Item Q3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17,2004 Division: Growth Management
Bulk Item: Yes No X Department: N/A
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AGENDA ITEM WORDING: A public hearing to adopt an ordinance amending Section 6-29 (Fines
and Requirements for Work Done Without Benefit of a Permit), Monroe County Code, to increase fees
for after-the-fact permits for clearing, filling, and work done without a permit and establishing a
mitigation fee to be paid to the County's Environmental Restoration Fund for filling of wetlands
without a permit. (one public hearing required)
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 advertising on February 18,2004. Approved
comprehensive amendments to Chapter 6 (Building Code) in Ordinance 10-2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A BUDGETED: Yes N/A No
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COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
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APPROVED BY: County Atty ~ OMB/Purchasing Risk
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X To Follow
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DISPOSITION: 'AGENDA ITEM # $-
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 remaining 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 p8.~' t"'9 Imn9ri19 fift), 991l:m: ($250 QQ) or t~n (1 0) p~rc~nt of
th~ '.':llu~ gf th~ ~gRbtry~tigR "'ork :lln::l9Y ~omplgt~9, 'vhid:J.g'.'~r i~ ~;;~t;;
pay five-hundred dollars ($500) for completed construction work that is
.
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Page 2 of5
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.
Section 2. The first sentence of Section 6-29(a)(2), MCC, is hereby amended as
follows:
(2) Before any permit may be issued under thi~ ~~~tiOI:t paragraph (a) above,
the person, firm or corporation seeking the permit shall, at his own
expense provide the building department with the following:
Section 3. Section 6-29 (a)(3), MCC, is hereby created that reads as follows:
An erson who commences to lace fill that re uires a ermit 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 4. Section 6-29(a)(4), MCC, is hereby created that reads as follows:
An erson who commences to clear lands that re uire a ermit 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 (l00)
square feet or less of land, or pay one thousand dollars ($1,000) for
clearing of more than one-hundred ( 100) square feet ofland; and,
b. Comply with the requirements of section 9.5-119 of this code.
Section 5. 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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Page 3 of5
, , , . ~
and return the site to its original COnditiOn.~;~ permit shall be required for all
commercial work (regardless of value)! ~ ~ 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) lixc~s..r la/iJa C/(la"a/iJCfl; Unpermitted Placement of Fill and Land
Clearin~; After-the-Fact Permit:
ill 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(4)(1) (4) :uld g~~ti9R 9.5
119(9)(1) (<I) and section 6-29(a)(4) of this code have been met
If lacement of fill has occurred in excess of what ma be ermitted, 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 7. Section 6-29(d), MCC, is hereby amended as follows:
(d) 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 d~mglitioR iE r~quir~d, 4
Q@m91iti9R p€nRit ghall 9@ g9taiR~d fgr all ~omm~r~ial 'v9rk (r€gardl~gg of
,rAly~) ARQ fur r~bigen.tiAI 'Hork "'heR th~ [:;tiT m~rket 'H:;lltl@ gf thit
YRp@rmitted m9rk iE QI:}e tA9ygaRd ($1, OOQ) 9r m9r~, If laRd ~kuiRg 'V:U;
in"91"li'd, tAli' gitli' ERall ge r@Etgr@d pYfE'laRt 19 &1i'~tioR 9 5 119(a)(1) (<I).
Section 8. If any section, subsection, sentence, clause or provision of this ordinance is
held invalid, the remainder ofthis 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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Page 4 of5
FE8-06-~~ 09q3 FROM MONROE COUNT~ ATTY OFFICE 1D'3052923516 PAGE 1/1
, .
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Scctioa 13. The Ch;rk of the Court is hereby directed to forward a copy of this
Ordinance to the Municipal Code Corporation for incorporation into the Monroe COWlty
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 17h of March, AD, 2004.
Mayor MWTay Nelson
Mayor Pro Tern David Rice
Commissioner Charles "SOMY" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORlDA
By:
Mayor/Chairman
(SEAL)
Attest: DANNY KOLHAGE, Clerk
By:
Deputy Clerk
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Page 5 of5
.
County of Monroe
Growth Mana~ement Division Board of County Commissioners
2798 Overseas Highway Mayor Murray Nelson, District 5
Suite 410 Mayor Pro Tern David Rice, District 4
Marathon, f10rida 33050 Comm, Charles "Sonny" McCoy, District 3
Voice: 305,289, 2500 Comm, George Neugent, District 2
FAX: 305.289. 2536 Comm, Dixie Spehar, District I
MEMORANDUM
TO: Board of County Commissioners
FROM: Timothy J. McGarry, AIC~
Director of Growth Manag
DATE: March 15,2004
SUBJECT: Correction to Proposed Ordinance Amending
Section 6-29, Monroe County Code: Agenda Item Q3
In the proposed ordinance amending Section 6-29, Monroe County Code, the words "and for" were
inadvertently deleted (shown by strike-through) in Section 5 of the proposed ordinance amending
Section 6-29(b). The deleted words that should be restored (i.e., removal of strike-through) are
highlighted in yellow on the attached page.
The staff recommends that the proposed ordinance by adopted by the Board of County
Commissioners with the above change.
Attachment
cc: ~ii8t!1l WIIIty
James Roberts, County Administrator
John R. Collins, County Attorney
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The FlorIda Keys Only Dally ~ Est. 1878
Cooke Communications, LLC
Florida Keys
Mary Beth Canitano STATE OF FLORIDA
Advertising Coordinator
PO Box 1800 COUNTY OF MONROE
Key West FI 33041 Before the undersigned authority personally appeared Randy G, Erickson, who
Office........ ..305-292-7777
Extension.................x219 on oath says that he is Vice-President of Advertising Operations of the Key
~~~.i~~~@k~~~;:~~o:~ West Citizen, a daily newspaper published in Key West, in Monroe County,
INTERNET PUBLISHING Florida; th the attached copy of advertisement, ing a legal notice in the
keywestcom matter of
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flOlidakeys.com
key-westcom
Web Design Services In the
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~~~~NE in said Monroe County, Florida, for a period of 1 year next preceding the first
~::n ~=I'S Guide publication of the attached copy of advertisement; and affiant further says that
~:d~ Channel Guide he has neither paid nor promised any person, firm or corporation any discount,
MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for
g::~O:I~~::;T publication in the said newspaper. ~~
Direct Mail
FLORIDA KEYS OFFICES -~ __
Printing I Main Facility S - tur f Affi t ---
3420 Nor\hside Drive 19na e 0 Ian
Key West FL
33040-1800
Tef 305--292-7777
Fax 305-29H1768 (\
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12011M1ite Street (Suite 103)
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Tel 305-3674911 Personally Known x Produced Identification
Fax 305-367-2191
Type of Identification Produced