Ordinance 004-2010
ORDINANCE NO. 004 - 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 6-108; PROVIDING FOR WAIVERS OF SOME
FEES FOR AFFORDABLE HOUSING; 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.
WHEREAS, in 2007, the Board of County Commissioners for Monroe County approved
a building permit fee schedule designed to allocate the costs of operating the County Building
Department to the users of the services of that department; and
WHEREAS, waivers and exemptions of permit fees have to be offset with ad valorem
taxes due to Section 553.80, F.S., which limits building permit fees to only those costs associated
with the services rendered in connection with the issuance of a building permit; and
WHJEREAS, the Board of County Commissioners for Monroe County passed Ordinance
No. 036-2009 on December 16, 2009, eliminating most exemptions and allowing for applications
for waiver of building permit fees for certain affordable housing as defmed by state statutes; and
WHEREAS, Monroe County Code has different defInitions for affordable housing than
the Florida Saatutes and Ordinance 36-2009 needs to be clarified;
NOVV THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. ~;ection 6-108, Monroe County Code, is hereby amended to read:
Passed February 17, 2010
Sec. 6-108. Fees.
(a) Purpose. The purpose of this section is to establish the authority, schedule, and exemptions
for permitting and related fees.
(b) Authority and fee schedule. Except as specifically established by this chapter, the board of
county commissioners may by resolution establish a fee schedule for, but not limited to, permit
applications, permits, plans examination, certificates of competency, re-inspections, permit
renewals, administrative fees, variance requests, and administrative appeals.
(c) Required Except as authorized by this chapter, no permit shall be issued without payment
of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied
to off-set the total permit fee at the time the permit is issued, except where the application fee
exceeds the total permit fee. In this case, the application fee shall become the total permit fee.
(d) Exemptions. Exemptions only exist as specifically provided by State statute and for
volunteer fire departments.
(e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from
the permit and application fees for construction or renovation of affordable, low or very low
income housing intended for occupancy for those households with income up to one hundred
twenty percent (120%) of the median annual adjusted gross income as defined by Monroe
County. Persons or entities which have a development order in effect as of February 17, 2010 for
affordable housing may apply for such fee waivers. Persons or entities building affordable
housing which uses a higher percentage median income than one hundred twenty percent (120%)
for qualification for occupancy may apply for a waiver from building permit and application fees
only if the specific project for development is being subsidized with or is leveraging state or
federal funding. There are no other waivers of permit fees.
(f) Refunds. No fees paid for building permit fees shall be refunded without the approval of the
board of county commissioners upon the recommendation of the county administrator. Permit
application fi~es are not refundable.
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 thle extent of said conflict.
Passed February 17, 2010
2
Section 4 The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, 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 its filing with the office of the
Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17 th day of February , 2010.
Ma3TorSylvia J. Murphy
Ma)Tor Pro Tem Heather Carruthers
CODlmissioner Mario DiGennaro
CODlmissioner George Neugent
Yes
Yes
Yes
Yes
Yes
L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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MONAOE eOUNfY ATTORNEY
APPROVED AS TO FORM:
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SUSAN M.- fM~.?~'
ASSISTANT COUNTY ATTORNEY
Date /Yl /hrc{~ '-I " ~ 0 16
Passed February 17, 2010
3
MONROE COUNTY COlJRTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
FAX (305) 295-:~663
BRANCH OFFICE:
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
BRANCH OFFICE:
MARATHON SUB COURTHOUSE
31170VERSEAS HIGHWAY
MARATHON, FLORIDA :~3050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
www.clerk-of-the-court.com
ROTH BUILDING
50 HIGH POINT ROAD
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 853-7440
March 4, 2010
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray B1uilding
500 S Bronough Street
Tallahassee I~L 32399-0250
Via Certified Mail 7005 1160 0000 3841 2242
Dear Ms. Cloud,
Enclosed is a certified copy of Ordinance No. 004-2010 amending Monroe County Code
Section 6-108; defining waivers and exemptions from building permit fees for affordable housing
construction or renovation for affordable, low or very low income housing as defined by state
statutes or Monroe County Code.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on February 17, 2010. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295-3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Via e-rnail
