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HomeMy WebLinkAbout2001-110 RESOLUTION NO 2001-110 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE COUNTY'S LOCAL HOUSING ASSISTANCE PLAN FOR FY 2000-2001, 2001-2002, AND 2002-2003 . WHEREAS, Chapter 420, Florida Statutes, describes the State Housing Initiative Partnership Program (SHIP) , and states that the principal objective of that program is to increase the amount of affordable housing within the State of Florida; and WHEREAS, on April 6, 1993 , Indian River County approved ordinance number 93-13 , establishing the Local Housing Assistance Program; and WHEREAS, the current county's Local Housing Assistance plan expires on June 30, 2003 ; and WHEREAS, The county's current Local Housing Assistance Plan adequately addresses the county's affordable housing needs; and WHEREAS, on October 23rd, 2001, the Board of County Commissioners considered a proposed amendment to the county's Local Housing Assistance Plan; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: Section 1 . The above recitals are ratified in their entirety RESOLUTION NO. 2001 - 110 Section 2 . Pages 27-31 of the Indian River County Local Housing Assistance Plan for FY 2000-2001, 2001-2002, and 2002-2003 are hereby amended as shown in attachment "A" by the Board of County Commissioners . Section 3 . The Board of County Commissioners directs staff to submit two copies of revised pages 27-31 of the Indian River County Local Housing Assistance Plan to the Florida Housing Finance Corporation by certified mail . The foregoing resolution was offered by Commissioner Macht , and seconded by Commissioner Tiepin and being put to a vote, the vote was as follows : Chairman, Caroline D. Ginn 9y-P- Vice Chairman, Ruth Stanbridge Nay Commissioner, Kenneth R. Macht Ay-e- Commissioner, Fran Adams Aye Commissioner, John Tippin Aye The Chairman thereupon declared the resolution duly passed and adopted this 23rd day of October 2001 . RESOLUTION NO. 2001 - 110 Board of County Commissioners of Indian River County By: _ Xsl� Caroline D. Gihh Chairman BCC Approved:,. October 23; 2001 IJ At-test by: Jeffrey K. Barton, Q Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: (,7-(4 ( ez William G. Collins, II Deputy County Attorney u\v\h\housing.res Attachment "A" multiple-family housing unit by the owner, repayment of the outstanding loan amount and applicable accrued interest shall be required and the affordability timeframe requirement terminated. V. Compliance Agreement and Security Instrument The county' s Rehabilitation Loan shall be secured by a mortgage in favor of Indian River County. This mortgage may be subordinated to other rehabilitation, construction, and/or permanent mortgages applied to the same unit upon approval of the IRCLHAProgram Review Committee. This mortgage shall serve as the eligible recipient ' s contractual commitment to comply with the requirements of the IRCLHAProgram. 6 . Rehabilitation or Emergency Repair Grants a. Description The IRCLHAProgram anticipates providing rehabilitation grants to eligible non-profit sponsors or very low income persons to fund all or a portion of the cost of rehabilitating existing owner occupied housing units or multiple family rental units owned and managed by a non- profit organization. Rehabilitation grants will not be awarded for rehabilitation work previously completed. All rehabilitation work must be performed by licensed contractors . Rehabilitation grants will not be awarded for rehabilitation activities associated with downpayment/closing cost loan assistance. Rehabilitation grants may be awarded if needed rehabilitation work activities include at least one of the following types of activities which are essential to make a house safe for habitation and/or to maintain the house' s structural integrity. Rehabilitation grants may be awarded for rehabilitation of existing units occupied by very low income households . Rehabilitation grants may not be awarded in combination with downpayment/closing cost loan assistance. ► Roof, including replacement of all rotten wood ► Plumbing work as needed ► Electrical work as needed ► Heating and air conditioning, including insulation and ceiling fans ► Replacement of dry wall damaged from a leak ► Replacement of floor and carpeting damaged from a leak ► Replacement of doors and windows, if in poor condition ► Replacement of rotted siding ► Replacement of bathroom tubs, lavatories, and sinks, as needed to bring the 27 units to a safe and sanitary standard ► Repairs to make a house accessible for a disabled member of a household ► Repair or replacement of septic tank,lift station, drainfield or private well as required by the public health department ► Termite repairs and treatment ► Other repairs as required by the building department to bring the house up to current minimum housing code ► Rehabilitation work within any future target areas established by the Board of County Commissioners for concentrated housing and neighborhood improvement activities ► Energy Gauge Rating and related expenses such as insulation Rehabilitation grant amounts shall be based upon a minimum of two written licensed contractor estimates for the exact same scope of work, identifying all necessary rehabilitation work and the expected costs of the rehabilitation work. Contractors ' estimates must be based on a work write-up prepared by the county designated inspector. The applicant, with the county' s assistance, shall choose one of the contractors to complete the identified rehabilitation work, provided that the contractor cost estimate does not exceed 110% of the estimate provided by the county designated inspector. Once the contractor estimate is selected and the Rehabilitation Grant Amount established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the rehabilitation work. Change orders must be approved by the county designated inspector and local housing assistance program staff . The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all rehabilitation activities . The funds for rehabilitation grants of less than $5, 000. 