Ordinance 005-2000
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-J ~ ~DI{tA.NCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
u... ~UNTy,:q:LORIDA, AMENDING SECTION 6-40, MONROE COUNTY CODE,
DEFINING INACTIVE BUILDING PERMITS AND ESTABLISHING PROCEDURES FOR
REACTIVATION OF INACTIVE BUILDING PERMITS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Section 6-40, Monroe County Code ("MCC") and Chapter 9.5, MCC,
require that a Rate of Growth Ordinance ("ROGO") allocation award automatically expires
with the expiration of a building permit; and
WHEREAS, Section 6-40, MCC, provides that in order to renew any expired building
permit an applicant must go through the ROGO; and
WHEREAS, expired allocation awards resulting from expired permits for which
construction has started are generally not made available for reallocation until at least a
year after their expiration; and
WHEREAS, Monroe County has issued several building permits for residential dwellings,
under which construction started but the building permits subsequently expired; and
WHEREAS, the existing language of Section 6-40, MCC, provides for only a very limited
opportunity for extension of expired permits within 60 days after their expiration; and
WHEREAS, the requirement to go back through the ROGO process creates undue
hardship and is often an unnecessary impediment to the completion of the unfinished
residential building; and
WHEREAS, unfinished residential buildings negatively impact community character
and may eventually result in public safety problems and become a public nuisance; and
WHEREAS, the County Growth Management staff recommended a revision to Section
6-40, MCC, providing relief, in appropriate circumstances, from the current building permit
expiration provisions of Section 6-40, MCC; now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
as follows:
The existing heading to Section 6-40, MCC, is hereby amended to read
Sec. 6-40
permits.
Application procedures for expired and inactive building
Section 2. Existing Section 6-40(e)(2), MCC, under the subsection entitled "Permit
Paid fOf- Picked Up and Work Started, "is hereby amended to read as follows:
(2) Any permit whose progress fails to meet the "required inspection
within one hundred twenty (120) days" requirement shall become inactive;
and any further activity shall require submission of a permit reactivation
application, and payment of any applicable fees, to reactivate the permit Any
inactive permit which is not reactivated within one (1) year of the last
approved, required, inspection, shall automatically expire; thereafter, any
future activity shall require a new application, payment of appropriate fees,
and issuance of a valid allocation award in accordance with the Dwelling Unit
Allocation Ordinance. However, at any time, within sixty (60) days after the
permit becomes inactive for failure to meet the "required inspection within one
hundred twenty (120) days" requirement, the permit shall be extended upon
the written request of the permit holder, without charge, for one (1) additional
period of sixty (60) days. In addition, an inactive permit may be extended,
prior to expiration, for a single, one-time only, 120-day period upon payment of
a $100.00 reactivation fee. Within sixty (60) days after reactivation of the
permit, the work in place is subject to such inspection(s) as the Building Official
may deem necessary to determine the current condition of any work which
may have deteriorated during the period of inactivity, and progress of the
work, including any corrective work ordered by the Building Official, must
resume. The applicant for reactivation and 120-day extension of an inactive
permit must sign an acknowledgment that upon reactivation of the permit no
further extension, renewal or reactivation will be granted, and that if the permit
expires, the property owner shall be required to comply with the nuisance
abatement provisions of the Code or the work in place will be demolished.
The provisions of this Section apply to the permittee, any applicant for
reactivation of an inactive permit, and successive owners of the property
which is the subject of the permit.
Section 3. 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 4. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 5. 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.
'- .
Section 6. 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.
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 January, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Com!Y1fSsioner~ry Kay Reich
Co~missioh~J.No[q Williams
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(SEAL) !, >.';"...'. ,'.",-.,;::: i\.i
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Attest: DI>l , .t'lt),.:KQLHA.G~/ Clerk
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yes
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yes
yes
yes
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By ~
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Mayor alrperson
By
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KE'lQWEST
j ITIZEN
3420 Northside Drive
Key West Fl. 33040
Office 305-294-664:1 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA S 0 <:)
COUNTY OF MONROE $~~ .~
Before the undersigned authority personally appeared Randy G. Erickson, wl2~ata;
says that he is director of the Advertising Department of the Key West Citiz~~ttail~
newspaper published in Key West, in Monroe County, Florida; that the attac~pY4
vertis€?ment, being a legal otice in the matt of ~~~ :It
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Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Floridaeach day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement ; and affiant further says that he has neither paid nor
promised any person , firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in t i ewspaper.
t Signature of Affiant
Sworn and subscribed before me this~ day of O{}.f2.v;..Jalf..
