Chapter 114 - Social Services Chapter 114
SOCIAL SERVICES*
Article I. In General
Secs. 114-1-114-25. Reserved.
Article II. Reserved
Secs. 114-26-114-55. Reserved.
Article III. Collier County SHIP Local Housing Assistance Program
Sec. 114-56. Title and citation.
Sec. 114-57. Definitions.
Sec. 114-58. Establishment of the Local Housing Assistance Program.
Sec. 114-59. Establishment of a Local Housing Assistance Trust Fund.
Sec. 114-60. Designation of responsibility for implementation.
Sec. 114-61. Establishment of an Affordable Housing Advisory Committee.
Secs. 114-62-114-70. Reserved.
Article IV. Owner-Occupied Rehabilitation Program
Sec. 114-71. Program description.
Sec. 114-72. Definitions.
Sec. 114-73. Administration.
Sec. 114-74. Homeowner contractual relationship with County.
Sec. 114-75. Determination of rehabilitation needed.
Sec. 114-76. Contractor selection.
Sec. 114-77. Administration of residential rehabilitation.
Sec. 114-78. Inspection(s)of rehabilitation work.
Sec. 114-79. Method of payment for rehabilitation work performed.
Sec. 114-80. Disaster waiver.
Secs. 114-81-114-90. Reserved.
Article V. S.H.I.P.Down Payment/Closing Cost Assistance Program
Guidelines and Procedures
Sec. 114-91. Introduction.
Sec. 114-92. Marketing;outreach.
Sec. 114-93. Eligibility criteria;down payment/closing cost assistance.
Sec. 114-94. Administration of down payment/closing cost assistance and
rehabilitation/emergency repair.
Sec. 114-95. Required documentation for down payment/closing cost assistance.
Sec. 114-96. Rehabilitation/emergency repair;eligibility criteria.
Sec. 114-97. Monitoring of rehabilitation/emergency repair work including
goods purchases.
Sec. 114-98. Required documentation for rehabilitation/emergency repair
including goods purchases.
Sec. 114-99. Procedure of loan closings and the disbursement of funds.
*Cross references-Health facilities authority,§2-846 et seq.;housing finance authority,§2-866 et seq.;affordable housing
commission,§ 2-966 et seq.;community development,ch. 42;public guardianship programs, §46-2;family mediation service,
§46-3;health and sanitation,ch. 66;children's support services district,§ 122-1601 et seq.
State law references-Authority to provide welfare programs, F.S. § 125.01(1)(e); social welfare generally, F.S. chs.
409-523.
Supp. No. 91 CD114:1
SOCIAL SERVICES § 114-61
ARTICLE I. IN GENERAL Florida Administrative Code, adopted herein by
reference, as they may be amended or replaced
Secs. 114-1-114-25. Reserved. from time to time.
The County shall implement the program
ARTICLE II. RESERVED* within the unincorporated boundaries of Collier
County and may enter into an interlocal agree-
ment with municipalities. The strategies of the
Secs. 114-26-114-55. Reserved. program will be set forth in the County's SHIP
local housing assistance plan.
ARTICLE III. COLLIER COUNTY SHIP (Ord. No. 2013-27, § 3)
LOCAL HOUSING ASSISTANCE State law reference—Local housing assistance programs,
F.S. §420.9075.
PROGRAMt
Sec. 114-59. Establishment of a local hous-
Sec. 114-56. Title and citation. ing assistance trust fund.
This Ordinance shall be known and cited as Pursuant to the requirements F.S. § 420.907,
the "Collier County SHIP Local Housing the County hereby reaffirms establishment of a
Assistance Program Ordinance". Local Housing Assistance Trust Fund within the
(Ord. No. 2013-27, § 1) official and fiscal accounting office of the County
as originally established on April 13, 1993, by
Sec. 114-57. Definitions. Ordinance No. 93-19. The County's local hous-
ing assistance trust fund shall be separately
For the purposes of this Ordinance,the defini- stated as a special revenue fund in the county's
tions contained in F.S. § 420.9071 and Rule audited financial statements. Copies of such
67-37.002, Florida Administrative Code, as they audited financial statements shall be forwarded
may be amended or replaced from time to time, to the Florida Housing Finance Agency.
are adopted herein by reference.
(Ord. No. 2013-27, § 2) All moneys received from the state pursuant
to the State Housing Initiative Partnership(SHIP)
Sec. 114-58. Establishment of the local Program and any other funds received or budgeted
housing assistance program. to provide funding for the Local Housing
Assistance Program shall be deposited into the
The Local Housing Assistance Program is Collier County Local Housing Assistance Trust
hereby created and established to implement the Fund.
requirements of F.S. § 420.907 and Rule 67-37, (Ord. No. 2013-27, § 4)
State law reference—Local housing assistance trust
*Editor's note—Ord. No. 94-55, § 1, adopted Oct. 11, fund,F.S. §420.9075(5),(6).
1994,repealed Art. II,§§114-26-114-33,which pertained to
the pocket of poverty review committee. See the Code Sec. 114-60. Designation of responsibility
Comparative Table. for implementation.
tEditor's note—Ord. No. 2013-27,§§1-7,adopted Apr.
9,2013,repealed the former Art. III.,§§114-56-114-64,and Division of Community and Human Services
enacted a new Art. III as set out herein. The former Art. III, Division shall be primarily responsible for
was entitled "Housing Initiatives Partnership (SHIP) implementation and administration of the local
Program", and derived from: Ord. No. 93-19, §§I—IX;Ord. housing assistance program.
No. 93-33,§I;Ord.No. 95-13,§1,3-21-95;95-32,§§1,2;and
Ord. No. 04-55, §3. (Ord. No. 2013-27, § 5; Ord. No. 2020-27, § 5)
Cross references—Housing finance authority,§2-866 et
seq.; dangerous buildings, § 22-226 et seq.; housing code, Sec. 114-61. Establishment of an Afford-
§ 22-256 et seq.;fair housing, § 70-26 et seq.;planning, ch. able Housing Advisory Com-
106. mittee.
State law references—State Housing Initiatives Partner-
ship Act, F.S. § 420.907 et seq.; local housing assistance The Affordable Housing Advisory Committee
programs and partnerships, F.S. §420.9075. is created and established in accordance with
Supp. No. 91 CD114:3
§ 114-61 COLLIER COUNTY CODE
F.S. §420.9076 and County Ordinance No. 01-55, The committee shall meet at least annually
Standards for the Creation and Review of Boards. and submit a report to the local governing body
In the event of a conflict, the provisions of F.S. that includes recommendations on,and annually
§ 420.9076 shall apply. thereafter evaluates the implementation of,afford-
Duties of the advisory committee are provided able housing incentives as required by F.S.
§§ 420.9076(4)(a)—(k).
in F.S. §§ 420.9076(2)(a)—(k) adopted herein by
reference, as they may be amended or replaced The Board of County Commissioners may
from time to time. sunset or suspend meetings of the committee
upon submission of the annual Incentive Report
Appointments to the Affordable Housing and reconvene no later than March 2 of each
Advisory Committee will be made in accordance year the Incentive Report is due. The committee
with the membership requirements of F.S. will be staffed by Community and Human Services
§ 420.9076, including joint appointments to Division staff in accordance with F.S.
prepare a joint plan when a participating § 420.9076(9).
municipality enters into an interlocal agreement (Ord. No. 2013-27, § 6; Ord. No. 2020-27, § 6)
to administer its program. Cross reference—Boards,commissions,committees and
authorities, §2-816 et seq.
The committee shall consist of one locally
elected official from the county or municipality Secs. 114-62-114-70. Reserved.
participating in the State Housing Initiates
Partnership and up to ten(10)other members as
required by F.S. §§420.9076(2)(a)—(k),appointed ARTICLE IV. OWNER-OCCUPIED
by Resolution of the Board of County Commis- REHABILITATION PROGRAM*
sioners on an as needed basis. The locally elected
official shall comply with requirements set forth Sec. 114-71. Program description.
in F.S. § 420.9076. The term of service for all
members shall be for three (3) years or at the The purpose of this policy is to establish
discretion of the Board. Appointment and removal administrative procedures and program guidelines
of members from the Affordable Housing Advisory for the SHIP Owner Occupied Rehabilitation
Committee shall be in accordance with the provi- Program. The program provides for repairs or
sions of the Collier County Ordinance No. 2001 improvements necessary for safe or sanitary
55, as it may be amended, or its successor habitation, correction of substantial code viola-
ordinance. tions or addition of handicapped accessible items.
