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Resolution 187-2002 RESOLUTION 18 7 -2002 A RESOLUTION AMENDING RESOLUTION NO. 115-2002 OF mE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY APPROVING A REVISED IMPLEMENTATION 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 IV Director, dated January 14,2002; and, WHEREAS, FEMA Region IV 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 IV 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 ]. The BOCC hereby amends Resolution No. ] 15-2002, by replacing Exhibit ], "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 IV office of FEMA. a a:::: o u w a:::: 0:: o LI.. a w --.J LI.. M ("') UJ It\.SSED AND ADOPTED Board of County Commissioners of Monroe County at a ':':'re~ ..ieeting of said Board held on the 17th day of April, A.D., 2002. x: :r: I-' >= ocr -Jul- .iloi5 ~o~ Mayor Charles 'S~y' McCoy yes ~ --j~8 O~ ~..1.,.Of1o, Mayor Pro Tern DIXIe Spehar yes a::: >-:5w ~ 18.2 <'J, Commissioner George Neugent yes Q.. t::uo '.3 ...;\\ C .. N W'll' b ex: 'I: a:: _ '-.;,\\ ommlSSlOner ora 1 lams a sent <t" :z. Cl ~) ',j ~ C:l ~ ~\' '" 1.1'<;1 Commissioner Murray Nelson yes (SEAL) BOARD OF COUNTY COMMISSIONERS OF ATTEST: MONROE COUNTY, FLORIDA ByJ),r;:d::JJ ~ By: MaYor!Chai~ c:\ TEMP\resolutionimplan I.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 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 (FEMA/NFIP). o Starting in June, 2002, the County Growth Management Division staff will submit monthly to FEMA/NFIP, the names and addresses of approximately -1-50 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:\ TEMP\remedialfinal.doc Page I of4 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 of the 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: I) 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 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 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: 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 C:\ TEMP\remedialfinal.doc Page 2 of 4 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~ 4) 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. 6) 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.] 7) 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. C:\ TEMP\remedialfinal.doc Page 3 of 4 8) 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:\ TEMP\remedialfmal.doc Page 4 of 4