,1999.
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NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday , January 20, 2000 at
10:00 AM at the Harvey Center -
Truman School, 1200 Truman Ave-
nue, Monroe County, Florida. The
Board of County Commissioners of
Monroe County intends to consider
the adoption of the following County
ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING SEC.MONROE COUN-
TY CODE: ESTABLISHING INAC-
TIVE BUILDING PERMITS AND
PROCEDURES FOR REACTIVA-
TION OF INACTIVE BUILDING
PERMITS; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVID-
ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given that if a
person decides to appeal any deci-
sion made by the Board with respect
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made,which record includes the evi-
dence upon which the appeal is to
be based.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County,Florida.
Dated at Key West, Florida,this 16th
day of December 1999.
DANNY L.KOLHAGE,Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners
of Monroe County,Florida.
Dec.31st, 1999&Jan.7,2000
�FLORIPA KETi�KEYNOTER aoc.2.0.0
.
Published Twice Weekly
Marathon, Monroe County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF MONROE
•
Before the undersigned authority person- „vHOM IT MAY CONCERN that Pursuant to Section 286.0105;
ally appeared TOM SCHUMAKER who on • on Thursday, January 20, Florida Statutes,notice is given
2000,at 10:30 AM at the Her- -that if a person decides to ap-
oath, says that he is PUBLISHER of the vey Center - Truman School, peal any decision made by the
1200 Truman Avenue, Key Board with respect to any mat-
FLORIDA KEYS KEYNOTER, a twice West, Monroe County, Florida, ter will nesideredatrd of tring,he
the Board of County Commis- will need a record of the pro-
weekly newspaper published in Marathon, sioners of Monroe County,Flori- ceedings,and that,for such pur-
da, intends to consider the pose, he may need to ensure
in Monroe County, Florida: that the adoption of the following Coun- that a verbatim record of the
ty ordinance: - rocrdeedings is
t mae de,stimony which
re-
attached copy of advertisement was AN ORDINANCE OF THE nd
evidence upon which the appeal
published in said newspaper in the issues BOARD OF COUNTY COMMIS- is to be based.SIONERS OF MONROE COUN-
•
.TY,FLORIDA,AMENDING SEC. Copies of the above-referenced
of (date(s) of publication) MONROE COUNTY CODE; ES- ordinance are available for re-
• TABLISHING INACTIVE BUILD- view at the various public librar-
ING PERMITS AND PROCE- ies in Monroe County,Florida.
December 31, 1999 Of INACTIVE U RES FOR LDINGAON PIER- Dated at Key West,Florida,this
MITS;PROVIDING FOR SEVER- 16th day of December,1999.
ABILITY;PROVIDING FOR-THE
January 8f 2000 REPEAL OF ALL ORDINANCES DANNY L.KOLHAGE,
INCONSISTENT HEREWITH; Clerk of the Circuit Court
no.0583400 PROVIDING FOR INCORPORA- and ex officio Clerk of the Board
NOTICE OF INTENTION TO TION- INTO THE MONROE • of County Commissioners of-
CONSIDER ADOPTION OF COUNTY CODE OF ORDI-- Monroe County,Florida'
Affiant further says that the said FLORIDA COUNTY ORDINANCE NANCES;AND PROVIDING AN
EFFECTIVE DATE. Publish December 31,1999;
KEYS KEYNOTER is a newspaper published k• - k • January 8,2000.- Florida Keys Keynoter
Continued on the 'Continued on the
at Marathon, in said Monroe County, Next Column - Next Column ( —
Florida, and that the said newspaper has -
heretofore been continuously published in .