All units rehabilitated with the funds provided
Six (6) members shall constitute a quorum from the local housing assistance trust fund
sufficient to permit the committee to take any must be occupied by very-low, low- or moderate
formal action. However, if formal action is not income persons.
taken,the committee may meet to hear presenta Loans are limited to a maximum amount as
tions with less than a quorum in attendance, if established in the applicable LHAP. NOTE:
the meeting is duly noticed. Special Exception: The Director may obtain
A majority of concurring votes of the entire approval of the Board of County Commissioners
membership of the committee shall be necessary on a case by case basis for subsidies above the
for a decision or recommendation by the commit- established levels to accommodate a special needs
tee. housing
The committee may elect a chairperson or *Editor's note—Ord. No. 2014-29, § 4, adopted July 8,
presiding officer. 2014, amended Art. IV in its entirety to read as herein set
out. Former Art. IV, §§ 114-71-114-78 was entitled
The committee members serving immediately "Residential Rehabilitation Program", and derived from:
prior to this Ordinance's adoption shall fulfill Ord. No. 94-39,§3;Ord. No. 99-12,§1;Ord. No. 04-55,§3;
the remainder of their appointed terms. and Ord. No. 2006-44, § 1.
Supp. No. 91 CD114:4
SOCIAL SERVICES §114-73
applicant or other situation in which it is deter- iv) Florida Statutes § 420.9071, as
mined that the assistance is necessary and/or not amended from time to time, defines
evident at the time of bid. community-based organization as"...a
(Ord. No. 2014-29, § 4) non-profit organization that has
among its purposes the provision of
Sec. 114-72. Definitions. affordable housing to persons who
have special needs or very low-
Definitions referenced in the Ordinance shall income persons,low-income persons,
be the same as those definitions set forth in Rule or moderate-income persons within
67-37.002, Florida Administrative Code. a designated area, which may in-
Income data for the Naples Metropolitan Sta-
tistical a municipality, a county, or
tistical Area are supplied by the U.S.Department more than one municipality or county.
of Housing and Urban Development (HUD), and A community housing development
apply to all of Collier County. The definition for organization established pursuant to
"annual income"is found in 24 CFR Subpart F of 24 CFR,Part 92.2,and a community
Part 5. development corporation created pur-
(Ord. No. 2014-29, § 4) suant to F.S.ch.290,are examples of
community-based organizations."
Sec. 114-73. Administration. v) The Collier County Code Enforce-
1) This program shall be administered by the ment Department can refer poten
Collier County Housing, Human and Veteran tial clients that have been cited with
Services Department(HHVS),or its representative/ violations of Collier County Housing
designee, hereinafter referred to as "Depart- Code Ordinance No. 89-06, as
ment." amended, to the Department. The
Department will determine the indi-
2) The Department shall be responsible for: vidual/family interest in participat-
ing in the program and whether the
a) Identifying potential homeowners. potential participant is income eligi-
i) Potential participants for the pro- ble to participate in the program,
gram will be identified through the pursuant to the requirements set
following activities: forth below.
ii) In accordance with F.S. vi) The homeowner(s) will be accepted
§ 420.9075(4)(b), if the Department on a first come, first served, first
has a waitlist, the participants will qualified basis.
be contacted in the order they were
placed on the waitlist. In the ab- b) Determine homeowner eligibility.
sence of a waitlist, the Department
will advertise in a newspaper of gen i) All homeowners in this program must
eral circulation and periodicals serv-
ing fee simple ownership of the
ing ethic and diverse neighborhoods owner-occupied dwelling unit for
announcing the program and the which residential rehabilitation ser
availability of funds for rehabilita- are requested.
tion services. ii) Where there are co-owners for a prop-
iii) The Department will contact local erty, each co-owner is required to
non-profit,community-based organi- participate in the application pro-
zations in the county through out- cess, the income eligibility determi-
reach activities to locate potential nation process which includes house-
program participants. hold income and asset certification
Supp.No.56 CD114:5
§ 114-73 COLLIER COUNTY CODE
and third party verification, and the xi) Adequate documentation may in-
secondary mortgage/lien application dude,but not be limited to,the most
and closing process. recent year's federal income tax re-
iii) Accepting and processing applica- turn.
tions for rehabilitation services. xii) Failure to disclose and report all
sources of household and family in-
iv) All potential homeowners must com- come during this process will result
plete the program application. in disqualification for a residential
v) The application form shall be used to rehabilitation loan.
document the general information xiii) The income certification shall be main-
regarding the potential homeowner tained as part of the permanent pro-
which will include, but not be lim- gram file for each homeowner mak-
ited to, ownership status, number of ing application to the Collier County
residents living in the housing unit, Owner Occupied Rehabilitation Pro-
previous residences,employment his- gram.
tory, and all financial assets owned xiv) For purposes of this program, assets
by the households. shall include, but not be limited to,
vi) The application must be signed by real property other than the prop-
all parties with an ownership inter- erty to be rehabilitated under this
est in the property. program, savings, stocks, bonds and
other forms of capital investment,
vii) The application for housing assis- excluding interests in Indian trust
tance shall be maintained as part of land and equity in a housing cooper-
the permanent program file for each ative unit.
homeowner making application to
the Collier County Owner-Occupied c) Accept and Process Applications.
Rehabilitation Program. i) All homeowners must provide ade-
quate information so that a current
viii) All potential homeowners must sign "third party verification of employ-
the "Income Certification." ment form" can be completed in a
ix) Income certification. This form is timely manner by their employer.
required documentation for any pro- ii) All household members 18 years and
gram utilizing the monies as a fund- older must complete and sign the
ing source. Information contained form's authorization portion (if ap-
herein relates to anticipated house- plicable).Homeowners must provide
hold income, assets, and household their employer's name,address,phone
data.A copy of the income certifica- number and contact information.
tion form will be maintained in the iii) Employer is requested to complete
borrower's permanent file. the third party verification of employ-
x) Documentation of income sources for ment information form,and sign the
each household resident or other im- and return the document
mediate family member over 18 years by mail or fax to the Department. If
of age must be provided for the last not supplied after reasonable at-
12-month period preceding the date tempts, alternative documentation
of the application. Household in- is allowed.
come may not exceed 120% of the iv) Applications will not be considered
area median income as adjusted to complete until the verification of em-
family size and published annually ployment form has been signed and
by HUD/FHFC. delivered to the Department.
Supp.No. 56 CD114:6
SOCIAL SERVICES §114-73
v) Third party verification of employ- vidual residing in the household must
ment information forms returned to be documented on the third party
the Department by potential partic- verification of benefits form.
ipants will not be accepted for use in
the program. x) The "verification of benefits" form
must include all sources of public
vi) The third party verification of em- assistance funds for all household
ployment form shall be maintained members.
as part of the permanent program
file for each homeowner making ap- xi) The verification of benefits form shall
plication to the Collier County Owner- be maintained as part of the perma-
Occupied Rehabilitation Program. nent program file for each home-
vii) Where a homeowner or household owner making application to the Col
member 18 years and older is unem lier County Owner Occupied
ployed at the time that application is Rehabilitation Program.
made to participate in the Collier xii) Other verification forms may be de-
County Owner-Occupied Rehabilita- veloped and used from time to time
tion Program,the form entitled "un- by the Department in the course of
employed affidavit" shall be com- the program in order to obtain third
pleted, signed, and notarized by the party verification of all sources of
household member. income and verification of all assets
(1) If a homeowner becomes em- claimed by an applicant or other
ployed during the course of the household resident and/or member
program application or during making application to the program,
the rehabilitation phase if after to include,Social Security,Unemploy-
ment 120th day of income certifi- ment Benefits, Veteran Benefits,
cation process, the homeowner Worker's Compensation, State and
must report said employment Private Retirement Benefits, annui-
to the Department within 30 ties,disability or death benefits,and
days of gaining employment, severance payments.
excluding holidays and week-
ends, and complete a new third xiii) Refusal by a homeowner to provide
party verification of employ- information to the Department re-
ment form, referred to above. garding sources for third party veri-
fications for income and assets shall
(2) The unemployed affidavit shall be considered sufficient grounds for
be maintained as part of the a negative determination of program
permanent program file for each eligibility.
homeowner making application
to the Collier County Owner- 3) Applicant eligibility determination.
Occupied Rehabilitation Pro-
gram. a) The Department will maintain a program
viii) If homeowners or any member of the file for each homeowner that will contain
household is receiving any form of all related homeowner applications, veri
public assistance, the form entitled fications, references, credit histories, and
"third party verification of benefits" other related documents.
must be completed as part of the b) Homeowners must have made at least 12
application process. monthly consecutive mortgage payments
ix) The total amount of public assis- on their current homestead property im-
tance that is provided to each indi- mediately prior to the application date to
Supp.No.56 CD114:7
§114-73 COLLIER COUNTY CODE
qualify under this program, also, there fication of mortgage or deed of trust"
can be no more than one delinquency in form can be completed by any lend-
this 12-month period. ing institution holding a note on the
c) Each homeowner and household member property to be rehabilitated.
