§ 6-110. Fees and permitting requirements for work done without a permit.

(a)

After-the-fact permits and fees.

(1)

Any person who commences any work requiring a permit under this chapter on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the building official's approval or necessary permits shall pay $500.00 for completed construction work that is valued at $5,000.00 or less or, pay $1,000.00 for completed work that is valued at more than $5,000.00 or ten percent of the value of the construction work already completed, whichever is greater.

(2)

Before any permit may be issued under subsection (a) of this section, the person, firm or corporation seeking the permit shall, at his own expense provide the building department with the following:

a.

Drawings sealed by an engineer licensed to practice in the state that certifies that all work already done is in compliance with the Florida Building Code; and

b.

A certification from an engineer licensed in the state that all steel work is in compliance with the Florida Building Code and relevant state law and that such compliance has been verified through generally accepted engineering practice.

Compliance with the engineer certification requirements of this subsection shall neither relieve the person, firm or corporation of fully complying with all other relevant county regulations, county ordinances or state statutes, nor from any penalties prescribed herein.

(3)

Any person who commences to place fill that requires a permit under this chapter before obtaining the building official's approval or necessary permits shall:

a.

Pay $500.00 for fill placed over 100 square feet or less of area, or pay $1,000.00 for fill placed over more than 100 square feet of area;

b.

Pay a mitigation fee to the county's restoration fund of $3.00 per square foot of wetlands area affected; and

c.

Restore to the original condition and grade those filled areas that cannot be permitted under the Florida Building Code and part II of this Code.

(4)

Any person who commences to clear lands that require a permit under this chapter or part II of this Code before obtaining the building official's approval or necessary permits shall:

a.

Pay $500.00 for clearing of 100 square feet or less of land, or pay $1,000.00 for clearing of more than 100 square feet of land; and

b.

Comply with the requirements of section 118-11.

(b)

Demolition. In lieu of obtaining an after-the-fact permit or approval from the building official above, the person, firm or corporation may remove all unpermitted work and return the site to its original condition. A demolition permit shall be required for all commercial work (regardless of value), and for residential work when the fair market value of the unpermitted construction work is $1,000.00 or more. For removal of unpermitted fill, a demolition permit shall be required, the fees and requirements for the demolition permit including payment of mitigation funds shall be the same as those for an after-the-fact permit pursuant to subsection (a)(3) of this section. For unpermitted land clearing, an after-the-fact permit, not a demolition permit, shall be required pursuant to the provisions of subsection (a)(4) of this section.

(c)

Unpermitted placement of fill and land clearing; after-the-fact permit.

(1)

If land has been cleared in excess of what may be permitted, no building permit shall be issued for after-the-fact construction work under this section until the requirements of section 118-11 and subsection (a)(4) of this section have been met.

(2)

If placement of fill has occurred in excess of what may be permitted, no building permit shall be issued for after-the-fact construction work under this section until the requirements of subsection (a)(3) of this section have been met.

(d)

Work that is unpermittable. In the event the construction work, land clearing, or placement of fill is unpermittable under the Florida Building Code and part II of this Code, the site shall be restored to its original condition pursuant to subsection (b) of this section.

(e)

Appeals. An appeal from any administrative decision made by the building official in enforcing this section shall be pursuant to part II of this Code.

(f)

Emergency exemption. The provisions of this section shall not apply to emergency work when delay clearly would have placed life or property in imminent danger. But in all such cases the required permit must be obtained within three business days and any unreasonable delay in obtaining said permit shall result in the charge of an after-the-fact permit fee as per subsection (a) of this section. The payment of this fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing.

(Code 1979, § 6-29; Ord. No. 010-2002, § 6; Ord. No. 006-2004, §§ 1—7; Ord. No. 025-2018 , § 1)