Ordinance 2009-63
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~ Ii N ORDINANCE OF THE BOARD OF COUNTY" ~
~r;. ~)~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA
<;026?:8ZL1}j1..c;;", RELATING TO THE DISPOSITION OF REAL PROPERTY
ACQUIRED UNDER THE NEIGHBORHOOD STABILIZATION
PROGRAM, AUTHORIZED BY TITLE III OF DIVISION B OF
THE HOUSING AND ECONOMIC RECOVERY ACT OF 2008;
PROVIDING FOR AN ALTERNATIVE TO SUBSECTIONS (1)
AND (2) OF SECTION 125.35, FLORIDA STATUTES, BY
PRESCRIBING MINIMUM DISPOSITION STANDARDS AND
PROCEDURES TO BE USED BY COLLIER COUNTY IN
SELLING AND CONVEYING REAL PROPERTY ACQUIRED
UNDER THE NEIGHBORHOOD STABILIZATION PROGRAM;
PROVIDING FOR INCLUSION IN THE COLLIER COUNTY
CODE OF LAWS AND ORDINANCES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 30, 2008, Public Law 100-289, Title III of Division B of the Housing and
Economic Recovery Act of 2008 appropriated $3.92 billion dollars for the redevelopment of
abandoned and foreclosed homes and residential properties for a program commonly referred to as the
Neighborhood Stabilization Program; and
WHEREAS, on March 24, 2009, the Board of County Commissioners approved the
Neighborhood Stabilization Program grant agreement with the United States Department of Housing
and Urban Development to accept $7,306,755 in federal funding for activities to benefit Collier
County; and
WHEREAS, on March 24, 2009, later amended on October 27, 2009, the Board of County
Commissioners approved the Neighborhood Stabilization Program Administrative Plan to provide the
policies and procedures for operating the Neighborhood Stabilization Program; and
WHEREAS, as a condition of accepting Neighborhood Stabilization Program funding, Collier
County must expend or commit all funds within eighteen (18) months of execution of the grant
agreement with the United States Department of Housing and Urban Development; and
WHEREAS, the Housing and Economic Recovery Act of 2008, the grant agreement and
applicable federal regulations provide the standards and conditions for the acquisition, improvement
and disposition of properties acquired under the Neighborhood Stabilization Program; and
WHEREAS, Section 125.35, Florida Statutes, containing the general provisions governing the
acquisition and disposition of properties by local governments, and the federal regulations governing
the Neighborhood Stabilization Program are not directly compatible; and
WHEREAS, Section 125.35(3), Florida Statutes, provides that Collier County may enact an
ordinance for the acquisition and disposition of real property that meets the minimum standards and
procedures set forth therein; and
Page 1 of 4
WHEREAS, in order to comply with the federal regulations relating to the acquisition and
subsequent conveyance of properties assisted under the Neighborhood Stabilization Program to income
qualified persons or households, as defined by the United States Department of Housing and Urban
Development, this Ordinance is adopted as an alternative to the provisions of Section 125.35 (1) and
(2), Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: MINIMUM DISPOSITION STANDARDS AND PROCEDURES TO BE
USED BY COLLIER COUNTY IN SELLING AND CONVEYING
NEIGHBORHOOD STABILIZATION PROGRAM REAL PROPERTY
A. Housing and Human Services will maintain a list of Neighborhood Stabilization Program
residential properties available for sale or rental to income qualified persons or household, a list
of residential properties actively being rehabilitated, and an estimated availability date for all
Neighborhood Stabilization Program residential properties.
B. Housing and Human Services will market the available residential properties through a variety
of public and private resources including, but not limited to, newspaper advertisement, Collier
County's government website, social networking internet websites, Collier County TV, housing
expos, or any other available resource.
C. Housing and Human Services shall provide reasonable public notice of the intent to consider
final disposition of Neighborhood Stabilization Program residential properties. Such notice
shall be presented as an item on the Board of County Commissioners consent agenda.
D. All persons interested in purchasing a residential property assisted under the Neighborhood
Stabilization Program shall be pre-qualified by Housing and Human Services. Furthermore,
Housing and Human Services will maintain a list of potential purchasers, arranged in
chronological order of qualification.
