HomeMy WebLinkAboutResolution 2023-06 Providing a Temporary Waiver of Residential Building Permit Fees Related to Hurricane Ian RESOLUTION NO. 2023-06
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, PROVIDING FOR
A TEMPORARY WAIVER OF RESIDENTIAL BUILDING
PERMIT FEES FOR REPAIRS RELATED TO BUILDING
OR STRUCTURAL DAMAGE CAUSED BY HURRICANES
IAN AND NICOLE; PROVIDING FOR A FILING PERIOD
FOR ELIGIBLE BUILDING PERMIT APPLICATIONS;
PROVIDING FOR SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, Hurricane Ian and Hurricane Nicole caused significant damage to many
properties within the territorial boundaries of the City of Winter Springs; and
WHEREAS, at the time of adoption of this Resolution, the City of Winter Springs is still
under a state of local civil emergency as declared by Resolution 2023-05, and damage from the
Hurricanes continues to cause adverse impacts to the citizens of Winter Springs; and
WHEREAS, at the October 3, 2022 Special Meeting of the Winter Springs City
Commission, the Commission and City Manager announced the intent not to charge residential
building permit fees related to repairs associated with damage from Hurricane Ian, and the City
has not charged such fees since the October 3, 2022 Special Meeting; and
WHEREAS,the City Commission now desires to formally adopt a resolution temporarily
waiving such fees for applicable building permit applications filed through April 30,2023,in order
to expedite the repairs required as a result of the damage caused by the Hurricanes and to provide
relief to property owners suffering from hurricane-related hardships; and
WHEREAS,this Resolution is adopted pursuant to the Municipal Home Rule Powers Act,
Sections 166.222 and 553.80, Florida Statutes, authorizing the governing body of a municipality
to provide a schedule of reasonable fees to enforce the Florida Building Code, and the emergency
powers vested in the City Commission pursuant to applicable law;
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this Resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS,FLORIDA,AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
City of Winter Springs
Resolution No. 2023-06
Page I of 2
Section 2. Intent and Purpose. It is the intent and purpose of this Resolution to only
address building or structural damage to residences directly caused by Hurricane Ian or Hurricane
Nicole. This Resolution is not intended to apply to building permit applications filed with the City
that are not related to repairing building or structural damage caused by these Hurricanes.
Section 3. Temporary Waiver of Residential Building Permit Fees. The City
Commission of the City of Winter Springs hereby provides that residential building permit fees are
hereby waived for any residential building permit application filed with the City related to repairing
a residential building or structural damage to a residential building caused by Hurricane Ian or
Hurricane Nicole. All such applications must be filed with the City's Building Division by April 30,
2023 to be eligible for the temporary waiver of fees. For purposes of granting the building permit fee
waiver, the building official or his or her designee shall be responsible for verifying that the repairs
being permitted are directly related to damage caused by Hurricane Ian or Hurricane Nicole.
Notwithstanding the fee waiver authorized by this Section, all building application, licensing,
insurance,inspection,and other building permit conditions required by law shall apply.
Section 4. Severability. If any section, subsection, sentence, clause,phrase,word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this resolution.
Section 5. Effective Date.This Resolution shall become effective immediately upon its
adoption by the City Commission of the City of Winter Springs, Florida, and shall expire at 11:59
p.m. on April 30,2023.
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RESOLVED by the City Commission of the City of Winter Springs, in aSveg w meeting
assembled on the32 day of January,2023.
KEVIN McCANN,Mayor
ATTEST:
CHRISTIAN GOWAN,City Clerk
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Approved as to legal form and sufficiency for a
the City of Winter Springs only: WW
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ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No.2023-06
Page 2 of 2