Sec. 8-156. - Establishment of program.

The low-income housing development program is hereby established.

(Code 1968, § 33A-20)

Sec. 8-157. - Catalog of parcels for new construction of low-income housing.

The real estate and housing department, in conjunction with the planning department and the department of licenses and inspections shall compile and maintain a catalog of vacant lots, from the catalog of properties compiled pursuant to section 8-102, owned by the city which the real estate and housing department shall determine to be parcels that can be utilized for new construction of low-income housing by private developers. For purposes of this article, low-income housing shall be defined as that term is defined by the most current regulations and guidelines of the U.S. Department of Housing and Urban Development for the area of the city.

(Code 1968, § 33A-21; Ord. No. 92-053(sub 1), § 1(k), 7-2-92)

Sec. 8-158. - Approval of disposition of cataloged parcels for low-income housing.

The council, upon recommendation of the mayor, shall by resolution approve the parcels cataloged under section 8-517 for disposition for the public purpose of improving the supply of low-income housing in accordance with the low-income housing program and not as a sale of surplus land under chapter 2, article VI, division 7 of this Code.

(Code 1968, § 33A-22)

Sec. 8-159. - Offer of property to qualified applicants on conditional deed basis.

Low-income housing program property may be offered to qualified applicants at no initial cost on a conditional deed basis; provided, that the applicant:

(1)

Proves financial and construction ability to construct one or more units of low-income housing.

(2)

Does not have, either individually or as a member, partner, or officer of any partnership, association, corporation, or other entity any unpaid water and sewer charges, any unpaid real property taxes, any unpaid wage taxes, or any other indebtedness due and owing to the city.

(3)

Does not own or have control of, either individually or as a member, partner, or officer of any partnership, association, corporation, or other entity more than three vacant and unoccupied buildings, or more than three vacant lots which have been cited for violations of this Code.

(4)

Has contractually agreed to construct low-income housing on the parcel(s) assigned to him and further agrees to:

a.

Complete construction of low-income housing units on the assigned parcel, in compliance with Code standards, within 18 months after assignment of the parcels to him;

b.

Permit periodic inspections by the department of licenses and inspections for a determination by that department of whether reasonable, satisfactory progress is being made by the applicant in constructing on the parcel assigned to him;

c.

Surrender and quit the assigned parcel in a condition at least equal to that when first assigned upon 30 days' notice by the department of licenses and inspections when, as a result of a periodic inspection, the department determines that the applicant has become unable or unwilling to proceed reasonably or satisfactorily toward fulfilling the objectives and conditions of this section;

d.

Sell or rent for low-income housing the dwellings on the parcel assigned to him or her for a period of not less than ten years;

e.

During the period allowed for fulfillment of the conditions set forth in subsections (1) and (4) of this section, pay all property taxes and assessments before the same become delinquent, maintain fire and extended coverage insurance as required on the premises, with vandalism and malicious mischief coverage, and fully comply with the obligations of any loan made to the grantee by a lending institution or by a nonprofit corporation or agency, public or private to assist in financing the construction of the low-income housing; and

f.

Agree that, if the property must be surrendered under the provisions of this section, the city shall not be held liable for any costs expended in the construction of the dwellings and further agree that the city will be held harmless for any injury or damage caused as a result of any violations of the building or housing codes.

(Code 1968, § 33A-23)

Sec. 8-160. - Execution of conditional deed.

Upon the approval of an applicant, the city, acting through the mayor and city clerk, shall convey to such applicant by deed in proper form for recording the fee simple title to the parcel assigned to such applicant, which deed shall be expressly subject to the conditions set forth in section 8-159(2) and to the right reserved to the city, if the grantee therein should breach any of such conditions, to enter upon such parcel and to terminate the estate of the grantee therein with reversion of title to the city as though such conveyance to the grantee had never been made; provided, that if any such grantee shall have fulfilled the conditions set forth in section 8-159(2), the city, acting through the mayor and city clerk, shall promptly execute and record in the office for the recorder of deeds in and for the county a document releasing to such grantee all right of entry, termination and reverter reserved to the city in such parcel.

(Code 1968, § 33A-24)

Sec. 8-161. - Execution of all documents necessary to convey fee simple title.

If any lending institution or any nonprofit corporation or agency, public or private, shall make any loan to any low-income housing grantee to finance in whole or in part any construction of low-income housing on the parcel assigned to such grantee, any mortgage securing such loan or any judgment lien for the principal amount owing on such loan, together with interest, costs, counsel fee or other sums reasonably secured thereby, shall have full priority over all conditions set forth in the deed of conveyance by the city to such low-income housing grantee and over any right of entry, termination or reverter reserved to the city therein and such conditions, right of entry, termination and reverter are hereby made subordinate to the lien of any such mortgage or judgment.

(Code 1968, § 33A-25)

Secs. 8-162—8-185. - Reserved.