Hernando County, FL Banner Image
File #: 14203   
Type: Agenda Item Status: Agenda Ready
File created: 6/20/2024 In control: Board of County Commissioners
On agenda: 7/30/2024 Final action:
Enactment date: Enactment #:
Title: Request Submitted by Dominique Moglia Tilwick for Appeal of Building Official's Revocation of Building Permit Exemption for Non-Residential Farm Building on Property Located on Peach Bloom Road
Attachments: 1. Affidavit Building Permit Exemption Nonresidential Farm Buildings, 2. Notice of Revocation of Building Permit Exemption 1443578, 3. Request to Appeal Denial of Building Permit Exemption for Nonresidential Farm Building, 4. Affidavit of Legal Ad Publication CLK24-097, 5. Public Comment Form - Dominique Tilwick, 6. Picture of Dominique Tilwicks RV, 7. Presentation by CAO Tartaglia regarding Request by Dominique Moglia Tilwick Appeal of Building Officials Building Permit Exemption Revocation

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Request Submitted by Dominique Moglia Tilwick for Appeal of Building Official’s Revocation of Building Permit Exemption for Non-Residential Farm Building on Property Located on Peach Bloom Road

 

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BRIEF OVERVIEW

Hernando County resident Dominique Moglia Tilwick was granted a non-residential farm-building permit exemption on July 5, 2022, upon her application and sworn affidavit that the structure she intended to build on her property at 15367 Peach Bloom Road satisfied the definition of non-residential farm building in Fla. Stat. s. 604.50.  Effective June 3, 2024, the Building Official revoked Ms. Tilwick’s exemption upon reasonable proof that the structure was being used as a dwelling rather than as a non-residential farm building.  On June 19, 2024, the County Attorney’s Office received a letter from Ms. Tilwick’s legal counsel requesting that an appeal of the revocation be heard by the Board of Construction and Regulation (BCR).  Pursuant to Hernando County Code Ch. 8, Art. II, Subdivision B, the BCR is authorized to hear appeals of the Building Official’s decisions; however, the BCR has no quorum at this time.  By virtue of Fla. Stat. s. 125.01 and Fla. Const. Art. VIII, s. 1, the Board of County Commissioners is authorized to substitute for the BCR to hear the appeal.

 

FINANCIAL IMPACT

No financial impact.

 

LEGAL NOTE

The Board is authorized to act on this matter pursuant to Fla. Stat. s. 125.01 and Fla. Const. Art. VIII, s. 1.

 

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RECOMMENDATION

It is recommended that the Board hear the appeal of the Building Official’s revocation of the Ms. Tilwick’s non-farm building permit exemption and decide whether or not to uphold the revocation.