HomeMy WebLinkAbout2014-008ORDINANCE NO. 2014 008
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA AMENDING CHAPTER 308, INDIAN RIVER COUNTY
LOCAL HOUSING ASSISTANCE PROGRAM, OF THE CODE OF INDIAN RIVER
COUNTY, AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted Chapter 308 of the County
Code on April 6, 1993; and
WHEREAS, since Chapter 308's adoption, the Florida Housing Finance Agency
became the Florida Housing Finance Corporation and the Florida Administrative Code
(FAC) citation changed from Chapter 9I-37 FAC to Chapter 67-37 FAC. As a result,
references in Chapter 308 to the Florida Housing Finance Agency and the old Florida
Administrative Code citation are outdated and, therefore, those references must be updated;
and
WHEREAS, there are many sections of the state's housing program requirements
that were repeated verbatim in Chapter 308. Because of that structure, Chapter 308 wording
of state requirements becomes out of date whenever the state changes its requirements. To
avoid that problem, Chapter 308 needs to be modified to merely refer to state housing
statutes rather than recite state requirements; and
WHEREAS, several sections of Chapter 308 must either be updated or revised to
clarify the intent of the County's SHIP and NSP programs. Those revisions are minor in
nature and are needed throughout Chapter 308; and
WHEREAS, on March 11, 2014, the Board of County Commissioners authorized
staff to advertise for a public hearing to consider revising Chapter 308 of the County Code.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida that:
SECTION ONE: AMENDMENT OF CHAPTER 308.
Chapter 308 of the Indian River County Code is hereby amended to read as shown in
Appendix A, attached.
SECTION TWO: CODIFICATION.
It is the intention of the Board of County Commissioners that the provision of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re -lettered and the word ordinance may be changed to
1
ORDINANCE NO. 2014-008
section, article or such other appropriate word or phrase in order to accomplish such
intention.
SECTION THREE: SEVERABILITY.
If any section, sentence, clause, or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way
affect the validity of the remaining portions of this ordinance.
SECTION FOUR: EFFECTIVE DATE.
This ordinance shall become effective upon filing with the Florida Department of State.
This ordinance was advertised in the Vero Beach Press -Journal on the 31" day of March
2014, for a public hearing to be held on the 15th day of April 2014, at which time it was
moved for adoption by Commissioner Solari seconded by Commissioner
Davis , and adopted by the following vote:
Peter D. O'Bryan, Chairman Aye
Wesley S. Davis, Vice -Chairman _ Aye
Bob Solari, Commissioner Aye
Tim Zorc, Commissioner Aye
Joseph E. Flescher, Commissioner Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 15th day of
April 2014.
GOA1Miss., Board of County Commissioners
�° • ''�°� Indi ver County, Floria
*; ••W
•.N S
*: By:
:s
Peter D. O'Bryan, Chairman
a9ti�• �, �\o�ft
•"" ATTEST BY: _
to—Jeffrey R. Smith, Clerk of Court and Comptroller
This ordinance was filed with the Department of State on the following date:
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ORDINANCE NO. 2014-008
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
D n Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
Stan Boling, AICP; Co unity Development Director
FACommunity DevelopmenASHIMhapter 308\2014 Ordinance Amending Ch. 308.doc
Appendix A
CHAPTER 308. INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE
PROGRAM
Part I. In General
1
Sec. Title.
308.104
Sec. Purpose and intent.
308 112
Sec. , Establishment of procedures for county acquisition of foreclosed or abandoned
308.123properties with NSP funds.
i
Sec. ' Establishment of procedures for county rehabilitation of properties purchased with
308.134 NSP funds.
..... __ .. ._...7._..
Sec. Establishment of criteria for the sale of NSP properties that constitute an
308.145 alternative property disposition procedure to sections (1) and (2) of chapter
125.35, F.S.
PART I. - IN GENERAL
PART II. - INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM
ACQUISITION REHABILITATION, AND SALE PROCEDURES AND STANDARDS
PART 1. IN GENERAL u
Section 308.01. Title.
Section 308.02. Purpose and intent.
Section 308.03. Definitions.
Section 308.04. Creation of the Indian River County Local Housing Assistance Trust Fund
Section 308.05. Establishment of the Indian River County Local Housing Assistance Program.
Section 308.06. Designation of responsibility for administration and implementation of the Indian
River County Local Housing Assistance Program.
Section 308.07. Creation of the Indian River County Affordable Housing Advisory Committee.
