TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Discussion and Possible Action Regarding Federal Emergency Management Agency (FEMA), Florida Building Code, and Unified Land Development Code of the City of North Port Requirements to Repair and/or Rebuild Damaged Structures in the City of North Port, and Requirements for the Continued Payment of City Water and Wastewater Base Facility Charges.
Recommended Action
Discussion and possible action to provide direction to staff.
Background Information
Hurricane Ian hit Florida on September 27, 2022, causing loss of life and over $70 Billion in damage statewide. The City of North Port has done a tremendous job during the first 30 days completing search and rescue operations and clearing the roads of trees and debris, while continuing progress on bridge repair, removal of yard debris, removal of construction and demolition debris, as well as progressing on a checklist of various other items. The City continues to keep the citizens informed about the myriad of resources available.
While the City’s buildings and infrastructure continue to be assessed, many North Port property owners are navigating the complexities of filing claims for assistance through their insurance, FEMA, and other agencies. Proceeds from insurance companies and FEMA are starting to trickle in and rebuilding is beginning.
In the case of structures where the cumulated total of improvements and/or repairs exceeds 50% of the market value of the structure, the FEMA 50% Rule requires that the structure be brought into compliance with the applicable flood and building standards. Many property owners are unaware of how to navigate the FEMA 50% rule, necessary permitting, and other code requirements involved.
Due to the complexity of the questions and concerns, Commissioner McDowell has requested a Commission discussion.
Commissioner McDowell’s discussion points include, but are not limited to, the following:
• Is the City planning to send a letter to the residents in the hardest hit areas advising them of the 50% rule, before they start spending any insurance/FEMA money on repairs?
• Is the City developing a permitting package to make rebuilding as easy as possible?
• The ULDC establishes a 5 year timeframe for determining damage cumulative per the definition of Substantial Improvement in Section 61-3.
• FEMA elevations of the hardest hit areas, how will this affect rebuilding and the 50% rule?
• Potential conflicts with ULDC codes 25-4(B)2 and ULDC Code 17-17
• What recourse is there for renters whose property owners are not fixing their homes safely and according to code?
• What happens if the property owner demolishes their property to the slab, are they required to continue paying a base water/wastewater charges even though there is no structure to serve?
• Is the City planning to host a town hall with FEMA, to cover all these subjects and include a large question and answer segment?
Strategic Plan
Good Governance
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. SW Florida Realtors Article, SW Florida Owners Surprised by the 50% Rule
2. Sample Charlotte County Permitting Package
3. Sample Lee County Permitting Package
4. North Port ULDC Section 17-17(1)
5. North Port ULDC Section 25-4(B)2
6. North Port ULDC Section 61-3 Substantial Improvement Definition
7. Current FEMA Flood Zones Map
Prepared by: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager, on behalf of
Commissioner Debbie McDowell
Department Director: A. Jerome Fletcher II, ICMA-CM, City Manager