HomeMy WebLinkAboutOrdinance 2018-533 ORDINANCE NO. 2018 - 97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER 251 OF
THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES
BEACH ENTITLED "PROPERTY ASSESSED CLEAN ENERGY
(PACE) PROGRAM", PROVIDING FOR FINDINGS OF FACT;
PROVIDING FOR DEFINITIONS; PROVIDING A SHORT TITLE;
PROVIDING A PURPOSE; PROVIDING PACE PROGRAM
BOUNDARIES; PROVIDING FOR PACE LOCAL GOVERNMENTS
AUTHORIZATION; PROVIDING FOR PACE PROGRAMS
STANDARDS; PROVIDING FOR ELIGIBLE PARTICIPANTS;
PROVIDING FOR NON-AD VALOREM ASSESSMENTS;
PROVIDING FOR PACE PROGRAM ADMINISTRATION;
PROVIDING FOR RECORDATION; PROVIDING FOR NOTICE TO
PURCHASER; PROVIDING FOR SUSPENSION OR
TERMINATION; PROVIDING FOR ENFORCEMENT; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.08, Florida Statutes authorizes local governments defined as a
county, a municipality, a dependent special district as defined in Section 189.012, Florida
Statutes or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes 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(s); and
WHEREAS, several PACE Local Governments have been created and the availability of
the voluntary, non-exclusive PACE Program offered by the separate PACE Local Governments
is subject to an agreement with the City of Sunny Isles Beach and is without cost, assumption of
liability by, or demand upon the credit of the City; and
WHEREAS, Section 163.08(3), Florida Statutes authorizes a PACE Local Government
to levy non-ad valorem assessments to fund qualifying improvements within jurisdictions that
authorize the Program; and
WHEREAS, it is within the best interests of the citizens of the City of Sunny Isles Beach
to authorize a PACE Program through the adoption of an ordinance that sets uniform consumer
protections that apply to all PACE Local Governments who implement and manage PACE
Programs in the City of Sunny Isles Beach.
WHEREAS, the City Commission of the City of Sunny Isles Beach finds that creating
Chapter 251 entitled "Property Accessed Clean Energy (PACE) Program," is in the best interest
of the citizens of the City.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby
ratified and confirmed as being true and correct and are hereby made a specific part by this
Ordinance upon adoption hereof
Section 2. New Chapter. Chapter 251 of the Code of Ordinances of the City of Sunny Isles
Beach is hereby created and entitled "Property Assessed Clean Energy (PACE) Program".
Within said Chapter 251 is hereby included Article I, "Establishing Property Assessed Clean
Energy (PACE) Program", which shall read as follows:
Chapter 251
PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM
Article I. Establishing Property Assessed Clean Energy (PACE) Program
§ 251-1. Findings of Fact.
(a) Section 163.08, Florida Statutes authorizes local governments defined as a county, a
municipality, a dependent special district as defined in Section 189.012, Florida Statutes
or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes 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(s).
(b) Several PACE Local Governments have been created and the availability of the
voluntary, non-exclusive PACE Program offered by the separate PACE Local
Governments is subject to an agreement with the local governing body and is without
cost, assumption of liability by, or demand upon the credit of the local governing body.
(c) Section 163.08(3), Florida Statutes authorizes a PACE Local Government to levy non-ad
valorem assessments to fund qualifying improvements within jurisdictions that authorize
the Program.
(d) It is within the best interests of the citizens of the City of Sunny Isles Beach to authorize
a PACE Program through the adoption of an ordinance that sets uniform consumer
protections that apply to all PACE Local Governments who implement and manage
PACE Programs in the City of Sunny Isles Beach. and in those municipalities within the
City of Sunny Isles Beach who choose to opt into the Program.
(e) A PACE Local Government shall be authorized to implement the PACE Program within
the City of Sunny Isles Beach through the execution of an individual interlocal agreement
with the City of Sunny Isles Beach.
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(f) The installation and operation of Qualifying Improvements not only benefits the affected
properties for which the improvements are made, but also provides a public benefit by
assisting in fulfilling the goals of the State's and County's energy and hurricane mitigation
policies.
(g) The voluntary participation in the PACE Program by property owners will provide an
alternative financing option to finance the costs to provide and install Qualifying
Improvements to property located within the City of Sunny Isles Beach.
