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Ordinance 2022-586
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Ordinance 2022-586
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Last modified
12/14/2022 11:30:29 AM
Creation date
12/14/2022 11:12:34 AM
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CityClerk-Ordinances
Ordinance Number
2022-586
Date (mm/dd/yyyy)
06/16/2022
Description
Amending Chapter 251 "Property Assessed Clean Energy (PACE) Program" of the City of Sunny Isles Beach Code of Ordinances.
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(h) Questiens en tax be.me#itsA-F ded-uE +b, ity--must be d+rested to a tax <br />p Fefessi .nal, <br />(i) hem^oss*1 � 'jF-that the assessment may- (a)Temain en the-RFepertyj eF (b) be <br />PFepekyj <br />(j) The thFeeday Fight caneea the fnane+ng. <br />(-1 6) PACE Financing Agreement: The PACE Local Government shall enter into a <br />voluntary written agreement with each Eligible Participant which shall include, at a <br />minimum, the following: <br />(a) The full legal description of the Property subject to the PACE Assessment. <br />(b) The amount of funding to be provided to the Eligible Participant. <br />(c) Statement of express voluntary consent by the Eligible Participant to accept the <br />non-ad valorem assessment collection process, set forth in Section 197.3632, <br />Florida Statutes. <br />(d) The length of time for the Eligible Participant to repay the non-ad valorem <br />assessment, which shall not exceed 30 years. <br />(e) Statement that the Eligible Participant is responsible for assuring the Qualifying <br />Improvements are completed as reflected in the approved application <br />documents; consent by the Eligible Participant to providing the PACE Local <br />Government with access to the Property to verify that the Qualifying <br />Improvements have been completed as proposed in the application. <br />(f) Statement that at the time of a transfer of Property ownership (except a <br />transfer resulting from foreclosure), the past due balances of any non-ad <br />valorem assessment may be due for payment, but future payments may <br />continue as a lien on the Property, if the buyer and the mortgagor, if any, agree. <br />(g) Statement that at or before the execution of a contract for the sale and <br />purchase of any Property for which a non-ad valorem assessment for the PACE <br />Program has been levied and any unpaid financed-balance-is due, the-seller <br />must-give-the prospective purchaser a Notice of the lien. <br />(h) In bold face caps, in a font larger than the rest of the Agreement, a statement <br />of the risks associated with participating in the PACE Program, including risks <br />related to the failure of the Eligible Participant to make payments, the risk that <br />they may not be able to refinance the home or sell the home unless the PACE <br />Assessment is paid off in full first, and the risk of issuance of a tax certificate <br />and loss of the Property pursuant to Chapter 197, Florida Statutes. <br />(i) Description of the Qualifying Improvements and their cost. <br />(j) Notice of the non-ad valorem assessment shall be recorded in the public <br />records for the Property. <br />(k) In bold face caps, in a font larger than the rest of the Agreement, a statement <br />of the interest rate to be charged, including points, as well as any and all fees <br />or penalties that may be separately charged to the Eligible Participant, <br />including potential late fees. The subsequent charging or collecting of any <br />additional fees that were not specifically disclosed in the written agreement <br />with the property owner is prohibited. <br />(47) Within five days after execution of the PACE Financing Agreement, the PACE Local <br />Government shall record, or cause to be recorded, the following notice in the public <br />records along with appropriate contact information for property owner inquiries: <br />@BCL@B80CDC07.docx Page 5 of 13 61 <br />
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