Resolution 219-2008
RESOLUTION 219 -2008
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA AMENDING RESOLUTION 185-2007
RENEWING THE AUTHORITY OF THE GROWTH
MANAGEMENT DIVISION DIRECTOR 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 PENDING RESOLUTION
OF THE INJUNCTION; MODIFYING THE
REQUEST CRITERIA.
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 prior order of March 20, 2005 (the
"FEMA Injunction"); and
WHEREAS, the Board of County Commissioners of Monroe County, Florida
makes the following findings of fact:
1. The U.S. District Court Orders referenced above have imposed severe
limitations on new construction for all but the most wealthy property owners in the
affected areas.
2. The Growth Management Division staff estimates that over 60 percent of the
applicants recently receiving RaGa allocation awards are adversely affected by the
injunction.
3. Section 9.5-122.1(f), Monroe County Code provides that a RaGa allocation
award and corresponding building permit expires after sixty (60) days from the date of
the mailing of the notice of the allocation award unless it is picked up. .
4. 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 and, once commenced, required inspections are conducted
within 180 days from the last required inspection.
Page I of3
5. An unknown number of these 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.
6. It is uncertain how long the Court ordered injunction on issuance of flood
insurance under the National Flood Insurance Program will continue; however, it is
certain to have an adverse impact on those applicants who require this insurance to
construct new homes.
7. At the Board of County Commissioners' October 19, 2005, regularly
scheduled meeting, the Growth Management Division staff received conceptual approval
to prepare a resolution that will authorize the Growth Management Division to toll the
permit l!ime limits for those applicants with ROGO allocation awards and other permit
holders who are unable to proceed with the financing and construction of their residential
projects.
8. At the Board of County Commissioners' November 16, 2005 scheduled
meeting, the Board passed Resolution No. 420-2005, directing the Growth Management
Director to toll time limit requirements for obtaining a building permit or 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 pending resolution of same or 180 days whichever comes first. This resolution
was extended by Resolution 166-2006 by the BOCC on April 19, 2006 and again by
Resolution 185-2007 on May 16, 2007.
9. The Growth Management Division staff has prepared this resolution to renew
the authority for the Growth Management Director to begin tolling of time limit
requirements for building permits and permit inspections following a written request
from the property owner, until termination of the injunction.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Growth Management Division Director or his designee is authorized
and directed to toll the time limits of Section 9.5-122.1(f) and Section 6-20, Monroe
County Code for any applicant receiving a ROGO allocation award or building permit
that meets the following criteria:
I) 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 or building permit provides a
written request to the Building Department for the tolling of an application
based on the property being subject to the federal flood insurance
injunction (subject to staff verification).
Page 2 of3
Section 2. The applicable ROGO allocation award or building permit that meets the
criteria in Section I above will be tolled by the Growth Management Division Director
for an additional 180 days after expiration of Resolution No. 420-2005 or until the FEMA
Injunction is stayed or lifted, whichever comes first.
PASSED AND ADOPTED by the Board of County Commissioners of Momoe County,
Florida, at a regularly scheduled meeting of said Board held on the 16th day of July, 200g.
Mayor Mario DiGennaro Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Dixie Spehar Yes
Commissioner George Nugent Yes
Commissioner Sylvia Murphy Yes
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By
Mayor Mario DiGennaro
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