01/08/1990
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WORK SESSION ONLY
Agenda No.
Meeting Dote:
. .,'
1/8/90
MEMORANDUM TO:
The City Commission of the City of Cleorwa1er
SUBJECT:
The Housing Issue Report and Code Enforcement Discussion
RECOM M ENOATION:
City Commi~ion direct staff to further investigate or to implement any or all of the specific lettered recommendations contained
in the Housing Issues Report of November, 1989.
m And that the appropriate offlclols be authorized to execute so me.
BACKGROUND:
The Housing Issues Report was prepared by the Clearwater Planning and Development Department, in consultation with the
Clearwater Administrative Services Department, Clearwater Police Department, Clearwater Housing Authority, Clearwater
Neighborhood Housing Services, Tampa Bay Community Development Corporation, and other interested groups and
individuals. Minutes of the Neighborhood Advisory Committee recommending consideration of the Housing Issues Report arc
attached.
:. '.' .
This Report makes a number of recommendations (beginning with Recommendation A on Page 4 and ending with
Recommendation Y on Page 36) on existing, modified, and new programs affecting the City Housing stock.
Some of the recommendations contained in the Report may be able to stand alone; other recommendations may require support
and coordination with other programs. The recommendations include -
ProDertv Maintenance: Simplified and clarified housing code enforcement provisions; consolidation for various code sections;
making housing code violations work like traffic violations; expediting enforcement for unsafe buildings; providing support for
drug enforcement; providing for concentrated housing code enforcement in entire neighborhoods; and others.
HousinJz F'mancin2: Targeting housing rehabilitation activity; providing a "safety net" for families impacted by code enforcemvnt;
continuing to providing resources for the benefit of both homeowners and renters; developing closer daily working relationship
with Clearwater Neighborhood Housing Services, the Tampa Bay Community Development Corporation, and the Habitat for
Humanity; developing financial community and other private sources of support for affordable housing especially in new
construction; developing neighborhood leadership and possibly new community development corporations; implementing a new
housing construction program and construction financing revolving loan fund; reducing impact fee load on affordable housing;
documentary stamp or occupational license surcharge; and others.
DesiRll: Developing attractive affordable housing designs; using designs which reduce opportunities for criminal activity;
creating a new medium density (RS-12) zoning district for older residential areas; and others.
The Housing Issues Report provides information in the introduction about City housing conditions in 1989 and is organized
into three sections - Codes and Ordinances, Existing Programs, and Proposed Programs. Recommendations are found in all
three sections.
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Commission Disposition:
1. Approved a. Recommended/Revised/Conditional
2. Continued to
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Follow-up Action:
Submitted by:
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Advertised:
Costs:
Fundln~ Source:
CJ Capitol Improve-
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Parties
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of Meeting
ao Not Re uired
CJAtfochments:
City Manager
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Paper:
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1. Housing Issue
Report
Oate aSequential
Reference
OrlglnatlnQ Deportment: .,_
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Planning & Developmen t. ,I' I'
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Appropriation Code
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CITY OF CLEARWATER
InterdepaI1ment Correspondence
TO:
Ron H. Rabun, City Manager
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FROM:
,
James M. Polatty, Jr., Director of Planning and Development
SUBJECI': Housing Issues and Recommendations for Clearwater, 1989
DATE: November 9, 1989
VIA: Michael Wright, Assistant City Manager/Community Services
The Housing Issues report was prepared by the staff of the City of Clearwater Department of Planning and
Development. The report was prepared in consultation with the City of Clearwater Department of
Administrative Services, the Clearwater Housing Authority, Clearwater Neighborhood Housing Services, Inc. aud
others.
The Housing Issues report briefly describes the state of housing conditions in Clearwater in 1989, in particular
those conditions found in the west-central neighborhoods of the City. It then presents a package of programs
and activities that can be set in motion to improve these neighborhoods and their housing condition. The
programs and activities include both improvements to existing progr~ and proposed new programs.
Program and activity titles are lirted on the Table of Contents of the report. There are twenty one(21) program
titles listed in three general areas: 1) Codes and Ordinances, 2) Existing Programs, and 3) Proposed Programs.
Each program is described as to:
1) the program title or statement of the programs objective;
2) a general description of the program;
3) the programs target clientele which is generally low and moderate income persons and families;
4) the annual production rate expected for the program;
5) procedures for implementation;
6) any needed public, i.e., City, investment of direct dollars or staff time;
7) any private investment or participation that may be needed;
8) practical difficulties that may be encountered in the implementation of the program; and
9) a recommendation from staff as to how the City should proceed.
... ... ... ... ... ...
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Many of the programs described will stand alone and function adequately in and of themselves. Many others,
however, require or depend upon other programs. For exampk, a possibility is to use Section 8 Certificates and
housing vouchers in tandem with impact fee reductions and revenues from a housing trust fund to provide seed
money for new housing construction. Another example is code enforccment programs which can present
difficulties for some homeowners and occupants unless a "safety net" of housing assistance is provided. Even
those programs which will adequately stand alone will not be sufficient to deal with the wide range of housing
issues. All of the programs are more effective as a package. And, as a package, they represent an overall
strategy comprised of the variety of existing and proposed programs and activities. The benefit of using a
coordinated, overall strategy is that all public and private efforts and programs may be designed and made to
work together rather than separately. This neighborhood improvement strategy consists of three basic thrusts
each of which should be considered essential to the overall strategy and should be used together to achieve the
purposes of this Housing Issues report. The three parts of the strategy are Maintenance, Finance and Design.
Maintenance
!
Property maintenance is crucial to developing livable neighborhoods and decent housing. Code enforcement
refers to those procedures used by the City to ensure that neighborhoods and housing are maintained in at least
a minimum desirable condition by compelling improvements, such as housing rehabilitation, on the part of
property owners. The recommendations for improved enforcement include: developing simplified, clarified and
standardized code enforcement procedures rathc: than having various processes dermed in various sections of
the code; assembling the various code sections that deal with property maintenance into a single chapter;
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Housing Issues and Recommendations for Clearwater, 1989
November 9,1989
Page 2
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providing for citations for code violations that work similarly to traffic tickets; strenmlining procedures for vacant
substandard structures and unsafe buildings; providing that places where controlled substances are illegally kept,
sold or used are a public nuisance and are a basis for code enforcement action; and instituting a Concentrated
Code Enforcement Program that would comprehensively inspect entire neighborhoods. The revised simplified
code enforcement process is shown in an attachment to the Housing Issues report. In some cases, the required
improvements may prove fmancially difficult for property owners. This is where financial assistance comes in
and provides a "safety net"
Fmance
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The finance portion of the strategy is not limited to cases of enforcement. In addition to housing rehabilitation,
financial assistance may include such things as housing vouchers, home purchase assistanc~ and new constrll'.:tion.
Recommendations in the Housing Issues report for both existing and proposed financial assistance programs
include: improving office procedures for housing programs; concentrating rehabilitation loans into targeted
geographic areas and ensuring that the loans provide a "safety net" for families impacted by code enforcement;
continuing and targeting the Rental Rehabilitation Loan program; developing a closer daily working relationship
between the City and the Clearwater Neighborhood Housing Services, pursuing additional funding and
coordinating CNHS homeownership and downpayment assistance programs with the City's new housing
construction program; supporting the Tampa Bay Community Development Agency and Habitat for Humanity;
developing neighborhood leadership and a possible community development corporation for the Greenwood
neighborhood; implementing a new housing construction program including a revolving temporary new housing
construction fund; providing for waivers of impact fees and permit fees in order to facilitate affordable housing;
providing funds for new housing construction through the CDBG and/or a possible documentary stamp tax or
occupational license surcharge; using Federal Income Tax credits to expand the supply of housing; and preparing
to take advantage of the Nehemiah program of the U.S. Department of Housing and Urban Development. With
neighborhood revitalization taking place through these programsl and particularly with new housing construction,
design considerations can impact the direction of a neighborhood in transition.
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Design
The design requirements which are contained in development regulations should be conducive to developing
decent housing in a viable neighborhood. Consideration should also include those design techniques which
reduce opportunities for criminal activity. Design recommendations include the creation of a new medium
density single family residential zoning district(RS-12) that would be more applicable to the small lot subdivisions
characteristic of some of the older neighborhoods of the City and the application of neighborhood crime
prevention strategies known collectively as "Crime Prevention through Environmental Design" or "Defensible
Space."
Conclusion
It is requested that the City Commission consider the detailed recommendations contained in the Housing Issues
report. Accomplishment of these recommendations will require the efforts of both the public and private
sectors. As one of the first steps toward implementing these recommendations, it is suggested that the City
Mayor convene a meeting with officers of lu:;al Banks and Savings and Loan Associations to request support for
implementation efforts. An appropriate time for such a meeting would be in mid December or January. The
fmandaI institutions should be asked to leverage monies for housing rehabilitation and for new housing
construction. This meeting could be done in concert with the Federal Home Loan Bank Board and the FSLIC.
Another step toward implementation of these recommendations is to request the City Staff to immediately begin
preparing revisions to the City Code of Ordinances as discussed above.
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UST OF RECOMMENDATIONS
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CODES AND ORDINANCES(see subject pages for detailed recommendations)
A. It is recommended that changes be made to improve effectiveness of the Code Enforcement Board and
improve the code enforcement process (page 3).
B. Improve the enforcement of minimum housing standards by amending the ordinances and procedures
(page 5).
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D.
C. Amend the enforcement process for unsafe buildings (pages 7 and 8).
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E.
Include criteria for designation of property based nuisances in a code chapter containing comprehensive
property maintenance standards and provide that nuisances will be enforced through a standar\ fued
code enforcement process (page 9).
Institute a Concentrated Code Enforcement Program that would comprehensively inspect entire areas
including the neighborhoods shown on MAP 1 in the following order: 1) Garden Avenue; 2) Plaza Park;
and 3) other areas as needed and defined by continuation of the housing survey. This program is to be
conducted through the Code Enforcement Section of the Planning and Development Department. Give
highest priority to properties which are designated as unsafe buildings or need to be demolished
im:mediately and those properties which have been identified by the Police Department and are defined
as public nuisances in accordance with Chapter 823, Florida Statutes and which are in violation of
property maintenance standards (pages 10 and 11).
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F.
EXISTING PRO GRAMS (see subject pages for detailed recommendations)
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Current improvements to the City owner occupied rehabilitation loan program installed or in process
include closer coordination with CNHS Rehabilitation Program, automating financial system for
maintaining balances on in-office computers, updating rehabilitation construction specifications manual,
daily visits to rehabilitation case sites by the City Rehabilitation Specialists, automating work
specification sheets, soliciting additional contractor~ Building Division review before payments are
authorized, increased program signage, automation of closing documentation, updating closing
documentation to meet current Federal regulations, more detailed review on roof repairs, suspension
of contractors who have failed to meet agreements, and updating of relocation policy (page 13).
