Resolution 185-2007
RESOLUTION NO. 185 - 2007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AMENDING RESOLUTION NO. 420-2005 TO ALLOW THE
GROWTH MANAGEMENT DIVISION DIRECTOR TO CONTINUE TO TOLL
THE TIME LIMIT REQUIREMENTS FOR OBTAINING A BUILDING PERMIT
OR REQUIRED PERMIT INSPECTIONS FOR PROPERTIES ADVERSELY
IMPACTED BY THE COURT ORDERED PERMANENT INJUNCTION ON THE
ISSUANCE OF NEW FLOOD INSURANCE POLICIES UNDER THE NATIONAL
FLOOD INSURANCE PROGRAM UNTIL THE INJUNCTION IS STAYED OR
LIFTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES INCONSISTENT HEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the U. S. District Court for the Southern District of Florida entered a permanent
injunction preventing the Federal Emergency Management Agency ("FEMA") from issuing flood insurance
policies for residential and commercial development commenced after September 9, 2005, until such time
as U. S. Fish and Wildlife Service has demonstrated compliance with that Court's order of March 20,
2005; and
WHEREAS, Section 9.5-122.I(g), Monroe County Code dictates that the ROGO allocation award
and corresponding building permit expire within sixty (60) days of notification from the date of the mailing
of the allocation award; and
WHEREAS, the Florida Building Code and Section 6-20, Monroe County Code provides that
permits shall become null and void unless work authorized by the permit is commenced within 180 days or
required inspections are conducted within 180 days from the last required inspection; and
WHEREAS, an unknown number of applicants receiving a ROGO allocation award or permit
holders may be financially unable to proceed with the financing and construction of their homes without
federally backed flood insurance; and
WHEREAS, on the 16th day of November, 2005, the Board of County Commissioners approved
Resolution No. 420-2005 which states:
Section 1. The Grawth Management Director or his designee is
authorized to toll the time limits of Section 9.5-122.1(g) and Section 6-
20, Monroe County Code for any applicant receiving a ROGO
allocation award or building permit holder that meets the follawing
criteria:
1). The property, which is the subject of the ROGO allocation
award or building permit, is on the list of parcels subject to the Court
ordered injunction for new flood insurance; and
2) The holder of the ROGO allocation award of building permit
shall provide written proof to the Building Department of the denial of
either an application for flood insurance for the subject property or
denial of financing by a lender due to the inability to obtain flood
insurance.
1
"Section 2. The applicable ROGO allocation award of building permit meets
all the criteria in Section 1 above may be tolledfor a maximum of 180 days or
until the i,yunction is stayed or lifted, whichever comes first. "
WHEREAS, the permanent injunction preventing the Federal Emergency Management Agency
("FEMA") from issuing flood insurance policies for residential and commercial development commenced
after September 9,2005, has not yet been lifted; and
WHEREAS, it is still necessary to toll the time limits of Section 9.5-122.I(g) and Section 6-20,
Monroe County Code for any applicant receiving a ROGO allocation award or building permit holder that
meets the criteria set forth in Section I. of Resolution No. 420-2005 until the injunction has been lifted;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
I. That Section 2. be amended to read:
Section 2. The applicable ROGO allocation award or building permit that
meets all criteria in Section I above may be tolled until the injunction is stayed
or lifted.
2. This Resolution shall be effective retroactive to May 15, 2006 and will remain
in effect until the injunction is stayed or lifted.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regularly scheduled meeting of said Board held on the 16th day of May, 2007.
Mayor Mario DiGennaro Yes
Mayor Pro Tem Dixie Spehar Absent
Commissioner George Neugent Yes
Commissioner Charles "Sonny" McCoy Yes
Commissioner Sylvia Murphy Yes
(SEAL)
....,
:J:: Cl :s
$ ~ --a
:OC"'l:'~ ~
or~ %
r'''A-- .
~~ n ~-- +:-
::?O2 :J:III
;1~~ ~
--" p ..
r~ 1-" 0
BOARD OF COUNTY COMMISslfiNERS .....
OF MONROE COUNTY, FLORIDA
By: ~~~rson
MONROE COUNTY ATTORNEY
AlPPR D A '1"0 F?RM:
SUSAN . GRIMSLEY
ASSISTANT _ NTY ATTORNEY
Date "> - 3-0'/
2
-11
r=
\-"
o
-'1
o
;.:.0
::;::;l
f7-1
n
<::)
:;;:1
o