Subject:
Title
Resolution relating to waiving building permit fees for storm reconstruction and repair.
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Recommended Action:
Recommended Action
Approval to adopt a resolution waiving any application or inspection fee for a building permit application within the unincorporated County and communities of Belleair Beach, Belleair Bluffs, Belleair Shore, Indian Rocks Beach, Oldsmar, Kenneth City, and Safety Harbor submitted from September 27, 2024, to June 1, 2025, that was damaged, directly or indirectly, by Hurricane Helene or Hurricane Milton, subject to the following conditions:
• This waiver is applicable to permits for work to demolish and repair such damage.
• This waiver is applicable to permits for work to demolish a “substantially damaged” structure as that term is defined in Section 158-182 of the Pinellas County Code.
• This waiver is applicable to permits for work to reconstruct, alter, or modify a structure that sustained such damage to elevate that structure or otherwise bring it into compliance with the County’s floodplain regulations and the Florida Building Code.
• This waiver is not applicable to permits for accessory outdoor amenities including, but not limited to, a swimming pool, driveway, patios, screen cages, and sheds.
• This waiver is not applicable to permits for new construction.
• This action is expected to waive up to $3,960,000.00. A future budget amendment will be proposed to fill this gap in the Building Fund once the total amount is known. Further, the County will likely request reimbursement from the State of Florida for lost or waived fees associated with Hurricanes Helene and Milton.
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Strategic Plan:
Ensure Public Health, Safety, and Welfare
2.1 Provide planning, coordination, prevention, and protective services to ensure a safe and secure community.
Foster Continual Economic Growth and Vitality
4.4 Invest in infrastructure to meet current and future needs
Summary:
Summary
If demolition, repair, or reconstruction work is performed without the permits and inspections required under the Florida Building Code, it will (i) increase the likelihood that the work will fail to comply with the Florida Building Code, thereby reducing the safety and value of the affected property, and (ii) jeopardize the 45% discount on flood insurance currently applied to all residents in the County through FEMA's Community Rating System. Therefore, the risk of such unpermitted, uninspected work poses an immediate danger to the public health, safety, and welfare that requires emergency action.
Various provisions of state and local law (including Florida Statutes Sections 553.79 and 553.80) ordinarily require the County to establish application and inspection fees for building permits and to apply those fees consistently. But with more than 5,120 properties in the unincorporated County affected by the Storms and potentially in immediate need of the demolition, repair, and reconstruction work described above, it is necessary to protect the public interest to waive permit fees for that work to allow owners of Storm-damaged properties to obtain required permits and inspections as expeditiously as possible and in spite of any financial losses caused by either storm.
Because uninhabitable structures pose an immediate danger to the public health, safety, and welfare, the waiver should apply to work that restores the affected structures to habitability as quickly as possible. Accordingly, the waiver for reconstruction work should be limited to reconstruction of an existing structure, which has the potential for quicker occupancy and lower job cost than new construction.
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Background Information:
On September 24, 2024, pursuant to Florida Statutes Section 252.38(3)(a)5 and Pinellas County Charter Section 2.04(k), the Pinellas County Board of County Commissioners passed Resolution 24-68 declaring a state of emergency within the boundaries of the County due to Helene (as may be extended or expanded from time-to-time, the Emergency”).
On October 5, 2024, the Governor of the State of Florida issued Executive Order 24-214 to declare an additional state of emergency in certain counties, including Pinellas, due to a tropical weather system then designated as “Tropical Storm Milton” and ultimately designated as “Hurricane Milton” (“Milton”)
The impact of the two storms affected over 8500 properties in the unincorporated County and the communities of Belleair Beach, Belleair Bluffs, Belleair Shore, Indian Rocks Beach, Oldsmar, Kenneth City and Safety Harbor. Considering the extensive number of damaged properties and the considerations of getting residents back in their homes and business owners back operational, the waiving of fees is necessary to protect the public interest to waive permit fees for that work to allow owners of Storm-damaged properties to obtain required permits and inspections as expeditiously as possible and in spite of any financial losses caused by either storm.
Fiscal Impact:
Up to 3.96 million dollars in revenue to the Building Fund based on permitting projections associated with storm repair.
Staff Member Responsible:
Kevin McAndrew, Director, Building and Development Review Services
Partners:
N/A
Attachments:
Resolution