§ 251-2. Definitions.
The following words, terms and phrases when used in this Chapter shall have the meanings
ascribed to them in this chapter, except where the context clearly indicated a different meaning:
(a) City Commission shall mean the City of Sunny Isles Beach Commissioners.
(b) Eligible Participant shall mean any residential or non-residential Property owner who
voluntarily participates in the PACE Program and satisfies the eligibility requirements set
forth in Section 251-8 of this Chapter.
(c) PACE Act shall mean Section 163.08, Florida Statutes.
(d) PACE Assessment shall mean the non-ad valorem assessment placed on a property
owner's tax bill as a result of financing obtained pursuant to the PACE Financing
Agreement.
(e) PACE Financing Agreement shall mean the agreement entered into between the Eligible
Participant and the PACE Local Government specifying the Qualifying Improvements to
be installed at the Property and the terms and conditions for financing those
improvements through non-ad valorem assessments levied on the Property.
(f) PACE Interlocal shall mean an agreement entered into between City of Sunny Isles
Beach and a PACE Local Government authorizing the PACE Local Government to
administer a PACE Program within the City of Sunny Isles Beach.
(g) PACE Local Government shall mean a separate legal entity, other than a county or
municipality, created pursuant to Section 163.01(7), Florida Statutes, and/ or its
designated PACE Program administrator as applicable.
(h) PACE Program or Program shall mean the Property Assessed Clean Energy program
authorized by this Article within the boundaries of the City of Sunny Isles Beach.
(i) PACE Program Coordinator shall mean the City staff liaison between the PACE Local
Government and the City as delegated by the City Administrator.
(j) Property means a residential or non-residential property, as determined by the most
current version of the Florida Building Code, and/or the building or facility that is part of
the property, as applicable, located within the jurisdictional boundaries of the City of
Sunny Isles Beach.
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(k) Qualifying Improvements shall mean those improvements to real property provided for in
Section 163.08(2), Florida Statutes, including, but not limited to, energy conservation and
efficiency, renewable energy and wind-resistance improvements.
§ 251-3. Short Title.
This article shall be known as the "Property Assessed Clean Energy (PACE) Program."
§ 251-4. Purpose.
(a) The PACE Program has been developed to allow a property owner to voluntarily finance
energy efficient, renewable energy, or wind resistant improvements through a non-ad
valorem assessment implemented and managed by a PACE Local Government and repaid
through the annual tax bill. The purpose of this Ordinance is to provide uniform
consumer protection regulations for all PACE Local Governments that are authorized to
operate within the City of Sunny Isles Beach to ensure that: (i) the citizens of the City of
Sunny Isles Beach are fully apprised of the Program; (ii) PACE Local Governments have
developed a responsive complaint process, (iii) that Qualifying Improvements meet the
statutory goals set forth in Section 163.08, Florida Statutes; and (iv) that contractors meet
certain standards of conduct.
(b) This Article is intended to add requirements to the provisions of Section 163.08, Florida
Statutes and other applicable law as it currently exists and should be construed
consistently with the PACE Act and any such other applicable law. To the extent that the
PACE Act provides for additional requirements not otherwise found in this Article or
applicable law; the provisions of the PACE Act must be met. To the extent that this
Article provides for more restrictive or additional requirements not found in the PACE
Act or any such other applicable law, the provisions of this Article shall apply.
§ 251-5. Pace Program Boundaries.
The PACE Program shall be available to Eligible Participants residing within the City of Sunny
Isles Beach.
§ 251-6. PACE Locai Governments Authorization.
Upon entering into a PACE Interlocal with the City of Sunny Isles Beach, a PACE Local
Government shall be authorized to administer a PACE Program pursuant to Section 163.08,
Florida Statutes, the terms of this Article, as may be amended from time to time, the PACE
Interlocal and other regulations adopted by the City Commission within the City of Sunny Isles
Beach that have opted into the PACE Program.
§ 251-7. PACE Program standards.
At a minimum, PACE Local Governments shall comply with each of the following standards:
(a) General.
(1) Qualifying Improvements: All Qualifying Improvements shall be properly permitted
and must comply with Florida and local codes. PACE Local Governments shall
finance only Qualifying Improvements that are permanently affixed to the Property.
