Item I2 County of onroe + ry M60ay1oRr 1D OrF C ODIa N iTs IR O.:111ti 1a
0NERS
Ma Michelle ColdvoDsvm
The Florida Keys Craig Cates,District I
Eddie Martinez,District 3
Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number. I.2
Agenda Item Summary #7626
CORRECTED PLACEMENT: Item to be read as a Public Hearing item
at Time Approximate 1:30 PM, and amended Agenda Item Wording(below).
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305)453-8727
No
AGENDA ITEM WORDING: A public hearing to consider an—AB Ordinance by the Monroe
County Board of County Commissioners Amending Monroe County Code Section 6-103,
Eliminating the 60-day Permit Expiration for Demolition Permits; the Inability of the Building
Official to Extend a Demolition Permit; and Outdated Wording Related to Permits and Inspections
that Require Inspections to Occur Every 180 Days to Maintain a Building Permit's Validity to be
Consistent with the Florida Building Code (FBC) and Other Permit Types; Providing for
Severability; Providing for the Repeal of Conflicting Provisions; Providing for Inclusion in the
Monroe County Code; Providing for the Transmittal to the Department of State; and Providing for
an Effective Date
•
ITEM BACKGROUND:
Staff(Building Department staff) is requesting this Code amendment for the benefit of and in aid of
private property owners and private contractors. The Code currently limits the validity of demolition
permits (as a special case) to 60 days from the date of issuance, with no extensions allowed. Other
permits generally have a much longer time-frame, with a minimum 180-day time-frame for each
required inspection to occur, before the subject permit expires. Related to this, staff is also
proposing a change to remove outdated language regarding inspections highlighted in red print on
the subject permit card. This process, including but not limited to the"inspections highlighted in red
print on the subject permit card" language, has been superseded over the passage of time/superseded
over time, and currently/under current state and local code(s) all required inspections that have been
performed and approved, demonstrate valid progress. This is consistent with the Florida Building
Code(FBC).
The following changes, shown in underline/strikethrough are being proposed:
Sec. 6-103. Issued permits.
(b) Permit time limitations. Every permit issued shall become null and void unless the work
authorized by such permit is commenced within six months after its issuance, or if the work
authorized by such permit is suspended or abandoned for a period of six months after the time the
work is commenced. Work is considered commenced if it has received an approved initial inspection
pursuant to permit requirements or an approved temporary electrical inspection. Any valid permit,
for which construction has commenced, must progress in a timely fashion. The only method by
which timely valid progress of authorized work may be demonstrated is through the building
department's having performed and approved an a required inspection that is highlighted in red print
on the building permit display card within 180 days measured from either:
(I)As to the initial inspection, the date work was required to begin;or
(2) As to inspections subsequent to the initial inspection, from the date of the last performed and
approved required inspection hat..as `igh ghtcd i_ red on the display card.
t"'b"'L...b.,�.,9�t.rl"•6/ra^•s-- : column/tie beam; slab/wood floor; roof
(fliersereieheathingtfin.. roofing. A I!` d .. gh .. mbing;to gh n mtr framing;
mLing ; final lectr and final b ilding.
YY#
(f) Demolition permits (sp.,cial case). Any permits for the demolition of a strurt've-rMu-wTz,-
elay., frog« the date of a e No-extensiens-s:h41-be-ablewed,
PREVIOUS RELEVANT BOCC ACTION:
On November 17, 2020 the BOCC approved advertisement of this proposed ordinance.
The current Code language has been in place since no later than the Code revisions of 1979.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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 11/20/2020 1:49 PM
Assistant County Administrator Christine Hurley Skipped
11/20/2020 12:41 PM
Peter Morris Completed 11/23/2020 3:59 PM
Purchasing Completed 11/23/20204:01 PM
Budget and Finance Completed 11/23/2020 4:10 PM
Maria Slavik Completed 11/23/2020 7:04 PM
Liz Yongue Completed 11/24/2020 11:37 AM
Board of County Commissioners Pending 12/09/2020 9:00 AM
1
2
3
4
5
6
7 ORDINANCE - 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. -2020
Page 1 of 4
I WHEREAS,at a regularly scheduled meeting held on 9'h 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 strickem0xengb and additions are underlined.)
14
15 Sec. 6-103. Issued permits.
16
17 mita
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 an a
27 required inspection that is highlighted in red print on the building permit display card within
28 180 days measured from either:
29
30 (I) 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 that ••es highlighted c_ rod print on the
34 display card.
35
36
37
" /eager c 'iingipiling " rade bea sieb; "tic nit be0ii,' 'lab d :loot
38
a.r,; oas�„ s �aP;�. dtie i�o,ee
39
40
41
42
43 mast
44
45 (e Deme t.. (s_eci_ _ s_) n_. _ f_.he dem.JLL_n ofa e sha e e
46
47
Ord.No. -2020
Page 2 of 4
1 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)(6), 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 9th day of December, 2020.
