Item K11
BOARD OF COUNTY COMMISSIONERS
AGENDA TTRM SUMMARY
Meeting Date:
IT an 1 6 /1 7. /. 00 /.
_. Division: BOCC
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Bulk Item:
No
x
Department: DiRtrict Five
AGENDA ITEM WORDING: Discussion of the status of negotiations with FEMA
and proposed solutions to address the ongoing problem with downstairs
enclosures.
ITEM BACKGROUND: FEMA passed a final rule in 1996 requiring inspection of
all homes to ascertain if there was an illegal enclosure. Failure to obtain
an inspection would result in cancellation of the property owners windstorm
insurance. Monroe County suspended the program in January 2001 until an
aagreement could be reached with FEMA regarding affordable housing.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH
YEAR
APPROVED
DIVISION
BY: County Attorney OMB/Purchasing Risk Mgt.
DIRECTOR APPROVAL, a.A~-:Z C-.. ~
_ NET,S_lJPr
DOCUMENTATION: Included:
To Follow:
Not Required:
DISPOSITION:
AGENDA TTRM #
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O. OUNTYofMONROE
, KEY WEST ~ J:LORIDA 33040
(305) 294-4641
Murray E. Nelson
Commissioner, District Five
Damaron Building, Suite II
99198 Overseas Highway
Key Largo, FL 33037
PHONE (305) 852-7175
FAX (305) 852-7162
Email: boccdis5@mai1.state.fl.us
December 28, 2001
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BOARD OF COUNTY COMMISSIONERS
MA YOR Charles 'SOlmy' McCoy, District 3
Mayor Pro-Tem Dixie Spehar, Districll
George Neugent, District 2
Nora Williams, District 4
Murray NeIson, District 5
Mr. Michael Brown
Acting Deputy Director
Federal Emergency Management Agency
500 C Street SW
Washington, D.C. 20472
Dear Mr. Brown:
I would like to bring you up-to-date with Monroe County's ongoing negotiations with
FEMA. As of this date, we have letters of support from all the mayors of the Monroe
cities, all of the Chambers of Commerce, the Florida House of Representatives, the
Florida Senate, DCA Secretary Steve Seibert and Representative Peter Deutsch's office.
A meeting was held in Washington with you, Representative Sorensen, Steve Seibert,
Fritz I-Iirst, and me, to discuss the various issues regarding downstairs enclosures. It was
at this meeting that it was decided that FEMA would look at the situation and get back to
us.
I was called by Secretary Steve Seibert in early August, and was told that FEMA's big
concern was what the enforcement had been on the homes in the last four years. FEMA
is very concerned that Monroe County will do in the next 25 years, what they have
allowed in the past 25 years. I was asked to call you to set up a meeting in September.
Unfortunately, the September 11 national tragedy postponed our meeting.
At that time, I also requested from Tim McGarry, Director of our Growth Management
Division, a list of all the action that has been taken to ensure that no additional downstairs
enclosures have been created during the last four years.
At a meeting held in my office on September lllh with Tim McGarry, Rhonda Norman
(Code Enforcement Director) and Diane Bair (FEMA), we discussed the following items:
1. Use the insurance inspection program on homes less than four years old.
Michael Brown
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December 28, 2001
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2. Let all downstairs enclosures older than four years register with the county as
non-conforming, and remove an'y'downstairs enclosures that are damaged
more than 50% during a storm. These units would be required to pay a
$2,000 registration fee and post a sign in the downstairs enclosure that states
that the unit could not be used! as a living area during a storm.
3. All new owners of buildings with downstairs parking and storage, who want
solid walls, must sign a covenant that goes with the property that allows for
annual inspections for the life of the home.
4. Use registration fees to pay for legal costs incurred bringing non-compliant
homes into compliance.
5. Use Monroe County ordinances (see attached) to insure that people who did
not register as non-conforming, would be brought into compliance in future
years.
6. All future home sales would require a notification to the new buyer that
explains county code ramifications prior to closing.
7. Institute a roving inspector on Saturday and Sunday to stop unpermited work.
These are some of the main topics that I planned to discuss at our next meeting
with you and FEMA representatives. Please read over attachments #1-6 with
supporting documents. Thank you for your help in this matter.
