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Home My WebLink About10-013 } W~ /U ;r S~lr~ced ORDINANCE NO. 10-013 ~~~~~~f"U%~'~ A ~ Viand AN ORDINANCE AMENDING CHAPTER i -16.2 (PUBLIC PROPERTY), OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, TO CREATE ARTICLE III (NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS AND PROCEDURES) TO ESTABLISH STANDARDS AND PROCEDURES FOR SALE OF NEIGHBORHOOD STABILIZATION PROGRAM PROPERTY m~ra0 PURSUANT TO SECTION 125.35, FLORIDA STATUTES ~ ° ` (2008); CREATING SECTION 1-16.2-13 (PURPOSE); A ° CREATING SECTION 1-16.2-14 (COMPETITION AND ~ ~ ~ n ~AArnti QUALIFICATION STANDARDS); CREATING SECTION ~ ~ o ~ 3 aAo~ 1-16.2-15 (BID/PROPOSAL WAIVER PROCEDURE); ~ m ~ z = CREATING SECTION 1-16.2-16 (INFORMATION ON o ~ AVAILABLE COUNTY PROPERTY); CREATING SECTION ~ ~ ~ 1-16.2-17 (ELIGIBILITY DETERMINATION); CREATING ~ SECTION 1-16.2-18 (CONSISTENCY WITH ~ ~ COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS); PROVIDING FOR CONFLICTING o PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE ~ DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, Sections 125.35(1) and 125.35(2), Florida Statutes, provide for the sale of County owned real property subject to certain advertising requirements; and, WHEREAS, Section 125.35(3), Florida Statutes (2009) authorizes a county to adopt alternative procedures for the sale of county owned real property; and, WHEREAS, the County is participating in the Neighborhood Stabilization Program to acquire foreclosed residential properties in the unincorporated areas of the County and make them available to qualified residents of the County; and, WHEREAS, the County desires to adopt an alternative procedure in accordance with the provisions of Section 125.35(3) in order to provide for a more efficient and expedient sales procedure for properties acquired under the Neighborhood Stabilization Program. Underlined passages are added. ~1~ passages are deleted. t , NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-16.2 (PUBLIC PROPERTY) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Chapter 1-16.2 (Public Property) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended by creating Article III (Neighborhood Stabilization Program Sales Standards and Procedures) to read as follows: ARTICLE III. NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS AND PROCEDURES Section 1-16.2-13 Purpose. The purpose of developing the Neighborhood Stabilization Program ("NSP") is to acquire foreclosed and abandoned residential properties within the unincorporated areas of the County, rehabilitate them if necessary, incorporating green components where practical, and convey them to homebuyers meeting low and moderate income eligibilitx requirements. Section 1-16.2-14 Acquisition Procedures. A. This Board hereby authorizes the County Administrator, or designee, to execute purchase contracts in accordance with established purchase procedures and all documentation necessary to complete purchase of NSP residential properties within St. Lucie County. The Community Services Director, or designee, shall be responsible for administration of the NSP on behalf of the County. B. The purchase price of foreclosed properties under the NSP shall generallx be less than current appraised market value. The County shall adhere to the NSP requirements of minimum discounts for single property purchases and for bulk purchases. The Community Services Director, or designee, is hereby authorized to acquire NSP properties on behalf of the County subject to the following conditions: 1. The Community Services Director , or designee, shall utilize a form of agreement acceptable to the County Attorney for each property acquired. Underlined passages are added. ~2~ passages are deleted. f 1 ~ 2. The Communit~Services Director will coordinate all aspects of the acquisition process, includi~ conducting due diligence on each property, negotiation of the ultimate acquisition rice, and closing of the real estate transaction. 3. The Community Services Director, or designee, shall evaluate each property acquired and determine the scope of repairs for each home and coordinate the bidding~rocess and contract award for renovation work on each unit requiring repairs. 4. Properties shall be acquired in the name of St. Lucie County, a political subdivision of the State of Florida, unless a different ownership is specifically authorized by the Board of County Commissioners. Section 1-16.2-15. Snle of Properties The Board authorizes the County Administrator, or designee, to execute sales contracts in accordance with established purchasing procedures and all documentation, with the exception of County Deeds, necessary to complete the sale of NSP properties. The Board authorizes the Chairman to execute County Deeds for the sale of NSP properties. The NSP provides for the eligibility and qualification standards addressing the disposition of acquired properties. In conveying NSP properties to consumers, the federal regulations provide eligibility criteria dictated that the properties acquired by the County pursuant to the NSP may only be sold to individuals that qualifX under the following standards: A. All properties made available under the NSP shall only be conveyed to individuals or families whose income does not exceed one hundred twenty percent (120%) of the area median income established for St. Lucie County by the United States Department of Housing and Urban Development (HUD). B. To the extent practicable, residential properties sold by the County under the NSP shall be financed through conventional or other private-sector mortgage financing. To that end, residential properties acquired by the County under the NSP shall only be sold to individuals meeting the income and qualification criteria required by the NSP and preference shall be given to purchasers who also meet credit criteria of private lenders providing home mortgages to NSP home purchasers. Nothing in this Ordinance, however, is intended to preclude the granting of down-payment assistance, principal buy down assistance, or