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(2) Licensed Contractors: Any contractor constructing or installing a Qualifying
Improvement shall be properly licensed and insured.
(3) Materials: PACE Local Governments shall fund, and contractors and owner-
builders shall construct or install, only Qualifying Improvements. PACE Local
Governments shall establish an "Eligible Measures List" that identifies the types
and specifications of Qualifying Improvements, using efficiency standards for
materials and installation established by the U.S. Department of Energy, the U.S.
Environmental Protection Agency, or Florida state agencies. as applicable. The
Eligible Measures List shall be regularly updated and made publicly available. The
City shall have the right to review that list annually to assure compliance with this
article.
(4) Data Security and Consumer Privacy: PACE Local -Governments shall take
security measures to protect the security and confidentiality of consumer records
and information to the extent permitted by law. In addition, a privacy policy must
be in place that complies with state and federal law and, in particular, shall provide
a property owner the ability to opt-out of having the property owner's information
shared with third parties, except where expressly required by state and federal law.
(5) Contractor Pricing: Within six months of entering into an Interlocal-agreement,
PACE Local Governments shall have in place pricing rules and enforcement
mechanisms to ensure property owners are protected from excessive or unjustified
prices and charges.
(6) Protected classes. The PACE program and the program administrator shall not
discriminate on the grounds of race, color, religion, sex, gender identity or
expression, genetic information, national origin, age, disability, familial status,
marital status, or sexual orientation. Additionally, The PACE program and the
program administrator shall specifically develop and implement a program that
validates the understanding of the PACE program and the terms of such financing
by any property owner who is 65 years of age or older.
(7) Estimated Energy or Insurance Savings Disclosure: PACE Local Governments
shall include in the "Code of Conduct" (referenced below) and in contractor training
the requirement that contractors inform Eligible Participants of the following:
(1) Estimate of energy savings, insurance cost savings (if applicable) and return
on investment, including the range of efficiency options (if applicable) using
industry best practices;
(2) Available rebates or incentives associated with Qualifying Improvements;
(3) If energy improvements are undertaken:
i. The benefits of installing energy efficiency improvements before
renewable energy to reduce costs overall;
ii. The benefits of a full Energy Audit of their property, names of energy
audit professionals qualified through the Residential Energy Services
Network, Building Performance Institute, Association of Energy
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Engineers, or other comparable program, and any available incentive
programs; and
iii. Costs of the Energy Audit are eligible for financing as part of the
assessment.
(8) Notice to Property Owner: Prior to or contemporaneously with entering into a
PACE Financing Agreement, PACE Local Governments shall provide the property
owner with a separate written notice disclosing the following items:
(a) The total amount of the debt, including interest;
(b) The maximum annual PACE Assessment and payment term that does not
exceed the useful life of the improvements;
(c) The estimated savings from the Qualifying Improvements, including a
statement that actual savings will depend on usage patterns, seasonal
variation and weather, utility rates and trends and product specifications.
(d) The three-day right to cancel the PACE Financing Agreement;
(e) Identification of prepayment fees or penalties.
(f) The PACE Assessment will appear on the property owner's tax bill;
(g) There is no discount or penalty for paying the PACE Assessment early;
(h) The PACE Assessment will be collected in the same manner as real estate
taxes; that failure to pay the PACE Assessment may cause a tax certificate
to be issued against the property; and that failure to pay may result in the
loss of property subject to the PACE Assessment, including homestead
property, in the same manner as failure to pay property taxes;
(i) The installation of Qualifying Improvements may or may not affect the
overall market value of the Property;
(j) The PACE Assessment may affect the sale or refinance of the Property;
and
(k) The property owner may be required to pay any PACE assessment in full
at the time of refinance or sale of the property.
(1) If the property owner is using an escrow or impound account to pay
property taxes, he/she should contact his/her lender immediately to ensure
that the escrow payments are adjusted correctly so that the property owner
is aware of and prepared for the increased payment amount.
(m)The notice shall be signed and dated by the property owner to
acknowledge that they understand these conditions. Item (c) above may be
provided in a separate document without property owner signature if
necessary. If the PACE Local Government does not currently have the
ability to include item cc above, it should modify its procedures in order to
comply within one year of the effective date of its PACE Interlocal.