Yours truly,
Murray Nelson
District 5 Commissioner
Attachments
c: Governor Jeb Bush
FEMA Director Joseph Allbaugh
Representative Ken Sorensen
Representative Peter Deutsch
Senator Bill Nelson
Senator Bob Graham
Monroe County Administrator Jim Roberts
Christopher Lehman
Stephanie Kopelousos
DCA Secretary Steven Seibert
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THE PROBLEM - MONROE COUNTY ORDINANCE 02-1974
Areas throughout the Keys were set at arbitrary heights in 1975
without basis, setting the tone for non-compliance.
THE SOLUTION
All areas of the Florida Keys should be treated as a SFHA and
minimum heights should be set by realistic flood maps.
(2)
THE PROBLEM
Monroe County is cUlTently short 3,000 affordable housing units, and
does not have the economic ability to constnlCt more than 100 units of
affordable housing per year. Should the County begin the process of
removing downstairs enclosures as required, the County would have a
declining number of affordable housing units each year. This would create a
economic hardship to the working class of people in Monroe County and
would result in the de facto depopulation of Monroe County by reducing the
number of affordable units available.
THE SOLUTION
Limit enforcement to R.V. and trailer parks that represent the highest
level of sub-standard housing in Monroe County and pose the highest risk to
occupants during a storm. These housing units also represent the structures
that will not survive a storm, and will create the major burden on County,
State and Federal agencies to provide housing after a hurricane.
Downstairs enclosures would be removed if they sustained 50% or
more damage, thereby removing the downstairs enclosures with the highest
risk factor over a longer period of time.
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(3)
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TH:E PROBLEM
People using areas below base flood for living areas are subject to
higher risks from floods and will create a high block of homeless people
after a storm.
THE SOLUTION
People living in downstairs enclosures below B.F.E. are at less risk
than people in a single level dwelling two inches above B.F.E., because they
have an upstairs enclosure to evacuate to in the event of a flood.
In the history of the Florida Keys, there is no documentation that post-
firm downstairs enclosures have sustained abnormal damage and have
continued to provide safe housing after a storm passes.
(4)
THE PROBLEM
Judge Payne's nlling limits enforcement on non-conforming
downstairs enclosures taxed as livable area to the last four years.
THE SOLUTION
Use every means available to the County including the FEMA
inspection rule on homes of less than four years to stop the cycle of creating
new downstairs enclosures.
This can be accomplished in the following manner.
(1) Limit CBS construction of below B.F.E. to 300 square feet for
stairwells only. All other enclosures must be of the lattice type
that would allow visual inspection of the interior from the outside
of the building. All storage areas must be accessory buildings.
(2) Structures requiring downstairs parking and storage by the owners
must submit a covenant running with the home, that an annual
inspection be allowed by the County for the life of the home of the
downstairs parking, and storage area.
(3) Monroe County with financial help from FEMA will begin
inspections of all homes, trailers, R.V., and other residential uses
permitted in the last four years, using four special building
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inspectors hired by the County for that specific purpose. This
special program would sunset in four years of inception.
(4) Every sale ofa home in M~nroe County must have an affidavit
that states that the buyer has been informed of the ramifications of
the county code and flood elevation requirements.
(5)
THE PROBLEM
Monroe County has over 4,000 downstairs enclosures that are located
below B.F.E. and are being used for living areas.
Removing these units would have a bigger impact on the local
housing and economy than any hurricane that has ever hit the Florida Keys.
THE SOLUTION
Allow the owners of these downstairs enclosures over four years old
to obtain a non-conforming status. To achieve this status, they would be
required to meet the following:
(1) Install flood vents to stop the possibility of hydro static pressure on
existing walls
(2) Post a sign on the inside of the downstairs front door requiring the
evacuation of the premise within 24 hours of a named storm
(3) Pay a $2,000 fee to Monroe County that would be kept in a separate
account and could be used only to enforce FEMA flood reguh~.tions.
(4) Homeowner would remove the downstairs enclosure if it ever suffered
50% or more damage as determined by Monroe County
(6)
THE PROBLEM
Since 1978, Monroe County has paid $191,229,016 in flood insurance
premiums. In the same period of time, we only received $41,892,852 in
flood paid claims. Of the $41,892,852 paid out, $40,864,381 were paid out
for Hurricane G,eorges. Eighty percent of the $40,864,381 was paid out to
pre-firm structures and the remaining was paid to conforming post-firm
structures.
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THE SOLUTION
As downstairs enclosures did ilpt create any flood losses during
Hurricane Georges and 336 ground level pre-firm structures generated
$33,514,281 in losses, it is apparent that the non-conforming downstairs
enclosures are not the problem in Monroe Comity.