18 years and older must sign an "autho- iii) Homeowner information must in-
rization for the release of information" dude the name and address of any
form. lending institution holding a note on
the property to be rehabilitated.
i) Use of this form is restricted to the
Department, its grantors, or a par- iv) If no lending institution holds a mort-
ticipating local financial institution, gage, homeowner must designate
as required and permitted by law. such information on,the verification
ii) The authorization for the release of of mortgage or deed of trust form.
information form shall be main- v) If applicable,the lending institution
tained as part of the permanent pro- must provide mortgage information,
gram file for each homeowner mak and return the signed document to
ing application to the Collier County the Department.
Owner-Occupied Rehabilitation Pro- vi) The verification of mortgage or deed
gram. of trust will be maintained as part of
d) Homeowner eligibility determination shall the permanent program file for each
homeowner making application to
include verification of homeowners own the Collier County Owner Occupied
ership of the property to be rehabilitated Rehabilitation Program.
and disclosure of mortgages to lending
institutions. e) Homeowner(s) will not be eligible for as-
sistance when, during the previous three
i) Where applicant homeowner owns
title to the property to be rehabili- years prior to the date of application:
tated, homeowner shall provide a i) Previous principal residence or other
copy of the property deed to the real property was foreclosed; or
Department.The home may not have ii) Given a deed-in-lieu of foreclosures;
a restriction or encumbrance that or
would impair the good and market iii) Filed Chapter 7 bankruptcy(liquida-
able nature of title to the ownership
interest. County property taxes and tion); or
assessments must be current. iv) Filed Chapter 13 bankruptcy; or
(1) The Department or homeowner v) Presently delinquent on a federal
will obtain a copy of the deed by tax liability; or
which homeowner acquired ti- vi) Presently delinquent on Collier
tle of the property to be reha- County property taxes.
bilitated from the public re-
cords of Collier County. f) The property may have the following liens
(2) Where no such public record and still remain eligible for assistance:
exists, it shall be contingent i) A code enforcement lien that has
upon the homeowner to demon- been abated or that will be abated
strate ownership of the prop through the use of rehabilitation
erty for which application is funds;
being made. ii) A down payment assistance lien;
ii) All homeowners must provide ade- iii) An affordable housing density bonus
quate information so that the "veri- agreement;
Supp.No.56 CD114:8
SOCIAL SERVICES § 114-74
iv) Impact fee deferrals. participation in the Collier
(1) Note: This listing is not meant County Owner Occupied Reha
to be all-inclusive of all possible bilitation Program.
types of liens. The Department (5) Such determination shall be
will proceed with awards, un- kept as a permanent part of the
less the prohibitions noted above homeowner's program file.
have been violated.
h) Determination of corrective actions may
g) The properties assisted through the Owner- be conducted prior to an applicant's re-
Occupied Rehabilitation Program must ceiving a final determination of eligibility
have a homestead exemption through the from Department.
Collier County Property Appraiser's Of-
fice. i) Refusal by a homeowner to provide infor-
mation to the Department regarding
i) Each homeowner shall be sent a sources of income and assets shall be
letter from the Department notify- considered sufficient grounds for a nega-
ing them whether they meet the tive determination of program eligibility.
minimum eligibility criteria estab- (Ord. No. 2014-29, § 4)
lished herein.
ii) In cases where a homeowner is de- Sec. 114-74. Homeowner contractual rela-
termined to be ineligible, the rea-
sons for this determination shall be
set forth in the notification letter to 1) Prior to construction beginning, the home-
the participant(s). owner(s) must execute a second mortgage and
l promissory note for the maximum amount of
�•/ (1) Any such negative determina assistance which will be modified after final com-
tion of eligibility shall be mailed pletion of work to unit to reflect the actual amount
to the homeowner within thirty of funds expended.
days from such determination.
a) The secondary mortgage must be exe-
(2) Homeowners who have been de- cuted on the second mortgage document
termined to be ineligible shall or on a substantially similar document
be given the opportunity to cor- that has been approved by the Collier
rect or explain in greater detail County Attorney Office.
any information that resulted
in, or affected the negative eli- b) Lenders may include, but not be limited
gibility determination made by to, Collier County Board of County Com-
the Department. missioners or any registered financial in-
(3) The Department director or his/ stitution operating under the Laws of
her designee shall have the au Florida in Collier County, Florida.
thority to make a final determi- c) The promissory note and the second mort-
nation regarding a homeowner's gage shall set forth the obligations of the
compliance with the require- borrower(s), lender(s), mortgagor(s), and
ments for third party verifica- mortgagee(s) as approved by the County
tion. Attorney's Office.
(4) The Department director or his/ d) Mortgage dollar amount(s) shall be lim-
her designee shall have the fi- ited by and shall not exceed:
nal decision-making authority
regarding a determination of i) Program guidelines as established
eligibility or non-eligibility for by program grantors;
Supp.No.56 CD114:9
§114-74 COLLIER COUNTY CODE
ii) Bids for rehabilitation services as of the assistance and contact information for
submitted by participating contrac- Department staff and/or County representative/
tors. designee.
e) The second mortgage shall be recorded 5) A copy of the promissory note shall be
with the office of the Collier County Clerk maintained as part of the permanent program file
of Courts upon closing of the rehabilita- for each homeowner accepting funds for the Col-
tion loan with the Department and the Tier County Owner Occupied Rehabilitation Pro-
homeowner. gram.
f) Upon closing, the Department will cover 6) Homeowner(s)must execute the Owner Oc-
the costs of recordation of the mortgage cupied rehabilitation program performance pro-
instrument with the Collier County Clerk gram document.
of Courts and documentary stamp tax. 7) The performance agreement sets forth the
g) No final payment or disbursement of loan obligations of the homeowner with regard to the
funds will be made or processed for the facts and purposes of the program which includes,
contractor until the Department receives but is not limited to:
a certified copy of the recorded second a) That homeowner understands the condi-
mortgage document. tions of the loan,including program guide-
lines, rules, and restrictions.
h) A copy of the second mortgage shall be
maintained as part of the permanent pro- b) That benefits are not transferable.
gram file for each homeowner(s) making c) That eligible dwelling units be occupied
application to the Collier County Owner by the homeowner prior to and after corn-
Occupied Rehabilitation Program. pletion of rehabilitation work to the dwell-
2) Homeowner(s)is/are responsible for report- ing unit.
ing any change of income to the Department d) That the eligible dwelling unit must corn-
within 30 days of any change so that closing of an ply with the requirements of the Florida
owner occupied rehabilitation loan is not unduly Building Code.
delayed. e) No homeowner, co-owner or relative of an
a) Changes in individual, household, and/or owner or co-owner shall serve as a con-
family income shall require that "appli tractor or subcontractor for the rehabili-
cant income certification" be completed tation of the subject property,nor shall an
and recertified by homeowner(s). The De- owner, co-owner, or relative receive any
partment shall verify all income certifica compensation for their labor with any
tion and re-certifications using criteria program funds.
established by the Department and as f) A relative of a homeowner or co-owner
may be amended from time to time to shall be defined in this instance as an
reflect current loan and qualification stan- immediate family member to include
dards. mother, father, brother, sister, aunt, un-
cle, and cousin or a family member by
3) Third party verification shall be completed marriage,to include mother-in-law,father-
prior to closing an owner occupied rehabilitation in-law, brother-in-law, and sister-in-law.
loan and executing the second mortgage and the
promissory note. g) That all work performed by a contractor
will be in accordance with the inspection
4) Based on funding availability, certification report prepared by Collier County and/or
of income and property eligibility, clients will be its representative/designee and that no
issued an award letter.The letter, at a minimum, changes to bid work will be paid for with
will state the amount of the assistance,the terms loan funds where there has not been ex-
Supp.No.56 CD114:10
SOCIAL SERVICES § 114-75
press written prior approval by the De- they shall be in default of this perfor-
partment director or his/her designee on mance agreement, the required second
the form entitled"Owner Occupied Reha- mortgage, and the promissory note and
bilitation Program Change Order." repayment of the balance of the second
h) That access to the property and dwelling mortgage shall become due and payable
unit will be provided to County and/or its immediately.
representative/designee conducting inspec- n) That the maximum amount of the loan
tions to determine interim progress and/or shall be the actual amount paid to the
completion of work for any or all rehabil- contractor, or $30,000.00, whichever is
itation work performed with funds from less.The Department director may obtain
this program. approval of the Board of County Commis-
sioners on a case by case basis for subsi-
i) That contractor is responsible for acquir- dies above the established levels to accom-
ing any and all permits and approvals to modate a special needs housing applicant
perform work under this program and or other situation in which it is deter-
must provide evidence of permits where mined that the assistance is necessary
requested,by County and/or its represen- and/or not evident at time of bid.
tative/designee, including but not limited
to inspectors. 8) Historically Significant Properties:
j) That payment for any work performed a) Improvements must be consistent with
prior to execution of the second mortgage, those approved by the Florida Depart-
promissory note,or other approved instru- ment of State in accordance with the most
ment, including but not limited to, an current revision of"Secretary of the Inte-
official notice to proceed, shall not be the rior's Standards for Rehabilitation and
responsibility of the County. Guidelines for Rehabilitation of Historic
Buildings," and
k) Liability for payment for any work per-
formed by the contractor which does not b) Improvements must comply with the Col-
conform to the work write-up where ex- lier County Historic/Archaeological Pres-
press written approval has not been given ervation Ordinance,Ordinance No.91-70.
by the Department shall be the sole re (Ord. No. 2014-29, § 4)
sponsibility of contractor.