Section 308.089. Severabilit
Section 308.0948. Effective Date.
Section 308.01. Title.
This chapter, the terms and provisions contained herein, shall be known as "Local Housing
Assistance Program Ordinance" of Indian River County, Florida.
2
(Ord. No. 93-13, 4-6-93)
Section 308.02. Purpose and intent.
The purpose of this chapter is to comply with the requirements of the sections 420-097- 420-
9079 F.S. State Housing Initiatives Partnership (SHIP) Act Program and Rule 67-37 91 37-004
Florida Administrative Code (FAC). As such, this chapter provides for:
(1) Creation of the Indian River County Local Housing Assistance Trust Fund in
accordance with Rule 67-37.008 91-3008 FAC;
(2) Establishment of the Indian River County Local Housing Assistance Program in
accordance with Rule 67-37.005 91-37.007 FAC, under which the Indian River County
Local Housinq Assistance plan has been adopted;
(3) Designation of the responsibility for the implementation and administration of the Indian
River County Local Housing Assistance Program; and
(4) Creation of the Indian River County Affordable Housing Advisory Committee in
accordance with the section 420-9076 F.S. and Rule 67-37.010 91-37.009 FAC.
(Ord. No. 93-13, 4-6-93)
Section 308.03. Definitions.
The definitions provided in Rule 67-37.002 91-37.002, Florida Administrative Code (FAC
State Housing Initiatives PaFtne%hip PF99FaFn Z, section 420-9071 F.S. and in the Indian
River County Local Housing Assistance Plan shall apply to the terms used in this chapter.
(Ord. No 93-13, 4-6-93)
Section 308.04. Creation of the Indian River County Local Housing Assistance
Trust Fund.
(1) The Indian River County Local Housing Assistance Trust Fund (IRCLHATF) is hereby
created and established consistent with the section 402-9075 F.S. and Rule 67-37.008 FAC.
The Indian River County Local Housing Assistance Trust Fund shall be a separate fund
account maintained by the Indian River County Board of County Commissioners.
Expenditures from the trust Fund must meet all requirements of section 420-9075 F.S. and
Rule 67-37 FAC
(Ord. No. 93-13, 4-6-93)
Section 308.05. Establishment of the Indian River County Local Housing
Assistance Program.
(1) Consistent with the section 420-9072 F.S. and Rule 67-37 FAC, the Indian River County
Local Housing Assistance Program is hereby created and established.
(2) The intent of the Indian River County Local Housing Assistance Program is to increase the
availability of affordable housing units to Eligible Persons by combining local resources and
cost-saving measures into an Indian River County Local Housing Partnership and using
private and public funds to reduce the cost of housing.
(3) The Indian River County Local Housing Assistance Program shall use the funds held in the
Indian River County Local Housing Assistance Trust Fund to implement the Indian River
County Local Housing Assistance Plan.
4
("ll hc)USaRg units provided OF a66*6ted by the Ind_ia;A River County LOGal HGUSiRg A66*stanGe
kDrO.Meed. The ninety (90) peFGeRt 10FAit PFiGe 6hall be established by the United States
CeGtinn 3(b) 2 of the United
(b) The amount of menthly mortgage payments eF the arnount Of R;GRthly rents GhaFqed
(4_G) Loans to income eligible households for -ft9u6ings-u from the Indian River County Local
Housing Assistance Trust Fund shall be provided for periods not exceeding thirty (30) years.
However, deferred payment soft -second loans or loans that extend beyond thirty (30) years
may be provided with the condition that each assisted housing unit financed in either
manner must be occupied by income eligible persons for the same period of time as the
extended loan period.
(5 d) Whenever an owner -occupied housing unit which was purchased or rehabilitated with a
deferred payment loan GORstruGted, rehabilitated, or otheFwi6e assisted #GM preseeds
provided from the Indian River County Local Housing Assistance Program is sold,
refinanced with a cash out or occupied by someone other than the original loan recipient,
the entire loan amount and accumulated interest shall be due and payable to the local
housing assistance program.
The
funds obtained through these repayments FeGapture pmvisions shall be redeposited into the
Indian River County Local Housing Assistance Trust Fund for redistribution by the Indian
River County Local Housing Assistance Program.
eligible persons for the qFeateF of fifteeR (15) yeaFs or the teFM of the assi6tanGe.