The City should concentrate its rehabilitation loans into the geographic area shown having the oldest
housing in the city and to the homeowners with the greatest need to increase the impact of the City's
program. The City should also ensure rehabilitation is provided as a "safety net" for all families and
homeowners who are impacted by the increased minimum housing inspection and a concentrated code
enforcement system. To ensure that a "safety net" is created for impacted homeowners, priority should
be given to homeowners who are subject to the following: a demolition or repair order; those in the
area containing the oldest housing (west of Highland Avenue); those with other minimum housing
violations; those with severe heating, electrical, plumbing or weather tight problems; and large families.
Those homeowners with the greatest need would be given priority to receive rehabilitation loans. The
City owner occupied rehabilitation loan program sliould be continued at a level of effort adequate to
repair more than 10 homes per year. However, new program funding resources should be added to the
City owner-occupied rehabilitation loan program to maintain this leve~ and preferably increase it.
Additional funding from local financial institutions could include using innovative financing mechanisms
such as guarantees as additional security for bank loans or a lump sum deposit by the City in interest-
bearing accounts in exchange for either the bank making reduced rate loans or certain risky loans.
Without additional funding resources, the proposed partial reallocation of City rehabilitation funds into
new housing construction will reduce the City's number of rehabilitation loans to about 50% of the
average for the last four years.
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PROPOSED PROGRAMS AND FINANCE METHODS(see subject pages for detailed recommendations)
H. The City of Clearwater Rental Rehabilitation Loan Program should be continued. Current
improvements installed or in process include automating financial system for maintaining balances on
in-office computers, updating rehabilitation specifications manual, automating work specification sheets,
soliciting additional contractors, improved Building Division review before payments are authorized,
increased program signage, automation of closing documentation, updating closing documentation to
meet current Federal regulations, more detailed review on roof repairs, suspension of contractors who
have failcd to mcet agreements, updating of relocation policy. Daily inspections will be providcd by the
City rchabilitation specialist (page 15).
I. Rental rehabilitation shall continue to be targeted as shown on MAP 6. It should continue to fund
rehabilitation of 10 units per year (page 15).
The following improvements that would help the functioning of the Neighborhood Housing Services
Rehabilitation loan program include: improved initial loan screening and work write-ups, closer daily
working relationship with the City of Clearwater's Rehabilitation Program, more timely filing of
mortgage and other loan closing documents, on-going training for a rehabilitation specialist, closer daily
working relationship with City minimum housing code inspector, and an improved payment system
requiring homeowner sign-off on work completed (page 16).
The Clearwater Neighborhood Housing Services rehabilitation loan program should significantly increase
lcvcl of effort to rchabilitate many morc than 15 homes per year. To accomplish this significant incrcase
in housing rehabilitation, city assistance should help pursue adoitional funding for the housing
rehabilitation effort from local financial institutions using innovative financing mechanisms such as loan
guarantees as additional sccurity for bank loans or a lump sum deposit by the City in interest bearing
accounts in exchange for either the bank making reduced rate loans or certain risky loans (page 16).
The Clearwater N.H.S. should continue to implement the ownership/purchase program but make it a
part of the City's new housing construction program. The existing $156,000 should be made available
to construct new housing in North and South Greenwood (see program #13)(page 17).
The Clearwater N.H.S. should continue to implement the N.R.C. downpayment assistance program and
coordinate this program with the City's new housing construction program(page 18).
N. The continued development of the Tampa Bay Community Development Corporation should be
supported. The City should investigate the possibility of donating lots, of donating houses if any should
become available through City right of way activity, and of eliminating impact and permit fees which
have averaged of $3,000 for each of the first houses (page 19).
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O. Funding for a small number of lots from gencral City funds would greatly encourage production of
housing through the Habitat Program. The waiver or payment by the City of permit and impact fees
would also assist and be consistent with other donated resources (page 20).
P.
The City and neighborhood lcaders should. jointly investigate the opportunities and commitmcnts
required to establish a neighborhood CDC, using the forum of a neighborhood sponsored leadership
workshop. As an alternative, thc Neighborhood Housing Services structure which currcntly exists could
be eipanded to meet the requirements of a CDC. Creation of a viable CDC may be a neighborhood
goal; if it is to happen, it must grow through neighborhood leadership (page 23).
Thc implementation of a new housing construction program recommended to develop ncw housing to
complement code cnforcemcnt and rehabilitation systems already in place should begin immcdiately.
A work program should bcgin, as part of thc strategy to put new homes in thc North and South
Grcenwood neighborhood. Thc work program should includc details how financial institutions can work
with thc City to implcmcnt this program. The City should meet with the financial institutions and
request their involvement and assistance, particularly to leverage City funds. The City should consider
establishing a zero interest (0%) temporary revolving new housing construction loan fund for use by
contractors during construction (page 25).
It is rccommended that a new medium density single family residential zoning district called "RS-12" be
created and applied to subdivisions that are characteristically developed with single family dwellings and
which have sllbstandard lot dimensions as gauged by current measures. Neighborhood Associations and
other groups of citizens should review these proposals and provide the City appropriate input (pages 26
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HOUSING ISSUES
CITY OF CLEARWATER, FLORIDA
NOVEMBER, 1989
INTRODUcrION
The west-central neighborhoods (those which center around North Greenwood Avenue, North Fort Harrison
Avenue and South Greenwood Avenue) are in various stages of decline. This blight may affect residential areas,
commercial areas or both. Many different types exist. All four can be found in various combinations in
Clearwater neighborhoods.
In the older Clearwater neighborhoods, three major targets to fight blight are: 1) revitalization of the North
Greenwood and Fort Hatrison Avenue commercial areas; 2) improved housing; and 3) crime reduction.
Commercial revitalization on North Greenwood has begun with the approval of a revitalization plan and
amendments to the Land DeveloDment Code. This paper focuses on improved housing. Staff is seeking
authorization to prepare a new housing construction program and to prepare detailed ordinance revisions to
streamline enforcement. A neighborhood conservation program will be developed that gives high priority to
"problem properties", ( substandard housing in conjunction with criminal activity), then moves to a geographic
based code enforcement system, and includes a safety net of housing assistance.
The subject of improved housing has recently been dealt with in the housing element of the Clearwater
ComDrehensive Plan which was submitted for state review on June 1, 1989. The following paragraphs summarize
the findings of the inventory and analysis section of the housing element:
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Most of the housing in Clearwater has been constructed recently: as much as 76% of the current
housing stock has been built since 1960. The mix is fairly evenly divided between single family and multi
family homes with much of the growth attributed to multi-family housing. City policies with regard to
zoning and development will need to recognize this trend.
The rise in the cost of new single family homes has risen dramatically faster than the sale price of
existing single family homes. To maintain affordable housing, rehabilitation and especially neighborhood
preservation is to be preferred over demolition and redevelopment of existing neighborhoods.
While the median cost of housing was less than 30% of income across th.e board for owner occupied
households, the median cost was 45% of income for lower income renters. A target of 30% for all
households should be established.
Although the number of housing units lacking complete plumbing, kitchen facilities or heating
equipment is relatively small, and has been declining, it is incident to rental housing. Continued code
enforcement to reduce these conditions further should be supported.
The population of the City of Clearwater is expected to grow to 119,111 permanent residents,
approximately 8,726 new households, by the year 2000. To accommodate these plus seasonal residents
and maintain a bealthy vacancy rate, approximately 10,845 new housing units will be needed by for a
total of 61,597 units.
.
.
.
.
.
Large, vacant parcels of land are scarce in Clearwater. Because of this, infill development of small
vacant lots and underutilized parcels will be necessary, and should be encouraged, to provide for new
households.
Impact fees significantly effect the cost of new housing. Methods of balancing the objectives of
affordable housing and adequate infrastructure need to be explored.
Clearwater should continue, as it has in the past, to promote and support fair housing practices.
Since the preparation of the housing element, staff has continued to research housing and neighborhood issues.
A survey of housing structural conditions in the North Greenwood area was recently conducted with the results
.
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as shown in the following table. The five neighborhoods indicated on the table are shown on MAP 1. Staff
intends to continue this survey in other areas of the city in the near future.
Housing Conditions Survey of Northwest Clearwater - July, 1969
Neighborhood
Avondale
Garden Ave Grnwood Ave Plaza Park Country Clb
,>
Many Major Code Violations
One or More Major Violations
Many Minor Code Violations
Sound
Vacant lot
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3
102
69
13
207
3
23
170
22
45
263
20
26
413
181
200
842
4
3
95
22
25
149
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158
189
20
367
27
57
938
503
303
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Of particular note in the findings of the housing survey are:
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over 65% of the dwelling units in the surveyed area(l,022 out of 1,525) are in violation of the minimum
housing code to some degree;
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the largest number of substandard dwellings are in the neighborhood around Greenwood Avenue where
72% of the dwellings are in violation and 8% have major violations;
the most severe blight is in the neighborhood around Garden Avenue where 90% of the dwellings are
in violation and 12% have major violations; and
there is a surprisingly large number of vacant residential lots (303) in the surveyed area which provide
opportunities for the construction of new housing.
Structures which represent the worst housing conditions are sometimes dealt with through demolition. There
have been 119 structures demolished from August, 1987 through October, 1989. This averages about 53
demolitions per year. The basis for these demolitions is as follows:
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cross-checked with substandard properties, and will often be found that they are the same. In any case, the
above data indicates that there is a significant need for effective code enforcement and housing improvement
programs.
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MAP 1
CITY Of CLEARWATER, FLORIDA
HOUSING CONDITION SURVEY AREA
PLANNING AND
DEVELOPMENT DEPARTMENT.1989
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CODES AND ORDINANCES
L CODE ENFORCEMENT BOARD
I. PROGRAM: Revise the procedures of the Code EnfofceJl1ent Board in order to expedite and
strengthen the code enforcement process.
v.
DESCRIPTION: The Code Enforcement Board (CEB) established in City Code Chapter 22, Article V
is to be the primary point of enforcement of violations of the Code of Ordinances. The purpose of the
CEB is to conduct hearings relating to the enforcement of codes and ordinances in force in Clearwater
whcre a pending or repeated violation continues to exist. The CEB has the power to issue orders which
set forth the steps necessary to bring a violation into compliance with the City Code, order a fine to be
paid when a CEB order has not been followed, have such fine recorded in the public records
constituting a lien against the land on which a violation exists, and foreclose such lien.
TARGET CLIENTELE: The processes of the eBB are targeted to violators of the City's Code of
Ordinances. for the purposes of this report, the primary focus is on violators of minimum housing,
unsafe building and nuisance codes.
