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Home My Public Portal About021-1986 - ORDINANCE ESTABLISHING PURSUANT IC 36-7-17 AN URBAN HOMESTEAD PROGRAM AND DESIGNATING THE DEPARTMENT OF PLANNINGAMENDED ORDINANCE NO. 21-1986 AN ORDINANCE ESTABLISHING, PURSUANT IC 36-7-17, AN URBAN HOMESTEAD PROGRAM AND DESIGNATING THE DEPARTMENT OF PLANNING, PERMITS AND INSPECTIONS AS THE AGENCY AUTHORIZED TO ADMINISTER SAID PROGRAM. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That the Department of Planning, Permits and Inspections (hereinafter referred to in this Ordinance as Department) is hereby designated as the Agency empowered and authorized to administer an Urban Homestead Program under which family dwellings for one (1) through four (4) families may be conveyed to individuals or families, who must occupy and rehabilitate the dwellings. SECTION 2. The Wayne County Auditor shall provide to the Department, pursuant to I.C. 6--1.1-24-4.5, a list of real property on which one (1) or more installments of taxes are delinquent. SECTION 3. The Department may acquire real property in the name of the City of Richmond, Indiana for use as provided in this Ordinance by purchase through tax sale, by gift or by outright purchase. Pursuant to I.C. 6-1.1-25-1 and I.C. 6-1.1-25-4, the Department may acquire the deed for real property purchased at tax sale ninety (90) days after the date of sale, after compliance with the notice provisions of I.C. 6--1. 1-25-6. SECTION 4. The ➢epartment shall, after the acquisition of real property for use as provided in this Ordinance, take the steps necessary to fully inform the residents of the City of Richmond, Indiana of: A. the existence, nature, and location of the dwelling; B. the qualifications required for participation in the program under this Ordinance; and, C. the terms and conditions on which the dwellings may be conveyed to qualified persons. SECTION 5. A person may apply for the Urban Homestead Program by completing a bid application. An applicant is qualified and shall be approved to receive real property offered under this Ordinance if he: A. is at least eighteen ( 18) years of age; B. possesses the financial resources to support a loan, the necessary skills to rehabilitate the property, or a combination of both; and, C. has, including immediate family, not previously participated in the Program. Immediate family shall be defined as any person living in the same household and related to the applicant including but not limited to a wife, son,, daughter, mother, father, brother or sister. D. is not an elected official of the City of Richmond, Indiana or an employee of the Department of Planning, Permits and Inspections. Approved applicants are entitled to receive a list of all properties owned by the City of Richmond that are available under this Ordinance. Approved applicants may apply for each dwelling in which they are interested. A drawing shall be held to determine those persons receiving the dwellings. Each approved applicant and his immediate family may receive one ( 1) dwelling in the drawing. SECTION 6. The conveyance of a dwelling to an applicant under this Ordinance shall be made in return for a fee which includes the total amount of City funds expended to acquire the property, to insure the property, to secure and stabilize the property and the total amount of payments in lieu of taxes during the time the applicant resides in the dwelling and the property is held in the City's name [of one dollar ($1.00) or more] and the execution by the applicant of an agreement with the following minimum conditions: A. The applicant must reside in the dwelling as his principal place of residence for a period of not less than three (3) years. B. The applicant must bring the residence up to a minimum code standard, including buildings, plumbing, electrical, and fire code standards, within twelve (12) months after possession, or before possession if required under Subsection D. C. The applicant must carry fire and liability insurance on the dwelling at all times. D. The applicant must comply with any additional terms, conditions, and requirements that the Department may impose to assure that the purposes of this Ordinance are carried out. This may include the requirement that the dwelling be rehabilitated to minimum building code standards before possession. SECTION 7. The Department shall convey the real property acquired for the purposes of this Ordinance