Sec. 114-75. Determination of rehabilitation
1) Funds will be secured with a recorded needed.
fifteen (15) year, zero interest, deferred
subordinate mortgage as further identi- County and for Representative/Designee Ini
fied in the SHIP LHAP on the property in tial Inspection and Initial Work Write-Up.
the amount of the subsidy used in the a) Collier County and/or its representative/
project. If all conditions of the loan are designee will conduct and complete the
met,one-third of the loan will be forgiven initial inspection of a dwelling unit under
in five-year increments so that at the end this program no later than 30 days of
of the fifteenth year the loan is forgiven. notification of a homeowner's eligibility in
Monthly payments are not required. the Collier County Owner-Occupied Reha-
m) That the homeowner shall occupy the bilitation Program by the Department.
rehabilitated residential unit as the pri- Should additional time be needed to initi-
mary residence until a satisfaction of mort-
be the inspection, documentation must
gage for a period of 15 years or the terms be included in the file justifying the waiver
of the second mortgage has been fulfilled, of time.
whichever comes first. If the homeowner i) Initial inspection will determine any
does not fulfill the obligations identified, deficiencies.
Supp.No.56 CD114:11
§ 114-75 COLLIER COUNTY CODE
ii) Collier County and/or its representa- is to be preformed, quality of prod-
tive/designee will document the re- ucts to be installed and installation
sults of the initial inspection on an methods.
inspection form. ii) The County and/or its representative/
iii) The inspection report shall be main- designee shall develop a cost esti-
tained as part of the permanent pro- mate for the project. The County
gram file for each homeowner mak- may seek an independent validation
ing application to the Collier County of the cost estimates prepared by the
Owner-Occupied Rehabilitation Pro- representative/designee. The work
gram. write-up and cost estimates will be
iv) Collier County will, at its' option, submitted to the County and/or its
obtain an independent validation of representative/designee for review
the inspection, work scope and pri- and approval prior to the project
oritization to include an indepen- sent out to bid.
dent cost analysis, and then shall iii) Any such rehabilitation work that
identify and prioritize the rehabili may go beyond the minimum require-
tation scope on the "inspection re- ments of the Florida Building Code
port" completed for each dwelling shall be documented and noted on
unit so that rehabilitation services the work write-up form by the inspec-
can be directed at elimination of any tor.
pressing and immediate safety and/or
health concern.This will be referred iv) The completed Collier County Owner-
to as the basis for the bid specifica- Occupied Rehabilitation Program bid
tions; or work write-up. specifications will serve as the basis
v) Health and Safety Housing Code vi for bids from contractors which will
olations shall be given priority by address documented housing code
the County and/or representative/ deficiencies of the eligible dwelling
designee over any cosmetic rehabili- unit and any other work that may
tation work during inspection, bid need to be completed to protect the
preparation, and provision of reha health and safety of residents and/or
bilitation services. the integrity of the dwelling unit.
vi) It shall be the responsibility of the c) The contractor shall document estimated
County and/or its representative/ material requirements and unit labor.
designee to determine and prioritize
rehabilitation services beyond imme i) Costs for installation of materials on
diate health and/or safety concerns the bid specification document.
which are identified and prioritized ii) Once approved by the County,a copy
by the inspection. The County may of the signed, completed bid specs
seek an independent validation of will be provided to the homeowner
the need and cost for any such items. within a reasonable period of time
b) Bid specification development. after the completion of the inspec
tion. The homeowner will sign the
i) County and/or its representative/ bid specification document as an in-
designee shall develop a work dication of awareness.
write-up and specifications for the
project that details the quality and d) If the County is operating the program
quantity of material to be installed through a representative or designee,the
in the property. The work write up County will issue a Notice to Proceed to
will provide details of how the work that entity when all approvals have been
Supp.No.56 CD114:12
SOCIAL SERVICES § 114-75
obtained on the bid specification docu- Contractors must use the bid work
ment,to allow the bid process to proceed. write up form provided in the bid
e) Bid Process. documents to submit the bid. Once
the work is awarded, no changes
i) The County and/or its representative/ may be made to the work write-up
designee will solicit bids proposal except in the event of unforeseen
from local contractors for any upcom- circumstances as determined by the
ing projects. This solicitation will County and/or its representative/
include the date,time and location of designee or unless a change in the
the mandatory contractor walk- scope of work is required by the
through meeting for each project. County Building Department. Fail-
ii) The Bid Proposal will list, in detail, ure to bid according to the final bid
all specifications of materials to be specifications may be just cause for
used and the scope of work to be disqualification of the Contractor's
performed.This will ensure that con- bid.
tractors are bidding based on the use iv) The Bid Submittal must be submit-
of similar or like materials and scope ted on the official bid specification
of work. document form provided in the bid
iii) A Mandatory Walk-Through Meet- documents. Each Contractor shall
ing will be held to view the property, provide line item prices for each item
ask questions and discuss project specified on the work write-up and
details with the homeowner(s) and overhead should be added at the
the County and/or its representative/ end.
designee relating to the scope of work v) All prices on the bid specification
in the bid documents. Changes, ad- document must be written in ink.
ditions, deletions and refinement of
work details or the scope may be Signatures must also be in ink. If a
made during this walk-through.This mistake is made on the bid, the
is the first opportunity for the Con- change must be initialed by the Con-
tractor to view the property. The tractor prior to submitting the bid.It
walk-through will start promptly at is the contractor's responsibility to
the time specified. Contractors may remain informed regarding permit
fees,impact fees, material costs and
not begin to inspect the home or other requirements that might in-
construction site before the County
and/or its representative/designee ar crease the cost of work.Once a bid is
rives and the walk-through officially submitted, the Contractor is bound
starts. Contractors are required to to the price that is stated on the
sign in the official attendance sheet. submitted proposal.
Contractors who do not sign the of- vi) For model or materials not specified,
ficial attendance sheet will not be prices should match the home's ex-
eligible for bid selection on the proj- isting models and materials in qual-
ect.Changes to bid specifications will ity and style. If a specific model is
be reviewed at the end of the walk- specified, the Contractor will be ex-
through to ensure all Contractors petted to install that model or prod-
are aware of any changes discussed uct number.A Contractor cannot de-
during the walk-through. If changes viate from the product specified
are made to the original bid specifi- without written authorization from
cation, Contractors will receive re- the County and/or its representative/
vised bid documents via electronic designee.All questions related to the
mail prior to the bid opening date. job specifications must be cleared
Supp.No.56 CD114:13
§ 114-75 COLLIER COUNTY CODE
prior to submission of bid by contact- employee or partner of the County. In
ing the County and/or its represen- addition,no owner,co-owner or relative of
tative/designee. an owner or co-owner shall serve as a
vii) All bids must be in a sealed enve- contractor or sub-contractor for the reha-
lope. The Contractor/Bidder's name bilitation of the subject property,nor shall
and the bid number must be clearly an owner,co-owner or relative receive any
written on the front of the sealed compensation for their labor with pro
envelope. Completed bids must be gram funds.A relative of a homeowner or
delivered to the County and/or its co-owner shall be defined in this instance
representative/designee on or before as an immediate family member to in
the scheduled bid date and specified dude mother,father,brother, sister,aunt,
time. Late bid responses will not be uncle and cousin or family member by
accepted. marriage,to include mother-in-law,father-
(Ord. No. 2014-29, § 4) in-law, brother-in-law and sister-in-law.