ANNUALPRODUcrION RATE: The annual production rate is primarily dependent on staffing levels
and the workload of the CEB. If, for instance, the CEB processed an average of five new minimum
housing cases at each meeting, the violations already identified by staff would keep the CEB busy for
almost eight years.
IMPLEMENTATION: The enforcement procedure through the CEB is simple and straightforward (see
Appendix: Code Enforcement Board Process). When a code inspector discovers a violation, the
inspector provides notice to the violator with reasonable time to correct the violation. If the violation
is not corrected within the time specified, the inspector notifies the CEB which may order the violation
corrected. U the violation is not corrected within the time specified by the CEB, the CEB may levy a
fine not exceed $250 per day for each day that the violation continues past the compliance date
established in the CEB's order or for each time the violation has been repeated. The fine constitutes
a lien which may be foreclosed when unpaid for six months.
n.
.
Alternate members. The City may appoint up to two alternate members to serve in the absence
of regular members. This would help to establish quorum regularly.
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An exception to this process is when the inspector determines that a violation presents a serious threat
to the public health, safety and weHare. In this case, notice may be provided immediately to the eEB.
Chapter 162 F.S. also allows that violations which are irreparable or irreversible in nature may be
treated the same as those which present a threat. V~olations which are irreparable or irreversible may
also be good candidates for a new provision of state law that provides for citations.
The legislature has enacted a number of changes this year that affect code enforcement. Several
changes which allow for increased fines for repeat violations, recording of CEB orders, and foreclosure
of liens after three months rather than six months have already been implemented. Other changes can
also help improve code enforcement in Clearwater. They include the following.
i, ":
.
Citation. Designated code enforcement officers may now issue a citation or "ticket" for code
violations. Citations may be issued for any violation of the City Code as long as the infraction
is included in a schcdule of violations and penalties. The schedule would outline the violations
to which this provision applies, the penalty if the person contests the violation and the penalty
if thc pcrson does not contest the violation. The maximum penalty is $500.
The process for citations is similar to the CEB process outlined above. When a code
enforcement officer discovcrs a violation, the officer provides notice to the violator with
reasonable time to correct the violation, but no more than thirty days. If the violation is not
corrccted within the time specified by the officer, the officer may issue a citation. If the officer
detcrmin~ that the violation prcsents a serious threat to the public health, safety, or welfare
or if thc violation is irrcparable or irreversible, then the citation may be issued when the
violation is first discovered. After receiving the citation, the violator must pay the penalty within
a prescribed timc or contest the citation in county court. If the violator fails to payor appear
in cowt, judgemcnt may be entered for an amount up the maximum penalty.
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The new provision for citations will not be practical for many violations. It may bc particularly
useful, though, for certain violations such as sign code violations which are of a temporary but
recurring nature or for such violations as a contractor working without a City occupational
license or without a building permit. For these and some other violations, a violator may
correct and repeat a violation several times before receiving an order from the CEB. Another
type of violation is abandoned vehicles. With the provision of immediate penalty through
citation, violators may be slower to repeat.
VI. PUBLIC(CITY) INVESTMENT: The direct public investment associated with these code enforcement
recommendations is the staff timc required to preparc the necessary code revisions.
VII. PRIVATE INVESTMENT: Thcrc is no direct private investment necded to implement these
recommendations. Private investment will be required to correct code violations when they are found.
vm. PRACTICAL DIFFICULTIES: It takes an unnecessarily long period of time to correct a vjolation
under this process. With the exception of the six months required for foreclosure on a lien, there are
no time limit requirements in Chapter 22. Time limits to correct violations can be set reasonably by the
inspector and thc CEB. Aftcr allowing rcasonablc time to correct a violation and administer the
ordinance, enforcement can proceed. In addition to the "standard" process described above, though,
other code sections, in particular those dealing with nuisances, minimum housing, and unsafe buildings,
have their own enforcement procedures. These separate procedures create problems with enforcement
because of differing timeframes and appeals processes and also the question of when the CEB process
is to be invoked. In the case of minimum housing and unsafe buildings, a separate appeals process is
included which can place the CEB considerably later in the whole process. There are also provisions
for taking nuisance and unsafe building cases to the City Commission. In the housing code, there are
procedures adopted by refercncc to the Standard Housing Codc in addition to procedures that reference
the CEB process and final determination by the City Commi~ion. Code enforcement would be better
served if standardized and consistent enforcement procedures were outlined in a single code chapter.
IX. RECOMMENDATION A: It is recommendcd that changes be made to improve the Code Enforcement
Board and improve the code enforcement process as follows:
.
Assemble enforcement proccdures into the same code chapter. Make the procedures clear,
consistent and standardized. Allow altcrnative process through the county court. When
adopting "standard codes" by referencc such as the Standard Housing Code, specifically exclude
their enforcement procedures in favor of the City's standardized procedures. The purpose of
these recommendations is the convenience of the public who will be affected by these
procedures and the staff who will use them day to day.
Take advantage of the recent changes in state law concerning alternate members and citation.
Authorize staff to begin preparing appropriate codc amendments, and in particular to begin
discussions concerning those violations to be included in a schedule of violations and penalties
for citations.
.
.
Provide for the qualification and designation of code inspectors and police officers as code
enforcement officers with authority to issue citations for certain code violations.
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CODES AND ORDINANCES
2 MINIMUM HOUSING STANDARDS AND ENFORCEMENT
I. PROGRAM: Revise Minimum Honsing procedures to provide a clear, efficient and effective
enforcement process.
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DESCRIPTION: Minimum Housing standards are property maintenance codes that establish the
minimum requirements necessary to maintain any residential occupancy in a safe and sanitary condition.
These are not building construction codes but are property maintenance codes. Standards for minimum
housing are adopted by reference in City Code Chapter 143 and are contained in the Standard Housing
Code of the Southern Building Code Congress International. Procedures for the enforcement of
minimum housing codes are adopted as descn'bed in Chapter 143 and also by reference in the Standard
Housing Code. The focus of this discussion is the enforcement procedures.
TARGET CLIENTELE: The minimum housing codes relate principally to the use, occupancy and
maintenance of existing residential buildings. Target areas for minimum. housing code enforcement are
the North Greenwood and North Garden Avenue areas where there are many older homes that appear
to have one or more serious code violations.
ANNUAL PRODUCTION RATE: The annual production rate is dependent on staffing levels and the
workload of the Code Enforcement Board (CEB).
IMPLEMENTATION: Minimum housing codes are enforced by personnel in the Building Inspection
Division of the Department of Planning and Development. The minimum housing standards are closely
related to other property maintenance standards contained in the City Code such those dealing with
unsafe buildings, lot clearing, nuisances, and downtown property standards. Some other cities have
assembled these standards into a single chapter of their code and often republish the chapter in
pamphlet form. This is a "user-friendly" step that can be made for the benefit of the public who will be
affected by these codes and for the convenience of the staff and board members who will use them.
Chapter 143 does not specifically outline a process of initial inspection and notification. After failure
of a violator to make corrections ordered by either the building official, the Building Board of
Adjustments and Appeal(BAA) if appealed, or the CEB, the City Manager may be notified and the case
brought before the City Commission. It is unclear whether the City Manager may be notified only after
non-compliance with a CEB order or if notification may be made after non-compliance of an order of
either the building official, the BAA or the CEB. The intent is likely the same as in Chapter 138, the
Building Code (unsafe buildings) (see Appendix: Unsafe Building Process), where the City Manager is
notified only after the violator has failed for thirty days to comply with a CEB order.
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When the City Commission acts, it is to again order correction. If corrections are not made within 30
days, the City Commi~ion may cause the work to be done, charge those benefited, record a lien and
issue a certificate of indebtedness. The certificate is to be paid in annual installments of up to ten years.
After non-payment, presumably of the first annual installment, the City may foreclose on the property.
If, on the other hand, the CEB process were allowed to run uninterrupted, the violator could be fined,
a lien imposed and the property foreclosed three months later. This is potentially a much shorter route
to final resolution of a case, however, the objective is correction of the violation, not foreclosure. If the
City Commission acted quickly to cause work to be done, then it might be the shortest course to
correction.
v. PUBLIC(CITY) INVESTMENT: The direct public investment associated with these recommendations
is the staff time required to prepare the necessary code revisions.
vn. PRIVATE INVESTMENT: There is no private investment associated with these recommendations.
VIn.
PRACTICAL DIFFICULTIES: The process slows down when appeal is made to the BAA. This step
is unnecessary and can add about a month to the process. If this appeal provision is eliminated,
violators could be before the CEB as soon as they could the BAA. The CEB could then decide the
merits of the case. Because of the makeup of the CEB, it is competent to decide in these matters.
Chapter 162 P.S. states "the membership of each enforcement board shall, whenever possible, include
an architect, a businessman, an engineer, a general contractor, a subcontractor, and a realtor."
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The Standard Housing Code which is adopted by reference provides for a process for unsafe residential
buildings whereby, after notice from the housing official, a violator has 120 days to make corrections.
The notice may be appealed within thirty days to the BAA. Because of the prescribed length of time
for correction, provision for appeal in advance of the CEB, and inconsistency with other of Clearwater's
enforcement procedures, ddoption 'of the Standard Housing Code for the purpose of adopting the
minimum standards should specifically exclude adoption of the procedures contained therein.
A particular problem with minimum housing is substandard dwellings that are vacant. These are often
abandoned or have absentee owners who care little of the quality of life in Clearwater. In any case, if
such buildings are not secured, they easily become a haven for drug users, drug dealers and prostitutes.
Such houses should be secured to prevent entry and, in some cases, demolition would be preferable to
allowing criminal activity to continue. It is not necessary that criminal activity be proven. That a
dwelling is substandard is enough to initiate code enforcement. And, prior to correction of violations,
the building official needs clear authority to have these structures secured The blighting influence of
vacant substandard dwellings is substantial and should be labeled a nuisance.
IX. RECOMMENDATION B: Improve the enforcement of minimum housing standards by amending the
Ordinances and procedures as follows:
*
Clarify the minimum housing enforcement process by including it with a standardized code
enforcement process. Specifically exclude the process of the Standard Housing Code to
eliminate confusion.
*
Rliminate the provisions for appeal to the City Commission and for appeal of an order by the
Building Official concerning minimum housing standards to the BAA. The CEB and proposed
citation processes are sufficient Provision for appeal to the BAA regarding construction
standards would remain.
*
Assemble the minimum housing standards with other property maintenance standards into a
single code chapter for convenience and clarity.
Provide that vacant substandard dwellings are a nuisance, constituting irreparable public injury
and make them eligible for accelerated enforcement by the eBB.
