Ordinance 011-1992 11111
Planning Department
FILED FOR RFCO'
ORDINANCE No. ' 011. -1992 •
AN ORDINANCE OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, CREATING
SEC. 9 .5-115 . 1, MONROE COUNTY CODE; PROVID- DANN'( `. KOHA1
ING FOR NEW APPLICATION FEES FOR EXPIRED CLK. CIR. 0
BUILDING PERMITS; PROVIDING A PROCEDURE FOR MONROE COUN Y. F
WHEN A BUILDING PERMIT IS READY BUT NOT
PAID FOR AND NOT PICKED UP; PROVIDING A
PROCEDURE FOR WHEN A BUILDING PERMIT IS
PAID FOR AND PICKED UP BUT THE WORK IS NOT
STARTED; PROVIDING FOR A PROCEDURE WHEN THE
PERMIT IS PICKED UP, PAID FOR BUT NOT
TIMELY PROGRESSED BY ALLOWING UP TO TWO
60 DAY EXTENSIONS IF• APPLIED FOR WITHIN 120
DAYS OF THE COMMENCEMENT OF WORK OR THE
LAST REQUIRED INSPECTION WHICHEVER IS
LATER; PROVIDING THAT THE PROVISIONS OF
THIS ORDINANCE SHALL CONTROL OVER ANY •
INCONSISTENT PROVISIONS OF SEC. 9 .5-115,
MONROE COUNTY CODE; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO .THE MONROE COUNTY
CODE L AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners
seeks to detail the procedures to be used in enforcing the
existing regulations pertaining to the Building Department' s:
( 1) procedures for handling applications for building
permits,
(2) procedures for "approved" 120-day inspections, and
(3) the procedures by which applications and permits are
deemed to have expired; and
WHEREAS, the Board wishes to reemphasize its existing •
policy that building permits and applications should automat-
ically expire in the event that their terms are not complied
with or acted upon in a reasonable period of time; and
WHEREAS, the Board wishes to articulate specifically
what will be considered a "reasonable period of time" for
each action to be undertaken in Sections (b) through (d)
below; and
WHEREAS, the Planning Director, the Building Official,
and their staffs have recommended that these changes be made
in order to clarify these procedures for our citizens who
need these services while at the same time protecting the
health, safety and welfare of the general public by provid-
ing an equitable and understandable process; :now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ' that:
Section 1 . Sec. .9 . 5-115 . 1, Monroe County Code, is
hereby created to read as follows:
Application Fees .
(a) Notwithstanding Monroe County Resolu-
tion No. 605-1990, Section (a)2, the follow-
ing building permit application fees shall be
as follows:
Category New Application Fee
Modular Homes $ 500
Conventional Homes 750
Commercial Structures 1500
The foregoing fees shall be referred to
throughout this ordinance as the "new applica-
tion fee" . The new application fees do not
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
2
who lawfully follow the procedures outlined
below in Sections (b) through (d) , 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 in-
stance where the new application fee exceeds
the "total permit fee" ; then the new applica-
tion fee shall become the total permit fee.
(b) Permit ready, but not paid for and
not picked up.
Any Building Department office shall
notify the permit applicant that their permit
is ready to be issued (the "ready permit" )
and must be picked up within thirty (30)
calendar days after notification.
Notification shall be by certified mail
to the name and address given by the appli-
cant on the application. Proof of mailing to
the correct name and address as listed on the
application shall be considered correct and
adequate notice to the applicant that he/she
must pick up his/her permit. If the applicant
has not picked up his/her "ready permit"
within thirty (30) calendar days from the
date of mailing, then both the application
and "ready permit" shall automatically ex-
pire. The new application fee already paid .
shall not be refunded. Upon expiration, any
future activity shall require a new applica-
tion together with all appropriate fees.
(c) Permit paid for and picked up but
work not started.
After the new permit has been paid for
and picked up in a timely fashion ( see Sec-
tion (b) above) , the permit holder must com-
mence the work, as described in Monroe County
Code Section 9 . 5-4(C-10) with approved inspec-
tions pursuant to permit requirements, or by
means of an approved temporary electric in-
spection.
In the event that the work outlined on
the permit has not begun within the sixty
(60) calendar day period, the permit shall
automatically expire. The new application fee
and total permit fee already paid shall not
be refunded. Upon expiration, any future
activity shall require a new application
along with all appropriate fees. However, if
3
at any time prior to the expiration of the
permit, the permit holder requests, in writ-
ing, to the appropriate Building Department
office, a one-time sixty (60) calendar day
extension, such extension shall be granted.
Only one sixty-day extension is allowed under
subsection (c) .
