Ordinance 039-2020 atti,.,y . Kevin Madok, CPA
..cr I . Clerk of the Circuit Court&Comptroller—Monroe County, Florida
r-
December 14, 2020
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 039-2020 amending Monroe County
Code Section 6-103, eliminating die 60day peril expiration for demolition permits; the inability
of die building official to extend a demolition permit;and outdated and/or superseded wording
related to permits and inspections that require inspections every 180 days to maintain a building
permit's validity, to be consistent with die Florida Building Code (FBC) and other permit types;
providing for severability; providing for repeal of conflicting provisions; providing for inclusion in
the Monroe County Code; providing for transmittal to die Department of State; and providing for
an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on December 9, 2020. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-olliicio to the Monroe County
Board of County Commissioners
by:Pamela G. Hancock, D.C.
cc: Planning& Environmental
Building Department
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
1 � ,
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2
3
5
6
7 ORDINANCE 039-2020
8
9 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 6-
11 103, ELIMINATING THE 60-DAY PERMIT EXPIRATION FOR
12 DEMOLITION PERMITS; THE INABILITY OF THE BUILDING
13 OFFICIAL TO EXTEND A DEMOLITION PERMIT; AND OUTDATED
14 AND/OR SUPERSEDED WORDING RELATED TO PERMITS AND
15 INSPECTIONS THAT REQUIRE INSPECTIONS EVERY 180 DAYS TO
16 MAINTAIN A BUILDING PERMIT'S VALIDITY, TO BE CONSISTENT
17 WITH THE FLORIDA BUILDING CODE (FBC) AND OTHER PERMIT
18 TYPES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
19 OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN
20 THE MONROE COUNTY CODE; PROVIDING FOR TRANSMITTAL TO
21 THE DEPARTMENT OF STATE; AND PROVIDING FOR AN
22 EFFECTIVE DATE.
23
24
25
26 WHEREAS, Monroe County Code Chapter 6 "Buildings and Construction" Section 6-103
27 "Issued Permits" includes the intent, time limitations, information related to inspections, and
28 extensions; and
29
30 WHEREAS,the purpose, intent, and objective instant ordinance is, in part to(including but not
31 limited to)revise the Monroe County Code to remove outdated Code language regarding inspections
32 highlighted in red print on the subject permit card. This process, including but not limited to the
33 "inspections highlighted in red print on the subject permit card" language, has been superseded over
34 the passage of time/superseded over time, and currently/under current state and local code(s), all
35 required inspections that have been performed and approved demonstrate valid progress. This
36 conforms to and is consistent with the Florida Building Code (FBC); and
37
38 WHEREAS, the proposed amendment would eliminate the special exception of a shortened 60
39 day permit for demolition permits and the prohibition of extensions thereto, and, as stated above,
40 remove outdated wording that limited approved inspections to those that were previously highlighted
41 in red on the permit display card; and
42
43 WHEREAS, the proposed amendment would result in Section 6-103 consistently demonstrate
44 timely valid progress of authorized work through performed and approved required inspections for
45 every required inspection every 180 days; and
46
Ord. No. 039-2020
Page 1 of 4
I WHEREAS, at a regularly scheduled meeting held on 9m day of December, the Monroe County
2 Board of County Commissioners held a public hearing and provided for public comment and public
3 participation in accordance with the requirements of state law and the procedures adopted for public
4 participation in the planning process; and
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8
9 Section 1. The foregoing recitals are true and correct and are hereby incorporated as if fully
10 set forth herein.
11
12 Section 2. Section 6-103 of the Monroe County Code of Ordinances is hereby amended as
13 follows: (Deletions are seken thr-ett-,,4 and additions are underlined.)
14
15 Sec. 6-103. Issued permits.
16
17 *****
18
19 (b) Permit time limitations. Every permit issued shall become null and void unless the work
20 authorized by such permit is commenced within six months after its issuance, or if the work
21 authorized by such permit is suspended or abandoned for a period of six months after the
22 time the work is commenced. Work is considered commenced if it has received an approved
23 initial inspection pursuant to permit requirements or an approved temporary electrical
24 inspection. Any valid permit, for which construction has commenced, must progress in a
25 timely fashion. The only method by which timely valid progress of authorized work may be
26 demonstrated is through the building department's having performed and approved fta a
27 required inspection that is highlighted in red pfk4 on the building permit display card within
28 180 days measured from either:
29
30 (1) As to the initial inspection, the date work was required to begin; or
31
32 (2) As to inspections subsequent to the initial inspection, from the date of the last
33 performed and approved required inspection on the
34 display card.
