Resolution 398-2020 2 (1;-.
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO.398-2020
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10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AUTHORIZING THE SENIOR DIRECTOR OF THE
12 PLANNING AM) ENVIRONMENTAL RESOURCES DEPARTMENT OR
13 HER AUTHORIZED DESIGNEE TO EXTEND THE TIME LIMIT OF
14 ROGO AND NROGO ALLOCATION AWARDS FOR ROGO/NROGO
15 YEAR 28 QUARTERS 2, 3 AND 4 AND ROGO/NROGO YEAR 29
16 QUARTERS 1, 2 AND 3 FOR AN ADDITIONAL 180 DAYS, AND
17 AUTHORIZING THE MONROE COUNTY BUILDING OFFICIAL OR HIS
18 AUTHORIZED DESIGNEE TO APPROVE AN ADDITIONAL 180-DAY
19 EXTENSION TO THE TIME LIMITS FOR COMMENCEMENT OF
20 CONSTRUCTION AND REQUIRED INSPECTIONS FOR ROGO/NROGO
21 BUILDING PERMITS ISSUED BETWEEN MARCH 10, 2020, AND THE
22 EFFECTIVE DATE OF THIS RESOLUTION, ALL DUE TO THE
23 IMPACTS OF THE NOVEL CORONAVIRUS (COVID-19) STATE OF
24 EMERGENCY.
25
26
27 WHEREAS,the Monroe County Board of County Commissioners(`BOCC","Board",or
28 "Monroe County") is the legislative body of Monroe County, Florida, and constitutes the local
29 legislature of Monroe County,Florida; and
30
31 WHEREAS, Florida Statute § Section 252.38(3)(a), gives authority to political
32 subdivisions to declare and enact a State of Local Emergency for a period of up to seven(7)days,
33 thereby waiving the procedures and formalities otherwise required of the political subdivision by
34 law; and
35
36 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
37 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
38 Emergency due to the novel coronavirus (COVID-19) pandemic occurring and spreading in
39 Florida; and
40
41 WHEREAS,on March 9, 2020, the Governor of Florida issued Executive Order Number
42 20-52,declaring a State of Emergency for the State of Florida related to COV ID-19, extended by,
43 in pertinent part, Executive Order Numbers 20-114 and 20-166, amended by Executive Order
44 Number 20-192, and extended by Executive Order Number 20-213; and
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1 WHEREAS, the spreading COVID-19 pandemic poses a health risk to Monroe County
2 residents, as well as to visitors to Monroe County; and
3
4 WHEREAS, responding to the threat posed by the COVID-19 pandemic may require
5 extraordinary and immediate actions by Monroe County in order to protect the public health,
6 safety,and welfare of residents of and visitors to Monroe County; and
7
8 WHEREAS, Section 11-1 of the Monroe County Code (MCC) vests the Monroe County
9 Mayor with the authority to declare a state of local emergency for a renewable period of up to
10 seven(7)days; and
11
12 WHEREAS,the Monroe County Mayor declared a State of Local Emergency on or about
13 March 15,2020,due to the COVID-19 pandemic,to,in pertinent part,"initiate protective measures
14 necessary to ensure the health, safety, and welfare of residents and visitors"; and
15
16 WHEREAS,Monroe County has recently observed an increase in the number of reported
17 COVID-19 cases; and
18
19 WHEREAS, on April 15, 2020,the BOCC adopted Resolution No. 100-2020, approving
20 a temporary suspension of the expiration of ROGO and NROGO allocation awards by giving
21 additional time for permit issuance for previously awarded allocations,and deferral of ROGO Year
22 28 Quarter 3 applications until the scheduled Quarter 4 allocation period,due to the impacts of the
23 COVID-19 pandemic; and
24
25 WHEREAS, on August 26, 2020, the Planning Commission approved 54 ROGO awards
26 for ROGO Year 28,Quarters 3 and 4; and
27
28 WHEREAS, Resolution No. 100-2020 did not include extensions for ROGO/NROGO
29 awards in Year 28, Quarters 3 and 4; and
30
31 WHEREAS, pursuant to Sections 138-25 and 138-52 of the Monroe County Land
32 Development Code (LDC), ROGO and NROGO permits which do not require updates to plans
33 based on the building code are given 60 days from the date of the allocation letter to have the
34 permit issued, while permits that do require updated plans based on the building code are given
35 180 days from the date of the allocation letter to have the permit issued; and
36
37 WHEREAS, Land Development Code Sections 138-25(h) and 138-25(k) indicate that