(d) Permit paid for, picked up and work
started
Any valid permit, for which construction
has commenced, as described in Monroe County
Code Section 9 .5-4(C-10) with approved inspec-
tions pursuant to permit requirements, or by
means of an approved temporary electric in-
spection, must be adhered to and the author-
ized work progressed in a timely fashion. The
only method by which "timely valid progress"
of authorized work may be shown is through
the Building Department having performed and
approved a "required inspection" , within 120
calendar days measured from either. ( 1) the
date work was required to begin, or (2 ) from
the date of the last approved "required in-
spection" .
A "required inspection" is any inspection
which is highlighted in red print on the
Monroe County Building Permit display card,
as amended from time to time, and which shall
include any auger/auger cap; piling/ piling
cap; grade beam/slab; columns/ tie beams;
slab; roof trusses/ sheathing; framing; insu-
lation/ drywall; final building; total rough
plumbing; final rough plumbing; A/C ductwork;
final mechanical; final cistern; total rough
electrical; final electrical .
Any permit whose progress fails to meet
the "required inspection within 120 days"
requirement shall automatically expire and
any future activity shall require a new appli-
cation along with all appropriate fees. Howev-
er, if at any time prior to the expiration of
the 120 days, measured from either commence-
ment of work or last approved required inspec-
tion whichever is later, the permit shall be
extended upon the written request of the
permit holder for up to one additional period
of 60 days. No more than one 60 day extension
may be granted under subsection (d) .
4
111111
EXCEPTION: If at any time after author-
ized work has begun, and a building permit
has automatically expired, then within 365
calendar days of the expiration date, the
general requirement that a completely new
application and total permit fee be paid
shall not apply, and instead the new applica-
tion would be deemed filed, reviewed, and ap-
proved, and shall be issued after the payment
of a $100 reactivation fee.
In the event that the expired building
permit is not reactivated within 365 calendar
days of the expiration date, then the build-
ing permit shall only be reactivated by the
payment of an amount equal to the remaining
value of the "total permit fee" required
under the current code to complete the struc-
ture.
Notwithstanding the foregoing, no permit
so extended or so renewed shall be
transferrable except to an immediate family
member.
NOTE: This exception can be applied
only once during the life of the project.
(e) In the event of any conflict between
Section 9 .5-115 . 1, Monroe County Code, and
Section 9.5-115, Monroe County Code, the
provisions of Section 9 . 5- 115 . 1, 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.
5
Section 4. The provisions of this Ordinance shall
be included and incorporated in the Code of Ordinances of
the County of Monroe, Florida, as an addition o'r amendment
thereto, and shall be appropriately renumbered to conform
to the uniform numbering system of the Code.
Section 5. This Ordinance shall take effect immedi-
ately 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.
PASSED AND ADOPTED by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting of said •
Board held on the 7th day of April
A.D. , 1992 .
Mayor Wilhelmina Harvey Yes
Commissioner Earl Cheal Yes
Commissioner Doug Jones _ Yes
Commissioner Jack London Yes
Commissioner John Stormont Yes
(SEAL)
Attest:
BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY:&Lle,
EFFECTIVE DATE:
APPROVE°AS 10 FORM
AND LEGAL SUFFICIENCY
Attorney;Office
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE, CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
April 23, 1992
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief /r;//'} 509 ~oa
Bureau of Administrative Code and Laws
Department of State
The Capitol #
Tallahassee, Florida 32301
Dear Mrs. Cloud:
(
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Enclosed please find a certified copy of Ordinance
No. 011-1992 creating Section 9.5-115.1, Monroe County Code,
providing for new application fees for expired building per-
mits, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on April 7, 1992. Please file for record.
Very truly yours,
Board
By:
Rosalie L. C
Deputy Clerk
cc:
Municipal Code Corporation
Mayor W. Harvey
Mayor Pro Tern J. London
Commissioner E. Cheal
Commissioner D. Jones
Commissioner J. Stormont
County Attorney R. Ludacer
County Administrator T. Brown
Growth Management Director R.
'F'ilr>
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399.0250
(904) 488-8427
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April 28, 1992
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of April 23, 1992 and
certified copy of Monroe County Ordinance No. 92-11, which was
filed in this office on April 27, 1992.
S~elY' ~
Liz C~~ Chief
Bureau of Administrative Code
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MuNICIPAL CODE CQ~PORATION
Stp~lem?nt DfOdrtme~t ~
PI} Box 2235 ""
Tallahassee, Fl 32315-2235
Cooe SU9plelent No. 45 05/06/92
We have received ttle following material. Thank you
for your assistance and cooperation.
Ordinance Nos. 011-19921 01:',992 and 013-1992.
1-800-262-CODE (National)
I-BOO-342-CODE (Florida)
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TO:
~s. Rosalie l. Con~olly
Deputy Clerk
Itollroe County
P.O. Box 1990
~ey West. F~ 33040
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