Item L2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Building
Staff Contact Person/Phone #:
Christine Hurle /�eph Paskalik 289-2574
AGENDA ITEM WORDING: Discussion of FEMA response letter related to County proposed
amendment of flood plain ordinance in light of recent state legislation (House Bill 407) that pre-empts
a provision of the County Code that requires a home owner to submit to an inspection when applying
for a permit on a portion of the property unrelated to the downstairs enclosures (that may be illegal
based on flood plain requirements) and replacing it with a Certificate of Compliance Program.
ITEM BACKGROUND: The State of Florida legislature passed (House Bill 407), which is effective
July 1, 2012 (see attached). The County has three primary regulatory programs under their flood plain
ordinance.
1. FEMA Pilot Program
2. Inspection of any suspected living area within downstairs enclosures (below base flood
elevation) on Building Permit (MC Code Section 6-107)
3. Inspection of any suspected living area within downstairs enclosures (below base flood
elevation) on transfer (sale) (MC Code Section 122-6)
HB407 impacts the County's 2nd regulatory program (Inspection on Building Permit). Staff discussed
this bill with FEMA representative, Brad Lohr prior to bill ratification. FEMA indicated their
willingness to work with Monroe County to develop an alternative, should the bill pass. With bill
passage, staff needs to begin development of an alternative program, working with FEMA, to assure
MC future eligibility in the National Flood Insurance Program (NFIP). Attached is a summary of a
proposed alternative and the letter staff mailed to FEMA to get their opinion on whether the Certificate
of Compliance Program would be an adequate replacement of the Inspection of Building Permit
Program. FEMA has responded to the County's letter (also attached). Staff will bring forward an
amendment to the Implementation Plan for the Flood Insurance Inspection and Compliance Program
(Resolution 152-2003) and an ordinance revising Chapter 122 during the next several months.
PREVIOUS RELEVANT BOCC ACTION:
6-15-11 BOCC directed staff to develop alternative to inspection on permit process and obtain FEMA
guidance prior to developing ordinance amending floodplain program
BOCC adopted a floodplain ordinance in 1975, which as been modified and amended several times during the
intervening years.
February 17, 2010 the Board adopted Resolution 026-2010, calling on FEMA to end the Pilot Inspection
Program codified at 44 CFR 59.30
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Direct Staff to develop an alternative process for Flood Plain
compliance and meet with FEMA officials in Atlanta
TOTAL COST: N/A INDIRECT COST: N/A
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes No _
COST TO COUNTY: SOURCE OF FUNDS: N/A
REVENUE PRODUCING: N/A AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #
The Certificate of Compliance Program will apply to all structures in Special Flood Hazard
Areas that have habitable areas below the lowest floor, but exclude those which received
inspections through the pilot inspection procedure. We concur with your assessment that the
Certificate of Compliance Program will foster a positive real estate market condition, andwill
assure finure buyers that the structure is compliant Additionally, sellers, real estate agents, and
other property owners, would be more likely to request inspections and correct violations to
alleviate any future obstacles to transfwTing the property. This approach has been highly
successful in assisting other NFIP communities gain compliance related to limitations on
residential inspections and we strongly support this direction. We also support recording with
into compliance. FEMA supports the Certificate of Compliance Program as a method for
Monroe County to fiOR its obligations according to 44 CFR §59.30 to bring uninsured
structures into compliance.
Should you or your staff have any questions or need further clarification on the Monroe County
County of Monroe
rghts"-Awl'&•-�t
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
FAX: (305) 289-2854
We ° e to be caring, professional and fair
August 16, 2011
Federal Emergency Management Agency
Department of Homeland Security, Region IV
3003 Chamblee Tucker Road
Atlanta, GA 30341
rd of Connty Co stoners
Mayor Heather Carruthers, Dist. 3
Mayor Pro Tem David Rice, Dist.4
Kim Wigington, Dist. 1
George Neugent, Dist. 2
Sylvia Murphy, Dist 5
As you know, Monroe County has three primary floodplain compliance programs to assure illegal post -
FIRM enclosures of structures below base flood elevation are remedied as follows:
1. Pilot Inspection Program — whereby insured residents are required to obtain an inspection of their
downstairs enclosures for continuance of flood insurance
2. Inspection upon request for building permit
3. Inspection upon sale
These three programs resulted from an April 16, 2003 resolution by the Monroe County Board of County
Commissioners that included a remedial plan (attached). The remedial plan has been implemented
through the County Code of Ordinances.
