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St. Pete officials debunk storm code case concerns
Storm-weary St. Petersburg residents – and several realtors – have recently aired concerns after city officials opened nearly 11,000 code enforcement cases on properties potentially damaged by Hurricanes Helene and Milton.
Some residents say their flagged properties lack substantial damage. Others believe open cases create a stigma that makes it harder to sell homes.
However, city officials said the program has worked as intended and protects current and future property owners. Councilmember Brandi Gabbard, who requested Thursday evening’s discussion, said some residents with open cases have admitted they completed storm repairs without required permits.
“An active case does not equal a code violation,” said Joe Waugh, code compliance director. “And an active case does not create an encumbrance on a property that would affect real estate transactions.”
Waugh said the code department has monitored vacant and boarded properties for over 10 years, and those cases have never impeded a sale closing. Gabbard used her home’s case to verify his assertion.
Four different title companies said her open case would not hinder a sale. While it might show in a lien search, a disclosure notice would eliminate potential issues.
“In those comments back to me from those title companies, a lot of them said … ‘Quite frankly, we’re selling homes we’re concerned that people don’t have full disclosure on,’” Gabbard added. “Maybe this is another way that people will have an additional layer of knowledge about what potentially happened to their property.”
Amy Foster, housing and neighborhood services administrator, said the Federal Emergency Management Agency (FEMA), which has approved the process, contacted the city due to recent media attention. Federal officials want to ensure their municipal counterparts are not allowing residents to complete unpermitted work.
The overarching goal is to prevent homeowners from hastily repairing properties that repeatedly flood. The process also ensures potential buyers are aware of the property’s history.
Foster noted misinformation regarding the process is rampant. Waugh stressed that open cases do not constitute violation notices.
The city opened 10,898 cases on properties within flood hazard areas – about a quarter of the total – that staff identified through initial damage assessments. Residents must rebuild substantially damaged homes, those with repairs exceeding 49% of the value, according to current elevation and environmental resiliency standards.
Waugh said another municipality warned that federal issues arose when FEMA discovered the number of code cases did not align with the number of damaged properties. Noncompliance could negate the city’s community rating discount or “result in being placed on probation from the National Flood Insurance Program (NFIP).”
“So, while we knew developing an effective process was going to be challenging, it was a little bit more difficult than we anticipated,” Waugh said. “By late December and into early January, we began to see properties being listed for sale that didn’t appear to have the required permits.”
Staff completed 4,480 additional inspections between Jan. 27 and Feb. 8. They found 69 completed significant repairs without permits.
Heather Judd, assistant city attorney, said the city’s process complies with state law. She also noted Fort Myers Beach officials, currently under NFIP suspension, failed to provide documentation proving they leveraged code enforcement processes to address noncompliant structures.
Foster said the city would discover violations “one way or another.” She noted that FEMA assistance and insurance data often “tells us a different story” than residents who claim they didn’t suffer any damage.
St. Petersburg officials implored homeowners with open cases to contact the permitting department. Waugh said staff close those with no damage within days. Public records will then show an invalid case.
While the city issued a letter regarding the process in November 2024, City Councilmember Gina Driscoll admonished the administration for inadequate communication in recent months. Waugh pledged to learn from an unprecedented hurricane season.
“I recognize that we failed to communicate this effectively to the impacted residents,” he continued. “We were transparent about our intentions during public meetings but fell short when it came to proactive communication prior to the rollout of that process.”
Administrators have provided additional information on a dedicated website and city social media channels. Councilmember Mike Harting, who represents flood-prone Shore Acres, said the city “instantly became understaffed” after Helene.
Harting noted Waugh instructed concerned residents to contact him directly. “Thank you very much for that,” Harting said.
“Your staff has taken a beating,” he added. “And you took it all. Thank you for that.”
Jewels
February 17, 2025at7:42 am
This is actually incorrect. A title company has the responsibility of making sure that there is nothing against the property that they are about to insure. If there is an open code case against the property there is no title company that will issue title insurance. We would require that the any open code case to be resolved prior to closing. Call and ask any Title professional.
Karl
February 17, 2025at7:28 am
It is Illegal for code enforcement to go beyond your front door or to look into your windows- if you are red tagged, request public records at county/city for your file and the photos inspector took… if they looked/ photographed inside your windows, walked beyond your front door, into your side yard or rear yard, your rights have been VIOLATED and case against you has to be dropped.
Ryan Todd
February 16, 2025at1:46 pm
Thankfully, President Trump will be shuttering FEMA. You know, the nation should not be on the hook financially to cover homes lost to any disaster – if an individual or family chooses to live along the coast or in a mountainous region prone to wild fire they should have to absorb the cost of that decision alone.
S
February 16, 2025at10:23 am
The scale of potential FEMA violations is staggering. It is relatively easy to identify which homeowners have likely violated floodplain management rules—single-family, one-story homes built before the 1980s, particularly those in flood-prone areas that were clearly inundated during recent storms. Given their location and construction date, it is highly unlikely that the FEMA-mandated 50% rule does not apply.
For context, the 50% rule requires that if a home in a Special Flood Hazard Area (SFHA) sustains damage exceeding 50% of its depreciated market value (excluding land), it must be brought into full compliance with current FEMA flood regulations. This typically means elevating the structure or implementing other costly mitigation measures. However, many of these homes appear to have been repaired without meeting these requirements—suggesting the work was likely illegal and in violation of FEMA’s rules.
These regulations are not just bureaucratic formalities; they are the foundation of an agreement between local governments and the National Flood Insurance Program (NFIP). In exchange for subsidized, federally backed flood insurance, local governments are required to strictly enforce FEMA’s floodplain management rules. If these violations are as widespread as they appear, it represents a systemic failure—one that could put the entire flood insurance program at risk.
It would not be surprising if thousands of homeowners—not just in this county, but along the entire coastline—have engaged in what may amount to FEMA fraud by making substantial, undisclosed repairs that fail to meet federal compliance standards. The real number could be enormous, representing a silent but far-reaching issue that threatens both the stability of the NFIP and the long-term resilience of these communities.
Anyone who has seen the flooded areas can see clear cut fraud that has happened. Old homes totally flooded that have been rebuilt.
While this analysis is based on widely known FEMA regulations, specific legal consequences will depend on the circumstances of each case. Anyone concerned about compliance should consult an attorney who specializes in floodplain management and FEMA regulations—a niche area of law with relatively few practitioners.
Double check these rules. They are changing. This was provided with help from AI. Readers beware.
Amanda Sanyigo
February 16, 2025at8:49 am
That’s why these officials will be looking for new jobs asap. Because they forget, regularly, that they work for the citizens who put them in these positions and are NOT THE LONG ARM OF FEMA. Perhaps, now that they have worked for the insurance companies for free, they can get a real job there. VOTE NO CONFIDENCE IN St Pete Beach officials!
Ryan Todd
February 15, 2025at11:07 pm
Another example of bad government policy getting in the way of recovery efforts.
Vanessa L HASSETT
February 15, 2025at9:22 pm
Fema doesn’t want to help to low income people om in Midville Georgia an they left us to suffer. We have no assistance in our neighborhood. We have no help we have no homes cars food pantry nothing anbwe are completely vdisabled in our neighborhood femacneeds to br sued.