00 shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required rehabilitation activities for the eligible housing unit are completed. Funds for rehabilitation grants of $5, 000 . 00 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the rehabilitation work and inspection by the corresponding jurisdictional building department and the county designated inspector. Each partial draw including the final draw of funds shall not be less than $5, 000 . 00 and it shall be delivered upon completion of all rehabilitation work and a satisfactory final 28 inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required rehabilitation activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the notice to proceed. Besides general rehabilitation activities, funds may be provided for emergency repairs . Emergency repairs eligible for SHIP funding are limited to weatherization activities . Weatherization means materials or measures and their installation which are used to improve the thermal efficiency of a residence. For emergency repairs, only one written licensed contractor estimate is needed. No credit verification is needed for emergency repairs . Rehabilitation/emergency repair grants may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, and other state and federal programs as appropriate. b. Eligibility i . Geographic Area Rehabilitation grants may be made for eligible housing units located anywhere in the County, including all municipalities located within the County. ii . Housing Unit Classification Eligible housing units receiving IRCLHAProgram Rehabilitation Grants must be owner-occupied single-family residences or multi-family residential rental projects owned and managed by a non-profit organization. Mobile homes are not eligible. iii . Applicant Classification (a) Rehabilitation grants may be awarded to the following eligible persons : 1 . Very Low-Income Eligible Persons 2 . Non-Profit Organizations (b) Rehabilitation grants shall result in eligible housing for the following eligible persons : 1 . Very Low-Income Persons 29 c . Basic Award Terms i . Maximum Monetary Award The maximum monetary award for a rehabilitation grant shall not exceed $20, 000 . 00 per each eligible single-family housing unit . Rehabilitation grants for multiple family structures shall be limited to a maximum monetary award of $100, 000 for 3 or more unit multi-family rental building owned and managed by a non-profit organization. ii . Repayment Terms/Timeframe The repayment of funds awarded as a rehabilitation grant is not required, except in cases where the assisted housing unit is sold prior to termination of the unit' s affordable classification timeframe (10 years) . In cases where the unit is sold, the entire original grant amount must be paid back at the time of resale of the unit. iii . Interest Rate There will be no applicable interest rate for rehabilitation grants iv. Affordable Classification Timeframe Housing units whose owners receive funds from the IRCLHAProgram Rehabilitation Grant Strategy Program shall be occupied by the same qualified eligible household who received the assistance for a period of not less than ten years (10) years . Any multi- family rental building rehabilitated with SHIP funds provided pursuant to this strategy must be owned and managed by the same non-profit organization which receives the original assistance for ten (10) years . V. Compliance Agreement and Security Instrument The county' s rehabilitation grant shall be secured by a mortgage in favor of Indian River County. This mortgage shall serve as the eligible recipient's contractural commitment to comply with the requirements of the IRCLHAProgram. This mortgage will be satisfied after termination of the unit' s affordable classification timeframe (10 years) . 7 . Land Bank - Market Purchase a. Description The Indian River County, through the Board of County Commissioners and the IRCLHAProgram, may acquire vacant 30 parcels or lots via the general real estate market for the purpose of providing sites for the development of eligible housing units by eligible sponsors for eligible persons . The funds for acquisition shall be delivered at the time of closing, whereby the transaction transferring ownership of the parcel or lot to the county is completed. This Market Purchase Strategy may be considered a strategy of "last resort" , whereby it may be utilized in the event unexpended or unencumbered funds for the IRCLHAProgram are available and expenditure through the remaining IRCLHAProgram Assistance Strategies is unlikely. The acquired property shall be classified as a monetary asset of the IRCLHATF to be utilized as an equivalent loan to an eligible sponsor or person for the development of an eligible housing unit . Upon transfer of the acquired property to an eligible sponsor, the effective land bank loan shall be secured by a primary or first mortgage upon the subject property until the eligible sponsor obtains the construction and/or permanent loan financing for the development and construction of a housing unit. At the time the construction/permanent financing is provided for the housing unit, the land bank loan shall be subordinated to the construction/permanent mortgage. For the purposes of the IRCLHAProgram, funds expended for property acquisition under the Land Bank Market Purchase Assistance Strategy shall be classified as a homeownership expenditure, and an eligible housing unit must be constructed and certified for occupancy on the acquired property within one year of the closing transaction date. Failure to complete construction of and obtain a Certificate of Occupancy for a housing unit within one (1) year of the closing transaction date shall constitute grounds for foreclosure to obtain possession of the property which may be utilized as a land bank acquired property by the IRCLHAProgram. b. Eligibility i . Geographic Area Parcels acquired through land bank acquisitions for the development of eligible housing units may be located anywhere in the County, including all municipalities located within the County. ii . Housing Unit Classification All housing units resulting from the IRCLHAProgram 31