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Resolution 2000-445 SA 2 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 . . 8A 2 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 / "',,', ATTEST: ,i:::"'~":}':."".':, ~'. I{-a:' ~., .~ ~'1d'bt1 D /1 ~:~': ~~~..:. :L4I?: "_). J~. L. --~~Af;i.~t: .' Bt.ock, Cl rk. '.:t1'" ... to Qtt__ . ':f"~.U"f.. .~tl~ 'f\~~i>P'?':!'~" to form ~d 1'~' ~ R ert N. Zac Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLI~~A James rY. Carter, Ph.D., Chairman 2