4) The County will approve the final selec-
Sec. 114-76. Contractor selection. tion, and issue a Notice to Proceed to the
(A) Solicitation of contractors by County and/or
representative or designee.
its representative I designee. (Ord. No. 2014-29, § 4)
1) The County and/or its representative/ Sec. 114-77. Administration of residential re-
designee will solicit bids from contractors habilitation.
and/or subcontractors. 1) A copy of the bid document submitted by the
2) The County and/or its representative/ entity who is awarded the contract for an individ-
designee will review the bids to ensure ual dwelling unit shall be provided to the Depart-
ment all mandatory work is included; that ment and to the County Clerk Finance Depart-
it conforms to program specifications and ment at time of reimbursement request to ensure
that the cost is reasonable for the project that payments made to contractors reflect costs
by reviewing it against an independent included in the bid.
cost estimate. Estimates that are unrea-
sonable, inaccurate, contain incorrect to- 2) Notice to Proceed. Contractors are not au-
tals, are unsigned, or submitted in pencil thorized to begin construction until they receive a
may be rejected at the option of the County Notice to Proceed from the Department and/or its
and/or its representative/designee.The fol- representative/designee. The contractor will re
lowing criteria will be used to determine ceive a Notice to Proceed when:
the winning bid: a) The homeowner has executed and the
a) The bid is the lowest responsible, Department has recorded the second mort-
responsive bid; gage and promissory note.
b) All required contractor paperwork b) The homeowner has signed a contract
and licenses; with Collier County or its designee/repre-
sentative.
c) Current certificates of insurance with
coverage for: 3) The official Notice to Proceed will be issued
i. Current liability insurance; in a formal letter from the Department and/or
representative/designee.
ii. Current workmen's compensa-
tion; 4) The contractor's award letter shall be main-
iii. Current business auto liability. tained as part of the permanent program file for
each homeowner making application to the Col-
3) The contractor is an independent contrac- Tier County Owner Occupied Rehabilitation Pro-
tor and shall not be deemed an agent, gram.
Led
Supp.No. 56 CD114:14
SOCIAL SERVICES § 114-77
5) No payment will be made or processed for ii) Bid documents submitted by the con-
the contractor until the Department receives a tractor on the bid specification and
copy of the promissory note from the homeowner. any supplemental plans submitted
in conjunction with this form.
6) A copy of the promissory note shall be iii) All work performed by any contrac-
maintained as part of the permanent program file tor(s)and their subcontractor(s)must
for each homeowner making application to the conform to the local and state laws,
Collier County Owner Occupied Rehabilitation including:
Program.
(1) Florida Building Codes and Col-
7) Notice of Commencement. her County Housing Code, Or-
dinance No.89-06,as amended;
a) Following the Notice to Proceed, a Notice and
of Commencement must be filed by con- (2) Collier County Residential Re-
tractor with the Collier County Clerk prior habilitation Standards, as
to commencement of construction of the amended.
project pursuant to the requirements of
F.S. ch. 713,for each dwelling unit receiv- 9) Required documentation for rehabilitation/
ing rehabilitation services under the Col- emergency home repair. The following documents
her County Owner-Occupied Rehabilita- are required of all eligible households for repair
tion Program. loans:
b) A certified copy or affidavit attesting to a) Rehabilitation/emergency home repair bid
the recorded Notice of Commencement specification. All work that is to be per
formed must be listed on this form detail-
must be posted at the jobsite. The notice,at a minimum, should contain the follow- ing labor and material costs. This form
must be delivered to a representative of
ing details: property owner, lender infor-
the Department prior to the commence-
mation, jobsite address, contractors, etc.
This document will protect the property ment of any repair work. A signed copy
owner's title to the property. will be provided to the owner and to the
Finance Departments. Loans granted un-
c) Collier County Board of County Commis der this program, but are limited to a
sinners shall be named on the notice of maximum of$30,000.00 per household.
commencement as "lender." b) Final inspection.A copy of the signed final
The Department shall be named on the inspection will be maintained in the own-
d) er s permanent file. A copy of the final
Notice of Commencement as "persons inspection will be provided to the Depart-
within the State of Florida designated by ment of Finance, along with the final
owner upon whom notices or other docu- payment request.
ments may be served" as provided by F.S.
§ 713.13(1)(a)7. c) Promissory note. This note will be used
specifically for the loans granted under
8) Monitoring for rehabilitation/emergency the Owner-Occupied Rehabilitation Pro-
home repair. gram. A copy of the note will be main-
tained in the owner's permanent file, and
a) All work performed by contractor(s) and will be recorded within the County Clerk
its subcontractor(s)shall be in accordance of the Courts files Department. The orig-
with: inal, executed note will be kept on file in
i) The inspection report completed and the Department.
submitted by Collier County and/or d) Second mortgage. The second mortgage
its representative/designee. will be used to secure the Promissory
Supp.No.56 CD114:15
§ 114-77 COLLIER COUNTY CODE
Note and will be recorded by the Clerk of (B) Final inspections.
the Circuit Court for Collier County. The 1) Contractors are responsible for arranging
original,recorded second mortgage will be final inspections with appropriate County
kept on file in the Department. Copies or City inspection Departments.
will also be made available to the owner.
All fees associated with the recording of 2) Copies of inspection forms shall be signed
this document will be paid by the Depart- by each individual performing an inspec-
ment. tion and a copy of the completed, signed
e) Waiver of lien. Upon completion of the inspection form will be provided to the
repair work, the contractor will be re- Department prior to the project's comple-
quired to execute a waiver of lien. The tion and final inspection.
final payment will not be disbursed until 3) Each inspection form shall be maintained
the Department receives the waiver of as a permanent part of each program
lien, a satisfactory inspection report and participant's file.
the itemized contractor's invoice.
(Ord. No. 2014-29, § 4) 4) The County and/or its representative/
designee shall be vested with the author-
Sec. 114-78. Inspection(s) of rehabilitation ity to make a final determination of con
work. formance to code requirements for all code
related rehabilitation work performed un-
(A) Interim inspections. der this program.
1) Contractors are responsible for arranging 5) All rehabilitation work performed under
interim inspections with appropriate the Collier County Owner-Occupied Reha-
County or City Departments. bilitation Program must conform to the
requirements of the Collier County De-
2) All work performed under the Collier partment Rehabilitation Standards as
County Owner-Occupied Rehabilitation amended if applicable, as well as general
Program must conform to all state,County, industry work quality standards for such
and/or City code requirements to be reim- work,in order to pass inspection(s)and be
bursed under this program. reimbursed under this program.
3) A scheduled inspection is required prior to 6) The Department director or his/her desig-
receiving a draw request. The County nee shall be vested with the authority to
and/or its representative/designee will make a final determination of work com-
schedule an inspection after receiving and pleteness and work quality in the event
reviewing the request for payment. No that there is disagreement among any of
payment will be processed without corn- the parties.
pleting a successful inspection with the
County and/or its representative/desig- 7) Such inspections may address,but are not
nee. limited to:
4) Copies of inspection forms shall be signed a) Inspections prior to mediation be
by each individual performing an inspec tween the homeowner and contrac-
tion and a copy of the completed, signed tor, when needed;
inspection form will be provided to the b) Inspections to determine extent of
Department within three working days of work progress prior to approval for
completing each inspection. final payment to contractor;
5) Each inspection form shall be maintained c) Inspection to determine if all re-
as a permanent part of each homeowner's ceipted, purchased materials have
program file. been installed;
Supp.No.56 CD114:16
L SOCIAL SERVICES § 114-79
d) Inspection to obtain homeowner fi- final inspection report by the
nal sign-off and approval for final County and/or its representa-
payment to contractor. tive/designee to the Depart-
(Ord. No. 2014-29, § 4) ment and final inspection by
appropriate personnel,and must
Sec. 114-79. Method of payment for rehabil- be accompanied by:
itation work performed. (1) Affidavit from contractor
(A) Performance bonds. stating that subcontrac
tors and material suppli-
1) No performance bond shall be required to ers have been paid for the
be posted by a contractor selected under particular job for which
this program. the contractor is submit-
(B) Change Orders. ting a request for pay-
ment to Collier County.
1) No alteration of materials or labor de- (2) Final inspections by the
scribed in the original work order shall Department will not be
take place unless in writing and mutually conducted until such time
agreed to by the County and/or its repre- that final,notarized origi-
sentative/designee. All changes must be nals of waiver of lien have
submitted on a Change Order Form signed been submitted to Depart-
and dated by the County and/or its repre- ment for the contractor,
sentative/designee.Any such changes are subcontractor(s) and ma-
subject to the terms of the contract. Con- terial vendors performing
tractors must provide before and after rehabilitation work on the
pictures of the work associated and a dwelling unit to be in-
price cost analysis prepared with change spected.
order request. Change orders must be iii) In the alternative,upon submis-
submitted and approved prior to the final sion of invoices or other docu-
draw request and will only be considered mentation from contractor and
in the case of circumstances unforeseen at a written notarized statement
the time of the walk-through or for addi- from contractor that materials
tional work requested by the Building have been supplied and ser-
Department.The County and/or its repre- vices rendered which are satis-
sentative/designee reserve the right to factory to contractor, payment
deny any change order request. shall be processed.
