Item J6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2012
Bulk Item: Yes x No
Division: Growth Management
Department:
Staff Contact Person/Phone #: Christine Hurley
Phone No. (305) 289-2517
AGENDA ITEM WORDING: Approval to advertise a public hearing to consider adoption of an
Ordinance 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.
ITEM BACKGROUND: 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. 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 was required. A companion ordinance in the
Land Development Code is proposing a "Certificate of Compliance" program to replace inspection
upon permit which is in Section 6-107.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management _
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
ORDINANCE -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; )
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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 as provided by law.
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 day of , 2012.
Mayor David Rice
Mayor Pro tern Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
ATTEST:
DANNY L. KOLHAGE, CLERK
Lo
Deputy Clerk
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
MONqOE COUNTY ATTORNEY
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