Item P7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16. 2005
Division:
Growth Management
Bulk Item: Yes
No~
Department: NI A
Staff Contact Person: Timothy J. McGarry
AGENDA ITEM \VORDING:
Approval of an ordinance adopting interim amendments to Section 6-17 (Permit Requirements) of the
Monroe County Code providing exemption from permitting requirements for damage due to Hunicane
Wilma.
ITEM BACKGROUND:
Emergency Directive 15-2005 issued under the State of Local Emergency provides permit exemptions
where imminent danger to life or safety exists or to prevent further damage caused by Hurricane
Wilma, for residential work involving the replacement of 300 square feet or less of storm damage roof
shingle and for any work involving the demolition/removal of dry wall, cabinet and vanities,
heating/cooling and electrical systems, and floor coverings in flooded structures and demolition of
storm damaged accessory structures or docks, seawalls and lifts.
These permit exemptions will last for a period of 60 to 90 days based on the type of permit and will
expire within 90 days of the effective date of this ordinance. Approval of this ordinance will authorize
permit exemptions beyond the duration of the State of Local Emergency.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
ST AFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty ....K- OMB/Purchasing _ Ris5 Management
i'
f
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO. -2005
AN ORDINANCE BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
ADOPTING INTERIM AMENDMENTS TO
SECTION 6-17 IPERMIT REQUIRE1\lENTSI,
MONROE COUNTY CODE IN RESPONSE TO
HURRICANE WILMA; PROVIDING EXEl\lPTIONS
FROM PERMITTING REQUIRE1\lENTS FOR A
LIMITED PERIOD OF TIME; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR FILING IN THE OFFICE OF THE
lVIONROE COUNTY CLERK AND THE
SECRET ARY OF ST A TE OF THE ST A TE OF
FLORIDA AND PROVIDING FOR EXPIRATION
WITHIN 90 DAYS OF THE EFFECTIVE DATE.
WHEREAS, unincorporated Monroe County has suffered significant property
damage, particularly due to the storm surge from Hurricane Wilma; and
WHEREAS, pursuant to F.S. 252.36, the Governor executed executive order 05-
219 declaring a state of emergency in Florida; and
WHEREAS, said declaration of emergency specifically invokes F.S.252.46 (1)
authorizing political subdivisions to make such orders and rules necessary for emergency
management purposes; and
WHEREAS, pursuant to F.S. 252.38 and Monroe County Ordinance No. 028-
1987, on October 26,2005 Monroe County issued a Declaration of Local Emergency for
a period of 7 days thereby waiving the procedures and formalities otherwise required by
the political subdivision to authorize action as necessary to insure the health, safety and
welfare of the community; and
WHEREAS, the County has extended the State of Local Emergency in Monroe
County and through Emergency Directive #2005-15 established exemptions from permit
requirements for stonn damaged structures due to the effects of Hurricane Wilma to
expedite the recovery process for propel1y owners; and
WHEREAS, with the eventual termination of the State of Local Emergency and
the need to establish a more limited time period tor these pennit exemptions, interim
regulations to Section 6-17 need to be adopted; and
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WHEREAS, these permit exemptions are intended to be applied solely to damage
recovery activities resulting from Hunicane Wilma in order to protecting life and safety,
prevent further property damage, repair minor roof damage, and remove and demolish
damaged structures and interior fixtures;
WHEREAS, in accordance with the requirements of F.S. 252.46(2), the Board of
County Commissioners has promulgated this interim amendment to Section 6-17 of the
Monroe County Code to provide for interim permit exemptions for a limited period of
time; and,
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COlVIMlSSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. The Board hereby adopts the above referenced statutory citations as
findings of fact.
Section 2.
follows:
Section 6-l7( d), Monroe County Code, IS hereby created to read as
(d) Permit /:"xemptionsfor Hurricane Wilma: Notwithstanding the provisions of
paragraph (a) above, the following work shall be exempted from requiring a permit prior
to the time periods specified below:
(I) No permit shall be required where imminent danger to life or safety exists
or to prevent further property damage caused by Hunicane Wilma.
Property owners may make necessary repairs to the minimum extent
necessary without a permit; however, photographs should be taken before
and after the necessary repairs. This exemption from the permitting
requirements of this chapter shall be for a period of sixty (60) days from
the effective date of this ordinance.
(2) No permit shall be required for any residential work involving the
replacement of 300 square feet or less of storm damage roof shingle. This
exemption from the permitting requirement of this chapter shall be for a
period of sixty (60) days from the effective date of this ordinance.
(3) No pennit shall be required for any work involving the demolition/removal of
dry wall, cabinet and vanities, heating/cooling and electrical systems, and
floor coverings in flooded structures, and demolition of storm damaged
accessory structures or docks, seawalls, and lifts. This exemption from the
pennitting requirement of this chapter shall be for a period of ninety (90) days
from the effective date of this ordinance.
Section 3. Pursuant to the provisions of F.S. 252.46, this ordinance shall become
effective immediately upon filing in the office of the Monroe County Clerk.
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Section 4. This ordinance shall stand repealed as of 11 :59 p.m. on the 90th day after
the effective datc of this ordinancc, unlcss repealed sooner by the Board of County
Commissioners.
Section 5. If any section, subsection, sentcnce, clause, itcm, charge or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of such conflict.
Section 7. This ordinance shall be filed with the OtTIce of the Secretary of State of
the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16th day of November,
2005.
Mayor Dixie M. Spear
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray E. Nelson
Commissioner George Nugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
By:
Attest: DANNY L. KOLHAGE, Clerk
Deputy Clerk
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