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HomeMy Public PortalAboutOrdinance 1929 Establish SHIP ProgramORDINANCE: 1929 AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA, REPEALING AND REPLACING THE CURRENT CHAPTER 32 — FAIR HOUSING WITH CHAPTER 32 - HOUSING, ESTABLISHING THE LOCAL HOUSING ASSISTANCE TRUST FUND, THE LOCAL HOUSING ASSISTANCE PROGRAM, PROVISIONS REGARDING SHIP PROGRAM ADMINISTRATION AND IMPLEMENTATION, AND THE AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR AUTHORITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Crestview is a political subdivision of the State of Florida to which Chapter 166 of the Florida Statutes grants broad authority and provides for the adoption of ordinances to provide for self -governance; and WHEREAS, in 1992 the Florida Legislature adopted the William Sadowski Affordable Housing Act creating the State Housing Initiatives Partnership (SHIP) Program for the specific purpose of supporting and expanding affordable housing resources throughout the State; and WHEREAS, the City of Crestview Comprehensive Plan includes goals, objectives and policies designed to enhance the availability of affordable housing in the City; and WHEREAS, the City Council finds it necessary and in the public interest to adopt the included provisions to establish and efficiently administer the SHIP program within the City Limits of Crestview. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA, AS FOLLOWS: SECTION 1— AUTHORITY. The authority for enactment of this ordinance is section 166.021, Florida Statutes, and Section 2 of The City of Crestview Charter. SECTION 2 — CHAPTER 32 — FAIR HOUSING, OF THE CODE OF ORDINANCES. Chapter 32 — Fair Housing, in its current form is hereby repealed and replaced with Chapter 32 — Housing as attached hereto and incorporated herein (Attachment 1). SECTION 3 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 4 - SCIVENER'S ERRORS. The correction of typographical errors which do not affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk. SECTION 5 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect public health, safety, or welfare. SECTION 6 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 7 — EFFECTIVE DATE. The effective date of this ordinance shall be thirty (30) days after the adoption on second reading by the City Council. Passed and adopted on second reading by the City Council of Crestview, Florida on the 24th day of April 2023. Approved by me this 24th day of April 2023. Whitten Mayor ATTEST: Maryanne ' ' rader City Clerk CHAPTER 32- HOUSING ARTICLE I. — IN GENERAL Secs. 32-1— 32-11. — Reserved. ARTICLE II. — STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM Sec. 32-12. — Purpose. In accordance with and pursuant to the authority of the general laws of the State of Florida, and Chapters 163 and 420, Florida Statutes, this article specifies the requirements for the planning, implementation, and receipt of funds under the State Housing Initiatives Partnership (SHIP) Program as governed by Chapter 420, Florida Statutes, and Rule 67-37, Florida Administrative Code. Sec. 32-13. — Definitions. For purposes of their use in this article, specific terms shall be defined the same as defined in Section 420.9071, Florida Statutes. Where no definition exists in Section 420.9071, Florida Statutes, specific terms shall be defined the same as defined in Section 420.0004, Florida Statutes. Sec. 32-14. — Local Housing Assistance Trust Fund. (a) There shall be created within the official fiscal and accounting records of the city, a specifically designated and dedicated local housing assistance trust fund, hereinafter referred to as "the fund." (1) The fund shall be created within 30 days of the effective date of this article. (2) The fund shall be solely reserved for the deposit and expenditure of funds in support of the Local Housing Assistance Program as required by Chapter 420, Florida Statutes and Rule 67-37, Florida Administrative Code. The fund shall be audited annually, and the financial condition thereof shall be separately stated in the audited financial statements of the city. Copies of said audit shall be provided to the state housing finance agency, the state department of community affairs and/or other agencies designated by law. All investment earnings shall be retained in the fund and used for the purposes thereof. Until utilized for the purposes thereof, monies in the fund shall be held solely for use pursuant to the Local Housing Assistance Program. (3) (4) (5) Sec. 32-15. — Establishment of the Local Housing Assistance Program. (a) There is hereby created, the City of Crestview Housing Assistance Program, hereinafter referred to as the program, which includes utilization of SHIP funds in conformity with the (b) provisions of Chapter 420, Florida States, Rule 67-37, Florida Administrative Code, and implementation of the City of Crestview Comprehensive Plan. SHIP funds may be used to provide down -payment assistance, construction subsidies, mortgage reduction payments, mortgage interest rate subsidies, and/or direct mortgage loans to eligible persons and households to assist in purchase of newly constructed or existing affordable housing, in accordance with the provisions of Chapter 420, Florida Statutes. (c) SHIP funds may be used to supplement existing state housing finance agency projects or activities