CROSS REFERENCES
Duties of Director of Community Development, CO 137.02
Duties of Commissioner of Rehabilitation and Conservation, CO 137.10
Duties of Commissioner of Relocation and Property Management, CO 137.12
Council's approval of community development plan is authority for expenditures, CO 317.03
Enforcement of standards and controls in plan, CO 317.04
Neighborhood conservation area designation, CO 323.02
Neighborhood conservation plan to prevent recurrence of substandard conditions, CO 323.06
The Department of Community Development is hereby designated the local public agency, for the purpose of exercising the powers of the City relating to urban redevelopment, renewal, development, rehabilitation and conservation, not required by the Charter or these Codified Ordinances to be exercised by Council or by any other officer, office or department of the City, necessary to be exercised in the performance of any obligation assumed pursuant to an agreement with the Federal government, or any other public or private agency, for the elimination of slums and the renewal and prevention of conditions of blight or deterioration within the City.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
The Department of Community Development shall administer the plan adopted and approved as provided in the Charter and these Codified Ordinances. If the ordinance approving the plan finds that assistance of the Federal government or other public agency is necessary to enable the project to be undertaken, including, but not limited to, the financing of the costs of acquisition, clearance and site improvement of the land within the development area in accordance with the plan, the Director of Community Development shall have authority to make application to such agency for financial assistance and to do and perform such things and acts as may be necessary for such purposes.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When the Director of Community Development determines the necessity of establishing a field office within a project area, he may, notwithstanding the provisions of other sections of these Codified Ordinances, and as an exception thereto, enter into a rental agreement for such purpose for a period not exceeding 120 days and not subject to renewal in an amount not in excess of five hundred dollars ($500.00) for such period, the cost of which shall be charged against the community development project for the area.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
It is hereby determined that in the planning or execution of a community development project it is necessary to obtain appraisals of land values, title services and other professional services to ascertain ownership of land, to prepare and make sites available for redevelopment or rehabilitation and negotiations to purchase lands in community development project areas. The Director of Community Development is hereby authorized and directed to enter into one or more written contracts for the employment of one or more persons or firms for the purpose of furnishing professional appraisal, re-use appraisal, title services and such other professional services necessary to make sites available for redevelopment or rehabilitation not directly connected with the acquisition of land. The Director of Law is hereby authorized and directed under the same terms and conditions to enter into one or more written contracts for the employment of one or more persons or firms for the purpose of furnishing appraisal, title and negotiating services for the purchase of land in a community development area.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When in the administration of a community development project in which relocation payments are to be made and when the total of the actual moving expenses incurred or to be incurred by an eligible business concern is in excess of, or estimated to be in excess of, three thousand dollars ($3,000) by the Commissioner of Relocation and Property Management or when a direct loss claim is made by the business concern, the Director of Community Development may enter into one or more written contracts for the employment of one or more persons or firms for the purpose of furnishing professional services that cannot be supplied by the regularly employed personnel of the City, to provide competent, technical evaluation of the claim for relocation payments or of direct loss of property.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
The Commissioner of Relocation and Property Management is authorized to deduct delinquent rent from any relocation benefit or payment due in the implementation of a property management and relocation plan for a community development project or a rehabilitation project.
