[Ord. No. 18-15, 11-27-2018]
This Article shall be entitled the Homestead Phase II Ordinance
for the City of Northwoods, Missouri. Any reference to the homestead
ordinance of the City shall be construed as referring to and including
this Article and any amendment thereto.
[Ord. No. 18-15, 11-27-2018]
The term "applicant" as used in this Article shall mean any
qualified person, whether male or female, who makes an application
under the terms hereof.
The words used in this Article shall be taken and construed
according to the dictionary definition of such words, provided that
where applicable the definition of terms in the Municipal Code of
the City shall apply to the language used here.
[Ord. No. 18-15, 11-27-2018]
The administration of the provisions of this Article shall be
assigned to the Homestead Board hereinafter created. Applications
hereunder shall be made to the Homestead Board which shall have the
responsibilities of carrying out the provisions of this Article.
[Ord. No. 18-15, 11-27-2018]
There is hereby established a Homestead Program for the City.
Buildings owned by the City but which remain unoccupied for reasons
of physical deterioration, location, or for any other reason shall
be subject to this program in accordance with the terms of this Article.
[Ord. No. 18-15, 11-27-2018]
A.
Any
resident of the City who is twenty (20) years old or over and is a
citizen of the United States shall be eligible to apply for and acquire
property under this Article. A non-resident of the City may apply
and be accepted, provided that he or she becomes a resident of the
City promptly after the application has been accepted and a conditional
deed issued to him or her as provided for in this Article. Applicants
can be first time home buyers and not part of any real estate investment
company or group. Such an applicant shall prove that he or she has
the ability to rehabilitate, repair or remodel the building concerned
in accordance with the terms of this Article; and that he or she has
financial ability to do so. An applicant must live in the property
for five (5) years. Applicants shall sign a form releasing the City
for liability for any claims, including claims of negligence.
B.
The
second phase of this program shall be to offer properties to current
general employees and other Police Officers of the City.
[Ord. No. 18-15, 11-27-2018]
A.
Any
applicant under this Article by making such application shall agree
to bring the parcel and building up to the standards required by the
Building Code and other ordinances within one (1) year after conditional
deed hereinafter referred to has been issued. Applicant has one (1)
year to bring up to standards with exceptions.
B.
In
the event that the applicant fails to bring the premises up to a satisfactory
condition within one (1) year of the time the conditional deed is
issued he or she shall quitclaim the property back to the City within
thirty (30) days after receipt of notice to do so. The conditional
deed heretofore issued shall be null and void upon such failure. Applicant
shall pay one dollar ($1.00) for the property.
[Ord. No. 18-15, 11-27-2018]
The Building Inspector shall inspect or cause to be inspected
all premises subject to this Article, from time to time, to observe
the progress being made. In connection with such inspection the Inspector
shall offer such advice and assistance as he or she deems necessary
to assist the applicant in compliance with the provisions of this
Article.
[Ord. No. 18-15, 11-27-2018]
Any property is sold "AS-IS." Premises subject to this Article
shall be occupied as single-family dwellings. The applicant shall
move into and occupy the premises as soon as they are fit for such
occupancy even though the reconstruction repair or rehabilitation
work is being continued during such occupancy only if the structure
is sound or approved by the Building Commissioner.
[Ord. No. 18-15, 11-27-2018]
Premises subject to this Article may not be sold or transferred
until they have been brought up to the standards required. Provided
that if the applicant shall be transferred or assigned to another
City, he or she may assign or transfer his or her interest to some
other qualified person with the consent of the Board.
[Ord. No. 18-15, 11-27-2018]
Upon acceptance of the application a conditional deed shall
be issued giving the applicant the right to occupy the premises subject
to the provisions of this Article. Such conditional deed shall be
recorded with the recorder of deeds. Agreements may be revoked by
the Board of Aldermen for any violation of the terms of this Article.
[Ord. No. 18-15, 11-27-2018]
Upon the issuance of a conditional deed as provided for herein,
it shall be the obligation of the applicant to pay any and all taxes
and assessments lawfully levied on the premises after the deed is
assigned.
[Ord. No. 18-15, 11-27-2018]
Premises subject to this Article may be used for any single-family
purpose permitted by the zoning ordinance for the area in which they
are located.
