Item J09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 18. 2004
Division: Growth Management
Bulk Item: Yes L No
Department: N/ A
AGENDA ITEM WORDING: Approval to advertise for public hearing an ordinance amending
Section 6-29 (Fines and Requirements for Work Done Without Benefit of Permit), Monroe County
Code, to revise fees for After the Fact Permits and to create a requirement for payment of mitigation
fees to the County's Environmental Restoration Fund for illegal filling and clearing of environmentally
sensitive lands.
ITEM BACKGROUND: Concerns have been raised by the public, BOCC and County staff regarding
the illegal clearing of environmentally sensitive lands and development occurring without benefit of
permit. The staff believes that the County's current regulations do not adequately deter this illegal
activity. Changes are being proposed to increase the fees for After The Fact (AFT) permits required to
bring non-permitted development and clearing activity into compliance and to provide for payment of
mitigation fees into the Environmental Restoration Fund as part of the AFT permitting requirements
for illegal filling and clearing of environmentally sensitive lands.
PREVIOUS RELEVANT BOCC ACTION: Approved comprehensive amendments to Chapter 6
(Building Code) in Ordinan'ce 10-2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED:
Yes N/ A
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes No
AMOUNT PER MONTH N/ A Year
APPROVED BY: County Atty -L-
,AICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X To Follow
. Not Required_J q
AGENDA ITEM #
DISPOSITION:
ORDINANCE NO. -2004
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 6-29,
MONROE COUNTY CODE; PROVIDING FOR AN INCREASE IN
AFTER- THE-FACT FEES FOR CLEARING, FILLING, AND
WORK DONE WITHOUT A PERMIT; PROVIDING FOR A
MITIGATION FEE TO BE PAID TO THE COUNTY
ENVIRONMENTAL RESTORATION FUND FOR FILLING OF
WETLANDS WITHOUT A PERMIT; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Growth Management Division and its Code Enforcement
Department are continually having to respond to construction work and land clearing and
filling being done without benefit of a permit contrary to the County's construction and
land development regulations; and,
WHEREAS, consistent with Florida Statutes, the primary approach for
enforcement of the County's regulations is by bringing unpermitted work and activity
into voluntary compliance rather than by the levying of fines; and,
WHEREAS, Chapter 162, Florida Statutes, limits the County's authority to levy
fines where compliance is obtained and no violation has occurred of an irreparable or
irreversible in nature; and,
WHEREAS, the primary tool remammg to the County as a deterrent to
unauthorized work or clearing and filling is the fee schedule and provisions of Section 6-
29 and environmental restoration standards and provisions of Section 9.5-119, Monroe
County Code ("MCC"); and,
WHEREAS, Section 6-29 (a)(1), MCC, establishes the fee for obtaining a permit
after the fact at $250 or 10 percent of the value of the construction already completed,
whichever is greater, or obtaining a demolition permit to bring the site back into its
original condition; and,
WHEREAS, where land clearing is done without a permit, the site must be
restored in accordance with Section 9.5-119, MCC, and an after-the-fact permit must be
obtained for a fee of $250; and,
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WHEREAS, where placement of fill is done without a permit, either an after-the-
fact permit must be obtained for a fee of $250 or, if all the fill is to be removed, a
demolition permit must be obtained for a fee of $50 and the site restored to its original
condition; and,
WHEREAS, the County incurs additional costs to investigate and bring into
compliance illegal construction and land clearing and filling activities, which must be
borne by the Monroe County taxpayer, as the after-the-fact permit fees for such activities
are insufficient to cover these additional costs or provide an adequate deterrent to further
violations; and,
WHEREAS, the filling of wetlands has negative long-term impacts on these
sensitive environmental communities that can not be adequately restored even with the
removal of the illegal fill, but can be partially mitigated off-site, as authorized for
permitted fill activities in disturbed wetlands under Section 9.5-348(d)(6), MCC; and,
WHEREAS, it is very difficult to sustain an allegation of an irreparable or
irreversible violation before the Special Master or in a court of law, as specific evidence
to support the allegation is generally lacking, especially in clearing of environmentally
sensitive habitat with endangered and other protected species; and,
WHEREAS, the Growth Management Division staff has prepared amendments to
Section 6-29, MCC, to more adequately recover the costs incurred by the County to bring
these unpermitted activities into compliance and, at the same time, increase the
disincentives for doing work or land clearing and filling without benefit of a permit; and,
WHEREAS, the Growth Management Division staff is working on amendments
to Section 9.5-119, MCC, to strengthen the County's environmental restoration standards
regarding illegal land clearing and filling to more adequately restore and protect
significant upland habitat and wetland communities; and,
WHEREAS, the Board of County Commissioners has reviewed the proposed
amendments to Section 6-29, MCC, recommended by the Growth Management Division
staff;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THE FOLLOWING:
Section 1.
Section 6-29 (a)(1), MCC, is hereby amended as follows:
(1)
Any person who commences any work requiring a permit under this
chapter on a building, structure, electrical, gas, mechanical or plumbing
system before obtaining the building official's approval or necessary
permits shall p:l1~' t'''9 RYR9re9 fift~, 9911:11rl;; ($2.50.00) Qr teR (10) perf;:eRt of
the ":I1}lle gftbe ~9Rl;;tructigR '\'grJ:. :I1lrea9~' c9mplete9, 'l.'hicRe"er il;; greAter
pay five-hundred dollars ($500) for completed construction work that is
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Section 2.
follows:
Section 3.
