Ordinance 008-2012 ORDINANCE 008 -2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING CHAPTER 6 OF THE MONROE COUNTY
CODE BY ELIMINATING SEC. 6-107 UNLAWFUL USES AND
IMPROVEMENTS; ELIMINATING INSPECTION WHEN A BUILDING
PERMIT IS REQUESTED AS REQUIRED BY CHAPTER 2011-82 LAWS OF
FLORIDA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO
THE SECRETARY OF STATE; FORVIDING FOR AN EFFECTIVE DATE;
PROVIDING FOR CODIFICATION.
WHEREAS, Monroe County (County) has three primary floodplain compliance programs to assure
illegal post-FIRM structures below base flood elevation are remedied:
1. Pilot Inspection Program for continuance of flood insurance required by FEMA
2. Inspection upon request for a building permit
3. Inspection upon sale;
WHEREAS, these three programs were confirmed in Resolution 15-2003 dated April 16, 2003, by the
Monroe County Board of County Commissioners(BOCC) as a remedial plan required by the Federal
Emergency Management Agency (FEMA) in order for Monroe County to remain in the National Flood
Insurance Program; and
WHEREAS,the remedial plan was implemented by ordinance and codified in the Monroe County Code
of Ordinances(MCC); and
WHEREAS, Chapter 2011-82 Laws of Florida,effective July 1, 2012, prohibits any County from
requiring an inspection of other areas which are not the subject of a building permit, which prevents
inspection by the County of downstairs enclosures upon application for a building permit if the work does
not affect the downstairs enclosure; and
WHEREAS, under Section 6-107 of the Monroe County Code, which was adopted as part of
performance under the original remedial plan (Resolution 15-2003), the process for inspection upon
building permit is as follows:
1. Homeowner asks for building permit and must submit property record card with application.
2. Staff reviews property record card to determine if living area exists in downstairs, then writes
letter to property owner notifying them of need for inspection.
3. Property owner calls for inspection.
4. Perform inspection.
5. If not in compliance with floodplain management ordinances, owners are notified of required
remedies.
6. If permit that was applied for originally was for something irrelevant to the downstairs
enclosures(e.g. roof,fence,etc.), permit is issued after inspection of downstairs area.
7. If not in compliance, and no remedy is made for downstairs enclosure in time period given
(3-6 months depending upon severity of violation (plumbing/electric requires permitting so
longer time period given),violation is referred to Code Enforcement.
8. Code Enforcement sends Notice of Violation (explaining violation, suggested solutions, and
who to contact to remedy) and sets hearing before Special Magistrate.
9. Special Magistrate hears case
a. If there is a finding that property is not in compliance:
i. Gives new compliance date
ii. Sets fines starting day after compliance date
iii. Property owner has 30 days to initiate appeal process
b. If there is a finding that property is in compliance case is dismissed.
WHEREAS,Chapter 2011-82 Laws of Florida,effective July 1,2012, nullifies the inspection upon
building permit process set forth above; and
WHEREAS, the BOCC finds that it is in the interest of the public safety,health and welfare that the
County remain in the National Flood Insurance Program to protect the property of the County's citizens,
infrastructure, and financing of construction and sales of real property; and
WHEREAS, a new Certificate of Compliance Program was proposed to FEMA and Resolution 440-2011
passed by the Monroe County Board of County Commissioners which FEMA has indicated is acceptable
to it as an alternative to"inspection upon permit"in the existing MCC provisions, specifically Sec. 6-107,
making Sec. 6-107 unnecessary and unusable for floodplain regulation enforcement;
NOW,THEREFORE,BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS:
Section 1.Chapter 6—Buildings and Construction of the Monroe County Code is amended as follows by
deleting Section 6-107: (additions are underlined; )
Sec.6 107. Unlawful uses and improvcments.
