§ 58-40. Exemptions.

The following exemptions are provided to the indicated provisions of this part:

(1)

Emergency repairs necessary to protect the health, safety and welfare may be undertaken by the responsible agency or utility without prior application and permit issuance. Prior to undertaking such repairs, a reasonable attempt will be made to notify the county and where applicable, fire rescue and/or law enforcement shall be alerted. All applications and documentation required by this part shall be timely provided [to] the county administrator or his designee within ten days following conclusion of the emergency.

(2)

State and federal agencies, governmental authorities, public school districts, and municipalities shall be exempt from the permit fee required by subsection 58-34(5) and the financial assurance required by section 58-37 of this Code provided such agency, authority or municipality is performing the right-of-way construction activity with its own personnel and is not contracting the work. Where a private contractor is involved, the financial assurance required by section 58-37 will be waived provided the sponsoring governmental agency executes a memorandum of understanding with the county indicating that the agency will not make final payment to the contractor, nor release any performance bond required of the contractor prior to final approval of the right-of-way construction activity by the county. Further, the memorandum of understanding will provide that the construction contract documents will require the contractor honor the one year warranty/guaranty required by section 58-36 of this Code.

(3)

Utilities subject to F.S. § 337.401(3), shall be exempt from the permit fee required by subsection 58-34(5) until such time as the County may elect to re-authorize collection of the permit fee pursuant to the procedures specified in the statute.

(4)

Nothing contained in this section shall relieve the agency or entity from its obligation to ensure that applicable construction activities are conducted in accordance with this part or waive its responsibility to correct any deficiencies resulting from such activities.

(Ord. No. 2010-02, § 1, 7-15-10)