Eligible 6pen6ers who 9#er eligible reRtal housing for 6ale be fifteen (15) yeaF6 9
that have - . . - rtgage6 funded undeF the Indian RiveF GouRty LOGal Housing
Assi6taAGe ProgFam must give a f*FSt Fight of Fefu6al to eligible nGRPFGfwt organizatiOR6
by eligible s.
(6 7)The activities and strategies to be undertaken by the Indian River County Local Housing
Assistance Program in providing and encouraging affordable housing shall be consistent
with the most recent Indian River County Local Housing Assistance Plan approved by the
Board of County Commissioners and Florida Housing Finance Corporation (FHFC) and meet
requirements of the Section 420-9075 F.S. and Rule 67-37 FAC. ORGlude, but not be limited
the payment of impaGt fees f9F eligible housiRg feF eligible peFSen&-.
(e) Land bank; IRdiaR River GGURty may, through purGha6e, aur -lien tar donation, aGqLI*Fe-
housing at a futwe time.
(7 6)The Indian River County Board of County Commissioners may elect to provide additional
funding to supplement and/or augment funds provided from the Indian River County Local
Housing Assistance Trust Fund for administration and implementation of the Indian River
County Local Housing Assistance Program.
g,q�� AgeRGy and the SHIP Program to provide the Fequired aRRual reporting GR the
the State SHIP Program requirerneRt6 and the IRdiaR River County LOGal Heu6ing
A66i6tanGe Pyr
(Ord. No. 93-13, 4-6-93)
Section 308.06. Designation of responsibility for administration and
implementation of the Indian River County Local Housing Assistance Program.
(1) The Indian River County Community Development Department is hereby designated the
agency responsible for the implementation and administration of the Indian River County
Local Housing Assistance Program. In its capacity as the responsible agency, the
community development department, with concurring approval from the board of county
commissioners, may contract with various profit or non-profit agencies for various
administrative activities.
(2) The community development department shall monitor the success of the Indian River
County Local Housing Assistance Program, and provide advice and suggestions as to
whether and in what ways the Indian River County Local Housing Assistance Program might
be improved from year to year.
(3) The total arnount paid from the Indian Royp-F Gounty LGGal Housing AssistaRrve Trust F, -Ad fe
Loroal Houroing AssistanGe Trust FURd, uA1,9s;s, P-the-RAVi6e approved by resolution of the Indian
River Gounty Beard of County COMM*66ioneFs. Shca4uld- the 'AddiaR RiveF County BeaFd of
GOURty Corn i i .)pFeve rUGh a resolution, thie to-tal arnount paid from the Indian
RiYeF GOURty LOGal Housing A6606taRGe TFust Fund for aRY administrative expenses shall Ant
Trust Fund as; noted- OA S_ert*nn 208 05(4)(G) of this Ghapter.
(4) The GGunty shall not treat as administFative expenses any G0GtG previously bome by anothe
LOGal HOU6*Rg Assi6tanGe PlaA is so-uh-Mitted for review and approval by the State of Florida
(Ord No. 93-13, 4-6-93)
Section 308.07. Creation of the Indian River County Affordable Housing Advisory
Committee.
(1) The Indian River County Affordable Housing Advisory Committee is hereby created and
established pursuant to the requirements of Section 420.9076(2), F.S.. The members of the
advisory committee shall be appointed by resolution of the board of county commissioners.
(2) The resolution appointing the Indian River County Affordable Housing Advisory Committee
shall define affordable housing as applicable to the county in a way that is consistent with
the adopted local comprehensive plan.
(3) The affordable housing advisory committee shall consist of civ+�16) seventeen O
members. Sixteen (16) Nine (9) members shall be voting members, and five (5) nine 9 of
those voting members shall constitute a quorum. The committee may not take formal actions
unless a quorum is present, but may meet to hear presentations and undertake other
informal activities if duly noticed.
(a) The Indian River County Board of County Commissioners shall appoint the voting
members of the affordable housing advisory committee in conformance with the
following representational criteria:
1. One (1) citizen who is actively engaged in the residential building industry.
2. One (1) citizen who is actively engaged in the banking or mortgage industry.
3. One (1) citizen who is a representative of those areas of labor engaged in home
building.
4. One (1) citizen who is designated as an advocate for low-income persons.
5. One (1) citizen who is actively engaged as a for-profit a provider of affordable
housing.
One (1) citizen who is actively engaged as a not-for-profit provider of affordable
housing
One (1) citizen who is a real estate professional.
One (1) citizen who actively serves on the county's local planning agency
(Planning and Zoning Commission). of PeF6c)n6 with 6p
9.