(Ord. No. 815-75. Passed 6-30-75, eff. 7-5-75)
The selection of the persons or firms to be employed, pursuant to the provisions of Sections 321.04 and 321.05 shall be made by the Board of Control, from a list of qualified persons or firms available for such employment, as may be determined after canvass by the appropriate director for purposes of compiling such a list. Contracts shall be prepared by the Director of Law, executed on behalf of the City by the authorized director and paid from the community development project account within which the property is located.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
It is hereby determined that the public improvement of the site clearance by the demolition of existing buildings and structures upon lands acquired, or in the process of being acquired, pursuant to the plan for the development, renewal, rehabilitation or conservation of an area in the City, shall be made by contract duly let to the lowest responsible bidder after competitive bidding for a gross price in accordance with the provisions of the Charter and these Codified Ordinances. More than one building, structure or premises may be included in the invitation to bid, and in such event, the bidder shall be asked to submit a proposal on each, all or any combination thereof. The specifications for such work shall provide that no building or structure shall be removed from the premises in whole or in substantially whole condition but shall be demolished on the premises, that the bidder shall furnish evidence of sufficient equipment and personnel for the speedy performance of the work, that the time for completion of the work shall be fixed by the City and that the City reserves the right to limit the number of contracts awarded to any one bidder in order to insure the speedy completion of the site clearance of any such area. The Director of Community Development is hereby authorized and directed to enter into such contracts as are awarded by the Board of Control in conformity herewith.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
Any building or structure within a community development area upon premises included in the program of acquisition by the City pursuant to a community development plan adopted and approved, which constitutes a hazard to the public health and safety by reason of noncompliance with the provisions of these Codified Ordinances relating to building and housing, or by reason of nonoccupancy, abandonment or otherwise shall be demolished in the manner prescribed in Section 321.08.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
Before proceeding to demolish any such building or structure as described in Section 321.09, the Department of Community Development shall attempt to secure the consent of the owner of such building or structure to such demolition, which shall be evidenced by an instrument in writing approved by the Director of Law. However, if such consent is not obtained, the facts shall be presented to Council for determination by Council that such building or structure constitutes a nuisance prejudicial to the public health and safety, requiring abatement thereof by the demolition of such building or structure, which demolition shall be accomplished as provided in Section 321.08.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
The cost and expense of demolition, pursuant to Sections 321.08 to 321.10, shall be paid out of the funds provided for the prosecution of the community development plan for the area involved.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When in the prosecution of a community development plan, adopted and approved in accordance with the Charter and these Codified Ordinances, the Director of Community Development determines that project agreements be entered into for the sale and redevelopment or rehabilitation of a site acquired or to be acquired within the community development area, the Director shall seek redevelopment or rehabilitation proposals, by direct negotiations, from persons or organizations desiring to redevelop or rehabilitate the site in conformity with the community development plan, or the Director shall seek competitive bids for such redevelopment or rehabilitation proposals.
(Ord. No. 435-71. Passed 5-10-71, eff. 5-17-71)
In the event that competitive bids for redevelopment or rehabilitation are to be sought pursuant to Section 321.12, the Commissioner of Purchases and Supplies, at the request of the Director of Community Development and at the direction of the Board of Control, shall advertise for bids for the redevelopment or rehabilitation of the specific site designated by the Director for two consecutive weeks in the City Record and such other times and in such other media as the Board, and in a Federally assisted project, as the United States government, may require.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
The advertisement required in Section 321.13 shall state that the bidder will agree to redevelop or rehabilitate the site in such manner as will best carry out the intention of the community development plan for such area, and shall require that the successful bidder shall enter into a project agreement with the City in which the bidder shall agree, in addition to such other terms and conditions as may be required by the Board of Control, and in Federally assisted projects, the agency of the United States government concerned therewith, to develop the land which he will purchase thereunder or rehabilitate the property acquired, for such uses only as permitted in the community development plan for the area. Such advertisement shall further specify a fixed price for the sale of the proposed site or shall leave the price for such sale a matter of competition between bidders, as determined by the Board. In no event, in Federally assisted projects, shall the price be less than the minimum fixed by re-use appraisal as approved by the agency of the United States government concerned therewith.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
