Sec. 122.423. - Disposition for affordable housing.

(a) Suitability for affordable housing. Surplus property is appropriate for affordable housing and shall be placed on the affordable housing inventory list if it satisfies the criteria below, and the Real Estate Division may sell or donate the property for use as affordable housing. All sales proceeds of property for use as affordable housing shall be deposited in the Affordable Housing Special Revenue Fund at Section 111.940 , Ordinance Code, for affordable housing purposes. Surplus property that does not satisfy the criteria below is not subject to the provisions of this section. Affordable housing sales or donations may be made for single family development, multi-family development, neighborhood supported commercial uses, and similar uses supportive of affordable housing. For purposes of this section, "Affordable" with respect to residential use has the meaning ascribed to it in F.S. § 420.0004, as amended from time to time. The criteria to determine whether property is appropriate for affordable housing are: (1) The property is not allocated pursuant to Section 122.415 of the Code to a City agency, board or commission, including the Downtown Investment Authority or the Office of Economic Development, other than the Real Estate Division. (2) The parcel has legal access to a public road; and (3) The parcel is located within 500 feet of a public water and sewer line or an existing septic system as confirmed by JEA; and (4) The parcel is buildable as determined by the Director of the Planning and Development Department or his designee; and (5) Current or planned zoning of the parcel is AGR (Agricultural), CRO (Commercial Residential Office), RHD (Residential High Density) RLD (Residential Low Density), RMD (Residential Medium Density), RR (Rural Residential), RO (Residential/Office), or within a Planned Unit Development with residential entitlements as determined by the Director of the Planning and Development Department or his designee; and (6) The parcel has not previously been used for a right-of-way, wasteland, or retention pond; and (7) The parcel is not designated or located in Flood Zones "A" or "AE". (b) Affordable Housing Inventory. Surplus properties appropriate for affordable housing shall be placed on an affordable housing inventory list as required by F.S. §§ 166.0451 and 125.379, for adoption by the Council no later than July 1, 2019 and no less often than every third year thereafter. The inventory list required by this Section is in addition to the inventory required by Section 122.401 (e). The affordable housing inventory shall be posted on the City's web site. (c) Donation for affordable housing. For a period of 30 days after posting of the Council-approved affordable housing inventory list, the Housing and Community Development Division ("Division") may donate properties on the list exclusively to non-profit entities with prior experience in constructing or rehabilitating affordable housing or other uses supportive of affordable housing, as determined by the Division, on a first come-first served basis. Thereafter, for a period of 60 days, the Division may donate properties on the list to any entity, both non-profit and for profit, with prior experience in constructing or rehabilitating affordable housing or other uses supportive of affordable housing, as determined by the Division. For purposes of this section, a "donee" is an entity donated property by the Division pursuant to this section. Any donation pursuant to this section shall contain a restriction that requires the development of the property (i) as permanent affordable housing within three years after the donation as evidenced by receipt of a certificate of occupancy; or (ii) for other uses supportive of affordable housing (e.g., neighborhood supported commercial uses). The Chief of the Division is authorized to extend for good cause the three-year requirement for a donee to develop affordable housing by up to two years. The donee shall execute any necessary transaction documents required by the Division to effectuate the donation. The donee shall also provide the Division with evidence verifying that housing constructed or rehabilitated in accordance with this subsection is "affordable" pursuant to F.S. § 420.0004, prior to the donee's conveyance of the property to a qualifying individual homeowner. (d) Transfer restrictions; failure to comply with donation restrictions; remedies . Property donated to a donee pursuant to this subsection may not be subsequently transferred by such donee prior to the donee's compliance with the donation restriction without prior City approval. If the donee fails to comply with the donation restriction in this subsection, the City, acting through the Mayor or the Mayor's designee, in addition to all other remedies available at law, shall have the right, at its option, to either: (1) exercise a right of re-entry reverter on the donated property; or (2) invoice the donee for the current assessed value of the donated property as shown on the tax rolls. Upon an election by the City to re-enter and take possession of the donated property pursuant to a right of re-entry reverter, the donee shall be required, at no cost to the City, to convey the donated property to the City by deed subject only to City permitted encumbrances. Upon an election by the City to invoice the donee for the current assessed value of the donated property, the donee shall be given a reasonable period of time to pay the invoice. Donated properties remaining on the affordable housing inventory list after the period for donations has expired or reverting to the City pursuant to the City's right of reentry reverter for failure to comply with a donation restriction may be offered for sale for affordable housing through public auction or by accepting competitive bids. Properties on the affordable housing inventory list remaining unsold 180 days after the period for donations has expired or after a reversion has occurred shall be deemed unsuitable for affordable housing and may be disposed of by the Division in any manner authorized by the provisions of this Code. (e) Chief authorized to promulgate additional rules and regulations . The Division Chief may promulgate additional rules and regulations regarding properties donated pursuant to this section provided that such rules and regulations are not inconsistent with this section. (f) Educational workshops required . The Division shall conduct a minimum of four educational workshops electronically or in-person for the public within 30 days of the Council's adoption of the Affordable Housing Inventory List. At least one educational workshop shall be conducted in person. Such workshops shall be advertised on the Division's website, in a newspaper of general circulation, Citizen Planning Advisory Committee distribution lists, and in City owned community centers a minimum 14 days in advance of the scheduled workshop date. The purpose of the workshop shall be to educate the general public on the donation procedures set forth in this section. (g) Prohibited donation of property to certain entities . Property donated pursuant to this section shall not be conveyed to any person, entity, or organization and any affiliates thereof, including, but not limited to, a for profit or non-profit corporation, partnership, limited liability company, joint venture, business trust, or consortium (collectively, "Entity"), if one or more of the following conditions exist at the time of the property donation or conveyance by the City: (1) The Entity, or its affiliates, is in noncompliance with a donation agreement executed by the Entity pursuant to this section; (2) The Entity, or its affiliates, is on the Council Auditor's noncompliance list pursuant to Chapter 118 , or the Vendor Debarment List pursuant to Chapter 126 , Ordinance Code; (3) The Entity, or its affiliates, is in noncompliance with a City agreement to which the Entity is a party; (4) The Entity, or an affiliate of the Entity, is delinquent on taxes or the payment of liens, including code enforcement or nuisance liens, on real property owned by the Entity and such taxes or liens incurred after the Entity took ownership of the real property; and (5) The Entity, or its affiliates, is in noncompliance with the conditions or requirements of a City grant award or program. Donated property shall not be conveyed to an Entity until the Entity, or its affiliates, is in compliance with this section. An Entity, or its affiliates, shall have 30 days to comply with this section. If an Entity fails to comply with this section within such time period, the Entity's donated property request shall be deemed forfeited. (Ord. 2018-871-E , § 2; Ord. 2019-290-E , § 7; Ord. 2021-115-E , § 1; Ord. 2023-498-E , § 1)