Ordinance 022-2016ORDINANCE J ' - 2016
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 6 -55 REGARDING THE
BUILDING DEPARTMENT AND THE BUILDING
OFFICIAL'S AUTHORITY AND DUTIES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners has directed staff to seek a solution
concerning the approximate 61,000 outstanding open building permits; and
WHEREAS, certain actions have already been administratively performed to remove
significant portions of those open permits from County rolls such as closing those permits
that were transferred to the appropriate municipalities; and
WHEREAS, County staff research reveals that there exists a significant number of dated
and open building permits that can be addressed by imposing burdens on current property
owners or adopt a mechanism to administratively close out those permits; and
WHEREAS, Florida Statute section 468.604 outlines the responsibilities of building
officials throughout the State; and
WHEREAS, Florida Statute section 468.604 imposes a duty on building officials to
inspect and ensure that work is performed in accordance with applicable sections of the
Florida Building Code; and
WHEREAS, there is no language found in Florida Statute section 468.604 or any other
chapter or section concerning either the expiration or the duty of the Building Official to
inspect all permits or the ability to close permits; and
WHEREAS, Monroe County seeks to clarify the authority and duties of its Building
Official without contravening Section 468.04 of the Florida Statutes; and
WHEREAS, Florida Statute section 468.604 was first adopted and became effective on
October 1, 1998; and
WHEREAS, Monroe County seeks to close any and all open permits that existed prior to
section 468.04's effective date by authorizing the Building Official to do so without the
necessity of time consuming and research intensive inspections; and
WHEREAS, section 468.04 does not expressly or impliedly pre -empt Monroe County
from acting in the building permitting sector. Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. Sarasota Alliance
for Fair Elections,lnc. v. Browning, 28 So.3d 880, 886 (Fla. 2010). Such clear language is
not found in section 468. Implied preemption is found where the state legislative scheme
of regulation is pervasive and the local legislation would present the danger of conflict
with that pervasive regulatory scheme. Tribune Co. v. Cannella, 458 So.2d 1075, 1077
(Fla. 1984). An introduction of administratively closing old permits poses no danger of
conflict to the statutory provision of 468.04 as that section is silent as to permit expiry.
WHEREAS, Monroe County considers this old permit closure process to be a
discretionary function of the Building Department as part of the basic policy- making,
planning, or judgmental governmental functions which are inherent in the purposes of the
Building Department; and
WHEREAS, Monroe County recognizes that due to the muteness of the Florida Statutes
concerning closing very old permits, theoretically, a claimant could attempt to make a
claim or raise a civil cause of action against a County Building Official relating to an old
permit that is administratively closed without inspection; and
WHEREAS, Monroe County considers the likelihood of such claims and civil causes of
action small and remote, however the County shall indemnify and defend the Building
Official against any claims resulting from an allegation concerning an administratively
closed building permit; and
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1 . Section 6.55 shall be amended as follows:
Sec. 6 -55. Building Department.
(a) Organization and administration. There is hereby established a department called
the building department headed by the building official. Upon recommendation of the
county administrator, the department shall be assigned to the division of county
government that the board of county commissioners determines appropriate. The county
administrator with the approval of the board of county commissioners shall designate the
building official.
(b) Employee qualifications. The building official shall be licensed as a building code
administrator by the state. All appointed or hired inspectors and plan examiners shall
meet the qualifications for licensing in the appropriate trade as established by the state.