38 ROGO allocation awards will expire if building permits are not picked-up/issued or if issued
39 permits expire,thereby requiring property owners to reapply for ROGO allocation awards; and
40
41 WHEREAS, Land Development Code Sections 138-52(i) and 138-52(m) indicate that
42 NROGO allocation awards will expire if building permits are not picked-up/issued or if issued
43 permits expire,thereby requiring property owners to reapply for NROGO allocation awards; and
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1 WHEREAS, of the 54 ROGO awards approved in August, 51 were given 60 days from
2 the date of the allocation letter to have the permit issued,with a deadline for issuance on December
3 1,2020; and
4
5 WHEREAS, of the 54 ROGO awards approved in August, 15 permits have already been
6 issued; and
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8 WHEREAS, pursuant to Monroe County Code Section 6-102, if a permit is not issued,
9 then the permit shall automatically expire and become null and void; and
10
11 WHEREAS,the Florida Building Code and Monroe County Code (MCC) Section 6-103
12 provide that permits shall become null and void unless work authorized by the permit is
13 commenced with 180 days and, once commenced,required inspections are conducted within 180
14 days from the last passed inspection; and
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16 WHEREAS, building permits issued on or before March 9, 2020, were/are eligible for
17 extensions under Executive Order No. 20-52 and subsequent extensions/amendments; and
18
19 WHEREAS, 52 ROGO building permits which had pending permit issuance deadlines
20 have been issued between March 10,2020 and October 23,2020,and are therefore not eligible for
21 state of emergency extensions under the Governor's Executive Order No. 20-52 and subsequent
22 pertinent extensions/amendments; and
23
24 WHEREAS, the construction industry in Monroe County has provided feedback to the
25 Monroe County Planning and Environmental Resources Department indicating that, due to the
26 impacts of the COVED-19 pandemic, additional time is needed to meet the deadlines required for
27 ROGO/NROGO permits; and
28
29 WHEREAS, the above-referenced feedback received includes that property owners are
30 still replacing homes from Hurricane Irma, in addition to developing homes subject to ROGO,
31 thereby creating a higher demand on building materials, that public health and medical protocols
32 necessitated by the COVID-19 pandemic have restricted production levels of building materials
33 and other materials have slowed creating a shortage of product, and due to the COVED-19
34 pandemic the building dynamic has changed and increased the cost of development; and
35
36 WHEREAS, the BOCC wishes to address these concerns expressed by the construction
37 industry regarding the impacts of the COVID-19 pandemic on the ability to meet required
38 timelines for construction;
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
44 are hereby incorporated as if fully stated herein.
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1 Section 2. Applicants notified of an allocation award for ROGO/NROGO Year 28, Quarter 3
2 and 4, who were given 60 days to pick up permit shall be given an additional 180
3 days to pick up the permit providing for a new expiration date of May 30, 2021.
4 The Planning and Environmental Resources Department will notify
5 applicants/agents via e-mail,when e-mail addresses are provided in the application,
6 rather than by utilizing regular mail or certified mail to applicants with un-issued
7 building permits,notwithstanding the deadline specified in the award letter.
8
9 Section 3. Applicants notified of an allocation award for ROGO/NROGO Year 28, Quarter 3
10 and 4, who were given 180 days to pick up permit shall be given an additional 180
11 days to pick up permit providing for a new expiration date of September 27,2021.
12 The Planning and Environmental Resources Department will notify
13 applicants/agents via e-mail,when e-mail addresses are provided in the application,
14 rather than utilizing regular mail or certified mail to applicants with un-issued
15 building permits,notwithstanding the deadline specified in the award letter.
16 .
