Loading...
Item L5 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18, 2002 Division: Growth Management Bulk Item: Yes No X Department: N/ A AGENDA ITEM WORDING: Approyal of a resolution adopting a plan and procedures for authorizing a time extension for liable non-compliant structures used for affordable housing from the compliance deadline under the County's Flood Insurance Inspection Program. ITEM BACKGROUND: An element of the Implementation Plan for the Monroe County Flood Insurance Inspection and Compliance Program approyed by the BOCC on April 17, 2002, is the establishment of a plan and procedures for proyiding additional time to come into compliance with the floodplain regulations for those non-compliant structures used for affordable housing. The Implementation Plan calls for the submittal of a plan and procedures to the Federal Emergency Management Agency by September 30,2002. The staff has prepared a recommended plan and process utilizing the County's Special Master for code enforcement for authorizing a one-year extension of the compliance deadline where it is determined the non-compliant downstairs below base flood enclosure is used for affordable housing. If the non-compliant structure is deemed eligible by the Special Master based on documentation proyided, the County staff will submit a letter to FEMA requesting a one-year extension for the owner of the property from the compliance deadline. When approyed by FEMA, the property owner's insurance will be renewed for another year, before the structure must come into compliance. PREVIOUS RELEVANT BOCC ACTION: Adopted Resolution #187-2002 on April 17, 2002 approying Monroe County Flood Insurance Inspection and Compliance Program. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approyal TOTAL COST: -$8,000-10,000/year BUDGETED: Yes X No COST TO COUNTY: -$8,000-10,000/year REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty X OMB/Purchasing N/A / Risk Management _N/A_ ----::- ,I {\ ( \.4 1, f/ q~.~cP j V V DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM # L 5 DISPOSITION: County of Monroe Growth Mana~ernent Division 2798 Overseas Highway Suite 410 Marathon, Florida 33050 Voice: (305) 289 2500 FAX: (305) 2892536 Board of County Commissioners Mayor Charles "Sonny" McCoy, Dist. 3 Mayor Pro Tern Dixie M. Spehar, Dist. I Comm. Bert Jimenez, District 4 Comm. Murray Nelson, District 5 Cornrn. George Neugent, District 2 MEMORANDUM TO: Board of County Commissioners FROM: Timothy J. McGarry, AICP /l#\ Director of Growth Man~edt DATE: August 29,2002 SUBJECT: Plan and Procedures for Extension of Compliance Deadline for Structures with Affordable Housing under the Flood Insurance Inspection Program Overyiew The Board of County Commissioners is requested to consider adopting the attached recommended resolution prepared by the Growth Management Diyision staff, which establishes a plan and administrative procedures to allow eligible dwelling units in non-compliant below base flood enclosures used as affordable housing additional time to come into compliance under the Flood Insurance Inspection Program. Background In its recommendations to the Board of County Commissioners, the Monroe County Affordable Housing Joint Task Force raised significant concerns about the potential loss of the County's affordable housing pool through the implementation of the County's Flood Insurance Inspection Program. Although the number of such affordable housing units at risk is unknown, the issue is of importance since the County has a documented lack of replacement affordable housing for any households to be displaced by the Flood Insurance Inspection Program. The issue is of sufficient importance to the Florida Department of Community Affairs (DCA) that it enter into Chapter 380 agreement with the County to provide 90 RaGa exempt units up-front as replacement housing for affordable units to be lost through the Flood Insurance Inspection Program. An element of the "Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program", approved by the Board of County Commissioners and the U.S. Federal Emergency Management Agency (FEMA), is the establishment of a plan and administrative J :\DOCUMENT\Floodplain\displacement.doc procedures for providing additional time to come into compliance for those non-compliant structures with below base flood enclosures occupied by very low to moderate income households as defined under the Monroe County Code. In approying the County's implementation plan, FEMA recognized the difficulty in finding suitable replacement housing for the County's most at risk population. Plan and Procedures The proposed plan establishes eligibility requirements, procedures, and a process utilizing the County's Special Master proceedings to specifically address non-compliant properties without imposing fines (for properties with yiolations less than four years old) or requiring the County to submit a declaration for denial of the property owner's insurance