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Ordinance 012-2011 • ORDINANCE 012 - 2011 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CLARIFYING THE ELIGIBILITY FOR WAIVER OF BUILDING PERMIT APPLICATION FEES AND BUILDING PERMIT FEES FOR AFFORDABLE HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Monroe County has allowed exemptions and waivers of building permit application fees and for building permits for affordable housing by past ordinances; and WHEREAS, this waiver has been interpreted to waive the fees for the entire project being built including amenities and structures over and above the actual dwelling units being constructed; and WHEREAS, the County desires to provide the incentive and points required by the Florida Housing Finance corporation and other programs using state and federal funding which award points based on the applicable government entity waiving affordable housing building permit fees while still collecting fees to cover the costs of services rendered; NOW THEREFORE, BE IT RESOLVED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1. Section 6 -108 of the Monroe County Code is amended as follows: * * * * * (e) Waivers. Any entity may apply to the board of county commissioners for fee waivers from the building permit and building permit application fees for construction or renovation of affordable, low or very low income housing intended for occupancy for those households with income up to 120 percent 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 120 percent for qualification for occupancy may apply for a waiver from building permit and permit application fees only if the specific project for development is being subsidized with or is leveraging state or federal funding. All such waivers apply only to the individual housing units being constructed. There are no other waivers of permit fees. * * * * * 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 in 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 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 21st day of September , 2011. Mayor Heather Carruthers Yes Mayor pro tem David Rice Yes o m Commissioner Kim Wigington Yes Commissioner George Neugent Yes -� m c_ Commissioner Sylvia J. Murphy Yes _ o ;y cD 0 a% #14 p cocas, NNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS 4 i OF MONROE COUNTY, FLORIDA O . r OO / B Deputy Clerk Mayor Heather Carruthers tvl r AFTORNEY OvEDASTOF• -'M ,P09 MONROE COUNTY COURTHOUSE Nom\ BRANCH OFFICE: �'couHry 1 500 WHITEHEAD STREET, SUITE 101 ti c ( PLANTATION KEY KEY WEST, FLORIDA 33040 / "•,P, GOVERNMENT CENTER TEL. (305) 294 -4641 * . 1�'� # 88820 OVERSEAS HIGHWAY FAx (305) 295 -3663 / PLANTATION KEY, FLORIDA 33070 •1 ° t' •` :' TEL. (305) 852 -7145 BRANCH OFFICE: `I � � � "`��� FAx (305) 852 -7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARAT FLORIDA 33050 50 HIGH POINT ROAD TEL. (305) 289 -6027 MONROE COUNTY PLANTATION KEY, FLORIDA 33070 FAx (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145 FAx (305) 853 -7440 October 11, 2011 Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399 -0250 Via Certified Mail 7010 1670 0001 0244 7617 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 012 -2011 amending Monroe County Code Section 6 -108 clarifying the eligibility for waiver of building permit application fees and building permit fees for affordable housing; Providing for severability; Providing for repeal of inconsistent provisions; Providing for incorporation into the Monroe County Code; Providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on September 21, 2011. 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: County Attorney via e-mail Growth Management via e -mail & courier File U.S. Postal ServiceTr., CERTIFIED MAIL, RECEIPT r` (Domestic Mail Only; No Insurance Coverage Provided) ra For delivery information visit our website at www.usps.comp Y 'P 4 3n N r u Postage ME= Certified Fee Z Postmark Return R / � Here • D (Endorsement Required) eceipt Fee 3 V D • Restricted Delivery Fee (Endorsement Required) al Total Postage & Fees Sent To Program Administrator '� dmirristrative - Weekty D ,street, Apt N o or P Box t yst A Gray. Buiid.ing Gy_ 7 South Bronough Street o PS Form 380( .