Resolution 2000-445
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RESOLUTION NO. 2000 . .!!.5
A RESOLUTION ESTABLISHING A POLICY TO
CONSIDER REQUESTS TO RELEASE COUNTY
LIENS ASSESSED ON PRIVATELY OWNED
PROPERTY THAT HAS BEEN DONATED TO NON-
PROFIT ORGANIZATIONS FOR AFFORDABLE
HOUSING.
WHEREAS, currently there are approximately 400 unpaid liens that have been filed by
the Code Enforcement Department; and
WHEREAS, many of these unpaid liens are on the same properties that are delinquent in
their taxes and become subject to a tax deed; and
WHEREAS, the County Manager's Office has received inquiries from property owners
who acquired land through a tax deed sale regarding the possibility of donating such land to non-
profit organizations; and
WHEREAS, donation of such property becomes an attractive option when the liens on
the property exceeds the value; and
WHEREAS, the Collier County Board of Commissioners believes a policy to release
liens assessed on privately owned property which has been donated to non-profit organizations
for affordable housing is a reasonable option to encourage the development of isolated nuisance
lots; and
WHEREAS, the Collier County Board of Commissioners also believes this policy will
provide an incentive for the donation of such properties to non-profit organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners hereby adopts a policy to consider requests to
release liens assessed on privately owned property that has been donated to non-profit
organizations for affordable housing. The procedure to be followed for submission of a request
to release liens is as follows:
I. The County Manager, or designee, will review requests to release liens up to $5,000
per property and make a recommendation to the Board of County Commissioners, as
a Consent Agenda item, to release the lien. The request must be submitted in writing
and must identify the following: a description of the number of units to be
constructed; the targeted population to be served by these unit(s); the proposed selling
price or monthly rent; and a description as to how the proposed development will
enhance the surrounding neighborhood.
2. Request for release of liens in excess of $5,000 will be submitted for the Board of
County Commissioners' consideration as a regular agenda item. A written request
must be submitted by the organization including a description of the number of units
to be constructed; the targeted population to be served by these unit(s); the proposed
selling price or monthly rent; and a description as to how the proposed development
. .
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will enhance the surrounding neighborhood. An executive summary will be prepared
identifying the information submitted for the Board's consideration. The Board may
choose to release the entire amount or portion thereof.
3. If the County approves the request, the applicant will execute a contract with the
County to ensure that the proposed development is constructed according to the
affordable housing guideline or other agreed upon terms. Default on the terms of the
contractual agreement with the County will result in the lien amount being repaid to
the County.
The property must be transferred to the non-profit organization prior to any request to
release liens.
At no time will the County be obligated to obtain title to these properties as part of this
policy.
Many of these properties may have multiple liens placed on them by agencies other than
the Board of County Commissioners. In these cases, in order to clear title of the property the
Board may release its liens and use up to $5,000 of State Housing Initiative Program (SHIP)
Funds to satisfy the liens placed by other entities. If the liens placed on the property by other
entities exceed $5,000, it will be the property owner's responsibility to satisfy the balance.
If a lien were released, the funds expended by the County to correct the code violation, which
prompted the lien, would be considered a gift if alternative funds are not identified to replenish
the fund.
BE IT FURTHER RESOLVED, that:
The Board of County Commissioners will only consider requests for release of liens that
will increase affordable housing opportunities for the citizens of Collier County; and will only
consider proposals submitted by not-for-profit (non-profit) organizations, provided the planned
development meets the County's affordable housing goals. Affordable housing shall be defined
as housing for persons with household income at 80 percent of median or below (in accordance
with current HUD guidelines).
This Resolution adopted after motion, second and majority vote favoring same.
DATED: /Vov',u'nb.t.r J..'j ~()(j
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"',,', ATTEST:
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R ert N. Zac
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI~~A
James rY. Carter, Ph.D., Chairman
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