(c) Building official authority and duties. The building official shall have authority to
administer, interpret, and enforce provisions of the Florida Building Code, flood plain
management regulations, and this chapter. Such authority, jurisdiction, and duties shall
include the following:
(1) To process building permit applications and issue and revoke building
2
permits;
(2) To inspect sites, buildings and structures as required by this chapter,
the Florida Building Code and the Standard Unsafe Building Abatement
Code;
(3) To issue and revoke certificates of occupancy;
(4) To maintain building permits, financial, and other public records related to
the department's affairs;
(5) To establish such policies and procedures necessary for the administration
of his responsibilities under the Florida Building Code and this chapter;
(6) To provide a recording secretary for the purpose of keeping the board
of adjustment and appeals;
(7) To be the official source to render interpretations of this chapter and
the Florida Building Code;
(8) To enforce provisions of the Florida Building Code and this chapter;
(9) To issue stop work orders;
(10) To conduct all other such duties and responsibilities as are otherwise
required by this chapter;
(11) To determine the extent of damage or destruction of nonconforming uses
and structures, in cooperation with the planning director;
(12) To review building permit applications for repair within areas of special
flood hazard to determine that the proposed repair satisfies the requirements of
the floodplain management provisions of the code;
(13) To review building permit applications for new construction or substantial
improvement within areas of special flood hazard to ensure that the proposed
construction (including prefabricated and mobile homes) satisfies the floodplain
management requirements of the code;
(14) To advise permittees that additional federal or state permits may be
required, and if specific federal or state permits are known to have been issued,
to require that copies of such permits be obtained and provided and maintained
on file with the building permit application;
(15) To notify adjacent communities and the Florida Department of
Community Affairs prior to any alteration or relocation of a watercourse, and
to submit evidence of such notification to the Federal Emergency Management
Agency;
(16) To ensure that maintenance is provided within the altered or relocated
portion of a watercourse so that the flood - carrying capacity is not diminished;
(17) To verify and record the actual elevation (in relation to mean sea level) of
the lowest floor (including basement) of all new or substantially improved
structures;
(18) To verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been floodproofed;
(19) In coastal high - hazard areas, to review certifications obtained from
registered professional engineers or architects that the structure is securely
anchored to adequately anchored pilings or columns in order to withstand
velocity waters and hurricane wave wash;
(20) To make interpretations, as needed, as to the exact location of boundaries
of the areas of special flood hazard;
(2 1) When base flood elevation data has not been provided in accordance
3
with chapter 122, to obtain, review and reasonably use any base flood
elevation data available from a federal, state or other source in order to
administer the floodplain management provisions of the code;
(22) To provide the board of county commissioners and the planning
commission with reports and recommendations with respect to matters
before such bodies, as directed by the board of county commissioners,
growth management division director or planning director, or the county
administrator; and
(23) To administratively review those building permits issued before October
1, 1998 and close said permits if no known factor exists to keep said permit
open.
(d) Defense of Building Official. The County shall defend the Building Official in
any action wherein the Building Official's act of administratively closing an open
permit is challenged. If said defense is unsuccessful, the County shall be responsible
for any damages resulting directly from the action against the Building Official.
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. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but
shall not become effective until a notice is issued by the Department of Community
Affairs or Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto,
M
and shall be appropriately renumbered to conform to the uniform marking system of
the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on day of �, 2016.
Mayor Heather Carruthers Y 65
Mayor pro tem George Neugent Ye s
Commissioner Danny L. Kolhage YE 5
Commissioner David Rice yes
Commissioner Sylvia J. Murphy Y E 5
MON OE COUNTY AX7PRNEY
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BOARD OF COUNTY COMMISSIONERS
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NOTICE -OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on July 20, 2016 at 3:00
P.M., or as soon thereafter as
may be heard, in the
Marathon Government
Center, 2798 Overseas
Highway, Mile Marker 50,
Marathon, Monroe County,
Florida, the Board of County
Commissioners of Monroe
County, Florida, intends to
consider the adoption of the
following County ordinance:
RECEIVED
KEY WN STATE OF FLORIDA JUL 8 2016
vsp.P.. Est. 1876 COUNTY OF MONROE mowm mmTv ATTQ w,
ms, LLC
Before the undersigned authority personally appeared Paul Clarin, who on
oath says that he is Publisher of the Key West Citizen, a daily newspaper
'77 published in Key West, in Monroe County, Florida; that the attached copy of
advertisement, being a legal notice in the matter of
AN ORDINANCE BY THE 25
MONROE COUNTY BOARD ;om
OF COUNTY
COMMISSIONERS
AMENDING MONROE
COUNTY CODE SECTION 6-
55 REGARDING THE
BUILDING DEPARTMENT
AND THE BUILDING
OFFICIAL'S AUTHORITY AND
DUTIES; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF
CONFLICTING PROVISIONS;
FOR AN EFFECTIVE DATE.
