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Resolution 1994-148/CWS 94-2 ; i; . RESOLUTIon NO. 94- 146 ews NO. 94- 2 KWS NO. 94--3-- GW NO. 94--L "AItCR 8, 1994 A RESOLUTION ESTABLISHING A HOUSING ASSISTANCE ~ BY PROVIDING AID AND ASSISTANCE FOR CERTAIN QUALIFIED HOMEOWNERS WHO ARE RESIDENTS OF COLLIER COUNTY WITH ASSISTANCE IN PAYMENT OF ANNUAL CHARGES FOR SPECIAL ASSESSMENT LIENS FOR WATER OR SEWER IKPROVEXENTS; AUTHORIZING THE EXPEHDlTURl!: OF WATER AND SEWER REVENUES FOR A SPECIAL ASSESSMENT HARDSHIP PROGRAM; ESTAS- LISHING ELIGIBILITY REQUIREMENTS; ESTABLISHING LrKITATIONS; REQUIRING THAT APPLICATIONS BE FILED BY A DATE CERTAIN; PROVIDING FOR ADMINIS- TRATIVE DETERMINATIONS OF ELIGIBILITY FOR COUNTY ASSISTANCE; PROVIDING FOR AN APPEAL mOM A DETERKINATIOH OF INELIGIBILITY FOR COUNTY ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. 1fHEREAB, the Board ot County COlRlIi..ion.r. ot Collier County in its individual capacity and a. Ex-otticio the Governinq Board ot the Colli.r County Wat.r-S.v.r Di.trict, Goodland Water Di.trict and the Marco Wat.r and S.ver Di.trict (her.inatt.r reCe=.d to a. the "Board") e.tabli.hes special a.......nt prograas and und.rtakes program. providing improve- aents in r..id.ntial ar.a. and particularly in subdivisions dev.loped prior to requirem.nt. tor rea.onabl. mandatory ~ov...nt.; and 1fHEREAB, a .pecial a......ent prograJl provid.. tor the tundinq ot .uch improvement. through the ..tablishment ot special assesnent charges and liens in accordance with the benetit r.c.iv.d by each lot or parcel ot land in the subdivi- .ion or neighborhood; and WHEREAS, the Board typically bo=ovs tunds to build such iJlprov...nt. .ecured by a pledge ot the special assessment li.ns; and WHEREAS, to provide tor the etticient admini.tration ot a program tor coll.cting .pecial as.essm.nt liens, the Board typically authoriz.. the coll.ction ot special as.....ent liens in the "Mer provided tor ad valorem taxes as provided in S.ction 197.3632, Florida Statutes; and 9~33,1 "AItCR 8, 1994 WHEREAS, the Board has d.t.rmin.d that a limit.d program ott.rinq a..i.tanc. to low incom. hom.own.r. who Jlay risk losinq title to th.ir home due to the inability to pay special .....nent charg.. vh.n du. vould r.li.v. the public trom the deaan4 and burd.n.OII. co.t. a.sociat.d vith such di.placed famili.. and hom.own.r.; and WHEREAS, the Board ot County COJIJIission.r. ot Collier County has d.t.rmin.d that the allocation ot tund. tor the eetabU.lment ot the .pecial a.......nt hard.hip program and that the .pecial a...._.nt hard.hip program a. authorized h.r.in con.titut.. a valid public purpo..; and WHEREAS, to the .xt.nt tund. may be allocated, it is the intent ot thi. R..olution to provide reli.t to certain quaUtied h01l.ovn.r. who may be at risk ot losing title to their hoae due to the inability to pay a .pecial assessment U.n. WOlf THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COfIKISSIOHERS OF COLLIER COUIITY, FLORIDA, that: 1. Th. Special As...SJlSnt Hard.hip Program a. outline in Attachm.nt A is h.r.by adopt.d. Thi. R..olution adopt.d atter 8otion, second and majority vote tavorinq .ame. .,:' .....~ "....,'", """ 'I" . .I,. " ''''~ .":: \ DATED:.~/.f'~ ATTEST:. DWIGHT E. BROCK, Cl.rk . . BOARD OF COUNTY COMJrISSIONERS COLLIER COUIITY, FLORIDA AS THE , . . GOVERNING BODY OF COLLIER COMY, f FLORIDA, AND AS EX-oFFICIO THE ....... GOVERNING BOARD OF, THE co'ttI'tR' COUNTY W SEWER. DISTRICT. . . GOOD IlATER DISTRICT .AND..THE . . MARCO ATER AND SEWER/Ill ~ ~:'I""'. ..: ....'..... ~. ':..IP;) {J/ . .: . r:, .,' ... . v. ......,' " ~ ...' : .... - r,:. . -.. . .... ';,'" ~i '. .~.. ~.. ..., nA ?C.~:. ~--:-~' ~/'YJ.C . I" . $\\ \\.. APProved a. to tora and leqal suffici.ncy: H~~. Jvanovth /J 33" Assi.tant County Attorney j.;;:r"'~ . 0< ~Olll By . . "."'-:' '- \ ~ ~~~ . an: '"of.' , I~, ".: "...., , I. '. KAltC8 8, 1994 ATTACHMEHT A 'rIB SPECIAL AI.UIXDT IlAAD.BIP nO<iV.K Bect: ion 1: Policy and Intent. Th. int.nt ot this Proqraa is to provide a proqram ot a.sistance to permanent reeidents ot Collier County who are living below the poverty level and are at ri.k ot losing title to their hOll.s a. the result ot water and s.ver improvements tunded in whole or in part by special a.......nt lien. impo.ed by Collier County. It 1. the policy of this Board ot County Coeaissioners that this Prograa be interpr.ted broadly in order to .ttectuat. this intent. section 2: Det1ni tion.. " A. Att.ct.d District _ans the County, Collier County Water-Sever Di.trict. Karco Water and Sever Di.trict. or the Gooc1land Water District authorizing