,
,
Code by the date specified in the permit.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged
by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or -
nullify the remainder of this Ordinance,but the effect thereof shall be confined to the section,paragraph,
subdivision, clause, sentence or provision immediately involved in the controversy in which such
judgment or decree shall be rendered.
Section 3 .Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of any
appropriate federal,state or county law,rule, code or regulation, the more restrictive shall apply.
Section 4. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida, and shall
become effective on July 1, 2012.
Section 5. Codification
The provisions of this ordinance shall be included in, or deleted from, the Code of Ordinances of the
County of Monroe, Florida, as an addition or amendment thereto and shall be appropriately numbered to
conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a
regular meeting held on the 18th day of April ,2012.
Mayor David Rice Yes
Mayor Pro tem Kim Wigington Yes
_;-_;;• . .:.-;-.. Commissioner Heather Carruthers Yes
h' .;,,;c----,L._.F`s \Commissioner George Neugent Yes
:,: \" Yes
/� ommissioner Sylvia Murphy
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ATTEST.E;/•7 MONROE COUNTY BOARD OF
''`n -- DANNY L.KOLHAGE, CLERK COUNTY 0 MISSIO RS
By: ��-�"�-� C• Lt4ldt42)� By:
Duty Clerk Mayor David Rice
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MONROE COUNTY COURTHOUSE NANA BRANCH OFFICE:
500 WHITEHEAD STREET, SUITE 101 �t PLANTATION KEY
• KEY WEST, FLORIDA 33040 ��. •` °'•. P� / GOVERNMENT CENTER
TEL. (305) 294 -4641 j 0: 1 # 88820 OVERSEAS HIGHWAY
• FAX (305) 295 - 3663 X111' , PLANTATION KEY, FLORIDA 33070
` yam' TEL. (305) 852 - 7145
BRANCH OFFICE: ,\ coiner' FAX (305) 852 - 7146
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305) 289 - 6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
May 3, 2012
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 7891
Dear Ms. Cloud,
Enclosed please find certified copies of Ordinance Nos. 007 -2012 cand 008 -2012, as
follows:
Ordinance No. 007 -2012 repealing Section 13 -1; Fire Prevention Code; 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.
Ordinance No. 008 -2012 amending Monroe County Code Chapter 122, Floodplain
Regulations, clarifying and deleting certain provisions; Creating Section 122 -7 Floodplain
Certificate of Compliance Program; Providing for severability; Providing for conflicting
provisions; Providing for transmittal to the State Land Planning Agency and the Secretary of
State; Providing for codification; Providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on April 18, 2012. 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: Isabel C. DeSantis, D.C.
cc: Municipal Code via certified mail 7010 1670 0001 0244 78111
County Attorney via e-mail
Growth Management Dir. via e-mail
Fire Chief, via e
File
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
May 8, 2012
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated May 3, 2012 and certified copies of Monroe County Ordinance Nos. 007 -2012 through 008 -2012,
which were filed in this office on May 7, 2012.
Sincer ly,
UJOAS
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 245 -6282
www. dos.state.fl.us
Page l of l
Pam Hancock
From: <ords @municode.com>
To: <phancock @ monroe- clerk.com >; <grimsley -susan @monroecounty - fl.gov>
Sent: Thursday, May 24, 2012 12:57 PM
Subject: Monroe County, FL Code of Ordinances - 2008 (14298) Supplement 7 Update 1
****THIS IS AN AUTOMATICALLY GENERATED EMAIL****
Below, you will find the material that we have received/recorded to your account. This material
is being considered for inclusion in your next/current update, Supplement 7 Update 1
Document Adopted Recorded Recorded
Date Format
Ordinance No. 003- 2/15/2012 4/24/2012 Word
2012
Ordinance No. 007- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No 008- 4/18/2012 5/22/2012 Hard Copy
2012
Ordinance No. 009- 5/16/2012 5/24/2012 PDF
2012
Ordinance No 025- 12/14/2011 4/24/2012 Word
2011
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
5/24/2012