In 2011, the State of Florida Legislature passed Chapter 2011-82 Laws of Florida (House Bill 407)
(attached), which prohibits the County from requiring an inspection of other areas not the subject of a
building permit. This pre-emptive legislation prevents Monroe County from inspecting downstairs
enclosures upon application for a building permit if the downstairs enclosure is not directly impacted by
the proposed work.
Under Section 6-107 of the Monroe County Code, which was adopted as part of performance under the
remedial plan, the process for inspection upon building permit is as follows:
1. Homeowner asks for building permit and must submit property record card with application.
2. Staff reviews property record card to determine if living area exists in downstairs, then writes
letter to property owner notifying them of need for inspection.
3. Property owner calls for inspection.
4. Perform inspection.
5. If not in compliance with floodplain management ordinances, owners are notified of required
remedies.
6. If permit that was applied for originally was for something irrelevant to the downstairs
enclosures (e.g. roof, fence, etc.), permit is issued after inspection of downstairs area.
7. If not in compliance, and no remedy is made for downstairs enclosure in time period given (3-
6 months depending upon severity of violation (plumbing/electric requires permitting so
longer time period given), violation is referred to Code Enforcement.
8. Code Enforcement sends Notice of Violation (explaining violation, suggested solutions, and
who to contact to remedy) and sets hearing before Special Magistrate.
9. Special Magistrate hears case
a. If there is a finding that property is not in compliance:
i. Gives new compliance date
I Sets fines starting day after compliance date
iii. Property owner has 30 days to initiate appeal process
b. If there is a finding that property is in compliance case is dismissed.
The above process will be unenforceable due to Chapter 2011-82 Laws of Florida. You indicated
to County staff and at least one of our Commissioners that under HB407, Monroe County has
until July 1, 2012 to adopt an ordinance that will provide for an alternative to Monroe County
Code Sec. 6-107. You have indicated this must be approved by FEMA. The following proposal
is offered to modify Monroe County Code Sec. 6-107, which includes the Implementation Plan,
per FEMA's requirements, for continuing participation in the NFIP.
The Monroe County Board of County Commission did discuss this alternative proposal, and I am
requesting written confirmation that FEMA considers this alternative adequate prior to our
embarking on developing ordinances and processing them through a public hearing process.
Proposed Certificate of Compliance Pro am to replace Inspection on Building Permit
Prop -ram:
The County is seeking to obtain definitive 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, our technical staff will deduct all the
parcels that have already received inspections via the pilot program or other programs, and been
made compliant.
The remaining property owners will be notified that an inspection will be required in order to
verify compliance with the Monroe County Floodplain Ordinance.
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 owners have 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.
2
Finally, 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.
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 indicate illegal construction below base flood elevation will
go through the inspection process outlined above again.
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.
In addition, all 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.
I am attaching:
1. An underline/strikethrough of a proposed amended Resolution that includes a Remedial Plan
amendment, originally approved to alleviate Monroe County being on probation or suspension
from the National Flood Insurance Program (NFIP).
2. A clean version of the proposed amended Resolution that includes a Remedial Plan amendment,
originally approved to alleviate Monroe County being on probation or suspension from the
National Flood Insurance Program (NFIP).
We are seeking written confirmation that FEMA considers these changes to the Remedial Plan
acceptable as well. This is the same program County staff discussed with FEMA representatives in
Washington DC. Susan Wilson was included in that meeting, by telephone.
Monroe County staff is willing to travel to Atlanta to discuss this alternative proposal in person if FEMA
officials feel this is necessary, prior to sending written verification that this alternative is acceptable.
Please let us know if this program meets with your approval.
