HomeMy WebLinkAboutJ. Growth Management
# 1 - 1316 Declaration
Process Jln1endrnent
O~~~O~~~E r-.-- BOARD OF COUNTY COMMISSIONERS
Mayor SyMa J. Murphy, District 5
Mayor Pro Tern Heather Camrthers, Dlsbict 3
Kim WigIngton, Disbict 1
George Neugent, Disbict 2
(3ll!) 294-4641 Mario Di Gennaro, D1sbict 4
Mayor Sylvia J Murphy
Nelson Govt. & Cultural Ctr.t Ste. 234
102050 Overseas Highway
Key Largot FL 33037
Phone 305-453-8787
Cell 305-797-0088
EmaB: boccdis5I4lmonroecountv-fl.2oV
June 16t 2010
Brad G. Lo8I't CFM, Director
Mitigation Division
US Department of Homeland Security Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341
Dear Mr. Loar:
As you know, Monroe County is examining alternatives for enforcement of the Inspection Procedure for
Monroe County, Florida under the Pilot Program.
Based on a meeting with your office on May 6, 201 Ot we are requesting to use the 1316 declaration
process at the beginning mther than the end of code enforcement. Under ~ 1316 of the National Flood
Insurance Act (now at 42 USCA ~ 4023 and 44 CFR 73.3), a property that is in violation of a local or state
floodplain law can be declared ineligible for flood insurance. Some local jurisdictions report great
success in gaining compliance by using the 1316 letter prior to initiation oflocal code enforcement. We
are not proposing to eliminate local code enforcement. Attached is summary of our current process and a
summary of our proposed change utilizing the 1316 letter after we inspect a propertyt but prior to local
code enforcement proceedings.
Please give us written authorization/direction on this proposed change and if approved, we will proceed in
changing our local process.
Sincerely,
Sylvia Murphy, Mayor
Monroe County Board of County Commissioners
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#2 - 7 Year Amortization
(Grace Period)
Prom Section 6-107
Inspection upon
Building Permit
O~~~o~~~E (~---- BOARD OF COUNTY COMMISSIONERS
Mayor SylvIa J. Murphy, Dlsbict 5
Mayor Pro Tern Heather Carruthers, Dlsbict 3
Kim Wigington, D1sbict 1
George Neugent, Disbict 2
(305) 294-4641 Mario DI Gennaro, Dlsb1ct 4
Mayor Sylvia J Murphy
Nelson Govt. & Cultural Ctr., Ste. 234
102050 Overseas Highway
Key Largo, FL 33037
Phone 305-453-8787
Cell 305-797-0088
Emall: boccdis5Cilmonroecountv-fl.l!ov
June 16, 2010
Bmd O. Loar, CFM, Director
Mitigation Division
US Department of Homeland Security Region IV
3003 Chamblee Tucker Road
Atlanta, OA 30341
Dear Mr. Loar:
As you know, Monroe County is examining alternatives for enforcement of the Inspection Procedure for
Monroe County, Florida under the Pilot Progmm.
Based on a meeting with your office on May 6, 2010, we are requesting preliminary authorization to
modify Section 6-107 of the Monroe County Code to offer residents who seek a building permit, thus
triggering a FEMA inspection, a period of 7 years to retire the enclosure. See attachment. The grace
period would be granted upon the owner signing an agreement to remove the enclosure by the end of the
grace period. Local contmctors have advised the County that legal construction work is not being done
with permits because owners are reluctant to pull a permit if they know they'll lose their enclosure. This
has led to unlicensed contractors doing work or homeowners doing it themselves, both without permits,
which raises safety concerns.
If FEMA agrees to this preliminary concept, our ordinance will be processed through amendment hearings
of our Board of County Commissioners and we will continue to coordinate with FEMA through this
process.
Please give us written authorization/direction on this proposed change and if approved, we will proceed in
changing our local ordinance.
Sincerely,
Sylvia Murphy, Mayor
Monroe County Board of County Commissioners
Summary of Current Process for Illegal Downstairs Enclosures Under
Ordinance Section 6-107 with Proposed Alternative of Providing a 7 year
Amortization Period (grace period) for Property Owners Found in
Violation under Section 6-107
I. Summary of Current Process for Illegal Downstairs Enclosures:
1. Homeowner asks for building permit and must submit property record card with
application.
2. Staff reviews property record card to determine if living area exists in downstairs, then
writes letter to property owner notifying them of need for inspection.
3. Property Owner calls for inspection.
4. Perform inspection.
5. If not in compliance with floodplain management ordinances, owners are notified of
required remedies.
6. If permit that was applied for originally was for something irrelevant to the downstairs
enclosures (e.g. roof, fence, etc.), permit is issued after inspection of downstairs area.
7. If not in compliance, and no remedy is made for downstairs enclosure in time period
given (3-6 months dependent upon severity of violation [plumbing/electric requires
permitting so longer time period given), violation is referred to Code Enforcement.