Pursuant to Section
286.0105, Florida Statutes,
notice is given that if a person
decides 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 five (5)
calendar days prior to the
scheduled meeting; if you are
hearing or voice impaired, call
"711 ".
Dated at Key West, Florida, this
27th day of June, 2016.
AMY HEAVILIN,
Clerk of the Circuit Court
and ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
June 29, 2016
4ey West Citizen
0-h c, , � +o I d
was published in said newspaper in the issue(s) of
Z- 0 16
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 newspaper.
Signature of Affiant
Sworn and subscribed before me this � I day of June, 2016
Notary Public: DnJM KAW1 SKY
;= MY COMMISSIGN # FF 944194
�.: EXPIRES: January ?, 2020
o« Bonded Thru Notary ?ubuc Underwriters
i
Dawn Kawzinsky
Expires: 1/4/2020
Notary Seal
Personally Known x Produced Identification
Type of Identification Produced
RECEIVED
JUL 112016
MONROE COUNTY ATTORNEY
Ad# 2537703
F L O A 1 O A K E Y S
I NOTICE OF INTENTION
KEYNOTES
CONSIDER ADOPTION OF
Published Twice Weekly
COUNTY ORDINANCE
Marathon, Monroe County, Florida
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on July 20, 2016 at
PROOF OF PUBLICATION
P assoonthere-
after
after as may be heard, in the
Marathon Government Cen-
ter, 2798 Overseas Highway,
STATE OF FLORIDA
Mile Marker 50, Marathon,
COUNTY OF MONROE
Monroe County Florida, the
Board of County Commission -
Before the undersigned authority personally
ers of Monroe County, Florida,
appeared RICHARD TAMBORRINO who on
I intends to consider the adop-
oath, says that he is PUBLISHER of the
tion of the following County
FLORIDA KEYS KEYNOTER, a twice weekly
ordinance:
newspaper published in Marathon, in Monroe
AN ORDINANCE BY THE
County, Florida: that the attached copy of
MONROE COUNTY BOARD
e.. was published in said
�, er*is ment
OF COUNTY COMMISSION -
newspaper In the Issues of: (date(s) Of
ERS AMENDING MONROE
COUNTY CODE SECTION
publi ation)
6 -55 REGARDING THE
BUILDING DEPARTMENT
AND THE BUILDING OFFI-
CIAL'S AUTHORITY AND
DUTIES; PROVIDING FOR
i SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICT-
ING PROVISIONS; FOR AN
Affiant further says that the said FLORIDA
EFFECTIVE DATE.
KEYS KEYNOTER is a newspaper published at
Marathon, in said Monroe County, Florida, and
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
that the said newspaper has heretofore been
en that if a person decides to
continuously published in said Monroe County,
appeal any decision made by
Florida, twice each week (on Wednesday and
the Board with respect to any
Saturday) and has been entered as a second
matter considered at such
hearings or meetings, he will
Class mail matter at the post office in
need a record of the proceed -
Marathon, in Monroe County, Florida, for a
ings, and that, for such pur-
period of one year next preceding the first
pose, he may need to ensure
that a verbatim record of the
publication of the attached copy of
proceedings is made, which
advertisement. The affiant further says that
record includes the testimony
he has neither paid nor promised any person,
and evidence upon which the
firm, or corporation any discount, rebate,
appeal is to be based.
commission or refund for the purpose of
ADA ASSISTANCE: If you
securing this advertisement for publication in
are a person with a disability
the said newspaper(s) and that The Florida
who needs special accom-
Keys Keynoter is in full compliance with
modations in order to partici-
Chapter SO of the Florida State Statutes on
pl contact the County
Legal nd Official Advertisements.