E. Purchasers of residential property assisted under the Neighborhood Stabilization Program must
have a household income not greater than 120 percent of the local area median income (Naples-
Marco Island metropolitan statistical area).
F. Applicants will be served on a first-come, first-served basis once eligibility and readiness to
purchase has been established.
G. The maximum sales price for a property is determined by aggregating all costs of acquisition,
rehabilitation, and redevelopment (including related activity delivery costs, which generally
may include, among other items, costs related to the sale of the property). In accordance with
federal regulations, no residential property assisted under the Neighborhood Stabilization
Program may be sold for more than the sum of the aforementioned costs.
H. Applicants must obtain a first mortgage, as needed, conforming to the loan conditions and
requirements as determined by Housing and Human Services.
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1. Upon determination of a proposed conveyance, Real Property Management will prepare a "As-
Is" Contract For Sale And Purchase incorporating all details of the transaction. Each "As-Is"
Contract For Sale And Purchase shall be approved by the Director of Housing and Human
Services, or hislher designee, and by the County Attorney's Office for form and legal
sufficiency. Such approval shall be made prior to execution of said contract.
J. Purchasers shall be responsible for all closing costs involved in any property transfer, and the
"As-Is" Contract For Sale And Purchase will reflect this provision.
K. Following appropriate approval, Real Property Management shall supervise the execution of
the "As-Is" Contract For Sale And Purchase. Purchasers must provide at least One Thousand
and 001100 Dollars ($1.000.00) earnest money deposit at the time of purchaser's execution of
the "As-Is" Contract For Sale And Purchase.
L. Earnest money deposits will be held by the title company selected by Real Property
Management to assist in the closing of each individual transaction. Any title company selected
shall be a County approved vendor.
M. Real Property Management will prepare and/or review all documentation required for the
closing of transfer transactions, and will coordinate with the County Attorney's Office to obtain
approval of all documents for form and legal sufficiency. Real Property Management will
obtain proper execution of all documents.
N. The Chairman of the Board of County Commissioners is authorized to execute "As-Is"
Contracts For Sale And Purchase, Statutory Deeds, and any and all other documents necessary
for the transfer of residential properties in accordance with the Neighborhood Stabilization
Program Administrative Plan.
O. Real Property Management will coordinate with the title companies and/or closing agents to
assure proper closing of all transfer transactions, and will deliver closing proceeds as Housing
and Human Services shall direct.
P. Proceeds from the transfer of properties are considered program income as described in the
Neighborhood Stabilization Program Administrative Plan.
Q. If a property is transferred to a non-profit provider of affordable housing and subsequently
rented, the maximum affordable rent shall not exceed the Fair Market Rents as published
annually by the United States Department of Housing and Urban Development for the Naples-
Marco Island metropolitan statistical area. Any revenue in excess of allowable costs shall be
returned to Collier County as program income.
R. Collier County shall comply with Collier County development codes and any applicable zoning
ordinance(s) when disposing of Neighborhood Stabilization Program residential properties.
S. Neighborhood Stabilization Program residential property may be sold or conveyed to qualified
non-profit organizations for reduced or no monetary consideration if it is determined that the
organization can serve the rental or homeownership needs of qualified persons or households.
Any such transfer must be approved by the Board of County Commissioners.
Page 3 of 4
.
T. The provisions contained herein are the minimum disposition standards and procedures to be
used by Collier County in selling and conveying Neighborhood Stabilization Program real
property. The provisions may be further implemented by the Neighborhood Stabilization
Program Administrative Plan, as amended, and approved by the Board of County
Commissioners.
U. Housing and Human Services will maintain copies of all Neighborhood Stabilization Program
documents that are required to be maintained.
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any
other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this 1st day of December, 2009.
ATTEST:.,;)' ..... BOARD OF COUNTY COMMISSIONERS
DWI~H~;E"l3R~C~.c;~~~ \ OF COLLIER UNTY, FLORI7A
~~ . j, ~ ~<t.4. 12/01/2009
'.' '. By.
. . 'f,,' ~~V:C.iERK DONNA FIALA, CHAIRMAN
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Approval for fOr,m"atlo legal Sufficiency:
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Jennifer . WhIte This ordinance filed with thl:!
Assistant County Attorney Snretary of ~ Office the
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ond acknowiedgement of that
Win received t is day
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.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-63
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners