TITLE
ORDINANCE CREATING INFILL HOUSING INITIATIVE, ALLOWING FOR IDENTIFICATION OF PROPERTY FOR INFILL HOUSING, BUNDLING OF PROPERTIES, CLEARING OF TITLE, TRANSFER OR SALE OF PROPERTIES AND FORGIVENESS OF COUNTY LIENS; SUPERSEDING RESOLUTION R-435-00, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND EFFECTIVE DATE

BODY
WHEREAS, Miami-Dade County desires to redevelop and revitalize inner city neighborhoods through infill housing; and
WHEREAS, the purpose of the infill housing initiative is to convert vacant, dilapidated and abandoned property into affordable homes that will be sold or rented to low and moderate income persons; and
WHEREAS, these affordable homes will generate ad valorem tax revenue for the community; and
WHEREAS, Miami-Dade County owns property that could be used for infill housing; and
WHEREAS, there are many privately owned vacant, dilapidated or abandoned properties that could be used for infill housing; and
WHEREAS, this Board of County Commissioners desires to take all necessary action to remove obstacles from the successful implementation of the infill housing initiative,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. This ordinance shall be entitled, "The Infill Housing Initiative." Its purpose is to increase the availability of affordable homes for low and moderate income persons, redevelop urban neighborhoods by eliminating the blight of vacant lots and dilapidated or abandoned properties, and generate payment of ad valorem taxes. The Infill Housing Initiative shall encourage the sale or transfer of vacant, dilapidated or abandoned properties to qualified community development corporations or qualified developers. The community development corporations and developers shall be required to build affordable homes to be sold or rented to low and moderate income persons.
Section 2. Identifying Property For Infill Housing
a) County Owned or Privately Owned Property. All property owned by the County and all vacant, abandoned or dilapidated privately owned property shall be reviewed on a continuous basis to determine if it is appropriate for development as infill housing.
b) Nearby or Adjacent Property Appropriate for Bundling. Property near or adjacent to a parcel of property already identified as appropriate for infill housing development, whether County-owned or privately-owned, will be reviewed for appropriateness for use as infill housing and possible bundling with other parcels of property.

c) Factors To Be Considered. The following factors shall be
considered when determining if a parcel of property is appropriate for infill housing: size; zoning; environmental condition; neighborhood context; infrastructure availability; status of liens; proximity to other properties identified as appropriate for infill housing; suitability for development as a park or as an economic development or revitalization project; and willingness of adjacent property owners to purchase the parcel of property.
Section 3. Acquisition.
a) If a vacant, abandoned or dilapidated parcel of private property is identified as appropriate for infill housing development or bundling with other parcels of property, the County will evaluate it for possible acquisition.
b) The County may acquire these properties through purchase,
foreclosure, dedication or any other available legal procedure. The availability of State Housing Initiatives Partnership (SHIP) funds as allowed by Section 420.907 et. seq., Florida Statutes and Chapter 17, Article VI of the Code of Miami-Dade County, Florida, as well as any other source of affordable housing shall be considered for acquiring these properties.
Section 4. Transfer or Sale of Property.
a) Transfer or Sale of Property. Pursuant to all applicable state and County laws, any County owned parcel or parcels of property identified as appropriate for infill housing may be transferred or sold to a qualified community development corporation or qualified developer for the development of infill housing.


