Item K11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 201
Bulk Item: Yes X No
Department: Building
Staff Contact Person/Phone #: Christine Hurley, 289-2517
Ed Koconis, 453-8727
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider an amendment to
Section 6-108 of the Monroe County Code amending the process for the refund of fees paid for permits
related to Chapter 6 "Buildings and Construction" of the Monroe County Code.
ITEM BACKGROUND: The Monroe County Code requires that the Board of County
Commissioners approve all refunds of fees paid for permits. Occasionally refunds are justified due to
either unusual circumstances that are specific to certain situations or errors made by county staff. The
building official is responsible for making the initial determination of a justification for a refund of
fees related to Chapter 6 "Buildings and Construction" of the Monroe County Code. Therefore staff
proposes the amendment to authorize the Building Official, with concurrence from the Planning
Director, to issue refunds consistent with the Monroe County Code and fee schedules as adopted by the
Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION: October 30, 1973 — BOCC approved Ordinance No.
007-1973 which included language IX. Refunds "No monies paid for permits shall be refunded for
any reason without the approval of the Board of County Commissioners of Monroe County, Florida."
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATION: Approval to Advertise a Public Hearing for 3:01p.m. (approximate)
on September 16, 2015 at the Nelson Government Center in Key Largo.
TOTAL COST: NIA INDIRECT COST: N/A BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: NIA SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes _ No NIA AMOUNT PER MONTH NIA Year
APPROVED BY: County AttyIy OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
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7 ORDINANCE - 2015
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10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
12 6-108 FEES OF CHAPTER 6 BUILDINGS AND CONSTRUCTION;
13 AMENDING THE PROCESS FOR REFUNDS; PROVIDING FOR
14 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
15 PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE
16 COUNTY CODE; PROVIDING FOR TRANSMITTAL TO THE
17 DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE
18 DATE.
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22 WHEREAS, Section 6-108 of the Monroe County Code includes the purpose, authority,
23 requirements, exemptions, waivers, and refund information related to fees; and
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25 WHEREAS, occasionally refunds are justified due to either unusual circumstances that are
26 specific to certain situations or errors made by county staff, and
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28 WHEREAS, the Monroe County Code requires that these refunds shall require approval of the
29 Board of County Commissioners upon the recommendation of the County Administrator; and
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31 WHEREAS, the Building Official is responsible for making the initial determination of a
32 justification for a refund of fees related to chapter 6 "buildings and construction"; and
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34 WHEREAS, the proposed amendment would authorize the Building Official, with concurrence
35 from the Planning Director, to issue refunds consistent with the Monroe County Code and fee
36 schedules as adopted by the Board of County Commissioners; and
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38 WHEREAS, at a regularly scheduled meeting held on 16`f' day of September, the Monroe
39 County Board of County Commissioners held a public hearing and provided for public comment
40 and public participation in accordance with the requirements of state law and the procedures
41 adopted for public participation in the planning process; and
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43 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
44 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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46 Section 1. Section 6-108 of the Monroe County Code is amended as follows:
47 (Deletions are stfieken threuRh and additions are underlined.)
Ord. No. -2015
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I Sec. 6-108. — Fees.
2 iG 7C 1F 'h' iG X
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4 69 Refunds. No fees paid for bolding permit fees shall be refunded without the approval of the
5 boafdofeaunly eaFFAnisrieners building official with concurrence from the planning
6 director
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Section 2. Severability. If any portion of this ordinance is for any reason held invalid or
declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
portions of this ordinance. If this ordinance or any provision thereof shall be held to be
inapplicable to any person, property or circumstances, such holding shall not affect its applicability
to any other person, property or circumstances.
Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
Section 4. Inclusion in the Code of Ordinances. The provisions of this Ordinance shall
be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 5. Transmittal and Effective Date. This Ordinance shall be filed with the
Department of State and shall be effective as provided in section 125.66(2)(b), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2015.
Mayor Danny L. Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
IM
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVED A� TO FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date a
Ord. No. -2015
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