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Rebuilt lower floor raises questions

By JODIE TILLMAN
Published April 4, 2007

NEW PORT RICHEY - Back in 1999, a tropical storm damaged Ray Rossi's waterfront home so badly he couldn't live there. He obtained a federal grant to build a new, elevated home so if it flooded again, he would be out of harm's way.

But he kept his old house underneath the new one and fixed it up with tile flooring and freshly painted walls. Now the City Council candidate's daughter and her family live there.

Only one problem: "That's not habitable space," said Jerry Engel, New Port Richey's director of Development Services.

Federal regulations, which are enshrined in city codes, prohibit people from living on the bottom floor of elevated homes in the flood zones. The intention is to protect people and property during floods.

Flood-prone communities such as New Port Richey must adopt these regulations in order for their residents to qualify for federal flood insurance.

If someone is found in violation, the city would proceed with the case just like any other code enforcement case, said Engel. Upon learning about the living arrangement at Rossi's house from a reporter, Engel said the city would send someone to investigate.

Rossi, who is an insurance adjuster making his first bid for office, said he does not believe he is doing anything wrong. Though he could not get insurance for the bottom floor, he said, no one from the insurance company, FEMA or the city elaborated on any restrictions for the bottom floor.

"They didn't say no one was supposed to be living there," he said.

Rossi's River Road home was rebuilt after suffering heavy storm damage in 1999. To comply with the federal regulations, he used heavy columns to build new living quarters over his old house.

The old house, then, became the lowest level. His daughter, Heather, and her husband and two children, ages 2 and 4, moved in about a year and a half ago while Heather finished medical school.

The walls on the bottom floor are made of concrete and are equipped with flow-vents so that flood water would move through and not cause too much pressure on one wall, said Rossi. The floor is finished with tile, and the level is decorated like a cozy apartment.

Rossi rebuilt the home in 2002, living on his boat while it was finished. He said it had about $136,000 worth of damage. Through the city, he applied for a FEMA grant to rebuild. The agency gave him about $72,000 in financial assistance, he said.

Rossi said he thought he could have people living on the floor since he's assessed for property taxes on the entire home. He cited his 2003 appeal of the Pasco County appraiser's assessment of his newly constructed home.

Rossi said his thinking was that if he couldn't get insurance on the floor, then he shouldn't have to pay taxes on it.

"The special master called it 'livable space,' " he said.

A copy of an October 2003 recommendation from special master Rick Rape does not include any reference to livable space. Rape's report deals with the question of whether Rossi's rebuilt house qualified for a limited tax increase under Save Our Homes.

County's records show that Rossi's property is valued at $495,808 for an area that includes 2,000 square feet of living area, 1,760 square feet of unfinished storage and 864 square feet of unfinished garage.

Wade Barber, chief deputy for the appraiser's office, said his office has classified only the top floor as living area.

At any rate, Rossi said, the issue is "a moot point." His daughter graduated last month. Now her family is looking to move out on their own.

Jodie Tillman covers New Port Richey. She can be reached at 727 869-6247 or jtillman@sptimes.com.

[Last modified April 3, 2007, 22:00:26]