the construction ot the water and/or sever capital improv...nt. 8, ~ means the Board ot County Coeaisdoners as tha governinq body ot Collier County and as Ex-ott1cio the gov.rning Board ot the Collier County Water-Sever District, the Marco Water and Sever District and the Goodland Water District. C. Disabled as used herein .ean. that a person has a physical or mental impairment vhich substantially limit. the person. ability to obtain .mployment and that the person has a record ot having such an impairment as certitied by at lea.t one physician or where the applicant has obtained tax ex.mpt status tor totally and permanently disabled person under 5196.101. Fla.Stats., or be.n tound eligible under any State or Federal proqraJl applying similar criteria. ! D. Earnina. or Fami1v Earninas as us.d herein means adjusted gross earnings and support trOlll all sources, O~33.3 KAlteR 8, 1994 including non-taxable sources ot .upport, received by ell tamily members, including rental revenue. E. Elderlv mean. a person vho vill be sixty-tive (65) or older prior to January 1. ot the year in which assis- tance is granted. F. Familv a. us.d h.r.in include. husband, wite and .inor. and related or unrelated individual residing in a hous.hold who receive more than 50\ ot their .upport trOll the Family Earnings. CO, OWner m.ans a) one who holds l.gal or beneticial title in .quity to r.al property in Collier County; or b) one who i. the relative ot a decedent vho held legal title or ben.ticial title to such real property and has paid all ad valorem taxes on the property in the prior year. H. R.lative ..an. one who i. r.lat.d to the owner as tather, aother. son. daughter. brother. sister. uncl., aunt, tirst cousin, nephew, niece. husband. wit., steptather. stepmother, stepson. stepdaughter, .t.pbrother. stepsister. halt brother or halt sister. Section 3: Deterral ot SDecial Assessments Authorized. Th. det.rral ot all or a part ot the annual payments due for .pecial a.......nt lien tor water and sever capital improv...nt. ..tablished in accordance vith the terms ot this PrograJl i. h.reby authorized. In the ev.nt the deterral of a special assess.ent leads to a shorttall in revenues necessary to m.et annual debt service requirements. the Board shall, through the use wat.r and s.wer revenue. collected vithin the att.cted di.trict tund the .horttall. A.si.tanc. .hall be ba..d upon the total tamily income. as adju.ted to reflect tamily .iz.. section 4: Eliaibilitv Reauirements. Eligibility requirem.nts .hall include the tollowing minimuJl criteria and such additional criteria as may trom time to time be estab- li.h.d by the Boa':p~.3 3 . f KAItCR 8, 1994 A. The occupant is the owner ot the property and is enti tled to claiJl homestead tax exemption under the Constitution ot Levs ot Florida. Proot ot obtaining homestead tax exemption or certitication ot eligibil- ity tor homestead tax exemption by the Property Appraiser tor Collier County shall establish tultill- ment ot this requirement. but shall not preclude the establishment ot criteria by the Board ot County C01IIaissioners that would permit the granting ot assistance where the occupant is the elderly parent ot the owner, a relative ot the owner who is disabled or an heir or relative ot a deceased owner. B. All ad valorem taxes on the property have been paid or the owner has obtained a homestead tax deterral. C. The owner is prepared to pay. or qualitied to obtain a hoasstead tax deterral tor the current ad valorem taxe. when due. D. The property is not the subject ot pending or threat- ened toreclosure action and that no mortgage or other encumbrance creating a lien against the property is in detault. E. A lIlt'orn stat8llent ot the owners intent to remain qualit1ed tor hOllestead exemption except where the homestead exemption requirement is not applicable and that the property is not encumbered by a contract tor sale at the time ot the applications. F. Allowable tamily earnings shall be at or below the levels established trom time to time. based upon the poverty level guidelines published by the Federal Governllent. Such criteria shall be used as guide- lines and tor the initial determination ot eligibil- ity provided however. any such determination shall be subject to the li.itations set torth in this Resolution. Until amended by the Board ot County Coeaissioners the earnings criteria shall be as established in Exhibit "A" attached hereto. .----.. "AItCR 8, 1994 Section 5: Limitation.. Annually, the Board. in it. sol. di.