Provide that vacant substandard structures may be secured by the building official in the same
manner as unsafe buildings.
*
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CODES AND ORDINANCES
3. UNSAFE BUILDINGS
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PROGRAM: Revise enforcement procedures in order to provide for more expeditious and elimination
of Unsafe Buildings.
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n. DESCRIPTION: Criteria for the designation of unsafe buildings and procedures for enforcement are
included in City Code Chapter 138.
m.
TARGET CLIENTELE: The provisions for unsafe buildings in Chapter 138 applies to both residential
and non-residential structures.
IV. ANNUAL PRODUCTION RATE: Determination of an annual production rate is not applicable to
unsafe buildings. The City should deal with all such cases as they arise as quickly as possible.
V. IMPLEMENTATION: Unsafe buildings are determined by the building official. The City Code
provides that the City Commission may act if the violator is not found or if non-compliance with a Code
Enforcement Board (CEB) order extends past 30 days. Much of the discussion for minimum housing
applies to unsafe buildings as well. Unsafe buildings also present some additional situations which may
include substandard housing. Because a building is deemed unsafe, it may be necessary to have the
structure secured against unauthprized entry. If the building is occupied, it may be necessary to have
it vacated. In an emergency when a structure is considered dangerous, it may be necessary to have it
demolished as soon as possible in order to secure the public safety. The authority of the Building
Official act decisively in these circllIIlStances needs to be preserved.
The appendix presents a flow chart of the unsafe building process. Currently, if a building is found by
the building official to be unsafe, unfit or a nuisance, notice is given and ten days are provided for the
violator to obtain permits and begin making corrections or appeal to the BAA. If the building is
secured, that is, boarded up, then it may remain uncorrected for up to 180 days. Then, if work has not
begun within ten days of the 180 day period, the case may be scheduled for the CEB. In the case of
non-compliance with a CEB order for thirty days, the case is brought to the City Commission as with
minimum housing. When permits have been obtained to make corrections, up to twenty days are
provided to accomplish a demolition and up to 180 days are provided if the structure is to be repaired.
With no appeals, it may take over a year to have an unsafe building repaired.
V. PUBLIC(CITY) INVESTMENT: The direct public investment associated with these recommendations
is the staff time required to prepare the necessary code revisions.
VII. PRIVATE INVESTMENT: There is no private investment associated with these recommendations.
VITI. PRACI1CAL DIFFICULTIES: Currently, a structure may remain in substandard and perhaps unsafe
condition for over a year while going through the process. Throughout this time, it is still a blighting
influence on the community even if it has been secured. It is possible that while an initial notice of
violation or an order to repair a building is being processed, the building may deteriorate to the point
that it becomes an emergency. In this case, the building official should clearly have the authority to
issue a second order even though the first has not yet been resolved. Also, a clear standard needs to
be established that the Building Official could use in determining that an unsafe building is an imminent
danger to human life or health and warrants immediate action.
RECOMMENDATION C: Amend the enforcement process for unsafe buildings as follows:
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When a building is determined by the building official to be unsafe, the building official will
issue an order to repair if the estimated cost of repair will not exceed fifty percent of the
present assessed value of the structure. If the cost of repair will exceed fifty percent of the
present assessed value of the structure, the building official will issue and order to demolish or
repair. H the building official deems it necessary, the building may be ordered vacated.
The building official may simultaneously send notice to the violator and schedule the case for
hearing before the CEB. The CEB may confirm the order of the building official or determine
other action necessary to bring the property into standard condition and an appropriate
timeframe.
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PROGRAM: Revise Nuisance codes to provide for effective standardized code enforcement.
DESCRIPTION: A nuisance is conduct which intrudes upon the free use and comfortable enjoyment
of thc property of citizens and meets the criteria set forth in Sec. 95.23 of the Code of
Ordinances. Chapter 95 of the City Code contains Article II which deals with lot clearing and Article m
which deals with public nuisances. Both of these are property maintenance regulations that can be
combined with the other code sections dealing with minimum property maintenance standards.
m. TARGET CLIENTELE: The target clientele is persons having control of premises where an alleged
nuisance exists.
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4. NUISANCE CODE
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ANNUAL PRODUCTION RATE: Determination of an annual production rate is not applicable to
nuisances. The City should deal with all su<;h cases as they arise as quickly as possible.
IMPLEMENrATION: The article dealing with public nuisances includes a two track process of
cnforcement (sec Appendix: Nuisance Process). When the City Manager determines that certain
conduct is a nuisance, enforcement may be through the normal Code Enforcement Board (CEB)
process or through the City Commission. When processed through the City Commission, the
commission may consider an agreement with the offending person or, if agreement cannot be reached,
may seek judicial relief. Sec. 95.21 of the City Code of Ordinances states that "it is hereby declared by
the city commission that the creation or maintenance of a nuisance as defined herein shall constitute
irreparable public injury." Chapter 162, F.S. provides that code violations which are irreparable or
irreversible in nature may be brought before the CEB after the first inspection rather than after
providing for a time to correct the violation and a second inspection.
PUBUC(CITY) INVESTMENT: The direct public investment associated with these recommendations
is the staff time required to prepare the necessary code revisions.
PRIVATE INVESTMENT: There is no private investment associated with these recommendations.
PRAcrICAL DIFFICULTIES: The code states that the sanitation division of the utilities department
is the investigating and enforcing authority pursuant to the provisions of this chapter. This should be
changed to provide authority to the city manager or his designee. Conditions which constitute a public
nuisance are outlined in Sec. 95.23 of the City Code. There are references to illegal activity, but not
specifically to drug use as a public nuisance. Reference should be included that would refer to Sec.
823.10 F.S. which states that "any store, shop, warehouse, dwelling house, building, vehicle, ship, boat,
vessel, or aircraft, or any place whatever, which is visited by persons for the purpose of unlawfully using
any substance controlled under chapter 893 or any drugs as described in chapter 499, or which is used
for the illegal keeping, selling, or delivering of the same, shall be deemed a public nuisance."
RECOMMENDATION D: Amend the Nuisance Code as follows:
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Include criteria for designation of property based nuisances in a code chapter containing
comprehensive property maintenance standards and provide that nuisances will be enforced
through a standardized code enforcement process.
Change all references from the sanitation division to the city manager or his designee.
Provide that conduct similar to that described in Sec. 823.10 F.S.(places where controlled
substances are illegally kept, sold or used and are declared a public nuisance) constitutes a
public nuisance and is included as a basis for code enforcement action.
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CODES AND ORDINANCES
PROCEDURE AND PROGRAM SUMMARY
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PROCEDURE
The above recommendations combine to form a standardized enforcement prc.~dure in which the urgency of
the violation is related to the speed of the process.
For first order violations, the inspector will issue a notice of violation after the first inspection. After the second
inspection, if the violation has not been corrected, the inspector may schedule the case before the CEB or issue
a citation for specified violations which will direct the violator to pay a civil penalty or contest the citation in the
county court.
A second order violation is a violation or combination of violations that the inspector has determined to be a
serious threat to the public health, safety or welfare, irreparable or irreversible in nature, a repeat violation, or
a nuisance. The inspector will, after the first inspection, simultaneously issue a notice of violation and schedule
the case before the CEB or immediately issue a citation for specified violations.
A third order violation is an unsafe building or a vacant substandard dwelling. After the first inspection, the
inspector will issue a notice of violation which may be an order to repair or an order to demolish or repair. The
Building Official will order the building secured within 15 days and the case will be immediately scheduled
before the CEB. If the building is not secured within 15 days, then the Building Official will immediately cause
the building to be secured. The CEB will then hear the case and determine the final action that must be taken.
If the CEB concurs in an order to demolish or repair and the property owner has taken no corrective action
within 30 days of the order, the building official may order demolition of the structure.
A fourth order violation is an emergency where a building is so unsafe that the building official has determined
that it is a clear and present public danger. The building official will take immediate action to secure the public
safety, including ordering vacation and/or demolition of the building if necessary, and schedule the case before
the CEB.
Nothing in the above paragraphs would prevent the staff from taking action in the County Court by a similar
process where the court would stand in place of the CEB.
PROGRAM
The code enforcement procedures outlined above are an essential ingredient of a systematic program of
neighborhood preservation that is intended to preserve sound housing, prevent further deterioration and promote
replacement of unsound housing where necessary. The program consists of the following activities.
A Code Enforcement Section of the Planning and Development Department has been established. This will
concentrate the enforcement activities of inspectors of minimum housing, land development, sanitation and
occupationalliccnse codes and afford opportunities for cross training. The following activities will be performed
by this section:
.
':ontinue the identification of problem properties through response to citizen complaints to the Code
Enforcement Section.
.
Perform ongoing neighborhood surveys to identify problem areas or areas where problem can be
prevented. These surveys are currently undel7lay. A phased approach is being used. The northwest
area of the City has been completed. The southwest area is next with the remainder of the City planned
for future phases.
Coordinate with the Police Department to develop and maintain a cross reference list of properties
~hich are being used or have a high potential for being used for illegal activity and which are in
violation of the City's property maintenance standards. These problem properties will be afforded high
priority status for code enforcement. '
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Concentrate inspection efforts in identified problem areas with detailed inspections leading to
enforcement procedures and with high priority given to properties identified in coordination with the
Police Department.
Institute automate.d administration of code inspection and enforcement procedures. The Ph,nning and
Development Department has recently purchased software which is specifically designed for code
inspection and enforcement.
.
The Planning and Development Department will continue to work with neighborhood groups to develop
neighborhood plans which constitute a coordinated approach. to solving problems and taking advantage of
opportunities. These plans will utilize the neighborhood surveys mentioned above and also include study of
neighborhood demographics, land use and zoning, crime statistics,. fire incidents, traffic patterns, drainage
problems and other infrastructure problems, etc. They will present specific proposals for improvements along
with an overall strategy for implementation.
The City should utilize financial assistance programs for home improvement and/or the provision of new housing
and explore the development of new programs which. would place emphasis on the areas of concentrated code
enforcement. Concentrated code enforcement involves using a concentrated effort on areas or ~leighborhoods
of the city which. have more extensive code violations of various types than is normally the case. The effort
would include focusing manpower on these areas and prioritizing violations. These areas are identified in the
survey mentioned in the Introduction.
RECOMMENDATION E: Institute a Concentrated Code Enforcement Program that would comprehensively
inspect entire areas including the neighborhoods shown on MAP 1 in the following order: 1) Garden Avenue;
2) Plaza Park; and 3) other areas as needed and defined by continuation of the housing survey. This program
is to be conducted through the Code Enforcement Section of the pJllnning and Development Department. Give
highest priority to properties which are designated as unsafe buildings or need to be demolished immediately
and to those properties which have been identified by the Police Department and are defined as public nuisances
in accordance with Chapter 823, Florida Statutes and which are in violation of property maintenance standards.
