AN
EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes,notice is given that
if a person decided to appeal any '
decision made by the Board with
x respect to any matter considered at
such hearings or meetings, he will
need a record of the proceedings,
a • and that, for such purpose, he may '
need to ensure that a verbatim
• ' recorf of the proceedings, is made;
which record includes the testimony
• and evidence upon which the appeal
is to be based.
Copies of the above-referenced Or-
dinance are available at the various
Monroe County libraries.
DATED at Key West,Florida,this.
10th day of February,A.D.1988.
DANNY L.KOLHAGE
Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board of County Commissioners `
. of Monroe County,Florida
Feb.18,25,1988
•
•
•
P 7 2 9 8 6 6 2 7 4 a •SENDER:'-Complete items 1,2,3 and 4.
RECEIPT FOR CERTIFIF $ Put your address in the"RETURN TO"space on the
t NO INSURANCE COVERAGE PROVIDED 3 reverse side. Failure to do this will prevent this card from
0 NOT FOP CO;iTIONAL MAIL being returned to you.The return receipt fee will provide
} (See Reverse) you the name of the person delivered to and the date of.'
delivery. For additional fees the following services are
0 Sent toLiz Cloud, Chief k available.Consult postmaster for fees and check box(es)
torservice(s)requested.Dept. of Adm. Code & Laws
Street and No. m 1. 0 Show to whom,date and address of delivery.
Dept. of State, The Capitol
P.O.,State and ZIP Code 2. 0 Restricted Delivery.
Ta11RhARSPP, FL 323a1 do
Postage ct 3. Article Addressed to: LIZ CLOUD, CHIEF
0 Dept of Adm. Code & Laws
Certified Fee ' 7
5 , Dept. of State, The Capitol
•
r
_ " Special Delivery Fee Tallahassee, FL 32301
i
8 Restricted Delivery Fee
4. Type of Service: Article Number
Return Receipt showing
to whom and Date De cred �� ❑ Registered 0 Insured
Lri
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P, Return Receipt wine t I— ofS° j 0 Express Mail
Date,and Addr. eliv A /
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j TOTAL Posta! d f� �5' (S g
DATE DELIVERED.
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to (' /` .yam l`j..+.
a I 33 7. Dapte.of.De r'y .-- / , y
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5 8. Addressee's Address.(Q\LK�ff\requested apd ee paid)
m .),'
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ii
•
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA)
COUNTY OF MONROE)
SSe
Before the undersiged authority personally appeared.........
v
R.E.Harrison
, who on oath says that he is ..........
^dverti3L~g ~~~ger
of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida: that the
attached copy of advertisement, being a
llf.GAL t!OTIQ:
in the matter of
~lf\o ~~Cryl
to --'-l (
was published in said newspaper in the issues of
\eb 1'6' I ~S d1~'6
Affiant 'further says that the said The Key West 'Citizen is
a newspaper published at Key West, in said Monroe County, Florida,
and that the said newspaper has heretofore been continuously pub-
lished in said Monroe County, Florida, each day (except Saturdays)
and has been entered as second class mail matter at the Post Office
in Key West, in said Monroe County, Florida, for a period of one
year next preceeding the first publication of the attached copy
of advertisement: and affiant further says that he has 'neither paid
nor promised any person, firm or corporation any discount, rebate,
commission or refund for ~he purpose of securing this advertisement
,for publication in the said newspaper.
(SEAL)
c 1E Of flORIO~
IlOW,~ PUBLIC ~1(~p J\\U 27 "lS91
',r'Cjr.~ c. "
14~ C~~"i"O J.,. HAL INS. Ullo.
OONJEll niRU uLNF.
t~AA~
SWORN
~J?~~~~RIBED I"re rnE>this
I~~/ rlu.: ;tf fi 1--
, R7 BLI
~./
/
,
day of
"'1 /1 l / ,--;1--/
/rIttU~9 t (,.
COMMISSION EXPIRES:
, .
J)annp 1.. Itolf)age
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL, (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O, BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
March 18, 1988
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
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 Ordinance
No. 021-1988 amending Section 6-41, Monroe County Code, in
order to provide certain fees for construction work done
without a building permit, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on March 15, 1988.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court and
ex officio Clerk to the Board
of County Commissioners
')
i?
wn
k
By :~\'--L\~l
Shelley B
Deputy e
cc: Municipal Code Corporation
Mayor E. Lytton
Commissioner W. Freeman
Commissioner J. Hernandez
Commissioner M. Puto
Commissioner J. Stormont
County Attorney L. Proby
County Administrator T. Brown
Planning Director D. Craig
Building Official B. Herman
YF1,le 0
~ '\L~ - 't>(o(o - 2. ,q
FLORIDA DEPARTMENT OF ST ATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
March 23, 1988
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse - 500 Whitehead St.
Key West, Florida 33040
Attention: Shelley Brown, D. Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of letter/s of March 18, 1988
and certified copy/ies of Monroe
County Ordinance(s) Nos. 88-20, 88-21, & 88-22
2. Receipt of
relative to:
County Ordinance(s)
( a)
which we have numbered
(b)
which we have numbered
3.
We have filed tHis/these ordinances
March 23,
in this office
on
1988.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
SinCe~elY. ~CR
L~ Chief
Bureau of Administrative Code
LC / mb