b) Clear Title. To the extent that it is feasible and allowed by law,
title to the property shall be cleared of all liens, taxes and other encumbrances prior to transfer or sale by the County to a qualified community development corporation or a qualified developer. The title may be cleared through: 1) forgiveness of County liens as established in Section 6 of this ordinance; 2) cancellation of County-held tax certificates as allowed by state law; 3) payment of liens; 4) development of incentives for private, municipal and other governmental lienholders to release liens; or 5) by any other available means. However, pursuant to �125.411 of the Florida Statutes, as amended, the County shall only convey the interest of the County and shall not warrant title.
c) Reverter Clause/Affordability Period. County deeds conveying title of any properties to a qualified community development corporation or qualified developer, under this Infill Housing Initiative, shall contain a reverter to the County in the event the property has not been reasonably developed or rehabilitated within one year of conveyance. Any infill housing that is developed under this Infill Housing Initiative shall remain as affordable housing for at least ten (10) years.
Section 5. Development.
a) Private Property Owners. The County may encourage private property owners to rehabilitate or redevelop their properties as infill housing through forgiveness of County liens as identified in Section 6 of this ordinance or through the availability of construction and rehabilitation loans. Subject to the availability of funding, the County will provide construction and rehabilitation loans to private property owners who are determined to be eligible for such funding.

b) Qualified Community Development Corporations and Qualified Developers. Subject to the availability of funding, the County will provide construction and rehabilitation loans to qualified community development corporations and qualified developers for the development of infill housing. In order to receive the construction or rehabilitation loan, the qualified community development corporation or the qualified developer must meet the eligibility requirements for such funding.
c) Eligible Home Buyers. Subject to the availability of funding, the County will provide affordable mortgages loans to home buyers who purchase infill housing. In order to receive a mortgage loan, the home buyer must meet the eligibility requirements for the funding.
Section 6. Forgiveness of County Liens.
a) 1) Notwithstanding any other provision contained in the Code of Miami-Dade County, the Board of County Commissioners by resolution may release or satisfy any lien placed on a property by the County or any of its agencies and instrumentalities if the property has been approved by the County Manager for the Infill Housing Initiative.
2) County liens which may be released or satisfied by the
County include but are not limited to: civil restitution liens; code enforcement liens; demolition liens; hospital liens; judgment liens; lot clearing liens; minimum housing standard liens; mortgage liens; nuisance abatement liens; public defender liens; stormwater utility liens; waste liens; water & sewer liens; and welfare liens. The provisions of this ordinance do not pertain to ad valorem tax liens or privately-held tax certificates nor do they pertain to special assessment liens as defined in the Home Rule Charter, Article 1, Section 1.01(A)(11) and in Section 18-14 of Miami-Dade County Code.
b) The resolution releasing or satisfying the County lien(s) shall state that:
1) The underlying property has been designated by the County Manager for use as infill housing;
2) If the property is privately owned, the County lien or liens on the property shall not be released or satisfied until the certificates of occupancy or its equivalent is issued for the infill housing project; and
3) The County Manager shall record both the resolution and
the release or satisfaction in the Official Record Book of Miami-Dade County, Florida.
c) The County shall not release or satisfy any County liens on a property
owned by the person whose actions resulted in the County liens being placed on the property. The County shall not release or forgive any County liens on a property owned by the immediate family or a firm, corporation, partnership or business entity of a person whose actions resulted in the liens being placed on the property. For purposes of this section, "person" shall mean any individual, business, corporation, partnership, firm,
organization, or other type of entity. For purposes of this section, "immediate family" shall mean spouse, child, parent, niece, nephew, aunt, uncle, grandparent, grandchild or anyone having one of these relationships by law.
d) Release of a County lien under this ordinance does not prohibit the County
from collecting the sum underlying the lien by other legal means. Release of a County lien does not mean that a violation underlying the lien has been cured.
Section 7. The County Manager shall develop policies and procedures for the implementation of this Infill Housing Initiative as well as designate the appropriate County personnel to implement the Infill Housing Initiative. To the extent that it is feasible, the County Manager shall incorporate Resolution R-435-00, "Green Infill Housing Machine," and the Interim Report on the Green Infill Housing Machine Infill Housing Programs (7/25/00) into the policies and procedures. Furthermore, the County Manager shall study the appropriateness of developing or contracting with a community land trust for the implementation of the Infill Housing Initiative.
Section 8. This ordinance shall repeal and supersede Resolution R-435-00.
Section 9. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 10. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including the sunset provision if any, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 11. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by the Board.

Section 12. This ordinance does not contain a sunset provision.