said Monroe County, Florida, twice each
week (on Wednesday and Saturday) and
has been entered as a second class mail
matter at the post office in Marathon, in
Monroe County, Florida, for a period of
one year next preceding the first
publication of the attached copy of
advertisement. The affiant further says
that he has neither paid nor promised any o 0 0
person, firm, or corporation any discount,
rebate, commission or refund for the o� . • r"
purpose of securing this advertisement for r•Ti=—‹ C' r-r
publication in the said newspaper(s) and
that The Florida Keys Keynoter is in full
compliance with Chapter 50 of the Florida _<<C;
State Statutes on Le al and Official -r+� , c�
P' 7CD
Advertise ts. P' rYt O
b
Sword,I�o and su i ed b ore me
this L Day of , , 2000
(SEAL)
�/�/ jr� 3
8 VERLYikt TRAEGER
�// u ° " "C MY Comm EP.W1f09
,_t:....,.iA.R,
otary `: r r it .4r n l.11k
t IlE
lour Upper Keys Connection No.9554600
IREPORTER NOTICE OF INTENTION
TO CONSIDER THE
ADOPTION OF A
P.O. Box 1197•Tavernier, Florida 33070-1197 COUNTY ORDINANCE
(305) 852-3216 Fax: (305)852-8240 NOTICE IS HEREBY
GIVEN TO WHOM IT
MAY CONCERN that on
Thursday,January 20,
2000PROOF OF PUBLICATION Harv,yCent te AM at the
Harvey Center-Truman
School,1200 Trumman
Avenue,Key West.Mon-
STATE OF FLORIDA Mon-roe County orida, e
Corn-
COUNTY OF MONROE missioners of Monroe
County,Florida intends
to consider the adoption
Before the undersigned authority of the following County
personally appeared DONNA STUTTS, AN1ORDINANCE OF
who on oath, says that she is PUBLISHER THE BOARD OF COUN-
TY COMMISSIONERS
of THE REPORTER, a weeklynewspaper OF O MONROE
O COUNTY,
OF MONROE COUNTY,
entitled to publish legal advertising FLORIDA,AMENDING
SEC.MONROE COUN-
published at Tavernier, Monroe County, TY CODE;ESTABLISH,
Florida: that the attached copy of ING INACTIVE BUILD-
INGAND
advertisement, being a LEGAL NOTICE in ROCEDUIRESFOR
said newspaper in the issue of: REACTIVATION OF IN-
ACTIVE BUILDING
PERMITS;PROVIDING
December 30, 1999 & January 6, 2000 FOR SEVERABILITY;
PROVIDING FOR THE
REPEAL OF ALL ORDI-
Affiant further says that THE REPORTER NANCESINCONSIS-
TENT HEREWITH;
is a newspaper published at Tavernier, in PROVIDING FOR IN-
said Monroe County, Florida, and that the CORPORATION INTO
COUN-
said newspaper has heretofore been THE MONROEDE FRDI-
TY CODE OF ORDI-
continuously published in the said NANCES;ANDPRO-
Monroe County, Florida, each week (on VIDING AN FFFFt^TIVF
DATE.
Thursday), and has been entered as Pursuant to Section
second class mail matter at the Post 286.0105,Florida
Statutes,notice is given
Office in Tavernier, in said County of that if a person decides to
Monroe, Florida, for a period of one year appeal any decision
th
next precedingthe first publication of the made ttoay Boardtier
respect to any matter
attached copy of advertisement; and considered at the hear-
ing,
ecord
affiant further says that he has neither of
thehe ll
proceedings,
ga ,and
Y of the proceedings,and
paid nor promised any firm, person, or that,for such purpose,he
maycorporation any discount, rebate, ave vnerbated to im
reconsurerd
thate
a verbatim record of the
commission or refund for the purpose of proceedings is made,
securingthisadvertisement for which record includes the
testimony and evidence
publication in the said newspaper and that upon which the appeal is
The Reporter is in full compliance with to be based.
P p Copies of the above-ref-
Chapter 50 of the Florida State Statutes on erenced ordinance are
Legal and Official Advertisements. available for review at the
various public libraries in
Monroe County,Florida.