It is also obvious that the residents of Monroe County are paying more
than their fair share of flood premiums, 456% more than claims since 1978.
(documents attached)
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ORDINANCE NO. 2-'1974
"
AN ORDINANCE AMENDING ORDINANCE NO. 2-1973 ENTITLED "AN
ORDINANCE PERTAINING TO THE ADOPTION OF PLAT FILING RULES
AND REGULATIONS SEITING FORTH PURPOSE, INTENT, AUTHORITY,
AND JURISDICTION; DEFINITIOli:S, GENERAL REQUIREMENTS,
PROCEDURE FOR PLAT APPR:OVAL, PLATS AND DATA
REQUIREMENTS, DESIGN STANDARDS, REQUIRED IMPROVEMENTS,
VARIANCES, LEGAL STATUS PROVISIONS OF SAID RULES AND
REGULATIONS, AND PROVIDING AN EFFECTIVE DATE" BY
CHANGING THE MINIMUM CROWN ELEVATIONS OF ROADS OR
STREETS AND THE MINIMUM FLOOR EVELA nONS OF STRUCTURES
IN SECTION 1, PARAGRAPH 1.18 OF ARTICLE VI OF SAID ORDINANCE
AND BY CHANGING THE ELEVATIONS IN LANDS SUBJECT TO
FREQUENT FLOODING AND BEING TOPOGRAPHICALLY
UNSUITABLE FOR PLAITING PURPOSES IN SECTION 10, PARAGRAPH
10.2 OF ARTICLE VI OF SAID ORDINANCE; REPEALING ALL SPECIAL
LAWS, ORDINANCES, RESOLUTIONS, RULES AND REGULATIONS IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
Section 1.
Article YI, Section 1, Paragraph 1.18 of the Plat Filing Rules and Regulations
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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
within all of Monroe County, Florida, except within the municipalities located within said County as
adopted by Ordinance No. 2-1973, is hereby amended t~ read as follows:
Paragraph 1.18
North and East of the Seven Mile Bridge, the minimum crown elevation of
the road or street shall be not less than +3.5 msl and South and West of the Seven Mile Bridge not less
than +4.0 ms!. The minimum floor elevations for any structure shall be as follows. From Stock Island
though Big Pine Key +8.0 msl; from No Name Key through Fat Deer Key +9.0 msl; from Crawl Key to
the Middle of ChannelS Bridge U.S. Highway 1 + 1 0.0 msl; fr0111 Craig Key through Islamorada + 11.0
111sl; and from Windley Key to the Dade County Line + 12.0 msI. V- V-
Section 2.
Article VI, Section 10, Paragraph 10.2 of the Plat Filing Rules and Regulations
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within all of Monroe County, Florida, except within the municipalities located within said County as
adopted by Ordinance No. 2-1973, is hereby amended to read as follows:
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Paragraph 10.2
Land subject to frequent flooding and land deemed' to be topographically
unsuitable shall not be platted for residential occupancy or for' any other uses that may increase flood
hazard, endanger health, life or property, or aggravated erosion. Such land within the plat
( G)
County of Monroe'
Growth ManllCcmrnt Divi~i()f\
;2.7911 Oversens HighWllY
Suite 400
Mamthon, Florid4 33050
Voice: (305) 289-2500 ,
FAX: (305) 289-2536
Boord of Count)' ComlJl,iniol)cu
lvUlYOT Gcwge Neugent, Dist. 2
MAyor Pro Tan Nora WillilUlU, Di,t. 4
Corom.. Charie, "Sonny" McCoy, DiM. 3
Comm. Murray Nelson, Dist. 5
Corom. Dixie; Spchnr, Dist. I
TO:
Commissioner Murray Nelson
FROM:
Dianne Bair, Floodplain Administrator
DATE:
June 7, 2001
RE:
Monroe County Insurance Stntistics
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This infonnation was received January 9, 2001 from Susan Wilson, Mitigation Specialist, FEMA
Region IV office in Atlanta Ga.
