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CROSS REFERENCES

Duties of Commissioner of Relocation and Property Management, CO 137.12

Workable Program for Community Improvements, CO 311.04

Determination of slum and blight, CO 313.02

Public hearing for community development plan; notice, CO 315.02 et seq.

Community development plan filed with Clerk of Council for public inspection, CO 317.01

Amending community development plan, CO Ch 319

Evaluation of relocation payments for community development project, CO 321.05

Rehabilitation and location housing for community development project, CO 321.16

Project agreement for community development to prevent recurrence of slum and deterioration, CO 321.17

323.01     Neighborhood Conservation Plan

When the Department of Community Development, as a result of investigation and study, at the request of the Mayor or Council, or upon its own initiative finds that there exists an area of the City which meets the criteria set forth in Section 323.02, it shall prepare with the assistance of the Planning Commission, a plan for that "Neighborhood Conservation Area" which shall be designated "Neighborhood Conservation Plan".
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.02     Criteria for Designation as Neighborhood Conservation Area

An area may qualify for designation as a neighborhood conservation area if the following requirements are met:

(a) A preponderance of the structures in the area must be in violation in at least one instance of the provisions of these Codified Ordinances relating to housing or building, which violation is determined by the Commissioner of Housing or the Commissioner of Building to be a major structural, electrical, heating or plumbing violation, or must be in violation in at least three instances of the provisions of these Codified Ordinances relating to housing, building or sanitation;

(b) At least sixty-five percent of the structures in the area must be residential in nature; and

(c) The area shall be an area in which the deteriorated conditions can be alleviated by a plan the predominant feature of which is rehabilitation.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.03     Contents of Neighborhood Conservation Plan

A neighborhood conservation plan adopted pursuant to the provisions of the Charter and these Codified Ordinances may include limited acquisition and clearance, planning services relevant to rehabilitation and conservation and the provision for direct or indirect financing of such rehabilitation and conservation or any combination or part thereof, and shall include a land use plan showing thoroughfares and rights of way, location, character and extent of public and private land ownership, institutional or occupational public uses, use and occupancy purposes within the area, including any contemplated public housing.

The plan shall designate the area of rehabilitation and conservation as may be proposed to be carried out in the plan, including a statement of methods and standards under which it is to be accomplished and the necessary conditions to be applied in order to extend the rehabilitation and conservation by the owners of existing properties, and a statement of the special conditions under which properties may be acquired. The plan or its supporting documentation shall include a statement of the relationship of the plan to definite objectives of the City respecting appropriate land uses, improved traffic and transportation, public utilities, recreational and community facilities and other public improvements.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.04     Rehabilitation and Conservation Defined

"Rehabilitation" and "conservation", as used in this chapter, may include but shall not be limited to the restoration and renewal of an area or individual structures within an area or by carrying out plans for a program of repair and rehabilitation of buildings or other improvements, including the direct or indirect financing of the restoration or renewal, and the limited purchase repair and rehabilitation for guidance purposes and resale, and the purchase, rehabilitation, repair and retention for rental purposes or resale, and the purchase and resale for rehabilitation purposes by the City of structures located in the neighborhood conservation area which, under the plan, are to be repaired or rehabilitated for dwelling use or related facilities.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.05     Conformity of Neighborhood Conservation Plan to General Plan and Workable Program

The neighborhood conservation plan for such neighborhood conservation area shall conform to the general plan of Cleveland as adopted by official action of the Planning Commission pursuant to Charter Section 76-2 and as the general plan may be amended from time to time by the Commission, and to the general development plan for the district of the City within which the neighborhood conservation area lies.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.06     Provision to Prevent Recurrence of Substandard Housing, Building and Sanitary Conditions and Discrimination

The neighborhood conservation plan shall include provisions that every contract for the sale, lease, use, rehabilitation or redevelopment of the property within such area shall contain such restrictions and conditions as are deemed necessary to prevent a recurrence of blighted or substandard areas, provided that no such restriction shall be based upon race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status, shall indicate what covenants, restrictions and conditions of such contracts shall be covenants running with the land and shall provide appropriate remedies for any breach of the covenants or conditions.
(Ord. No. 77-94. Passed 3-14-94, eff. 3-23-94)

323.07     Relocation of Displaced Families

The Division of Relocation and Property Management shall prepare, for presentation and acceptance with the neighborhood conservation plan, a statement of a feasible method for the relocation of families displaced from the area, and that there are or are being provided, in the area or other areas not less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families to be displaced from the development area, decent, safe and sanitary dwellings for such displaced families, which displacement shall be carried out with a minimum of hardship to site occupants.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.08     Adoption of Plan

