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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART IIIA: LAND USE CODE - PLANNING AND HOUSING
PART IIIB: LAND USE CODE - ZONING CODE
PART IIIC: LAND USE CODE - HOUSING CODE
PART IIID: LAND USE CODE - FIRE PREVENTION CODE
PART IIIE: LAND USE CODE - BUILDING CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 321.12 Project Agreements
   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)
§ 321.13 Advertisement for Bids
   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 (2) 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)
§ 321.14 Contents of Advertisement
   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 or she 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)
§ 321.15 Basis of Award of Bid
   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)
§ 321.16 Rehabilitation and Relocation Housing
   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 (2) 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)
§ 321.17 Contents of Project Agreement
   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, gender identity or expression, 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. 1445-13. Passed 11-17-14, eff. 11-19-14)
§ 321.18 Conveyance of Premises
   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 (2) 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)
§ 321.19 Project Agreement for Sites Not Acquired
   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)
§ 321.20 Ratification of Prior Proceedings
   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)