Municipal C~ode C~orporation
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Pam Hancock
From:
To:
Sent:
Subject:
<ords@municode.com>
< p han cock@ mon roe-clerk. com>
Friday, March 05, 2010 1 :31 PM
Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 3
Municipal Code Corporation
Municode.com
~ . . ~/ www.municode.com
1-800-262-2633
Monroe County, FL Code of Ordinances - 2008 (14298)
Sup])lernent 3
Doc:ument Adopted Date Recorded Recorded Format
Ordinance No. 030-2009 8/16/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 031-2009 8/19/2009 12/9/2009 Hard Copy/Electronic
Ordinance No. 036-2009 11/18/2009 12/16/2009 Ha rd Copy
Ordinance No. 32-2009 12/16/2009 1/4/2010 Ha rd Copy /Electron ic
Ordinance No. 038-2009 12/16/2009 1/19/2010 Hard Copy
Ordinance No. 001-2010 1/20/2010 2/5/2010 Hard Copy/Electronic
Ordinance No. 033-2009 10/21/2009 2/5/2010 Hard Copy/Electronic
Resolution No. 018-2010 1/20/2010 2/12/2010 Hard Copy/Electronic
Ordinance No. 004-2010 2/17/2010 3/5/2010 Ha rd Copy jElectron ic
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You can also a:€reGO GREENa€D
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Update the internet version of your
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We can update the Internet
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3/5/2010
TINt IflIorIf8 Keys Only DeIly ,.,..,.,.,., Est. 1876
Cooke Communications, LLC
Florida Keys
Marsha F. Kirkwood
Advertising C:oordinator
PO Box 1800
Key West FI 3~3041
Office. . . .305-:!92-7777
Extension....... .x219
Fax. . . . . . .305-295-8025
leaals@kevsnews~com
INTERNET PUBLISHING
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STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson,
who on oath says that he is Vice-President of Advertising Operations of the
Key West Citizen, a daily newspaper published in Key West, in Monroe
County, Florida; that the attached copy of advertisement, being a legal notice
in the matter of cfkJt;~ -t~ ~
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was published in said newspaper in the issue(s) of
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Affiant further says that the Key West Citizen is a newspaper published in
Key West, in said Monroe County, Florida and that the said newspaper has
heretofore been continuously published in said Monroe County, Florida every
day, 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 1 year next preceding
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 the purpose of securing this
advertisement for publication in the said news aper.
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Signature of Affiant
Sworn and subscribed before me this~ day of ~k~ ' 2010
Notary Public:
Marsha F. Kirkwood
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Expires: September 15, 2013 Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Wednesday,February 17,2010 at 3:00 P.M.,or as soon thereafter as
may be heard, at the Murray E. Nelson Government Center, 102050
Overseas Highway, Key Largo,Monroe County, Florida, the Board of
County Commissioners of Monroe County,Florida,intends to consider the
adoption of the following County ordinance:
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 6-108; PROVIDING FOR WAIVERS OF SOME
FEES FOR AFFORDABLE HOUSING; 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.
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.
ADA ASSISTANCE:If you are a person with a disability who needs special
accommodations in order to participate in this proceeding, please contact ,
the County Administrator's Office,by phoning(305)292-4441,between the
hours of 8:30 a.m. - 5:00 p.m., no later than 2 working days prior to the
scheduled meeting;if you are hearing or voice impaired,call"711".
Dated at Marathon,Florida,this 26th day of January,2010.
sir
-1a '„ DANNY L.KOLHAGE,
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Clerk of the Circuit Court
ypillo‘
and ex officio Clerk of the Board of County
;., Commissioners of Monroe County,Florida
309616
January 31,2010 Key West Citizen
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CHARLIE CRIST
Govemor
STATE LIBRARY AND ARCHIVES OF FWRIDA
March 11,2010
Honorable Danny L. Kolhage
of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
KURT S. BROWNING
Secretary of State
Pursuant to the provisions of Section 125.66, Statutes, this will acknowledge receipt of your
letter dated March 4, 2010 and certified oe County Ordinance Nos. 004-2010 through
008-2010, whicb were filed in this office on March 9,2010.
Sincerely,
~~
Liz Cloud
LC/srd
RA Gray Building . 500
850.245.6600 . FAX:
see, Florida 32399-0250
. b<<p:l/dlis.dos.state. fl.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850.488.4894
LEGISLATIVE LIBRARY SERVICE
850.488.2812 . FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
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March 11, 2010
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr.
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Sincerely,
Liz Cloud
LC/srd