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Item K14 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 17,2002 Division: Growth Management Bulk Item: Yes X No Department: N/ A AGENDA ITEM WORDING: Approval of a resolution amending Resolution # 115-2002 in order to revise the Implementation Plan for Monroe County Flood Insurance and Inspection Program. ITEM BACKGROUND: On March 20, 2002, the Board of County Commissioners adopted Resolution # 115- 2002 in response to a January 14, 2002, letter from the Region IV Director of the Federal Emergency Management Agency (FEMA) to Mayor McCoy to submit an implementation adopted by the BOCC as Exhibit 1 to Resolution # 115-2002, the FEMA Region IV Director communicated to Mayor McCoy in a letter dated April 2, 2002, that the adopted implementation plan was deemed inadequate, The FEMA Region IV Director's letter requested that the County clarify its position and provide a revised and more detailed implementation plan for the buildings more than four years old to be submitted by no later than April 11, 2002. FEMA has since agreed to postpone that for submittal of the revised implementation until after the April 17, 2002, BOCC meeting, In consultation with FEMA staff, the Growth Management Division has prepared a revised implementation plan, shown in Exhibit 1 of the enclosed resolution, that addresses in detail the concerns raised by FEMA over the application of Section 1316 of the National Flood Insurance Act and adding additional buildings to the list of non-compliant structures. Except as noted in the staff's report, the revised implementation plan provides in written detail what the staff discussed with the BOCC at the March 20th meeting. Revisions to the original Exhibit 1 ("Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program") are shown in an underline and strike-out format. PREVIOUS RELEVANT BOCC ACTION: Adopted Resolution #80-2002 on February 13, 2002 committing to implementation of pilot floor insurance program; and adopted Resolution #115-2002 on March 20, 2002, approving an Implementation Plan for Flood Insurance Inspection and Compliance Program. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes N/A No AMOUNT PER MONTH N/ A Year APPROVED BY: County Atty X Risk Management _ N/ A_ DIVISION DIRECTOR APPROVAL: ICP DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM #~ DISPOSITION: RESOLUTION -2002 A RESOLUTION AMENDING RESOLUTION NO. 115-2002 OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A REVISED IMPLEMENT A TION 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. 115-2002 on March 20, 2002, approving a 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 N Director, dated January 14,2002; and, WHEREAS, FEMA Region N office has responded to the remedial plan approved by the BOCC in a letter dated April 2, 2002, which requests that the County revise the plan to provide more detail on how the County will address structures more than four-years old in the inspection program; WHEREAS, the Growth Management Division staff, in consultation with FEMA Region N staff, has prepared a revised remedial plan that addresses the need for further clarification and detail requested by FEMA; and, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that: Section 1. The BOCC hereby amends Resolution No. 115-2002, by replacing Exhibit 1, "Implementation Plan for Monroe County Flood Insurance and Inspection and Compliance Program", with a new Exhibit 1 which is hereby attached. Section 2. The County Administrator is directed to expeditiously transmit this Resolution and attached exhibit to the Region N office ofFEMA. PASSED AND ADOPTED Board of County Commissioners of Monroe County at a regular meeting of said Board held on the 17111 day of April, A.D., 2002. Mayor Charles 'Sonny' McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Nora Williams Commissioner Murray Nelson (SEAL) A ITEST: Danny K. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman C: \DOCUMEN1\Floodplain\resolutionimplanl.doc EXHIBIT 1 IMPLEMENTATION PLAN FOR MONROE COUNTY FLOOD INSURANCE INSPECTION AND COMPLIANCE PROGRAM Flood Insurance Inspection Program o Prior to March 14, 2002, the Growth Management Division staffwHI 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 Starting in June, 2002, the County Growth Management Division staff will submit per quarter monthly to FEMAlNFIP, the names and addresses of approximately +50 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 until mid-2003.] o During the inspection program. the County staff will collect and record the amount and number of flood insurance claims submitted for each inspected structure to provide a data base for calibrating and updating any flood damage model. 