Item M5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 20 , 2002
Division:
Growth Management
Bulk Item: Yes No X
Department:
N/A
AGENDA ITEM WORDING: A resolution approving an implementation plan for the Monroe County floodplain
insurance inspection and compliance program for submittal to the Federal Emergency Management Agency.
ITEM BACKGROUND: In a January 14, 2002, letter from the Region IV Director of the Federal Emergency
Management Agency to Mayor McCoy, the County was notified that it needed to take the following actions: 1)
approve resolution committing to implementation of flood insurance inspection program; 2) begin implementation of
the pilot inspection procedure by March 14, 2002, by sending FEMA a list of those structures with potential
violations starting with those structures less than four years old; 3) submit an implementation plan to FEMA by no
later than April 11, 2002, that addresses compliance issues with enclosures more than four years old; and, 4) obtain
approval from FEMA of the implementation plan by no later than May 9,2002.
The BaCC adopted Resolution #80-2002 to that addressed the first required action. The Growth Management
Division will begin submitting list of possible violations to FEMA by March 14, 2002, that will address the second
action
Resolution #80-2002 directed the Growth Management Division staff working with the County Attorney to prepare
an implementation plan for the BaCC's consideration responding to the third action required by FEMA. The Growth
Management Division staff has prepared a preliminary draft implementation plan, which has been sent under separate
cover to Commission members.
As previously communicated to the BaCC, on March 12, 2002, the County Attorney and Growth Management
Division staff met with Mayor McCoy and Commissioner Nelson in an advertised meeting under Florida's Sunshine
Law to discuss the preliminary draft document and the County's response. At that meeting, staff was directed to
submit its proposed draft with a couple of minor revisions to the BaCC for its consideration.
PREVIOUS RELEVANT BOCC ACTION: Adopted Resolution #80-2002 on February 13, 2002 committing to
implementation of the flood insurance inspection program.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING:
Yes N/A No
AMOUNT PER MONTH N/A Year
APPROVED BY:
County Atty
X
~B,~~k Management_N/A_
- Ti ot yj.McG rr ,AICP
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # /?2r
,
RESOLUTION
-2002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY APPROVING AN IMPLEMENTATION PLAN FOR
FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM
FOR SUBMITTAL TO TIlE FEDERAL EMERGENCY MANAGEMENT
AGENCY
WHEREAS, the Board of County Commissioners ("BOCC") adopted Resolution #80-
2002 on February 13, 2002, committing to the implementation of a pilot flood insurance
inspection program designed to assist the County in the identification and remediation of
buildings non-compliant with floodplain regulations; and,
WHEREAS, in Resolution #80-2002, the BOCC also directed the Growth Management
Division ("GMD'), with the assistance of the Office of the County Attorney, to prepare and
submit for its consideration a remedial plan for the flood insurance inspection program required
to be submitted to the Federal Emergency Management Agency ("FEMA") by no later than April
11, 2002; and,
WHEREAS, the GMD staff with the assistance of the Office of the County Attorney has
prepared a remedial plan, called the "Implementation Plan for Monroe County Flood Insurance
Inspection and Compliance Program" that meets the objectives established by the BOCC in
Resolution #80-2002; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA that:
Section 1, The BOCC hereby approves the prepared Flood Insurance Inspection and
Compliance Implementation Plan, which is hereby attached as Exhibit 1.
Section 2, The County Administrator is directed to expeditiously transmit this Resolution
and attached exhibit to the Region IV Office of FEMA.
PASSED AND ADOPTED Board of County Commissioners of Monroe County at a
regular meeting of said Board held on the 20th day of March, 2002.
Mayor Charles 'Sonny' McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Nora Williams
Commissioner Murray Nelson
(SEAL)
ATTEST: Danny K. Kolhage, Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
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EXHIBIT 1
IMPLEMENT ATION PLAN FOR
MONROE COUNTY
FLOOD INSURANCE INSPECTION AND
COMPLIANCE PROGRAM
Flood Insurance Inspection Program
o Prior to March 14, 2002, the Growth Management Division staff will submit a
complete list of up to 200 names and addresses of owners (policy holders
provided by FEMA) of all structures less than four years old to the Federal
Emergency Flood Insurance and Mitigation Division (FEMA/NFIP) that may
contain possible violations of the County's floodplain regulations.
o Starting in June, 2002, the County Growth Management Division staff will submit
per quarter to FEMA/NFIP, the names and addresses of approximately 150
owners (policy holders) of structures with possible violations of the County's
floodplain regulations. The lists to be compiled and sent to FEMA will start with
the newest structures working back through to the oldest structures.
o As the first requests for inspections from property owners come forward after
notification by their insurance companies, the County's Building and Code
Enforcement staff will begin inspections and implement the downstairs enclosure
compliance program as outlined in the Federal Register. [It is anticipated that
actual inspections will not begin until October, 2002, which would mean that
under the inspection program, the first group of unpermitted enclosures and
improvements would not be brought into compliance occur until mid-2003.]
Florida Keys Flood Damage Model
To assist Monroe County in its efforts to bring non-compliant buildings into
compliance with its floodplain regulations, the Monroe County Commission is requesting
that FEMA create or cause to create a Florida Keys flood damage model based on Florida
Keys topography, historical records, and actual flood damage sustained, post-FIRM by
Florida Keys structures. It is anticipated that such a study could be completed in 2003,
which would allow the County's floodplain compliance program to be modified, if
approved by FEMA, based on the results of the damage model.
Remediation of Non-compliant Structures Older than Four Years
o The Board of County Commissioners will request its delegation to the Florida
Legislature to address the four-year statute of limitations on code enforcement
prosecution of violations of the County's floodplain regulations.
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o The County Commission and its Growth Management Division staff believe that
a significant percentage of structures more than four years old with unpermitted,
non-compliant below base flood elevation improvements will voluntarily come
into compliance through the multi-year flood insurance inspection program.
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 to ensure new or existing structures
with downstairs enclosures become and remain compliant with its floodplain
regulations:
l) Amend the existing floodplain regulations to require as a condition of its
building permit that any new dwelling with an opaque below base flood
enclosure have a restrictive covenant allowing the County to inspect the
structure on a periodic basis to ensure compliance with County floodplain
regulations. [Amendments to the floodplain regulations will be in effect
by no later than July, 2002.]
2) Require any structure found to be non-compliant during the flood
insurance inspection program or code enforcement action have a
restrictive covenant similar as that required for new construction proposed
in l) above, if an opaque below base flood enclosure is to be retained as a
permit condition to bring the structure into compliance. [This requirement
will be implemented through the above amendments to the floodplain
regulations. ]
3) 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 more
than four years old, where property tax records and/or evidence from site
visits provide probable cause of a violation that is less than four years old.
4) Prepare for FEMA's apfJroval by no later than September 30, 2002, a plan
and administrative procedures, as part of the County flood insurance
inspection program, for providing additional time to come into compliance
for those non-compliant structures with below base flood enclosures
occupied by very low to moderate income households, as defined under
the Monroe County Code. [This proposal recognizes the difficulty in
finding suitable replacement housing for the County's most at-risk
population a.,d would help mitigate the adverse impacts on these
households :md.,the County's affordable housing stock.]
5) 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.
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6) Evaluate Monroe County's flood insurance inspection and compliance
program by June 2004, 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 over a six year period,
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