35
36 ,
37 .
38 ;
39 ;
40 plumbing;
41
42
43 *****
44
45 (f) Demelitien permits (speeial ease). Any permits fer-the demelitien ef a stpdeter-e shall &E
46 60 days mate-of issuan,.o N ogre siaf s shall be allowed.
47
Ord. No. 039-2020
Page 2 of 4
I Section 3. Construction and Interpretation.This Ordinance and its interpretation shall
2 be liberally construed and enforced in favor of Monroe County to effectuate
3 its public purpose(s) and policy(ies) of the County. The construction and
4 interpretation of this Ordinance and all Monroe County Comprehensive Plan
5 provision(s), Florida Building Code, Florida Statutes, and Monroe County
6 Code(s) provision(s) whose interpretation arises out of, relates to, or is
7 interpreted in connection with this Ordinance shall be liberally construed and
8 enforced in favor of Monroe County to effectuate its public purpose(s),
9 objective(s), and policy(ies) of the County, and shall be deferred in favor of
10 the Board of County Commissioners of Monroe County, Florida, and such
11 construction and interpretation shall be entitled to great weight in adversarial
12 administrative proceedings, at trial, bankruptcy, and on appeal.
13
14 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of
15 Provisions. If any provision of this Ordinance, or any portion thereof, is held
16 to be invalid or unenforceable in or by any administrative hearing officer or
17 court of competent jurisdiction, the invalidity or unenforceability of such
18 provision, or any portion thereof, shall neither limit nor impair the operation,
19 enforceability, or validity of any other provision of this Ordinance, or any
20 remaining portion(s) thereof. All other provisions of this Ordinance, and
21 remaining portion(s) thereof, shall continue unimpaired in full force and
22 effect.
23
24 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance(s)
25 in conflict with this Ordinance are hereby repealed to the extent of such
26 conflict. The repeal of an ordinance herein shall not repeal the repealing
27 clause of such ordinance or revive any ordinance which has been repealed
28 thereby.
29
30 Section 6. Inclusion in the Code of Ordinances. The provisions of this Ordinance shall
31 be included and incorporated in the Code of Ordinances of the County of
32 Monroe, Florida, as an amendment thereto, and shall be appropriately
33 renumbered to conform to the uniform numbering system of the Code.
34
35 Section 7. Transmittal and Effective Date. This Ordinance shall be filed with the
36 Department of State and shall be effective as provided in Section
37 125.66(2)(b), Florida Statutes.
38
39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
40 at a regular meeting held on the 9m day of December, 2020.
41
42 Mayor Michelle Coldiron Yes
43 Mayor Pro Tem David Rice Yes
44 Commissioner Craig Cates Absent
45 Commissioner Eddie Martinez Yes
46 Commissioner Mike Forster Yes
47
Ord. No. 039-2020
Page 3 of 4
BOARD OF COUNTY C 11 u u ISSIONERS
2 c.0 , OF MON E . j� YFLO 6-
.ie\ i BY: � 111 1}
Mayor Michelle Coldiron
8� I ct
9 1: '
10 A EVIN MADOK, CLERK
II
12 ^ MONROE ATTORNEY�I COUNTY
13 By Doe �
14 As Depu y Clerk
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Ord. No. 039-2020
Page 4 of 4
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO BUILDING DEPT
MARATHON GOVERNMENT CENTER
2798 OVERSEAS HWY SUITE 300
MARATHON FL 33050
Account: 138367 Ticket: 367663
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER and Agenda Packet). When prompt-
COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE ed,enter your email address and name
to join the webinar. When the May-
NOTICE IS HEREBY GIVEN TO WHOM or calls for speakers on the item(s)on
Before the undersigned authority personally appeared IT MAY CONCERN that on December which you wish to comment,or when
9 Y p Y pp 9,2020 at 1:30 P.M.or as soon there- the Board is nearing your item(s)as the
after as may be heard, the Monroe meeting progresses,select the"Raised
r-
County Board of County Commission- Hand'feature that appears at the bot-
- — 1.472�'6 who on oath says that he or she is ers of Monroe County, Florida, at the tom of the Zoom webinar screen,to be
Murray Nelson Government Center, recognized by the Zoom webinar host.
