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Ordinance 2001-064ORDINANCE NO. 2001 AN ORDINANCE OF COLLIER COUNTY, FLORIDA AMENDING THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, AS AMENDED AND CODIFIED BY COLLIER COUNTY ORDINANCE NO. 2000-69, AMENDING VARIOUS SECTIONS OF ARTICLE V. OF CHAPTER 114, PERTAINING TO COLLIER COUNTY'S S.H.I.P. DOWN PAYMENT & CLOSING ASSISTANCE PROGRAM; AMENDING THE POLICY GUIDELINES AND ADMINISTRATIVE PROCEDURES TO INCREASE THE PROGRAM LOAN AMOUNT TO $7500; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida State Legislature enacted the William B. Sadowski Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq., as a comprehensive funding package for state and local housing programs to better enable local governments to meet their responsibilities for affordable housing in accordance with their comprehensive plans; and WHEREAS, pursuant to the Act, the State has allocated a portion of new and existing documentary stamp taxes on deeds (the "SHIP" funds).to local governments for development and maintenance of affordable housing; and ~,~ WHEREAS, Collier County (the "County") has adopted Ordinance No~93-10, as' amended, providing for a Local Housing Assistance Plan; and r.-- WHEREAS, the County by County Ordinance No. 94-59 adopted a Payment/Closing Cost Assistance Program consistent with the Local Housing Plan; and Down WHEREAS, the County, by County Ordinance No. 2000-69 amended the Down Payment/Closing Cost Assistance Program; and WHEREAS, the provisions of the above-referenced ordinances have been codified as part of Article V of Chapter 114 of the Collier County Code of Laws and Ordinances; and WHEREAS, the County desires to amend the codified Down Payment/Closing Cost Assistance Program provisions to better function in the home lending environment; Page 1 of !0 Underlined text is added; e .... t. 0~. ..... ~. ......... ~,,, text is deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: OF COUNTY SECTION ONE. Section 114-91 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-91. Introduction. In April of 1993, the Local Housing Assistance Program, (Collier County Ordinance No. 93-19, as amended by Ordinance No. 93-33) was adopted by the Collier county Board of Commissioners. This plan was designed for the purpose of establishing local administration of the State Housing Initiatives Partnership Program. (S.H.I.P.) The primary goal of this legislation is to in-crease the availability of affordable housing to very Iow and Iow-income persons and families in Collier County. Very Iow and Iow income persons are defined is Collier County Ordinance No. 93-19, and further amended by Collier County Ordinance No. 93-31 as follows: (1) Low-income person means one or more natural persons or a family, not including; students, that has a total adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater...--~p~l~ (2) Very-low income person means one or more natural persons or a family, not including students, that has a total adjusted gross household income that does not exceed 50 percent of the median adjusted gross annual income for households within the state or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater --, ~ ..... ~ I"" ""'/' Income data for the Naples Metropolitan Statistical Area is supplied by the United States Department of Housing and Urban Development (IFIUD), applicable to all of Collier County, and updated annually. The definition for "annual in-come" is found in 24 CFR, Section 813.106. Section IV of the Local Housing Assistance Program states that several different strategies will be employed for the administration and disbursement of S.H.I.P. funds. Strategy 13, found on page 11 stipulates that a portion of the funds be distributed through a down payment/closing cost assistance program for very Iow and Iow income first time homebuyers. This strategy is more particularly described in Section VII C., paragraph a. The Collier County S.H.I.P. Down Payment/Closing Cost Assistance Program has been designed using this strategy as a framework, and conforms to all rules and guidelines governing the Page 2 of lO Underlined text is added; £*-".'.c~ t?.-c~:g~ text is deleted. distribution of these funds. Assistance provided in conjunction with this program will be awarded to qualified applicants in the form of a zero percent interest, deferred payment loans of up to.,... , ....... ....'= c nnn nn $7,500.00 for the purpose of down payment/closing cost expenses and reha- bilitation or emergency repairs to the subject dwelling unit. The note, with a total of up to.....,.........v...¢~ nnn nn $7,500.00 will be secured by a second mortgage payable to the Affordable Housing Trust Fund, Fund 191, payable upon the sale of the dwelling unit, refinance, or loss of homestead tax exempt status." SECTION TWO. Section 114-93 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-93. Eligibility criteria; down payment/closing cost assistance. (a) Applicants will be recommended for this program through participating members of the Collier County Banking Partnership, and other non-profit organizations committed to meeting the credit and housing needs of the entire community. Additionally, S.H.I.P. guidelines stipulate that the program and availability of funds be advertised in both newspapers of general circulation and periodicals serving ethnic and diverse backgrounds. ........................................ u,.,u ........ will .......,..,"'"' ..... ,,'"', ....6"' ....,,~"';"'",,~, tho Aapplicants_ will be pre-screened by participating lenders in regards to total annual household income, credit history, and capacity to repay. Applicants will be asked to sign appropriate releases enabling the financial institution to provide such mortgage related information to the Collier County Department of Housing and Urban Improvement. Evide~ h~--,.=,,-~ ~,.,~ ~,-,,-,~ ; ............ ~, ...... ,;,,~,, .... ;' ~'~" ~'" required (c) Applicant eligibility. Applicants will be required to disclose the number of occupants expected to reside in the subsequent dwelling unit, as well as their anticipated gross annual incomes. Eligibility will be based on the following set limits for gross annual income based on median figures established in January of 2000, provided by the U.S. Department of Housing and Urban Development (HUD): 1 2 3 4 5 6 7 8 person .................................. $33,100.00 persons .................................. 37,800.00 persons .................................. 42,550.00 persons .................................. 47,300.00 persons .................................. 51,050.00 persons .................................. 54,850.00 persons .................................. 58,650.00 persons .................................. 62,400.00 The above limits are reflective of the maximum income allowed; adjusted for family size, under the designation of Iow income household. These limits are subject to change on an annual basis. Page 3 of 10 Underlined text is added; S*,",:ck .'5,-cu&5 text is deleted. (d) Dwelling unit restrictions. This program is designed to assist in the purchase of single-family houses, duplexes, or condominium units only. The maximum sales price allowable will be ~ $130,000.00 for existing homes and ~n~'~nn ~130,00.00 for new construction, or as amended by the state of Florida S.H.I.P. regulations. Beneficiaries must claim the subject dwelling unit as their homestead. (e) First time homebuyer status. In order to qualify for the program, applicant(s) must not have owned a home for a minimum of the most recent three consecutive years. Verification of first time homebuyer status will be documented in the participant(s) permanent file." SECTION THREE. Section 114-95 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-95. Required documentation payment/closing cost assistance. for down (a) The following documentation will be required of all beneficiaries of this program. Documentation required for rehabilitation emergency repair assistance will be detailed in the following section. Packets will be available through the county department of housing and urban improvement and at local lending institutions. (1) Sa/es contract. A copy of the fully executed sales contract and loan application (Fannie Mae) will be required from the applicant(s). The sales contract will verify the listed seller, sales price, and proposed closing date. The sigP, ed application will establish borrower information that will be further verified by other supporting loan documentation. A copy of the sales contract and application will be maintained in the borrowers permanent file. (2) Reservation form. Requests for reservation of funds will be made by the first mortgage lender through the use of this document. Information contained in the form relates to the borrower(s), financial institution and subject dwelling unit. It will be the responsibility of the first mort- gage lender to provide a completed copy of this form to the county department of housing and urban improvement in order to initiate the qualification process. A copy of the reservation form will be maintained in the borrower's permanent file. (3) Certification of financial institution. The officer of the financial institution underwriting the first mortgage loan will be required to execute this combined form before a notary public. The following in-formation will be verified through the use of this form: a. Current annual family income. b. That all information regarding the applicant is Page 4 of 10 Underlined text is added; £',".'.c5 ',~'c;~g?, text is deleted. true and correct. c. That processing fees and closing costs paid by the mortgagor are reasonable and customary. That all loan funds will be applied to the required down payment/closing cost or rehabilitation repair, and that the borrower not receive any loan funds in cash. A copy of the combined certification of participant/certification of financial institution will be maintained in the borrower's permanent file. (4) Mortgagor's certification and past residence. Applicant(s) must not have owned any home for a minimum of three consecutive years in order to qualify as first time homebuyers. This document can be used as verification of residence for the past three years, as well as providing information regarding current amount of rent, and current landlord. A copy of the mortgagor's certification and past residence will be maintained in the borrower's permanent file. (5) S.H.I.P. income certification. This form is required documentation for any program utilizing the S.H.I.P. monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the S.H.I.P. income certification form will be maintained in the borrower's permanent file. Affidavit of no income change. Pdcr tc c:G,-,:,-,g thc ,,,,,,-,,~,.,, .... ,,, ,h,, h ........ "'"'°~ ...... *"' If the applicant's closing date is more than sixty (60) days after the date of S.H.I.P. approval then the borrower must execute this form in order to verify that there has been no increase in household income since originally qualifying for buyer assistance through this program. (7) Promissory note. The promissory note will detail the loan agreement established between the borrower and the Affordable Housing Trust Fund, relating to the funds for down payment/closing cost assistance and rehabilitation/emergency repair. The note will include details of the loan including, but not limited to: a Borrower's promise to pay; b. Interest and payments; c. Borrower's right to repay; d. Charges; e. Subordination; f. Borrower's failure to pay as requested; Page 5 of 10 Underlined Icxt is added; £'.".'