Annual premiums paid ~ ~ ~~(J...r d-COD
Total amount of coverage / ~oOO
Total claims paid from 1978 ,To f(-e.~e~ t
Total flood LO!lse~ from 1978 .+of're.~n,+
Substantially damaged structures
66~b 0\ tv"Io(e.) 'htUiL-tpbQ'
c.(.e.rt\D L\-shed.. 4.- t"e. (-;::x......tl+
$16,881,263.00,
$3,989,521,700.00
, $41,891,852.00
7,352
::., '336: - 5 fDu-ncl, \~u~,l) ~+;=-i;(~
According to Lynn Magle of the National Flood Insurance Program the amount of premiums paid
are available on a yearly basis only unless requested from the Bureau of Statistical Data upon
written request. I have submitted that request arid will forward it to you upon receipL
Total flood losses prior to hurricane Georges
Total claims paid prior to Georges
Total claims paid after Hurricnne Georges
Total flood losses after Hurricane Georges
fL-OOD
TotnVpolicies in force as of 6/5/200 1
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517 - 1 q '78 +0 ~:;2 5) l Q'18
$1,028,471.00
$40,864,381.00
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6,835
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, 28,801'
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613'.:1157471 NFIP REGION IV TAMPA
I\lA TIONAL FLOOD IN~UHANC;I: P.HU<.:iKAM
BUREAU AND STATISTICAL AGENT
MONROE COUNTY, FLORIDA PREMIUM IN FORCE REPORT
PC RepORT: SR!l78BQ , As of Dale 03131/2001
PAGE 02/02
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08/00&001
County Nm
Policy Yr
Premium
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MONROE COUNTY
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1978 '\,
$1,276,257
MONROE COUNTY
1Q79
$1,513,063
MONROE COUNTY
1980
$1,621,207
MONROE COUNTY
1981
$2,637,602
MONROE COUNTY
1982
$4,147,172
MONROE COUNTY
1983
$4.339,812
MONROE COUNTY
1964
$4,638.634
MONROE COUNTY
1985
$4,975,008
MONROE COUNTY
1986
$5,836.864
MONRO~ COUNTY
1981
$6,823.222
MONROE COUNTY
1908
$7,527,658
MONROE COUNTY
1989
$7.523,454
MONRO!: COUNTY
'1990
$7,349.419
MONROE COUNlY
1991
$7,976,590
MONROE COUNTY
1992
$8,482,369
MONROE COUNTY
1993
$9,661,493
MONROE COUNTY
1994
$10,705,430
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MONROE COUNTY
1995
$1' ,fJ70.237
MONROE COUNTY
1996
$13,210,586
MONROE COUNTY
1997
$'5.660,315
MONROE COUNTY
199B
$16,214.743
MONROE COUNTY
1999
$17.981.600
MONRO!: COUNTY
2000
:ji 17.334,20 1
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The premlum3 ohown aro a:JOOC aled wIth policies in f01"C6 M of December 31 s~ BdCh year. The premfums contain
both 1 and 3 year torms (not c.lnllllalized). The prem1ume shouldnol be added without r9QIi:zation that those
{or 3 year torm~ will be duplicated
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Commissioner Dixie Spehar
ORDI~ANCE NO 040 - 2001
AN ORDINANCE OF THE BOARD Of COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AMENDING SECTION 6-32, MONROE
COUNTY CODE, CLARIFYING THE APPUCAnON OF THE FOUR YEAR
STATUTE Of UHITAnONS, PROVIDING FOR SEVERABIUTY;
I'ROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; ANn PROVIDING AN EFPI!CTJVE
DATE
WHEREAS, the Board of County CommissIoners of Monroe County did, on July 19,
2001, pass Ordinance No. 029-2001, thereby establishing Sec, 6-32, of the Monroe
County Code; and
WHEREAS, said ordinance omitted oper~tlve language with respect to the
applicability of the four year statute of limitations; and
WHEREAS, said ordinance cited the four year statute as Section 95.1l(3)(a)
when It should have been Section 9S.1l(3)(c) or (p); and
WHEREAS, the BOCC declined tu $eek further judicial review of the opinion of the
16111 Judicial Circuit of Florida as It relates to code enforcement prosecution beyond the
four (4) year statute of limitatIon; ond
WHEREAS, the BOCC of Monroe County has determined that it is ncce...c;sary to
revIse Ordinance No, 029-2001 to dIsallow building permit Issuance only to uses and
Improvements that may be successfully prosecuted by Monroe County Code
Enforcement.
BE IT ORDAINED BY THE BOAItO OF COUNTY COMMtSSIONERS OF
MONROE COUNTY, FLORIDA~
Sectlon-1. Sec. 6-32, MCC, Is hereby amended to read:
Sec. '6-32. unlawful uses and Improvements.