102050 Overseas Highway, Key Largo, The Zoom Webinar monitor will re-
of the Key West Citizen, a daily FL 33037,and also via Communications quest the agenda item#on which you
Media Technolog (CMT)using a Zoom wish to comment and will enable your
newspaper published in Key West, in Monroe County, Florida;that the attached webinar as descried below,intends to participation when the Mayor calls for
copy of advertiement, being a legal notice in the matter of HEARING 12.9 was consider the adoption of the following public speakers on your item.To report
County ordinance: problems with the broadcast, please
published in said newspaper in the issues of: call:(305)872-8831.
AN ORDINANCE BY THE MONROE
COUNTY BOARD OF COUNTY COMMIS- A person may submit written or other
Wednesday, November 25,2020 SIONERS AMENDING MONROE COON- physical evidence on a particular agen-
TY CODE SECTION 6-103,ELIMINATING da item for consideration at the BOCC
THE 60-DAY PERMIT EXPIRA TION FOR meeting to: Lindsey Ballard,via email
DEMOLITION PERMITS;THE INABILITY to: Ballard-lndsey@monroecounty-fl.
Affiant further says that the Key West Citizen is a newspaper published in Key OF THE BUILDING OFFICIAL TO EXTEND ggy, or by mail to: County Adminis-
A DEMOLITION PERMIT,AND OUTDAT- trator's Office, 1100 Simonton Street,
West, in said Monroe County, Florida and that the said newspapers has hereto- ED WORDING RELATED TO PERMITS Suite 205,Key West,FL 33040.The doc-
fore been continuously published in said Monroe County, Florida every day, and AND INSPECTIONS THAT REQUIRE IN- uments must be received by 3:00 P.M.
has been entered as periodicals matter at the post office in Key West, in said SPECTIONS EVERY 180 DAYS TO MAIN- on Friday,December 4,2020,and must
p p Y TAIN A BUILDING PERMIT'S VALIDITY include the submitter's name,address,
Monroe County, Florida,for a period of 1 year next preceding the first publication TO BE CONSISTENT WITH THE FLORI- phone number,email address,and the
of the attached copy of advertisement; and affiant further says that he or she has DA BUILDING CODE(FBC)AND OTHER agenda item number to which the doc-
aid nor promised an PERMIT TYPES; PROVIDING FOR SEV- uments refer.
neither
p p y person,firm or corporation any discount, rebate, ERABILITY; PROVIDING FOR REPEAL
commission or refund for the,purpose of securing this advertisement for publica- OF CONFLICTING PROVISIONS; PRO- Pursuant to Section 286.0105, F.S., if a
tionjn the said news a er VIDING FOR INCLUSION IN THE MON- person decides to appeal any decision
l f p p ROE COUNTY CODE; PROVIDING FOR made by the Board with respect to any
G,a TRANSMITTAL TO THE DEPARTMENT matter considered at the hearing,such
OF STATE;AND PROVIDING FOR AN EF- person will need a record of the pro-
'�----� FECTIVE DATE. ceedings and may need to ensure that a
(Signature of Affiant) verbatim Due to COVID-19 and in consideration testimony record andevidenn made,is including
which
of that certain Resolution adopted as the appeal is to be made.
Affirme and u s ib before me this 9th day of December 2020 Item R-6 at the Board's November 17,
2020, public meeting and the Center ADA ASSISTANCE:If you are a person
for Disease Control (CDC) social dis- with a disability who needs special
tancing guidelines established to con- accommodations in order to partici-
(NOtary PUN SI nature) tain the spread of the COVID-19 virus, pate in this proceeding,please contact
the December 9, 2020, public hearing the County Administrator's Office, by
will also be conducted via CMT using phoning (305)292-4441, between the
a Zoom Webinar platform @ bttps;// hours of 8:30a.m. -5:00p.m., no later
lklogrh_ mcbocc.zoom.us[j/96823206145. The than five(5)calendar days prior to the
(Not ry P lic Printe N me) (Notary Seal) County will provide updates for chang- scheduled meeting; if you are hear-
ing directives for Local Government ing or voice impaired, call "711". Live
Public Meetings on the County Web- Closed Captioning is available via our
My commission expires � ) L t 1 site at: www.MonroeCounty-FL.Gov. web portal @ htWY1monroecountvfl.
