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Ordinance 036-1993 4 Growth Management ORDINANCE No. 036 -1993 AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE 031-1992 AND SECTION 6-40, MONROE COUNTY CODE; PROVIDING THAT A BUILDING PER- MIT BE REQUIRED FOR EACH PRINCIPAL STRUCTURE PRIOR TO CONSTRUCTION; PROVIDING FOR COMPLIANCE WITH THE DWELLING UNIT ALLOCATION ORDINANCE; PROVIDING FOR EXPIRATION OF BUILDING PERMITS OLDER THAN FIVE (5) YEARS; PROVIDING FOR COMPLETION OF STRUCTURES WHICH HAVE RECEIVED AN APPROVED FRAMING INSPECTION ,-1 PROVIDING FOR DECLARATION OF PUBLIC NUISANCE z> ‘g. F AND REQUIRING THE COMPLETION OR REMOVAL OF c-H Fri PRINCIPAL PRINCIPAL STRUCTURE(S) WHICH HAVE NOT'' :.:-R: --� RECEIVED EITHER A FINAL EXTERIOR INSPECTION D OR A CERTIFICATE OF OCCUPANCY WITHIN-_:-=-; TWO (2) YEARS OF AN APPROVED FRAMING'--. __ INSPECTION; PROVIDING A VARIANCE PROCEDURE;- - ti PROVIDING THAT THE PROVISIONS OF - 1=? :73 THIS ORDINANCE SHALL CONTROL OVER ANY INCONSISTENT PROVISIONS OF THE MONRO COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCOR- PORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners seeks to clarify and further define the criteria and procedures by which applications and building permits are deemed to have expired; and WHEREAS, , the Board wishes to reemphasize its existing policy that building permits and applications automatically expire in the event that they are not acted upon or the work authorized thereby is not completed in a reasonable period of time; WHEREAS, all new building permits must comply with the Dwell- ing Unit Allocation Ordinance; and WHEREAS, structures which are not completed within a reason- able time and which remain incomplete may become public nuisanc- es, and the public health, safety and welfare requires that such uncompleted structures should either be completed, removed or demolished; and WHEREAS, the Planning Director, the Building Official, and Growth Management Division staff have recommended that the provi- sion of this Ordinance should be enacted in order to clarify applicable procedures for our citizens engaged in construction activities, while at the same time protecting the health, safety and welfare of the general public; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, that: Section 1. Sec. 6-40, Monroe County Code, is hereby amended to read as follows: (a) A building permit shall be required for each principal structure prior to construction. (b) Application Fees. Category New Application Fee Mobile Homes Exempt Modular Homes $ 500 Conventional Homes 750 Commercial Structures 1,500 Page 2 The foregoing fees shall be referred to throughout this ordi- nance as the "new application fees" . The new application fees do not in most cases represent an increase in the "total permit fees" (i.e. , building permit fee + electrical permit fee + plumbing permit fee + etc. as applicable) which will be paid by applicants who lawfully follow the procedures out- lined below in Sections (c) through (e) , in that the full value of the "new application fee" may be applied to the total permit fee. The only exception to this rule is in that instance where the new application fee exceeds the "total permit fee"; then the new application fee shall become the total permit fee. (c) Permit ready, but not paid for and not picked up and has a valid allocation award in accordance with the Dwelling Unit Allocation Ordinance. Any Building Department office shall notify the permit appli- cant that the permit is ready to be issued (the "ready per- mit" ) and must be picked up within sixty ( 60) days after notification. Notification shall be by certified mail to the name and ad- dress given by the applicant on the application. Proof of mailing to the correct name and address as listed on the application shall be considered correct and shall constitute adequate notice to the applicant that if he/she has not picked up his/her "ready permit" within sixty (60) days from the date of mailing, then both the application and "ready permit" shall