Sincerely,
MONROE COUNTY
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Christine Hurley, AICP
Growth Management Division Director
Enclosures
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Sgoon 2. The County Administrator is directed to expeditiously transmit this Resolution and
attached exhibit to the Region IV Office of FEMA.
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PASSED AND ADOPTED Board of County Commissioners of Monroe County at a regular
meeting of said Board held on the 4e day of , A.D., .
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Flood insurance
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 Countys
floodplain regulations to the Federal Emergency Flood Insurance and Mitigation Division
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' the County through Its County Growth Management Division will
Implement the following actions, consistent with the Florida Statutes, to ensure that any
new conflicts &_WrMjjedMd, with the
floodplaln regulations are resolved timely
i , €r7 the existing floodplaln regulations to allow the expansion or
structural alteration of the elevated portion of any residential structure non-
conforming with the floodpiain regulations contingent upon the following conditions
as appropriate: a) the improvement Is not substantial as deflned under the floodpiain
regulations; b) a pre -permitting Inspection is completed by the County to document
the extent of the non -conformity; and, c) if within a N" 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.
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above.4) Conduct required Inspections of downstairs enclosures as stipulated in Actions *1 -
5) Continue to vigorously pursue code enforcement action for violation of the County
floodplain regulation
AeLejM2te� 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-vWa§ef-t�4es9-#kvv-AYcw
6) Request that FEMA provide the County with a "Submit to Ratee for any applicatio
for new floodnpoeonpeoy• ! •• 1whah•• blIl
violation, so that "the County may pursue compliance under code enforcement
ti:•r.
through a Se!r declaration.
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Request
r •- County Appraiserto provide the County GrowthManagement
enclosures,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
• and practical.
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 abovc;
• f•
WHEREAS, the Board of County• • :•CC") adopted Resolution Nf 152-2003 •
April 16, 2003, , revised remedial plan for• r,
Administration (FEMA), called the "Implementation Plan for Monroe• '••• Insurance Inspection
• Compliance Program"• meet one of the requirements• f • In a letter• Region IV
dated 1 1 and,
WHEREAS, the • "Implementation Plan for• •County Flood Insurance Inspectionand
Compliance Program" was subsequently approved by FEMA; and,
WHEREAS, the State of Florida Legislature adopted House Bill 407 (attached as Exhibit 2) that
imsmzrylefef - f•r • i ..
unenforceable;
Monrue County! confirmation fromofficials that if House1 passed
by the Florida Legislature FEMA would consider and altemative replacement remedial action to continue
to assure the elimination of Illegal enclosures below base flood elevation; and
WHEREAS, the Growth Management• r. prepared draft amendments to the f
floodplain regulations In accordance with the Implementatlon plan; and,
NOW THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY
COMMLSSIONERS OF MONROE
COUNTY, FLOR1DA that:
ExhibitSection 1. The BOCC hereby amends Resolution No. 152-2003, by replacing Exhibit 1, "2011
Implementation Plan for Monroe County Flood Insurance Inspection and Compliance Program", with a
new f hereto.
amendments.Segbon 2. The County Administrator Is directed to expeditiously transmit this Resolution and
2ttached 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 re-Initlate the process for consideration of these
text
2011 IMPLEMENTATION PLAN FOR THE EXHIBIT 1
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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
floodpiain 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
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o In addition to the Floodplain Compliance program In the Federal Register, the County h
developed two additional Floodplain Compliance Programs to gain compliance with
Floodplaln regulations:
1. Inspection on ••
2. Certificate of Compliance Program i
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:
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.
a. Obtaining data from the Monroe County Pmperty Appraiser which will
identify all single family residences which containenclosures
Identified as living area on the g+ is floor.Once this data Is captured,
technical staff will deduct parcels that . r
Inspeclions; via the pilot program, transfer of ownership program, or the
previously applicable Inspection on building permit program, and been made
compliant.