Below are the various options available igm2.com for meetings of the Mon-
to the public to view the live meeting roe County Board of County Commis-
and/or to make public comments on sioners.
Personally Known X Produced Identification_ the public hearing.
Dated at Key West, Florida, this 19th
The public can comment during the live day of November,2020.
Type of Identification Produced Public Hearing either by phoning in or
by connecting to the live Zoom webinar KEVIN MADOK, Clerk of
link using the following instructions: the Circuit Court and ex officio Clerrk
a)To comment on an item by phone: of the Board of County Commissioners
Dial(646)518-9805 or(669)900-6833 of Monroe County,Florida
.)'" N d and, when prompted, enter the We-
ry PutrGc State of Fku,d.: binar ID#968 2320 6145 followed by 11/25/20 Key West Citizen
Misty D Weech the#key,then*9 to"Raise your hand'
f.
p. My Commission HH 0"532 to be recognized by the Zoom webinar
;,.d Expires 03/25/2023 " host.b)To comment on an item using
the live Zoom webinar link:Open this
live Zoom webinar link ® httos://mc-
bocc.zoom.us/j/96823206145(that also
appears in both the published Aqenda
INEEK=5
KL
NOTICE OF INTENTION TO Mayor 1
0"ss tot speakers on the
CONSIDER ADOPTION OF Items)on which}vrr wish to
comment or when the Board
COUNTY ORDINANCEIs as Published WeeklyNOTICE IS HEREBY GIVEN TO meetingpfaring nurltem(selectr�
meeting progre�sesp select
WHOM IT MAY CONCERN that the`Ralsed Hand feature
Marathon,Monroe County,Florida on December 9,2020 at 1:30
P.M.or as soon thereafter as may that appears at webinar
creep,to
be heard,the Munroe County be recognized
ized b t screen,.to
PUBLICATIONPROOF OF Board of County Commissioners be recognized by the Zoom
of Monroe County,Florida,at monwebinar willhost.T request ZoomWebinar
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the Murray Nelson Government item orwlBichyou wish tthe o
STATE OF F LO R I DA Center,102050 Overseas Item#on which you wish y
HI hwa,icy Largo,FL 33037, parrlmeni and will enable your
ant aisv via Communications calls for tionpub)when the Mayor
COUNTY OF MONROE MediaTechnology(CMT),using calf for public speakers with
Before the undersigned author' a Zoom webinar as described the broadcast,To report ple please g below,Intends to consider 872-8831.
Please call:(305)
personally appeared JASON KOLER who the adoption ofthe following A person may submit written
on oath, 5d s that he Is PUBLISHER Of County ordinance: or other physical evidence on
Y AN ORDINANCE BY THE a particular agenda item for
the WEEKLY NEWSPAPERS , a weekly MONROE COUNTY BOARD OF consideration at the BOCC
COUNTY COMMISSIONERS meetingto.Llnds Ballard,
newspaper published in Marathon, in AMENDING MONROE COUNTY via email to:ballar -iindsey@
Monroe Count , Florida: that the CODE SECTION6-103, monrWounty-figov,orbymail
Y ELIMINATING THE60-DAY to.County Ad lnlsirat0TS,Office
attached Copy of advertisement was PERMIT EXPIRATION FOR I 100 Simonton Street,Suite
DEMOLITION PERMITS;THE 205,Key West,FL 33040.The
published in said newspaper in the INABILITY OFTHE BUILDING documents must be received by
OFFICIAL TO EXTEND A 3;00 PM.on Friday;December
issues of:(date(s)of publication) DEMOLITION PERMIT,AND A 2020 and must include the
OUTDATED WORDING RELATED submitter's name address,
phone number„email address,
/V/,) / a• ? TO PER AND INSPECTIONS and the agenda item number to
THAT REQUIRE INSPECTIONS which the documents refer.