Section 4.
(4)
Section 5.
valued at $5,000 or less or, pay one-thousand dollars ($1,000) for
completed work that is valued at more than $5,000 or ten (10) percent of
the value of the construction work already completed, whichever is
greater.
The first sentence of Section 6-29(a)(2), MCC, is hereby amended as
(2)
Before any permit may be issued under tRig g~~tigR. paragraph (a) above,
the person, firm or corporation seeking the permit shall, at his own
expense provide the building department with the following:
Section 6-29 (a)(3), MCC, is hereby created that reads as follows:
(3)
Any person who commences to place fill that requires a permit under this
chapter before obtaining the building official's approval or necessary
permits shall :
a. Pay five hundred dollars ($500) for fill placed over one-hundred
(100) square feet or less of area, or pay one thousand dollars
($1,000) for fill placed over more than one-hundred (100) square
feet of area; and,
b. Pay a mitigation fee to the County's Restoration fund of three
dollars ($3.00) per square foot of wetlands area affected; and,
c. Restore to the original condition and grade those filled areas that
can not be permitted under the Florida Building Code and chapter
9.5.
Section 6-29(a)(4), MCC, is hereby created that reads as follows:
Any person who commences to clear lands that require a permit under this
chapter or chapter 9.5 before obtaining the building official's approval or
necessary permits shall:
a. Pay five hundred dollars ($500) for clearing of one-hundred (100)
square feet or less of land, or pay one thousand dollars ($1,000) for
clearing of more than one-hundred (100) square feet of land; and,
b. Comply with the requirements of section 9.5-119 of this code.
Section 6-29(b), MCC, is hereby amended as follows:
(b) Demolition: In lieu of obtaining an after-the-fact permit or approval from the
building official above, the person, firm or corporation may remove all unpermitted work
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and return the site to its original condition. A demolition permit shall be required for all
commercial work (regardless of value)z ~ w residential work when the fair market
value of the unpermitted construction work is one-thousand ($1,000) or more. For
removal of unpermitted fill, a demolition permit shall be required, the fees and
requirements for the demolition permit including payment of mitigation funds shall be the
same as those for an after-the-fact permit pursuant to paragraph (a)(3) above. For
unpermitted land clearing, an after-the-fact permit, not a demolition permit, shall be
required pursuant to the provisions of paragraph (a)( 4) above.
Section 6.
Section 6-29(c), MCC, is hereby amended as follows:
(c) 1ix(;~rr 1.(;114(;/ C((/(;I "(;I 74(; (/; Unpermitted Placement of Fill and Land
ClearinJ;; Afier-the-Fact Permit:
ill
(2)
Section 7.
(d)
If land has been cleared in excess of what may be permitted, no building
permit shall be issued for after-the-fact construction work under this
section until the requirements of section 9.5-119(a)(1) (<1) aR.d ~e~ti9R. 9.S
119(B)(1) (<1) and section 6-29(a)(4) of this code have been met.
If placement of fill has occurred in excess of what may be permitted, no
building permit shall be issued for after-the-fact construction work under
this section until the requirements of section 6-29(a)(3) have been met.
Section 6-29( d), MCC, is hereby amended as follows:
Work is Unpermittable: In the event the construction work, land clearing,
or placement of fill is unpermittable under ~ the Florida Building Code
and chapter 9.5 of this code, the site shall be restored to its original
condition pursuant to paragraph (b) above. If dem9liti9R ig y;@,!uiy;ed, a
dem91iti9R pel71+l.it ghall B@ gBtaiR@g fgr all ~9mm@r~i<l1 n~rk (r@g~dl@~~ gf
'T:ilye) :iR.Q fgr riEidimi&l ,ugrl~ '~.TheR. thi f~ir m:lrket ,raltle gf the
uR~@rmitt@d '\'9rk ig 9R@ th9yg:;mg ($1, QQQ) gr m9r@. If laRd d@ariRg mag
iR"91"@Q, th@ git@ d:)'<lll B@ y;@gt9r@d pyrguam tg g@~ti9R 9.S 119( a)(1) (<1 ).
Section 8. 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 9. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 10. 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 11. The provisions of this ordinance shall be included and incorporated in the
Code of Ordinances of the County of Monroe, Florida, as an addition, or amendment
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thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Seetioa 13. The Clerk of the Court is hereby directed [0 forward a copy of this
Ordinance to the Municipal Code Corporation for incorporation into the Monroe COlUity
Code of Ordinances.
PASSED AND ADOPTED by the Board of County Conunissioners of Monroe County,
Florida. at a regular meeting of said Board held on the 17h of March, AD, 2004.
Mayor Mwray Nelson
Mayor Pro Tern David Rice
Commissioner Charles '"SoIUlY" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORlDA
By:
Mayor/Chainnan
(SEAL)
Attest: DANNY KOLHAGE, Clerk
By:
Deputy Clerk
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