HomeMy WebLinkAboutPO 6821: AMENDING ORDINANCE NO. 18-71, CONCERNING HURRICANE HARVEY AND FEMA PROVIDING TEMPORARY DIRECT HOUSING ASSISTANCE „ ,
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INTEROFFICE MEMORANDUM
Date: January 15, 2020
To: The Honorable Mayor and City Council
Through: Ronald "Ron” Burton, City Manager
From: Pamela D. Langford, Director of Development Services „,y 40
RE: P.O. NO. 6821 — An Ordinance amending Ordinance No. 18-71 as it
pertains to an extension from 27 months to 36 months from the date of
the Declared Disaster Hurricane Harvey, to allow FEMA to provide
temporary direct housing assistance in the form of MHUs, MH, and RVs.
Introduction:
The intent of this Agenda Item is to request that City Council grant an extension not to
exceed thirty-six (36) months of a waiver to allow for Manufactured Homes, Mobile
Housing Units, and Recreational Vehicles in floodplains, special flood hazard areas,
and to temporarily locate in any zoning district for temporary use as requested by the
Federal Emergency Management Agency (FEMA).
Background:
On October 24, 2017, the City of Port Arthur received a request from FEMA, identifying
the City of Port Arthur as a potential recipient of temporary housing units. The document
also requested that units such as RVs or MHUs be allowed in areas identified as Special
Flood Hazard Areas (SFHA). The placement of these units was to be temporary and
not exceed 18 months from the date of the declared disaster Hurricane Harvey DR-
4332. FEMA will allow applicants receiving the Manufactured Housing Units that are
placed on their private property the opportunity to purchase the unit at the end of the 18
months. However, if the unit is placed in a SFHA, the applicant would not have the
ability to purchase unless the unit is relocated outside of the SFHA.
On March 13, 2018, City Council approved Ordinance No. 18-09, granting said waiver.
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On December 4, 2018, City Council approved Ordinance No. 18-71 , granting an
extension to the waiver for an additional nine months, ending on November 24, 2019.
The Texas General Land Office (GLO) submitted a third request on January 14, 2020,
asking to extend waiver until August 25, 2020, extending the waiver thirty-six (36)
months from its original not to exceed date, to allow residents more time for repairs or
reconstruction of their primary dwellings.
Staff is requesting that property owners be allowed an additional sixty (60) days to
permanently remove temporary housing placed by FEMA, extending the official waiver
date to September 24, 2020.
The City regulates manufactured housing, mobile homes, and RV placement through
various City Code requirements including zoning, the International Residential Code,
and utility regulations. Therefore, residents receiving manufactured housing units.
mobile homes and RVs that do not comply with said requirements must remove the
non-compliant structure form the areas where the structures are not permitted (allowed)
by the zoning ordinance after the 36 months.
Budget Impact:
None
Recommendation:
It is recommended that City Council grant an extension to a waiver not to exceed thirty-
six (36) months to allow for Manufactured Homes, Mobile Housing Units, and
Recreational Vehicles in floodplains, special flood hazard areas, and to temporarily
locate in any zoning district for temporary use as requested by the Federal Emergency
Management Agency (FEMA).
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O. NO. 6821
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PAGE 1 OF 12
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING ORDINANCE
NO. 18-71 AS IT PERTAINS TO A WAIVER FOR FLOOD ELEVATION
REQUIREMENTS IN THE CODE OF ORDINANCES, CHAPTER 42: FLOODS AND
ZONING REQUIREMENTS IN THE CODE OF ORDINANCES, APPENDIX A: ZONING
TO ALLOW FOR MANUFACTURED HOMES, MOBILE HOUSING UNITS, AND
RECREATIONAL VEHICLES IN FLOODPLAINS, SPECIAL FLOOD HAZARD AREAS,
AND TO TEMPORARILY LOCATE IN ANY ZONING DISTRICT FOR TEMPORARY
USE TO ALLOW THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO
PROVIDE TEMPORARY DIRECT HOUSING ASSISTANCE IN THE FORM OF
MANUFACTURED HOMES, MOBILE HOUSING UNITS, RECREATIONAL VEHICLES,
AND OTHER READILY FABRICATED DWELLINGS, IN RESPONSE TO
WIDESPREAD DAMAGE CAUSED BY HURRICANE HARVEY; AND PROVIDING
FINDINGS OF FACT.
WHEREAS, on March 13, 2018, the City Council adopted Ordinance No. 18-09
granting a waiver to allow for the Federal Emergency Management Agency ("FEMA") to
provide temporary direct housing assistance in the form of manufactured homes, mobile
housing units, recreational vehicles, and other readily fabricated dwellings, in response
to widespread damage caused by Hurricane Harvey; and.