When homes are necessarily demolished, the occupants must be provided with a "safety net" of housing
assistance where appropriate. To ensure that the "safety net" works, the Clearwater Housing Authority will
provide Section 8 Certificates or Housing Vouchers in these situations provided that any other prerequisites for
such assistance are met.
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EXISTING PROGRAMS
5. CITY OF CLEARWATER OWNER-OCCUPIED REHABILITA1'ION LOANS
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PROGRAM: Provide rehabilitation loans for home owner occupied housing with the greatest need to
maintain and improve the City housing stock and to provide a means for low and moderate income
home owners to remain in their homes.
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DESCRIPTION: Deferred payment loans at 0% interest up to $15,000 are provided to low income
families and individuals and monthly payment loans at 6% interest up to $25,000 are provided to low
and moderate income families and individuals. Loans are used to rehabilitate homes that do not meet
city minimum housing standards.
ill. TARGET CLIENTELE: Low and moderate income families and individuals throughout the city who
own their own homes. Income limits are established by the U.S. Department of Housing and Urban
Development. Families who are impacted by the concentrated Code Enforcement Program or by the
improved Minimum Housing Code Inspection Program.
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IV.
ANNUALPRODUcrION RATE: Varies from year to year. The City has approved 65 rehabilitation
loans over the past 4 years or approximately 16 per year. Assistance is projected to 5 - 15 home owners
in 1990, depending on available funds. The City should seek to double its rehabilitation production rate.
V. IMPLEMENTATION: This is an on-going program.
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VI. PUBliC (CITY) INVESTMENT: Varies from year to year. Projected at $150,0000 - $250,000 including
case administration depending on available funds.
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PRIVATE INVESTMENT: Generally none, although some home owners will make small additional
improvements and occasionally neighbors will be encouraged to upgrade their homes with their own
resources.
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VTII. PRACTICAL DIFFICULTIES: This is a program which works with some of the oldest and most
complex repail.able housing in the city. Sometimes it also works with families and individuals with
multiple and complex problems. A consistent, high level of staff expertise is necessary during the active
loan application and coDStruction phases of the program for the program to operate effectively. The
loans are scattered over the entire metropolitan area reducing the program's effectiveness (MAP 2).
RECOMMENDATION F: Current improvements to the City owner occupied rehabilitation loan
program installed or in process include closer coordination with CNHS Rehabilitation Program,
automating financial system for maintaining balances on in-office computers, updating rehabilitation
construction specifications manual, daily visits to rehabilitation case sites by the City Rehabilitation
Specialists, automating work specification sheets, soliciting additional contractors, Building Division
review before payments are authorized, increased program signage, automation of closing
documentation, updating closing documentation to meet current Federal1"egulations, more detailed
review on roof repairs, suspension of contractors who have failed to meet agreements, and updating of
relocation policy.
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RECOMMENDATION G: The City should concentrate its rehabilitation loans into the geographic
area shown having the oldest housing in the city and to the homeowners with the greatest need to
increase the impact of the City's program. The City should also ensure rehabilitation is provided as a
"safety net" for all families and homeowners who are impacted by the increased minimum housing
inspection and a concentrated code enforcement system. To ensure that a "safety net" is created for
impactcd homcowners, priority should be given to homeowners who are subject to thc following: a
demolition or repair order; those in the area containing the oldest housing (west of Highland Avenue)j
those with other minimum housing violatioDSj those with severe heating, electrical, plumbing or weather
tight problems; and large families. Those homeowners with the greatest need would be given priority
to rcceive rehabilitation loans. The City owner occupicd rehabilitation loan program should be
continued at a level of effort adequate to repair more than 10 homes per ycar. However, new program
funding resources should bc added to the City owner-occupied rehabilitation loan program to maintain
this level, and prcferably increase it. Additional funding from local financial institutioDS could include
using innovative financing mechanisms such as guarantees as additional security for bank loans or a
lump sum deposit by the City in interest-bearing accounts in exchange for either the bank making
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EXISTING PROGRAMS
6. OTY OF CLEARWATER RENTAL REHABILITATION LOAN PROGRAM
I.
PROGRAM: Provide loans and incentives to property owners to rehabilitate housing made available
to low and moderate income renters. This program is administered by the City using Federal funds from
the Rental Rehabilitation program and is available in the area shown on MAP 3.
DESCRIPTION: Loans of up to 10 years are made available for the rehabilitation of rental housing
that is available to low and moderate income families and individuals. To be eligible for this progr~
the housing must be below minimum housing standards. No.interest loans can fund up to 50% of the
cost of rehabilitation, subject to a ceiling of $5,000-$8,500 per unit, depending on the number of
bedrooms. There must be a private loan for the balance of the rehabilitation cost. FIfty percent of the
50% that is the public loan is forgiven over a 10 year period if the housing continues to meet program
requirements including occupancy by low and moderate income persons. Loans are made only in a
target area that covers eight census tracts that include North Greenwood and South Greenwood.
TARGET CLIENTELE: The target clientele are owners of property rented to low and moderate
income tenants in substandard housing. Low and moderate income limits are established by the U.S.
Department of Housing and Urban Development.
ANNUAL PRODUCTION RATE: Production depends on the local demand and on amount of funds
available nationally through the Rental Rehabilitation Program. Ten housing units are projected for
1989-990. Clearwater's allocation for 1988-89 was $63,000.
IMPLEMENTATION: This is an on-going program.
PUBliC (CITY) INVESTMENT: Projected at $80,000 in 1989-90; source of funds is the Housing and
Urban Development Rental Rehabilitation Program.
PRIVATE INVESTMENT: Often more private investment is made more than the minimum required
50% either during the initial construction or after. Approximately $100,000 of private investment is
anticipated.
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vm. PRACrICAL DIFFICULTIES: This is a program which works with many old single and multiple
family structures, often with complicated repair needs. A consistent, high level of staff expertise is
necessary for the program to operate well. '
IX. RECOMMENDA nON H: The City of Clearwater Rental Rehabilitation Loan Program should be
continued. Current improvements installed or in process include automating financial system for
maintaining balances on in-office computers, updating rehabilitation specifications manual, automating
work specification sheets, soliciting additional contractors, improved Building Division review before
payments are authorized, increased program signage, automation of closing documentation, updating
closing documentation to meet current Federal regulations, more detailed review on roof repairs,
suspension of contractors who have failed to meet agreements, updating of relocation policy. Daily
inspections should be provided by the City rehabilitation specialist.
RECOMMENDA nON I: Rental rehabilitation shall continue to be targeted as shown on MAP 3. It
should continue to fund rehabilitation as many units per year as the annual allocation will allow (10 units
per year).
15
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7. CLEARWATER NEIGHBORHOOD HOUSING SERVICES REHABILITATION LOANS
, ,
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1.
PROGRAM: Provide rehabilitation loans for home owner occupied housing North Greenwood and in
South Greenwood to maintain and improve the City housing stock and to provide a means for low and
moderate income home owners to remain in their homes. This program is very similar to the City's
CDBG-funded program, however it is administered by CNHS and operates in the areas shown on MAP
4.
n. DESCRIPl'ION: Deferred payment loans at 0% interest up to $15,000 are provided to low income
families and individuals and monthly payment loans at 6% interest up to $25,000 are provided to low
and moderate income families and individuals. Loans are used to rehabilitate homes that do not meet
city minimum housing standards.
TARGET CLIENTELE: Low and moderate income families and individuals particularly in the North
Greenwood neighborhood and also in the South Greenwood neighborhood who own their own homes.
Income limits are established by the u.s. Department of Housing and Urban Development.
5/
ANNUAL PRODUCTION RATE: Mrehabilitation loans have been approved during the last 4 years.
Assistance is projected to 15 home owners in 1989-1990.
m.
IV.
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1.
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IMPLEMENTATION: This is an on-going program.
PUBUC (CITY) INVESTMENT: Projected at approximately $320,000 including case administration.
PRIVATE INVESTMENT: Generally none, although some home owners will make additional
improvements and occasionally neighbors will be encouraged to upgrade their homes with their own
resources.
I
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VIII. PRACTICAL DIFFICULTIES: This is a program which works with the oldest and most complex
repairable housing in the city. A consistent, high level of staff expertise is necessary during the active
loan application and construction phases of the program for the program to operate effectively.
Additional funding is needed to significantly increase the level of rehabilitation activity.
.
IX. RECOMMENDATION J: The following improvements that would help the functioning of the
Neighborhood Housing Services Rehabilitation loan program include: improved initial loan screening
and work write-ups, closer daily working relationship with the City of Clearwater's Rehabilitation
Program, more timely filing of mortgage and other loan closing documents, on-going training for a
rehabilitation specialist, closer daily working relationship with City minimum housing code inspector, and
an improved payment system requiring homeowner sign-off on work completed.
RECOMMENDATION K: The Clearwater Neighborhood Housing Services rehabilitation loan
program should significantly increase level of effort to rehabilitate many more than 15 homes per year.
To accomplish this significant increase in housing rehabilitation, city assistance should help pursue
additional funding for the housing rehabilitation effort from local financial institutions using innovative
financing mer.hAni!:ms such as loan guarantees as additional security for bank loans or a lump sum
deposit by the City in interest bearing accounts in exchange for either the bank m~1c1ng reduced rate
loans or certain risky loans.
16
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10. TAMPA BAY COMMUNITY DEVELOPMENT CORPORATION
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PROGRAM: Home Ownership Opportunity Program of the Tampa Bay Community Development
Corporation provides safe, decent, and affordable housing for low and moderate income Pinellas County
residcnts who do not currently own real estate.
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DESCRIPTION: The Tampa Bay Community Development Corporation (TBCDC) puts together
surplus single family housing to be moved (such as that in new road right of way), other single family
housing needing rehabilitation, vacant lots, and families and individuals who need housing. Houses in
newly-purchased right of way are moved and then are rehabilitated at thc ncw location. Applicants for
housing must be Pinellas County residents, must be low or moderate income, must not currently own
real estate, must be intcrested and capablc of becoming "bankablc", and must put 5% of the purchase
price down. TBCDC provides counseling, assists the applicant in submitting a loan application to a local
financial institution, provides a 20%, 5 ycar deferred paymcnt second mortgage, and sells a house to the
applicant. Houses are priced at $30,000-$60,000.
TARGET CLIENTELE: Low and moderate income families and individuals currently residing in
Pinellas County are the target clientele. Income eligtoility standards are determined by family size and
are established by the U.s. Department of Housing and Urban Development.
IMPLEMENTATION: The TBCDC Homeownership Program is currently in operation. Thc program
may bc rcvised to include lease-purchase and to provide for new construction at somc future timc.