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The consumer notice described in this section must be delivered to the property
owner by the program administrator and must be signed and dated by the property
owner prior to or contemporaneously with the property owner's signing of any
legally enforceable documents under the PACE program.
(9) Confirmation of Terms: PACE Local Governments must confirm, by telephone with
the property owner, each Program financing term listed below before the property
owner signs the PACE Financing Agreement. Such telephonic confirmation shall be
recorded. A voicemail shall not satisfy this requirement. When confirming terms of a
Program Financing Agreement with a homeowner, the Program Administrator will
request the property owner to describe the Qualifying Improvements being financed
using the Program financing, and will ascertain that the property owner understands
or acknowledges the following:
(a) The Qualifying Improvements being installed are financed by the
Program;
(b) The total estimated annual payment, including estimated annual
collection costs;
(c) The date the first tax payment will be due;
(d) The term of the Program financing;
(e) The payments will be made through the property owner's property
taxes and paid either directly to the county tax collector's office or
through his or her mortgage impound account;
(f) A notice of assessment summarizing the financing agreement executed
in connection with the Qualifying Improvements will be recorded and
appear as a lien against the Property until paid;
(g) That they are able to meet the increased property tax payment;
(h) Questions on tax benefits or deductibility must be directed to a tax
professional;
(i) The possibility that the assessment may (a) remain on the Property or
(b) be required to be paid off if the homeowner sells or refinances the
Property; and
(j) The three-day right to cancel the financing.
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. (10) . PACE Financing Agreement. The PACE Local Government shall enterinto a
voluntary written agreement with each Eligible Participant which shall include,
at a minimum, the following:
(a) The full legal description of the Property subject to the PACE Assessment.
(b) The amount of funding to be provided to the Eligible Participant.
(c) Statement of express voluntary consent by the Eligible Participant to accept
the non-ad valorem assessment collection process, set forth in Section
197.3632, Florida Statutes.
(d) The length of time for the Eligible Participant to repay the non-ad valorem
assessment, which shall not exceed 30 years.
(e) Statement that the Eligible Participant is responsible for assuring the
Qualifying Improvements are completed as reflected in the approved
application documents; consent by the Eligible Participant to providing the
PACE Local Government with access to the Property to verify that the
Qualifying Improvements have been completed as proposed in the
application.
(f) Statement that at the time of a transfer of Property ownership (except a
transfer resulting from foreclosure), the past due balances of any non-ad
valorem assessment may be due for payment, but future payments may
continue as a lien on the Property, if the buyer and the mortgagor, if any,
agree.
(g) Statement that at or before the execution of a contract for the sale and
purchase of any Property for which a non-ad valorem assessment for the
PACE Program has been levied and any unpaid financed-balance-is due,
the-seller must-give-the prospective purchaser a Notice of the lien.
(h) In bold face caps, in a font larger than the rest of the Agreement, a statement
of the risks associated with participating in the PACE Program, including
risks related to the failure of the Eligible Participant to.make payments, the
risk that they may not be able to refinance the home or sell the home unless
the PACE Assessment is paid off in full first, and the risk of issuance of a
tax certificate and loss of the Property pursuant to Chapter 197, Florida
Statutes.
(i) Description of the Qualifying Improvements and their cost.
(j) Notice of the non-ad valorem assessment shall be recorded in the public
records for the Property.
(k) In bold face caps, in a font larger than the rest of the Agreement, a statement
of the interest rate to be charged, including points, as well as any and all fees
or penalties that may be separately charged to the Eligible Participant,
including potential late fees. The subsequent charging or collecting of any
additional fees that were not specifically disclosed in the written agreement
with the property owner is prohibited.
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(11) Within five (5) days after execution of the PACE Financing Agreement, the PACE
Local Government shall record, or cause to be recorded, the following notice in the
public records along with appropriate contact information for property owner
inquiries:
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
RENEWABLE ENERGY, OR WIND RESISTANCE. This property is
located within the jurisdiction of a PACE Local Government that has placed
an assessment on the property pursuant to Section 163.08, Florida Statutes.
The assessment is for a Qualifying Improvement to the property relating to
energy efficiency, renewable energy or wind resistancc.
(12) Prepayment.
(a) The PACE Local Government shall provide to the Eligible Participant
information as to any accrued interest that may be due upon early
payment.
(b) No prepayment penalties may be charged or allowed on residential
projects. The PACE Local Government shall provide a mechanism for re-
amortization of PACE assessments to account for partial pre-payment,
particularly for application of tax credits, rebates, or other incentives.
(c) For non-residential properties, prepayment penalties may be charged or
imposed to the extent permitted by applicable law, as negotiated with the
property owner, and providing all financial impacts of such penalties are
clearly disclosed and agreed to by the property owner in writing.
(13) Financing. The PACE Local Government may offer only fixed simple interest
rates and payments that fully amortize the obligation. Variable or negative
amortization financing terms are not permitted. Capitalized interest included in
the original balance of PACE financing does not constitute negative amortization.
(14) Project Completion. The PACE Local Government shall require property owner
verification of work and sign-off on project completion to owner's satisfaction
before issuance of final payment to any contractor(s).
(15) Property Owner Consent. PACE Local Governments are required to obtain written
consent from the listed property owner to enter into the PACE Financing
Agreement. If property is owned by multiple owners (i.e.joint tenancy, tenancy by
the entirety etc.), PACE Local Governments shall be required to obtain written
consent of all owners prior to the execution of the PACE Financing Agreement.
(16) Lender notification. The PACE Local Government shall obtain from the property
owner a verified copy or other proof of lender notification of intent to enter into
the Financing Agreement, consistent with Section 163.08(13), Florida Statutes.
(17) Contractor Management. PACE Local Governments shall:
(a) To the extent available, recruit and approve local contractors;
(b) Conduct local recruitment efforts;
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(c) Establish a "Code of Conduct" that sets standards for participating
contractors such as licensing, advertising and marketing, accurate
representation of the program, and consumer protections;
(d) Train all PACE program contractors on the regulations related to the PACE
program and the Code of Conduct;
(e) Ensure that all contractors hold necessary licenses and insurance;
(f) Confirm contractor qualifications at least annually and as necessary based
upon consumer complaints or other indications of lack of compliance; and
(g) Remove contractors from the PACE program who no longer meet program
criteria; have not met program requirements or fail to act in good faith to
timely resolve consumer complaints.
(h) PACE programs or program administrators shall have and shall strictly
enforce anti-kickback policies and procedures that prohibit direct financial
or other monetary incentives to contractors in exchange for or related to
such contractor being awarded work under a PACE program, excepting
payment for the contractor's installation of eligible improvements.
(18) Customer Service: PACE Local Governments shall provide a high level of
customer service, including:
(a) Access to customer service representatives by email and phone during
normal business hours;
(b) A detailed website with specific reference to the City of Sunny Isles Beach
PACE Program;
(c) A transparent customer feedback and complaint process with, quick
response and resolution by both the contractor and the PACE Local
Government.
i. A document outlining the complaint process shall be clearly
available on the PACE Local Government website and provided to
customers.
ii. The document shall make clear that the City of Sunny Isles Beach
is not operating or administering the PACE Program in any way
and that all concerns about the Program should be addressed
directly to the PACE Local Government, with clear contact
information provided.
iii. All complaints and resolutions shall be logged, with the following
information at a minimum: date and time of complaint, customer
and contractor information, details of complaint, when and what
actions were taken by both the PACE Local Government and the
contractor, and final resolution.
iv. All disputes and complaints shall be investigated and resolved in a
timely manner. Reports shall be provided to the PACE Program
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Coordinator upon request and an annual. summary provided
automatically.
(d) Language Translation Services. PACE Local Governments shall provide
language translation services to assist property owners seeking to
participate in the PACE Finance program. The language translation
services shall be provided, upon request, to ensure that the property owner
understands the terms and conditions when entering into a PACE
Financing Agreement.
(19) Marketing: Neither PACE Local Governments nor their contractors, shall use
facsimiles of the City, Property Appraiser, or Tax Collector logos in their
marketing materials. Marketing materials shall not state that PACE: (i) is a free
program; (ii) is administered by the City; (iii) does not involve a financial
obligation by the property owner; (iv) is a form of public assistance. Marketing
practices for a PACE program that are or could appear to be unfair, deceptive,
abusive, or misleading, or that violate laws or regulations, or that are inappropriate,
incomplete or are inconsistent with the program's purpose are prohibited.