41
42 Mayor Michelle Coldiron
43 Mayor Pro Tem David Rice
44 Commissioner Craig Cates
45 Commissioner Eddie Martinez
46 Commissioner Mike Forster
47
Ord.No. -2020
Page 3 of 4
BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 BY:
5 Mayor Michelle Coldiron
6
7
8
9 (SEAL)
10 ATTEST: KEVIN MADOK, CLERK
II
12 MONROE COUNTY ATTORNEY
13 BY mu: nvPo
14 Deputy Clerk
Ord.No. -2020
Page 4 of 4
�5 L2
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile FlOnda Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: I.2
Agenda Item Summary #7626
BULK ITEM: Yes DEPARTMENT: Building
TIME APPROXIMATE: STAFF CONTACT: Ed Koconis (305) 453-8727
No
AGENDA ITEM WORDING: An Ordinance by the Monroe County Board of County
Commissioners Amending Monroe County Code Section 6-103, Eliminating the 60-day Permit
Expiration for Demolition Permits; the Inability of the Building Official to Extend a Demolition
Permit; and Outdated Wording Related to Permits and Inspections that Require Inspections to Occur
Every 180 Days to Maintain a Building Permit's Validity to be Consistent with the Florida Building
Code (FBC) and Other Permit Types; Providing for Severability; Providing for the Repeal of
Conflicting Provisions; Providing for Inclusion in the Monroe County Code; Providing for the
Transmittal to the Department of State; and Providing for an Effective Date
ITEM BACKGROUND:
Staff(Building Department staff) is requesting this Code amendment for the benefit of and in aid of
private property owners and private contractors. The Code currently limits the validity of demolition
permits (as a special case) to 60 days from the date of issuance, with no extensions allowed. Other
permits generally have a much longer time-frame, with a minimum 180-day time-frame for each
required inspection to occur, before the subject permit expires. Related to this, staff is also
proposing a change to remove outdated language regarding inspections highlighted in red print on
the subject permit card. This process, including but not limited to the "inspections highlighted in red
print on the subject permit card" language, has been superseded over the passage of time/superseded
over time, and currently/under current state and local code(s) all required inspections that have been
performed and approved, demonstrate valid progress. This is consistent with the Florida Building
Code (FBC).
The following changes, shown in underline/strikethrough are being proposed:
Sec. 6-103. Issued permits.
(b) Permit time limitations. Every permit issued shall become null and void unless the work
authorized by such permit is commenced within six months after its issuance, or if the work
Packet Pg. 2008
L2
authorized by such permit is suspended or abandoned for a period of six months after the time the
work is commenced. Work is considered commenced if it has received an approved initial inspection
pursuant to permit requirements or an approved temporary electrical inspection. Any valid permit,
for which construction has commenced, must progress in a timely fashion. The only method by
which timely valid progress of authorized work may be demonstrated is through the building
department's having performed and approved a* a required inspection *h4 is highlighted i roe
on the building permit display card within 180 days measured from either:
(1) As to the initial inspection, the date work was required to begin; or
(2) As to inspections subsequent to the initial inspection, from the date of the last performed and
approved required inspection*h4 was highlighted i rod r,-in on the display card.
ame*ded f+em time te time by J.4e bttildi*g effieial, may i*e1ttde, btA shall *et be limited tei a*),
(f) Pemelitie* permits (speeial ease). A*y permits fer- �he demelitie* ef a sti-aettir-e shall e*pir-e
days fFe, 4e of isrsd-a*ee No e*te liens shall be .,ll.,wo.a
PREVIOUS RELEVANT BOCC ACTION:
On November 17, 2020 the BOCC approved advertisement of this proposed ordinance.
The current Code language has been in place since no later than the Code revisions of 1979.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Packet Pg. 2009
L2
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 11/20/2020 1:49 PM
Assistant County Administrator Christine Hurley Skipped
11/20/2020 12:41 PM
Peter Morris Completed 11/23/2020 3:59 PM
Purchasing Completed 11/23/2020 4:01 PM
Budget and Finance Completed 11/23/2020 4:10 PM
Maria Slavik Completed 11/23/2020 7:04 PM
Liz Yongue Completed 11/24/2020 11:37 AM
Board of County Commissioners Pending 12/09/2020 9:00 AM
Packet Pg. 2010
1.2.a
rs
2
3 �l
I�t
4 F
5 frl��
6
7 ORDINANCE - 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 E
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. -2020
Page 1 of 4
Packet Pg. 2011
1.2.a
I WHEREAS, at a regularly scheduled meeting held on 9t' 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 st+ieke*d4r-effo 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 L)
20 authorized by such permit is commenced within six months after its issuance, or if the work 2
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 an a
27 required inspection 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 0
33 performed and approved required inspection on the
34 display card.
35
36
37 .
38 , ;
39 ;
40 ;
41
42
43 *****
44
45
46 f• the a N tensiens hall be ll .a
.nor-crrc-cc&� sa-�ce�vcn�cn�rssn-mr-Qc-cc�v=v�ccr
47
Ord. No. -2020
Page 2 of 4
Packet Pg. 2012
1.2.a
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 9th day of December, 2020.
41
42 Mayor Michelle Coldiron
43 Mayor Pro Tem David Rice
44 Commissioner Craig Cates
45 Commissioner Eddie Martinez
46 Commissioner Mike Forster
47
Ord. No. -2020
Page 3 of 4
Packet Pg. 2013
1.2.a
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 BY:
5 Mayor Michelle Coldiron
6
7
8
9 (SEAL)
10 ATTEST: KEVIN MADOK, CLERK
11
12 MUNROF COUNTY ATTORNEY
Am
13 By Date.
14 Deputy Clerk
c�
Ord. No. -2020
Page 4 of 4
Packet Pg. 2014