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
Richard Tamborrino, Publisher
to the scheduled meeting;
if you are hearing or voice
impaired, call "711 ".
Sworn to and subscribed before me this
Dated at Key West, Florida,
this 27th day of June, 2016.
Day of , 2016
AMY HEAVILIN, Clerk of the
Circuit Court (SEAL) and ex
officio Clerk of the Board of
County Commissioners of
N to ry
Monroe County, Florida
(SEAL)
Published July 2, 2016
Florida Keys Keynoter
BEVERLL ER
MY COMMISS 108704
"�EXPIRES: 2018 Bonded Thru Notanderwriters
RECEIVED
JUL 112016
MONROE COUNTY ATTORNEY
THE REPORTER
Published Weekly
Tavernier, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally
appeared RICHARD TAMBORRINO who on
oath, says that he is PUBLISHER of THE
REPORTER, a weekly newspaper published in
Tavernier, in Monroe County, Florida: that the
attached copy of advertisement was published in
said newspaper in the issues of: (date(s) of
publication)
,L7
Affiant further says that the said THE
REPORTER is a newspaper published at
Tavernier, in said Monroe County, Florida, and
that the said newspaper has heretofore been
continuously published in said Monroe County,
Florida, each week (on Friday) and has been
entered as a second class mail matter at the
post office in Tavernier, in Monroe County,
Florida, for a period of one year next preceding
the first publication of the attached copy of
advertisement. The 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
newspaper(s) and that The THE REPORTER is
in full compliance with Chapter 50 of the Florida
Sate Statutgs on Legal and Official
Advertisem
Richard Tamborrino, Publisher
Sworn to and subscribed before me this
Day of 2016
ary
(SEAL)
BEVERLYTRAEGER
MY COMMISSION ii FF 108704
a: EXPIRES: April 18, 2018
Bonded Thru Notary Public Underwrite s
Ad# 2537737
NOTICE OF INTENTION TO
CONSIDER ADOPTION OF
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CON-
CERN that on July 20, 2016 at
3:00 P.M., or as soon there-
after as may be heard, in the
Marathon Government Cen-
ter, 2798 Overseas Highway,
Mile Marker 50, Marathon,
Monroe County, Florida, the
Board of County Commission-
ers of Monroe County, Florida,
intends to consider the adop-
tion of the following County
ordinance:
AN ORDINANCE BY THE
MONROE COUNTY BOARD
OF COUNTY COMMISSION-
ERS AMENDING MONROE
COUNTY CODE SECTION
6 -55 REGARDING THE
BUILDING DEPARTMENT
AND THE BUILDING OFFI-
CIAL'S AUTHORITY AND
DUTIES; PROVIDING FOR
SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICT-
ING PROVISIONS; FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105,
Florida Statutes, notice is giv-
en that if a person decides 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-
ings, 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.
ADA ASSISTANCE: If you
are a person with a disability
who needs special accom-
modations in order to partici-
pate 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 Key West, Florida,
this 27th day of June, 2016.
AMY HEAVILIN, Clerk of the
Circuit Court (SEAL) and ex
CONTINUED IN NEXT COLUMN
officio Clerk of the Board of
County Commissioners of
Monroe County, Florida
Published July 1, 2016
The Reporter
RECEIVED
JUL I 12016
MONROE COUNTY ATTORNEY
AMY NEAVILIN, CPA
CLERK Of CIRCUR COURT &COMPTROLLER
Mr. Ernest L. Reddick, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Dear Mr. Reddick,
Enclosed please find a certified copy of Ordinance No. 022 -2016 A Public Hearing to consider
approval of an Ordinance amending Monroe County Code Section 6 -55 regarding older building permits
and the Building Official's authority and duties.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 20, 2016. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
R 7 ectfull su tted,
Mtr .
Amy He ilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Cheryl Robertson, D. C.
cc: County Attorney via e -mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e -mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305- 852 -7146
July 27, 2016
FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
July 27, 2016
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Cheryl Robertson, Executive Aide
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 022 -2016, which was filed in this office on July 27,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.tl.us