(20) Reporting:
(a) Each PACE program shall provide a report to the city on a quarterly calendar
basis, which shall include, at a minimum, the following information:
(1) Dates of reporting period;
(2) List of PACE projects started during the reporting period, separated by
building type (e.g., single family, multifamily, retail, office, industrial,
etc.);
(3) List of PACE projects completed during the reporting period, separated
by building type (e.g., single family, multifamily, retail, office, industrial,
etc.). For each completed project, specify: (1) the qualifying
improvements made; (2) project start date and completion date; (3) the
projected energy savings and/or amount of potential renewable energy to
be generated (may be based on averages for type of improvement); (4)
financial information such as cost per kWh saved/generated; (5) other
resource savings if data is available; and (6) audits performed detailing
the audit results, if applicable to the project.
(4)Number of jobs (actual or estimated) created during the reporting period;
(5) Number of applications declined during the reporting period;
(6) Unresolved complaints or contractor issues and status;
(7) Description of the standardized third-party methodologies and supporting
assumptions used to verify data, and any changes in the methodologies
and assumptions from the previous reporting period.
(b) If the PACE Local Government does not currently have the ability to provide
reports that contain this minimum reporting information, it should modify its
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data collection and maintenance-procedures and systems within one-year of
the effective date of its PACE Interlocal in order to comply. The City of
Sunny Isles Beach reserves the right to publish reports on program progress
and results and PACE Local Government compliance.
(c) PACE Local Governments will respond to requests from the PACE Program •
Coordinator for information related to the Program in a timely manner and
shall provide sufficient documentation as requested by the PACE Program
Coordinator to ensure that the requirements of this Article and the State
statutes are being met.
(d) The PACE Local Government shall retain sufficient books and records
demonstrating compliance with the Agreement and State and City
requirements for a minimum period of seven years from the initial date of
each non-ad valorem assessment and shall allow City representatives access to
such books and records upon request.
(21) Amendments. City reserves the right to amend this ordinance to revise Program
standards.
(b)Additional Program standards for residential properties:
In addition to requirements set forth in Section 163.08, Florida Statutes, PACE Local
Governments that finance PACE Qualifying Improvements on residential properties within the
City of Sunny Isles Beach shall, at a minimum, comply with at least one of the following
additional standards for projects affecting residential properties with four residential units or
fewer:
(1) Financing limits: PACE Local Governments shall ensure that the total amount of
any annual property taxes and assessments do not exceed five percent of the
Property's fair market value, determined at the time financing is approved and
ensure that the total amount of annual PACE Assessments do not exceed four
percent of the total annual gross income of the Property owner in the prior calendar
or fiscal year, based upon an affidavit or attestation by the Property owner of the
owner's total annual gross income. Fair market value shall be that value determined
by the Miami-Dade County Property Appraiser, or by a credentialed commercial
property appraiser or licensed realtor, or by an automated valuation service or
model from a reputable third-party source; or
(2) Mortgage Holder Consent or Escrow: PACE Local Governments shall verify that
each prior mortgage or financing instrument holder has consented to any proposed
Financing Agreement and PACE Assessment, or that the prior mortgage or
financing instrument holder or loan servicer has consented to escrow sufficient
funds to ensure payment of the annual assessment with each year's tax bill; or
(3) Insurance or Energy Savings: PACE Local Governments shall verify that the total
cost of the PACE Assessment is equal to or less than the projected savings to the
property owner based upon the projected energy savings in a written statement
from a Certified Energy Auditor, certified by the Association of Energy Engineers,
the Residential Energy Services Network, or the Building Performance Institute, or
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the projected insurance savings in a written statement from the property owner's.
insurer; or
(4
§ 251-8. Eligible Participants.
In order to be an Eligible Participant, a property owner (or property) must meet the criteria listed
below. The PACE Local Government is responsible for verifying that the following conditions
are met:
(a) Residential property with four units or fewer:
(1) All property taxes and other assessments levied on the property tax bill have been
paid and have not been delinquent for the preceding three years, or the property
owner's period of ownership, whichever is less; and
(2) There are no involuntary liens, including but not limited to construction liens on the
property; and
(3) No notices of default or other evidence of property-based debt delinquency have
been recorded during the preceding three years, or the property owner's period of
ownership, whichever is less; and
(4) All mortgage debt on the property is current and not delinquent; and
(5) For residential property, all mortgage-related debt on the property may not exceed
90 percent of the property's fair market value; and
(6) The amount to be financed by the PACE program may not exceed 20 percent of the
just value of the property as determined by the county property appraiser, excepted
as otherwise provided by statute; and
(7) The total mortgage-related debt on the underlying property plus PACE program
financing may not exceed the fair market value of the property.