to those persons qualified under Section 6 of this chapter by using the methods prescribed by Subsection A or Subsection B. A. The real property may be conveyed by conditional sales contract, with title to remain in the City of Richmond for a period of at least one ( 1) year. B. The title to real property may be conveyed to the purchaser as a determinable fee, with the language of the granting clause in the deed of conveyance to include the language, "The property is conveyed on the conditions that the purchaser: (1) will reside in the dwelling as his principal place of residence for a period of not less than three (3) years; (2) will bring the residence up to minimum code standards in twelve ( 12) months; (3) will carry adequate fire and liability insurance on the dwelling at all times. SECTION 8. Before the vesting of a fee simple title in the purchaser, any material failure by the purchaser to carry out the agreement entered into under Section 6 of this Ordinance nullifies the agreement and all right, title, and interest in the property immediately reverts to the City of Richmond, except that the Department may grant the purchaser a specified period, not to exceed two (2) years, to come into compliance with the terms of the agreement. The Department may subordinate its interest under the terms of the agreement to financial institutions or persons lending money to the purchaser for the purpose of allowing the purchaser to fulfill the terms of the conveyance. SECTION 3. After the purchaser has resided in the dwelling for the required three (3) year period, brought the property into compliance with the required code standards, and otherwise complied with the terms of his agreement, the Department shall convey to him a fee simple title to the property. SECTION 10. The Director of the Department shall prescribe the rules and regulations necessary to carry out this Ordinance, including rules and regulations establishing standards and methods for inspection of buildings, bidding for properties by applicants and measurement of rehabilitation progress. SECTION 11. Property acquired or held under this Ordinance with retention of the deed by the City of Richmond is considered property of the City held for municipal purposes and is exempt from property taxation. This property tax exemption becomes effective on the date of conveyance to the City. A petition to cancel taxes or a certified application for exemption is not required for property acquired or held under this Ordinance. SECTION 12. Any property for which no one applies in two (2) successive drawings held under this Ordinance may be sold at public auction to the highest bidder. SECTION 13. This Ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this day of `%J')�, 1986. LL& President of Common Council ATTEST: Idj�t_ Gr`i9Oiitt_/�GG4�> City Cle r��// PRESENTED by me to the Mayor of the City of Richmond, Indiana this�day of `7-04A6 , 1986. { / /C!2� City Cle k APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this day of yy, ra r_ 1986. Mayor ATTEST: City Cleft DISPOSITION OF ORDINANCE NO,.2/-i98 RESOLUTION NO. -198 by Common Council JUPC I NANCE NO. I RESOLUTION NO. _ ELSTRO WILLIAM$ BROOKBANK HANKINSON VHITISELL PARKER HUTTON MORAIS�BOOIKER 'DATE 3 3 17t, Susp.Tui " 1st read L Title only 41/ Proof of Publication ....... Seconded .... Move to Zn-d —reading ....................... Second ..... .................. ....... Engrossment . ........................ Seconded "-A-0c SuSP. rules 3rd Reading Uekla,K't-�, , ........................ t.� .... ......................... Seconded uwtc Passage OR......./ Rejection DATE PASSED; 7-7— COMMITTEE ASSIGNMENTS: 8.1 Cormittee — Date— Counittee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: 6'e-"et d 5-1-6-1 r (- C. Ck L' fL NI'S : CITE' OF RICHMOND COUNCIL OF RICy HOWARD J. ELSTRO �p SO NORTH FIFTH STREET 1ST DISTRICT u 'L d RICHMOND, INDIANA 47374 MARION WILLIAMS 2ND DISTRICT * , * TELEPHONE (317) 966-5561 JANE R. BROOIK2ANK 3Rb DISTRICT NDIANP Jim H. HANKINSON 4TH DISTRICT TERRY G. WHITESELL 5TH DISTRICT LARRY L. PARKER STH DISTRICT AT LARGE RICHARD W. BODIKER Sarah-L. Hutton LYNN NEPOTE MORR35 MEMO TO: All Council Members FROM: Terry Whitesell REGARDING: Ordinance No. 21-1986 Mr. Dooley has requested Ordinance No. 21-1986 be held on second reading for the April 21, 1986 meeting of the Common Council. This will allow ample time for all information to be complete on the Homestead Ordinance.