Resolution 162-2021 5
6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO.162-2021
9
10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS AUTHORIZING THE SENIOR DIRECTOR OF THE
12 PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT OR
13 HER AUTHORIZED DESIGNEE TO EXTEND THE TIME LIMIT OF
14 ROGO AND NROGO ALLOCATION AWARDS FOR ROGO/NROGO
15 YEAR 29 QUARTER 4 FOR AN ADDITIONAL 180 DAYS, AND
16 AUTHORIZING THE MONROE COUNTY BUILDING OFFICIAL OR HIS
17 AUTHORIZED DESIGNEE TO APPROVE AN ADDITIONAL 180-DAY
18 EXTENSION TO THE TIME LIMITS FOR COMMENCEMENT OF
19 CONSTRUCTION AND REQUIRED INSPECTIONS FOR ROGO/NROGO
20 BUILDING PERMITS ISSUED PRIOR TO THE EFFECTIVE DATE OF
21 THIS RESOLUTION, ALL DUE TO THE IMPACTS OF THE NOVEL
22 CORONAVIRUS(COVID-19) STATE OF EMERGENCY.
23
24
25 WHEREAS,the Monroe County Board of County Commissioners("BOCC","Board",or
26 "Monroe County") is the legislative body of Monroe County, Florida, and constitutes the local
27 legislature of Monroe County, Florida; and
28
29 WHEREAS, Florida Statute § Section 252.38(3)(a), gives authority to political
30 subdivisions to declare and enact a State of Local Emergency for a period of up to seven(7)days,
31 thereby waiving the procedures and formalities otherwise required of the political subdivision by
32 law; and
33
34 WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number
35 20-51 directing the State Health Officer and Surgeon General to declare a Public Health
36 Emergency due to the novel coronavirus (COVID-19) pandemic occurring and spreading in
37 Florida; and
38
39 WHEREAS,on March 9, 2020, the Governor of Florida issued Executive Order Number
40 20-52,declaring a State of Emergency for the State of Florida related to COV ID-19,extended by,
41 in pertinent part, Executive Order Numbers 20-114 and 20-166, amended by Executive Order
42 Number 20-192, and extended by Executive Order Numbers 20-213, 20-316 and 21-45; and
43
44 WHEREAS, the spreading COVID-19 pandemic poses a health risk to Monroe County
45 residents, as well as to visitors to Monroe County; and
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1 WHEREAS, responding to the threat posed by the COVID-19 pandemic may require
2 extraordinary and immediate actions by Monroe County in order to protect the public health,
3 safety, and welfare of residents of and visitors to Monroe County; and
4
5 WHEREAS, Section 1 I-I of the Monroe County Code(MCC) vests the Monroe County
6 Mayor with the authority to declare a state of local emergency for a renewable period of up to
7 seven(7) days; and
8
9 WHEREAS,the Monroe County Mayor declared a State of Local Emergency on or about
10 March 15,2020,due to the COVID-19 pandemic,to,in pertinent part,"initiate protective measures
11 necessary to ensure the health, safety,and welfare of residents and visitors"; and
12
13 WHEREAS,on April 15, 2020, the BOCC adopted Resolution No. 100-2020, approving
14 a temporary suspension of the expiration of ROGO and NROGO allocation awards by giving
15 additional time for permit issuance for previously awarded allocations,and deferral of ROGO Year
16 28 Quarter 3 applications until the scheduled Quarter 4 allocation period,due to the impacts of the
17 COVID-19 pandemic; and
18
19 WHEREAS, on August 26, 2020, the Planning Commission approved 54 ROGO awards
20 for ROGO Year 28, Quarters 3 and 4; and
21
22 WHEREAS, Resolution No. 100-2020 did not include extensions for ROGO/NROGO
23 awards in Year 28, Quarters 3 and 4; and
24
25 WHEREAS, on November 17, 2020, the BOCC adopted Resolution No. 398-2020,
26 approving extension of the time limit of ROGO and NROGO allocation awards for
27 ROGO/NROGO Year 28 Quarters 2,3 and 4 and ROGO/NROGO Year 29 Quarters 1,2 and 3 for
28 an additional 180 days, and authorizing the Monroe County Building Official or his authorized