(b) Multi-family residential.properties of five or more units, commercial, industrial, agricultural,
and other non-residential properties may be eligible for financing qualifying improvements
through a PACE program. Program requirements and eligibility shall be determined by the
PACE Local Government.
§ 251-9. Eligible Improvements.
Energy efficiency, renewable and wind resistance improvements that are permanently affixed to
the property shall be eligible for financing under a PACE program in accordance with statute.
PACE programs and program administrators shall identify efficiency standards established by
the U.S. Department of Energy, the U.S. Environmental Protection Agency, or Florida state
agencies, as applicable. PACE programs and program administrators shall confirm that property
owners intend to install eligible products, and that at the time of funding such improvements
have been installed.
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§ 251-10. Pricing.
Each PACE program shall establish rules and enforcement mechanisms to ensure that the
estimated costs of a project are consistent with standard industry price ranges for the type of
project and equipment installed, to protect property owners from excessive or unjustified prices
and charges.
§ 251-11. Inquiries and Complaints.
(a) Complaints regarding contractors. The PACE program or program administrator shall
be required to receive, manage, track, timely resolve and report on complaints from
property owners regarding the funded work performed by the contractors: The PACE
program or program administrator shall investigate and mediate disputes between
property owners and contractors in a timely manner.
(b) Payment inquiries. The PACE program or program administrator shall be required to
respond to inquiries and resolve any issues, in a timely and complete manner, related
to payments, including but not limited to prepayments and payment reconciliation.
(c) Review. In the event that ten percent or more of a PACE program's projects result in
complaints or disputes, or complaints or disputes remain unresolved six months after
completion of a project, the city may review the PACE program or program
administrator's handling of complaints.
§ 251-11. PACE Program Administration.
The PACE Program shall be administered by the PACE Local Government pursuant to Section
163.08, Florida Statutes, this Article and any additional regulations adopted by the City
Commission.
§ 251-12. Compliance Period.
Any PACE program that does not have the current ability to provide the pricing rules and
enforcement mechanisms or the minimum reporting required by this article shall have one year
from the date of its initial agreement with the city to modify its pricing mechanisms, data
collection and data maintenance systems to comply with this Article.
§ 251-13. Non-ad valorem Assessments.
(a) Pursuant to Section 163.08, Florida Statutes, the PACE Local Government is authorized to
impose non ad-valorem assessments on Property to secure the repayment of any financing
provided to an Eligible Participant to pay for Qualified Improvement(s). The assessments
are collected pursuant to Section 197.3632, Florida Statutes, or any successor Section.
Notwithstanding Section 197.3632(8)(a), the assessments shall not be subject to discount for
early payment and shall not require notice and adoption as set forth in Section 197.3632(4).
Page 14 of 17
(b) Pursuant to Chapter 197, Florida Statutes, non-ad valorem assessments levied pursuant to
this Article shall remain liens, coequal with the lien of all state, County, district and
municipal taxes, superior in dignity to all other liens, titles and claims, until paid.
(c) PACE Local Governments shall timely notify the Miami-Dade Property Appraiser of all
PACE Assessments for inclusion in the Truth in Millage (TRIM) notice with other non-ad
valorem assessments levied within the County.
§ 251-14. Recordation.
Any financing agreement entered into or a summary memorandum of such agreement between
the Eligible Participant and the PACE Local Government, shall be recorded by the PACE Local
Government in the public records of the County within five days after execution of the Financing
Agreement. The recorded Agreement or summary memorandum of such Agreement shall
provide constructive notice that the assessment to be levied on the Property constitutes a lien of
equal dignity to County taxes and assessments from the date of recordation.
§ 251-15. Notice to Purchaser.
(a) Property owner must comply with Section 163.08(14) regarding providing a written
disclosure statement to a prospective purchaser.
(b) Failure to provide the notice referenced above to a purchaser of the Property shall have no
effect on either the validity of any PACE Assessment or any obligation of a Property owner.