=.tion. .hall d.termin. the a.ount ot assess.ents vithin the att.ct.d di.trict to be deterred until the property is transt.rr.d to another own.r. The provision ot assistance in any on. y.ar .hall in no way ..tabli.h a right or .ntitl...nt to such a..i.tanc. in any .ub.equent y.ar. As .oon a. pos.ibl. att.r the deadline tor .ubmi..ion ot applications and tiling appeal., the County Admini.trator shall advise the Board ot the approximate det.=al neces.ary. It the a.ount approv.d 1. in.uttici.nt to provide a.sistanc. to all owners who are .ligible. a..i.tanc. .hall be grant.d to the .ligibl. own.r. vith the lowe.t earning. based upon con.id.ration ot taaily. Th. d.te=ed a......ent. .hall be repaid to the County upon the .al. or tran.f.r ot the property .ubject to the ........nt to another owner or at the tim. the OWner no longer qualities tor a..i.tanc., which.ver occur. tir.t. It r.payment 1. trigger.d by the .al. or tran.ter ot the property. the deterred a.......nt mu.t be i..ediately repaid. It the r.paym.nt i. trigg.r.d by the OWner no longer qualifying tor a..i.tanc., inter..t .hall accrue on the d.t.rred a..e...ent. at the .a~. rat. a. the rat. being charged to all property own.r. within the a....SII.nt proj.ct until the tull a.ount ot the det.rred a......ent i. repaid. Intere.t shall begin accruing at the ti.. the OWner no long.r qualities tor ...i.tanc.. The .al. or tran.ter ot the property to a fa.ily aeaber re.iding with the own.r at the ti.o ot transter shall not trigger the repayment ot the deter~ed a..e.s.ent; provided that. the new owner ...t. the def.rral guideline.. Section 6: Sun-ission ot ADolication Reauired and Deadlin.. ~.tabli.hed. A. Submi..ion. Reauired: A hOll.own.r wi.hing to obtain a..i.tance under the Sp.cial A.......nt Hard.hip Program .u.t .ubmit an application on a torm prescribed by the County and turni.h.d by the County Administrator, or his KAI.CB 8, 1994 designee. The application torm shall be signed upon oath by the applicant betore an otticer authorized by the state to administer oaths. The applicant shall be required to provide such other evidence and documentation as dee.ed necessary by the County Adainistrator or his designee in considerinq the application, including but not limited to. an attidavit at all !a.ily earnings and support. The subl8ission ot talse. misleading or incomplete applications and the !ailure to provide appropriate dcx:u.entary evidence in support ot an application prior to the deadline tor the submission ot an application shall constitute grounds tor denial ot the application. B. Aoolication Deadlines: C~plete applications and dcx:u.entation must be submitted by June 1 ot the year preceding the tax year in which assistance is sought. The tirst year assistance will be available is the 1994 tax year. Thus, cOIIplete applications lllUst be received prior to June 1. 1994. Secticn 7: Administrative Determination ot Ellai- bil1tv. The County Ac1ainistrator shall asa1qn the responsi- bility tor reviewing applications to appropriate stat!; who shall be responsible tor advising applicants ot the need tor ac1ditional evidence and documentation and providing applicants with notice ot the tinal statt determination ot the applicants eligibility status and the right to appeal the determination. Anyone wishing to appeal the statt determination ot ineligibility may do so by requesting a hearing betore the Board within titteen (15) days atter a notice ot the determination ot the stat! determination ot eligibility. An applicant will be notified ot a time and date at which their appeal will be considered by the Board vhich date shall be no sooner than seven (7) days atter the tiling ot an appeal. The Board shall not be required to consider any evidence or dcx:u.ents not presented tor review by statt but eay, in order - ~ - "AItCR 8, 1994 to tultill the purpo.e. ot thi. Program, requ..t and receiv. a4ditional evidence and te.timony in order to ettectuat. the purpose. ot this Program. Section 8: Violation. and Penalties. The submi..ion of a tal.. or traudul.nt application or talse or traudulent documen- tation in support ot an application shall constitute a viola- tion ot this Program. Upon tinding that a..istance has been granted ba.ed upon a traudulent application or an application containing traudul.nt, tal.e or misleadinq intoraation, the Board aay act to collect a sp.cial a.......nt tor vhich ...iatence va. granted. Hothinq herein shall prohibit Collier County trOD ex.rcising oth.r remedies available under the Lavs ot Florida. . . r' ~~ ts , o o .. ~ -, HARCH 8, 1994 ]1 ]) I ]) 1) I ~I ts .. 0 c: 0 ... .. " t: 0 " ... .e :: II) ), ." ~ .... E II) It k .. . " l>o .. ! ! 9~33,9 i