Item Q2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Department: Building
Bulk Item: Yes Y No X Staff Contact Person/Phone #: Christine Hurley, 289-2517
Ed Koconis, 453-8727
AGENDA ITEM WORDING: A public hearing to consider approval of an ordinance by the Monroe
County Board of County Commissioners amending Monroe County Code Section 6-108 amending the
process for the refund of fees paid for permits related to Chapter 6 "Buildings and Construction".
(Legislative proceeding)
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.
TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
1K013-ffirlZKll 6ln
SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes _ No NIA AMOUNT PER MONTH NIA Year
APPROVED BY: County Atty�OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE - 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
6-108 FEES OF CHAPTER 6 BUILDINGS AND CONSTRUCTION;
AMENDING THE PROCESS FOR REFUNDS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE
COUNTY CODE; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 6-108 of the Monroe County Code includes the purpose, authority,
requirements, exemptions, waivers, and refund information related to fees; and
WHEREAS, occasionally refunds are justified due to either unusual circumstances that are
specific to certain situations or errors made by county staff; and
WHEREAS, the Monroe County Code requires that these refunds shall require approval of the
Board of County Commissioners upon the recommendation of the County Administrator; and
WHEREAS, 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"; and
WHEREAS, the proposed amendment would 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; and
WHEREAS, at a regularly scheduled meeting held on 16th day of September, the Monroe
County Board of County Commissioners held a public hearing and provided for public comment
and public participation in accordance with the requirements of state law and the procedures
adopted for public participation in the planning process; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 6-108 of the Monroe County Code is amended as follows:
(Deletions are stieken and additions are underlined.)
Ord. No. -2015
Page 1 of 2
1 See. 6-108. — Fees.
2 iC X X 7C ]C X 7C
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4 (?q Refunds. No fees paid for buffing permit fees shall be refunded without the approval of the
5 board of ^^wAy ee e-s building official with concurrence from the planning
6 director
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9 Section 2. Severability. If any portion of this ordinance is for any reason held invalid or
10 declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining
11 portions of this ordinance. If this ordinance or any provision thereof shall be held to be
12 inapplicable to any person, property or circumstances, such holding shall not affect its applicability
13 to any other person, property or circumstances.
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Section 3. Conflictina 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 Tern 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
Ord. No. -2015
Page 2 of 2
MONROE COUNTY ATTORNEY
PFROVED A O FORM:
Wfi.;JAMS
AS5::"]ANT 0UN'FY ATTORNEY
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