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ANNUAL PRODUCTION RATE: Anticipated production for 1989-90 is 15 homes if all arc directly
purchased or 10 homes if lease-purchase is implemented.
PUBUC (CITY) INVESTMENT: This program is supported by Pinellas County funding and by
donation of houses by the County.
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Private investmcnt has been limited to financial institution loan
PRIVATE DIFFICULTIES: It has been difficult for low and moderate income applicants to
accumulate thc required 5% ($1,500-$3,000) down payment. TBCDC is considering using a lease-
purchase arrangement. In addition, the desired prices of the houses have tended toward $60,000 and
the affordable house payment level has tended toward $30,000 houses for the target population. Poor
credit of many applicants is also an issue. In thc first six months, the program had 250 applicants, 10
of whom met the income qualification, and 3 that probably will bc bankable. There is also a hesitancy
to move into some of the neighborhoods where the houses are availablc.
RECOMMENDATION N: The continued development of the Tampa Bay Community Development
Corporation should be supported. The City should investigate the pOSSlbility of donating lots, of donating
houscs if any should becomc availablc through City right of way activity, and of eliminating or paying
impact and permit fees which have averaged of $3,000 for each of the first houses.
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EXISTING PROGRAMS
1L HABITAT FOR HUMANITY
I. PROGRAM: Construct new single family homes for ownership by low income families through the
Habitat for Humanity Program.
n. DESCRIPTION: The Habitat for Humanity Program is a national program utilizing local volunteer
labor and professional construction manager to construct new housing for ownership by low income
families. Much of the volunteer labor comes from local churches. Individuals buying Habitat houses
must proVide 500 hours of "sweat equity" and $500, and are subject to Habitat screening for their
background, netds, and probable home owning success.
m. TARGET CLIENTELE: Low income families meeting Habitat screening requirements.
IV. ANNUAL PRODUCTION RATE: New Program in the city, but five houses are projected to be built
in 1990.
V. IMPLEMENTATION: The Habitat for Humanity Program is an established program nationally.
Houses have already been built in St. Petersburg. Two houses have been started in Clearwater.
VI. PUBliC (CITY) INVESTMENT: General City financial support of $50,000 would allow the City to
provide for five buildable lots.
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PRIVATE INVESTMENT: Approximately $35,000 in materials, donated matc~ volunteer labor,
labor and other construction expenses are provided per dwelling or $175,()()() for five homes.
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PRACTICAL DIFFICULTIES: The major practical difficulty for the Habitat for Humanity Program
in Clearwater is that the Habitat has not been able to obtain land in Clearwater as quickly as in St.
Petersburg. Because substantial volunteer labor is used, construction is slow.
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RECOMMENDATION 0: Funding for a small number of lots from general City funds would greatly
encourage production of housing through the Habitat Program. The waiver or payment by the City of
permit and impact fees would also assist and be consistent with other donated resources.
20
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PROGRAM: Establish one or more neighborhood Community Development Corporations (CDC) in
the Greenwood neighborhood to serve as a grant recipient and project sponsor for new housing projects.
DESCRIPI'ION: Private non-profit community based corporations with a designated service and target
area and a ncighborhood board can qualify as a CDC in ordcr to sponsor neighborhood housing
projects. These organizations are eligible for state grants for administrative expenses and loans for
business development. They are also eligible as sub-grantees for Community Development Block Grant
funds, and as project sponsors for low income housing tax credit developments.
TARGET CLIENTELE: State law requires CDC to specify a service area, defined as the entire area
in which the corporation operates, and a target area in which economic development projects are
located. The target area must be an enterprise zone, CDBG program area, slum or blighted area, or
equivalent. The service and target areas would focus on the North Greenwood neighborhood.
IMPLEMENTATION: Establishment of neighborhood CDC could be achieved under the auspices of
the Greenwood area churches or other similar institutions. The majority of members must be elected
from the service area, and one member is appointed by the Governor, if the CDC is to qualify for State
funds. If the community has goals which can be realized through the CDC investment-oriented
approach, it would likely take 8-12 months to organize and incorporate. CDC are also eligible recipients
for Nehemiah housing grants.
ANNUAL PRODUcn:ON RATE: Annual goals would have to be developed by the corporation as part
of their organizational activities. Goals would have to be determined by both neighborhood priorities
and funding opportunities.
PUBUC (CITY) INVESTMENT: The establishment of Greenwood neighborhood CDC would likely
require organizational support from the City in establishing the articles of incorporation, preparing grant
applications for funding, and preparing the organization for self-sufficiency. After a CDC is established,
it would likely seek CDBG funding or other tap other City fund sources to achieve its goals.
PRIVATE INVESTMENT: The CDC would Dcot require private investmcnt to be established, however
private participation is a critical element in its success. Private mortgage commitments would be
necessary for loans. Private investment is needed to crcate low incomc housing through use of tax
credits, and private aid would likely be necded to help fund operating expenses.
vm. PRAcrICAL DIFFICULTIES: The State funds a maximum of 18 CDC a year, therefore funding for
a new CDC cannot be assured. Funding proposals are evaluated according to a set of statutory criteria,
the proposed Greenwood CDC would need to have a track record before it would score high on all
categories. The principal difficulties in establishing a CDC are the degree of local effort that is required
before any tangible results are produced, and the conflicting demands on leadership capacity in the
community. Most of the ministers are lay ministers, who have jobs and family responsibilities. The time
required to create and guide CDC may be excessive.
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12. GREENWOOD NEIGHBORHOOD CAPACITY BUILDING
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opportunities and commitments required to establish a neighborhood CDC, using the forum of a
neighborhood sponsored leadership workshop. As an alternative, the Neighborhood Housing Services
structure which currently exists could be expanded to sponsor neighborhood housing projects. Creation
of programs to sponsor housing projects may be a neighborhood goal; if it is to happen, it must grow
through ncighborhood leadership.
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PROPOSED PROGRAMS
13. NEW HOUSING CONS1RUCflON
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PROGRAM: Provide newly constructed affordable single family housing for owner-occupancy in North
Greenwood and South Greenwood for purchase by low and moderate income persons.
DESCRIPTION: A public-private program will develop housing for low and moderate income persons.
The program will be designed for families who wish to pursue the American dream of homeownership.
Private sector contractors will build housing for applicants who are either first time buyers or who have
not owncd a home for at least a year. Housing lots must be obtained by purchase or donation; in some
cases lots may need to be assembled to meet minimum lot size requirements. The initial emphasis will
be on North Greenwood, followed by South Greenwood. A list of developers with attractive and
affordable 2, 3, and 4 bedroom homes will be established. Potential purchasers will be identified by City
staff, the Neighborhood Housing Services, community churches, or other individuals and community
groups. A balanced program will provide housing for individuals, large families, and elderly persons.
Preference will be given to applicants with established 'esidences in the target area. A zero interest
(0%) temporary revolving construction loan fund which would be established for temporary use by
contractors during construction should be considered.
The Consumer Credit Counseling Service (CCCS) or similar organization will work with applicants to
establish budgets, resolve credit problems, complete loan applications and assist them in becoming
"bankable". This may involve resolving liens and credit problems and obtaining documentation.
rmancial institutioDS will be recruited to participate in the program to provide mortgages to "bankable"
applicants. The applicant must provide a downpayment in acquisition of a mortgage. The applicant must
sign an agreement to live in the house for at least five years or return the City's contributions plus 10%
interest thereon.
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Applicants must begin homeownership counselingwith the CCCS, Tampa Bay Community Development
Corporation or similar organizations. This counseling would comprehensively explain how to manage
ownership of a house.
ill. TARGET CLIENTELE: Low and moderate income families and individuals who wish to become
homeowners, are ready for home ownership, and are willing and able to be "bankable".
IV. ANNUAL PRODUCTION RATE: Forty single family units per year would be funded in the first two
years as a pilot program.
v. PUBUC (CITY) INVESTMENT: The overall cost to the City is $600,000 over two years. The total
direct cost for land is projected to be $400,000. In addition, a field agent would need to be hired. Legal
and consulting costs, and payment to the organization providing counselling and getting applicants
"bankable" and other similar administrative payments and related costs would be incurred. There will
be no net public investment in creation of the proposed zero interest temporary construction loan fund.
The proposed source of funds is $220,000 in CDBG funding (including $100,000 reprogrammed from
housing rehabilitation activities), $219,000 in reprogrammed City general revenue, and $156,000 in
existing housing fimds for the two year period.
vn. PRIVATE INVESTMENT: Assuming construction of 40 houses, 80% financial institution financing of
an average $50,000 house and some donated land, total program private involvement would be about
$1,700,000. Any othcr donated resources would be in addition to this minimum amount. F"mancial
institutions should be requested to provide mortgages, implement hoeral and innovative policies for
provision of downpayments, and support this program.
24
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PROPOSED PROGRAMS
14. ZONING CODE AMENDMENTS
I.
PROGRAM: The Land Development Code and Zoning Atlas maps are proposed to be restructured
to further the goals, objectives and policies contained within the Housing Element of the Comprehensive
Plan. In particular, it is the objective of the city to provide for a wider J'ange of affordable housing
opportunities in the city by enabling the development of substandard sized lots. The targeted
development for these properties is the construction of single family dwellings.
DESCRIPTION: A recent survey conducted by the Planning and Development Department identified
approximately 300 vacant lots within the North Greenwood area. The Planning and Development staff
will recommend Development Code text amendments and Zoning Atlas amendments that will facilitate
the development of some of the smaller of these lots. The amendments will entail reducing lot area,
width and depth standards and relaxing setback standards.
TARGET CLIENTELE: As indicated earlier, many of the undeveloped properties lack sufficient area
to be developed in accordance with current standards. Upon relaxing current standards, given the
diminutive size of certain affected properties, the development of modestly sized homes is anticipated.
The targeted clientele for these homes will be low and moderate income families.
ANNUAL PRODUcrION RATE: It is projected that assisted new housing construction will occur at
the rate of twenty houses per year for the first two years after this program is in place. For greater
detail regarding construction, please see" New Housing Construction. II However, there may be
additional private market housing produced once zoning restrictions are eased.
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V. IMPLEMENTATION: Adoption of the Zoning Code amendments and Zoning At1as amendments must
occur following public hearing before the Development Code Adjustment Board, Planning and Zoning
Board, and City Commission. Implementation of amendments (i.e., construction of housing in
accordance with the recommended ordinances) will occur consistent with the market-driven forces and
public/private partnerships.
VI. PUBLIC (CITY) INVESTMENT: No public investment is required to enact the recommended Zoning
Code and Zoning Atlas amendments.
VII. PRIVATE INVESTMENT: No private investme'1t is required to enact the recommended Zoning Code
and Zoning Atlas amendments.
