Item M14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
REQUEST A TIME CERTAIN
Meeting Date: September 19 - 20,2001
Division:
District 1
Bulk Item: Yes
No
Department: Commissioner Dixie M. Spehar
AGENDA ITEM WORDING:
Discussion about Ordinance 029-2001 - Providing exceptions to address risks to property, public heath
and safety for an issuance of building permits to owners of any parcel with an unlawful use of
improvement.
ITEM BACKGROUND:
Ordinance 029-2001 was passed on July 19,2001.
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST;
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DMSION DIRECTOR APPROVAL:
-0/~ t22. ~),<tA)
(Commissioner xie M. Spehar)
DOCUMENTATION:
Included L
To Follow
Not Required
DISPOSITION:
AGENDA ITEM #~..,
Revised 2/27/01
_ ORDINANCE NO ~2001 1) ~ ~ ~ .y
AN ORDINANCE AMENDING SECTION 6-32; EST ABL lNO
REQUIRMENT THAT ANY PARCEL WITH AN UNLAWFUL USE
OR IMPROVEMENT UNDERTAKEN WITHIN THE FOUR (.)
YEAR STATUTE OF LIMITATIONS 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
QBDlNANCI!8' AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 6.3-14, Monroe County Code (MMCC.), bars the County from
Code enforcement prosecution against any violation of more than four (4) years after the
occurrence ot 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 atrict
policy to deny permit applications, except in case. of imminent risk to property and
public health and safety. for any property which ha. unlawful improvements or uses
unless theee improvements or uses are brought into compliance with the County Code;
and,
WHEREAS. a recent opinion rendered by Judge Richard Payne. 1611 Judicial
Circuit Court. found that Section 95.11 (3)(c), Florida Statute.. bars code enforcement
prosecution for a beyond the four (4) year statute of limitations. including enforcement of
the County flood plain regulations: and.
WHEREAS. the Board of County Commissioners of Monroe County declined
further review of the opinion of the Circuit COurt of Florida', 16" Judicial Circuit as it
relate. to code enforcement proeecution beyond the State of Florida four(4) year st8Itute
of limitations; 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 conceming the future permitting of parcell with
unlawful development activity undertaken within the four (4) year statute of limitations
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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 thst requires that any parcel that contains unlawful UI88 or
improvements undertaken within the four (4) year statute of limitations shall be brought
into compliance with Chapter 9.5. MCC prior to the issuance of a builc:jing 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:
Secllon 1. Section 6-32 is hereby created which reads as follows:
Sec. 6~2. Unl.-wful __ and Improv....nts.
Except for building pennits that are limited exclusively to addreSBing imminent
risks to property and publiC health and safety. no building permit sha'l be issued
for any use or improvement involving all or any portion of a parcel (a8 defined in
section 9.5-4 (P-1), Monroe County Code) which contains an unlawful use or
Improvement undertaken within the four (4) yeer statute of limitations (Sect.
95.11, (3) (c) Florida Statutes) until the parcel is brought into compliance with the
provisions of Chapter 9.5, Monroe County Code. By way of illustration and not
limitation, permits may be i88ued for repairs and replacement of roof and other
building structural components to the extent neC8S8llry to addre88 imminent risks
to property damage and public safety and health, such as for. but not limited to.
the repair of leaking roots and damaged roofs. waUs, foundation; and. violations
of building. electrical, mechanical, and electrical codes. Any such permit ahaP
contain a provision requiring compliance with the provisions of Chapter 9.5 of the
Monroe County Code by date certain
'ectlo" 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 ordinenee shall be include and incorporated in
the Code of Ordinances of the County of Monroe, Florida. as an addition or amendment
lhentto. and shall be appropriately renumbet8d to conform to the \.I1iform numbering
system of the Code.
,ecllo" 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 b_n filed with .aid 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.
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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 Tem Nora Williams
CommissiOner Char1es "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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