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Ordinance 004-1994 Growth Management ORDINANCE No. 004 -1994 AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AMENDING ORDINANCE 036-1993 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; 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; -n PROVIDING THAT THE PROVISIONS cF THIS ORDINANCE SHALL CONTROL OVER ANy 3 � INCONSISTENT PROVISIONS OF THE MONROE CO CODE; PROVIDING FOR SEVERABILITY; PROVIDIN FOR THE REPEAL OF ALL ORDINANC ;_ o r INCONSISTENT HEREWITH; PROVIDING FOR INCO �? -D rn PORATION INTO THE MONROE COUNTY CODE; Ai5-+y; w PROVIDING AN EFFECTIVE DATE. — & w z I-1 - r7 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 of expiration, for a single, one time only, one hundred and twenty (120) day peri- od 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. Page 4 All other development or structures shall obtain a new permit 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, etc. 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. 4. That construction had commenced (as defined under Monroe County Code Section 9.5-4(C-10) under a now expired owner/builder permit (including a permit issued to a licensed contractor for the contrac- tor' s personal residence) issued prior to the effec- tive date of Ordinance No. 016-1992 (the Dwelling Unit Allocation Ordinance) . An application for variance under this paragraph must be filed no later than one hundred twenty (120) days from the effective date of this ordinance. A permit holder may secure a variance for completion of only one residential unit under this provision. Page 5 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. 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. Page 6 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. 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 15TH day of FEBRUARY , A.D. , 1994. Mayor Jack London YES Mayor Pro Tem Earl Cheal NO Commissioner Shirley Freeman YES Commissioner Wilhelmina Harvey YES Commissioner Mary Kay Reich YES (SEAL) `" BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE., CLERK OF MONROE. COUNTY, FLORIDA BY: amLLLC, BY: e1 EFFECTIVE DATE: APPROVED AS 0 FORM D LEGAL SU cr BY Page 7 Office • • FLORIDA:COUNTY /..ORDIN NCE:DATA::RETRIEVAL::SYSTEM::::;::':`::::;:;:: • < G:FORK:::;:<'::< >:>< Instructions: Florida's Department of State, Bureau of Administrative Code has developed the County Ordinance Data Retrieval System (CODRS) to facilitate the tracking of County ordinances in Florida's 67 Counties. CODRS' data base is composed of over 25,000 county ordinances enacted since 1974. We request your cooperation in completing this coding form. It is to be completed whenever your county enacts a new ordinance. Simply complete this form and include it with other pertinent ordinance information that is submitted to the Bureau of Administrative Code. To code this form properly, please refer to the"keyfields"description sheet that has been given to your County Attorney's Office.. If you do not have this sheet please •contact the Bureau. We will be happy to fax one to you for referencing purposes. Please fill out this form as completely as-is possible. Thank you for your assistance. Should you need further assistance please contact the Bureau of Administrative Code, Department of State at (904)-488-8427 or Suncom 278-8427. • mnimAnr ; '>:.:tf°.:.. +►. ,... ..,. .1''KM.f...�5......;... ............:...:.. _.�:.):.;.;:.::.;;•.:.;:.;:.;:.;:::..:.:.:;;..�::.;;::;: ..... .,..:.>:::•::::::.:....:.;::::.1;;a�.r—_�....�.r._ __1..t;.�r r+.�.rr__.ir a+._r_ SECCyNtiAl'iY.ICEYFI..::::..:..;::.:;...;•::.:....:......::::..:;:::..:�.;:.::.::>:.::�::::::..;.::..;_:::":.:::;�.::..:�;.::.;:.::.;.:.:::::..:...:..:.....:....:...::.:::.,::.:..:;:::.,..;..;:::.:�::::.:�:.::::'.: .....:.. . . . . ::..:::....:............... . .......::.... .... 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(305) 852-7145 TEL. (305) 292-3550 March 10, 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. 004-1994, amending Ordinance No. 036-1993 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 provision 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 Board of County Commissioners at a Regular Meeting in formal session on February 15, 1994. Please file for record. Danny L.Kolhage Clerk of Circuit Court and ex officio Clerk to the. Board of County Commissioners By: Isabel C.DeSantis SJOJLUL c . ; Deputy Clerk cc: Municipal Code Corporation Florida Department of Community Affairs Growth Management Director County Administrator County Attorney County Commission File r.. .8 SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. y� • Complete items 3,and 4a&b. following services (for an extra ' • Print your name and address on the reverse of this form so that we can fee): _ ' • . CD return this card to you. a •• Attach this form to the front of the mailpiece,or on the back if space 1. CI Addressee's Address tj does not permit. C d • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery t m +' • The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. 