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As used herein, an "unlawful use or Improvement" is any use or
Improvement, existing' on the effective date of this Ordinance, which Is
capable of Monroe County Code Enforcement prosecution. Except for
building permits that are limited exclusively to addressIng ImmInent risks to
property and public health and safety, no building permit shall be issued for
any use of Improvement involving all or any portion of a parcel (as defined
In section 9.5-4 (P-l), Monroe County Code) which contains an unlawful use
or improvement until the parcel is brought Into compliance with the
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provisions of Chapter 9.5, Monroe County Code. By way of illustration and
not limitation, permits may be issued for repairs and replacement of roof
and other building structural components to the extent necessary to
address Imminent risks to property damage and public safety and health,
such as for, but not limited to, the repaIr of leaking roofs and damaged
roofs, walls, foundation; and vIolations of buildIng, electrical, mechanical,
and electrical codes. Any such permit shall contain a provision requiring
compliance with the provisions of Chapter 9.5 of the Monroe County Code
by a date specified in said permIt.
Section 2. If any section, subsection, sentence, clause or provision of this
ordinance is held Invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 3. All ordinances or p<)rt;s of ordinances In conmet with this ordinance
are hereby repealed to the extent of saId conflict.
~ion 4. The provIsions of thJs ordinance shall be Included and incorporated In
the Code of Ordinances of the County of Monroe, Florida. as an addition or amendment
thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section S. This ordinance shall take effect Immediately upon receipt of official
notice from the Office of the Secretary of State of the State of Florida ~hat this ordlnance
has been filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 20lh dlSY of November,
2001.
Mayor MCCoy
mIssioner Spehar
ssloner Nelson
loner Neugent
oner Wil1lams
yes
yes
yes
yes
no
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, F ORIDA
~
By
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0} To ensure that potential home buyers are notified that the property Is in a floodplain area.
',...-.. The board of county commissioners deem n In the best interest of its citizens that prudent
measures be taken to minimize the'P,Otentlal public and private loss due to flooding. It Is the
intent of the board of county commiSsioners that the county at all times be eligible for, and
receive, the benefit of participation in the National Flood Insurance Program. It is therefore
the intent of the board that the provisions of this division be strictly adhered to in all areas of
special 11000 hazard Within the Jurisdiction of unincorporated Monroe County.
Section 4. Section 9.5-316 is reorganized into Section 9.5-316.1 and 9.5-316.2 with amended language
to read 8S follows:
V Section 9.6-316.1 General Provisions.
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(8) Applicability: No structure or manufactured home hereafter shall be located, extended,
converted or structurally altered without full compliance with the terms of this division in
addltion to other applicable regulalions of this chapter.
(b) Adoption of Maps: The areas of special flood hazard identified by the Federal
Emergency Management Agency (FEMA) in its Flood Insurance Study and Wave Height
Analysis for Monroe County, Flortd8, Unincorporated Areas, dated October 17,1989. or the
most current official maps approved by FEMA, with accompanying maps and other
supporting data, and any revisions thereof, arc adopted by reference and declared to be a
part of this division, and Shall be kePt on file. available to the public, in the offices of the
county planning development.
(c) Rules for Interpreting Flood Hazard Issues: The boundaries of the flood hazard areas
shown on the official flood insurance rate maps may be detennlned by scaling distances.
Required interpretations of those maps for precise locations of such boundaries shall be
made by the Floodplain Administrator. In consultation with the building official. In interpreting
other provisions of this division, the building official shall be guided by the current edition of
FEMA's<< CFR, and FEMA's interpretive letters, policy statements and technical bulletins as
adopted by resolution from time to time by the board of county commissioners. Additionally,
the building official shall also obtain, review and reasonably utilize any base flood elevation
and f100dway data available from a federal, state or other source, 8S criteria for requiring that
new construction. substantial improvements, and other developments meet the criteria
required in the appropriate flood zone.
Where the phmse .substantlallmprovement" appears in this division, it shall have the
meaning .any repair, reconstruction, rehabilitation, or other improvement of a structure, the
cost of which equals or exceeds 50% of the maiXet value of the structure either. (a) before
the improvement or repair Is started, or (b) if the stf\lcture has been damaged, and is being
restored, before the damage occurred.
For the purpose of this division. "market value" shall be the Monroe County Property
Appraiser's depreciated value of the structure plus twenty (20) percent. The use of a cost
approach appraisal for determinatlon of market value may be used. if such cost approach
appraisal is prepared by a certified professional and such cost approach appraisal is
submitted to and approved by the Construction Board of Adjustment and Appeals. Such
individuals shall be required to possess certification as State Certified Residential Appmisers ,
Floodplain Amendments
Page 3 of 13 .
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