17 Section 4. Applicants still pending notification of an allocation award for ROGO/NROGO
18 Year 28, Quarter 3 and 4, shall be given 240 days if building plans are current, or
19 360 days if building plans are required to be updated, to pick up the permit. The
20 Planning and Environmental Resources Department will notify applicants/agents
21 via e-mail,when e-mail addresses are provided in the application,and/or by regular
22 mail or certified mail, notwithstanding the days specified in Monroe County
23 Code(s).
24
25 Section 5. Applicants who are approved for allocation awards by the Planning Commission
26 for upcoming ROGO/NROGO Year 29,Quarters 1,2, and 3,(Application periods
27 July 14, 2020 through April 12, 2021; Planning Commission Hearings for awards
28 scheduled to be held in November 2020, February 2021, and May 2021) shall be
29 given 240 days if building plans are current, or 360 days if building plans are
30 required to be updated, to pick up the permit. The Planning and Environmental
31 Resources Department will notify applicants/agents via e-mail, when e-mail
32 addresses are provided in the application, and/or by regular mail or certified mail,
33 notwithstanding the days specified in Monroe County Code(s).
34
35 Section 6. Applicants who have ROGO/NROGO building permits that were issued between
36 March 10, 2020 and the effective date of this Resolution shall be eligible for an
37 additional 180-day extension, notwithstanding Monroe County Code Section 6-
38 103, for commencement of construction and/or required inspections,provided that
39 the permit meets the following criteria:
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41 1) The building permit is not expired;
42 2) The building permit is not eligible for Executive Order Extension(s) from 20-
43 52 or subsequent extensions/amendments; and
44 3) The property owner applies for a 180-day extension as prescribed by the
45 Monroe County Building Department on or before January 31,2021.
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1 Section 7. The extensions provide herein shall run concurrently with any other relevant
2 extension(s) available and timely and lawfully obtained.
3
4 Section 8. The Monroe County Building Official or his authorized designee, and the Senior
5 Director of the Planning and Environmental Resources Department or her
6 authorized designee, are hereby authorized to render extension decisions pursuant
7 to and in accordance with this Resolution.
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9 Section 9. Construction and Interpretation. This Resolution and its interpretation shall be
10 liberally construed and enforced in favor of Monroe County to effectuate its public
11 purpose(s)and policy(ies)of the County.The construction and interpretation of this
12 resolution and all Monroe County Comprehensive Plan provision(s), Florida
13 Building Code, Florida Statutes, and Monroe County Code(s)provision(s) whose
14 interpretation arises out of, relates to, or is interpreted in connection with this
15 resolution shall be liberally construed and enforced in favor of Monroe County to
16 effectuate its public purpose(s) and policy(ies)of the County, and shall be deferred
17 in favor of the BOCC and such construction and interpretation shall be entitled to
18 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
19 appeal.
20
21 Section 10. No Liability.Monroe County expressly reserves and in no way shall be deemed to
22 have waived, for itself or for its officer(s),employee(s),or agent(s),any sovereign,
23 governmental, and any other similar defense, immunity, exemption, or protection
24 against any suit,cause-of-action,demand,or liability.
25
26 Section 11. Severability. If any provision of this resolution, or any part or portion thereof, is
27 held to be invalid or unenforceable by any administrative hearing officer or court
28 of competent jurisdiction, the invalidity or unenforceability of such provision, or
29 any part or portion thereof, shall neither limit nor impair the operation,
30 enforceability,or validity of any other provision of this resolution,or any remaining
31 part(s) or portion(s)thereof. All other provisions of this resolution, and remaining
32 part(s)or portion(s)thereof, shall continue unimpaired in full force and effect.
33
34 Section 12. Effective Date.This resolution shall become effective November 17, 2020.
35
36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
37 Florida, at a regular meeting held on the 17th day of November,2020.
38
39 Mayor Michelle Coldiron Yes
40 Mayor Pro Tern David Rice Yes
41 Commissioner Crai2Cates Absent
42 Commissioner Eddie Martinez Yes
43 Commissioner Mike Forster Yes
44
45 BOARD OF COUNTY COMMISSIONERS
46 OF MONROE COUNTY, FLORIDA
47
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` Mayor Michelle Coldiron j,(�,o-
MONROE CO ATTORNEY
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