29 designee to approve an additional 180-day extension to the time limits for commencement of
30 construction and required inspections for ROGO/NROGO building permits issued between March
31 10,2020, and November 17, 2020; and
32
33 WHEREAS, pursuant to Sections 138-25 and 138-52 of the Monroe County Land
34 Development Code (LDC), ROGO and NROGO permits which do not require updates to plans
35 based on the building code are given 60 days from the date of the allocation letter to have the
36 permit issued, while permits that do require updated plans based on the building code are given
37 180 days from the date of the allocation letter to have the permit issued; and
38
39 WHEREAS, Land Development Code Sections 138-25(h) and 138-25(k) indicate that
40 ROGO allocation awards will expire if building permits are not picked-up/issued or if issued
41 permits expire, thereby requiring property owners to reapply for ROGO allocation awards; and
42
43 WHEREAS, Land Development Code Sections 138-52(i) and 138-52(m) indicate that
44 NROGO allocation awards will expire if building permits are not picked-up/issued or if issued
45 permits expire, thereby requiring property owners to reapply for NROGO allocation awards; and
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1 WHEREAS, pursuant to Monroe County Code Section 6-102, if a permit is not issued,
2 then the permit shall automatically expire and become null and void; and
3
4 WHEREAS, the Florida Building Code and Monroe County Code (MCC) Section 6-103
5 provide that permits shall become null and void unless work authorized by the permit is
6 commenced with 180 days and, once commenced, required inspections are conducted within 180
7 days from the last passed inspection; and
8
9 WHEREAS, building permits issued on or before March 9, 2020, were/are eligible for
10 extensions under Executive Order No. 20-52 and subsequent extensions/amendments; and
11
12 WHEREAS, some building permits issued on or before March 9, 2020 were granted
13 extensions under Executive Order No. 20-52 and subsequent extensions/amendments, but then
14 proceeded to continue construction, received passed inspections, and are therefore no longer
15 eligible for any further extension under Executive Order No. 20-52 and subsequent
16 extensions/amendments; and
17
18 WHEREAS, ROGO/NROGO building permits which had pending permit issuance
19 deadlines and have been issued on or after March 10, 2020 are therefore not eligible for state of
20 emergency extensions under the Governor's Executive Order No. 20-52 and subsequent pertinent
21 extensions/amendments; and
22
23 WHEREAS, the construction industry in Monroe County has provided feedback to the
24 Monroe County Planning and Environmental Resources Department indicating that, due to the
25 impacts of the COVID-19 pandemic, additional time is still needed to meet the deadlines required
26 for ROGO/NROGO permits; and
27
28 WHEREAS, the above-referenced feedback received includes that property owners are
29 still replacing homes from Hurricane Irma, in addition to developing homes subject to ROGO,
30 thereby creating a higher demand on building materials, that public health and medical protocols
31 necessitated by the COVID-19 pandemic have restricted production levels of building materials
32 and other materials have slowed creating a shortage of product that remains an issue at this time,
33 and due to the COVID-19 pandemic the building dynamic has changed and increased the cost of
34 development; and
35
36 WHEREAS, the BOCC wishes to address these concerns expressed by the construction
37 industry regarding the impacts of the COVID-19 pandemic on the ability to meet required
38 timelines for construction;
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
44 are hereby incorporated as if fully stated herein.
