Skip to code content (skip section selection)
Compare to:
Elyria Overview
Elyria, OH Code of Ordinances
Loading...
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.)
1107.09 ACCEPTANCE OF FORFEITED PROPERTIES (STATE OF OHIO) TO THE CITY.
   (a)   If any nonproductive property that has been forfeited to the State and selected by the City is advertised and offered for sale by the auditor, but no minimum bid is received, the City shall be deemed to have submitted the winning bid, and the property is deemed sold to the City for no consideration other than the fee of transferring and recording of deeds. The auditor shall deliver to the City a certificate of sale.
   (b)   On the returning of the certificate of sale to the auditor, the auditor shall execute and file for recording a deed conveying title to the selected nonproductive property and, once the deed has been recorded, deliver it to the City. At the time of the sale, the auditor shall collect and the City shall pay the fee required by law for transferring and recording of deeds.
(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.)
1107.10 REMOVAL OF TAXES ON LAND CONVEYED TO THE CITY.
   (a)   When the City purchases or otherwise acquires nonproductive property, the County Auditor shall remove from the tax lists and duplicates all taxes, assessments, charges, penalties, and interest that are due and payable on the property at the time of the sale.
   (b)   The County Auditor shall certify to the City a record of all of the taxes, assessments, charges, interest, and penalties that were due on the parcel at the time of the sale; the taxing districts to which they were owed; and the proportion of the amount that was owed to each taxing district. The certification shall be used in distributing the proceeds upon the subsequent sale of the property.
(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.)
1107.11 SALE OF PROPERTY(S).
   (a)   The City may, without competitive bidding, sell any property acquired by it as a part of its land reutilization program at such times, to such persons, and upon such terms and conditions, and subject to such restrictions and covenants as it deems necessary or appropriate to assure the properties effective reutilization. Such property shall be sold at not less than its fair market value. However, upon the approval of the legislative authorities of those taxing districts entitled to share in the proceeds from the sale thereof, the City may either retain such property for devotion by it to public use, or sell, or lease or otherwise transfer any such property to another political subdivision for the devotion to public use by such political subdivision for a consideration less than fair market value.
   (b)   Whenever the City sells any property acquired as part of its land reutilization program for an amount equal to or greater than fair market value, it shall execute and deliver all agreements and instruments incident thereto. The City may execute and deliver all agreements and instruments without procuring any approval, consent, conveyance, or other instrument from any other person or entity, including the other taxing districts entitled to share in the proceeds from the sale thereof. The City may, for purposes of property disposition, consolidate, assemble, or subdivide individual parcels of property acquired as part of its 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.)
1107.12 DISTRIBUTION OF PROCEEDS.
   When the City sells any property acquired as a part of its land reutilization program, the proceeds from such sale shall be applied and distributed in the following order:
   (a)   To the City in reimbursement of its expenses incurred through the acquisition, administration, management, maintenance, rehabilitation and disposition of such property;
   (b)   To the County Treasurer to reimburse the taxing districts to which the County Auditor charged the costs of foreclosure or costs of forfeiture;
   (c)   To the County Treasurer for distribution to the taxing districts charged costs; and
   (d)   The balance, if any, will be retained by the City for application to the payment of costs and expenses of its 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.)
Loading...