Ordinance 2022-586 - Laserfiche WebLink

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ORDINANCE NO. 2022 - r AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 251 "PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM" OF THE CITY OF SUNNY ISLES BEACH CODE OF ORDINANCES; PROVIDING FOR CLARIFICATION OF TERMS; REVISING PROGRAM STANDARDS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and wind resistance or 'hardening' programs achieving hurricane and wind damage mitigation; and WHEREAS, Section 163.08, Florida Statutes authorizes local governments, such as the City of Sunny Isles Beach ("City") or a separate legal entity created pursuant to F.S. § 163.01(7) ("PACE Local. Government"), to establish and administer financing programs pursuant to which owners of real property may voluntarily obtain funding for qualifying improvements and repay such funding through non -ad valorem assessments, levied upon the improved property pursuant to financing agreements between the property owner and the PACE Local Government; and WHEREAS, pursuant to the aforementioned statutes, on November 15, 2018, the City adopted Ordinance No. 2018-533, establishing a Property Assessed Clean Energy Program in the City ("PACE Program"), which is codified in Chapter 251 of the City's Code of Ordinances ("Code"); and WHEREAS, in developing its PACE Program, the City created program standards that have proven too onerous, and have become a barrier to PACE Local Governments providing services in the City, especially with respect to commercial PACE transactions ("C -PACE"); and WHEREAS, in the interest of increasing participation in the PACE Program, the City's program standards need to be clarified so that select consumer protection measures are applied solely to residential properties participating in the PACE Program, and commercial transactions are not subject to said standards; and WHEREAS, C -PACE transactions are negotiated with a great degree of sophistication and frequently with benefit of legal representation, thus the need for stringent consumer protection measures is not present for C -PACE, as it is for residential PACE transactions ("R -PACE"); and WHEREAS, following an analysis of Chapter 251 of the City's Code, it was determined that certain language needed to be updated, in order to correct and clarify language within the Ordinance; and WHEREAS, the City Commission believes the following amendments to the City's Code are in the best interests of the health, safety, and welfare of the citizens of the City, and are in furtherance of the City's E -Committed Policy. 02022-586 Amending PACE Ord Page 1 of 13