[Ord. No. 18-15, 11-27-2018]
The restoration of the property to the tax rolls, the rehabilitation
or repair of the buildings thereon and bringing the premises up to
the standards required by the general ordinances of the City shall
constitute consideration to the City for the deed when finally issued
to the applicant upon fulfillment of the terms of this Article.
[Ord. No. 18-15, 11-27-2018]
A.
The
Board shall cause a list to be compiled of all property in the City
upon which such building or buildings stand and remain unoccupied
and for which the City has no immediate plans. Ordinances 18-4 and
18-11 shall be included in the Homestead Phase II.
B.
Such
premises shall be listed as premises subject to the provisions of
this Article. Upon publication of this list in such manner and to
such extent as the Board may require applications may be received
from persons qualified under this Article. Upon examination of the
application, if the Board is satisfied that the applicant complies
with the requirements of this Article and will fulfill his or obligations
hereunder, a conditional deed to the premises concerned shall be issued
to him or her.
[Ord. No. 18-15, 11-27-2018]
Upon receipt of the conditional deed heretofore referred to,
the applicant shall assume control of the premises subject to the
provisions of the ordinance. All work necessary to be done to bring
the premises up to the standard required by all applicable ordinances
shall be commenced and carried to completion with reasonable diligence.
[Ord. No. 18-15, 11-27-2018]
Premises shall be inspected from time to time while subject
to the provisions of this Article to determine the progress of the
work and whether or not the applicant is in need of assistance or
advice to complete the work. Such assistance as can be furnished by
the Homestead Board, the Superintendent of Homestead or any of their
employees or subordinates shall be furnished without cost to the applicant.
[Ord. No. 18-15, 11-27-2018]
A.
Upon
completion of the work undertaken so that the premises are in compliance
with the ordinances applicable thereto, the applicant shall apply
for a final deed. Such application shall contain a statement that
the work is completed in compliance with this Article; that all bills
and obligations for labor and material have been satisfied and paid;
and that all of the conditions of this Article have been complied
with.
B.
The
Board shall investigate to determine whether this Article has been
complied with and whether the statements in the application for a
final deed are correct. If it finds that they are and that this Article
has been fully complied with, it shall cause the issuance of a deed
to the applicant conveying title in fee simple. Such deed shall be
by way of quitclaim rather than warranty. Upon receipt of this deed,
the applicant shall become the owner of the property.
[Ord. No. 18-15, 11-27-2018]
The Board is hereby authorized to establish and maintain an
advisory service to assist applicants in making their application,
in drawing up plans and generally complying with the provisions of
this Article. Such service shall be rendered to the applicant without
charge.
[Ord. No. 18-15, 11-27-2018]
A.
In
the event an applicant shall die or become incompetent before a final
deed is issued under the provisions of this Article, the provisional
deed heretofore issued to him or her shall become null and void and
the property subject hereto shall revert to the City.
B.
Provided
that if a substantial amount of work has been done or expense incurred
in complying with the provisions of this Article, the Homestead Board
may offer the property to any person qualified under this Article
as an applicant upon such terms as may be proper and fair to all concerned.
Any money received for such transfer or sale shall be paid to the
estate of the deceased or incompetent applicant. Provided, further,
that if rights are sold the oldest of the applicant's children who
are qualified under the provisions of this Article or the widow or
wife of said applicant shall have the option of purchasing the property
subject to the terms of this Article and continuing with the work
until the final deed is issued.
[Ord. No. 18-15, 11-27-2018]
The Board may establish and promulgate such rules and regulations
as they deem necessary or desirable to effectuate the provisions of
this Article.
[Ord. No. 18-15, 11-27-2018]
A.
The
Board is empowered and has the duty and responsibility to:
1.
Review and publicize, by newspaper advertising or some other effective
method, the availability of Homestead Program properties.
2.
Accept and review applications and determine the qualifications of
applicants within the criteria established by this Article and the
regulations promulgated hereunder.
3.
Approve and certify applicants with a view toward compatibility of
the applicant and the parcel assigned to him or her.
4.
Approve and recommend the execution, by the Mayor, City Administrator
and the City Clerk, of a conditional deed to the assigned parcel upon
the applicant being approved.
5.
Approve and recommend the execution, by the Mayor, City Administrator
and the City Clerk, of all documents necessary to convey fee-simple
title to the assigned parcel to the applicant upon the applicant's
fulfillment of all conditions enumerated hereof.