One (1) citizen who resides within the county. is , renresen#^ti„e of
Indian River
10.
One (1) citizen who represents employers within the county member
of the Indian
11.
with law-
One (1) citizen who represents essential service personnel.
12.
One (1) member who is a representative of the City of Fellsmere, appointed
by the
City of Fellsmere.
13.
One (1) member who is a representative of the City of Sebastian, appointed
by the
City of Sebastian.
14.
One (1) member who is a representative of the Town of Indian
River Shores,
appointed by the Town of Indian River Shores.
15.
One (1) member who is a representative of the Town of Orchid, appointed
by the
Town of Orchid.
16.
One (1) member who is a representative of the City of Vero Beach,
appointed by
the City of Vero Beach.
(b) The Indian River County Board of County Commissioners shall appoint one member of
the Indian River County Board of County Commissioners as a tlae non-voting member
of the affordable housing advisory committee.
1. One (1) member who is a repFesentative of the Gity of Vero BeaGh, appeepted by
7 e (1) m b who is e r r #e#ive of the Town of C appein#ed by
_. c-�-rrter�ve%ra-zr-rep��ei��n�-r'rrvrT �fi� ,
the Town of Fellsmere
(4) The following terms of membership shall apply to members of the committee:
(a) Voting members shall serve for two-year terms and may be reappointed for subsequent
terms.
E.
(b) Non-voting members shall serve for one-year terms and may be reappointed for
subsequent terms.
(5) Meetings shall be held as needed.
(6) The Indian River County Affordable Housing Advisory Committee shall comply with the
Government in the Sunshine Law, the public records law, and the special provisions
regarding notice of Affordable Housing Incentive Plan considerations found in F.S. Ch.
420.9076. Minutes of all meetings shall be kept
(7) The Indian River County Affordable Housing Advisory Committee shall annually elect a
chairperson and a vice -chairperson, and such other offices as it deems necessary. in the
meetinnc in a manner nnnoictent mitt+ laui
(8) Staff, administrative and facility support for the Indian River County Affordable Housing
Advisory Committee shall be provided by the Board of County Commissioners.
(9) Triennially, consistent with requirements of Section 420-9076 F.S. and Rule 67-37 FAC the
advisory committee shall review the county's established policies and procedures,
ordinances, land development regulations, and adopted local government comprehensive
plan and shall recommend specific actions or initiatives to encourage or facilitate affordable
housing while protecting the ability of the property to appreciate in value
(9)
(Ord. No. 93-13, 4-6-93)
(Ord No 93-13; 4-6-93)
Section 308.089. Severability.
If any phrase or portion of this chapter, or the particular application thereof, shall be held
invalid or unconstitutional by any court, administrative agency or other body with appropriate
jurisdiction, the remaining section, subsection, sentences, clauses, or phases and their
application shall not be affected thereby.
(Ord. No. 93-13, 4-6-93)
Section 308.0940. Effective Date.
This chapter shall become effective thirty (30) days after the date of formal adoption.
10
(Ord. No. 93-13, 4-6-93)
PART /l. INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM
ACQUISITION, REHABILITATION, AND SALE PROCEDURES AND STANDARDS
Section 308.104. Title.
Section 308.113. Purpose and intent.
Section 308.123- Establishment of procedures for county acquisition of foreclosed or abandoned
properties with NSP funds.
Section 308.134. Establishment of procedures for county rehabilitation of properties purchased
with NSP funds.
Section 308.145. Establishment of criteria for the sale of NSP properties that constitute an
alternative property disposition procedure to sections (1) and (2) of chapter 125.35, F.S.
Section 308.104. Title.
This Part of Chapter 308, the terms and the provisions contained herein, shall be known as
the Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale
Procedures and Standards.
(Ord. No. 2012-006, § 2, 5-1-12)
Section 308.112. Purpose and intent.
Since 2009, Indian River County has participated in the Neighborhood Stabilization Program,
NSP, as created by the Housing and Economic Recovery Act of 2008, and the American
Recovery and Reinvestment Act of 2009, and the Wall Street Reformed Consumer Protection Act
of 2010. The purpose of this chapter is to set forth procedures and standards whereby Indian
River County can acquire foreclosed or abandoned properties using Neighborhood Stabilization
Program (NSP) funds, rehabilitate those properties with NSP funds, and sell those properties to
qualifying low and moderate income households. As such, this chapter provides for:
(1) Establishment of competition and qualification standards for county acquisition,
rehabilitation and sale of foreclosed or abandoned properties in accordance with the
NSP;
(2) Provisions for notice to participants in the NSP;
(3) Establishment of a form and manner to acquire property;
(4) Establishment of negotiation or qualification standards that must be met in order for a
person to buy a property under the NSP;
(5) Establishment of a process to provide notice to potential qualified buyers for NSP
rehabilitated housing.
