HomeMy WebLinkAboutResolution 2024-31 Temporary Waiver of Building Permit fees for Repairs related to damage caused by Hurricane MiltonRESOLUTION N0.2024-31
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA,
PROVIDING FOR A TEMPORARY WAIVER OF BUILDING
PERMIT FEES FOR REPAIRS RELATED TO BUILDING OR
STRUCTURAL DAMAGE CAUSED BY HURRICANE
MILTON; PROVIDING FOR AN INTENT AND PURPOSE OF
THIS RESOLUTION; PROVIDING FOR A FILING PERIOD
FOR ELIGIBLE BUILDING PERMIT APPLICATIONS,
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Hurricane Milton caused significant damage to properties within the geographic
area of the City of Winter Springs on or about October 9 and 10, 2024; and
WHEREAS, the Honorable Ron DeSantis, Governor of the State of Florida, issued Executive
Order 24-214 on October 5, 2024, as amended by Executive Order 24-215, declaring a state of
emergency for several counties in Florida due to the dangers presented by Hurricane Milton
which included Seminole County; and
WHEREAS, Seminole County declared a local state of emergency by Executive Order No.
2024-007 related to Hurricane Milton on October 6, 2024, as extended by Executive Order No.
2024-009 on October 11, 2024; and
WHEREAS, Section 252.38(3), Florida Statutes, provides authority for local governments such
as the City of Winter Springs to declare a local state of emergency and to take actions in emergency
situations such as waiving the procedures and formalities otherwise required of political subdivisions
by State law; and
WHEREAS, pursuant to Section 2-255 of the City Code of Winter Springs, the Mayor issued
a local civil emergency due to Hurricane Milton on October 8, 2024, addressing matters relating to
emergencies, including taking whatever prudent action is necessary to ensure the health, safety, and
welfare of the community; and
WHEREAS, the City Commission affirmed and extended the local civil emergency declared
by the Mayor in accordance with Resolution 2024-29; and
WHEREAS, the Florida Buildings Codes Act, Section 553.7922, Florida Statutes, specifically
authorizes local governments to waive application and inspection fees for certain non -technical
building permit fees that are expedited pursuant to the Act, including, but not limited to, roof repairs,
reroofing, electrical repairs, service changes, or the replacement of one window or one door; and
WHEREAS, the City Commission recognizes that it is imperative that building permit fees not
contribute to the financial burdens of recovering from Hurricane Milton for City of Winter Springs
residents for those non -technical building permit applications associated with hurricane damage; and
City of Winter Springs Resolution No. 2024-31
Page 1 of 3
WHEREAS, Hurricane Milton continues to pose a serious threat to the health,
safety, and welfare of the residents of the City of Winter Springs.
WHEREAS, this Resolution is adopted pursuant to the Florida Municipal Home
Rule Powers Act, Section 166.222, Florida Statutes, Section 2-255 of the City Code, and the
emergency powers vested in the City Commission pursuant to all applicable law; and
WHEREAS, the City Commission hereby finds that this Resolution is in the best
interests of the citizens of Winter Springs; and
NOW, THEREFORE, BE IT RESOLVED, as follows:
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this Resolution.
SECTION 2. Intent and Purpose. It is the intent and purpose of this
Resolution to only address building or structural damage directly caused by Hurricane
Milton. 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 Hurricane
Milton. To the extent that a particular building or structure was substantially destroyed
by Hurricane Milton and is beyond repair according to the City's building official, a new
replacement building or structure on the same property as the substantially destroyed
building or structure shall be considered a repair under this Resolution.
SECTION 3. Temporary Waiver of Building Permit Fees. The City
Commission of the City of Winter Springs hereby provides that building permit fees are
hereby waived for any building permit application filed with the City related to repairing
building or structural damage caused by Hurricane Milton. All such applications must be
filed with the City's Building Department on or after October 11, 2024, but no later than
six (6) months after the effective date of this Resolution. The City Commission shall have
the option to extend this Resolution in additional thirty (30) or sixty (60) day increments if
authorized prior to the expiration of this Resolution. 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 Milton.
Notwithstanding the fee waiver authorized by this Section, all building application,
licensing, insurance, inspection, and other building permit fees/conditions required by law
shall apply.
SECTION 4. Severability. If any section, subsection, sentence, clause,
phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
City of Winter Springs Resolution No. 2024-31
Page 2 of 3
portion hereto.
SECTION 5. Effective Date. This Resolution shall become effective
immediately upon adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a
regular meeting assembled this 14t" day of October 2024,
AL 17 �:
Kevin McCann, Mayor
ATTEST:
Christian Gowan, City Clerk
Approved as to Legal Form and Sufficiency
for the City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs Resolution No. 2024-31
Page 3 of 3
s�1t1►NOL