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Resolution 257-2023 Resolution No. 257 - 2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA RECOGNIZING THAT THE IMPLEMENTATION OF ORDINANCE NO. 026-2022 HAS BEEN HAMPERED BY THE LACK OF CAPACITY OF THE BUILDING DEPARTMENT TO CONDUCT INSPECTIONS REQUIRED BY ORDINANCE 026- 2022 AND/OR 010-2012 AND RECOGNIZING THAT FOR PROPERTIES THAT CLOSED BEFORE JANUARY 31, 2024 WOULD HAVE A DEFENSE OF NON-AVAILABILITY OF A CONDITION PRECEDENT AGAINST ANY CLAIM ASSERTED BY A BUYER FOR NOT HAVING AN INSPECTION. Whereas, the Board of County Commissioners of Monroe County (the Board), pursuant to its legislative authority under Article Vill, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, enacted Ordinance 026-2022 on November 15, 2022; and Whereas, that Ordinance updated the inspection upon transfer requirement that had been in existence since 2012 and which is currently codified in Section 122-15 of the Land Development Code; and Whereas, Section 122-15 of the Code imposes a requirement that prior to the transfer of residential property that includes an elevated residential structure with below base flood enclosed area, commonly referred to as a downstairs enclosure, that the inspection of that downstairs enclosure be inspected by the county prior to transfer of ownership; and Whereas, Section 122-15 of the Code creates a private right of action for buyers to seek damages and injunctive relief against sellers who fail to obtain such an inspection; and Whereas, Ordinance 026-2022 was passed by the Board on November 15, 2022 and became effective on or about March 7, 2023, when the statutory challenge period required for land development regulations in the Florida Keys Area of Critical State Concern expired without a challenge; and Whereas, the Building Department currently lacks the capacity to conduct such inspections and has not had that capacity for some period of time; and Whereas, the Board previously found that a seller who sold a property which closed before September 1, 2023 would have a defense of the non-availability of a condition precedent to establish the cause of action for claims brought by a buyer against a seller pursuant to Ordinance 026-2022 and/or 010-2012. Whereas, the Board finds that a seller who sold a property which closed before January 31, 2024 would still have a defense of non-availability of a condition precedent (i.e., county transfer of ownership inspection) to establish the cause of action for claims brought by a buyer against a seller pursuant to Ordinance 026-2022 and/or 010-2012. Now therefore, be it resolved by the Board of County Commissioners of Monroe County, Florida that: 1. The above-stated recitals are incorporated herein as findings of fact. 2. A seller who sold a property which closed before January 31, 2024 would have a defense of the non-availability of a condition precedent (county flood compliance inspection) to establish the cause of action for claims brought by a buyer against a seller pursuant to Ordinance 026-2022 and/or 010-2012. 3. This resolution should be construed liberally in favor of the seller asserting this defense as a complete defense to claims brought pursuant to Ordinance 026- 2022 and/or 010-2012. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of July, 2023 in Marathon, Florida. Mayor Craig Cates Absent Mayor Pro Tern Holly Merrill Raschein Yes Commissioner Michelle Lincoln Yes � a Commissioner James K. Scholl Yes Commissioner David Rice Yes o BOARD OF COUNTY COMMISSIONERS 4a e N MADOK, Clerk OF MONROE COUNTY, FLORIDA y. w� y. As Deputy Clerk Holly Merrill Raschein, Mayor Pro Tem MONROE COUNTY ATTORNEY'S OFFICE Approved for form and legal sufficiency Digitally signed by Robert B.Shillinger DN:cn=Robert B.Shillinger,o=B.D.C.C.of Monroe Robert B. Shillinger County,FL,ou=County Attorney,email=shillinger- ew bob@monroecounty-fl.gov,c=US Date:2023.07.19 13:26:14-04'00' fT1 Robert Shillinger, Monroe County Attorney _3 C­� CA ��