Resolution 440-2011 RESOLUTION 440 -2011
A RESOLUTION AMENDING EXHIBIT 1 OF RESOLUTION NO. 152 -2003 OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A 2011 IMPLEMENTATION
PLAN FOR THE FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM FOR
SUBMITTAL TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY
WHEREAS, the Board of County Commissioners ("BOCC ") adopted Resolution No. 152 -2003 on
April 16, 2003, approving a revised remedial plan for submittal to the Federal Emergency Management
Administration (FEMA), called the "Revised Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program" to meet one of the requirements identified in a letter from FEMA's
Region IV Director, dated January 14, 2002; and,
WHEREAS, the "Revised Implementation Plan for Monroe County Flood Insurance Inspection
and Compliance Program" was subsequently approved by FEMA; and,
WHEREAS, the State of Florida Legislature adopted House Bill 407 (attached as Exhibit 2) that
has rendered Section 1 of Exhibit 1 of Resolution 152 -2003 "Actions to Ensure No New Additional
Non - conforming Structures ", concerning inspection of a downstairs enclosure prior to issuance of a
building permit unenforceable; and,
WHEREAS, Monroe County received confirmation from FEMA officials that if House Bill 407 was
passed by the Florida Legislature, FEMA would consider an alternative replacement remedial action to
continue to assure the County is working toward the elimination of illegal enclosures below base flood
elevation; and
WHEREAS, the Growth Management Division staff is preparing draft amendments to the
County's floodplain regulations in accordance with the new implementation plan;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. The BOCC hereby adopts Exhibit 1 attached hereto "2011 Implementation Plan for
Monroe County Flood Insurance Inspection and Compliance Program ".
Section 2. The County Administrator is directed to expeditiously transmit this Resolution and
attached exhibit to the Region IV Office of FEMA.
Section 3. The Growth Management Division staff is directed to prepare new amendments to the
County's floodplain regulations based on Exhibit 1 and continue the process for consideration of these
text amendments.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the 14` day of December, 2011. t
Mayor David Rice Yes ' ''
Mayor Pro Tem Kim Wigington Yes - ;,; .
•
Commissioner Heather Carruthers Yes ---r] 1
Commissioner Sylvia Murphy Yes - cwt
Commissioner George Neugent Yes -0
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•• = - • UNTY BOARD OF COUNTY COMMISSIONERS
, .,. ; A •.
I iy L. KOLHAGE, CLERK
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Deputy �, ''''. ' Clerk By Mayor Davi ice
MON • • E OUNTY ATTORNEY
i P•R• ERAS TO FOR
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Date: / viii r- /
EXHIBIT 1
2011 IMPLEMENTATION PLAN FOR THE MONROE COUNTY
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002, the Growth Management Division staff submitted a complete list
of the names and addresses of owners (policy holders provided by FEMA) of all
structures less than four years old that may contain possible violations of the County's
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
(FEMA/NFIP).
In June, 2002, the County Growth Management Division staff began submitting monthly
to FEMA/NFIP, the names and addresses of approximately -50 owners (policy holders) of
structures with possible conflicts with violations of the County's floodplain regulation. The
compiled lists are being sent to FEMA, starting with the newest structures working back
through to the oldest structures. In November, 2010, the last of the policy holders were
submitted to FEMA/NFIP and the County's Building and Code Enforcement staff is
conducting inspections and implementing the Flood Insurance Inspection and Compliance
Program as outlined in the Federal Register.
o In addition to the Floodplain Compliance program in the Federal Register, the County has
developed two additional Floodplain Compliance Programs to gain compliance with
Floodplain regulations:
1. Inspection on Transfer Program; and
2. Certificate of Compliance Program
Remediation of Non - conforming Structures Including Those Older than Four Years
There is no 4 year bar of prosecution for structures that do not meet floodplain regulations, that did not
receive permits and were constructed illegally and therefore, Monroe County shall enforce floodplain
requirements for any structure that has been constructed or improved without benefit of a permit or
approval from Monroe County to the greatest extent enforceable by law.
Actions to Ensure No New Additional Illegal Structures
o The County through its County Growth Management Division will implement the following
actions, consistent with the Florida Statutes, to ensure that any new conflicts between
the way structures were originally permitted and with the floodplain regulations are
resolved timely:
1) Inspection on Transfer of Ownership Program. Maintain the existing floodplain
regulations and appropriate sections of the County Code to require that any
residential structure having a downstairs enclosure with an opaque wall covering
have a County compliance inspection prior to transfer of property; and to provide
that such inspections required prior to the transfer of property can be conducted, at
the discretion of the property owner, by either the County staff or a registered
architect or professional engineer. [The requirement for an inspection prior to the
transfer of property does not also require that the property be brought into
compliance prior to transfer or, subsequent to transfer. The sole intent of this
inspection is to provide information for recording and monitoring improvements to
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downstairs enclosures subject to the County's floodplain regulations. This inspection
is not intended to be used to identify or prosecute any other unpermitted
improvements that are not subject to the floodplain regulations.]
2) Maintain the existing floodplain regulations to allow the expansion or structural
alteration of the elevated portion of any residential structure non - conforming with
the floodplain regulations contingent upon the following conditions as appropriate: a)
the improvement is not substantial as defined under the floodplain regulations; b) a
pre - permitting inspection is completed by the County to document the extent of the
non- conformity; and, c) if within a "V" zone, the submittal of a professional
engineer's or registered architect's sealed certification that the non - conforming
improvements to the downstairs enclosure do not subject the elevated portion of the
structure to increases structural damage.