VIII. PRACTICAL DIFFICULTIES: There are two aspects of the recommendation that are worthy to note
as potential practical difficulties:
A Properties developed with nonconforming uses would not be permitted to be rebuilt.
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B. Some properties built in accordance with stricter zoning requirements may experience some
depreciation of value.
IX. RECOMMENDATION R: It is recommended that a new medium density single family residential
zoning district called "RS-12" be created and applied to subdivisions that are characteristically developed
with single family dwellings and which have substandard lot dimensions as gauged by current measures.
The North Greenwood Neighborhood Association, other groups and citizens should review these
proposals and provide the City appropriate input.
26
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SOURCE: CLEARW A TER PLANNING &
DEVELOPMENT DEPARTMENT
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PROPOSED PROGRAMS
15. CRIME PREVEN'TION THROUGH ENVIRONMENTAL DE.SIGN(O'TJ:ID)
II.
I. PROGRAM: The Planning and Development Department in conjunction with the Police Department
is developing a Crime Prevention Through Environmental Design (CPTED) program for a pilot
neighborhood in North Greenwood. The premise of CPTED is that proper design and effective use of
the physical environment produce behavioral effects and reduce the incidence and fear of crime.
DESCRIPTION: Preparation of a neighborhood action plan and program to implement strategies that
will make the neighborhood less vulnerable to intruders and enable and encourage residents to become
more protective of their block, to improve the safety and sense of security.
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TARGET CLIENTELE: The CPTED program will be targeted at existing residential areas and those
to be redeveloped. The Police and the Planning and Development Departments must develop a set of
criteria and have selected an area or areas as candidates for a CPTED pilot program.
ANNUAL PRODUCTION RATE: The program is being developed for implementation in one existing
residcntial neighborhood by the beg;nning of 1990. Depending on the results and acceptance, efforts
will be made to accelerate the program and apply it to other residential neighborhoods and commercial
districts.
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IV.
28
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IMPLEMENTA nON: Implementation involves evaluation of the crime/environment data connection,
customizing solutions for each target area, educating the area's residents/business owners on the
program, and making the improvements.
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PUBUC (CITY) INVESTMENT: Planning and Development and Police Departments have invested
staff time in this program. Other City departments will also be asked to participate by providing input
and/or manual field work (Le. installation of sidewalks and barricades for street closures). Public
improvements in target neighborhoods are eligible CDBG expenses, and some home improvements can
be funded through loans or grants.
PRIVATE INVESTMENT: The neighborhood associations and leaders along with the property owners
within the area will be asked to invest their time, suppor~ manual labor (e.g. for installation of fencing,
installatiOn/maintenance of landscaping features, etc.), and available monies.
vnI. PRAcrICAL DIFFICULTIES: Community acceptance of CPTED projects is often slow and difficult,
yet it is essential for success.
VTI.
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IX. RECOMMENDATION S: CPTED (Crime Prcvention through Environmental Design) should be used
in a pilot program as a key component of the neighborhood revitalization strategy in North Greenwood.
The three overlapping CPTED strategies are natural access control, natural surveillance and territorial
reinforcement (public/private and transitional areas). The following are examples of CPTED strategy
activitics recommended for these residential neighborhoods:
.
.
Signs or markers to indicate neighborhood entries
Variation of material or painting of street pavement to mark neighborhood entries or pedestrian
areas
Public and private lighting for streets and outside areas
Sidewalks
Front porches to define transitional area from public to private and for residents to observe of
the neighborhood
Maintain hcdges at a maximum height of 3 fee~ tree clearance (from ground to branches) at
a minimum of 7 feet; thorny or sharp plants used as hedges
Barricading (temporary, for a trial period of 1.2 years) of unnecessary through streets, resulting
in deadends, cul.de.sacs or T.tumarounds
Crime prevention see.through fencing (should be aesthetically pleasing such as picket or
wrought iron fencing materials) to be erected along property lines of residential properties '
.
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PUBUC (CITY) INVESTMENT: There would be no direct city investment if thc fec;s are waived As
an alternative, some or all of the fees can be paid by the City for qualified sponsors. This would have
a general fund impact of a maximum of $5000 per unit, however it would be a paper transfer, since the
fees would be paid, into anothcr City account.
PRIVATE INVESTMENT: City fce payment is established undcr a local program for qualificd non-
profit sponsors of homeless shcltcrs, such as Everybody's Tabernacle, Quest Inn, Rcligious Community
Services, Isaiah's Inn, Salvation Army, Habitat for Humanity, Neighborhood Housing Services, and the
Tampa Bay Community Development Corporation.
VIII. PRACrICAL DIFFICULTIES: Waiving impact fees reduces the amount of money which would accruc
to the trust funds. Paying impact fees and permit fees reduces the City's general fund; even though the
City is "paying money to itself' the funds are diverted from the general fund into a specific trust fund
for a restricted use. Authorization of waivers or fee payment must also be carefully administered to
insure that the genuine community purposes are served and that the program is administered in a non-
discriminatory manner.
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PROPOSED PROGRAMS
16. IMPAcr AND PERMIT FEE PAYMENT OR WAIVERS
PROGRAM: Reduce impact fees and permit fees to decrease the cost of new construction available to
serve target populations.
DESCRIPTION: Impact fees and permit fees for a single family housing unit cost an average of $5220.
This cost is not sensitive to size of unit; the fee amount would be reduced to about $5000 for a one
bathroom, 1000 square foot house. These impact fees provide infrastructure to serve demand generated
by new development. Permit fees are established to reimburse the City for the cost of inspections, filing,
etc. Thc average new house in Clearwater was $122,793 in 1988, therefore impact and permit fees
constitute about 4% of the cost of the average house. However a modest house can be built for about
$42,000 (construction cost), impact fees of $5000 are a substantial addition to this base cost.
TARGET CLIENTELE: Impact and permit fee reductions or waivers should be targeted to single
family houses for low and moderate income households. To reduce the service impact of waivers or
reductions and to support neighborhood rcdevelopment objectives the waiver/reduction program should
be limited to new single family housing in the north and south Greenwood neighborhoods. Homeless
shelters are currently eligible to request the City to pay a portion or all of their impact and permit fees.
ANNUAL PRODUCTION RATE: The Housing Element of the Comprehensive Plan includes a policy
calling for the City to "assist" in the production of 34 units of housing pcr year for low and moderate
income households. This could be the target rate of new construction for impact and permit fee waivers
or reductions.
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IMPLEMENTA nON: The City should consider amending the ordinances which establish the recreation
and open space impact fees, and investigate the possibility of payment, reduction or waiver of water and
sewer impact fees and tap fees (if bond restrictions can be addressed). The City should support efforts
to amend the countywide Transportation Impact Fee to waive impact fees for a limited number of
qualified units per year. Building permit fees can be waived upon amendment of the appropriate
ordinance.
IX. RECOMMENDATION T: Impact fees and permit fees are a substantial part of thc cost of a modest
house. In order to facilitate the production of affordable housing a limited number of waivers or city
payments should be granted. However the City should not allow the basic premise of impact fees to be
compromised.
30
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PROPOSED PROGRAMS
17. COMMUNITY DEVELOPMENT BLOCK GRANT NEW CONSTRUCrION FUNDING
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I. PROGRAM: Use Federal Community Development Block Grant (CDBG) funding to fund new
construction. The CDBG program currently supports rehabilitation programs for owner-occupied
housing, and funds social service and infrastructure projects. $100,000 would be transferred from this
year's CDBG program for new housing construction and 25% of each year's future total allocation
would be made available for new housing construction.
DESCRIPTION: The COBG program also permits new housing assistance as an eligible expense.
Funds are distributed with input from a neighborhood advisory committee, and there are always more
requests for funding of social service projects and neighborhood improvements than funding will permit.
The City currently receives $890,000 per year, which is allocated as follows:
n.
Infrastructure improvements
Owner-occupied rehabilitation
Social services
Economic dcvelopment
Mise. and administration
New construction
~ent~ocation
12%
65%
10%
6%
7%
0%
ProDosed Allocation
12%
40%
10%
6%
7%
25%
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m. TARGET CLIENTELE: Under the CDBG program, target neighborhoods and income groups are
established. A new housing assistance program would serve the same target clientele, would be a
complement to the other programs, and would create an opportunity for low and moderate income
households to own a new home. It would also add sound units to the housing stock in deteriorated
neighborhoods.
ANNUAL PRODUCrION RATE: The Housing Assistance Plan required by the Federal Government
of all CDBG recipients includes housing targets. The annual production rate will be in part dependent
on the City's ability to "piggyback" the use of CDBG funds with other sponsor or program revenues,
however a realistic target rate of production would reduce rehabilitation funding to 40% of total
revenue, and allocate 25% of the revenue to new housing program. This would provide $133,500 based
on current funding levels. An alternative would be to utilize program income for new housing. This is
money which is returned to the city from the payback of loans. Total program income for 1988 was
$111,000.
IV.
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v. IMPLEMENTATION: The City's CDBG application would need to be amended to establish a new
housing program, with an approximate 3 month lead time to formally amend the program. Additional
capacity to produce new housing would have to be established by either the City or a subgrantee.
Program guidelines and project sites would have to be developed before production could be initiated.
VI. PUBUC (CITY) INVESTMENT: The City would have to invest staff time to prcpare an
implementation program for evaluation as part of the overall COBG program.
VIT. PRIVATE INVESTMENT: No dircct private investment would be needed to implement this program.
However, CDBG funds would best be used as a supplement to other funding opportunities, and leverage
additional investment by private non.profit sponsors. There is the potential to use CDBG funding to
create production of moderate cost housing by the private sector. A new housing assistance program
that served as an intermediary between potential purchasers at the high end of the moderate income
range, and private builders might require very little subsidy to produce new housing.
VIn. PRAGnCALDIFFICULTIES: There would be a one-year lead time before a new application cycle for
CDBG funds begin and funding would be allocated to the new program. An amendment to the existing
program would affect currently authorized programs and result in some program deletions. In addition,
use of CDBG funds requires and environmental review.
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PROPOSED PROGRAMS
18. GENERAL REVENUE CONSTRUCI'lON FUNDING
PROGRAM: Use City general fund revenues to establish a locally funded low and moderate income
single family detached construction assistance program. Initial funding would be obtained by creative
use and application of existing and new general fund revenues.
DESCRIPTION: New or expanded programs are proposed to upgrade the housing stock, such as a
code enforcement "ticket" system for repeated violation of certain city codes (i.e. land development code,
minimum housing code and sanitation code) and a surcharge on occupational licenses for rental units.