\L in,s 2 t 'nstructions 1 STATE OF FLORIDA .P60/6 Ds* Jhbox Est tat COUNTY OF MONROE Cooke Communications, LLC Florida Keys Before the undersigned authority personally appeared Randy G. Erickson, Danielle Cleghorn who on oath says that he is Vice - President of Operations of the Key West PO Box 1800 Key West Fl 33041 Citizen, a daily newspaper published in Key West, in Monroe County, Office....305 292 - 7777 Florida; that the attached copy of advertisement, being a legal notice in the Extension x219 matter of Fax 305 - 295 -8025 legalsakevsnews,com ,� fait A ✓ j �� �rdti'1 ran 51 a iol Jv � / rf INTERNET PUBLISHING ((�/ keywest.com ,0 11 f 1 • • at Did/ it n C L° keysnews.com floridakeys.com key - west.com was published in said newspaper in the issue(s) of Web Design Services ll `` l_ � 3f O�CI • NEWSPAPERS (S The Citizen Southernmost Flyer Affiant further says that the Key West Citizen is a newspaper published in Solaces Hill Key West, in said Monroe County, Florida and that the said newspaper has Big Pine Free Press Marathon Free Press heretofore been continuously published in said Monroe County, Florida every Islamorada Free Press day, and has been entered as second -class mail matter at the post office in Key Key Largo Free Press West, in said Monroe County, Florida, for a period of 1 year next preceding MARKETING SERVICES the first publication of the attached copy of advertisement; and affiant further Commercial Printing Citizen Locals Card says that he has neither paid nor promised any person, firm or corporation any Direct Mail discount, rebate, commission or refund for the purpose of securing this FLORIDA KEYS OFFICES advertisement for publication in the said newspaper. Printing / Main Facility 3420 Northside Drive Key West, FL 33040 -1800 Tel 305 - 292 -7777 Fax 305 -294 -0768 Signature of Affiant citizen(uaeywest.com Internet Division 3/ 33040 -3328 Sworn and subscribed before me this / day of dk a , 2011 Tel 305 - 292 -1880 Fax 305 - 294 -1699 01WIIIII1/i sales ©keywest.com ;0,11E Cz Notary Public: 4 • � �OMM s,:•. ,. Qs Middle Keys Office S � kC 1q �. D 6363 Overseas Hwy * • ` Marathon, FL (MM 52.5) D Cleghorn a Z • o 33050 -3342 Tel 305 - 743 -8766 "A& FF48921 .acs. • *` m ar 305-743-9977 at on evss �� Ai 49l7C STATE O FF� O` Upper Keys Office Expires: December 14, 2014 Notary s ea l 91731 Overseas Hwy Tavernier, FL 33070 Tel 305 - 853 -7277 Fax 305 - 853 -0556 freepress @floridakeys.com Personally Known x Produced Identification Type of Identification Produced • PUBLIC NOTICE ' NOTICE OF INTENTIo CONSIDER ADOPTION I OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO -WHOM IT MAY CONCERN that on Wednesday, September 21, 2011 at 3:00 P.M., or as soon thereafter as may be heard, at p� the Marathon Government CC CV Li t-7 Center,2798 Overseas Highway, CD (2nd Floor) Marathon, Monroe C a County, Florida, the Board of l Lt , County Commissioners of `$ , Monroe County,Florida,intends CC .° (.J ' • • to consider the adoption of the CD O? 'c - following County Ordinance: • li. (.:.: , Q t L 1CD AN ORDINANCE BY THE i/3 = MONROE COUNTY BOARD OF . '— y] = COUNTY COMMISSIONERS a CLARIFYING THE ELIGIBILITY FOR WAIVER OF BUILDING PERMIT APPLICATION FEES ' AND BUILDING PERMIT FEES FOR AFFORDABLE HOUSING; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; • PROVIDING FOR AN Fur.. EFFECTIVE DATE. Flori. cant to Section 286.0105,' that r a, any deci5 Statutes, notice is given withrespe� corsidered y°person decided to appeal n made by the Board meetings, he Ito any matter the proceedingst purpose, he mar such hearings or fill need a record of that a verbatim reL and that,for such proceedings is Y need to ensure record includes the tes`d of the evidence upon which the€pi,..which 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 five (5) calendar days prior to the scheduled meeting; if you are hearing or voice impaired, call "711". ' Dated at Marathon, Florida, this . 26th day of August,2011. DANNY L.KOLHAGE, Clerk of the Circuit Court ' and ex officio Clerk of the Board of County ' Commissioners of Monroe County,Florida ust31,2011 ® - ■ • • @ Cn -a o w / \ m q >8� -Q §} e o / g oE�=\° 0 o / ( $ \ \ r { \ } k / �� ] 5 § / �li\/ E © / $k D3E 0 / « § \ ) \ 7 0 0 o \ 2 / / �j / / / \ J\£wA\ ( ] f M &e4a n g § q \ �� \ °- g CD _ a) a a w w Et e n ro =_ O. a / k 1- /§/ i/ §% §� 0 �m m� 3 a0 �� \ ■ I � �g0 o / o e 0s< = —B 0 \ ƒ » g k _1 0 c m a # < 2� / / \ 0 .. \ , o a ; p 0 X) \ a cr , _ \ o \ P P x n = ❑OB/ q - CO 0 CD R } /J /{ § k A M g \ EEA22 2Q \ � \ �(£ #E� \ 3 0. ( R � -0 ❑OO j \ ko�J $� a & o @ a,� 2 Er § iZ�� 2 ��AK 7 � \ '- • p i" \ Do ❑ / 00 k ❑❑ rP / % E/ ; » \ v g$ K ; ` / w CD 7 Co O.- _„ c . 2iT., 6 • N ou o x ma z 0 m o Cn iL dDn- c a •— U + w . w N 0 - p CI) 0 rn - vi CO I 2 O ,x - -0 U O ■■■•■■■ 0 Cr) 07 +J U M . w 03 0 14 E oxcow as U C L a a x a u O 0 •• 0 3 w >+ �+ G pa 5 c O 4-I 0 a C Q Z' -4 w w ( �; J CO 1-- a co 0 a_ a- L CD CO w - 0 F 4) c cn • 0 w 1— Z D - -. __ ._ _. _ . �..,_ ... . <._.____.... . „_,w..•�.»- __„„,,....�.....•. ,,.�....,<�.. ...14.....14.- °. dF A. • %/:== c ob um sa. FLORIDA DEPARTMENT Of STATE RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING Governor Secretary of State October 18, 2011 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pamela G. Hancock, Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 11, 2011 and a certified copy of Monroe County Ordinance No. 012 -2011, which was filed in this office on October 17, 2011. Sincerely, eideA Liz Cloud Program Administrator LC /jw -, 1 ty -g- ' c) O R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov Commemorating 500 years of Florida history www.fla500.com ■-iks VIVA FLORIDA 500_ VIVA FLORIDA 50 0_