Item B10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 21, 2001
Division:
Growth Management
Bulk Item: Yes X
No
Department: Building
AGENDA ITEM WORDING: Approval to advertise an ordinance for public hearing to create Section 6-32,
Monroe County Code.
ITEM BACKGROUND: The proposed ordinance is to create a provision in the Monroe County Code that
specifically requires that any unlawful use or improvement on a property be brought into compliance prior to
the issuance of a building permit, except in cases of imminent risk to property and public health and safety. The
Growth Management Division based on internal policy and various provisions of Chapter 9.5 (Land
Development Regulations) of the Monroe County Code has historically not issued permits on properties where
known unlawful uses or improvements exist. The Judge Payne decision on the four-year statute of limitations
has further weakened the County's ability to bring properties with unlawful uses and improvements into
compliance. Therefore, the Growth Management Division with the advice of the County Attorney believes that
language reflecting the policy of not permitting properties with unlawful uses and improvements needs to be
specifically incorporated in the Monroe County Code to eliminate any ambiguities in its application and legal
defense.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
X
BUDGETED: Yes N/A
No
TOTAL COST:
COST TO COUNTY: N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty ~ OMB/Purchasing N/ A
anagement N/ A
DIVISION DIRECTOR APPROVAL:
arry, AICP
DOCUMENTATION: Included
X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # a ...~o
Revised 2/27/01
ORDINANCE NO. 2001
AN ORDINANCE CREATING SECTION 6-32; ESTABLISHING
REQUIRMENT THAT ANY PARCEL WITH AN UNLAWFUL USE
OR IMPROVEMENT SHALL BE BROUGHT INTO CODE
COMPLIANCE PRIOR TO THE ISSUANCE OF A BUILDING
PERMIT; PROVIDING EXCEPTIONS TO ADDRESS RISKS TO
PROPERTY AND PUBLIC HEALTH AND SAFETY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6.3-14, Monroe County Code ("MCC"), bars the County from
Code enforcement prosecution against any violation of more than four (4) years after the
occurrence of the non-compliant event, except for unlawful construction within the flood
hazard areas; and,
WHEREAS, Section 9.5-316.1, MCC requires that any structure located within
the flood hazard shall comply with all provisions of County's flood plain regulations; and,
WHEREAS, Section 9.5-112 (f), MCC, requires that an proposed development or
modification of existing development for which a building permit is issued is compliant
with Chapter 9.5, MCC; and,
WHEREAS, Section 9.5-49, MCC, provides authority for the Director of Planning
to suspend consideration of any building permit application pending a code enforcement
proceeding involving all or a portion of the parcel proposed for development; and,
WHEREAS, County Growth Management Division has historically had a strict
policy to deny permit applications, except in cases of imminent risk to property and
public health and safety, for any property which has unlawful improvements or uses
unless these improvements or uses are brought into compliance with the County Code;
and,
WHEREAS, a recent opinion rendered by Judge Richard Payne, 16th Judicial
Circuit Court, found that Section 95.11 (3)(a), Florida Statutes, bars code enforcement
prosecution for a beyond the four year statute of limitations, including enforcement of the
County flood plain regulations; and,
WHEREAS, it is the staff's opinion that the Judge's opinion and the four-year
statute of limitations on code enforcement action combined with the lack of explicit
language in Chapter 6 or Chapter 9.5 concerning the permitting of parcels with unlawful
development activity make it increasingly difficult for the County staff to bring unlawful
development into compliance; and,
WHEREAS, Growth Management Division staff has prepared a revision to the
MCC creating Section 6-32 that requires that any parcel that contains unlawful uses or
improvements shall be brought into compliance with Chapter 9.5, MCC prior to the
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issuance of a building permit, except in situations of imminent risk to property and public
health and safety;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 6-32 is hereby created which reads as follows:
Sec. 6-32. Unlawful uses and improvements.
Except for building permits that are limited exclusively to addressing imminent
risks to property and public health and safety, no building permit shall be issued
for any use or improvement involving all or any portion of a parcel (as defined in
section 9.5-4 (P-1), Monroe County Code) which contains an unlawful use or
improvement until the parcel is brought into compliance with the provisions of
Chapter 9.5, Monroe County Code.
Section 2. 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 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be include 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 5. This ordinance shall take effect immediately upon receipt of the
official notice from the Office of the Secretary of State of the State of Florida that this
ordinance has been filed with said Office.
Section 6. The Clerk of the Board is hereby directed to forward a copy of this
Ordinance to Municipal Code Corporation for incorporation into the Monroe County Code
of ordinances.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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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 July, AD, 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
ATTEST: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
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