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Board weighs reinstating local building-code appeals board or MOU with neighboring county

Charlotte County Board of Supervisors · December 11, 2024

Summary

Staff told supervisors state code requires the building official to enforce the code and outlined two options for appeals: reconstitute a local Board of Building Code Appeals (requiring contractors, a PE/architect, etc.) or establish an MOU with a neighboring county to use its board; members discussed feasibility and civil-penalty options.

County staff briefed the Board on code-enforcement options and the limits imposed by state building code, telling supervisors the county cannot selectively choose where to enforce code and that appeal options exist for interpretation disputes.

As staff described it, “the building official is required by state state code to fulfill what is stated in that, building code, that he doesn't have an option.” Staff offered two primary options: (1) reconstitute a local Board of Building Code Appeals with membership meeting code criteria (contractors, property managers, and at least one professional engineer or architect) that could hear appeals, or (2) negotiate an MOU with a neighboring county that already has a board to hear appeals for Charlotte County cases. The board discussed the cost of paying members (staff estimated $30 per meeting per member) and the practical difficulty of finding qualified members in all districts; some supervisors said they preferred a local board if feasible.

Staff also noted the code already prescribes civil penalties for violations and that penalties could be up to $2,500 for violations or repeated violations. The board asked staff to provide candidate names and the specific criteria from the building code and to return with a proposal that includes cost and membership options.

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