Resolution 445-1987
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Commissioner John Stormont
RESOLUTION NO. 445 -1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY SIGNIFYING INTENT TO
COMPLY TO LETTER OF INTENT TO PLACE ON
PROBATION.
WHEREAS, it is desirable that l-1onroe County continue to
benefit from the provisions of the Federal Emergency Management
Agency Floodplain Management Program, and
WHEREAS, it was the intent of Monroe County, by adoption of
Ordinance 004-1986, to comply with floodplain management criteria
embodied in the FEMA Floodplain Management Program, and
WHEREAS, it is not the intent of Monroe County to subject
its residents to deprivations and penalties imposed under pro-
bation or suspension from the National Flood Insurance Program,
and
WHEREAS, it is desirable, for the health, safety, welfare
and economic well-being of the residents of Monroe County, that
the Monroe County Board of County Commissioners direct appropri-
ate County officials and departments to comply with the require-
ments of Monroe County Ordinance 004-1986 and applicable 44 CFR
criteria,
BE IT HEREBY RESOLVED THAT,
Section 1. The Monroe County Commission shall not knowingly
issue variances which do not meet FEMA and County variance
criteria.
Section 2. The Monroe County Building Department is hereby
directed to research and review all variances previously issued,
where construction has not yet commenced, and to bring to the
attention of the County Commission for reconsideration such
variances not in accordance with appropriate criteria.
Section 3. The Building Department is directed to submit to
the Federal Emergency Management Agency office, Region IV, on a
monthly basis, a floodplain management variance report.
Section 4. For those eight structures listed in B.t of the
October 29, 1987 Letter of Intent to Place on Probation, the
Building Department is directed to obtain individual certifica-
tion from a professional engineer, that fill material and other
obstruction will wash away by tidal surge or wave action.
If certificate cannot be obtained, the matter shall be
referred to the Code Enforcement Official for proper action.
The Building Department is further directed not to permit
fill materials to be held in place by retaining walls below
structure which will not wash away by tidal surge or wave action.
Section 5. The County Administrator is to require appropri-
ate personnel to inspect structures listed in A.3 of the above
referenced Letter of Intent to Place on Probation, for compli-
ance. The violation shall be referred to the Code Enforcement
Official for proper action.
The Building Department is further directed to
prior to issuance of Certificate of Occupancy, any
below Base Flood Elevation to determine compliance with the
County's Flood Ordinance.
Any enclosure found not to be in compliance with appropriate
permits and the County Flood Ordinance shall be required to be
brought into compliance by removal or reconstruction.
The Building Department is further directed to bring before
appropriate Boards for action, any contractors having constructed
such structures in violation of applicable permits and variance
conditions.
Section 6. The Building Department is henceforth directed
that no Certificate of Occupancy shall be granted without receiv-
ing, as part of the permit file, an "as-built" elevation certi-
fication on any structure for which variances have been issued.
Section 7. Prior to February 29, 1988, the Building Depart-
ment shall identify all manufactured home parks, mobile home
parks, and mobile home subdivisions, as defined by Florida
Statutes, used for the placement of manufactured homes or mobile
homes, as identified in County and/or State records as being
"mobile home parks", "mobile home" subdivisions, those subdi-
visions for which mobile home variances were granted prior to
June 1, 1977, all regardless of prior zonings, and all RU-5 and
RU-5P zoning districts (per Ordinance 1-1973 ss 1 (Art. X,
inspect,
enclosure
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ss 8) (Art. X ss 11); Ordinance 6-1973, ss 1(G)(20-23) and (27);
Ordinance 5-1974 ss 18, 1924; Ordinance 20-1975 ss 51, 52, 55,
56; and Ordinance 3-1977 ss 25), to include date of establish-
men t .
Further, the Building Department is directed to require
elevation of replacement manufactured homes in parks established
after June 1, 1977 or those existing outside of existing iden-
tified parks/subdivisions (above) established prior to June 1,
1977.
Section 8. The Building Department is hereby directed to
develop a set of procedures, prior to February 29, 1988, to
assure that recreational vehicle parks in DR-RV districts do not
allow permanent structures without complying with the appropriate
NFIP floodplain management criteria, to include a systematic code
enforcement inspection program.
Section 9. The Building Official is hereby directed to
utilize market value as the basis for determining substantial
improvement, rather than square footage.
Section 10. The Building Department is hereby required to
inspect, prior to issuance of Certificate of Occupancy, any
construction determined to be less than substantial improvement,
for which variance to floodplain management criteria is issued,
to determine that the improvement was constructed in accordance
with applicable permits, and to require conformance by removal or
reconstruction if found to have been constructed not in accor-
dance with applicable permits.
The Building Department is further directed to conduct an
inspection and certification, prior to issuance of Certificate of
Occupancy, for any construction or reconstruction for which flood
variance is granted, certifying that such construction complies
with conditions of the variance. Certificate of Occupancy shall
be withheld until any deficiencies which are found are corrected
by removal or reconstruction to applicable permit and variance
conditions.
The Building Department is further directed to bring before
appropriate Boards for action, any contractors having constructed
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such structures in violation of applicable permits and variance
conditions.
Section 11. A copy of this Resolution of Intent to Comply
with actions one through ten of the FEMA, October 29, 1987 Intent
to Place on Probation Letter shall be sent to Maj or P. May,
Regional Director, FEMA, Region IV, Hon. Thomas G. Pelham,
Secretary of the Department of Community Affairs, and Glenn C.
Woodard, Chief Natural and Technological Hazards Division, FEMA,
Region IV.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, at a regular meeting of said Board held on the
17th day of November, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~'I k
By~~ ~
M or Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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