POST-FLOOD BUILDING PERMITS – Update 061215 @ 10:00 a.m.

June 10, 2015 in Roland's Law Blog

WE HAVE JUST BECOME AWARE OF AN ISSUE WITH THE CITY OF WIMBERLEY REPORTEDLY REFUSING TO ISSUE BUILDING PERMITS WHERE COST TO REPAIR IS ABOVE A CERTIN % OF VALUE OF THE STRUCTURE BASED ON TAX APPRAISED VALUE UNLESS CERTAIN CONDITIONS ARE MET [limited to homes in 100 year flood plane - see below]. WE ARE INVESTIGAING THIS PRESENTLY ON BEHALF OF AN AFFECTED HOMEOWNER IN AN EFFORT TO SECURE A PERMIT SO THAT THE HOMEOWNER CAN MOVE FORWARD PROMPTLY WITH REPAIRS AND CAN RETURN TO THE HOME TO LIVE. WE WILL UPDATE THIS POST AS THE CITY’S POSITION BECOMES BETTER UNDERSTOOD. HOPEFULLY WE CAN UPDATE BY TOMORROW, JUNE 11TH.

TAX APPRAISALS OFTEN DO NOT REFLECT CURRENT MARKET VALUE PARTICULARLY IN THE RAPIDLY ESCALATING WIMBERLEY MARKET. ACCORDINGLY, IF THE CITY IS, IN FACT, BASING DECISIONS ON TAX APPRAISALS RATHER THAN ON FAIR MARKET VALUE, THE RESULTS WILL LIKELY PROVE UNEVEN AND UNFAIR. HOPEFULLY WE CAN QUICKLY ESTABLISH A METHOD BY WHICH ACTUAL CASH VALUE RANGES CAN BE DETERMINED AND USED BY THE CITY SO THAT ALL CAN MOVE FORWARD PROMPTLY.

UPDATE AS OF 5 PM JUNE 10, 2015 — WE HAVE BEEN IN CONTACT WITH THE CITY MANAGER AND DETERMINED THAT THE CITY IS LOOKING AT THE ISSUE ON A CASE BY CASE BASIS. AS MIGHT BE EXPECTED, THEY HAVE TO HAVE SOME BASIS FOR THE DECISIONS THEY MAKE AND ARE SEEKING ALTERNATE MEANS OF QUICKLY DETERMINING VALUES SHORT OF A FULL-BLOWN REAPPRAISAL OF THE PROPERTIES INVOLVED. ANY DOCUMENTATION YOU CAN ACQUIRE THAT HELPS ESTABLISH VALUE WILL BE HELPFUL, BUT MANY HAVE, OF COURSE, LOST THEIR COPIES OF DOCUMENTS IN THE FLOOD. AT THIS POINT WE FEEL WE HAVE ESTABLISHED A GOOD LINE OF COMMUNICATION WITH THE CITY ON THIS ISSUE AND HOPE IT WILL PROVIDE A VEHICLE BY WHICH OUR CLIENTS CAN QUICKLY GET THE ISSUE RESOLVED AND GET BUSY REPAIRING THEIR HOMES.

UPDATE AS OF 10 AM JUNE 12, 2015 — THE 50% RULE IS NOT APPLIED TO HOMES WHICH ARE NOT IN THE 100 YEAR FLOOD PLAIN ACCORDING TO A RECENT CONVERSATION WITH THE CITY. ACCORDINGLY, VALUATION OF THE HOME ITSELF WON’T COME INTO PLAY FOR THOSE DAMAGED PROPERTIES NOT WITHIN THE 100 YEAR FLOOD PLAIN. YOU CAN FIND INFO ON THE FLOOD PLAINS AT WWW.FLOODSMART.GOV [copy and past the link into your browser].