WHEREAS, on December 4, 2018, the City Council adopted Ordinance No. 18-71
granting an extension to a waiver from flood elevation requirements in the Code of
Ordinances, Chapter 42: Floods and Zoning Requirements in the Code of Ordinances,
Appendix A: Zoning to allow for manufactured homes, mobile housing units, and
recreational vehicles in floodplains. special flood hazard area, and to temporarily locate
in any zoning district for temporary use to allow the Federal Emergency Management
Agency ("FEMA") to provide temporary direct housing assistance in the form of
manufactured homes, mobile housing units, recreational vehicles, and other readily
P.O.NO.6821
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fabricated dwellings, in response to widespread damage caused by Hurricane Harvey;
and,
WHEREAS, the Texas General Land Office ("GLO') has requested that the
municipality support the request for extension submitted to the FEMA for an additional
nine months; extending the waiver for a total of thirty-six (36) months from the date of the
declared disaster Hurricane Harvey DR-4332: and,
WHEREAS, on August 24, 2017, a Major Disaster Declaration was issued resulting
from the impact of Hurricane Harvey; and,
WHEREAS, due to widespread residential property damage necessitating repairs
and rehabilitation and the unavailability of housing and rental properties including hotels
and multi-family dwellings, the City has an urgent need to provide temporary public housing
for residents; and,
WHEREAS, the Federal Emergency Management Agency (FEMA) made RVs.
Manufactured Homes, and Mobile Housing Units (MHUs) available to City residents for
temporary shelter due to Hurricane Harvey while their homes are being repaired; and,
WHEREAS, FEMA requested that the City allow temporary placement and
anchoring of these readily fabricated dwellings on residents' property or on property they
have legal permission to use: and,
WHEREAS, on October 24, 2017, FEMA requested permission to place these
temporary-use housing units at the highest level practicable, which may be below base
flood elevation in some of the City's Special Flood Hazard Areas (SFHA) when necessary,
and utilizing Proposed Floodplain Maps as guidance, as necessary; and,
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WHEREAS, the emergency need of the City residents for this temporary housing
until they can safely return to their repaired homes necessitates the placement of
manufactured or mobile homes in areas where such housing types are not regularly
allowed by the Zoning Ordinance; and,
WHEREAS, once the residents' homes are repaired and they move back into
them, either FEMA or the residents shall remove the non-compliant manufactured or
mobile homes from the areas where the structures are not allowed by the zoning
ordinance: and,
WHEREAS, the City and its Community Rating System (CRS) will not be
negatively affected by FEMA's placement of Manufactured Homes, RVs, and Mobile
Housing Units at an elevation lower than the area's Base Flood Elevation (BFE) nor will
the City's participation in the National Flood Insurance Program be jeopardized by
allowing FEMA to locate these manufactured homes in areas where the Zoning
Ordinance prohibits their placement; and.
WHEREAS, the City regulates manufactured housing, mobile homes and RV
placement through various City Code requirements including zoning, the International
Residential Code, and utility regulations; and,
WHEREAS, the City Council finds the passage of this Ordinance is both necessary
and reasonable to protect public health, safety, property, and the general welfare of the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
P.O.NO.6821
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Section 1. That the findings and recitations set out in the preamble to this
Ordinance are found to be true and correct and they are hereby adopted by the City
Council and made a part hereof for all purposes.
Section 2. That the City Council hereby authorizes the City Manager or designees
to continue to permit the temporary placement of manufactured homes. recreational
vehicles, or mobile housing units in areas where they are not usually permitted by
Appendix A: Zoning of the Code of Ordinances.
Section 3. That the City Council hereby authorizes the City Manager or designees
to continue to permit the temporary placement of manufactured homes, recreational
vehicles, or mobile housing units in areas designated as floodplains or Special Flood
Hazard Areas and waives flood elevation requirements found in Chapter 42: Floods of
the Code of Ordinances.
Section 4. That the City Council hereby finds that it is in the public interest to
protect public health, safety, property, and the general welfare of the public by extending
the waiver not to exceed thirty-six (36) months from the date of the declared disaster
Hurricane Harvey DR-4332 for said temporary housing until the City Council extends the
waiver.
Section 5. That the purpose of this Ordinance is to allow the Federal Emergency
Management Agency to provide temporary direct housing assistance in the form of
manufactured homes, recreational vehicles, mobile housing units or other readily
fabricated dwellings, and to temporarily waive the City Code of Ordinance provisions as
described in the sections above. This waiver is granted to meet an urgent and compelling
P.O.NO.6821
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need to provide temporary housing to eligible applicants whose homes were damaged or
destroyed as a result of Hurricane Harvey.
