Item S37
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
July 20, 2016
Agenda Item Number: S.3
Agenda Item Summary #1808
BULK ITEM: DEPARTMENT:
Yes County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Christine Hurley (305) 292-4441
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
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.
ITEM BACKGROUND:
Monroe County, until recently, had approximately 61,000 building permits in "open" status. Staff
has worked diligently to reduce this number administratively. Such efforts to date have included
closing older permits that were transferred to newer municipalities and closing older permits for non-
life-safety issues such as fences.
Unfortunately, many open permits go back decades and remain as "open" in our system. The Board
of County Commissioners directed staff to seek a solution to this issue. Florida Statute Section
468.04 appears to impose a duty on the local Building Official to inspect work performed prior to
"closing" a permit. Issues arise when permits were pulled years or decades ago and the current
property owner is unaware that these permits even exist and are open. A change in the statewide real
estate purchase contract form in 2013 brought open permit disclosures to the public forefront.
In order to both assist the public in reducing the number of older open permits and simultaneously
not place the County's Building Official in peril, it is suggested that all permits applied for prior to
the effective date of Florida Statute § 468.04 be deemed administratively closed. The effective date
of the Statute is October 1, 1998. This will close approximately 22,000 permits in our system. When
combined with the pervious actions taken by staff, this will result in the original 61,000 permits
being reduced to approximately 23,000 open permits remaining. The Building Official is being
indemnified in the ordinance for these administrative closures.
PREVIOUS RELEVANT BOCC ACTION:
March 23, 2016: Discussion and direction to staff regarding open permits.
CONTRACT/AGREEMENT CHANGES:
N/A
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STAFF RECOMMENDATION:
Approve Ordinance.
DOCUMENTATION:
building permit ordinance
building permit ordinance underline-strikethrough
Notice of Intention to Consider Adoption of County Ordinance re: Building Officials Authority and
Duties re permits BOCC 7 20 16 PH
BOCCitem for closing permits prior to 19XX_number of permits
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Assistant County Administrator Christine Hurley Completed
06/27/2016 4:34 PM
Rick Griffin Completed 06/28/2016 8:05 AM
Bob Shillinger Completed 06/29/2016 1:30 PM
Steve Williams Completed 07/01/2016 8:05 AM
Maria Slavik Completed 07/01/2016 8:24 AM
Kathy Peters Completed 07/01/2016 9:54 AM
Board of County Commissioners Pending 07/20/2016 9:00 AM
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERNJuly 20, 2016at 3:00
that on
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:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 6-55 REGARDING THE
BUILDING DEPARTMENT AND THE BUILDING
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
th
Dated at Key West, Florida, this 27 day of June, 2016.
AMY HEAVILIN, Clerk of the Circuit Court
(SEAL) and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Wed) 6/29/16
Keynoter (Sa) 7/2/16
Reporter (Fr) 7/1/16
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*ExcludesPermitTypesthatareROGO,NROGOandTEMPUSE/STRUCT/TENTS,CHANGEOFOCCUPANCY,
REINVEST,Reconnect/SafetyElectrical,LowVoltageAlarms,VacationRentals,ChangeofUse/AddUse,All
FEMA/FLOODPLAINpermits.
W:\Building\TECHNOLOGY\SunGard\Reports\Permitting\PermitCleanUp\BOCCitemforclosingpermitspriorto19XX_numberofpermits.docx
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