(C) Method of payment for work performed. iv) Final inspection of all rehabili-
1) Upon final inspection, the transfer of all tation work shall be conducted
by the Department and/or its
warranties to the homeowner,releases,as representative/designee and per
identified by the County and/or its repre-
sonnel from applicable County/
sentative/designee, the following process
City Departments.
shall be followed:
v) The homeowner(s),and the De-
(a) One-time payment for services. partment director or his/her des-
i) Contractor submits a final in- ignee complete and sign form
voice to the Department and/or entitled"disbursement authori-
its representative/designee zation."
when all the work is completed. vi) Collier County Clerk's Finance
ii) Payment to contractor is con- Department shall process pay-
tingent on submission of the ment to the County and/or its
Lire Supp.No.56 CD114:17
l § 114-79 COLLIER COUNTY CODE
representative/designee and herself before contract
other contractual agreements signing for conflicting work
approved by the Board of County contracts or personal hard-
Commissioners for the contract ship.
amount and for any additional 2) Lack of Participation: A
work authorized and docu-
contractor that does not
mented on the change order by participate or respond to
the Department director or his/ an invitation to bid within
her designee. a twelve-month period will
vii) Contractor is responsible for pro- be placed on Inactive sta-
viding payment to any and all tus and will no longer be
sub-contractors performing re- sent bid information. In-
habilitation work on dwelling active contractors must re-
units and property. apply and be accepted in
(b) Payment Reduction. order to begin receiving
i. In accordance with its project bids again.
contracts,the County and/or its 3) Insurance Violations:If at
representative/designee reserve any time a contractor fails
the right to decline payment or to have required insur-
reduce the amount of a final ance, he/she will be auto-
payment to such an amount as matically suspended until
is necessary to protect the home- proof of insurance is pro-
owner from loss or to recover vided.The contractor must
l the cost incurred to correct or have insurance at all
`/ complete the specified work for times. Changes in cover-
reasons including, but not lim- age must be reported in
ited to: writing to the County
a. Defective work not cor and/or its representative/
rected. designee within five work-
b. Third party claims filed or ing days of such change,
with reasonable evidence including renewals.
indicating probably filing 4) Business License Viola-
of such claims. tions: Any contractor who
c. Failure of the contractor has a license suspended,
to make payments to sub- revoked, rejected or inac
contractors,laborers/work-
ers or material suppliers. cally disqualified. All li
d. The amount of work corn- tense renewals must be
pleted is not enough to current and a copy pro-
constitute a draw. vided to the County and/or
its representative/desig-
(c) Suspensions and Disqualifications. nee.
i. The County and/or its represen- 5) Failure to Honor Warran-
tative/designee may implement ties: Any contractor who
this section. Contractors may fails to honor a warranty
be suspended or disqualified for from a previous contract
any of the following reasons: will be barred from future
1) Self-imposed: A contrac- bidding for one year and
tor may disqualify him/ must reimburse the
Supp.No.56 CD114:18
SOCIAL SERVICES § 114-80
County and/or its repre- tractor.Anyone brokering
sentative/designee for the work or receiving a
cost of any work performed brokered contract will be
by another to correct the immediately suspended
warranty work. and possibly be disquali-
6) Default:If a contractor de- fled indefinitely from par-
faults or does not com- ticipating in any work pro-
plete an assigned project, gram through the County.
he/she will be disqualified (d) Lien Waivers.
indefinitely from partici-
pating in County housing i. The contractor shall protect,de-
programs. fend and indemnify the County
7) Willful Misconduct: Will- and/or its representative/desig-
ful misconduct by contras nee and homeowner from all
tor, employees or subcon claims of unpaid work labor or
tractors while engaged in materials. The contractor must
a project will not be toler sign a Release of Lien prior to
receiving any payments. This
ated. The contractor may will be required of the contrac-
be disqualified from the tor at every draw request; no
program for behavior such exceptions will be made. It is
as,but not limited to,theft, the contractor's responsibility
lewd or lascivious acts,foul to obtain Release of Liens from
language, public intoxica its subcontractors,material sup-
tion, and illegal drug use, pliers and any other affiliates
willful destruction of the associated with the project.
homeowner's property or
abusive behavior towards ii. Program participant files.
the homeowner or County (1) Copies of every form and
staff. copies of all receipts used
8) Contractor Negligence: in the contractor and sub-
Failure to adhere to build- contractor payment pro-
ing codes,construction in- cess shall be kept as a
dustry standards,contract part of each individual
specifications and mate- homeowner's program file.
rial requirements. (Ord. No. 2014-29, § 4)
9) Payment Delinquency:
Failure to pay subcontrac- Sec. 114-80. Disaster waiver.
tor or material suppliers.
10) Kickbacks/Price Fixing: 1) In the event of a natural disaster, program
Accepting kickbacks or guidelines regarding pre-qualification of partici-
price fixing by or between pating contractors may be waived by the Depart-
ment in order to expedite needed repairs and
contractors, its employ improvement to damaged properties, with the
ees, officers, owners, approval of the Department.
agents,partners,represen-
tatives or any other affili- 2) Any dollar expenditure cap in effect for any
ates. state or federal program that provides funds used
11) Brokerage of Work:Broker- in the Collier County Owner-Occupied Program
ing work to another li- may be waived or increased where the Governor
tensed or unlicensed con- of the State of Florida or the executive officer of
Supp.No.56 CD114:19
§ 114-80 COLLIER COUNTY CODE
any state or federal agency issues an executive
order, or other such directive,waiving or increas-
ing said cap.
3) All Collier County Owner-Occupied Rehabil-
itation Program requirements for documentation
by contractors of material purchases and esti-
mated labor costs shall remain in effect.
(Ord. No. 2014-29, § 4)
Secs. 114-81-114-90. Reserved.
Su No.56 [The next page is CD114:271
pp• CD114:20
SOCIAL SERVICES § 114-91
ARTICLE V. S.H.I.P. DOWN or, if not within a metropolitan statistical
PAYMENT/CLOSING COST ASSISTANCE area, within the county, whichever is
PROGRAM GUIDELINES AND greater.
PROCEDURES* Income data for the Naples Metropolitan
Statistical Area is supplied by the United
Sec. 114-91. Introduction. States Department of Housing and Urban
Development (HUD), applicable to all of
In April of 1993, the Local Housing Assistance Collier County,and updated annually.The
Program,(Collier County Ordinance No.93-19,as definition for "annual income" is found in
amended by Ordinance No.93-33)was adopted by 24 CFR, Section 813.106.
the Collier County Board of Commissioners. This Section II of the Local Housing Assistance
plan was designed for the purpose of establishing Program states that several different strat-
local administration of the State Housing Initia- egies will be employed for the administra-
tives Partnership Program. (S.H.I.P.) tion and disbursement of S.H.I.P. funds.
Strategy A. found on page 6 stipulates
The primary goal of this legislation is to in- that a portion of the funds be distributed
crease the availability of affordable housing to through a down payment/closing cost as-
very low and low-income persons and families in sistance program for very low and low
the county. income first time homebuyers. This strat-
egy is more particularly described in Sec-
Very low and low income persons are defined in tion II, paragraph A. The Collier County
Collier County Ordinance No. 93-19, and further S.H.I.P. Down Payment/Closing Cost As-
amended by Collier County Ordinance No. 93-31 sistance Program has been designed us-
as follows: ing this strategy as a framework, and
conforms to all rules and guidelines gov-
(1) Low-income person means one or more erning the distribution of these funds.
natural persons or a family,not including;
students, that has a total adjusted gross Assistance provided in conjunction with
household income that does not exceed 80 this program will be awarded to qualified
percent of the median annual adjusted applicants in the form of a zero percent
gross income for households within the interest, deferred payment loans of up to
state or 80 percent of the median adjusted $50,000.00 for the purpose of down pay-
gross income for households within the ment/closing cost expenses and rehabili-
metropolitan statistical area or, if not tation or emergency repairs to the subject
within a metropolitan statistical area, dwelling unit. The funds will be distrib-
within the county, whichever is greater. uted as follows: Purchasers of new homes
which have had a certificate of occupancy
(2) Very-low income person means one or more for less than 12 months at time of appli-
natural persons or a family, not including cation will not qualify for the rehabilitation/
students, that has a total adjusted gross emergency repair under this program,but
household income that does not exceed 50 will be eligible for down payment/closing
percent of the median adjusted gross an- cost assistance of$50,000.00. Purchasers
nual income for households within the of existing homes with a certificate of
state or 50 percent of the median annual occupancy over 12 months at time of ap-
adjusted gross income for households plication will qualify for the rehabilitation/
within the metropolitan statistical area emergency repair of$2,500.00 under this
"Editor's note—Ord. No. 00-69, § I, adopted Oct. 24, program along with the down payment/
2000, amended article V in its entirety, including its title,to closing cost assistance of$47,500.00. The
read as herein set out. Formerly, said article pertained to note,with a total of up to $50,000.00 will
similar subject matter.See the Code Comparative Table. be secured by a second mortgage payable
Supp.No. 21 CD114:27
§ 114-91 COLLIER COUNTY CODE
to the Affordable Housing Trust Fund, Applicants will be asked to sign appropriate re-
payable upon the sale of the dwelling leases enabling the financial institution to pro-
unit, refinance, or loss of homestead tax vide such mortgage related information to the
exempt status. Collier County Department of Operational Sup-
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(I), port and Housing,hereinafter referred to as "pro-
10-24-00; Ord. No. 01-64, § 1, 11-13-01; Ord. No. gram administrator".