to FEMA pursuant to Section 1316 of the National Flood Insurance Act. The relief provided to eligible property owners meeting the criteria would be the granting of an additional year to bring their non-compliant structures into compliance. This extension would allow more time for households to be displaced under the Flood Insurance Inspection Program to find suitable replacement housing. The staff recommends that the time extension be no longer than a year and that no further extensions be provided. This limitation recognizes that only 600 structures per year will be inspected starting with the newest structures. Therefore, most older structures with yiolations will haye a long lead time, since it will take six years to complete all necessary inspections. The proposed use of the Special Master in this process accomplishes two important objectiyes. First, it ensures that each case is presented and acted upon in a public forum in accordance with intent of the Flood Insurance Inspection Program eliminating concerns that the process is just another way to avoid or delay compliance. Second, it allows property owners the opportunity to fairly present their cases to the Special Master in a public, which remoyes the County staff from haying to make decisions where the eligibility of the property owner may not be clear cut. The major components of the plan are outlined in Exhibit One to the attached proposed adopting resolution. The proposed resolution also directs the staff to work closely with the Housing Authority to provide relocation assistance to households being displaced and reaffirms a BOCC policy incorporated in its resolution for the Tradewinds housing project that when County funds or other incentives are provided for affordable housing, these developments should give some preference or priority to households displaced by the Flood Insurance Inspection Program. Recommendation The staff recommends adoption of the proposed Resolution with attachment Exhibit One. Attachments J :\DOCUMENT\Floodplain\displacement.doc RESOLUTION -2002 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ADOPTING A PLAN AND PROCEDURES FOR AUTHORIZING A TIME EXTENSION FOR ELIGIBLE NON-COMPLIANT STRUCTURES USED FOR AFFORDABLE HOUSING FROM THE COMPLIANCE DEADLINE UNDER THE COUNTY'S FLOOD INSURANCE INSPECTION PROGRAM WHEREAS, the Board of County Commissioners (BOCC) adopted on April 17, 2002, Resolution #187-2002, approving a revised implementation plan required by the Federal Emergency Management Agency; and, WHEREAS, the Federal Emergency Management Agency (FEMA) has approved the revised implementation plan; and, WHEREAS, an element of the revised implementation plan calls for the County to prepare by no later than September 30, 2002, a plan and procedures for FEMA's approval providing additional time to come into compliance for those non-compliant structures with below base flood enclosures occupied by moderate and lower income households; and, WHEREAS, this element of the County's Flood Insurance Inspection Program recognizes the difficulty in finding suitable replacement housing for the County's most at-risk population and is an attempt to mitigate the adverse impacts of this program on these vulnerable households and the County's existing affordable housing stock; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that Section 1: The BOCC hereby approyes the "Plan and Procedures for Allowing an Extension from Compliance Deadlines under the Monroe County Flood Insurance Inspection Program for Eligible Non-compliant Below Base Flood Structures Used for Affordable Housing", which is hereby attached as Exhibit One. Section 2: The Special Master is directed to work with the County Growth Management Division in the implementation of this Plan as outlined in Exhibit One. Section 3: The County Administrator and staff are directed to work with Monroe County Housing Authority to provide assistance in finding and securing replacement Page 1 of 2 C: \ WI N NT\Profiles\gardner -colleen\ Temporary Internet Files\Content.1 E5\G P6NG L2J\resolution extension. 091802. doc ----..- housing for eligible households displaced or to be displaced under the Flood Insurance Inspection Program. Section 4: The BOCe establishes a policy that any affordable housing development receiving any County financial support or provided other incentives such as RaGa allocations or nutrient reduction credits should giye preference or priority to County households displaced by the Flood Insurance Inspection Program. Section 5: The County Administrator is directed to expeditiously transmit this Resolution and attached exhibit to Region IV office ofFEMA PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 18th of September, A. D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Conunissioner Bert Jilnenez Commissioner Murray Nelson C01l1l11issioner George Neugent (SEAL) ATI'EST: Danny K. