Resolution 397-2002
RESOLUTION 397 -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 approves 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
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housing for eligible households displaced or to be displaced under the Flood Insurance
Inspection Program.
Section 4: The BOCC establishes a policy that any affordable housing
development receiving any County financial support or provided other incentives such as
ROGO allocations or nutrient reduction credits should give 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 of FEMA.
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 Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner Murray Nelson
Commissioner George Neugent
yes
yes
yes
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yes
BOARD OF COUN Y COMMISSIONERS OF
MONROECOUN FLORIDA
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Depu Clerk
By:
Mayor/Chairman
APPROVED AS TO FORM
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Attorney's Office
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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 received 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 Division 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 Division staff will review
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
provide 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.
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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 hislher 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 give 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 violation chooses not to obtain the demolition permit
by the deadline established above, or obtains the demolition permit but no
approved 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 violation 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 Division will submit a
formal letter to FEMA requesting a one-year extension for the owner of the
property from the compliance deadline. When approved by FEMA, the property
owner's insurance will be renewed for another year, before the structure must be
brought into compliance.
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