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Elyria, OH Code of Ordinances
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1107.02 NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMMITTEE.
   There is hereby established the Neighborhood Stabilization Program (NSP) Committee consisting of the Director of Community Development, the Assistant Director of Community Development, the City Law Director or his designee, and Gerald Klein or his successor to implement the NSP.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.03 ACQUISITION PROCEDURES - TAX FORECLOSURES AND FORFEITED PROPERTY.
   (a)   The Lorain County Auditor and/or Lorain County Prosecutor will forward a list of tax delinquent and/or forfeited property(s) to the electing subdivision (City of Elyria), care of the Office of Community Development Director.
   (b)   The Office of Community Development will evaluate, review, select and recommend real property to be acquired by the City.
   (c)   The Office of Community Development will forward to the City's Law Department, care of the Law Director, a list of such real property(s) recommended to be acquired.
   (d)   The City's Law Department will notify the Lorain County Auditor and Lorain County Prosecutor in writing of the City's property selection(s) per Ohio R.C. Chapter 5722.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.04 ACQUISITION PROCEDURES UTILIZING NEIGHBORHOOD STABILIZATION PROGRAM FUNDS TO PURCHASE FORECLOSED UPON OR ABANDONED REAL PROPERTY(S) EXCLUDING SHERIFF'S SALE.
   (a)   The NSP Committee, with assistance from other City departments, will routinely research foreclosed properties or abandoned properties within the City's corporate boundaries.
   (b)   The NSP Committee will evaluate, review, select and determine property to be acquired by the City pursuant to the Land Reutilization Program and NSP.
   (c)   The NSP Committee will perform exterior and interior inspections of each property to determine each property's designation as a rehabilitation or demolition activity.
   (d)   The NSP Committee will negotiate purchase prices and purchase agreements up to ninety-nine percent of the Fair Market Value and in accordance to NSP Guidelines and Regulations for property subject to City Council's approval.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.05 ACQUISITION PROCEDURES UTILIZING NEIGHBORHOOD STABILIZATION PROGRAM FUNDS SHERIFF'S SALES.
   (a)   The NSP Committee will routinely research the Lorain County Sheriff's Sale agendas for properties within the City's corporate boundaries.
   (b)   The NSP Committee will evaluate, review and select properties to be acquired through Sheriff's Sales.
   (c)   The NSP Committee will perform exterior and interior (if possible) inspections of each property to determine each property's designation as a rehabilitation or demolition activity.
   (d)   A member of the NSP Committee will attend and bid on selected properties at each applicable Sheriff's Sale. The minimum bid at Sheriff's Sale is two-thirds of the Fair Market Value. The City's maximum bid shall not exceed ninety-nine percent of the Fair Market Value in accordance to NSP Guidelines and Regulations.
   (e)   The NSP Committee is hereby authorized to bid on and purchase those properties eligible under NSP Guidelines pursuant to the terms and conditions provided herein.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.06 DUTIES AND ADMINISTRATION.
   The City shall assume possession and control of any nonproductive property acquired as a part of its land reutilization program through its Office of Community Development. The City shall hold and administer such property in a governmental capacity for the benefit of itself. In its administration of such nonproductive property as a part of a land reutilization program, the City shall, through the Office of Community Development:
   (a)   Manage, maintain, and protect, or temporarily use for a public purpose such property in such manner as it deems appropriate;
   (b)   Compile and maintain a written inventory of all such property. The inventory shall be available for public inspection and distribution at all times;
   (c)   Study, analyze, and evaluate potential, present, and future uses for such property which would provide for the effective reutilization of the nonproductive property;
   (d)   Plan for, and use its best efforts to consummate, the sale or other disposition of such property at such times and upon such terms and conditions as it deems appropriate to the fulfillment of the purposes and objectives of its land reutilization program; and
   (e)   Establish and maintain records and accounts reflecting all transactions, expenditures, and revenues relating to its land reutilization program, including separate itemizations of all transactions, expenditures, and revenues concerning each individual parcel of real property acquired as a part of the land reutilization program.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.07 TAXING DISTRICTS.
   The City shall keep all taxing districts having an interest in the taxes, assessments, charges, interest, and penalties on the real property acquired as part of the land reutilization program informed concerning the administration of its land reutilization program and shall establish a committee comprised of a representative from each such taxing district. Each member of the committee shall be appointed by the taxing district he or she represents. A representative may be an employee of the taxing district. The committee shall meet at least quarterly to review the operations of the land reutilization program.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
1107.08 SALE OF NONPRODUCTIVE TAX-FORECLOSED PROPERTIES TO THE CITY.
   (a)   If any nonproductive property selected by the City is advertised and offered for sale at two sales but is not sold for want of a minimum bid, the City shall be deemed to have submitted the winning bid at the second sale for the property, and the property is deemed sold to the City for no consideration other than the fee of transferring and recording of deeds.
   (b)   Upon the filing of the entry of confirmation of sale, the officer conducting the sale shall execute and file for recording a deed conveying title to the property and, once the deed has been recorded, deliver the deed to the City. Title to the property is incontestable in the City and free and clear of all liens and encumbrances. At the time of the sale, the officer shall collect and the City shall pay the fee required by law for transferring and recording of deeds.
   (c)   For the purposes of the Neighborhood Stabilization Program (NSP), the Land Reutilization Program will operate in a specific, defined geographic area. The City's geographic area will be defined as its corporate boundaries, inclusive of its seven wards. It will purchase properties that have been abandoned or foreclosed upon and maintain, assemble, facilitate redevelopment of, market, sell and dispose of the acquired properties to persons at or below 120 percent of LMI. Other restrictions and requirements apply concerning twenty-five percent of land-banked properties purchased using NSP funds which must be sold to persons at or below fifty percent LMI.
(Ord. 2009-58. Passed 2-2-09; Ord. 2009-84. Passed 3-16-09; Ord. 2009-147. Passed 6-1-09; Ord. 2009-179. Passed 8-3-09.)
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