automatically expire. Upon such expiration, any new application fee already paid shall not be refunded, and any future activity shall require a new application together with all appropriate fees, as well as a valid allocation award in accordance with the Dwelling Unit Allocation Ordi- nance. (d) Permit paid for and picked up but work not started and has a valid allocation award in accordance with the Dwelling Unit Allocation Ordinance. After the new permit has been paid for and picked up in a timely fashion (see Section (c) above) , the permit holder must await approval to proceed from the Florida Dept. of Community Affairs (or reach the effective date of the permit) and then must commence the work, with approved inspections pursuant to the permit requirements, or by means of an ap- proved temporary electric inspection. In the event that the work outlined on the permit has not begun within the sixty ( 60) day period, the permit shall automatically expire. The new application fee and total per- mit fee already paid shall not be refunded. Upon expiration, Page 3 any future activity shall require a new application along with all appropriate fees, as well as a valid allocation award in accordance with the Dwelling Unit Allocation Ordi- nance. However, if at any time prior to the expiration of the permit, the permit holder requests, in writing, that the appropriate Building Department office grant a one-time sixty (60) day extension, such extension shall be granted. Only one sixty-day extension is allowed under subsection (d) . (e) Permit paid for, picked up and work started Any valid permit, for which construction has commenced, must progress in a timely fashion. The only method by which "time- ly valid progress" of authorized work may be shown is through the Building Department having performed and approved an inspection which is highlighted in red print on the Building Permit Display Card within 120 days measured from either (1) as to the initial inspection, the date work was required to begin, or (2) as to inspections subsequent to the initial inspection, from the date of the last approved inspection which was highlighted in red print on the Display Card. Those inspections which are highlighted in red print on the Monroe County Building Permit Display Card, as amended from time to time, may include, but shall not be limited to: any auger/auger cap; piling/piling cap; grade beam/slab; col- umns/tie beams; slab/wood floor; roof trusses/sheathing; final roofing; A/C ductwork; total rough plumbing; total rough electrical; framing; insulation/drywall; final mechani- cal; final plumbing; final electrical and final building Any permit whose progress fails to meet the "required inspec- tion within 120 days" requirement shall automatically expire and any future activity shall require a new application, appropriate fees, and a valid allocation award in accordance with the Dwelling Unit Allocation Ordinance . However, at any time prior to the expiration of the 120 days, measured from either commencement of work or last approved required inspec- tion, whichever is later, the permit shall be extended upon the written request of the permit holder, without charge, for up to one additional period of 60 days . In addition, the permit may be extended, within 60 days after expiration, for a single, one time only, one hundred and twenty (120) day period after the payment of a $100 . 00 renewal fee . EXCEPTION: Unless specified otherwise by a current, valid development order, under no circumstances shall a building permit that is older than five (5) years be renewed after it has expired. No building permit shall expire after the princi- pal structure for which the building permit was issued has received an approved framing inspection. Building permits for a structure (s) which has received an approved framing inspec- tion shall authorize completion of only that principal struc- ture (s) which has received an approved framing inspection. All other development or structures shall obtain a new permit Page 4 