Loading...
Resolution 152-2003 RESOLUTION 152_2003 A RESOLUTION AMENDING RESOLUTION NO. 187-2002 OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A REVISED 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. 187-2002 on April 17, 2002, approving a revised remedial plan for submittal to the Federal Emergency Management Administration (FEMA), called the "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, as required in revised implementation plan, the County through the offices of State Representative Ken Sorenson, requested, but was unable to obtain any relief from the Florida Legislature to amend provisions of the Florida Statutes barring the County from directly bringing non-compliant downstairs enclosures with non-compliant improvements of more than four-years old into compliance; and, WHEREAS, the Growth Management Division staff prepared draft amendments to the County's floodplain regulations in accordance with the implementation plan; and, WHEREAS, significant legal and political concerns regarding the proposed amendments to the existing floodplain regulations were raised during the public hearing process, particularly requirements for the imposition of restrictive covenants to allow County compliance inspections; and, WHEREAS, the Board of County Commissioners tabled the adoption of the proposed amendments and directed the County Growth Management Division staff in coordination with the Commission's FEMA Liaison and County Attorney to prepare an alternative approach that meets FEMA's concerns about the enforceability of the County's floodplain regulations; and, WHEREAS, a County delegation headed by the Commission's FEMA Liaison met with FEMA Region IV officials on March 18,2003, and received tentative approval from FEMA for the County's alternative proposal; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. The BOCC hereby amends Resolution No. 187-2002, by replacing Exhibit 1, "Implementation Plan for the Monroe County Flood Insurance Inspection and Compliance Program", with a new Exhibit 1 which is attached hereto, Section 2. The County Administrator is directed to expeditiously transmit this Resolution and attached exhibit to the Region IV Office of FEMA. C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\resolutionimplan2,doc Section 3. The Growth Management Division staff is directed to prepare new amendments to the County's floodplain regulations based on Exhibit 1 and re-initiate the process for consideration of these text amendments starting with the Planning Commission. PASSED AND ADOPTED Board of County Commissioners of Monroe County at a regular meeting of said Board held on the 16th day of April, A.D" 2003. Mayor Dixie Spehar Mayor Pro Tern Murray Nelson Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice y~s yP~ yes yes yes , .', l. ' ,"_ (SEAL) ~~'/:~ .." A TTEST;-...,l),@iiY:KKolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY:~C! mu)J~ Deputy Clerk By: L)ja >n ~hc.u Mayor/Chairman -.J ...."0. C;;;) """r1 0 c" = -- "l~ ,....., r ...~ .. 3("'):' :x fTl ,- ):".. CJ r"1::o;; -c; ('""). : I """r1 0 r 0"\ 0 ,-- :':0 ~-:: :t'i;;;: ~. ;=? -0 ::t1 -<()~ - .. :-i.....L.. 1"Ti -.,' )> C) (":""'. C) r d, )> 1-'"' (",) ......., ............ ..........! CJ C:\Documents and Settings\kkc\Local Settings\Temporary Internet Files\OLK6\resolutionimplan2.doc EXHIBIT 1 REVISED 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 (FEMAlNFIP). o In June, 2002, the County Growth Management Division staff began submitting monthly to FEMAlNFIP, the names and addresses of approximately-50 owners (policy holders) of structures with possible conflicts with violations of the County's floodplain regulations. The compiled lists are being sent to FEMA1. starting with the newest structures working back through to the oldest structures. o 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. [As of March 21, 2003, the County staff has conducted 54 inspections, identified 27 structures with code conflicts and brought 7 structures into compliance with the floodplain regulations.] o As an element of the inspection program, the County staff is collecting and recording the amount and number of flood insurance claims submitted for each inspected structure to be supplemented by data produced from County required inspections and property tax records. [This information will be used for calibrating and updating the flood damage model and to assist underwriters in setting insurance rates for structures with downstairs enclosures.] Florida Keys Flood Damage Model At the County's request, FEMA had its engineering consultant complete an evaluation of the validity and accuracy of the existing Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Monroe County and found them to be technically valid and accurate. As more updated information becomes available from the County's Flood Insurance Inspection program, compliance inspections, and the property tax records, FEMA is requested to use this information in the recalculation of insurance risk assessments and rates. c: \ TEMP\revisedremedialfinal4 ,doc Page 1 of5 Remediation of Non-conforming Structures Including Those Older than Four Years o As agreed upon in its initial Implementation Plan for the Flood Insurance Inspection and Compliance