Section 6. That the placement of temporary housing for disaster applicants, within
the City of Port Arthur, is allowed below the identified Base Flood Elevation as indicated
on the Flood Insurance Rate Maps. FEMA recognizes that its ability to place such housing
in the floodplain is regulated by Federal law and specifically, but without excluding other
limitations from the law, FEMA assures that the housing units will be elevated to the
highest level practicable, notwithstanding usual elevation standards of the City. Eligible
applicants receiving temporary housing from FEMA may have the option to purchase the
home at the end of the nine (9) month period following the date of the declared disaster
caused by Hurricane Harvey. However, if it is placed in a Special Flood Hazard Area, they
cannot purchase it unless it is moved to a location outside of the Special Flood Hazard
Area, coastal high hazard area, Coastal Barrier Resource Act, or otherwise protected
area.
Section 7. That the waiver is limited in time in that this authority will end on August
25, 2020.
Section 8. That all manufactured homes placed by the Federal Emergency
Management Agency, using this authority, must be removed sixty (60) days following the
waiver end date of August 25, 2020, requiring all temporary direct housing to be removed
by September 24, 2020. or upon issuance of a Certificate of Occupancy for the repair or
reconstruction of the individual's residence, whichever date comes first.
Section 9. That the City Council hereby determines that this temporary waiver
and suspension of regulations governing manufactured housing and mobile homes are
P.O.NO.6821
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PAGE 6(11. 12
considered reasonable and necessary for regulatory purposes to meet an urgent need
for temporary housing. This Ordinance does not imply that land or the temporary
dwellings located within the Special Flood Hazard Area will be free from flooding or flood
damages. This Ordinance shall not create liability on the part of the City or any official or
employee thereof for any flood damages, property damage, or personal injury that result
from reliance on this Ordinance or any administrative decision lawfully made thereunder.
Section 10. That it is hereby declared to be the intention of the City Council that
the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are
severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance
should be declared invalid by the final judgment or decree of any court of competent
jurisdiction, such invalidity shall not affect any of the remaining phrases, clause,
sentences, paragraphs and sections of this Ordinance.
Section 11. That all Ordinances or parts thereof in conflict herewith are repealed
to the extent of such conflict only.
Section 12. That a copy of the caption of this Ordinance shall be spread upon the
Minutes of the City Council.
Section 13. That this Ordinance shall be effective immediately.
READ, ADOPTED, AND APPROVED, this of January, 2020 A.D., at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
P.O.NO.6821
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Councilmembers:
Noes:
Thurman Bill Bartie, Mayor
ATTEST:
Sherri Bellard, TMRC. City Secretary
APPROVED AS TO FORM:
Valecia "Val" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
(.761an-k7 P / /mg Z1V
Pamela D. Langford, Director/of Development Services
P.O.NO.6821
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PAGE 8 OF 12
Exhibit "A"
Pamela Langford
From: Christa Lopez <Christa.Lopez.GLO@recovery.TEXAS.GOV>
Sent: Tuesday, January 14, 2020 11:28 AM
To: Pamela Langford
Cc: Madlaine Knab
Subject: [NON-CoPA] FEMA Housing Program Extension Pending
Attachments: extension Itr to apps.pdf
Dear Ms. Langford,
I hope this email finds you well. Following Tropical Storm Imelda, numerous Hurricane Harvey households were affected
once again. Many households who were near completion of repairs to their homes were once again faced with having
to remove debris and reconstruct, some households are still challenged with finishing repairs from Harvey. Based on
this continued need for temporary housing, the GLO has requested a temporary housing program extension of FEMA for
the eligible households through August 25, 2020.There are less than 150 households remaining throughout the Harvey
affected areas and the number remaining in your jurisdiction is 21 and we anticipate that number will reduce by the end
of January to 17.
You will find attached to this email the last extension's sample letter; a similar letter will be shared with each household
regarding this extension, if the extension gets approved by FEMA. Please take note that the letter does explain that the
extension will be granted only if the local jurisdiction agrees to extending the temporary housing unit permit. We would
like to confirm if your jurisdiction would allow for such? Please respond by COB on January 24tH
We are happy to discuss this further should you wish to have a call or meeting.
Best,
Christa
Christa Lopez
Deputy Director I Operations and Chief of Staff
q II Community Development& Revitalization
Texas General Land Office, George P Bush, Commissioner
Office 512.917.8385 I recovery.texas.gov
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Disaster-4332-TX
December.18,2018
NAME.
