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Ordinance 031-1992 Planning Department ORDINANCE No. 031-1992 AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, CREATING SEC. 6-40, MONROE COUNTY CODE; PROVID- ING FOR NEW APPLICATION FEES FOR EXPIRED BUILDING PERMITS; PROVIDING A PROCEDURE FOR 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 CHAPTER 6 MONROE COUNTY CODE; PROVIDING FOR SEVERA- BILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; 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 llreasonable period of timell for each action to be undertaken in Sections l(b) through l(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. 6-40, Monroe County Code, is hereby created to read as follows: (a) Application Fees. Cateqory New Aoplication Fee Modular Homes $ 500 Conventional Homes 750 Commercial Structures 1500 The foregoing fees shall be referred to throughout this ordinance as the llnew applica- tion feell. The new application fees do not represent an increase in the "total permit feesll (Le., building permit fee + electrical permit fee + plumbing permit fee + etc. as applicable) which will be paid by applicants who lawfully follow the procedures outlined below in Sections (b) through (d), in that the full value of the "new application feell 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 lltotal permit feell; then the new applica- tion fee shall become the total permit fee. 2 (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 sixty (60) 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 sixty (60) days from the date of mail- ing, then both the application and "ready permit" shall automatically expire. The new application fee already paid shall not be refunded. Upon expiration, any future activi- ty shall require a new application 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 in- spections pursuant to the permit require- ments, or by means of an approved 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 automatical- ly expire. The new application fee and total permit fee already paid shall not be refund- ed. Upon expiration, any future activity shall require a new application along with all appropriate fees. 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 (c). 3 (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 in- spections 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" wi thin 120 days measured from either (1) the date work was required to begin, or (2) from the date of the last approved "required inspection". 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 may include, but shall not be limited to: any auger/auger cap; piling/ piling cap; grade beam/slab; columns/ tie beams; slab; roof trusses/ sheathing; framing; insulation/ drywall; final building; total rough plumb- ing; final rough plumbing; A/C ductwork; final mechanical; final cistern; total rough electrical, or final electrical inspection. 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). EXCEPTION: If at any time after author- ized work has received an approved columns/ tiebeams inspection and a building permit has automatically expired, then within 365 days of the expiration date, the general require- ment that a completely new application and total permit fee be paid shall not apply and instead, the new application would be deemed to have been filed, reviewed and approved and 4 shall be issued after the payment of a $100 reactivation fee. No permit so extended or so renewed shall be transferable except to an immediate family member. NOTE: This exception can be applied only once during the life of the project. In the event that the expired building permit which could qualify under the aforemen- tioned exception is not reactivated within 365 days of the expiration date, then the building permit shall only be reactivated by the payment of an amount equal to the remain- ing value of the "total permit fee" required under the current code to complete the struc- ture". Nothing in this section shall extend a building permit beyond the maximum period outlined in Sec. 9.5-111(b) (e) In the event of any conflict between Section 6-40, Monroe 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 Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. 5 Section 5. This Ordinance shall take effect immedi- ately after the effective date of Ordinance No. 032-1992. Section 6. The Clerk of the Board is hereby directed to transmit a certified copy of this Ordinance to the Florida Department of Community Affairs. Section 7. The Clerk of the Board is hereby directed to transmit a certified copy of this Ordinance to the Secre- tary 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 16th day of October A.D., 1992. Mayor Wilhelmina Harvey Commissioner Earl Cheal Commissioner Doug Jones Commissioner Jack London Commissioner John Stormont Yes Yes ~~-1 es Yes ( SEAL) Attest: BOARD OF COUNTY COMMISSIONERS DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA BY:~ ~Ar. BY:~ :~)o,,, _~ . ~_'\\.. ... Jo-' "" EFFECTIVE DATE: BY 6 ~ FLORIDA DEPARTMENT OF ST ATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 November 19, 1992 ( { 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 letters of November 17, 1992 and certified copies of Monroe County Ordinance Numbers 92-30, 92-31, 92-32, 92-33 and 92-34, which were received and filed in this office on November 19, 1992. ~~ Liz Clou , Chief Bureau of Administrative Code LC/mb "7 ~ -'1 LJ ..; ~. Z ..,.~ ~...,., ::0__ ~ - ~ I 0._:: ,.t"' 0 r"" :;. IT1 -~, C-::l , -:::; O~', I .,IJ ~~;C N - . " X] -0 ,'1 :-,' -- --' " , --r-, " d 0 ~ ~,l ::-0 1'> r --r ~ ,I '" f · Complete items 1 and/or 2 for llddItionel ~.. I also wish to receive the . · Complete itema 3. end 4e · b. following services (for an extra " f ~:f-::::=;~=.:::: ~: ~ :=:..:.- }i ti Z!~-"-"_l:l'Z;,.,.__......_ & "'livered. Consult ostmaster for fee. i. 3. ~rticle Addressed to: 4a. Article ~umber f~. 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