Dated at Key West,this,
16th day of December
1999.
r DANNY L.KOLHAGE,
Clerk of the Circuit Court
Sworn to and subscribed Ize. f�pift and exofficioClerkofthe
6th Day of January, 2000 3 ��} W Board of County
��� �f 13 Commissioners of
3nVM10)4 .1 Monroe County,Florida
(SEAL) 00"% Anna M Hines �� d�Q PUBLISHED:12/30/99
*lw 0*My Com�'y/ j 0 7 AA The Reporter
'•.,,,;vow Expires March Z Cad 00 Tavernier,FL 33070
�'7 t ii�� _I03lI
2 <_
Notary
r)-.
3420 Northside Drive
KEVJWEST
ITIZEN
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key West, Momoe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
advertttent, being ~ legal no~ the ma~er of .
'./l/'../~1 - ~~ r8~.Lt.-; ,~~
in-the - C-ourt,-was-published in-saidnewspaper in the issues of
j;2p c.. ..3 /.. /~9 , 4a.u... 7, oLO(J~
// .
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refuD;d for
the purpose of securing this advertisement for publicatio . n the sai w aper.
Sworn and subscribed before me this
{P~yof ~
Expires: Oct. 11. 2002
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Type of Identification Produced
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NOTICE OF INTENTION TO CON-
SIDER ADOTTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Thursday , January 20, 2000 at
10:00 AM at the Harvey Center -
Truman School, 1200 Truman Ave-
nue, Monroe County, Florida. The
Board of County Commissioners of
Monroe County intends to consider
the adoption of the following County
ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING SEC. MONROE COUN-
TY CODE: ESTABLISHING INAC-
TIVE BUILDING PERMITS AND
PROCEDURES FOR REACTIVA-
TION OF INACTIVE BUILDING
PERMITS; PROVIDING FOR SEV-
ERABILITY;PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH; PRO-
• VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVID-
ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given that if a
person decides to appeal any deci-
sion made by the Board with respect
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made, which record includes the evi-
dence upon which the appeal is to
be based.
Copies of the above-referenced ordi-
nance are available for review at the
various public libraries in Monroe
County,Florida.
Dated at Key West, Florida, this 16th
day of December 1999.
DANNY L.KOLHAGE,Clerk of the
Circuit Court and ex-officio Cierk of
the Board of County Commissioners
of Monroe County, Florida.
Dec.31st, 1999&Jan. 7.2000
1!lannp lL. l!tolbage
BRANCH OFFICE
3117 OVERSEAS ffiGHWA Y
MARAlHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS ffiGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 4, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find a certified copy of Ordinance No. 005-2000 amending Section
6-40, Monroe County Code, Defining inactive building permits and establishing procedures for
re-activation of inactive building permits; Providing for Severability; Providing for the repeal of all
Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code or
Ordinances; and Providing an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in fonnal session on January 20, 2000. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:a. Hancock
.,-~
uty Cle
Cc: Board of County Commissioners
County Administrator w/o document
County Attorney
Growth Management
Municipal Code Corporation
File
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Thank you for using Return Receipt Service.
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE 'C7i ..._._ HISTORIC PRESERVATION BOARDS
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RINGLING MUSEUM OF ART
MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
February 10, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
- Key West,-Florida 33040 —
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of February 4, 2000 and certified copy of Monroe County Ordinance
No. 05-2000, which was filed in this office on February 7, 2000.
Sincerely,
ctovi.t)
Liz Clou , Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building • 401 South Monroe Street • Tallahassee,Florida 32399-0250 • (850)488-8427
FAX: (850)488-7869 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statell.us
•
Municipal Code Corporation .Sv.m.— '
info eail.municode,cors �� < - -''" . -
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PO �,,x � p ,ir US.POS1Al:i:: ' •
Tallahassee, Fl 2315-2235 /i FEB j
•
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Supplement 67 02l1012000 ✓BWItlE • ,
�- fl 6856045 �x
We have received the following material through
hard copy. Thank you for your assistance and
cooperation, •
Ordinance No. 005-2000.
TO: •
200-262-22633 fax 250-575-2252 BJ.J Ms. Pamela G. Hancock
Looking for a customer complaint tracking software Deputy Clerk .
We offer a comprehensive software called CCFR Monroe County
Tired of mailing out Codes and Supplement? 500 Whitehead Street
We can distribute them for you for a minimal fee! Key West, FL 33040