3) Certificate of Compliance Program. Amend the existing floodplain regulations to
implement a Certificate of Compliance Program including:
a. Obtaining data from the Monroe County Property Appraiser which will
identify all single family residences which contain enclosures that are
identified as living area on the ground floor. Once this data is captured,
technical staff will deduct all the parcels that have already received
inspections via the pilot program, transfer of ownership program, or the
previously applicable inspection on building permit program, and been made
compliant.
b. The remaining property owners will be notified via mail that an inspection is
required in order to verify compliance with the Monroe County Fioodplain
Ordinance.
c. Once the owners obtain this inspection, and are compliant, they will receive
a Certificate of Compliance. This is a proactive opportunity for property
owners to receive evidence that they have a compliant structure which will
create a positive market condition. If an owner has a non - compliant
structure, they will be notified of all the required corrections to the enclosure
to become compliant with the permit authorizing the construction, OR the
violation will be forwarded to the Code Compliance Department for
prosecution.
d. Once a property is compliant, the County will provide a non - conversion
agreement (with a corresponding drawing attached) to be signed by the
property owner and recorded by the county in the County land records so
buyers of properties understand what has been approved for areas below
base flood elevation.
e. This non - conversion agreement will provide protection to future buyers
through title work. Every two years an updated potential ground floor
enclosure list will be reviewed, and any changes to the Property Record that
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indicate illegal construction below base flood elevation will go through the
inspection process outlined above again.
f. The County may also consider obtaining a list of all properties that have
transferred ownership and any such property that failed to obtain the
required inspection will be contacted for inspection.
g. New construction that contains any type of below base flood elevation
enclosure, will be required to record a "Notice of Non - Conversion" to the
property, which should alleviate this problem in the future.
4) Conduct required inspections of downstairs enclosures as stipulated in Actions #1 -
#3 above.
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulations, for properties developed after the Flood Insurance Rate Maps
were implemented, through code enforcement and the normal permitting process,
including prosecution of owners of structures, where property tax records and /or
evidence from inspections provide probable cause of a violation.
6) Request that FEMA provide the County with a "Submit to Rate" for any applications
for new flood insurance policies on previously uninsured properties with a possible
violation, so that the County may pursue compliance under code enforcement
proceedings, or through a Section 1316 declaration.
7) Maintain existing floodplain regulations to only allow enclosing with opaque materials
of downstairs enclosures of 299 square feet or less in area.
8) Request the Monroe County Appraiser to provide the County Growth Management
Division with an annual update by residential property owner from the County
property tax records of the changes in the habitable floor area of downstairs
enclosures, if feasible and practical.
9) Identify and compile for Monroe County's flood insurance inspection and compliance
program a list of all structures that fail to come into compliance and submit a
quarterly progress report to FEMA beginning July, 2003.
10) Evaluate Monroe County's Flood Insurance Inspections and Compliance Program by
July 1, 2012, and if necessary, develop and implement further remedial actions with
FEMA's approval, to ensure enforcement of the County's floodplain regulations.
The County Growth Management Division staff has the sufficient resources to implement the above
program.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS/FIB/107 2011 Legislature
1 A bill to be entitled
2 An act relating to residential building permits; amending
3 s. 553.79, F.S.; prohibiting local enforcing agencies and
4 building code officials or entities from requiring certain
5 inspections of buildings, structures, or real property as
6 a condition of issuance of certain residential building
7 permits; providing for application; providing for
8 conditional repeal; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
1 2 Section 1. Subsection (17) is added to section 553.79,
13 Florida Statutes, to read:
14 553.79 Permits; applications; issuance; inspections. -
15 (17)(a) A local enforcing agency, and any local building
16 code administrator, inspector, or other official or entity, may
17 not require as a condition of issuance of a one- or two - family
18 residential building permit the inspection of any portion of a
19 building, structure, or real property that is not directly
20 impacted by the construction, erection, alteration,
21 modification, repair, or demolition of the building, structure,
22 or real property for which the permit is sought.
23 (b) This subsection does not apply to a building permit
24 sought for:
25 1. A substantial improvement as defined in s. 161.54 or as
26 defined in the Florida Building Code.
27 2. A change of occupancy as defined in the Florida
28 Building Code.
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ENROLLED
CS /HB 407 2011 Legislature
29 3. A conversion from residential to nonresidential or
30 mixed use pursuant to s. 553.507(2)(a) or as defined in the
31 Florida Building Code.
32 4. An historic building as defined in the Florida Building
33 Code.
34 (c) This subsection does not prohibit a local enforcing
35 agency, or any local building code administrator, inspector, or
36 other official or entity, from:
37 1. Citing any violation inadvertently observed in plain
38 view during the ordinary course of an inspection conducted in
39 accordance with the prohibition in paragraph (a).
40 2. Inspecting a physically nonadjacent portion of a
41 building, structure, or real property that is directly impacted
42 by the construction, erection, alteration, modification, repair,
43 or demolition of the building, structure, or real property for
44 which the permit is sought in accordance with the prohibition in
45 paragraph (a).
46 3. Inspecting any portion of a building, structure, or
47 real property for which the owner or other person having control
48 of the building, structure, or real property has voluntarily
49 consented to the inspection of that portion of the building,
50 structure, or real property in accordance with the prohibition
51 in paragraph (a).
52 4. Inspecting any portion of a building, structure, or
53 real property pursuant to an inspection warrant issued in
54 accordance with ss. 933.20- 933.30.
55 (d) This subsection is repealed upon receipt by the
56 Secretary of State of the written certification by the chair of
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ENROLLED
CS/HB 407
2011 Legislature
57 the Florida Building Commission that the commission has adopted
58 an amendment to the Florida Building Code which substantially
59 incorporates this subsection, including the prohibition in
60 paragraph (a), as part of the code and such amendment has taken
61 effect.
62 Section 2. This act shall take effect July 1, 2012.
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