other assistance available through the County or any other public agency for an eligible buyer under any other assistance program. C. Notice of the availability for sale of NSP properties shall be through the Community Services Department and may include th.e use of private-sector realtors and Underlined passages are added. ~3~ ~sl~k~ passages are deleted. y I 4 such realtx-based services as the multiple listing service. In addition, the Community Services Director, or designee, shall make information on the NSP known to the citizens of St. Lucie County through educational outreach programs established by the Community Services Department, County Lands or not for profit organizations. Interested applicants will be encouraged to contact a Housing Facilitation Agency, the Community Services Department or other source deemed appropriate by the Community Services Director, or designee, which has access to the list of homes for sale and home loan eligibility criteria so that prospective home purchasers can qualify based on NSP income criteria and credit worthiness for private mortgage financing D. Criteria applicable to the selection of a person to whom County properties shall be conveyed shall be as set forth herein utilizing the income requirements set forth in the NSP private lender financing program requirements and eligibility and qualifications of persons for other public sector financial assistance. E. Qualifying purchasers will be notified by Community Services Director, or designee. Potential purchasers would be "assigned" to a particular property on a first come, first considered basis. Upon submittal or reasonable qualification paperwork, said property shall be identified and removed from "available" list which will be retained by the Community Services Department. Other persons expressing interest in a particular property will be advised by the Community Services Department of other properties available and will be informed of the application and qualification process(es). Section 1-16.2-16 Minimum Criteria for Conveyance To meet the policy and time frame obligations of the NSP and the NSP Grant Agreement, the following procedures will be followed with regard to the disposition and conveyance of the NSP residential properties. The steps to be followed shall be: A. The Community Services Department may market homes to potential home buyers through a variety of public and private resources, including the local Multiple Listing Service (MLS), the St. Lucie County website and other public and private community facilities frequented by the public. The County shall work with not for profit organizations and private realtors to make program guidelines, eligibility considerations target areas, and buyer qualification criteria made known to public and private organizations who may present buyers of particular properties to the Count. B. The sale price of all NSP properties shall be at or below an amount equal to the cost to acquire the residential property plus the cost to rehabilitate that particular Underlined passages are added. ~4~ passages are deleted. home or the current appraised value, whichever is less, as required by NSP .rules or regulations or the NSP grant agreement. C. All NSP residential properties sold shall be sold to individuals or families whose income does not exceed one hundred twenty percent (120%) of the area median income. D. The Board reserves the right under this ordinance to convey properties to Qualified non-profit organizations for reduced or no monetary consideration if the Board declares said non-profit organization can serve the rental or home ownership needs of persons qualified under the income or other standards of the NSP. Section 1-16.2-17 Implementing Resolutions Authorized. The Board hereby reserves unto itself the power, right and authority pursuant to this Ordinance to adopt future implementing resolutions or procedures with regard to the acquisition of properties under the NSP program and the sale, disposition and conveyance of NSP, a it deems necessary. Section 1-16.2-18 Information on Available County Property. Information on NSP property available for sale to eligible persons may be obtained from the County's Community Services Director, or designee. Section 1-16.2-19 Consistency with Comprehensive Plan and Land Development Regulations. The sale of any NSP property must be consistent with the County's Comprehensive Plan and land development regulations. PART 6. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. Underlined passages are added. ~5~ passages are deleted. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within ten days after enactment by the Board, and this ordinance shall take effect on the date of adoption. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande Aye Vice Chairman Doug Coward Aye Commissioner Chris Crnft Aye Commissioner Chris Dzadovsky Aye Commissioner Paula A. Lewis Aye PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 23"d day of March, 2010. Underlined passages are added. .,6., passages are deleted. . ~ , ~ , ; BOARD OF CO I~TY COMMISONERS~~ . ~ ATTEST: ST. LUCIE°~C~1, NTY, FLORIDa~' ~ z_ D t~~ nirmnn ~ ~ ~ ~`T~'' r ~ ~ APPROVED AS TO FORM AND t ~ CORRECTNESS: , ~ County Attorney Underlined passages are added. ~7~ passages are deleted. _. -----~z~, CHARLIE CRIST Governor Apri12, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: w Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated March 29, 2010 and certified copy of St. Lucie County Ordinance No. 10-013, which was filed in this office on March 31, 2010. Sincerely, Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX:850.245.6735 • TDD:850.922.4085 http://dlis.dos.state.Il.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA 850.245.6600 • FAX: 850.245.6643 850.245.6600 • FAX: 850.245.6744 STATE ARCHIVES OF FLORIDA 850.245.6700 • FAX:850.488.4894 LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 . FAX: 850.488.9879 850.245.6750 • FAX: 850.245.6795 850.245.6270 • FAX; 850.245.6282 KURT S. BROWNING Secretary of State STATE LIBRARY AND ARCHIVES OF FLORIDA