(Ord. No. 2012-006, § 2. 5-1-12)
11
Section 308.123. Establishment of procedures for county acquisition of foreclosed
or abandoned properties with NSP funds.
(1) The community development director is hereby designated as the person responsible for
administering the county's Neighborhood Stabilization Program. In this capacity, the
community development director shall comply with all procedures in the Community
Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) Housing
Assistance Plan (HAP) and NSP Program Manual (as applicable).
(2) Consistent with NSP guidelines, the county will acquire foreclosed or abandoned properties
to rehabilitate and sell or rent to qualified low and moderate income households. All
properties acquired through the NSP will be located in the designated NSP target area and
will be acquired at no more than ninety-nine (99) percent of current appraised value.
(3) To acquire properties, the county will work with qualified local real estate brokers, financial
institutions, and federal housing agencies. For each potential purchase, the county will
undertake all applicable pre-acquisition due diligence activities. This will involve obtaining
surveys, appraisals, inspections, and title reports, as applicable.
(4) In acquiring NSP properties, the community development director is hereby authorized to
execute purchase contracts, due diligence contract work orders, and other applicable
documents. On a regular basis, the community development director shall provide an NSP
acquisition status report to the board of county commissioners.
(Ord. No 2012-006, § 2. 5-1-12)
Section 308.134. Establishment of procedures for county rehabilitation of
properties purchased with NSP funds.
(1) For each NSP property acquired by the county, an inspection of the property will be
conducted to determine the specific rehabilitation work required. That inspection will be
based on the county's NSP construction specifications document. Based on the inspection
report prepared for the property, a scope of work will be developed, and bid documents will
be prepared.
(2) To procure contractors for NSP rehabilitation work, the county will comply with applicable
NSP regulations and Indian River County Policies and Procedures for CDBG programs and
projects. For each NSP rehabilitation project, the county will solicit bids from those firms on
its list of pre -qualified contractors. A contract will then be awarded to the lowest, most
responsive bidder.
(3) The community development director is hereby authorized to execute rehabilitation contracts
with NSP contractors. Those contractors will be responsible for obtaining all required permits
and completing all items in the applicable scope of work within the timeframe established in
the contract. Once the work is completed and inspected, releases of liens are provided, and
invoices are submitted, the contractors will be paid.
(Ord. No. 2012-006. § 2. 5-1-12)
Section 308.145. Establishment of criteria for the sale of NSP properties that
constitute an alternative property disposition procedure to sections (1) and (2) of
chapter 125.35, F.S.
(1) Pursuant to NSP requirements, the county will sell houses acquired with NSP funds to
qualified low and moderate income households. In so doing, the county will comply with the
resale property disposition criteria in the county's CDBG NSP HAP or NSP Program Manual
(as applicable).
12
(2) To be eligible to purchase an NSP house, a buyer must meet the qualification standards
listed in the HAP. Specifically, a potential buyer must have an income in the low or moderate
income category, have the minimum downpayment amount, and qualify with a financial
institution for a principal mortgage in an amount adequate to purchase an NSP house with
county/NSP gap financing assistance. For each prospective NSP buyer, the county will
conduct an income qualification assessment. NSP houses will then be sold on a first
come/first served basis.
(3) The county will provide notice of intent to sell NSP houses in several ways. These may
include, but not be limited to, newspaper advertisements, brochures, multiple listing service,
and website notice.
(4) Once the rehabilitation of an NSP house is complete, the county will have the rehabilitated
house appraised. The lower of the appraised value or the total of the acquisition,
maintenance and rehabilitation cost of the house The appFaised value will then be the
house's selling price.
Once the selling price is set, the county will sell the house at the
selling price to the first qualified buyer. If, however, a new appraisal indicates that the
house's value is less than the selling price, the house will be sold for the new appraised
value. The manner of acquisition will be by warranty deed from the county.
(5) All sales of NSP properties will comply with the county's comprehensive plan and zoning.
(6) The chairman of the board of county commissioners is hereby authorized to execute deeds
and other documents associated with the sale of NSP properties.
(Ord. No. 2012-006, § 2, 5-1-12)
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