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor/Chairman Deputy Clerk APPROVED AS TO FORM ~ AttDrtlSY'S Offioe BY Page 2 of 2 C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\resolution extension.091802.doc EXHIBIT ONE PLAN AND PROCEDURES FOR ALLOWING AN EXTENSION FROM COMPLIANCE DEADLINES UNDER THE MONROE COUNTY FLOOD INSURANCE INSPECTION PROGRAM FOR ELIGIBLE NON-COMPLIANT BELOW BASE FLOOD ELEVATION STRUCTURES USED FOR AFFORDABLE HOUSING A. Eligibility Requirements: In order to be eligible for consideration, the property owner will have to provide evidence documenting the following: 1, The non-compliant below base flood elevation (BFE) downstairs enclosure is a separate dwelling living unites) from the above base flood elevation portion of the dwelling, as defined by the Monroe County Code and a 1998 Memorandum of Understanding with DCA. 2. The non-compliant below BFE downstairs enclosure has been continually occupied full-time as a principal residence for at least the past six months by a household with an annual household income of not more than $66,120. 3. The subject structure receiyed an inspection by the Monroe County Growth Management Division staff under the Flood Insurance Inspection Program and was found in violation of the floodplain ordinance. B. Application for Relief Upon receipt of notification from the County that a property owner's inspected structure is in violation of the County floodplain regulations, the property owner will have thirty (30) days to submit a complete application to the Growth Management Diyision requesting consideration for relief by the Special Master from the compliance deadlines of the Flood Insurance Inspection Program. No fee will be charged for this application. Should this application deadline not be met, that property owner loses any eligibility or right to be considered for this limited extension of the required compliance deadline. C. Application Review: The County Growth Management Diyision staff will reyiew the application to determine its completeness. If deemed complete, the application will be scheduled for a hearing before the Special Master and the staff will proyide the Special Master with a recommended determination that the applicant is either eligible or ineligible. If deemed incomplete, the applicant will be notified and given ten (10) additional days to submit a revised, complete application to the Division. If a complete application is not submitted by the end of this ten (10) day period, the property owner loses any eligibility or right to be considered for this limited extension of the compliance deadline. \ \G MD0059\tim\DOCUMENT\Floodplain \affordable-exhibitone.doc D. Special Master Proceeding: The application requesting the extension from the compliance deadline of the Flood Insurance Inspection Program will be placed before the Special Master at a hearing. In cases where the staff has not determined the property owner is eligible or is unable to make such determination, the property owner will have the opportunity to provide additional information or testimony to support his/her case before the Special Master. If the property owner's structure is deemed eligible, the property owner will be given up to one additional year to bring the structure into compliance from the date of his ruling. To be eligible for the extension of the compliance deadline, all three eligibility criteria in A. above must be met. If the subject property is deemed not eligible for the extension of the compliance deadline, the Special Master will giye the property owner sixty (60) days to obtain a demolition permit to bring the structure into compliance. If the owner of a property with an identified yiolation chooses not to obtain the demolition permit by the deadline established above, or obtains the demolition permit but no approyed final inspection occurs within sixty (60) days after issuance of the demolition permit, the County will pursue one of the following actions as applicable: 1. If the violation is less than four-years old, the County will expeditiously pursue code enforcement action and will formally submit a declaration for denial of the property owner's insurance to FEMA pursuant to Section 1316 of the National Flood Insurance if the structure is not brought into compliance. 2. If the yiolation is beyond the four-year statute of limitations, the County will submit a declaration for denial of the property owner's insurance to FEMA pursuant to Section 1316 of the National Flood Insurance Act. E. Formal Request to FEMA: Upon the written finding of the Special Master that the property owner's structure is eligible for the one-year extension of the compliance deadline, the County Growth Management Diyision will submit a formal letter to FEMA requesting a one-year extension for the owner of the property from the compliance deadline. When approyed by FEMA, the property owner's insurance will be renewed for another year, before the structure must be brought into compliance. \ \GMD0059\tim\DOCUMENT\Floodplain\affordable-exhibitone.doc