PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING CHAPTER 21, BUILDING AND HOUSING REGULATIONS, SECTION 21.252, ADOPTION OF COUNTY DOCK BUILDING CODE, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
This is a request to consider adoption of an ordinance amending Article 25, Dock Building Code, Part 2, Property Management Code, Section 21.252, Adoption of County dock building code, General Ordinances, Martin County Code (Dock Building Code) to comply with Chapter 553, Florida Statutes.
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DEPARTMENT: Building
PREPARED BY: Name: Jeff Dougherty
Title: Director of the Building Department/Building Official
REQUESTED BY: Jeff Dougherty
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
The Building Department operates to enforce the Florida Building Code (FBC) in accordance with Chapter 553, Florida Statutes (FS). The intent of the FBC, which became effective in 2002, is to establish the adoption and enforcement of a statewide uniform building code. It is updated by the Florida Building Commission every three years and the 8th edition went into effect on January 1, 2024.
Currently, Section 21.252, General Ordinances, Martin County Code specifies minimum standards for dock construction in Martin County, including materials, hardware, and construction methods for both residential and commercial docks. The standards in the existing Dock Building Code do not require the services of a design professional. The current version of the FBC does require detailed construction drawings of the design of any residential or commercial dock to be signed and sealed by a Florida design professional. At the time of the adoption of the current Dock Building Code, the FBC did not have this requirement. The amendment seeks revise the County’s Dock Building Code to require adherence to the FBC, including any future amendments.
This public hearing was advertised in The Stuart News on Friday, April 11, 2025.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that are arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the Ordinance amending Chapter 21, Part 2, Articles 25, Dock Building Code, General Ordinances, Martin County Code as presented.
ALTERNATIVE RECOMMENDATIONS
Provide alternative direction.
FISCAL IMPACT:
See attached Business Impact Estimate in Accordance with § 125.66(3), Florida Statutes
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.