[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR63.2]



[Page 333-334]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 63_IMPLEMENTATION OF SECTION 1306(c) OF THE NATIONAL FLOOD 

INSURANCE ACT OF 1968--Table of Contents

 

                            Subpart A_General

 

Sec.  63.2  Condemnation in lieu of certification.



    (a) The condemnation required by section 1306(c)(6)(B) of the Act in 

lieu of certification need not be grounded in



[[Page 334]]



a finding that the structure is subject to imminent collapse or 

subsidence as a result of erosion, but may be issued for other reasons 

deemed sufficient by the State or local authority.

    (b) The condemnation may be in the form of a court order or other 

instrument authorized by State or local law, e.g., a notification to the 

property owner of an unsafe condition, or unsanitary condition, or other 

deficiency at the property address, coupled with a statement that the 

property owner must vacate the property if the condition giving rise to 

the condemnation notice is not cured by repair, removal, or demolition 

of the building by a date certain.

    (c) In addition to a condemnation in accordance with paragraphs (a) 

and (b) of this section, a structure must be found by the Administrator 

to be subject to imminent collapse or subsidence as a result of erosion 

or undermining caused by waves or currents of water exceeding 

anticipated cyclical levels to be eligible for benefits under section 

1306(c) of the Act.