Program, Monroe County through State Representative Ken Sorenson did attempt to seek legislative relief from the statute of limitations barring code enforcement prosecution of violations of the County's floodplain regulations more than four years old; however, the County was rebuffed by the Legislature's General Counsel and Director of Bill Drafting, For the foreseeable future the statute of limitations is not going to be modified by an act of the Florida Legislature. As such, any structures with unpermitted improvements of more than four years old are considered by judicial ruling to be "defacto" non-conforming. Therefore, any efforts on the County's part to bring these non-conforming structures into compliance must be consistent with provisions of Section 95.11 (3), Florida Statutes. o The County's inspection program includes of all post-FIRM structures, even those structures with unpermitted improvements more than four-years old. The County Commission and its Growth Management Division staff believe that a significant percentage of structures with unpermitted, non-conforming below base flood elevation improvements will voluntarily come into compliance through this multi- year flood insurance inspection program, As these structures with potential unpermitted improvements that conflict with the floodplain regulations are identified by the County staff through the flood insurance inspection program, the County will provide a list to FEMA of those structures. If the owners of these structures refuse the inspection, their insurance may not be renewed by their insurer. The property owner of any structure inspected by the County that is determined to have an unpermitted improvement will have six months, if the violation is more than four years old, or two months, if the improvement is less than four years old, to obtain a permit to bring the structure into compliance. If the owner of a property with an identified conflict with the code chooses not to obtain the permit by the deadline established above, or obtains the permit but no approved final inspection occurs within 60 days after issuance of the permit, the County will pursue one of the following actions as applicable: I) 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 Act if the structure is not brought into compliance. c:\ TEMP\revisedremedialfinal4,doc Page 2 of5 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. o In situations where an unpermitted improved downstairs enclosure is found to be occupied by a very low to moderate income household during the Flood Insurance Inspection and Compliance Program, the County will provide the opportunity for the property owner to apply for additional compliance time in accordance with the FEMA approved "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 Enclosures Used for Affordable Housing" adopted by Board of County Commissioners' Resolution #397-2002. Actions to Ensure No New Additional Non-conforming Structures o Although the County is currently limited by the four-year statute of limitations as to code enforcement action, the County through its County Growth Management Division will implement the following actions, consistent with the Florida Statutes, to ensure that any new conflicts with the floodplain regulations are resolved in a timely manner and do not become subject to the four-year statute of limitations barring code enforcement prosecution: 1) Amend 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 or prior to the issuance of a building permit for any structural alteration or expansion of the elevated portion of the structure; and to provide that such inspections required prior to the transfer of 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; however, if the unpermitted improvement is less than four years old, it may be subject to code enforcement action (see No.5). The sole intent of this inspection is to provide information for recording and monitoring improvements to downstairs enclosures subject to the County's floodplain regulations. This inspection is not intended to be used to identify or preosecute any other unpermitted improvements that are not subject to the floodplain regulations. ] 2) Amend the existing floodplain regulations to specifically require that the issuance of any permit to a downstairs enclosure, other than a demolition permit or a permit to remedy a life safety hazard, be contingent upon c: \ TEMP\revisedremedialtinal4 .doc Page 3 of5 bringing the downstairs enclosure into compliance with the floodplain regulations. 3) Amend 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 increased structural damage, 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 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 that is less than four years old, 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, if the violation is less than four years old, or if older than four years, through a Section 1316 declaration. 7) Amend the 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 Inspection and Compliance Program by June 2004, and if necessary, develop and implement further c:\ TEMP\revisedremedialfmaI4.doc Page 4 of 5 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 over a six year period. c:\ TEMP\revisedremedialfmaI4.doc Page 5 of5