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Item V3 * 3:00 P.M. PUBLIC HEARING BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/18/09 - KL Department: County AttozeX Bulk Item: Yes No X Staff Contact Person: Suzanne Hutton,#347:0 AGENDA ITEM WORDING: A public hearing to consider adoption of an ordinance amending Section 6-108, Monroe County Code to eliminate and reduce waivers and exemptions from building permit fees. An alternative set of language allowing waivers for all not-for-profits that are 501(c)(3) is attached after the draft ordinance. ITEM BACKGROUND: On 8/19/09, BOCC discussed the loss of funds realized by the County resulting from building permit fee waivers and exemptions. BOCC directed staff to bring a proposal to the Board for consideration at the September BOCC meeting to eliminate and reduce building permit fee waivers and exemptions. A public hearing was noticed and held on 10/21/09 at which time the Board provided direction to staff and continued the public hearing to the 11/18/09 BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: 10/17/07 Resolution No. 420-2007 fee schedule Building Department 10/17/07 Resolution No. 419-2007 fee schedule Planning&Environmental Resources Department 4/18/07 Resolution 160-2007 establish fee for reviewing applications for exemptions and waivers 4/18/07 Resolution 156-2007 waiver of building permit and application fees for affordable housing 6/18/03 Ordinance No. 019-2003 full exemption for affordable housing construction projects 9/16/09 BOCC approved public hearing for October 21, 2009 @ 3:00 p.m. in Key West 10/21/09 BOCC continued to BOCC 11/18/09 @ 3:00 p.m. in Key Largo CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes —No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH TBD Year APPROVED BY: County Atty 74OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 ORDINANCE NO. — 2009 AN ORDINANCE AMENDING MONROE COUNTY CODE SECTION 6-108; ELIMINATING AND REDUCING WAIVERS AND EXEMPTIONS FROM BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2007, the Board of County Commissioners for Monroe County approved a building permit fee schedule designed to allocate the costs of operating the County Building Department to the users of the services of that department; and WHEREAS, waivers and exemptions of permit fees have to be offset with ad valorem taxes due to Section 553.80, F.S., which limits building permit fees to only those costs associated with the services rendered in connection with the issuance of a building permit; and WHEREAS, the liberal exemption and waiver provisions of the County Code have resulted in the waiver of over$2,000,000 in permit fees during recent years; and WHEREAS, the Board of County Commissioners for Monroe County finds that it is in the best interest of the residents and taxpayers of Monroe County to delete the exemptions and ability to issue waivers of building permit fees; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Section 6-108, Monroe County Code, is hereby amended to read: See. 6-108. Fees. (a) Purpose. The purpose of this section is to establish the authority, schedule, and exemptions for permitting and related fees. (b) Authority and fee schedule. Except as specifically established by this chapter, the board of county commissioners may by resolution establish a fee schedule for, but not limited to, permit applications, permits, plans examination, certificates of competency, re-inspections, permit renewals, administrative fees, variance requests, and administrative appeals. (c) Required. Except as authorized by this chapter, no permit shall be issued without payment of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied to off-set the total permit fee at the time the permit is issued, except where the application fee exceeds the total permit fee. In this case, the application fee shall become the total permit fee. (d) Exemptions. Exemptions only exist as specifically provided by State statute and for volunteer fire departments. Fees may be exempted for- only these enfifies and aefi�'qfies speeifiea4ly listed Wow: building pennit and appheafien fees, but on4y if the listed en6ty does nat eharge the courAy a Elim Bldg Permit Fee Waivers 1 (ineluding an impaet fee) for development, eff4emwft er sinilm pemits, of for- right ef way We!- The state kwladkig the Sout1. Florida Water_Management T1istrie4 bane-UnhedStates�, y, -. ; ....st and .,,...ts,,afien fees--. a. Tlie ,., , b. VolufAeer-fire depaf4ments; Code, receivingng flo neia4 a ist nee F.,m the ,ffty 1 t-f4r-Profit wganizations with 501( )( ) statLIS froill the Internal ' (eve le Service Lj � Lo the board of cowjt .-c-Q pLipi, r i i the j)eriu t aild aja)& tjq!j, li.'�i° con tructoa of aftbrdab,lle or low income housin as defined, (1y slag Statutes. An entity way apply,to the board of county-omlm, "diet f'�Lf jygLs rqm the perb��1� ari�li. .i14�igatioh fees for construction,of low or-'V ` -job ne ltl.,q. defip d state statutes. ply These are n t�#h t-IL .m. _ . (f) Reficnds. No fees paid for building permit fees shall be refunded without the approval of the board of county commissioners upon the recommendation of the county administrator. Permit application fees are not refundable. Section 2. This Ordinance shall take effect upon filing with the Secretary of State. 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 92009. MayorGeorge Neugent Mayor Pro Tem Sylvia Murphy Commissioner Heather Carruthers Commissioner Mario DiGennaro Commissioner Kim Wigington (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairperson --"13E COUNTY MORNEY _. Ru 'ED AS TO F a W Elim Bldg Permit Fee Waivers 2 :tWAN I�H f s{J Alternative language: Section 1 of ordinance would show a change to Section 6-1©8(e as follows: �� q � , Count radi � ' � � b t ;. � r