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Cape to tackle issues related to 50 percent rule

City to look at modifying local regulations to help property owners

By Staff | Nov 29, 2022

Cape Coral City Council will address an issue that could have grave consequences for many residents in the city, especially those hit hardest by Hurricane Ian.

Wednesday, at 4:30 p.m., there will be a special meeting to consider an ordinance that is intended to address the Federal Emergency Management Agency’s 50 percent rule.

The rule is federally mandated and affects structures that do not meet current floodplain standards and suffered 50 percent or greater damage than market value.

Any such structure within the Special Flood Hazard Area may only be rebuilt to the required elevation.

Current substantial improvement regulations require the city to review not only damages from an event but improvements and repairs from the past five years.

As this is a local regulation and not a federal requirement, the city can remove the five-year regulation to reduce burdens on storm-damaged residences that are close to 50 percent damaged.

By removing the cumulative impact, this will assist homeowners near the 50 percent threshold from going above 50 percent due to impacts not caused by Hurricane Ian.

It would, in essence, serve as a reset for property owners who have done significant improvements to their home before Ian and may now be penalized because of it.

According to the presentation to be made by staff, this will result in a slight loss of points gained through the Community Rating System, but will make it easier for property owners who recently updated their roof or made hardening improvements in the past five years to not be affected by the rule.

The loss of points is not expected to lower the city’s CRS rating, which is currently Class 5.

Councilmember Tom Hayden said the sheer volume of the homes that suffered extensive damage makes this ordinance a necessity.

“Eliminating that five-year cumulative will be important so most property owners can start at zero as they look at the repairs that have to be made,” Hayden said. “They won’t have to start at a $30,000 deficit if they had a new roof or windows put on.”

Newly elected Councilmember Patty Cummings said this is a major concern, especially to people who have not yet received their insurance money.

“A lot of people may have to tear down and build up the foundation. We’re going to see a lot of houses near the Yacht Club on stilts,” Cummings said. “FEMA was very slow getting to people and many were upset with that. What can we do for the citizens of Cape Coral who are still living in their damaged homes?”

City Hall is at 1015 Cultural Park Blvd.