Item E1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Bulk Item: Yes
January 20, 2000
No X
Division: Growth Management
Department: Building
AGENDA ITEM WORDING: Public hearing to consider the adoption of an an ordinance amending Section 6-40,
Monroe County Code (MCC) to modify the requirements for reactivation of expired building permits.
ITEM BACKGROUND: This proposed ordinance is intended to allow expired permits for which some
construction has occurred, (Section 6-40 (e)(2), MCC, to be reactivated within a year of the date the permit becomes
"inactive" without going through RaGa. Under the current ordinance, if the required inspection is not made after a
120 day period, the permit automatically expires. If a permit expires, the RaGa allocation award for that permit
also expires, requiring the permit holder to go through the entire process again. The current ordinance does allow for
such expired permits to be extended for 120 days within 60 days of their expiration without going through RaGa.
Many permit holders, whose permits have expired, have been unwilling or financially unable to go through the
process again. Therefore, throughout the County numerous unfinished buildings exist, which negatively impact
community character and eventually may result in public safety and nuisance concerns.
Under the proposed ordinance, where construction work has begun, permits would become inactive, rather than
automatically expire after the required 120 day inspection period. The permit holder would have one-year from the
date of inactivation to reactivate the permit or the permit would then automatically expire. The permit could be
reactivated by the filing of new building permit applications and appropriate fees, but would not be required to go
through the RaGa process.
If the expired permit is not reactivated, the unfinished building shall be considered an unsafe structure, subject to
County prosecution under the Unsafe Building Abatement Code , as provided for in Section 6-16.2, Monroe County
Code.
PREVIOUS RELEVANT BOARD ACTION: Approved advertising of proposed Ordinance amending Section
6-40, Monroe County Code on December 9, 1999.
STAFF RECOMMENDATION: Approval.
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
APPROVED BY: County Attorney X
isk Management
N/A
DEPARTMENT DIRECTOR APPROV A
DIVISION DIRECTOR APPROVAL:
Ti
f Growth Management
DOCUMENTATION: Included
X
To follow Not required
~ - '1 .... C -.
Agenda Item #: ~
DISPOSITION:
Growth Management.
ORDINANCE NO.
-2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-40, MONROE
COUNTY CODE, DEFINING INACTIVE BUILDING PERMITS AND
ESTABLISHING PROCEDURES FOR REACTIVATION OF INACTIVE BUILDING
PERMITS; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS. Section 6-40. Monroe County Code ("MCC") and Chapter 9.5, MCC.
require that a Rate of Growth Ordinance ("ROGO") allocation award automatically
expires with the expiration of a building permit; and
WHEREAS. Section 6-40. MCC. provides that in order to renew any expired
building permit an applicant must go through the ROGO; and
WHEREAS. expired allocation awards resulting from expired permits for which
construction has started are generally not made available for reallocation until at least
a year after their expiration; and
WHEREAS. Monroe County has issued several building permits for residential
dwellings. under which construction started but the building permits subsequently
expired; and
WHEREAS. the existing language of Section 6-40. MCC. provides for only a very
limited opportunity for extension of expired permits within 60 days after their expiration;
and
WHEREAS. the requirement to go back through the ROGO process creates
undue hardship and is often an unnecessary impediment to the completion of the
unfinished residential building; and
WHEREAS. unfinished residential buildings negatively impact community
character and may eventually result in public safety problems and become a public
nuisance; and
WHEREAS. the County Growth Management staff recommended a revision to
Section 6-40. MCC, providing relief. in appropriate circumstances. from the current
building permit expiration provisions of Section 6-40. MCC; now. therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA: .
Section 1.
read as follows:
The existing heading to Section 6-40, MCC, is hereby amended to
,
i
Sec. 6-40
New aApplication fees procedures for expired and
inactive building permits.
Section 2. Existing Section 6-40(e)(2}, MCC, under the subsection entitled
"Permit Paid for, Picked Up and Work Started" is hereby amended to read as follows:
(substantially re-written)
(2) Any permit whose progress fails to meet the "required
inspection within one hundred twenty (120) days" requirement shall
automatically expire become inactive; and any further activity shall
require a new submission of a permit reactivation application,
appropriate and payment of any applicable fees, to reactivate the
permit and a valid allocation award in accordance '.vith the Dwelling
Unit ,"lIocation Ordinance. Any inactive permit which is not reactivated
within one (1) year of the last approved, required, inspection, shall
automatically expire; thereafter, any future activity shall require a new
application, payment of appropriate fees, and issuance of a valid
allocation award in accordance with the Dwelling Unit Allocation
Ordinance. However, at any time prior to the expiration of the one
hundred twenty (12) days, measured from either commencement of
work or last approved required inspection; whichever is later, within sixty
(60) days after the permit becomes inactive for failure to meet the
"required inspection within one hundred twenty (120) days"
requirement, the permit shall be extended upon the written request of
the permit holder, without charge, for ~ one (1) additional period of
sixty (60) days. In addition, f.Re an inactive permit may be extended,
within sixty (eO) days after prior to expiration, for a single, one-time only,
120-day period after the upon payment of a $100.00 ronewal
reactivation fee. Within sixty (60) days after reactivation of the permit,
the work: in place is subject to such inspection(s) as the Building Official
may deem necessary to determine the current condition of any work:
which may have deteriorated during the period of inactivity, and
progress of the work., including any corrective work. ordered by the
Building Official, must resume. The applicant for reactivation and 120-
day extension of an inactive permit must sign an acknowledgment
that upon reactivation of the permit no further extension, renewal or
reactivation will be granted, and that if the permit expires, the
property owner shall be required to comply with the nuisance
abatement provisions of the Code or the work in place will be
demolished. The provisions of this Section apply to the permittee, any
applicant for reactivation of an inactive permit, and successive
owners of the property which is the subject of the permit.
Section 3. If any section, subsection, sentence, clause or prOVISion of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 4. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 5. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida, as an addition or
amendment thereto, and shall be appropriately renumbered to conform to the
uniform numbering system of the Code.
Section 6. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the day of
,2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
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