-ck '..hrcug5 text is deleted. g. Obligation of persons under this note; h. Waivers; Uniform secured note; ........ , ,a,=, The original promissorg note is to be maintained on file in the county's department of housing and urban improvement, and a copy will be maintained on file in the county's finance department. (8) Second mortgage. The second mortgage will be used as the security instrument for the promissory note, and will be recorded by the Collier County Clerk of the Circuit Court. The original recorded second mortgage will be held in the borrower's permanent file, in the Collier County Department of Housing and Urban Improvement. Payment of fees associated with the recording of this document will be the responsibility of the borrower. (9) Third party verification. Third party verification of income will be necessary whenever the applicant states that any part of the household income is derived from public assistance, a government agency, ;,',,- ...... '~"'~*;'"'" assets, or for formal verification of employment. The following sources of income will require formal third party verification by the financial institution underwriting the first mortgage loan: Including but not limited to, military payment, social security benefits, public assistance, pension and annuities, unem- ployment benefits, Veterans Administration benefits, educational assistance, income from business, recurring cash contributions, cl'iild support, and assets on deposit. (b) This income verification information maybe represented on either Collier County S.H.I.P. forms or other documentation supplied by the lender used for underwriting purposes. While formal, written third party verification is always preferable, a memorandum to the file documenting the conversation with the third party will be acceptable. In such a case it is extremely important to specify the date, contact person, phone number, and address of the third party the conversation is conducted with." SECTION FOUR. Section 114-97 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-97. Monitoring of rehabilitation emergency repair work including goods purchases. (a) Information regarding the nature of the rehabilitation/emergency repair work to be performed or goods to be purchased will be compiled by the homebuyer. Abatement or Page 6 of 10 Underlined text is added; e,-...~. ,k .... ~. ......... r:,-. text is deleted. correction of health and safety housing code violations are to be given priority over any rehabilitation work, addition of living space, or goods purchase. (b) For goods identified to be purchased, the borrower must submit a price quote to the county housing and urban improvement department for approval prior to purchase. (3~me ~ This estimate is to be approved b~ the borrower and a representative from the HUI Depadment prior to purchase or deliver. Therea~er, the housing and urban improvement depadment may inspect the borrower's home for the approved goods to provide reasonable assurance that the approved goods were delivered and are in good working order. No funds will be disbursed prior lo verification by the depadment housing and ur- ban improvement and inclusion of an itemized delive~ slip or invoice from the approved goods supplier. (c) Rehabilitation/emergency repair work. (1) For rehabilitation/emergency repair work not requiring a building permit, the borrower has the option to either perform the rehabilitation work as an owner/builder, or to contract with a tradesman holding a certificate of a competency in the specific trade corresponding to the type(s) of rehabilitation work be to performed. (2) For work requiring a building permit the borrower will be responsible for the selection of a licensed contractor who must perform the rehabilitation/emergency repair work. The contractor or tradesman who is selected must supply a detailed written estimate to the borrower ~.,.,,.,m;,.,;,,~ ............ ~ an (3) Borrowers performing their own rehabilitation repair work must also submit a detailed cost estimate of materials to be purchased which must be approved by the county's department of housing and urban improvement prior to commencement of rehabilitation work. (4) A copy of the approved estimate will be maintained in the borrower's permanent file. Monitoring of the work to be performed by a tradesman or contractor will be the responsibility of the borrower. Contractual agreements made will be between the borrower and tradesman contractor. The county's department of housing and urban improvement will be provided with a copy of the signed contract and approved estimate for rehabilitation/emergency repair work, which will be maintained in the borrower's permanent file. Page 7 of 10 Underlined text is added; e .... ~ n. .....