Item B11
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 amend Section
6-40( d)(2) and Section 6-40 (e )(2), Monroe County Code.
ITEM BACKGROUND: The proposed ordinance is intended to amend provisions for the Monroe
County Code that allow for the extension of permits prior to their inactivation, before and after work has
started. After issuance of a building permit and prior to work starting, the current language of Section 6-
40(b)(2) requires a 60 day extension of a permit beyond the 60 day expiration day, if requested in writing
by the permit holder. Rather than allow for written 60 day extensions, which is administratively
burdensome and results in a 120 day period anyway, the staff recommends a revision to the code to
increase the time period before the permit expires from 60 days to 120 days.
In addition, the staff is recommending an amendment to Section 6-40 (e )(2) that after work has begun, the
permit holder may request a 120 day extension beyond the 120 day time period for a required inspection, if
requested prior to a permit becoming inactive. The current ordinance allows the permit holder to submit a
written request for a 60 extension within 60 days of the permit expiring. This change will make the
process more efficient and will parallel the proposed amendment to Section 6-40( d)(2).
PREVIOUS RELEVANT BOCC ACTION: Adopted amendments to Section 6-40 on January 6, 2000.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
X
BUDGETED: Yes N/A
No
COST TO COUNTY:N/ A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A Year
DOCUMENTATION:
Included X
Risk Management N/ A
APPROVED BY:
County Atty ~
DIVISION DIRECTOR APPROVAL:
Not Required_
AGENDA ITEM #~,
DISPOSITION:
Revised 2/27/01
ORDINANCE NO. 2001
AN ORDINANCE AMENDING SECTION 6-40 (d)(2) AND SECTION 6-40
(d)(2), MONROE COUNTY CODE; ESTABLISHING 120 DAY ACTIVE
PERIOD FOR PERMITS AFTER ISSUANCE AND PRIOR TO WORK
STARTED; AMENDING EXTENSION PERIOD FOR INACTIVE
PERMITS FROM 60 DAYS TO 120 DAYS PROVIDED THAT THE
EXTENSION IS PRIOR TO PERMIT BECOMING INACTIVE;
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 6-40, Monroe County Code ("MCC") and Chapter 9.5,
MCC, requires that work authorized by an issued building permit must begin within a 60
day period or the permit automatically expires; and,
WHEREAS, Section 6-40 (d)(2), MCC, provides that a permit holder may obtain
at no cost a one-time 60 day extension prior to work starting; and,
WHEREAS, Section 6-40 (e)(2), MCC, provides that a permit may obtain at no
cost a one-time 60 day extension within 60 days of the permit becoming inactive; and,
WHEREAS, the Building Department continuously must respond to requests for
such one-time only extensions, which needlessly burdens the staff in administratively
responding to such requests; and,
WHEREAS, amending the existing language of Section 6.40 (d)(2) to extend the
time that work authorized by an issued building permit must start from 60 to 120 days
will more efficiently meet the intent of the Code to ensure permitted work is begun in an
expeditious manner; and,
WHEREAS, amending the existing language of Section 6.40 (e)(2) to only allow
a free, 120 day one-time extension prior to the permit becoming inactive will assist the
staff in more efficiently meeting its responsibilities and serve its customers; and,
WHEREAS, the County Growth Management staff has prepared revisions to
Section 6-40 (d) (2), and Section 6-40 (e)(2), MCC, to extend the subject time periods.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: .
Section 1. The existing heading to Section 6-40 (d)(2) MCC, is hereby amended
to read as follows (new language is underlined and deleted language is shown as
strikethrough):
(2) In the event that he work outlined on the permit has not begun within tRe
sixty d3Y poriod one-hundred twenty (120) days of the effective date of
the permit, the permit shall automatically expire. The new application fee
and total permit fee already paid shall not be refunded. Upon expiration,
C:\DOCUM ENT\BOCC\modify640( d)(2 ).doc
Page 1 of 3
any future activity shall require a new application along with all
appropriate fees, as well as a valid allocation award in accordance with
the Dwelling Unit Allocation Ordinance. However, if :Jt any time prior to
the expiration of the permit, the permit holder requests, in writing, th:Jt the
:Jppropriate builEling department office grant a one time sixty day
extension, such extension shall be gr:JnteEl. Only one (1) sixty d:JY
extension is :Jllowed under this subsection (d).
Section 3. The existing heading to Section 6-40 (e)(2) MCC, is hereby amended
to read as follows (new language is underlined and deleted language is shown with a
strikethrough):
(2) Any permit whose progress fails to meet the "required inspection within
one hundred twenty (120) days" requirement shall become inactive; and
any further activity shall require submission of a permit reactivation
application and payment of any applicable fees, to reactivate the permit.
Any inactive permit which is not reactivated within one (1) year of the last
approved, required, inspection, shall automatically expire; thereafter, any
future activity shall require a new application, payment of appropriate
fees, and issuance of a valid allocation award, in accordance with the
Dwelling Unit 811ocation Ordinance. However, at any time within sixty
(60) d:JYs :Jfter prior to the permit becomesl!Jg inactive for failure to the
meet the "required inspection within the one hundred twenty (120) days"
requirement, the permit shall be extended upon the written request of the
permit holder, without charge, for one additional period of sixty (60) one
hundred twentv (120) days. In addition, an inactive permit may be
reactivated and extended, prior to expiration for a single, one-time only,
one hundred twentv (1201.. -Gay period upon payment of a one hundred
dollar ($100.00) reactivation fee. Within sixty (60) days after reactivation
of the permit, the work in place is subject to such inspection(s) as the
building official may deem necessary to determine the current condition of
any work, which may have deteriorated during the period of inactivity, and
progress of the work including any corrective ordered by the building
official, must resume. The applicant for reactivation and 120-day
extension of the inactive permit must sign an acknowledgment that upon
reactivation of the permit, no further extension, renewal or reactivation will
be granted and that if the permit expires, the property owner shall be
required to comply with the nuisance abatement provisions of the Code or
the work in place will be demolished. The provisions of this section apply
to the permittee, any applicant for reactivation of an inactive permit, and
successive owners of the property which is the subject of the permit.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 6. 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
C:\DOCUM ENT\BOCC\modify640( d)(2),doc
Page 2 of 3
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 7. 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 8. 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.
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
C :\DOCUM ENT\BOCC\modify640( d)(2).doc
Page 3 of 3