Lover’s Lane homeowners face GEMA, county sanctions

ALBANY — Two property-owners on Lover’s Lane Road who have been leasing adjacent county-owned flood mitigation property for several years have been told that they must remove structures built on the property.

Cathy Summerlin and Jim Ervin, who own residences at 158 Lover’s Lane Road and 164 Lover’s Lane Road, respectively, were given notice by County Attorney Spencer Lee recently that, under state and federal law, they had violated terms of lease agreements Summerlin and Ervin’s late wife, Betty Ervin, signed when they leased flood mitigation property from the county (for $10 and “other valuable considerations”) after both lost their homes in the Flood of ‘94.

Lee explained that the leases signed by Summerlin and Betty Ervin clearly state that the adjoining lots each leased came with conditions: That the premises be used only for open space, recreational or wetlands management purposes; that no future disaster assistance for any purpose will be sought or provided; and that the only structures that may be erected on the properties are public restrooms that are open on all sides.

Lee pointed out, and offered photographic evidence, that a deck and stairs attached to Summerlin’s home, a fence erected by Ervin and driveways built by both are at least partially located on the flood mitigation lots leased by the homeowners, violations of the lease agreements signed by both.

“FEMA (the Federal Emergency Management Agency) purchased 59 properties in the unincorporated portion of the county (and 200 within the city limits) after the floods of ‘94 and ‘98 and turned those properties over to the county with specific deed restrictions,” Lee said. “The county is responsible for auditing each of those properties every three years and reporting to GEMA.

“With the last report, Shaurice Mulling with GEMA contacted the county and said evidence indicated these two lots in question are out of compliance. We inspected the properties and found that both had structures that are not allowed under the terms of the lease.”

City/County Planning Director Paul Forgey said that, while questioning GEMA officials about the apparent violations, he was told that the county risked future flood mitigation grants if it did not comply with agency standards.

“If we don’t follow deed restrictions imposed by GEMA, I’ve been told that we would jeopardize future hazard mitigation grant funds,” Forgey said. “And, since you discussed ISO insurance ratings in an earlier matter (concerning a rezoning request), I should tell you that you could impact ISO ratings countywide if you don’t do what GEMA said.”

Lee said a stipulation in lease agreements signed by Summerlin and Ervin states that, upon notification of a default finding by the county, the lessee has five days to “cure” the finding or the county can terminate the lease in writing. Lee also said that if the county fails to take such action, the state could take back control of the land by paying the county the sum of $1.

Jim Ervin said that he had not seen a copy of the lease his wife signed until contacted by Lee, but he said there was no intent to violate the terms of the agreement.

“Frankly, we simply treated the land as we would our own, tried to make it more attractive,” he said. “If this commission says it has no choice but to follow the GEMA directives, I would ask that we be given more time than five days to address the matter. If we have to remove anything from our property, I’d rather do it in a manner that will least damage our property, not be forced to yank it out in a certain amount of time.

“I understand that we’re at your mercy.”

Chief city/county Building Inspector Tracy Hester said that his office had no record of Summerlin seeking a permit to build the deck and stairway attached to her rebuilt home.

“I didn’t realize there was a need for an additional permit at the time,” Summerlin told the commission. “I thought it would be simply part of the rebuilding of the home. And while I did sign the lease, I didn’t realize that ‘no structure’ meant a deck or a driveway. I thought it meant any kind of building.”

Lee said that the county’s contact with GEMA’s Mullins indicated it should “have a plan” for taking care of the matter. He said extending the time allowed for removing structures that took the properties out of compliance could be seen as part of the county’s plan.