The URL can be used to link to this page

Resolution 180-2010 RESOLUTION NO 180-2010 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA IMPLEMENTING STATUTORY EXTENSIONS OF DEVELOPMENT ORDER AND BUILDING PERMITS PURSUANT TO SENATE BILL 1752; IMPOSITION OF ADMINISTRATIVE PROCESSING FEES; PROVIDING FOR COUNTY ADMINISTRATOR AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Governor of the 8tate of Florida signed 8enate Bill 1752, into law on May 28, 2010; and WHEREAS, among other things 8B1752 mandates a two-year extension of local government issued development orders and building permits that have an expiration date of 8eptember 1, 2008 through January 1, 2012, under certain circumstances and in recognition of the current real estate market conditions; and WHEREAS, the two-year extension provided for pursuant to 8B1752 extends and renews the development orders and building permits from the date the permit expired or will expire; and WHEREAS, 8B1752 further provides that the holder of a valid development order or building permit or other authorization that is eligible for the two-year extension must notify the local government in writing no later than December 31,2010, identifying the specific authorization(s) for which the holder intends to use the extension and the anticipated timeframe for acting on the authorization; and WHEREAS, 8B1752 further provides that the holder of a valid development order or building permit or other authorization that is eligible for an additional two-year extension over and above the 2 year extensions granted under 8B360 must notify the local government in writing no later than December 31,2010; and WHEREAS, 8B1752 further provides that permits that receive the two-year extension will continue to be governed by rules in effect at the time the permit was issued, except when it can be demonstrated that the rules in effect at the time the permit was issued would create an immediate threat to public safety or health; and WHEREAS, 8B1752 further provides that the local government may continue to require the ownerlholder to maintain and secure the property in a safe and sanitary condition in compliance with applicable laws and ordinances; and WHEREAS, in order to provide clarity and effectuate the intent of 8B1752 within Monroe County it is prudent to establish administrative procedures and fees to properly WHEREAS, in order to carry out the administrative procedures and process the requests made in accordance with the requirements of SB 1752, it is necessary to authorize the County Administrator, or his designee, to draft and execute the appropriate documents to implement SB 1752 and grant the extensions identified herein; NOW THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Recitals incorporated. The above recitals as set forth in the various "Whereas" clauses are hereby adopted and incorporated into the body of this Resolution. Section 2. Authorizations. The County Administrator is authorized to: (a) Promulgate formes) for requests for building permit extensions and development order extensions pursuant to SB 1752; (b) Accept and process requests for extensions properly made in accordance with this Resolution, Monroe County Ordinances and Codes, SB 1752, and other applicable laws and regulations; (c) Execute appropriate documents to implement such extension(s) upon written request made in accordance with this Resolution and pursuant to SB 1752; and (d) Impose the following administrative processing fee for each extension requested, plus recording costs, if any, in order to process the request: (1) For Development Orders: a fee set according to Monroe County Code Section 102-19(9) per development project (regardless of the number of Development Orders associated with the project). (2) For Building Permits: $250.00 per development project (regardless of the number of associated site construction, mechanical, gas, electrical, or plumbing permits ). Section 3. Procedures to request extension. (a) Any holder of a Building Permit or Development Order with an expiration date of September 1, 2008 through January 1,2012, may apply for a SB1752 extension on the application formes) provided by the County Administrator. In order to be processed, a completed application with payment of fee, must be received by the County Administrator or designee on or before 4 p.m. on December 31,2010. (b) Upon submission of a completed application and payment of the administrative fee, the County Administrator, or designee, shall process the application and send a written acknowledgement to the holder. In the event the holder is not the same person/entity as shown on the face of the Development Order or Building Permit, the holder shall provide all legal documentation necessary for the County Administrator or designee, to verify that the holder is eligible to apply for the extension. (c) The written acknowledgement shall state whether the application is approved or denied and, if denied, shall state the grounds for denial. Grounds for denial shall include, but not be limited to: (1) Submittal of incomplete application or failure to pay the prescribed administrative fee; (2) Failure to adhere to the requirements of this resolution, Monroe County ordinances or codes, or SB 1752; (3) The building permit or development order is determined to be in significant noncompliance with the conditions of the building permit or development order, as established through the issuance of a warning letter or notice of violation, the initiation of formal enforcement, or other equivalent action by the authorizing body, prior to the date of the application for extension. (4) If granting an extension to the building permit or development order would delay or prevent compliance with a court order. Section 4. Requirements and limitations on extension. (a) A Building Permit or Development Order extended under this Resolution shall continue to be governed by the laws in effect at the time the Building Permit or Development Order was issued, except when it can be demonstrated that the laws in effect at the time the Building Permit or Development Order was issued would create an immediate threat to the public safety or health. (b) The holder of an extended Building Permit or Development Order shall throughout the term of the extension maintain and secure the property in a safe and sanitary condition in compliance with all applicable laws and ordinances. (c) The holder of an extended Building Permit or Development Order shall, throughout the term of the extension, have a continuing obligation to notify the Planning and Building Department of any change in the status of the holder as it relates to the extension such as, but not limited to, change of entity name, transfer of property, death or foreclosure. Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption by the Board of County Commissioners of Monroe County, Florida and upon the effective date of SB 1752. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County Florida at a regular meeting of said Board on the 16th day of June, 2010. Mayor Sylvia J Murphy Mayor Pro Te(Y) Heather Carruthers Commissioner Mario DiGenaro Commissioner George Neugent Commissioner Kim Wigington Yes Not: Present: Yes Yes Yes BOARD OF COUNTY COMMISSIONERS OF MONR~EJD,U~~RIDA BY:~.~ (SEAL) ATTEST: Danny L. Kohlage, CLERK ShOL~ C I ~~~V Deputy Clerk Mayor Sylvia J. Murphy MONROE COUNTY ATTORNEY -:!:' fP.~~~TO FORM 0118: ~ -:;.. :r."!:fj /0 C) _ 0:::: ..:t' o c..:> ~ 1l..J Q: ~ Ct:: a C\J Ll-. I a :::::t k! ::::; -.J c::::, ;;: - ::e 1':"'1 <.::J ~;;'j > :