04-55, § 3; Ord. No. 2005-70, § 1) (c) Applicant eligibility. Applicants will be re-
quired to disclose the number of occupants ex-
Sec. 114-92. Marketing; outreach. pected to reside in the subsequent dwelling unit,
(a) At least 30 days prior to the beginning of as well as their anticipated gross annual incomes.
the application period, the county will advertise Eligibility will be based on the following set limits
this program in both newspapers of general cir for gross annual income based on median figures
culation and periodicals serving ethnic and di- established in March of 2006, provided by the
verse neighborhoods. It is anticipated that the U.S. Department of Housing and Urban Develop-
vast majority of referrals for this program will be ment (HUD):
generated by non-profit organizations such as the 1 person $39,100.00
Collier County Banking Partnership, or through 2 persons 44,700.00
local banks and mortgage brokers.
(b) In order to comply with the Community 3 persons 50,250.00
Reinvestment Act, local area lending institutions 4 persons 55,850.00
are actively seeking ways in which to address the 5 persons 60,300.00
credit needs of the entire community. Ownership
programs such as this serve as an appropriate 6 persons 64,800.00
vehicle for lenders to demonstrate their commit- 7 persons 69,250.00
ment to this legislation. As some participating 8 persons 73,700.00
institutions may exercise more flexible lending
requirements than others, it is also possible for The above limits are reflective of the maximum
the partnership to act as an internal referral income allowed; adjusted for family size, under
source, affording the potential borrower multiple the designation of low income household. These
opportunities at obtaining a first mortgage loan. limits are subject to change on an annual basis.
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(II), (d) Dwelling unit restrictions. This program is
10-24-00; Ord. No. 2005-70, § 1) designed to assist in the purchase of single-family
houses, duplexes, townhouses, attached villas, or
Sec. 114-93. Eligibility criteria; down pay- condominium units only. The maximum sales
ment/closing cost assistance. price allowable will be the amount indicated in
the Collier County LHAP, or as amended by the
(a) Applicants will be recommended for this State of Florida S.H.I.P. regulations. Beneficia-
program through participating members of the ries must claim the subject dwelling unit as their
Collier County Banking Partnership,banks,mort- homestead.
gage brokers, and other non-profit organizations
committed to meeting the credit and housing (e) First time homebuyer status. In order to
needs of the entire community.Additionally,S.H.I.P. qualify for the program, applicant(s) must not
guidelines stipulate that the program and avail- have owned a home for a minimum of the most
ability of funds be advertised in both newspapers recent three consecutive years. Verification of
of general circulation and periodicals serving eth first time homebuyer status will be documented
nic and diverse backgrounds. in the participant(s) permanent file.
(Ord. N o. 94-59, § 3; Ord. No. 00-69, § I(III),
(b) Applicants will be pre-screened by partici- 10-24-00; Ord. No. 01-64, § 2, 11-13-01; Ord. No.
pating lenders in regards to total annual house- 04-55, § 3; Ord. No. 2005-70, § 1; Ord. No. 2006-
hold income,credit history, and capacity to repay. 45, § 1)
Supp.No.21 CD114:28
SOCIAL SERVICES § 114-95
Sec. 114-94. Administration of down pay- seller, sales price, and proposed closing
ment/closing cost assistance and date. The application will establish bor-
rehabilitation/emergency repair. rower information that will be further
(a) The program administrator director shall verified by other supporting loan documen-
have the authority to sign all reports, transmit- tation. A copy of the sales contract and
tals, mortgage loan documents, and certifications application will be maintained in the
regarding this program. borrower's permanent file.
(b) The program administrator will be respon- (2) Reservation form. Requests for reserva
sible for the following administrative duties: tion of funds will be made by the first
mortgage lender through the use of this
(1) Advertisement in a publication of general document. Information contained in the
circulation announcing the program and form relates to the borrower(s), financial
availability of funds. institution and subject dwelling unit. It
(2) Accepting applications and all supporting will be the responsibility of the first mort-
documentation. gage lender to provide a completed copy of
this form to the program administrator in
(3) Verification of eligibility requirements for order to initiate the qualification process.
the program, and approval of applicants. A copy of the reservation form will be
(4) The maintaining of all required documen- maintained in the borrower's permanent
tation and records of correspondence for file.
each beneficiary in a permanent file. (3) Certification of financial institution. The
(5) The preparation of financial reports de- officer of the financial institution under-
tailing S.H.I.P funds used,remaining avail- writing the first mortgage loan will be
ability of funds, and participating local required to execute this combined form
financial institutions. before a notary public. The following in-
(6) The coordination of efforts with the formation will be verified through the use
county's, purchasing and finance depart of this form:
ments, with the goal of being timely and a. That all information regarding the
efficient processing of all loan documenta- applicant is true and correct.
tion and payments.
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(IV), b. The loan will conform to lending
10-24-00; Ord. No. 04-55, § 3; Ord. No. 2006-45, parameters as stated in the certifi
§ 1) cation of participant form.
c. That all loan funds will be applied to
Sec. 114-95. Required documentation for the required down payment/closing
down payment/closing cost as- cost or rehabilitation repair,and that
sistance. the borrower not receive any loan
(a) The following documentation will be re funds in cash.
quired of all beneficiaries of this program. Docu- A copy of the combined certification
mentation required for rehabilitation emergency of participant/certification of finan-
repair assistance will be detailed in the following cial institution will be maintained in
section. Packets will be available through the the borrower's permanent file.
program administrator and at local lending insti- (4) Mortgagor's certification and past resi-
tutions. dence. Applicant(s) must not have owned
(1) Sales contract. A copy of the fully exe- any home for a minimum of three consec-
cuted sales contract and loan application utive years in order to qualify as first time
will be required from the applicant(s). homebuyers. This document can be used
The sales contract will verify the listed as verification of residence for the past
Supp.No.21 CD114:29
§ 114-95 COLLIER COUNTY CODE
three years, as well as providing informa- (8) Second mortgage. The second mortgage
tion regarding current amount of rent, will be used as the security instrument for
and current landlord. A copy of the the promissory note, and will be recorded
mortgagor's certification and past resi- by the Collier County Clerk of the Circuit
dence will be maintained in the borrower's Court.The original recorded second mort-
permanent file. gage will be maintained in the borrower's
(5) S.H.I.P.. income certification. This form is permanent file by the program adminis-
required documentation for any program trator. Payment of fees associated with
utilizing the S.H.I.P. monies as a funding the recording of this document will be the
source. Information contained herein re-
responsibility of the borrower.
lates to anticipated household income,
assets, and household data.A copy of the (9) Third party verification. Third party ver-
S.H.I.P. income certification form will be ification of income will be necessary when-
maintained in the borrower's permanent ever the applicant states that any part of
file. the household income is derived from pub-
lic assistance,a government agency,or for
(6) S.H.I.P. Homebuyer Education certificate. formal verification of employment. The
Each applicant must attend a S.H.I.P. following sources of income will require
four hour homebuyer education class prior formal third party verification by the fi-
to closing.A copy of the S.H.I.P.homebuyer nancial institution underwriting the first
education certificate will be maintained mortgage loan:
in the borrower's permanent file.