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. C:\DOCUMENT\Floodplain\remedialplan3.doc Page 1 of 4 Remediation of Non-compliant Structures Including Those 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 ofthe County's floodplain regulations. o The County's inspection program will include of all post-FIRM structures. including those more than four-years old identified as having a potential violation. 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 theis multi-year flood insurance inspection program. As these structures are identified by the County staff through the flood insurance inspection program. the County will provide a list to FEMA of those structures that may have a potential violation. and which will require an inspection. If the owners of these structures refuse the inspection. their insurance will not be renewed by their insurer. The property owner of any structure inspected by the County that is determined to have a violation will have six months. if the violation is more than four years old. or two months. if the violation is less than four years old. to obtain a demolition permit to bring the structure into compliance, If the owner of a property with an identified violation chooses not to obtain the demolition permit by the deadline established above. or obtains the demolition permit but no approved final inspection occurs within 60 days after issuance of the demolition permit. the County will pursue one of the following actions as applicable: 1) If the violation is less than four-vears 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 if the structure is not brought into compliance. 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. Actions to Ensure No New Additional Non-compliant 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 to ensure new or existing strnctares with downstairs enelosl:lfes become and remain compliant with its floodplain reglilations that any new violations are brought into timely compliance and do not become subject to the four-year statute of limitations barring code enforcement prosecution: C:\DOCUMENT\Floodplain\remedialplan3 ,doc Page 2 of 4 1) 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 1) 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) Conduct inspections of dwellings with restrictive covenants to ensure compliance with the County's floodplain regulations. upon receipt of evidence establishing probable cause of a violation. or a minimum of once every four years. ~) 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. 5) 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. 4g) Prepare for FEMA's approval 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 and would help mitigate the adverse impacts on these households and the County's affordable housing stock.] ~1) Identify and compile for Monroe County's flood insurance inspection and compliance program a list of all structures that fail to come into C:\DOCUMENT\Floodplain\remedialplan3 .doc Page 3 of4 compliance and submit a quarterly progress report to FEMA beginning July, 2003. 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. C:\DOCUMENT\Floodplain\remedialplan3 ,doc Page 4 of 4 Monroe County Commission Meeting Harvey Gov. Center April 17,2002 Commissioners, for the record my name is H. T. Pontin AS FAR AS I KNOW NOW, NO ONE CAN INSPECT PRIVATE PROPERTY WITHOUT A COURT ORDER~ EVEN FEMA CAN'T TAKE THAT CONSTITUTIONAL PROPERTY RIGHT A WAY. THAT IS WHY THEY WANT YOU TO DO IT. WHY DO YOU THINK FEMA WANTS THE COUNTY COMMISSIONERS TO PASS AN ORDINANCE TAKING AWAY THAT REQUIREMENT TODAY? TODAY IS APRIL 17, 2002. TEN DAYS BEFORE THE 4- YEAR PEROID JUDGE PAINE UPHELD FOR THE STATE LAW. FEMA CHANGED THE CRITERIA FOR THE HUNDRED-YEAR FLOOD PLANE LEVEL APRIL 27, 1998. BECAUSE OF THAT WE ARE THE ONLY COUNTY IN THE COUNTRY THAT HAS OVER 100 FLOOD PLAIN LEVELS IF THE COUNTY COMMISHONER D()IIJNOT ABSTAIN FROM VOTING ITEM K-14 TODAY FEMA IS GIVEN THE RIGHT FOR A PROPERTY INSPECTION IN LESS THAN 4 YEARS. VOTE ON IT NEXT MONTH IF YOU MUST AND IT WILL UPHOLD JUDGE PAINE'S DECISSION. ONE MONTH CAN MAKE THAT MUCH DIFFERENCE THANK YOU, ANY QUESTIONS /<.14