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Home My WebLink About05-371 ~~. ~~C&JJ ~~ ~ RESOLUTION NO. 05-371 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ESTABLISHING GUIDELINES AND PROCEDURES FOR THE ADMINISTRATION OF A FINANCIAL HARDSHIP ASSISTANCE PROGRAM FOR THOSE UNINCORPORATED COUNTY RESIDENTS LIVING AT OR BELOW POVERTY LEVEL AND OWNING REAL PROPERTY SUBJECT TO SPECIAL ASSESSMENTS IMPOSED BY THE COUNTY; PROVIDING FORAN APPLICATION PROCESS; PROVIDING THE CRITERIA UPON WHICH FINANCIAL HARDSHIP ASSISTANCE SHALL BE GRANTED; PROVIDING THAT THE FINANCIAL HARDSHIP ASSISTANCE PROGRAM SHALL BE FUNDED BY LEGALL Y AVAILABLE FUNDS AND NOT BY SPECIAL ASSESSMENTS; PROVIDING FOR APPLICABILITY ; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the provisions of Chapter 125, Florida Statutes, S1. Lucie County Ordinance No.05-032, and other applicable provisions of law. Section 2. Findings. It is hereby ascertained, detennined and declared that: (A) Chapter 1-13.5 of the S1. Lucie County Code of Ordinances (the "Code") provides for the establishment of municipal service benefit units ("MSBU") in unincorporated areas of S1. Lucie County (the "County") for the purpose of providing water, road, drainage and waste and sewage collection and disposal and other essential facilities and services. (B) Chapter 1-13.5 further provides that the cost of such services may be paid in whole or in part from funds derived from special assessments levied within such units, and that the special assessments may be collected in the manner provided for ad valorem taxes pursuant to Chapter 197, Florida Statutes. (C) Failure by a property owner to pay special assessments collected pursuant to Chapter 197, Florida Statutes, will cause a tax certificate to be issued against the property which may result in a loss of title. (D) The Board of County Commissioners of S1. Lucie County (the "Board") enacted Ordinance No. 05-032 to provide a program of assistance to unincorporated County residents who are living at or below poverty level and who may be at risk of losing title to their homes as a result of inability to pay the special assessments imposed against their property. (E) Ordinance No. 05-032 provides that the financial hardship assistance program shall be implemented by resolution. (F) It is necessary and desirable and in the best interests of the County and its inhabitants that the County implement the Financial Hardship Assistance Program as provided herein. Section 3. Financial Hardship Assistance. (A) The financial hardship assistance contemplated herein shall take the fonn of payment by the County to the established project fund for the special assessment otherwise due from applicant land owner; (B) In order to be eligible for financial hardship assistance hereunder, applicants must first apply for and be denied assistance under the County's State Housing Initiatives Project (S.H.J.P.) program or other alternate funding sources through St. Lucie County Community Services that may be available. (C) Any request for financial hardship assistance shall be filed in the offices of the MSBU Coordinator. (D) The funds shall be awarded on a first come/first served basis, based on a sliding scale of the applicant's gross income. (E) Award of funds shall cause a lien to be recorded upon said property for the tenn of the non-ad valorem special assessment. If subject property is sold within this timeframe, the County shall be entitled to a refund from the property owner based upon a prorated amount of the final assessment amount, plus all interest that would have accrued to said date oftransfer of property ownership. Section 4. Limitations. (A) The Board, in its sole discretion, shall on an annual basis detennine and designate the funds available to fulfill the purpose of this Resolution. The provision of hardship assistance in anyone year shall in no way establish a right or entitlement to such assistance in any subsequent year and the provision of funds in any year may be limited to the extent funds are available and appropriated by the board of county commissioners. (B) County expenditures for funding of the financial hardship assistance program shall consist solely oflegally available funds other than those derived from special assessments. (C) Assistance be available in every MSBU (D) Assistance be available for MSBU assessments only. Section 5. Application Deadline. Any request for financial hardship assistance or an exemption shall be filed in the offices of the MSBU coordinator at 2300 Virginia Avenue, Fort Pierce, Florida, prior to adoption of the Preliminary Assessment Roll. Failure to file such request within the time pennitted shall constitute a waiver of such right. Section 6. Right of Applicant to Appeal; Determination of Eligibility. (A) An applicant may appeal the staff detennination of ineligibility to an administrative review panel consisting ofthree (3) county employees appointed by the county administrator. The appeal shall be initiated by letter from the applicant to the county administrator and submitted within fifteen (15) days after issuance of the staff detennination of ineligibility. The applicant may submit such additional documentation and evidence in support of the appeal as may not have reasonably been produced prior to the staff determination due to the unavailability of such documentation of the amount of time available for providing such documentation. The administrative review panel may allow the applicant to appear and offer under oath any relevant testimony that may assist the panel in making its determination. The administrative review panel shall promptly notify the applicant of its final determination. (B) Anyone wishing to appeal a determination of the administrative review panel may do so by submitting a written petition to the Board within fifteen (15) days after a notice of the determination from the administrative review panel. The Board may make its determination based upon the review of the initial application and documents, the written petition, and a written response provided by the administrative review panel. The Board, in its sole discretion, may grant the applicant a hearing, and notify the applicant of a time and date on which their appeal will be considered. The 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 or the administrative review panel, but may, in order to fulfill the purposes of this article, request, and receive additional evidence and testimony in order to effectuate the purpose of this article. Section 7. Repeal of Inconsistent Instruments. All resolutions of the County or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 8. Effective Date. This resolution shall take effect immediately upon its adoption. [Remainder of page intentionally left blank.] PASSED AND DULY ADOPTED this 27th day of September, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. 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