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Resolution 1996-358/CWS 96-09 RESOLUTION NO. 96- 358 AUG 1 3 1996 RESOLUTION NO. CWS-96-~ RESOLUTION NO. MWS-96-~ RESOLUTION NO GWD-96- 2 A RESOLUTION ESTABLISHING A HOUSING ASSISTANCE PROGRAM BY PROVIDING AID AND ASSISTANCE FOR CERTAIN QUALIFIED HOMEOWNERS WHO ARE RESIDENTS OF COLLIER COUNTl WITH ASSISTANCE IN PAYMENT OF AJn{UAL CHARGES FOR SPECIAL ASSESSMENT LIENS FOR WATER AND/OR SEWER IMPROVEMENTS; AUTHORIZING THE EXPENDITURE OF WATER AND SEWER REVENUES FOR A SPECIAL ASSESSMENT HARDSHIP PROGRAM; ESTABLISHING ELIGIBILITY REQUIREMENTS; ESTABLISHING LIMITATIONS; REQUIRING THAT APPLICATIONS BE FILED BY A CERTAIN DATE; PROVIDING FOR ADMINISTRATIVE DETERMINATIONS OF ELIGIBILITY FOR COUNTY ASSISTANCE; PROVIDING FOR AN APPEAL FROM A DETERMINATION OF INELIGIBILITY FOR COUNTY ASSISTANCE; PROVIDING FOR RECOP~ING OF THE HARDSHIP LIEN; PROVIDING FOR PAYMENT OF THE HARDSHIP LIEN UPON SALE OR TRANSFER OF THE PROPERTY; PROVIDING FOR APPROVAL OF ANNUAL SPECIAL ASSESSMENT HARDSHIP PROGRAM DEFERRALS; PROVIDING FOR VIOLATIONS AND PENALTIES; SUPERSEDING RESOLUTION NO. 94-148, NO. CWS-94-2, NO. MWS-94-1 AND NO. GW-94-1; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Ccmmissioners of Collier County in its individual capacity as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Goodland Water District and the Marco Water and Sewer District t (hereinafter referred to as the "Board") establishes special assessment programs and undertakes programs providing improvements in residential areas and particularly in subdivisions developed prior to requirements for reasonable mandatory improvements; and WHEREAS, a special assessment program provides for the funding of such improvements through the establishment of special assessment charges and liens in accordance with the benefit received by each lot or parcel of land in the subdivision or neighborhood; and WHEREAS, the Board typically borrows funds to build such improvements ~ecured by a pledge of the special assessment liens; and !OO( noo w' 179 AUG 1 3 1996 WHEREAS, to provide for the efficient administration of a program for collecting special assessment liens, the Board typically authorizes the collection of special assessment liens in the manner provided for ad valorem taxes as provided in Section 197.3632, Florida Statutes; and WrtEREAS, the Board has determined that a limited program offering assistance to low income hcmeowners who may risk losing title to their home due to the inability to pay special assessment charges when due would relieve the public from the demand and burdensome costs associated with such displaced families and homeowners; and WHEREAS, the Board of County Commissioners of Collier County has determined that the allocation of funds for the establishment of the special assessment hardship program and that the special assessment hardship program as authorized herein constitutes a valid public purpose; and WHEREAS, to the extent funds may be allocated, it is the intent of this Resolution to provide relief to certain qualified homeowners who may be at risk of losing title to their home due to the inability to pay a special assessment lien. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT{, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE GOODLAND WATER DISTRICT NlD THE MARCO WATER AND SEWER DISTRICT, that: SECTION ONE: Policv and Intent. The intent of the Special Assessment Hardship Program is to provide a program of assistance to permanent residents of Collier County who are living below the poverty level and are at risk of losing title to their homes as the result of water and/or sewer improvements f~nded in whole or in part by special assessment liens imposed by Collier County, the Collier County Water-Sewer IDOl nOO "'.' 460 AUG 1 3 1996 District, the Goodland Water District and the Marco Water and Sewer District. It is the policy of the governing board that the Special Assessment Hardship Program be interpreted broadly in order to effectuate the intent. SECTION TWO: Definitions. The following words or phrases as contained in this Resolution shall have the following meanings unless otherwise Btated: "Affected District" means the County, Collier County Water-Sewer District, Marco Water and Sewer District, or the Goodland Water District authorizing the construction of the water and/or sewer capital improvements. "Board" means the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water District. "Disabled" means that a person has a physical or mental impairment which substantially limits the person's ability to obtain employrr,ent and that the person has a record of having such an impairment as certified by at least one physician or where the applicant has obtained tax exempt status for totally and permanently disabled person under Section 196.101, Florida Statutes, or has beEn found eligible under any State or Federal program applying similar criteria. U:'arninas or Familv Earninas" means adjusted gross earnings and support from all sources, including non-taxable sources of support, received by all family members, including rental revenue. "Elderlv" means a person who will be sixty-five (65) or older prior to January 1, of the year in which assistance is granted. nfln HOf ,"'.,( AUG 1 3 1996 "Familv" means husband, wife and minors and related or unrelated individuals residing in a household who receive more than 50% of their support from the Family Earnings, "~" means; a) one who holds legal or beneficial title in equity to real property in Collier County, or bl one who is the relative of a decedent who held legal title or beneficial title to such real property and has paid all ad "talorem taxes on the property in the prior year. "Relative" means one who is related to the owner as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, ste~f.ather, stepmother, stepson, stepdaughter, stephrother, stepsister, half brother or half sister. SECTION THREE: Deferral of Bescial Assessment PaYments Authorized. The deferral of all or a part of the annual payments due for special assessment liens for water and/or sewer capital improvements established in accordance with the terms of this Program is hereby authorized. In the event the deferral of a special assessment payment leads to a shortfall in revenues necessary to meet annual debt service requirements, the Board shall, through the use of water and/or sewer revenues collected within the affected District fund the shortfall. Assistance shall be based upon the total family income, as adjusted to reflect family size. SECTION FOURl Eliaibilitv Reauiremente. Eligibility requirements shall include the following minimum criteria and such additional criteria as may from time to time be established by the Board: A. The occupant is the owner of the property and is entitled AUG 1 3 1996 to claim homestead tax exemption under the Constitution of the State of Florida. Proof of obtaining homestead tax exemption by the Property Appraiser of Collier County shall establish fulfillment of this requirement, but shall not preclude the establishment of the criteria by the Board that would permit the granting of assistance where the occupant is the elderly parent of the owner, a relative of the owner who is disabled or an heir or relative of a deceased owner. B. All ad valore~ taxes on the property have been paid or the owner has obtained a homestead tax deferral. C. The owner is prepared to pay, or qualified to obtain a homestead tax deferral for the current ad valorem taxes when due. D. The property is not the subject of pending or threatened foreclosure action and that no mortgage or other encumbrance creating a lien against the property is in default. E. A sworn statement of the owner's intent to remain qualified for homestead exemption except where the homestead exemption requirement is not applicable and that the property is not encumbered by a contract for sale at the time of the application. F. Allowable family earnings shall be at or below the levels established from time to time, based upon the poverty level guidelines published by the F~deral Government. Such criteria shall be used as guidelines and for the initial determination of eligibility provided, however, any such determination shall be subject to the limitations set forth by Resolution. Until amended by the Board, the earnings criteria shall be as established in Exhibit "A" attached hereto and incorporated herein. SECTION PIVE, ~itation.. Annually, the Board, in its sole discretion, shall determine the amount of the annual assessment charges within the affected lOOK OOCk'1H3 AUG I 3 1996 districts to be deferred until the property is transferred to another owner. The provision of assistance in anyone year shall in no way establish a right or entitlement to Buch assistance in any subsequent year. As soon as possible after the deadline for submission of applications and filing appeals, the County Administrator shall advise the Board of the approximate assessment deferrals necessary. If the amount approved is insufficient to provide assistance to all owners who are eligible, assistance shall be granted to the eligible owners with the lowest earnings based upon consideration of family. The deferred assessments shall be repaid to the County or the Affected District upon the sale, transfer or lease of the property subject to the assessment to another owner or at the time the Owner no longer qualifies for assistance, whichever occurs first. If repayment is triggered by the sale or transfer of the property, the deferred assessment must be immediately repaid. If the repayment is triggered by the OWner no longer qualifying for assistance, interest shall accrue on the deferred assessments at the same rate as the rate being charged to all property owners within the assessment project until the full amount of the deferred assessment is repaid. Interest shall begin accruing at the time the Owner no longer qualifies for assistance. The sale or transfer of the property to a family member residing with the owner at the time of transfer shall not trigger the repayment of the deferred assessment; provided that, the new owner meets the deferral guidelines. The proceeds of any award or claim for damages, direct or consequential, in conhection with any condemnation or other taking of any part of the Owner's property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to the Affected District or the County. IDOl (J(]n". 4 M AUG 1 3 1996 SECTION SIX: Submission of Application Rsauired and Deadlines Established. A. Submission Required: A homeowner wishing to obtain assistance under the Special Assessment Hardship Program must submit an application on a form prescribed by the County and furnished by the County Administrator, or his designee. The application form shall be signed upon oath by the applicant before an officer authorized by the State to administer oaths. The applicant shall be required to provide such other evidence and documentation as deemed necessary by the County Administrator or his designee in considering the application, including but not limited to, an affidavit of all family earnings and support. The submission of false, misleading or incomplete applications and the failure to provide appropriate documentary evidence in support of an application prior to the deadlir.e for the submission of an application shall constitute grounds for denial of the application. B. Application Deadlines: Complete applications and documentation must be submitted by June 1 of the year preceding the tax year in which assistance is sought. The first year assistance will be available is the 1994 tax year. Thus, complete applications must be received for the first year prior to June 1, 1994. SECTION SEVEN: Administrative Determination of Eliaibilitv. The County Administrator shall assign the responsibility for reviewing applications to appropriate staff; who shall be responsible for advising applicants of the need for additional evidence and documentation and providing applicants with notice of the final staff determination of the applicants eligibility status and the right to appeal th~ determination. IOO( nOO "dCi5 AUG 1 3 1996 Anyone wishing to appeal the staff determination of ineligibility may do so by requesting a hearing before the Board within fifteen (15) days after a ~otice of the determination of the staff determination of ineligibility. An applicant will be notified of a time and date at which their appeal will be considered by the Board, which date shall be no sooner than seven (7) days after the filing of an appeal. The Board shall not be required to consider any evidence or documents not presented for review by staff but may, in order to fulfill the purposes of the Special Assessment Hardship Program, request and receive additional evidence and testimony in order to effectuate the purposes of the Special Assessment Hardship Program. SECTION EIGHT: Aooroval of Annual Scecial Assessment HardshiD Proaram Deferrals. The Board shall approve each year by Resolution the Special Assessment Hardship deferrals which shall include the property owner's name, mailing address, legal description of the property, property folio no., the name of the special assessment district, account number and the amount of the annual special assessment payment being deferred. The Resolution in its entirety approving the annual special assessment hardship deferrals shall be recorded in the Official Records of Collier County, Florida. SECTION NINE: Violations and Penalties. The submission of a false or fraudulent application or false or fraudulent documentation in support of an application shall constitute a violation of this Program. Upon finding that assistance has been granted based upon a fraudulent application or an application containing fraudulent, false or misleading information, the Board may act to collect a special assessment for which assistance was granted. Nothing herein shall prohibit Collier County from exercising other remedies available under the La.....s of Florida. lOOK ono,~ 4Hf; - AUG 1 3 1996 SBCTIOH TBHI Prior Resolutions SUDer.eded. This Resolution shall supersede in its entirety Resolution No. 94-148, CWS-94-2, KWS-94-1 and GW-94-1. SECTIOK BLBVBHI Bffeative Cate. adoption. This Resolution shall become effective immediately upon its This Resolution adopted this ,{~ . ~"'.":''','''''''''''' "", '. I ". ." ',t"..;, .,,;' , '~ day of 1996, after motion, second and majority vote. .,;':: ....,. ATTEST: " ". ....DWIGH-:"E. .nROCx, CLERK ;!;'~.<~'\y :',lRf/ ~~"~ 1(r/1)(1. -....:>:>:.,. '~;":..,~'< ~,."" I'" I" ,.". .' " . Approved as to form and legal sufficiency: ~. - f)7u1J-;?JJ.Q u:; vid C. weigel County Attorney ~ 0" nnn \; _':.'.' .~. ~ I:. \...~;:./ ~ BOARD OF COUNTY CO~SIONERS .;,: ,<" COLLIER COUNTY, FLORri~J\/AB 'TIlE",'" GOVERNING BODY OF COLLItR".couN'i'Y, AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, THE llARCO WATER AND SEWER DISTRICT" AND 'I'JtE. GOODLAND WATER DISTR?CT "",,: BY: \ - - . . 'J . C. NORRIS, 'C1{AIRMAN ' '<:;::;:~", . ",..,,,' ',' ....;, :: ,(" .."