Ordinance.b. The remaining property owners will be notified via mail that an Inspection Is
required In order to verify compliance with the Monroe County Floodplain
c. Once the owners obtain this Inspection, and are complian4 they will receive
a Certificate of Compliance. This Is a pmactive opportunity for property
owners to receive evidencethat they have a compliant
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
+ •
property1. Once a property Is compliant, the County will pmvide a non -conversion
agreement (with a corresponding drawing attached) to be signed by the
owner and recorded by ♦unty in the County land records so
buyers of properties understand what has been appmved for areas below
base oo d elevation.
e. This non -conversion agreementprovide pr•r rt + 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
Indicate Illegal• • • below base lord 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.
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4) Conduct required inspections of downstairs enclosures as stipulated in Actions #1 -
#3 above.
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, through a Section 1316 declaration.
7) Maintain existing floodplain regulations to only allow enclosing with opaque materials
of downstairs enclosures osquaref ..
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.
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Dead datedRecorded
Tax tap • • M.:: parcel
Base • • • Elevation the site
Map Panel Number . effective date
In consideration for the granting of a Permit for the above swcturs, the Property Owner agrees to the
1 - That the enclosed ares'=xw the base flood elevation be used solely for parldng of vehicles,
limited storage, or access to the building and will never be used for human habitation without first
becorning fully compliant with the Flood dernap prevention ordinance In effect at the firne of
conversion.
That all interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished or
constructed of •:• •resistant(:t
3. That mechanical, electrical, or plumbing devices shall not be installed below the Base Flood
4. The walls of the enclosed areas below the Bass Flood Elevation shag be equipped with at IeW two
vents which permit the automate entry and e)dt of floodwater with total openings of at least one
square inch for every square foot of enclosed area below flood level. The vents shall be on at least
two different wails and bottoms ofthe vents shall be nomorethan • - foot above •....: - grade.
agreement5. That any variation in construction beyond what Is permitted shall constitute a violation of this
•Section •Ordinance
6. That this Nonconversion Agreement becomes part of Permit #
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Toc map , block parcel
Base Flood Elevation at the site Is _ feet (NGVD).
Map Panel Number , effective daft
1. That the enclosed area below the bass tood elevation shall be used solely for parking of vehicles,
limited storage, f :..i: to the bulkling • will never be ! • human habitation without
becoming fully compliant with the Flood damage prevention ordinance in effect at the time of
2. That the waft shall not be reinforced or altered to negate their ability to break away during a sWfw
and all Interior walls, ceilings, and floors below the Base Flood Elevation shall be unfinished or
constructed of good resistant materials.
3. That mechanical, electrical, or plumbing devices shall not be Installed below the Base Flood
4. That any variation in construction beyond what is permitted shall constitute a violation of this
agreement •Section0Ordinance
RESOLUTION 152-2003
! I ' • :lii 1 '' 1 1
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 Pro " was subsequently approved by ; 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 c liance; 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
COMbMSIONERS 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.
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Section - 3. The Growth Management Division staff is directed to are new
amendments to the County's floodplain regulations based on Exhibit I 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 I e day of April, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro Tern Murray Nelson
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner David Rice yes
(SEAL), L BOARD OF COUNTY COMMISSIONERS OF
ATTEMI�-ft*kkolhage, Clerk MONROE COUNTY, FLORIDA
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Deputy Clerk Mayor/Chairman
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THE / 1COUNTY
FLOOD I INSPECTION 1
COMPLIANCE P1 u
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 (FE IP).
O In June, 2002, the County Growth Management Division staff began submitting
monthly to FE IP, 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 FEMA,
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.]
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 (F 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:\TEAdP\revisedremedialfinal4.doc
Page 1 of 5
e' 11 1 1 ".' I t # ` 1 t' I t 1 >: 1 1 1 1. '.. 1 1 ''
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:
1) 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.
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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 on 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
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brinje= the downstairs enclosure into compliance with the floodplain
regulations.
3) Amend the existing floodplain regulations to allow the expansion or
structuzul 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 # 143 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
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
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remedial actions with FEMA's approval, to ensure enforcement of the
floodplain regulations.
abovethe program over a six year period.
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• R I • A H r U S E •
ENROLLED
CS/HB 407
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
12 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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• R I r A H • U S E s
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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CS/HB 407
R E P R E S E N T A T I V E S
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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