Money to help build extra rental units

(Reserved)(Reserved)(Reserved)(Reserved)(Reserved)(Reserved)Additional Rental Unit (ARU) Subsidy; Purpose. There is hereby established and created an account to be known as the "Additional Rental Unit (ARU) Subsidy" within the Housing Development Fund (Fund No. 512) for the purpose of subsidizing efforts associated with the Facilities Reserve Charge (FRC).Administration. The County Housing Agency shall certify an applicant's qualification to receive an Additional Rental Unit (ARU) Subsidy. Applications for an ARU Subsidy shall be processed on a first come, first served basis, subject to funding availability. Copies of all ARU Subsidy Applications, regardless of affordability certification result, shall be provided to the Planning Department, the Public Works Department-Wastewater Division, and the Public Works Department-Building Division prior to any waiver of fees.Appropriation of Funds. An appropriation of $113,200 from the Housing Development Fund shall be set aside to assist property owners with efforts associated with the Facilities Reserve Charge. Annual appropriations from the Housing Development Fund shall be subject to Council approval. Any balance remaining in the Additional Rental Unit (ARU) Subsidy account at the end of any fiscal year shall not lapse. The moneys in the Additional Rental Unit (ARU) Subsidy account shall not be used for any purpose except those listed in this section. Any violation of the affordable housing restrictions required by the Housing Agency may result in an ARU Subsidy Repayment as follows:Number of days in Affordable Rental ProgramPercent of ARU Subsidy RepaymentLess than or equal to 365 days (1 year)100%Less than or equal to 730 days (2 years)75%Less than or equal to 1,095 days (3 years)50%Less than or equal to 1,460 days (4 years)25%Less than or equal to 1,825 days (5 years)10%Repayment. The ARU Subsidy Repayment constitutes a lien upon the real property in which the ARU is situated. The lien may be recorded in the appropriate land record system. After any failure to pay the amount due, the lien may be enforced by any legal action, including foreclosure proceedings. In the event legal action is instituted for collection, the County shall be reimbursed for all costs of collection including reasonable attorneys' fees.Rules and Regulations. The Kaua'i County Housing Agency is hereby authorized and directed to promulgate rules and regulations as may be necessary to implement subsection 8 30.1(g) within 12 months from approval of this Ordinance.Preemption. Nothing in this section shall be construed to preempt or prohibit the authority in any other provision of the Kaua'i County Code 1987, as amended.; Ord. No. 1059, November 12, 2019; Ord. No. 1133, October 6, 2022)[1]Editor's note: Former subsections 8-30.1(a) through (f) were derived from Ord. No. 1026, adopted March 19, 2018. Pursuant to a five-year sunset provision, these subsections expired on March 19, 2023, and have been removed.