45
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1 Section 2. Applicants who are approved for allocation awards by the Planning Commission
2 for upcoming ROGO/NROGO Year 29, Quarter 4 (Application period April 13,
3 2021 through July 12, 2021; Planning Commission Hearing for awards scheduled
4 to be held in August 2021) shall be given 240 days if building plans are current, or
5 360 days if building plans are required to be updated, to pick up the permit. The
6 Planning and Environmental Resources Department will notify applicants/agents
7 via e-mail, when e-mail addresses are provided in the application,and/or by regular
8 mail or certified mail, notwithstanding the days specified in Monroe County
9 Code(s).
10
I I Section 3. Applicants who have ROGO/NROGO building permits that were issued prior to
12 the effective date of this Resolution shall be eligible for an additional 180-day
13 extension, notwithstanding Monroe County Code Section 6-103, for
14 commencement of construction and/or required inspections, provided that the
15 permit meets the following criteria:
16
17 1) The building permit was not expired as of March 10,2020, or was issued on or
18 after March 10, 2020;
19 2) The building permit is not eligible for Executive Order Extension(s) from 20-
20 52 or subsequent extensions/amendments (including permits that were
21 previously granted an extension under Executive Order No. 20-52 and
22 subsequent extensions/amendments, but later proceeded with construction and
23- ---- - are no longer eligible for any further extension under Executive Order No. 20-
24 52 and subsequent extensions/amendments);
25 3) The building permit did not already receive an extension under Section 6 of
26 Resolution No. 398-2020;and
27 4) The property owner applies for a 180-day extension as prescribed by the
28 Monroe County Building Department on or before June 30, 2021.
29
30 Section 4. The extensions provide herein shall run concurrently with any other relevant
31 extension(s) available and timely and lawfully obtained.
32
33 Section 5. The Monroe County Building Official or his authorized designee, and the Senior
34 Director of the Planning and Environmental Resources Department or her
35 authorized designee, are hereby authorized to render extension decisions pursuant
36 to and in accordance with this Resolution.
37
38 Section 6. Construction and Interpretation. This Resolution and its interpretation shall be
39 liberally construed and enforced in favor of Monroe County to effectuate its public
40 purpose(s)and policy(ies)of the County.The construction and interpretation of this
41 resolution and all Monroe County Comprehensive Plan provision(s), Florida
42 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
43 interpretation arises out of, relates to, or is interpreted in connection with this
44 resolution shall be liberally construed and enforced in favor of Monroe County to
45 effectuate its public purpose(s)and policy(ies)of the County,and shall be construed
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1 in favor of the BOCC and such construction and interpretation shall be entitled to
2 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
3 appeal.
4
5 Section 7. No Liability.Monroe County expressly reserves and in no way shall be deemed to
6 have waived, for itself or for its officer(s), employee(s),or agent(s), any sovereign,
7 governmental, and any other similar defense, immunity, exemption, or protection
8 against any suit,cause-of-action,demand, or liability.
9
10 Section 8. Severability. If any provision of this resolution, or any part or portion thereof, is
11 held to be invalid or unenforceable by any administrative hearing officer or court
12 of competent jurisdiction, the invalidity or unenforceability of such provision, or
13 any part or portion thereof, shall neither limit nor impair the operation,
14 enforceability,or validity of any other provision of this resolution,or any remaining
15 part(s) or portion(s)thereof All other provisions of this resolution, and remaining
16 part(s)or portion(s) thereof, shall continue unimpaired in full force and effect.
17
18 Section 9. Effective Date.This Resolution shall become effective upon approval by the Board
19 of County Commissioners of Monroe County, Florida.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
22 Florida, at a regular meeting held on the 21'day of April, 2021.
23
24 Mayor Michelle Coldiron Yes
25 Mayor Pro Tern David Rice Yes
26 Commissioner Craig Cates Yes
27 Commissioner Eddie Martinez Yes _ _
28 Commissioner Mike Forster Yes
29
30 BOARD OF COUNTY COMMISSIONERS -
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38 ATT:Pn: KE MAD , CLERK • A VEDc TOFORM
39 C 6..w/ Date: a 1191
40 AS EPUTY CLERIC
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