Policy Statement - Substantial Improvement - Cost Deductions for code violations
Keys Reporter 1/17/02
FEMA: Get rid of enclosures or else
BY ANN HENSON, Staff Writer
The Federal Emergency Management Agency reverted to its
get-tough stance and has given the county until May 31 to
comply with floodplain rules in unincorporated areas of the
county.
If the county fails, it faces probation and eventual loss of the
federally backed flood insurance.
It could also lose access to federal grants and loans from the
Federal Housing Administration, Veterans Administration and
the Small Business Administration, among others.
The federal government could also withhold disaster assistance
if a hurricane does strike the Keys.
County Commissioner Murray Nelson has been waiting since
August for a follow-up meeting with Washington, D.C.,
higher-ups of the Federal Emergency Management Agency
(FEMA) to present a seven-point compromise plan.
Nelson's plan, which was to be discussed during this week's
County Commission meeting, would grandfather in all
non-conforming downstairs enclosures that are more than four
years old and strictly enforce floodplain rules for newer homes.
Last month, Nelson outlined his objectives in a letter to Michael
Brown, acting deputy director of the FEMA.
This letter is apparently the agency's reply.
The four-page letter from Kenneth O. Burris Jr., regional
director, FEMA again issued an ultimatum.
"After listening to all views, FEMA has come to the conclusion,
that given the unique circumstances surrounding the issue, the
pilot inspection procedure continues to be the most effective
means to address the large numbers of non-complaint
structures," Burris wrote.
That inspection program was mandated by FEMA in June
2000. It calls for mandatory home inspections prior to issuing
or renewing flood insurance policies.
Homes, mobile homes and RVs found with ground-level
enclosures built below levels at which FEMA predicts
hurricane flooding will likely occur would be required to rip
out the structures or lose eligibility for FEMA-backed flood
insurance.
Burris' letter issues a four-point ultimatum:
€ Pass a resolution by Feb. 28, 2002, committing to the
inspection program;
€ Begin the pilot inspection program by March 14 by
identifying and forwarding to FEMA the addresses of
structures suspected of being in violation, beginning with those
less than four years old;
€ Submit by April 11 an implementation plan to remedy the
county's inability to assure compliance with structures older
than four year.
The plan must include specific actions the county will take and
appropriate time frames.
€ Obtain FEMA's final approval from Region IV in Atlanta by
May 9.
The plan does not apply to municipalities in the county or to
Ocean Reef.
The county shelved FEMA's pilot inspection program
following a ruling from Circuit Judge Richard Payne in 2000
that extend the four-year statute of limitations to enclosures.
Payne said that if the county had not found them within that
four-year limit, the county was powerless to act.
He also ruled that sanctions against enclosure owners, such as
refusing to issue building permit for other work, would not be
allowed.
County Commissioners decided not to appeal.
According to Dianne Bair, the county's FEMA coordinator, the
plan developed by the county for the pilot inspection, which
includes starting with the most recently built homes, is exactly
what FEMA wants.
"They're telling us to take measures to deal with the four-year
statute of limitation," Bair said.
"They say that we have to go with the original pilot program,
but recognize that we do have a problem," Bair said. "We've
got until April to figure out those that fall under the year-year
limit."
Ann Henson covers state and Monroe County government,
environment, Key Largo and is the editor of the Reporter's
website. She can be reached at 852-3216 or by e-mail at
amhenson@keysreporter.com