~' text is deleted. (5) (6) Upon completion, any work requiring a building permit to be performed will be inspected by the county permitting and review department. All work performed not requiring a building permit and not requiring an inspection by the county permitting and review department may be inspected by the housing and urban improvement department to provide reasonable assurance that such work has been satisfactorily completed. No funds will be disbursed prior to verification of satisfactory completion of rehabilitation/emergency repair work by the county's building and review or housing and urban improvement department and inclusion of an ~ final invoice from a material or goods supplier and/or contractor or tradesman submitted to the county housing and urban improvement department." SECTION FIVE. Section 114-98 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-98. Required documentation for rehabilitation/emergency repair including goods purchases. (a) The following documentation will be required of all participants eligible, for rehabilitation/emergency repair loans: (1) Contractor/tradesman's, or materials, or goods purchase estimate. All work that is to be performed must be listed on this .f.orm. detailk~ copy of the approved estimate will be maintained in the borrower's permanent file. This form must be delivered to a representative of the county's department of housing and ur- ban improvement prior to the commencement of any rehabilitation/emergency repair work. Rehabilitation/emergency repair loans under this program will be made up to a maximum of $2,500.00. (2) Physical inspection. A copy of all required physical inspections conducted by the county permitting and review, or housing and urban improvement department will be maintained in the borrower's permanent file. A copy of these inspections will be provided to the county finance department. Second mortgage. As described in the section detailing documentation required for down payment/closing cost assistance, the second mortgage will be used to secure the promissory notes. The second mortgage will be recorded by the Collier County Clerk of Page 8 of l 0 Underlined text is added; S'.--ack ',hrc'agh text is deleted. the Circuit Court. The original recorded second mortgage or evidence the second mortgage was recorded will be maintained in the borrower's permanent file in the county's department of housing and urban improvement. Fees associated with the recording of this document are to be paid by the borrower." SECTION SlX. Section 114-99 of Article V of Chapter 114 of the Collier County Code of Laws & Ordinances, as amended, is hereby amended to read as follows: "Sec. 114-99. Procedure of loan closings and the disbursement of funds. (a) The lender underwriting the first mortgage will make a formal request for the reservation of S.IH.I.P. funds by contacting the Collier County Department of Housing and Urban Improvement. Reservation requests should be made a minimum of thirty days prior to the contract closing date, and substantiated through the use of the Reservation Form detailed in the section describing required documentation. At this point, funds will be reserved, and the applicant will be assigned a file number. It will be asked that all completed Program documentation be provided for the purposes of verifying the applicant's eligibility, and to initiate the disbursement process. (b) The Collier County Purchasing Department will be notified of the request for funds through a requisition, and a separate Purchase Order will be issued for each borrower. Loan funds for Down Payment/Closing Cost Assistance will be issued in the form of two payee checks, payable to the borrower/closing agent. Receipt of these funds will be verified by the closing agent, and further evidenced on the formal Settlement Statement, a copy of which will be maintained in the borrower's permanent file. Copies of all down payment assistance checks issued are to be kept in the borrower's permanent file. Funds disbursed for Rehabilitation/Emergency Repair will b._~e disbursed to the contractor, tradesman, business establishment, or homeowner only after submission of the invoice and a satisfactory inspection report, if required. (c) A representative of the Collier County Department of Housing and Urban Improvement will be present at loan closings whenever possible. The representative will verify that all mortgage and supporting documents have been exe- cuted properly, and that the second mortgage be recorded by the Collier County Clerk of the Circuit Court. The recorded second mortgage or evidence of recordin.q, will then be kept on file in the Collier County Department of Housing and Urban Improvement. The completed borrower's file will contain copies of all documentation received from the first mortgage lender in addition to the S.H.I.P. funds provided by this program, for the purposes of establishing a complete audit trail." Page 9 of 10 Underlined text is added; £°-",:ck ',?,,rc',:gh text is deleted. SECTION SEVEN. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION EIGHT. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION NINE. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. ' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this,/,~;;O day of "~~ 2001. ATTEST: Dwight E. Brock, Clerk Deputy Cler~,' Att. est &~ to Chatr'~n'$ Approved as ~o form and legal sufficiency: Patrick G. ~ite, Assistant County A orney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FL.~/~I?A James D. Carter, Ph.D., Chairman This ordlnonce flied with the S~cr~etary of State's Office the IV--_ dw of a~ acknow~edgemeDt,..~,/ th~ fllin," ~aivecl .thiseLY ~ c~zy Page 10 of 10 Underlined text is added; S*.'".:c'.; ~.~c;:g.h text is deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2001-64 Which was adopted by the Board of County Commissioners on the 13th day of November, 2001, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of November, 2001. DWIGHT E. BROCK .~...% '::,:;. Clerk of Courts and Ex-officio to Board County Commissioner~Z · ; -. .~{.,,,. /~:,,: By: Ellie Hoffman, ~";"~ ~' ~'~'' Deputy Clerk