3. Article Addressed to: CC 4a. Article Number ��ii E a 1 ti w a' cemo, 4b. Service Type cc E ) 35 E.Registered CIInsured Certified ❑ COD E Chl +.-� q/� Return Receipt for w (r �J,�,Qi '�y ❑ Express Mail Merchandise 0 I 0 3 2316— 2_Z 35 7. Date of Delivery 3 r5 L4 o �y~t�A 8. Addressee's Address (Only if requested. • 5. Signature (Addressee) and fee is paid) c I H s , cc 6. Signature (Agen __ . ,, f I i ~ i •tli ,vt I tt 1. i! i !iil i i I c C* , 1 w PS Form 3811, December 1991 irU.S.GPO:1993--352-714 DOMESTIC RETURN RECEIPT I — _ jrscli . 'SENDER: y • Complete items 1 and/or 2 for additional services. I also wish to receive the y • Complete items 3,and 4a&b. • Print your name and address on the reverse of this form so that we can following services (for an extra v > return this card to you. fee): • tv • Attach this form to the front of the mailpiece,or on the back if ace •ca does not permit. P 1. ❑ Addressee's Address °r i • Write"Return Receipt Requested"on the mailpiece below the article number. t 0.. . " •• The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery G delivered. CP 3. ,rticle Addressed to: Consult postmaster for fee. .. 4a. Article NumberCC 4) CASUA 0. 77 o r , �l 1 ``d�R. 4b. Service �Q� m ct tiff "IZ , ' 1 ❑ Registered ❑ Insured �.-.' � Certified • El COD � " I I rU c ❑ Express Mail XReturn Receipt for C ® Merchandise c Q .';:1 uutze e. 3.2.430/ 7. Date of Delivery if cl 'IUat�re q`aldtrAssee) 8. Addressee's Address (Only if requested' I— and fee is paid) e cm 6. Signature ( gent): ro c L I 8 : 1i ii ii[iiiii " ? i t It } ;sib { i i co PS Form 3811, December 91 * .S.GPO:1993-352-714 -_ _ DOMESTIC RE RN RECEIPT AVE*M No Insurance Covera a Providatl Provided tr, g 4TIEsmcel Do not use for International Mail UWEO STATES Do not use for International Mail POSTAL SERVICE (See Reverse) (See Reverse) co se t to Sent to Cam. O+ . rl✓ .' 1 5 t5et and N�o.03 ` (�"�'�sn� 1k., .A ••' IIMIll �' P.O•S�iate and ZlPC de��9�^� P'.0.:Sta a rrid'ZI• Code a. 393® I ® Po -i .?L 316`z. 31` Postage CID Certified Fee Certified Fee Special Delivery Fee KO Special Delivery Fee '.Restricted Delivery Fee__ Restricted Delivery •- -,� -A. Return Rece pt Sh.5614 Return Receipaie e'', ng A ,t 7 to Whom t. •eliXered \, 2\ 0) to Whom&crate neliveftedu,� i r", t �, 1 Return R eipPS(hdwrtig:io,Whom) : Return Rec t S owing ap Iftom, IIIMI Date,an IAddr�'sse s Address• f'te e, , Dale,and Aldre-,.ee's FjTJ:PPU ; t ), _ - TOTAL P to e, TOTAL Posta+• • INI &Fees 9 c` .�C 4 1S 0 &Fees N `�, i G Postmark o ate ` Postmark or Da' - " p, , \~j/ s ` '03 '" E `o In . d r cs* -4.4 14• DD q+E FLORIDA DEPARTMENT OF STATE Jim Smith, Secretary of State DIVISION OF ELECTIONS Bureau of Administrative Code mp The Elliot Building a = p r- 71 Tallahassee, Florida 32399-0250 (904) 488-8427 c-) ' Ll O,. N.) Z. ' ITI -=- NJ March 14 , 1994 , r- rr 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 March 10 , 1994 and copies of Monroe County Ordinance Numbers 9L474, and 94-05, which were received and filed on March 14 , 1994 . Sincerely, \g I UPC-14_4Q Liz Cloud, Chief Bureau of Administrative Code LC/mb . s .______ - • • • ..-�---� .may- h - HUNICIPAL CODE CORPORATION t,,Hai ,'•G..�- .. — , r K - Supple®ent Department S /�!JPhJfAUl .PO Box 2235 ‹ JUN-3'94 m► a7 �a� - � 'Y i Tallahassee, F1 32316-2235 1 g PLN° FB.667224 4 Supplement 53 06/02/94 He have received the following material. .Thank you f , your assistance and cooperation. ,Ordinance 'os. 018-1993, 036-1993 and ' ;004-1994. TO: A5-requested-,bOngela_Adams_7_5rodtb..7, Pis. Isabel C. DeSantis tfanagement-Divi-si-on.oe_wi-11-removeArdinancq Deputy Clerk • Ho. 004-:1994-and-reinstate-Dr-di=riance Nos, Monroe County 0-18-19y3,aadA36 1993=aith:Ythe-_publ-icationof PO Box 1980 •Supplerent=No; 53 Key West, FL.33040 ' !1-800-262-CODE (National)➢ - NH • ' ail u11 I11IIt_1iIl1-Iliiuhl llllt1.fl,1,-1 -I,'111-mlltttllit.Iitlttltllltlltfltlltbtliltll . t•, I rY..` .L i ,'W.) 104 MUNICIPAL CODE CORPORATION ��_.. :� ;, Supplement Department P.H,q . •'rr� 1 �. SJ'; �-- �11U.S.PGSIAGLt. : :-1 PO Box 2235 v '. 'Tallahassee,' Fl 32316-';2235 `. MAR22'94�V ;'. • fl Supplement 52 n • I 03/21/'3,4 PO" PB.Be�iz4l S :` We have received the following material. hank you',for your assistance and cooperation "e: I .I ....10 I ordinance itios. GOS14 99.4;� 006-1994 and • ,._ 007 1994. TO: Al As requestled, we are holeing Ordinance No., ME. I=_atIii C. Def.antis ''--=. 005-L9941u;ntil receipt,of copy approved by,,. I Deputy Clerk t Florida Laid Planning ',Agency. Monroe County i , . PO Box 1980 Key West, FL 33040 1 ' 1-800-262-CODE iNationa Ai hilluilltiit%lIIttluilltn111t$tthtth1Ittiltt't''tmt'Itl