issued in compliance with the Dwelling Unit Allocation Ordi- nance. Within two years of the approved framing inspection, the work must receive either an approved Final Exterior In- spection* or a Certificate of Occupancy; otherwise, the structure shall hereby be declared a public nuisance and the Growth Management Director shall direct the Building Official to institute proceedings as provided by law to require comple- tion, removal or demolition of the structure in accordance with the Standard Unsafe Building Abatement Code. *Final Exterior Inspection: Completion of all work related to the exterior footprint of the structure including (but not limited to) all exterior finishes, enclosures, porches, pati- os, screened areas, walkways, driveways, landscaping, storm- water management. In order to obtain an approved "Final Exterior Inspection" , every aspect of permitted exterior work shall be completed and approved in accordance with the permit drawings. (f) The Board of County Commissioners may, upon application and public hearing, grant a variance to the time limita- tions set forth in this Ordinance, upon a demonstration and finding that due to one of the following conditions, the literal enforcement of the provisions of this Ordi- nance would constitute a severe and undue hardship upon the permit holder: 1. Death or incapacity of an owner or immediate family member of the owner; or 2. Destruction of the permitted improvements, of no less than 500 of the value of the permitted improve- ments, by act of God or hazard (e.g. fire, wind- storm, flood. ) 3 . Work stoppage due to bankruptcy of an owner or construction lender or due to an order issued by a government agency, when the order did not result from owner' s or builder's violation of a law, code, regulations, or condition set forth in a permit or development order. The relief granted by variance shall be limited to a time extension not to exceed one year, and shall be further limited to the minimum extension necessary to obviate the demonstrated hardship. (g) In the event of any conflict between Section 6-40, Mon- roe County Code and the other sections of Chapter 6, Monroe County Code, the provisions of Section 6-40, Monroe County Code, shall control. Page 5 • Section 2. 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 3 . All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Mon- roe, Florida, as an addition or amendment thereto. Section 5. This Ordinance shall take effect immediately upon receipt of 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 6. The Clerk of the Board is hereby directed to trans- _ mit a certified copy of this Ordinance to the Florida Department of Community Affairs. Page 6 • A . Ordinance Amending Ordinance No. 031-1992 and Sec. 6-40, MCC Section 7. The Clerk of the Board is hereby directed to trans- mit a certified copy of this Ordinance to 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 21st day of DECEMBER , A.D. , 1993 . Mayor Jack London YES Mayor Pro Tem Earl Cheal YES Commissioner Shirley Freeman YES Commissioner Wilhelmina Harvey YES Commissioner Mary Kay Reich YES (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROF' OUNTY, FLORIDA // %;734-1,04-0e1.., BY: ka.ctitAi C. BY:40( EFFECTIVE DATE: APPROVED AS TO FORM D LEGAL S FFICIENCY BY : ( Jak.„„._ Office V Page 7 ............ 0 CUIOG�t 6, !% ?N ,�HOF COUNTY.*'_s 71D annlp IL. 1&®r1a c BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145 TEL. (305) 292-3550 li February 9, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, FL 32301 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 036-1993, amending Ordinance No. 031-1992 and Section 6-40,Monroe County Code; Providing that a Building Permit be required for each principal structure prior to construction; Providing for compliance with the Dwelling Unit Allocation Ordinance; Providing for expiration of Building Permits older than five (5) years; Providing for completion of structures which have received an approved framing inspection; Providing for Declaration of Public