Item P2 P2
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
Board of County Commissioners Meeting
January 31, 2024
Agenda Item Number: P2
2023-1990
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Discussion and direction to amend Section 122-15 of the Monroe
County Land Development Code, which required inspections of enclosed areas below elevated
residential structures prior to the sale of residential properties.
ITEM BACKGROUND:
The Board of County Commissioners held a public workshop on April 6, 2023, to discuss floodplain
regulations. BOCC directed staff to look into making changes to Section 122-15 of the Monroe County
Land Development Code, which requires inspections of enclosed areas below elevated residential
structures prior to the sale of those properties.
This program was adopted as part of Monroe County's remedial plan with FEMA, and requires an
inspection of a below base flood enclosure prior to the transfer of ownership of a property.
Staff is seeking direction as to the first draft to amend Section 122-15. This draft removes the damages
provisions found in the existing code and states that violations are enforceable via private action
between the owner and prior owner.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC held a public workshop on April 6, 2023, to discuss floodplain regulations.
Updated floodplain regulations adopted by Ordinance 026-2022, effective March 27, 2023.
Resolution 193-2014, amending Resolution 440-2011, maintaining the Inspection on Transfer of
Ownership Program.
Resolution 440-2011, amending Resolution 152-2003.
Ordinance 037-2003, adoption of program as "Required inspections of residential structures."
4038
Resolution 152-2003, revised implementation plan.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Direction to staff on whether draft is ready to share with FEMA.
DOCUMENTATION:
Draft See 122-15 am end ment.pdf
FINANCIAL IMPACT:
Discussion has no fiscal impact.
4039
Sec. 122-15. -Required inspections of enclosed areas below elevated residential structures.
(a)Applicability. Prior to the transfer of ownership of any property occupied by an elevated
residential structure with a below base flood enclosed area for which construction of the enclosed
commenced on or after June 15, 1973, a county approved inspection of the below base flood
enclosure shall be conducted. No earlier than 180 days prior to the transfer of the property, the
seller or the prospective purchaser, with the seller's permission, shall have the required inspection
conducted. The intent of this inspection, which is strictly limited to inspection of below base
flood enclosures, is to identify for county records and purchasers any nonconformities or illegal
structures or uses.
(b)Inspections. Upon inspection request, the inspection required under this section shall be
conducted by an inspector from the Building Department. Fees for inspections conducted by the
Building Department shall be in accordance with the schedule established by resolution of the
BOCC for inspections conducted under the county's flood insurance inspection and compliance
program.
(c) Purpose. The sole intent of this inspection is to provide information for recording and
monitoring _improvements to below base flood enclosures subject to the county's floodplain
regulations and in accordance with Monroe County Board of County Commission Resolution
440-2011, which does not require that the property be brought into compliance prior to or
subsequent to transfer. The purpose of this inspection is not to identify other types of
unpermitted improvements that are unrelated to the floodplain regulations in this chapter.
Inspection procedures and forms. All inspections required under this section shall be
conducted in accordance with procedures and recorded on county forms approved by the
floodplain administrator.
(ed)Inspection submittal requirements. The original inspection report, signed by the county
inspector, shall be maintained by the Building Department and a copy shall be submitted to the
seller, who has contacted the county, as provided above, and the purchaser,provided that the
purchaser has contacted the county as provided above no later than ten days prior to the closing
date for transfer of the subject property.
(fe) Failure to comply with inspection submittal requirements. Should the inspection required
by this section not be completed, the owner ,
t4e stmettir-e is in viel4ien of this seetion. The ptir-ehaser-and his or-her-stieeesser-s and assigns
may enforce the terms of this section in law or at equity against a prior owner. The ptir-ehasef
4040
(gf)Nothing in this section shall prohibit the county from prosecuting illegal, unpermitted
improvements under the Pilot Inspection Program (under previous 44 CFR 59.30, repealed on
July 5, 2018FEMA terminated this program on June 28, 2013).
(hg) If the results of the inspection identify illegal unpermitted improvements, the requirements
of the Florida Building Code applicable to enclosed areas below elevated buildings shall apply
when a building permit is sought by an applicant.
4041