(7) Promissory note. The promissory note will Including but not limited to,military pay- ---�
detail the loan agreement established be ment, social security benefits, public as
-
detail the borrower and the affordable sistance, pension and annuities, unem-
housing trust fund, relating to the funds ployment benefits,Veterans Administration
for down payment/closing cost assistance benefits, educational assistance, income
and rehabilitation/emergency repair. The from business, recurring cash contribu
note will include details of the loan includ- Lions, child support, and assets on Be-
ing, but not limited to: posit.
a. Borrower's promise to pay; This income verification information may
b. Interest and payments; be represented on either Collier County
S.H.I.P.forms or other documentation sup-
c. Borrower's right to repay;
plied by the lender used for underwriting
d. Charges; purposes.While formal,written third party
e. Subordination; verification is always preferable, a mem-
orandum to the file documenting the con-
f. Borrower's failure to pay as re- versation with the third party will be
quested; acceptable. In such a case it is extremely
g. Obligation of persons under this note; important to specify the date,contact per-
h. Waivers; son, phone number, and address of the
third party the conversation is conducted
i. Uniform secured note. with.
The original promissory note is to be
maintained in the borrower's perma- (10) Home inspection. Purchasers of existing
nent file by the program administra- homes with a certificate of occupancy over
tor, and a copy will be maintained on .12 months old at the time of application
file in the county's finance depart- will be required to have a home inspec-
ment.
lions completed by a licensed home inspec-
Supp.No.21 CD114:30
SOCIAL SERVICES § 114-97
tion company.A copy of the home inspec- (b) For goods identified to be purchased, the
tion will be maintained in the borrower's borrower must submit a price quote to the pro-
permanent file. gram administrator for approval prior to pur-
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(V), chase. This estimate is to be approved by the
10-24-00; Ord. No. 01-64, § 3, 11-13-01; Ord. No. borrower and a representative of the program
04-55, § 3; Ord. No. 2005-70, § 1; Ord. No. 2006- administrator prior to purchase or delivery.There-
45, § 1) after, the program administrator may inspect the
borrower's home for the approved goods to pro-
Sec. 114-96. Rehabilitation/emergency re- vide reasonable assurance that the approved goods
pair; eligibility criteria. were delivered and are in good working order. No
funds will be disbursed prior to verification by the
(a) In order to be considered, applicants must program administrator and inclusion of an item-
meet the eligibility criteria for the down payment/ ized delivery slip or invoice from the approved
closing cost assistance portion of this program. goods supplier.
(b) Only construction, rehabilitation or emer- (c) Rehabilitation/emergency repair work.
gency repair of affordable housing which is a (1) For rehabilitation/emergency repair work
permanent improvement to the home, including not requiring a building permit, the bor-
but not limited to:repairs or improvements which rower has the option to either perform the
are needed for safe sanitary habitation,correction rehabilitation work as an owner builder,
of substantial code violations, and installation, or to contract with a tradesman holding a
repair, or replacement of any major goods, partic- certificate of a competency in Collier
ularly appliances will qualify under this program. County in the specific trade correspond
Items deemed necessary on the home inspection ing to the type(s)of rehabilitation work be
report shall be completed prior to any additional
to performed.
repairs.
(2) For work requiring a building permit the
(c) Purchasers of homes which have had a borrower will be responsible for the selec-
certificate of occupancy for less than 12 months at tion of a Collier County or state licensed
time of application will not qualify for rehabilita- contractor who must perform the rehabil-
tion/emergency repair under this program, but itation/emergency repair work.
will be eligible for down payment/closing cost
assistance loans of up to $50,000.00. The contractor or tradesman who is se-
lected must supply a detailed written es-
(d) Rehabilitation/emergency repair loans will timate to the borrower
be limited to $2,500.00 per borrower.
(Ord. No. 94-59, § 3; Ord. No. 00 69, § I(VI), (3) Borrowers performing their own rehabil-
10-24-00; Ord. No. 04-55, § 3; Ord. No. 2005-70,
itation repair work must also submit a
§ 1; Ord. No. 2006-45, § 1) detailed cost estimate of materials to be
purchased which must be approved by the
county's department of operational sup-
Sec. 114-97. Monitoring of rehabilitation/ port and housing prior to commencement
emergency repair work includ- of rehabilitation work.
ing goods purchases.
(4) A copy of the approved estimate will be
(a) Information regarding the nature of the maintained in the borrower's permanent
rehabilitation/emergency repair work to be per- file. Monitoring of the work to be per-
formed or goods to be purchased will be compiled formed by a tradesman or contractor will
by the homebuyer. Abatement or correction of be the responsibility of the borrower. Con-
health and safety housing code violations are to tractual agreements made will be be-
be given priority over any rehabilitation work or tween the borrower and tradesman con-
goods purchase. tractor. The program administrator will
Supp.No.21 CD 114:31
§ 114-97 COLLIER COUNTY CODE
be provided with a copy of the signed (2) Physical inspection. A copy of all required
contract and approved estimate for reha- physical inspections conducted by the
bilitation/emergency repair work, which county permitting and review depart-
will be maintained in the borrower's per- ment, or program administrator will be
manent file. maintained in the borrower's permanent
file.
(5) Upon completion, any work requiring a
building permit to be performed will be (3) Second mortgage. As described in the sec-
inspected by the county permitting and tion detailing documentation required for
review department. All work performed down payment/closing cost assistance,the
not requiring a building permit and not second mortgage will be used to secure
requiring an inspection by the county the promissory notes. The second mort-
permitting and review department may gage will be recorded by the Collier County
be inspected by the program administra- Clerk of the Circuit Court. The original
tor to provide reasonable assurance that recorded second mortgage or evidence the
such work has been satisfactorily corn- second mortgage was recorded will be
pleted. maintained in the borrower's permanent
file. Fees associated with the recording of
(6) No funds will be disbursed prior to verifi- this document are to be paid by the bor-
cation of satisfactory completion of reha- rower.
bilitation/emergency repair work by the (Ord. No. 94-59, § 3; Ord. No. 00-69, § I(VIII),
county's building and review department 10-24-00; Ord. No. 01-64, § 5, 11-13-01; Ord. No.
or program administrator and inclusion of 04-55, § 3; Ord. No. 2005-70, § 1; Ord. No. 2006-
final invoice from a material or goods 45, § 1)
supplier and/or contractor or tradesman
submitted to the county's operational sup-
Sec. 114-99. Procedure of loan closings and
port and housing department. the disbursement of funds.
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(VII),
10-24-00; Ord. No. 01-64, § 4, 11-13-01; Ord. No. (a) The lender underwriting the first mortgage
04-55, § 3; Ord. No. 2005-70, § 1; Ord. No. 2006- will make a formal request for the reservation of
45, § 1) S.H.I.P. funds by contacting the program admin-
istrator. Reservation requests should be made a
Sec. 114-98. Required documentation for re- minimum of 30 days prior to the contract closing
habilitation/emergency repair date, and substantiated through the use of the
including goods purchases. S.H.I.P. application. At this point, funds will be
reserved, and the applicant will be assigned a file
(a) The following documentation will be re- number. It will be asked that all completed pro-
quired of all participants eligible,for rehabilitation/ gram documentation be provided for the purposes
emergency repair loans: of verifying the applicant's eligibility, and to ini-
tiate the disbursement process.
(1) Contractor/tradesman's, or materials, or
goods purchase estimate. All work that is (b) The program administrator will be notified
to be performed must be listed. A copy of of the request for funds through a requisition,and
the approved estimate will be maintained a separate purchase order will be issued for each
in the borrower's permanent file. This borrower or a direct pay check request. Loan
form must be delivered to the program funds for down payment/closing cost assistance
administrator prior to the commencement will be issued in the form of a two payee check,
of any rehabilitation/emergency repair payable to the borrower/closing agent. Receipt of
work. Rehabilitation/emergency repair these funds will be verified by the closing agent,
loans under this program will be made up and further evidenced on the formal settlement
to a maximum of$2,500.00. statement, a copy of which will be maintained in
Supp.No.21 CD114:32
SOCIAL SERVICES § 114-99
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 be disbursed to the contractor,trades-
man or business establishment through a sep-
arate purchase order or a direct pay request
only after submission of the invoice and a
satisfactory inspection report, if required.
(c) A representative of the program adminis-
trator will be present at loan closings whenever
possible. The representative will verify that all
mortgage and supporting documents have been
executed properly, and that the second mortgage
be recorded by the Collier County Clerk of the
Circuit Court. The recorded second mortgage or
evidence of recording will then be kept on file by
the program administrator. The completed
borrower's file will contain copies of all documen-
tation 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 com-
plete audit trail.
(Ord. No. 94-59, § 3; Ord. No. 00-69, § I(IX),
10-24-00; Ord. No. 01-64, § 6, 11-13-01; Ord. No.
04-55, § 3; Ord. No. 2006-45, § 1)
Supp.No.21 CD114:33
Chapters 115-117
RESERVED
CD115:1