Ordinance 013-1994 Growth Management
ORDINANCE No. 013-1994
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AMENDING
ORDINANCE 004-1994 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;
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 INCOR-
PORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE . 3
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WHEREAS, the Monroe County Board of Coun Comrrssi Hers
seeks to clarify and further define the criteria' and D•ocegures
by which applications and building permits are deemed to. jhave
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.
Page 5
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) . In addition, the per-
mit holder must have applied on or before August
15, 1994 for a variance to the time limitations set
forth in Ordinances 031-1992, 036-1993 and
004-1994 . A permit holder may secure a variance for
completion of only one residential unit under this
provision. The development authorized by a variance
granted under this paragraph shall be counted under
the Dwelling Unit Allocation Ordinance and must
progress in a timely fashion as provided under
subsection (e) above .
Page 6
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 7
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 20th day of July , A.D. , 1994 .
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 MONRO COUNTY, FLORIDA
BY:*s.VOG /� 4. /.w/ an'1 4. BY: t
EFFECTIVE DATE:
APPR r D r4 TO FORM
AND rUypIENCY
BY /.
'limey's Office
Page 8
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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 3307Q
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
August 10, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
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. 013-1994 amending
Ordinance No. 004-1994 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 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 structures(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 the incorporation into the Monroe
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 July 20, 1994. Please file for
record.
Danny L. Roii,age
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C.DeSantis
a,cami c . iluitleteA*4.4.41,
Deputy Clerk
cc: Municipal Code Corporation
Growth Management Director
County Administrator
County Attorney
County Commission
File
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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
August 16 , 1994
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel De Santis, Deputy Clerk
Dear Mr . Kolhage :
Pursuant to the provisions of Section 125 .66 , Florida Statutes,
this will acknowledge your letter of August 10, 1994 and
certified copies of Monroe County Ordinance Numbers 94-13 ,
94-14 and 94-15, which were received and filed in this office
on August 15, 1994 .
Sincerely,
\--(Ntseitn2LC9,
Liz Cloud, Chief
Bureau of Administrative Code
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