County clouds home's title
SANDPOINT — Bonner County is clouding the title of a home allegedly built within a floodway and urging the landowners be evicted from the National Flood Insurance Program.
The moves follow a lack of adequate assurances from the landowners and their legal counsel that the land use code violations will be abated in a timely fashion, Bonner County Deputy Prosecutor Larry Goins said in a May 15 letter to the Federal Emergency Management Agency.
The notice to title notes several violations of Bonner County’s land use code. The violations include development within an area of mapped special flood hazard without permits, development within a floodway without certification that the encroachments won’t exacerbate flooding, and occupancy of a residence without proof that it meets flood hazard reduction standards.
A clouded title can hamper the sale of the property and lessen its value.
The now-defunct county building department approved construction of the 3,700-square-foot home in 1994, but FEMA later concluded there was no required analysis to determine the home’s effect on the base flood elevation.
James and Marlene Stobie purchased the home at the confluence of the Pack River and Grouse Creek in 2008 and allegedly elevated and hard-surfaced a driveway and erected an accessory building on the property without a permit.
John Finney, counsel for the landowners, disputes those allegations and FEMA’s position in the matter, according to Planning Department records. FEMA contends the development occurred within a floodway and presents a safety risk.
Floodplain development jeopardizes discounted flood insurance rates enjoyed by some 250 waterfront landowners in Bonner County.
The landowners can resolve the code violations by obtaining a permit for the bootleg accessory structure, conducting an analysis confirming the home and improvements won’t amplify flooding problems, and retrofitting the residence to comply with venting and crawl space standards.
County officials warned the Stobies that they could be fined or jailed if they failed to comply, prompting Finney to complain that the county is being too aggressive.
“The off base threats are not constructive in finding a realistic remedy,” Finney said in an April letter to the Planning Department.
Finney said his clients are reviewing potential alternatives and may try to verify the accuracy of floodway delineation.
“My clients are continuing their efforts and reviewing engineering alternatives. Please refrain from threats and from perpetuating FEMA’s erroneous allegations and ‘conclusions,’” Finney said in the letter to the county.