The Department of Community Development in conjunction with the Planning Commission after at least one public hearing held pursuant to the provisions of the Charter and these Codified Ordinances, shall adopt the neighborhood conservation plan for the area described therein.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.09     Public Hearing Required Before Plan Adopted

Prior to the adoption of a neighborhood conservation plan prepared pursuant to the provisions of the Charter and these Codified Ordinances, the Department of Community Development shall hold at least one public hearing at which any persons or organizations desiring to be heard will be afforded an opportunity to be heard on the proposed neighborhood conservation plan. The public hearing may be adjourned from time to time without further notice.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.10     Notice of Hearing

The Department of Community Development shall give notice of the public hearing required in this chapter once a week for two consecutive weeks in the City Record and in at least one newspaper of general circulation in the locality or in such additional manner as may be required, by regulation of the agency of the Federal government concerned therewith, when Federal financial assistance is required, which publication shall be commenced not less than fourteen days prior to the proposed hearing. However, within the proposed neighborhood conservation area in the instance of a parcel of land specifically designated for treatment, which treatment may include but not be limited to land acquisition, demolition or redevelopment of structures, site improvements or any combination thereof, a notice for the hearing shall be mailed to the last known owner of the parcel of land or to the last known address of such owners as shown by the records of the County Auditor not less than the ten days prior to the public hearing.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.11     Contents of Notice

The notice published or mailed pursuant to the provisions of this chapter shall:

(a) Identify the public body which will hold the hearing and which will undertake the project;

(b) State the date, time and place of the hearing;

(c) Identify the project area;

(d) State the purpose of the hearing;

(e) State that the required documents comprising the neighborhood conservation plan and the relocation program are available for examination at the place as designated in the notice;

(f) State that any persons or organization desiring to be heard will be afforded an opportunity to be heard.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.12     Filing of Plan with Clerk of Council for Public Inspection

The neighborhood conservation plan adopted pursuant to the provisions of the Charter and these Codified Ordinances shall be deposited with Council to be received as a matter of permanent record, and filed with the Clerk of Council to be made available for public inspection and information.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.13     Contents of Ordinance to Approve Plan

Before the neighborhood conservation plan for any area shall become effective Council by ordinance shall approve the plan. The ordinance approving the plan submitted by the Department of Community Development shall include a finding and determination that the plan has been adopted in compliance with the provisions of Sections 323.08 to 323.11; is in conformity with the general plan of the City and the workable program for community improvement for the elimination and prevention of slums and blight and with the requirements of Section 323.01 to 323.07; that the plan will afford maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation, conservation or redevelopment of the neighborhood conservation area by private enterprise; that the financial aid, if any, to be provided by the Federal government is necessary to the execution of the plan; that the plan gives due consideration to the provision of adequate park and recreational area and facilities, as may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plan and that if Federal financial assistance is required, such other findings by that agency of the Federal government concerned therewith.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.14     Approval by Council is Authority for Expenditures

A duly enacted ordinance of Council approving the plan submitted by the Department of Community Development in its original form or as amended by Council, shall constitute the authority to expend general tax revenues, appropriated for such purpose, the proceeds of bonds and notes authorized and issued for such purpose and accept gifts, donations and grants from the Federal government, the State, other public bodies or from any other entity or person.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.15     Amendment Authority of the Department of Community Development

The Department of Community Development may amend, modify or change any neighborhood conservation plan at any time; provided that such amendment, modification or change is approved by Council, and provided that the plan may not be amended with respect to any land previously conveyed by the City without the consent of the property owner thereto.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.16     Amendment Authority of Council

Council may amend, modify or change any neighborhood conservation plan at any time provided that all applicable Charter provisions shall be complied with, and provided that the plan may not be amended with respect to any land previously conveyed by the City without the consent of the property owner thereto.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.17     When Public Hearing and Notice Required

When a neighborhood conservation plan is amended, modified or changed pursuant to the provisions of this chapter and if the boundaries of the area are extended, a public hearing shall be held after notice is published or mailed, in the same manner as for the original hearing, to property owners not previously notified, and if a new type of development activity is added which requires the acquisition of property, a public hearing shall be held after notice by publication in the same manner as for the original hearing.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)

323.18     Administration of Neighborhood Conservation Plan

Such plan shall be administered, where applicable, as set forth in Sections 321.01 to 321.09 and the officers and employees of the City charged with the responsibilities, duties and authority to carry out community development plans shall have the same authority, responsibilities and duties in administering a neighborhood conservation plan.
(Ord. No. 1426-75. Passed 6-23-75, eff. 6-26-75)