§ 251-16. Suspension or Termination.
In the event that the PACE Program Coordinator determines that any PACE Local Government
has failed to abide by the provisions of this Ordinance and the PACE Interlocal, following sixty
day notice to cure, the City Commissioners in their sole discretion, may suspend or terminate the
Interlocal agreement and the PACE Local Government shall have no authority to continue with
any new projects within the City of Sunny Isles Beach. The City Commission's determination
shall be considered final administrative action for purposes of appeal. Notwithstanding
termination of the Interlocal agreement, however, property owners whose applications were
approved prior to the termination date, and who received funding through the PACE Program,
shall continue to be a part of the PACE Program, for the sole purpose of paying their outstanding
assessment payments, until such time that all outstanding assessment payments have been
satisfied.
§ 251-17. Enforcement
The City may enforce this Ordinance by any means provided by law. Additionally, the City may
choose to enforce this Ordinance by seeking injunctive relief in the Eleventh Judicial Circuit of
Miami- Dade County, Florida.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the City of Sunny
Isles Beach Code; that the sections of this Ordinance may be renumbered or re-lettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
Page 15 of 17
appropriate word, as required.
Section 4. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clause, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. Repealer. All ordinances or part of ordinances in conflict herewith be and the same
are hereby repealed.
Section 6. Effective Date. This Ordinance shall become effective upon adoption on second
reading.
PASSED and ADOPTED on first reading the day of SelitttAWL 2018.
PASSED and ADOPTED on second reading the 1.7 day of NIA.; to-2018.
111
George H. Scho , Mayor
7-Mauf'i,io Betanc,r,'CMC, City Clerk
4�• . 1
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
/4
ba'
Ham Otti ot, City Attorney
Moved by: COM 45l0tatOr`i
Seconded by: C.01/014161qt12- 'ie W`J
Page 16 of 17
Vote:
Mayor Scholl (Yes) (No)
Vice Mayor Goldman (Yes) (No)
Commissioner Aelion V(Yes) (No)
Commissioner Gatto Yes) (No)
Commissioner Svechin (Yes) (No)
Page 17 of 17
i
fiNY'_ i !
City Commission
tstF Ct of SunnyIsles Beach
- s George Bud"Scholl,Mayor
- --',..;4,,t-k:9,.. 18070 Collins Avenue, Suite 250 Dana Goldman, Vice Aa}ortti' .,,%:.,:-.4,---A7—, v Isaac Aelion Commissioner
- -, ' -` _ = Sunny Isles Beach, Florida 33160
Jeanette Gatto,Commissioner
(305)947-0606 City Hall Larisa Svechin,Commissioner
Y * (305) 949-31 13 Fax
a s' �� %' P Christo her J.Russo Cit y Manager
5'''
9, N° P (305)947-2150 Building Department P } 8
F * F L e Hans Ottinot,City Attorney
cir '° (305)947-5107 Fax
>or suN " i\7auricio Betancur,CMC,City Clerk
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Hans Ottinot, City Attorney
DATE: • September 20, 2018
RE: Creating Chapter 251 in the Code of Ordinances of the City of Sunny Isles
Beach entitled "Property Assessed Clean Energy (PACE) Program".
RECOMMENDATION
•
This Ordinance is presented for your consideration. .
REASONS
The City of Sunny Isles Beach is dedicated to providing our residents with opportunities improve
their health, safety, and welfare. To that end, the City realizes the need for programs that
encourage clean energy and efficiency creating upgrades for our property owners. The Property
Assessed Clean Energy (PACE) Program, established through Section 163.08, Florida Statutes,
authorizes counties, municipalities and certain separate Local Government entities to establish
agreements with private providers who will administer finance programs related to clean energy
initiatives. Specifically, the PACE Program allows property owners to receive upfront financing
for Qualifying Improvements, such as solar panel and hurricane shutter installation, and provides
repayment through voluntary assessments on property tax. This program has been introduced in
many counties and municipalities statewide as a viable option for homeowners who seek to
complete these upgrades to their homes.
This Ordinance will allow the City to establish the PACE Program, provide the minimum
standards of compliance by private providers who shall administer the financing program, and
define the necessary criteria for participation in the PACE Program.
This Ordinance was requested by the Office of the City Manager.