Resolution 1994-148/CWS 94-2
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RESOLUTIon NO. 94- 146
ews NO. 94- 2
KWS NO. 94--3--
GW NO. 94--L
"AItCR 8, 1994
A RESOLUTION ESTABLISHING A HOUSING ASSISTANCE
~ BY PROVIDING AID AND ASSISTANCE FOR
CERTAIN QUALIFIED HOMEOWNERS WHO ARE RESIDENTS
OF COLLIER COUNTY WITH ASSISTANCE IN PAYMENT OF
ANNUAL CHARGES FOR SPECIAL ASSESSMENT LIENS FOR
WATER OR SEWER IKPROVEXENTS; AUTHORIZING THE
EXPEHDlTURl!: OF WATER AND SEWER REVENUES FOR A
SPECIAL ASSESSMENT HARDSHIP PROGRAM; ESTAS-
LISHING ELIGIBILITY REQUIREMENTS; ESTABLISHING
LrKITATIONS; REQUIRING THAT APPLICATIONS BE
FILED BY A DATE CERTAIN; PROVIDING FOR ADMINIS-
TRATIVE DETERMINATIONS OF ELIGIBILITY FOR COUNTY
ASSISTANCE; PROVIDING FOR AN APPEAL mOM A
DETERKINATIOH OF INELIGIBILITY FOR COUNTY
ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE.
1fHEREAB, the Board ot County COlRlIi..ion.r. ot Collier
County in its individual capacity and a. Ex-otticio the
Governinq Board ot the Colli.r County Wat.r-S.v.r Di.trict,
Goodland Water Di.trict and the Marco Wat.r and S.ver Di.trict
(her.inatt.r reCe=.d to a. the "Board") e.tabli.hes special
a.......nt prograas and und.rtakes program. providing improve-
aents in r..id.ntial ar.a. and particularly in subdivisions
dev.loped prior to requirem.nt. tor rea.onabl. mandatory
~ov...nt.; and
1fHEREAB, a .pecial a......ent prograJl provid.. tor the
tundinq ot .uch improvement. through the ..tablishment ot
special assesnent charges and liens in accordance with the
benetit r.c.iv.d by each lot or parcel ot land in the subdivi-
.ion or neighborhood; and
WHEREAS, the Board typically bo=ovs tunds to build such
iJlprov...nt. .ecured by a pledge ot the special assessment
li.ns; and
WHEREAS, to provide tor the etticient admini.tration ot a
program tor coll.cting .pecial as.essm.nt liens, the Board
typically authoriz.. the coll.ction ot special as.....ent liens
in the "Mer provided tor ad valorem taxes as provided in
S.ction 197.3632, Florida Statutes; and
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"AItCR 8, 1994
WHEREAS, the Board has d.t.rmin.d that a limit.d program
ott.rinq a..i.tanc. to low incom. hom.own.r. who Jlay risk
losinq title to th.ir home due to the inability to pay special
.....nent charg.. vh.n du. vould r.li.v. the public trom the
deaan4 and burd.n.OII. co.t. a.sociat.d vith such di.placed
famili.. and hom.own.r.; and
WHEREAS, the Board ot County COJIJIission.r. ot Collier
County has d.t.rmin.d that the allocation ot tund. tor the
eetabU.lment ot the .pecial a.......nt hard.hip program and
that the .pecial a...._.nt hard.hip program a. authorized
h.r.in con.titut.. a valid public purpo..; and
WHEREAS, to the .xt.nt tund. may be allocated, it is the
intent ot thi. R..olution to provide reli.t to certain
quaUtied h01l.ovn.r. who may be at risk ot losing title to
their hoae due to the inability to pay a .pecial assessment
U.n.
WOlf THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COfIKISSIOHERS OF COLLIER COUIITY, FLORIDA, that:
1. Th. Special As...SJlSnt Hard.hip Program a. outline in
Attachm.nt A is h.r.by adopt.d.
Thi. R..olution adopt.d atter 8otion, second and majority
vote tavorinq .ame.
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DATED:.~/.f'~
ATTEST:.
DWIGHT E. BROCK, Cl.rk
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BOARD OF COUNTY COMJrISSIONERS
COLLIER COUIITY, FLORIDA AS THE , . .
GOVERNING BODY OF COLLIER COMY, f
FLORIDA, AND AS EX-oFFICIO THE .......
GOVERNING BOARD OF, THE co'ttI'tR'
COUNTY W SEWER. DISTRICT. . .
GOOD IlATER DISTRICT .AND..THE . .
MARCO ATER AND SEWER/Ill ~ ~:'I""'.
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APProved a. to tora and
leqal suffici.ncy:
H~~. Jvanovth /J 33"
Assi.tant County Attorney j.;;:r"'~ . 0<
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KAltC8 8, 1994
ATTACHMEHT A
'rIB SPECIAL AI.UIXDT IlAAD.BIP nO<iV.K
Bect: ion 1:
Policy and Intent.