EVERY 180 DAYS TO MAINTAIN Pursuant to Section 286.0105,
A BUILDING PERMIT'S VALIDITY F.S.,Ifa person decides to appeal
TO BE CONSISTENTWITFITHE any decision made by the Board
Affiant further says that the said WEEKLY FLORIDA BUILDING CODE(FBC) with respect to any matter
AND OTHERPERMITTYPES; considered at the 4aring.such
NEWSPAPERS is a newspaper published PROVIDING FORSEVERABILITY;' personwllineedarecordortlte;
PROVIDING FOR REPEAL OF proceedings and may need to
at Marathon, in said Monroe County, CONFLICTING PROVISIONS; ensure that a verbatim record Is
Florida,and that the said er news a has PROVIDING FOR INCLUSION IN made including thelestrmm�y
newspaper THE MONROE COUNTY CODE;
heretofore been continuous) published PROVIDING FOR TRANSMli fFL ae Istobidenceemodwhrchthe
Y p TO THE DEPARTMENT OF STATE, appeal lSIST"NCCE de" are a
In said Monroe County, Florida, once AND PROVIDING FOR AN
EFFECTIVE DATE. person with a disabl rtywho
each week (on Thursday) and has been DuetoCOVID19andm needs specialaccpateI this s
qualified as a second class mail matter at consideration ofthat certain In order toparticllratelnlhis
q Resolution ado ted as Item R 6 proceeding,please contact the
the post office in Marathon, In Monroe attheBoards ovember17, County Admirtistratar°sO Office,
County, for period Of one year 2020,public meeting and the by phoning(305)29244+I1,
Y p Y Center for Disease Control(CDC) between the hoursof&,30 a'm,
next preceding the first publication of social distancing guidelines 500p.m.,no later than five
established to contain the ($)calendar days prior to the
the attached copy of advertisement.The spread ofthe COVID-19 virus, scheduled mr etIN;If you are
the December 9,2020,public hearing or voice impaired,call
affiant further says that he has neither hearinc��will also be conducted 17111 Live Closed Caption Ing
aid nor promised an person, firm, or vlaCMfusingaZootnWe lnar is available vi�aour web portal
P P Y P platform @ https://mcbocc. @ hitpJimonroecountyfl,
corporation any discount, rebate, zoom.uslil96623206145.The igm2.comformeetln softhe
County will Provide updates for Monroe County Boar of County
commission or refund for the purpose of Chang]ng directives for Local Commissioners.
Government Public Meetings Dated at Key West,Florida,this
securing this advertisement for on the County Website at: 191h day of November,2020,
publication in the said newspaper(s)and www,MonroeCounty-FL.Gov. KEVINtcoDOK,Cierkofthe
Below are the various options and itCouioClerkoftheBoard
that The Week News aDers is in full available to the public to view
I ncc"_ Wits 1 CI la ter of the the live meeting and/or to make of County Commissioners of
omppublic c®rmentson the public Monroe County,Florida
Florida State Statutes on Leal and hearingg. Publishi
The public can comment during November26,2020
Official AdveWLQmgnj& the live Public Hearing either by The Weekly Newspapers
phoning in or by connecting to
the live Zoom webinar link using
the following instructlons:a)To
comment on an item b phone:
Dial(646)518-980 or(dr y)
Sworn to and, subscribed before me 900-6833 and,when prompted,
enter the Webinar ID#968 2320
this I*day 2020. 6145 followed bythe#key, -
(SEAL) their*P to"Ralse your hand'
to be recog nized by the Zoom
webinar host.b)To'comment
on an item using the live Zoom
webinar link.-Open this live
` — Zoom webinar link @ https:H
Notary mcbocc.zoom.uslyW23205I45
(that also appears in both the
ppublished Agenda and Agenda
- A rar Pack+et),When prom ptol,enter
' your email address and e
TERRY PATTERSON
to loin the webinar.Whenn the
MY COMMISSION#GG 168950
W0.` EXPIRES;December 11,2021
BorWedThru Nolawy Public Underwriters
News Barometer NoweMl er 27,2112Ir
,
omeowners may need to
;spond by elevating their private
.ructures and/or determining;if
weir lot can be filled,"
The preliminary cost estimate
,ill be further analyzed as mod-
ling and conceptual design con-
nues.In the BOCC meeting, "
See ROADS an Page 21
;LEGAL NOTICES
NOTICE OF INTENTION TO CONSIDER
OI�TI�I,I 0 N SIR
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or,#s,' n'thercaRior as may be beat rho Monroe Cou qr Board sif' unto ommisalonera of
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via our web portal @AU, P t kr 2 for meetings of the Monroe County Board of
County Commissioners.
Dated at Key West,Florida,thle 19th day of November,2020
KEMN MADOK,Clerk of the Circuit Court
and qx offlelo Clerk of the Board of County
Commlesloners of Monroe County,Florida