Revenues in excess of expenses can be generated in the operation of these regulatory activities, and
surplus funds directed to an infill housing trust fund Additional funds for the trust fund could be
obtained by increasing the building permit and occupational license fees, and using fee revenue to fund
the full cost of the inspection and issuing system. General fund revenues thus "freed up" as a result of
could be directed to the trust fund. Reinspection of rental property prior to re-rental after vacancy could
insure that minimum maintenance and safety standards are enforced, and that required equipment, such
as fire extinguishers and smoke alarms are in working order. Planning and Development staff has
identified $220,000 in existing accounts that can be reprogrammed for new housing construction (see
Program #13).
m. TARGET CLIENTELE: Low and moderate income families are the target user group. Funds would
be directed to inner city neighborhoods as a first priority, but qualified families could apply to this fund
to build infill housing anywhere in Clearwater.
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ANNUAL PRODUcrION RATE: There are currently 900 occupational licenses issued each year to
apartments, hotels and motels. These licenses yielded $39,262 in 1988. The current fee rates are $20 for
2-5 units, and $8.50 per unit for greater than 5 units. The average cost per license was $43.81. If each
license were increased by $100, the annual revenue yield would by $90,000. If building permit fees for
land development were increased by 20%, an additional $146,000 would be generated. There is no
history on which to base code enforcement "ticket" revenues. A rental inspection program would cover
the estimated 18,000 rental units in the City. A work program for the inspection function would have
to be developed before inspection volume and revenue could be projected.
v.
IMPLEMENTATION: A budget line item would have to be created, and appropriate codes and
ordinances modified to enable fee increases.
VI. PUBUC (CITY) INVESTMENT: The City would have to invest time and funds in creating housing
programs, and would have to agree to forgo certain revenue from the fee increases which would be
directed to the trust funds. Presently, there are funds that can be reprogrammed City staff has
identified about $220,000 that could be used for the first year's funding.
vn. PRIVATE INVESTMENT: The private sector would bear the full cost of implementing these programs,
through increased fees.
vm. PRACrICAL DIFFICULTIES: There is a statutory limit on the amount the City can charge for
occupational licenses, however a fee to provide the permit can be added as a surcharge to the license
fee structure. Enforcement of a rental reinspection program would be difficult to enforce, and may not
be necessary on a city-wide basis. Where the rental housing stock is relatively new, there is little need
for a reinspection program.
IX.
RECOMMENDATION V: The provision of a dedicated source of revenue is increasingly used by
governments to fund desired environmental or social programs. For example, Dade County uses
documentary stamp tax to pay for low and moderate income housing. The City should pursue
implementation for a similar documentary stamp tax be developed for Pinellas County. Use of funds,
through an increase or surcharge on occupational licenses for rental units is a feasible alternative and
should be explored Under the current licensing structure, this would also include hotel and motel
licenses. The City should also use the $220,000 that has been identified as funding for the first year's
program.
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PROPOSED PROGRAMS
19. SEcnON 8 CERTIFICATE/HOUSING VOUCHER CONVERSION
I. PROGRAM: Use Section 8 certificates or housing vouchers to enable owner occupancy.
II.
DESCRIPTION: Section 8 certificates are available to participating landlords; vouchers are issued
through the eligible occupant, however the purpose is the same. They enable low or moderate income
families to obtain housing in the private market, with the Federal government paying the difference
betwcen the family's housing budget and the market rental rate for the housing unit. Vouchers are user
oriented, while certificates are allocated to the supplier (landlord). The market rental rate is pegged to
the average for the community; the amount the family will pay is based on their income, and the
certificates/vollchers bridge the gap. Through an intermediary such as the Neighborhood Housing
Services, certificatcs can be used to accumulate capital for down payments for new housing for a renter
family to become an owner. The NHS receives a certificate or certificates for housing, and places a
qualified family in a rent-to-own unit. The family pays based on their income, and the certificate pays
the diffcrence between the market rent and the amount the family can afford. The difference between
the cost to NHS of the unit and the sum of the certificate revenue and thc family's payment is put in
escrow to accrue toward a down payment on the house. In essence, the surplus value which would be
profit to the landlord is instead diverted to benefit the occupant.
TARGET CLIENTELE: The 6130 section 8 eligible families in Clearwater are be the target group for
this program. Target geographic area would be the NHS service district (basically north and south
Greenwood). The production rate for this program would be the ability to supply the units to qualified
tenant-bllyers, the ability of NHS to provide appropriate housing,' and the ability to providc certificates.
Currently thc Housing Authority has 503 certificates available and 103 vouchers. Approximately 15 of
these certificatcs turn over through attrition each month. There is a waiting list for use of the
certificates.
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ANNUAL PRODUcrION RATE: The annual production rate depends on several factors. Due to the
lack of experience and the innovative features of this program, it is expected that annual production will
be low at first, with program targets to be realistically set as production begins.
IMPLEMENTATION: The NHS would be the key implementing agency, however the concurrence of
the Department of Housing and Urban Dcvelopment (HUD) and the Clearwater Housing Authority
would also be needed to begin the program. Both new and rehabilitated housing could be included in
this program. Participation of lending institutions is needed,as they will be the evcntual holders of the
mortgages.
PUBUC (CITY) INVESTMENT: Very little direct City investment would be needed to operate this
program once it is established. Organizational support will be needed initiate the program and monitor
its progress.
VTI. PRIVATE INVES';['MENT: Private lender cooperation will be needed to provide mortgage funds.
Agency support from NHS, HUD and the Clearwater Housing Authority are the critical elements.
VIII. PRACTICAL DIFFICULTIES: It will be necessary to produce housing at a low enough cost to have
an adeqll8te "spread" between the monthly cost of the housing and the fair market rental rate, in order
to build up a down payment. For example, the current fair market rental for a 3 bedroom house is $551;
the unsubsidized cost to build a modest 3 bedroom house is about $44,000 (not including impact fees
and land). If other subsidies are used, and the family requires a subsidy of about $50. a month, the
program will accwnulate that subsidy toward thc down payment. This will allow the conversion to owner
occupancy in about 3 years, if impact fees are not included in the price, if land is available at little or
no cost, and if the housc is qualified as an F.H.A. mortgage. The sponsor must be willing to hold the
house and servc as thc landlord during the accumulation period.
IX. RECOMMENDATION W: A section 8 certificatc or housing voucher program could be used in tandem
with impact fee reductions and revenues from a housing trust fund, which could provide seed money or
land for new construction. Because this is a new program which has not been tried before, a
demonstration program should be initiated to test feasibility.
34
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PROGRAM: Provide rental housing for low income elderly, the homeless or low income families using
housing tax credits
DESCRIPTION: A revision to the law created by the 1986 Tax: Reform Act provides an annual tax
credit for private corporations and nonprofit developers who invest in low income rental housing.
Intermediary nonprofit corporations such as the Enterprise Foundation have established equity funds
which enable private corporations to invest in eligible projects. These equity funds pool projects, screen
local nonprofit sponsors, and arrange agreements with local governments and banks to leverage funds.
This program is under the authority of the U.S. Treasury Department.
Investors take a credit of up to a present value of 100% of their investment over 10 years, against their
Federal corporate income tax. All or part of a project may be set aside for qualified tenants, and a
proportional credit obtained A lower tax credit rate applies if a federal subsidy has been used for
construction,however the full tax credit may be obtained for "troubled" subsidized housing. The
compliance period for this program is 15 years.
m. TARGET CLIENTELE: This program is targeted to the homeless, and low income families and the
elderly. Rehabilitation and new construction are eligible for the tax credit, however the maximum credit
is obtained under rehabilitation.
ANNUAL PRODUCTION RATE: Annual production depends on the availability of funds from
corporations, a nonprofit sponsor and financial intermediary, and either land or structures eligible for
rehabilitation. The Treasury issues a limited number of credits per year, with a per-state allocation equal
to $1.25 per capit~.Unless this program is extended, the legislation will "sunset" at the end of 1989.
IMPLEMENTATION: Implementation of this program is a matter of connecting nonprofit sponsors
with private corporations. There is a substantial ongoing management responsibility that accompanies
this credit, since the private sponsor's return is contingent on the units staying available for rental for
a period of 15 years. Implementation of this program will require the input and advice of the City's
financial community, an established nonprofit sponsor, and willing investors. The tax credit agency is the
Florida Housing F"mance Agency.
VI. PUBUC (CITY) INVESTMENT: Direct City investment may be needed to assist in purchase of land
for new construction, since the land cost cannot be entered into the depreciable basis of the property.
Active City participation in organization and management should be expected.
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20. FEDERAL HOUSING TAX CREDITS
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Vll. PRIVATE INVESTMENT: Under this program, some or all of the up.front capital cost of providing
housing is funded by private investors, who recoup their investment through tax credits over a 10 year
period. Organizational support and pooling of investments to reduce individual exposure can best be
done througl1 a housing finance agency or established nonprofit sponsor.
vm. PRAcrICAL DIFFICULTIES: If housing to be built in Clearwater, Congress must reauthorize the
program. If the program is reauthorized this winter, it will be necessary to find suitable structures to
rehabilitate, determine eligible sponsors, and to explain the advantages to investors. If other Community
Development Corporations are created, such an organization would be a good candidate to be a project
sponsor.
IX.
RECOMMENDATION X: Use of Federal Income tax credits can expand the supply of housing. Based
on the pcr capita funding formula, Clearwater's pro rata sharc of tax credits is about $129,000 per ycar.
This would leverage a maximum investment of $1,290,000, if participating investors could be found.
Renewal of this legislation is reported to have substantial support in Congress, and the City should
actively support its retention and use.
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PROPOSED PROGRAMS
NEW PROGRAM FINANCE SUMMARY
The preceding pages have outlined a process to produce and finance new housing in North and South
Greenwood area. New production would be oriented to single-family, owner-occupied units , instead of
traditional multi-family housing operated by a public authority.
Directing public and private resources toward producing new housing for low and moderate income families is
a progressive step for local government.
Many low and moderate income families have stable sources of income, and are well able to undertake the
responsibilities of homeownership. Adding to the supply of housing in the neighborhood will both expand
alternatives for families to choose, and upgrade the appearance and overall investment in the neighborhood.
New housing construction can be enabled by reprogr~mming of funds, and expansion of existing funding sources
as follows:
1. Community Development Block
Transfer from Rehabilitation Loans $100,000
2 CD.B.G. available surplus, 1989-90 (est)
Reprogrammed per H.UD. regulations 90,000
3. CD.B.G. contingency (est.) 30,000
4. City reprogrammed (account # 684) 156,000
5. H.UD. Reprogrammed ad valorem and
special program revenue replacement 219.000
Total first year revenue ~595.000
It is expected that City direct program expenditures will leverage a $7.00 - $8.00 in private mortgage commitment
for each dollar that the City puts into a house.
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