Th. int.nt ot this
Proqraa is to provide a proqram ot a.sistance to permanent
reeidents ot Collier County who are living below the poverty
level and are at ri.k ot losing title to their hOll.s a. the
result ot water and s.ver improvements tunded in whole or in
part by special a.......nt lien. impo.ed by Collier County. It
1. the policy of this Board ot County Coeaissioners that this
Prograa be interpr.ted broadly in order to .ttectuat. this
intent.
section 2:
Det1ni tion..
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A. Att.ct.d District _ans the County, Collier County
Water-Sever Di.trict. Karco Water and Sever Di.trict.
or the Gooc1land Water District authorizing the
construction ot the water and/or sever capital
improv...nt.
8, ~ means the Board ot County Coeaisdoners as tha
governinq body ot Collier County and as Ex-ott1cio
the gov.rning Board ot the Collier County Water-Sever
District, the Marco Water and Sever District and the
Goodland Water District.
C. Disabled as used herein .ean. that a person has a
physical or mental impairment vhich substantially
limit. the person. ability to obtain .mployment and
that the person has a record ot having such an
impairment as certitied by at lea.t one physician or
where the applicant has obtained tax ex.mpt status
tor totally and permanently disabled person under
5196.101. Fla.Stats., or be.n tound eligible under
any State or Federal proqraJl applying similar
criteria.
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D. Earnina. or Fami1v Earninas as us.d herein means
adjusted gross earnings and support trOlll all sources,
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KAlteR 8, 1994
including non-taxable sources ot .upport, received by
ell tamily members, including rental revenue.
E. Elderlv mean. a person vho vill be sixty-tive (65) or
older prior to January 1. ot the year in which assis-
tance is granted.
F. Familv a. us.d h.r.in include. husband, wite and
.inor. and related or unrelated individual residing
in a hous.hold who receive more than 50\ ot their
.upport trOll the Family Earnings.
CO, OWner m.ans a) one who holds l.gal or beneticial
title in .quity to r.al property in Collier County;
or b) one who i. the relative ot a decedent vho held
legal title or ben.ticial title to such real property
and has paid all ad valorem taxes on the property in
the prior year.
H. R.lative ..an. one who i. r.lat.d to the owner as
tather, aother. son. daughter. brother. sister.
uncl., aunt, tirst cousin, nephew, niece. husband.
wit., steptather. stepmother, stepson. stepdaughter,
.t.pbrother. stepsister. halt brother or halt sister.
Section 3: Deterral ot SDecial Assessments Authorized.
Th. det.rral ot all or a part ot the annual payments due for
.pecial a.......nt lien tor water and sever capital
improv...nt. ..tablished in accordance vith the terms ot this
PrograJl i. h.reby authorized. In the ev.nt the deterral of a
special assess.ent leads to a shorttall in revenues necessary
to m.et annual debt service requirements. the Board shall,
through the use wat.r and s.wer revenue. collected vithin the
att.cted di.trict tund the .horttall. A.si.tanc. .hall be
ba..d upon the total tamily income. as adju.ted to reflect
tamily .iz..
section 4: Eliaibilitv Reauirements. Eligibility
requirem.nts .hall include the tollowing minimuJl criteria and
such additional criteria as may trom time to time be estab-
li.h.d by the Boa':p~.3 3 . f
KAItCR 8, 1994
A. The occupant is the owner ot the property and is
enti tled to claiJl homestead tax exemption under the
Constitution ot Levs ot Florida. Proot ot obtaining
homestead tax exemption or certitication ot eligibil-
ity tor homestead tax exemption by the Property
Appraiser tor Collier County shall establish tultill-
ment ot this requirement. but shall not preclude the
establishment ot criteria by the Board ot County
C01IIaissioners that would permit the granting ot
assistance where the occupant is the elderly parent
ot the owner, a relative ot the owner who is disabled
or an heir or relative ot a deceased owner.
B. All ad valorem taxes on the property have been paid
or the owner has obtained a homestead tax deterral.
C. The owner is prepared to pay. or qualitied to obtain
a hoasstead tax deterral tor the current ad valorem
taxe. when due.
D. The property is not the subject ot pending or threat-
ened toreclosure action and that no mortgage or other
encumbrance creating a lien against the property is
in detault.
E. A lIlt'orn stat8llent ot the owners intent to remain
qualit1ed tor hOllestead exemption except where the
homestead exemption requirement is not applicable and
that the property is not encumbered by a contract tor
sale at the time ot the applications.
F. Allowable tamily earnings shall be at or below the
levels established trom time to time. based upon the
poverty level guidelines published by the Federal
Governllent. Such criteria shall be used as guide-
lines and tor the initial determination ot eligibil-
ity provided however. any such determination shall be
subject to the li.itations set torth in this
Resolution. Until amended by the Board ot County
Coeaissioners the earnings criteria shall be as
established in Exhibit "A" attached hereto.