Nuisance and requiring the completion or removal of principal structure(s) which have not received either a final exterior inspection or a Certificate of Occupancy within two (2) years of an approved framing inspection; Providing a Variance Procedure;Providing that the provisions of this Ordinance shall control over any inconsistent provisions of the Monroe County Code; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith;Providing for incorporation into the Monroe County Code; and Providing an effective date. This Ordinance was adopted by the Monroe County =l'oard of County Commissioners at a "egular Meeting in formal session on December 21, 1993, Please Ij file for record. • it 11 Danny L. Kolhage I, Clerk of Circuit Court I it and ex officio Clerk to the Board of County Commissioners By: Isabel C.DeSantisaold, r, C. 40.„4„„.A..„ Deputy Clerk I j 'cc: Municipal Code Corporation Department of Community Affairs Growth Management Director Building Official Planning Director County Commission County Administrator • County Attorney • ;) I • I 11A:01 —`moo ' A0 . bb I — 9 QvCJ cn 0 0 3 3 W a °lea 10)!1ewlsod C area 10>Ilewlsod C 0 saaj g C liallag saaj gMUM a6elso adelsod 1V101 L d 1V101 L _ e sseippV s,aassaippV pue'ale0 7 aassaippy pue'ale0 7 Mill 7. M•.,• .. „oyg ld!aoay wnlay N 'wOq of 6u!Moyg ld!aoay wnlay m n.Tv p an!laa ele0 g wow of CO pa�an!lap ale0'8 woy/y\of Co CO . innoyS 10aoau wnlau CO .wm.yS ld!aoau wnlau �. «994 MI . 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(we ) I m s -1 co z (pied s! ea; pue �T C palsenbei 1!ANC))sse ppy s,aesseippy •g atial W0' 0 (eesselppy) ainleu6!S •g Z o I Aian!la0 10 aweQ 'L � �-`V ''� � ,p1'�� p C.) es!puetvien yc 53 mi.1d!aoe wnlaa I1elN ssaidx3 ❑ i" y rk cn r-anv painsul ❑ paials!6aa ❑ V a .-7,,'V o co' vralsver‘. 0 CD A.39bz l h, a£a �` M JegwnN elolvv ••et, P ppy ! illy 'l� Q :ol assai a o! a d 1dI33311 N�I(11311 311S3WOO zoo-eac—eei:ode•s•nu 1661 iagwaoe 'I,•LSE WJOJ Sd c I; 'Ilk IIIIIIIIi ‘ -• I, = (pied Si eel pue C ,i palsenbaa;!Al 0) new s,aasseipp •g (aassalppy) asinleu6!S •g z c /� . _� / el �'bbl ryo p o -. -a / Aaan!1a01 Kea •L G ® es!puegoieLAj - 70 c io;ld!eoay wnlahl ] I1m ! sseidx3 ❑ m cn S£zz`91Ett - cA Q00 ❑ Pa!1!1ia0 �1& en i La painsul ❑ paialspeu ❑ ��. � I �_� 3 o edAj ao!nies •q� I G/'- 4 iegwnN alo!liy •e•y :ol passeippb'elo!liy •g a 23 CD 'eel.col ialsewlsod llnsuo0 •pa,an!!ap 3 • n alep ayl pue peJefutep seen elo!1le,g3.wogM of Mogs!!inn ldleoau ulnlau au . .r ti Aienllea paloulsaa •Z g ® ❑ iagwnu elope mil Mo!aq aoa!d!!ewr uo„palsanbaa ld!aoay wnlay„alum •• - 'wined lou seop gsse ppy s,eassaippy ❑ •L coeds 1!>!oeq eql uo 10'eoa!d!!ew NI 10 luoil eq1 01 wiol siyl goelly . < •noA of pleo s!q1 U1nlei 1p G :(ea; ueo aM'leyl os wiol 9143 10 aslanal NI uo sseippe pus aweu`inoA luud • if ® eilxe ue io;) sao!niOS 6u!M0Il01 •q B et,pus'g swell elaidwo0 • W 4 ayl an!aoai Ol LISIM osle I •sao!nias!euoll!ppe 101 Z Jo/pue l swell eleidwo3 • W :1:13ON3SO. 44 Tom.. ♦ 'C ;17t7,.0 - 68.E .fi ;" .. i - COD FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code The Elliot Building Tallahassee, Florida 32399-0250 (904) 488-8427 February 11 , 1994 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 Attention: Isabel C. DeSantis, Deputy Clerk Dear Mr . Kolhage : Pursuant to the provisions of Section 125 . 66 , Florida Statutes, this will acknowledge your letter of February 9 , 1994 and a certified copy of Monroe County Ordinance No. 93-36 , which was filed in this office on February 11 , 1994 . Sinc rely, I , . , Liz Cloud, Chief Bureau of Administrative Code LC/mb / 14 ,A. I N(10:1 ;0JNOI4 •i'1` 1a"a 833 PE • • MUNICIPAL CODE CORPORATION c H K. Supplement Department `S�i -.- jib j PSihtiE� PO Box 2235 � !<. Tallahassee, Fl 32316-2235P m• �� ` • 9 K Supplement 51 02/24/94 Pi-P° P. "B.ssrzza We have received the following material. Thank you for your assistance and cooperation, : Ordinance No. 036-1993. TO: Ms. Isabel C. DeSantis Deputy Clerk . , Monroe County PO Box 1980 Key West, FL 33040 • • 1-800-262-CODE (National) KTT • • •