Item Q4 Q.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe � � Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: Q.4
Agenda Item Summary #5517
BULK ITEM: No DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
3:00 PM
AGENDA ITEM WORDING: A Public Hearing to consider approval of an Ordinance amending
Monroe County Code Section 6-110(g) by extending the waiver time frame for after-the-fact
demolition 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.
Ordinance No. 025-2018 provides 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 expires on its own 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
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Q.4
ordinance the after-the-fact penalty fee of $670.85 would have been added and therefore the total
cost for the same demolition permit would have been 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 will be waived or refunded for the after-the-fact hurricane Irma damaged
properties.
Immediately following the adoption of Ordinance No. 22-2018 the BOCC discussed and ensued with
direction to staff to process a Land Development Code amendment to address accessory structures
not being required to be removed when a primary structure is destroyed from a hurricane or another
disaster through the process. The amendment was approved through Ordinance No.009-2019 and is
expected be become effective on or about July 15, 2019.
Therefore, in order to provide an adequate amount of time for applicants to apply for and receive the
necessary after-the-fact demolition permits as provided for through Ordinance No. 025-2018 staff is
proposing this ordinance to extend the timeframe for which to have permits issued from April 30,
2019 to December 31, 2019.
PREVIOUS RELEVANT BOCC ACTION:
10/17/18 (Q2) Board approved Ordinance No. 025-2018 which provides a waiver, or refund if
already paid, of the after-the-fact demolition permit fees for structures as described above.
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:
Amendment to Sec. 6-110(g)
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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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:
N/A
REVIEWED BY:
Rick Griffin Completed 04/29/2019 7:51 AM
Assistant County Administrator Christine Hurley Completed
05/03/2019 10:39 AM
Steve Williams Completed 05/06/2019 8:06 AM
Budget and Finance Completed 05/07/2019 8:27 AM
Maria Slavik Completed 05/07/2019 9:51 AM
Ed Koconis Completed 05/07/2019 9:57 AM
Kathy Peters Completed 05/07/2019 8:35 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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Q.4.a
I ORDINANCE NO. -2019
2
3 AN ORDINANCE OF THE MONROE COUNTY BOARD OF COUNTY
4 COMMISSIONERS AMENDING SECTION 6-110, MONROE COUNTY
5 CODE; EXTENDING THE TIMEFRAME FOR A WAIVER OF
6 AFTER- THE-FACT DEMOLITION PERMIT FEES AS A RESULT OF as
7 HURRICANE IRMA; PROVIDING FOR A REFUND OF AFTER THE
8 FACT BUILDING PERMIT FEES; PROVIDING FOR SEVERABILITY;
9 PROVIDING FOR THE REPEAL OF ALL ORDINANCES U_
10 INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION
11 INTO THE MONROE COUNTY CODE OF ORDINANCES; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, the Board of County Commissioners is the legislative body of Monroe
15 County; and
E
16
17 WHEREAS, Hurricane Irma struck Monroe County on September 10, 2017; and
18
19 WHEREAS, Hurricane Irma caused extensive damage to all forms of property in
20 Monroe County; and 0
21
22 WHEREAS, there was confusion in the public as to what permits were necessary for
23 which purposes and at what time in the immediate aftermath of the hurricane; and
24
0
25 WHEREAS, both property owners and the County government have discovered after the
26 storm that demolition permits were required to be obtained in many instances by property owners
27 and were not obtained; and E
28 c
29 WHEREAS the County adopted Ordinance No. 025-2018 which provided a waiver for
30 certain after-the-fact demolition fees provided that the necessary permits were issued no later
31 than April 30, 2019; and
32
33 WHEREAS, the County also adopted Ordinance No. 009-2019 which allows accessory
34 structures to remain in certain circumstances after the associated principal use or structure has
35 been discontinued or removed due to disaster-related damage and Ordinance No. 009-2019 is
36 expected to become effective on or about July 15, 2019; and
37
E
38 WHEREAS, the County, in an effort to provide adequate time for applicants to apply for
39 and receive the necessary after-the-fact demolition permits, wishes to extend the timeframe
40 provided for the waiver of any and all after-the-fact demolition permit fees imposed after
41 Hurricane Irma, along with the minimum $500 fee charged with the after the fact fee, for a
42 issuance of said permits from April 30, 2019 to December 31, 2019.
43
44 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
45 COMMISSIONERS OF MONROE COUNTY, FLORIDA,AS FOLLOWS:
46
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47 Section 1. Section 6-110, Monroe County Code is hereby amended to read as follows:
48 Proposed Amendment(deletions are st-ieke th-,),, .t,; additions are shown in underline.)
49
50 (g) Hurricane Irma Waiver. After-the-fact demolition permits having an issued date from the
51 date of Hurricane Irma, September 10, 2017, until 4Q-,-=9 December 31, 2019, E
52 shall have all after-the-fact fees waived. During this waiver period the penalty fee of
53 100% above the applicable fee for the work and any additional fees related to completed E
54 construction work shall not be imposed. If the fee(s) has already been paid, then the
55 County shall reimburse the party making the payment. On 4—, 2019 January 1, 2020, U-
56 this subsection shall expire by its own terms and all after the fact fees, including after the
57 fact permit fees shall revert to the established fee amount. 0
58
59 Section 2. If any section, subsection, sentence, clause, or provision of this ordinance is
60 held invalid, the remainder of this ordinance shall not be affected such invalidity.
61
62 Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
63 repealed to the extent of the conflict.
64
65 Section 4. The provisions of this ordinance shall be included and incorporated in the :
66 Code of Ordinances in the County of Monroe, Florida, as additions or amendments thereto. 0
67
as
68 Section 5. This ordinance shall take effect immediately upon receipt of official notice
69 from the Office of the Secretary of State of the State of Florida that this ordinance has been filed
70 with said Office. 0
71
72 PASSED AND ADOPTED by the Board of County Commissioners of Monroe
73 County, Florida, at a regular meeting of said Board held on the 22nd day of May, 2019. E
74 0
75 Mayor Sylvia Murphy
76 Mayor Pro Tem Danny L. Kolhage
77 Commissioner Heather Carruthers
78 Commissioner Michelle Coldiron
79 Commissioner David Rice
80
81 BOARD OF COUNTY COMMISSIONERS 0
82 OF MONROE COUNTY, FLORIDA
83 E
84 BY
85 Mayor Sylvia Murphy
86 (SEAL)
87
88 ATTEST: KEVIN MADOK, CLERK
89
90
91 DEPUTY CLERK
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