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"AItCR 8, 1994
Section 5: Limitation.. Annually, the Board. in it.
sol. di.=.tion. .hall d.termin. the a.ount ot assess.ents
vithin the att.ct.d di.trict to be deterred until the property
is transt.rr.d to another own.r. The provision ot assistance
in any on. y.ar .hall in no way ..tabli.h a right or
.ntitl...nt to such a..i.tanc. in any .ub.equent y.ar. As .oon
a. pos.ibl. att.r the deadline tor .ubmi..ion ot applications
and tiling appeal., the County Admini.trator shall advise the
Board ot the approximate det.=al neces.ary. It the a.ount
approv.d 1. in.uttici.nt to provide a.sistanc. to all owners
who are .ligible. a..i.tanc. .hall be grant.d to the .ligibl.
own.r. vith the lowe.t earning. based upon con.id.ration ot
taaily.
Th. d.te=ed a......ent. .hall be repaid to the County
upon the .al. or tran.f.r ot the property .ubject to the
........nt to another owner or at the tim. the OWner no longer
qualities tor a..i.tanc., which.ver occur. tir.t. It r.payment
1. trigger.d by the .al. or tran.ter ot the property. the
deterred a.......nt mu.t be i..ediately repaid. It the
r.paym.nt i. trigg.r.d by the OWner no longer qualifying tor
a..i.tanc., inter..t .hall accrue on the d.t.rred a..e...ent.
at the .a~. rat. a. the rat. being charged to all property
own.r. within the a....SII.nt proj.ct until the tull a.ount ot
the det.rred a......ent i. repaid. Intere.t shall begin
accruing at the ti.. the OWner no long.r qualities tor
...i.tanc.. The .al. or tran.ter ot the property to a fa.ily
aeaber re.iding with the own.r at the ti.o ot transter shall
not trigger the repayment ot the deter~ed a..e.s.ent; provided
that. the new owner ...t. the def.rral guideline..
Section 6: Sun-ission ot ADolication Reauired and
Deadlin.. ~.tabli.hed.
A. Submi..ion. Reauired:
A hOll.own.r wi.hing to obtain a..i.tance under
the Sp.cial A.......nt Hard.hip Program .u.t .ubmit
an application on a torm prescribed by the County and
turni.h.d by the County Administrator, or his
KAI.CB 8, 1994
designee. The application torm shall be signed upon
oath by the applicant betore an otticer authorized by
the state to administer oaths. The applicant shall
be required to provide such other evidence and
documentation as dee.ed necessary by the County
Adainistrator or his designee in considerinq the
application, including but not limited to. an
attidavit at all !a.ily earnings and support. The
subl8ission ot talse. misleading or incomplete
applications and the !ailure to provide appropriate
dcx:u.entary evidence in support ot an application
prior to the deadline tor the submission ot an
application shall constitute grounds tor denial ot
the application.
B. Aoolication Deadlines: C~plete applications and
dcx:u.entation must be submitted by June 1 ot the year
preceding the tax year in which assistance is sought.
The tirst year assistance will be available is the
1994 tax year. Thus, cOIIplete applications lllUst be
received prior to June 1. 1994.
Secticn 7: Administrative Determination ot Ellai-
bil1tv. The County Ac1ainistrator shall asa1qn the responsi-
bility tor reviewing applications to appropriate stat!; who
shall be responsible tor advising applicants ot the need tor
ac1ditional evidence and documentation and providing applicants
with notice ot the tinal statt determination ot the applicants
eligibility status and the right to appeal the determination.
Anyone wishing to appeal the statt determination ot
ineligibility may do so by requesting a hearing betore the
Board within titteen (15) days atter a notice ot the
determination ot the stat! determination ot eligibility. An
applicant will be notified ot a time and date at which their
appeal will be considered by the Board vhich date shall be no
sooner than seven (7) days atter the tiling ot an appeal. The
Board shall not be required to consider any evidence or
dcx:u.ents not presented tor review by statt but eay, in order
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"AItCR 8, 1994
to tultill the purpo.e. ot thi. Program, requ..t and receiv.
a4ditional evidence and te.timony in order to ettectuat. the
purpose. ot this Program.
Section 8: Violation. and Penalties. The submi..ion of a
tal.. or traudul.nt application or talse or traudulent documen-
tation in support ot an application shall constitute a viola-
tion ot this Program. Upon tinding that a..istance has been
granted ba.ed upon a traudulent application or an application
containing traudul.nt, tal.e or misleadinq intoraation, the
Board aay act to collect a sp.cial a.......nt tor vhich
...iatence va. granted. Hothinq herein shall prohibit Collier
County trOD ex.rcising oth.r remedies available under the Lavs
ot Florida.
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-, HARCH 8, 1994
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