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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: Q2
Agenda Item Summary #4767
BULK ITEM: No DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453 -8727
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A Public Hearing to consider approval of an Ordinance amending
the Code by providing a waiver of after - the -fact demolition permit fees as a result of Hurricane Irma.
ITEM BACKGROUND:
Hurricane Irma caused extensive damage to all forms of property in Monroe County on September
10, 2017. In the immediate aftermath of the hurricane there was confusion in the public as to what
permits were necessary for the demolition of damaged and destroyed structures. County government
and property owners have discovered that in many instances the required demolition permits were
not obtained, resulting in the need for after - the -fact permits, which include penalty fees which can be
costly. County government understands that the majority of property owners demolished structures
to clean up their properties and did so without any intent to violate the requirement for demolition
permits.
With the only exception being residential demolition where the fair market value of the demolition
work is less than $2,500.00 and all pertinent utilities have been properly disconnected, demolition of
structures requires a (building) demolition permit. The need for these permits is fundamental for
purposes of safety, which includes the requirement for licensed professionals performing certain
aspects of demolition work including the proper disconnection of pertinent utilities (i.e. electric,
mechanical which includes the proper disposal of refrigerant, gas, plumbing for both water and
sanitary wastewater,) as well as the proper removal of any asbestos.
Code Compliance staff has been verifying whether or not substantially damaged and destroyed
structures received adequate demolition permitting and inspections.
This Ordinance would provide a waiver, or refund if already paid, of the after - the -fact demolition
permit fees for structures that were damaged or destroyed for approximately nineteen months from
the date of the storm, September 10, 2017 through April 30, 2019; authorizing refunds to those
eligible for the exemption who have already paid the fees. It would expire on its own as written on
May 1, 2019 without any further action. Below is an example for a demolition permit when the job
value is less than $5,000.00. The standard fee for the demolition permit is $219.50. Without the
proposed ordinance the after - the -fact penalty fee of $670.85 would be added and therefore the total
cost for the same demolition permit would be increased to $890.35.
Demo Permit Fee
After - the -Fact Penalty Fee
Total After -The Fact Permit Fee
$219.50
$670.85
$890.35
Based upon an estimated 200 properties with after - the -fact situations for demolition, staff estimates
approximately $134,000.00 would be waived or refunded for the after - the -fact hurricane Irma
damaged properties
PREVIOUS RELEVANT BOCC ACTION:
9/19/18 (L3) Board approved advertising and scheduled a Public Hearing to be held on October 17,
2018 in Marathon, FL at 3:00 P.M. or as soon thereafter as may be heard. The Board also approved
adding language to the proposed ordinance providing for refunds to be given to those who have
already paid after - the -fact demolition permit fees for damage due to Hurricane Irma; with the added
language to be included in the ordinance presented at the Public Hearing for consideration.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Demolition Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Advertising Costs; loss of fees waived if adopted
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:
N/A
hI X TA 1 X117.1.6
Ed Koconis Completed
Rick Griffin Completed
Steve Williams Completed
Assistant County Administrator Christine Hurley
10/03/2018 12:37 PM
Budget and Finance Completed
Maria Slavik Completed
Kathy Peters Completed
Board of County Commissioners Pending
10/02/2018 4:56 PM
10/03/2018 7:57 AM
10/03/2018 8:00 AM
Skipped
10/03/2018 12:52 PM
10/03/2018 2:01 PM
10/03/2018 2:07 PM
10/17/2018 9:00 AM
I ORDINANCE NO. -2018
2
3 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
4 COMMISSIONERS AMENDING SECTION 6 -110, MONROE COUNTY
5 CODE; PROVIDING FOR A WAIVER OF AFTER- THE -FACT
6 DEMOLITION PERMIT FEES AS A RESULT OF HURRICANE IRMA;
7 PROVIDING FOR A REFUND OF AFTER THE FACT BUILDING
8 PERMIT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
9 THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
10 PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
11 CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
12
13 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
14 County; and
15
16 WHEREAS, Hurricane Irma struck Monroe County on September 10, 2017; and
17
18 WHEREAS, Hurricane Irma caused extensive damage to all forms of property in
19 Monroe County; and
20
21 WHEREAS, there was confusion in the public as to what permits were necessary for
22 which purposes and at what time in the immediate aftermath of the hurricane; and
23
24 WHEREAS, both property owners and the County government have discovered after the
25 storm that demolition permits were required to be obtained in many instances by property owners
26 and were not obtained; and
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28 WHEREAS, the current County permitting schedule calls for an after - the -fact permit to
29 carry a penalty fee of 100% above the applicable fee for the work, along with another fee which
30 shall be a minimum $500 and is based upon the value of the already completed construction
31 work; and
32
33 WHEREAS, the County does not seek to impose either the penalty fees or the additional
34 minimum value -based fees due to any issues caused by the natural disaster Hurricane Irma; and
35
36 WHEREAS, the County wishes to waive any and all after - the -fact demolition permit
37 fees imposed after Hurricane Irma, along with the minimum $500 fee charged with the after the
38 fact fee, for a period of approximately 15 months following Hurricane Irma.
39
40 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS FOLLOWS:
42
43 Section 1. Section 6 -110, Monroe County Code is hereby amended to read as follows:
44
45 (g) Hurricane Irma Waiver. After - the -fact demolition permits having an issued date from the
46 date of Hurricane Irma, September 10, 2017, until April 30, 2019, shall have all after -the-
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47 fact fees waived. During this waiver period the penalty fee of 100% above the applicable
48 fee for the work and any additional fees related to completed construction work shall not
49 be imposed. If the fee(s) has already paid, then the County shall reimburse the party
50 making the payment. On May 1, 2019, this subsection shall expire by its own terms and
51 all after the fact fees, including after the fact permit fees shall revert to the established fee
52 amount.
53
54 Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is
55 held invalid, the remainder of this ordinance shall not be affected such invalidity
56
57 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
58 repealed to the extent of the conflict.
59
60 Section 4. The provisions of this ordinance shall be included and incorporated in the
61 Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto.
62
63 Section 5. This ordinance shall take effect immediately upon receipt of official notice
64 from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
65 with said Office.
66
67 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
68 County, Florida, at a regular meeting of said Board held on the 17th day of October, 2018.
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81 (SEAL)
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Mayor David Rice
Mayor Pro Tem Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
RIM
Mayor David Rice
84 ATTEST: KEVIN MADOK, CLERK
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87 DEPUTY CLERK
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