The project agreement and the site concerned shall be awarded on the basis of the bid or the negotiated proposal by the Board of Control to the person or organization who in the opinion of the Board will best carry out the intent of the adopted and approved community development plan and which provides the best use of the redevelopment or rehabilitation site as contemplated by the plan, subject, however, to the review and approval by Council of any negotiated proposal prior to any such award by the Board, and in Federally assisted projects, subject to final approval by that agency of the United States government concerned therewith.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When in the prosecution of a community development plan, adopted and approved as provided in these Codified Ordinances, the Director of Community Development determines that properties acquired by the City, to be rehabilitated, or which have been rehabilitated, are needed to supply rental housing for persons or families displaced by governmental action in the City, such properties may be sold by direct sale to nonprofit corporations or such limited distribution entities to whom Federal financing or Federally insured financing would be available for the purposes hereof, at a price determined by the Board of Control to be the fair re-use value based on two independent re-use appraisals, subject however, to the review and approval by Council of any such sale prior to the authorization thereof by the Board, and in Federally assisted projects, concurred in by that agency of the Federal government concerned therewith. The conditions of sale, in addition to such other conditions required in Section 321.17, that the purchasers shall rehabilitate the structures so purchased to the rehabilitation standards of the community development plan, or if rehabilitated by the City shall be maintained to the standards, and shall be used for the primary purpose of supplying rental housing for persons or families displaced by governmental action in the City.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When authorized by the Board of Control as provided in Sections 321.15 and 321.16, the Director of Community Development shall enter into a project agreement for the sale and development or rehabilitation of sites in the community development project for and on behalf of the City, with the proposed purchaser, which agreement shall contain among other things such restrictions and covenants running with the land as set forth in the community development plan adopted and approved in accordance with Chapters 315 and 317, and which will prevent a recurrence of slum, blighted or deteriorating conditions, provided that no such restrictions shall be based upon race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status; shall provide appropriate remedies for any breach of the covenants or conditions; and shall be prepared by the Director of Law and contain such other conditions as may be required by the Board of Control and, in Federally assisted projects, by the United States government.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)
The premises set forth as the development or rehabilitation site in the project agreement shall, upon payment of the price negotiated, fixed or bid, which price shall be determined by the Board of Control to be the fair re-use value of the site based upon two independent re-use appraisals and, in Federally assisted projects, concurred in by the United States government, and after compliance with the terms of the project agreement which must be met prior to conveyance, be conveyed by official deed of the City, prepared by the Director of Law and executed by the Mayor, in conformity with the terms and conditions of the project agreement.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
When in the prosecution of a community development plan adopted and approved as provided in Chapters 315 and 317, it is determined by the Board of Control that it is necessary that project agreements be entered into for the redevelopment or rehabilitation of a site or sites located within a community development area, not yet acquired or not to be acquired by the City, the Department of Community Development shall proceed as follows:
(a) No permits for construction or rehabilitation of any structure on a site within such community development area shall be issued unless and until the owner thereof has entered into a project agreement with the City in which the owner shall agree, in addition to such other terms and conditions as may be required by the Board, and in Federally assisted projects, that agency of the United States government concerned therewith, to develop or rehabilitate the site for such uses only as are permitted in the community development plan for the area.
(b) The project agreement shall be executed by the Director of Community Development on behalf of the City pursuant to a resolution of the Board, which agreement shall be prepared by the Director of Law, and in Federally assisted projects, approved by that agency of the United States government concerned therewith.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)
Any and all proceedings heretofore had with reference to the determination of the existence of slum and blighted areas, and the administration of the procedures for the elimination of blight and slum conditions and the rehabilitation and conservation of deteriorated and deteriorating areas in order to prevent the recurrence or spread of such conditions of blight and deterioration, under act and pursuant to ordinances and resolutions previously enacted by Council, are hereby ratified, approved and confirmed. All obligations incurred by, and rights accruing to the former Department of Urban Renewal and Housing under authorization previously granted by Council shall be and are hereby assumed by and transferred to the Department of Community Development. All further proceedings relating to these and other pending matters concerning community development areas and community development plans and the redevelopment, rehabilitation and conservation programs within the areas and in the plans shall be governed by the applicable provisions of this chapter.
(Ord. No. 1492-66. Passed 12-12-66, eff. 12-14-66)