8. Code Enforcement sends NOV (explaining violation, suggested solutions, and who to
contact to remedy) and sets hearing before Special Magistrate
9. Special Magistrate hears case
a. If finds that property is not in compliance:
i. Gives new compliance date
ii. Sets fines starting day after compliance date
iii. Property owner has 30 days to initiate appeal process
b. If finds that property is in compliance case is dismissed.
II. Summary of Proposed Alternate to 6-107 (7 Year or Prior to Sale or
At Time of Flood Event (whichever occurs first) - Amortization
Program for Illegal Downstairs Enclosures
1. Homeowner asks for building permit and must submit property record card with
application.
2. Staff reviews property record card to determine if living area exists in downstairs, then
write letter to property owner notifying them of need for inspection.
3. Property Owner calls for inspection.
4. Perform Inspection.
5. If not in compliance with floodplain management ordinances, owners are notified of
required remedies.
6. If permit that was applied for originally was for something irrelevant to the downstairs
enclosures (e.g. roof, fence, etc.), permit is issued after inspection of downstairs area.
7. If not in compliance, and no remedy is made for downstairs enclosure in time period
given (3-6 months dependent upon severity of violation [plumbing/electric requires
Board of County Commissioners (BOCC) Version - 6-16-10 Page 1 of3
Summary of Current Process for Illegal Downstairs Enclosures Under
Ordinance Section 6-107 with Proposed Alternative of Providing a 7 year
Amortization Period (grace period) for Property Owners Found in
Violation under Section 6-107
permitting so longer time period given), violation is referred to Code Enforcement and is
processed as shown above OR
8. Alternate to 6-107 (7 Year or Prior to Sale or At Time of Flood Event
(whichever occurs first) - Amortization Program for Illegal
Downstairs Enclosures is offered as follows:
9. Propertv owner is given a one-time offer to enter into an agreement with the County.
which obligates the owner(s) or their assigns to the following agreement with
conditions:
a. They may keep the illegal downstairs enclosure until the first of the following
events:
L 7 years or
ii. Sale of property; or
Iii. a flood event;
b. Conditions: The propertY owner enters into an agreement whereby they:
i. admit the violation
ii. waive the right of appeal
iiL agree to amount of fine if they do not complv
iv bring property in full compliance within 7 years with fines accruing, but
staved unless on the 2556t.' day they are not in compliance
v. Fines forgiven if full compliance bv compliance date (day 2555)
vi. Annual Fee: PropertY Owners subiect to $500 per year fee paid annually
on anniversary of date of agreement. If not paid in full within 30 days of
due date, compliance is accelerated and exercise remedies with all fees
paid to date to County forfeited
10. Agreement shall be recorded within County land records so potential future buyers will
be aware of commitment of compliance and are on notice of violations existing at site
and written agreement to complv. In addition. as-built certification of unoermitted
construction shall be reauired from architect/engineer, which is a certificate of building
code compliance. in lieu of a building permit to ensure safety of the potential
occupants, This as built certification shall assure compliance with the current building
code (except elevation), based on the date of the signing of the agreement.
ChallenRes:
1. Difficulty with enforcement if no compliance at the end of 7 years.
2. Potential for compliant enclosures to be rendered noncompliant (conversion from
garage/storage to an apartment and collecting rent for 7 years)
3. Multifamily dwellings in single family zoning is a violation of the zoning code or potential
vacation rental violation may exist
Board of County Commissioners (BOCC) Version - 6-16-10 Page 2 of3
Summary of Current Process for Illegal Downstairs Enclosures Under
Ordinance Section 6-107 with Proposed Alternative of Providing a 7 year
Amortization Period (grace period) for Property Owners Found in
Violation under Section 6-107
4. Additional dwelling units require a ROGO allocation, as well as paying impact fees
5. Additional living space requires Department of Health approval (inadequate septic
systems for a duplex as opposed to an SFR)
6. Enclosures in VE zones are in extremely hazardous areas
7. Homesteaded properties must be correctly taxed if not a single family residence(duplex
homesteaders don't get full exemption)
8. Negative community reaction; objections from citizens who
1. have already demolished their enclosures
2. have other violations which will not be given 7 years to comply.
3. object to any violations of code, especially those which tend to promote an
increase in noise, traffic, and/or density in their neighborhood
9. Adopting this proposed amendment to our ordinance may delay the County's
restoration to good standing even after the Pilot Program is completed, there may be no
way to get back into Community Rating System (CRS) with this amortization program.
When Monroe County was ranked #8 by the CRS program property owners received a
10% discount on their flood insurance. Because of severe violations within the County,
the ranking was eliminated and therefore discounts discontinued.
10. If there is an actual flood, FEMA (taxpayers at large) will have a much higher cost for
debris removal than if enclosures are required to be made compliant in a shorter time.
Board of County Commissioners (BOCC) Version - 6-16-l 0 Page 3 of3