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Ordinance 2018-533
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Ordinance 2018-533
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Last modified
11/19/2018 4:37:26 PM
Creation date
11/19/2018 3:01:49 PM
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CityClerk-Ordinances
Ordinance Number
2018-533
Date (mm/dd/yyyy)
11/15/2018
Description
Create Chap 251 City Code Entitled “Property Assessed Clean Energy (PACE) Program”
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data collection and maintenance-procedures and systems within one-year of <br /> the effective date of its PACE Interlocal in order to comply. The City of <br /> Sunny Isles Beach reserves the right to publish reports on program progress <br /> and results and PACE Local Government compliance. <br /> (c) PACE Local Governments will respond to requests from the PACE Program • <br /> Coordinator for information related to the Program in a timely manner and <br /> shall provide sufficient documentation as requested by the PACE Program <br /> Coordinator to ensure that the requirements of this Article and the State <br /> statutes are being met. <br /> (d) The PACE Local Government shall retain sufficient books and records <br /> demonstrating compliance with the Agreement and State and City <br /> requirements for a minimum period of seven years from the initial date of <br /> each non-ad valorem assessment and shall allow City representatives access to <br /> such books and records upon request. <br /> (21) Amendments. City reserves the right to amend this ordinance to revise Program <br /> standards. <br /> (b)Additional Program standards for residential properties: <br /> In addition to requirements set forth in Section 163.08, Florida Statutes, PACE Local <br /> Governments that finance PACE Qualifying Improvements on residential properties within the <br /> City of Sunny Isles Beach shall, at a minimum, comply with at least one of the following <br /> additional standards for projects affecting residential properties with four residential units or <br /> fewer: <br /> (1) Financing limits: PACE Local Governments shall ensure that the total amount of <br /> any annual property taxes and assessments do not exceed five percent of the <br /> Property's fair market value, determined at the time financing is approved and <br /> ensure that the total amount of annual PACE Assessments do not exceed four <br /> percent of the total annual gross income of the Property owner in the prior calendar <br /> or fiscal year, based upon an affidavit or attestation by the Property owner of the <br /> owner's total annual gross income. Fair market value shall be that value determined <br /> by the Miami-Dade County Property Appraiser, or by a credentialed commercial <br /> property appraiser or licensed realtor, or by an automated valuation service or <br /> model from a reputable third-party source; or <br /> (2) Mortgage Holder Consent or Escrow: PACE Local Governments shall verify that <br /> each prior mortgage or financing instrument holder has consented to any proposed <br /> Financing Agreement and PACE Assessment, or that the prior mortgage or <br /> financing instrument holder or loan servicer has consented to escrow sufficient <br /> funds to ensure payment of the annual assessment with each year's tax bill; or <br /> (3) Insurance or Energy Savings: PACE Local Governments shall verify that the total <br /> cost of the PACE Assessment is equal to or less than the projected savings to the <br /> property owner based upon the projected energy savings in a written statement <br /> from a Certified Energy Auditor, certified by the Association of Energy Engineers, <br /> the Residential Energy Services Network, or the Building Performance Institute, or <br /> Page 12 of 17 <br />
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