ADDRESS
CITY,STATE ziP
FEMA.Application tt:
Dear.NAME:
As part of the Federal Emergency Management Agency's(FEMA)omission tolielp.you recover
from DR48327TX, the Agency provided your household with a tempoxary housing unit.(7A-11.3),
:subject to the rules and:COnditions of the'Receipt for Goternrrimt Property(Temporany1-16107!g
Program
§408)with Conditions for the of Government Property" (the 'Revocable
signed.on 03/29/2018-. If not revoked earlier;thiS.Revocable LiceriSe is valid kit the length of
EMA'sdirecthousing program;but automatically expires 1.8..rnonths from the date of the.
Presidential disaster declaration,unless extended.
Atthe request of the State of Texas,FEMAlias.extended your Revocable License through
August.25,.2019. During the'extensibn period, yodmust still comply with the rulesarid
conditiOns-of the.ReVocable:LicenSe.
.Although FEMAhasextended the.p.eriod of yourRevocable.License;if you.choose toremain in
the Tl-ft.you will incur a monthly rentsbased.on fair market rent, as authorized by 42
.5174(c)(1)(B)(iii).. If you rern,ain.in the THU after February 25,2019,you will be charged.$XXX
starting on March 1,2019 and on the.first day:of every month for as long as you remainin and
maintain eligibility to occupy the THU. •YoUr first payment will be due.March.1,2019..The rent.
will not be prorated;however,FEMA may reduce,the amount of yourmorithly rent based on
your abilityto pay.
Failure to.pay your monthly rent is a violation of theritles.and conditions of yoUr.Revocable
_License and FEMA.may terminate.your eligibility to remain in theTHIJ as'a reault. To avoid
having to,pay this monthly rent,you must Move out and surrenderposseSsion.bf the TI-IU.to
PEW:by February 25,20.19. •If you.choose to xemainyin or Maintain possession ofthe.THUafter
this date,FEMA will send you a monthly bill.
Appeal Rights and Instructions
AS stated above, FEMA may reduce your rent amount based on your ability to pay. Therefore,
you have the right to appeal the amount that you Will be charged. You May appeal within sixty
(60)calendar days Of the date of this letter, Appeals will notbe accepted after February 2.5,
2019. To file ari appeal you must
• Explain in writing why you believe you cannot pay the amount of the:rent charged.
Your appeal must include the followinginformation:
o Pre-clisaSter and post-disaster Mortgage costsincluding Hazard and Flood:
insurance premiums
o Pre-disaster and post-disaster Ignites-,including water, eleotriC,gas, oil,propane,
sewer, and/or.trash
o Pre-disaster and post-disaster income of all household members 18 years of age
and older..
• Send documentation that provides the weekly ori-weekly gross income for members
of your household who are lgyears of age or older;
•
Include your FEMA Application Number,shown at the top of this letter;and:
• Mailyour letter.and the docurnerits to:
FEMA-Region
Texas Recovery Office
PAXBox 80191
AuStiti,TX :78708
ATTN: V. Black-Individual Assistance
• If yOu prefer,you may fax copieeF.the documents to (51j)490-16g for V,Black or
email them to:femadr4332tXrentglertia.cilissov.
If you choose to,appeal the amount of the rent,you will receive an appeal decision letterfrom
FEMA.Filing an appeal does not guarantee that FEMA will decide in your favor, and it does
not extend the time you are eligible to occupy the THU.
During this appeal decisicin period,your rent Will continue to be assessed on the first day of
every month and you will receive a monthly bill from FEMA until your appeal is decided.
While you wait for FEMA's decision,you may make monthly payments or set aside the funds
to covet your Monthly rent..
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If your appeal Is denied;and you have been paying:your monthly rent,you will continue to pay
your rent as usual. If you have riot been paying your monthly rent,you will be required to pay
the cumulative total of these charges within pc)) calendar days of the date of FEIVIA's decision
letter,and begin paying your rent on the first day of each Month until you move out of the
THU. This rent will not be prorated.
If your appeal is granted, and•you have been payirgyour mo.nthly rent,FEMA will refund you
any overpayment above the adjusted rent,and you will pay the adjusted rent On the first day of
each Month as usual If you have not been paying your monthly rent,you will be required to
pay the cumulative total of these adjusted charges within thirty(30 calendar days-of the date of
FEMA'S decision letter, and begin paving your adjusted rent on the first day of each month
until,you move out of the THU. This adjusted rent Will not beprgrated. See attached'Debt
Collection Notice' for additional information..
Please continue to work with your FEMA Recertification Advisor to achieve your permanent
housing plan so that you can transition out of the FEMATprovided 1.14u.
Respectfully,
gfrkg4. .9.1
Eii_u M. Recifearn,indl iva1 Assistante Branch Director
Disaser-433Z-TX
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