undertaken within the city for the specific purpose of providing additional funding for the state housing finance agency's State Apartment Incentive Loan (SAIL) projects within the City. (d) SHIP funds may be used to provide emergency housing repairs through existing weatherization program service providers pursuant to Sections 409.509 — 409.5093, Florida Statutes. (e) The cost of administering the Local Housing Assistance Program shall not exceed ten percent of the funding received from the state pursuant to the state Housing Initiative Partnership Act. (f) The Local Housing Assistance program shall include all other lawful objectives not previously listed if said objectives have been adopted by resolution of the city council into the Local Housing Assistance Plan (LHAP) in the manner prescribed for by Sections 420.907 — 420.9079, Florida Statutes and Rule 67-37, Florida Administrative Code. Sec. 32-16. — Intent and purpose of the Local Housing Assistance Program. (a) The intent and purpose of the Local Housing Assistance Program is: (1) To increase the availability of affordable housing units by combining local resources and cost -saving measures into a local housing partnership and using private and public funds to reduce the cost of housing. (2) To promote more compact urban development and assist in achieving the growth management goals contained in the comprehensive plan by allowing more efficient use of land so as to provide housing units that are affordable to persons who have special housing needs or are very low-, low, or moderate -income. To promote design and construction that reduce long-term costs relating to maintenance, utilities, or insurance. (4) To promote mixed -income housing to provide increased housing and economic opportunities for persons who have special housing needs and/or who are very low, low, or moderate income; and To develop the organizational and technical capacity of community -based organizations to optimize the role of such organizations in the production of affordable housing. (3) (5) Sec. 32-17. — SHIP program administration and implementation. (a) The Community Development Services Department shall develop and implementation of the Local Housing Assistance Program, with the following responsibilities: (1) Coordinate with the local housing partnership to monitor the success of the program and provide advice and suggestions regarding potential program improvement from year to year. (2) Coordinate with the local housing partnership in local, state, and federal programs to maximize the production of eligible housing through the program. The total amount paid for any administrative expenses in connection with the Local Housing Assistance Program will not exceed ten percent of the local SHIP funding distribution. (c) The city, the local housing partnership, and all eligible sponsors shall not discriminate in the loan application process involving eligible persons and eligible housing on the basis of race, creed, religion, color, age, sex, sexual preference, marital status, familial status, national origin, or handicap. (d) The city shall comply with the rules and regulations of the state housing finance agency in connection with required reporting by the city of compliance with its Local Housing Assistance Program. (e) Prior to receiving an award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under Sections 420.907 — 420.9079, Florida Statutes, and this article. All eligible persons or eligible sponsors shall include in the deed transferring ownership of the property to the eligible person or eligible sponsor a covenant agreeing to comply with the terms of the above -described laws which covenant will run with the land or in the alternative, the agreement shall be made a part of the mortgage agreement. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement inuring the benefit of the city. Eligible sponsors receiving assistance from both the State Housing Initiative Partnership (SHIP) Program and the Low Income Housing Tax Credit (LIHTC) Program shall be required to comply with the income, affordability, and other LIHTC requirements. Similarly, any eligible housing receiving assistance from SHIP and other federal programs shall be required to comply with any requirements specified by the federal program in addition to SHIP requirements. (b) (f) Sec. 32-18. — Affordable Housing Advisory Committee. (a) The Crestview Affordable Housing Advisory Committee, hereinafter referred to as the committee, shall consist of 8 members, as stipulated in Section 420.9076, Florida Statutes. (b) The committee shall serve in an advisory capacity, perform the required functions, and operate as stipulated in Section 420.9076, Florida Statutes. (c) Appointment of individuals to the committee shall be by resolution of the city council. (d) Members shall initially serve for three-year terms and may be reappointed for subsequent terms. (e) A simple majority of the membership of the committee shall be required to conduct official business. (f) (g) Committee meetings shall be publicly noticed in a newspaper of general circulation. Meetings shall be held annually. Additional meetings may be called as needed to conduct necessary business. (h) Administrative support for the committee shall be provided by the Community Development Services Department and City Clerk's office, as applicable.