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The service charge in lieu of taxes as determined under the article shall be payable in the same manner as general property taxes are payable to the city except that the annual payment will be paid on or before June 30 of the year following the calendar year upon which such service charge is calculated and shall be distributed to the several units levying ad valorem property taxes in the same proportion as for said taxes. Failure to pay the service charge on or before June 30 of each year shall result in the service charge being subject to 1% interest per month until paid. If any amount of the annual service charge or accrued interest shall remain unpaid as of December 31 of any year, the amount unpaid shall be a lien upon the real property constituting the housing rehabilitation project upon the City Treasurer filing a certificate of non-payment of the service charge, together with an affidavit of proof of service of the certificate of non-payment upon the sponsor with the Eaton County Register of Deeds, and proceedings may then be had to enforce the lien as provided by law for the foreclosure of tax liens upon real property.
(Ord. 2022-09, passed 1-3-2023)
This article shall remain in effect and shall not terminate so long as the housing development project continues to be used for low income persons as provided in this article, but not to exceed 30 years; provided, however, if construction of the housing rehabilitation project does not commence within one year of the adoption date of this article, or if the sponsor materially changes the scope or purpose of the housing rehabilitation project without the consent of the city, by and through its representatives, and in accordance with the requirements of law, this article shall automatically expire, terminate and be of no further effect.
(Ord. 2022-09, passed 1-3-2023)
The various sections and provisions of this article shall be deemed to be severable, and should any section or provision of this article be declared by any court of competent jurisdiction to be unconstitutional or invalid the same shall not affect the validity of the article as a whole or any section or provision of this article other than the section or provision so declared to be unconstitutional or invalid. It is hereby amplified that it is the city's intent to accept a payment in lieu of taxes only for the purpose of the rehabilitation of qualifying affordable family housing. If the property is ever used for another purpose, or if this article is unacceptable to any state agencies, this article is declared null and void.
(Ord. 2022-09, passed 1-3-2023)