[R.O. 2013 § 409.300; Ord. No.
04-43 § 1, 8-9-2004]
A.
In order to provide for the housing needs of all economic
segments of the community, the Board of Aldermen declares that the
purposes of this Article are as follows:
1.
To insure that rental units being converted to
condominiums meet physical standards;
2.
To help mitigate the impact of eviction for residents
of rental units, as a result of their units being converted to condominiums;
and
3.
To promote the concept of home ownership and to
bring a greater owner-occupied housing on the market affordable by
all economic segments of the community, thus encouraging participation
in the various economic benefits associated with home ownership.
[R.O. 2013 § 409.310; Ord. No.
04-43 § 1, 8-9-2004]
This Article shall apply to all condominium conversions in the
City, where the units are intended or designed to be used principally
for residential purposes. The requirements of this Article concerning
off-street parking, fire protection and any other improvements or
alterations shall remain in effect as long as this Article is in effect
and the building is used for residential and condominium purposes.
[R.O. 2013 § 409.320; Ord. No.
04-43 § 1, 8-9-2004]
A.
In addition to the requirements of this Chapter relating
to applications for tentative maps, the application for a condominium
conversion subdivision shall include the following:
1.
A condominium conversion application;
2.
Tenant and rental information which shall consist
of the name and address of each present tenant of the project and
the identification of the vacant units;
3.
Schedule of proposed improvements which shall
be made to the project prior to their sale. The list shall not prohibit
the applicant from making additional improvements;
4.
A plot plan of the project, including the location
and sizes of structures, parking layout and access areas.
[R.O. 2013 § 409.330; Ord. No.
04-43 § 1, 8-9-2004]
A.
Upon receipt of the application to convert, the application for subdivision and the additional reports required in Section 409.320, the City Administrator or his/her designate shall submit copies of applicable reports or documents to the appropriate City staff personnel as found necessary.
B.
The premises shall be inspected for needed repairs to bring
the project into compliance with the building code applicable at the
time of construction and with the current housing code, as amended,
by the Building Department. The cost of inspection shall be borne
by the subdivider.
C.
The City Administrator or his/her designate shall cause
an inspection to be made of the project to determine the sufficiency
of fire protection systems serving the project and shall report on
any deficiencies and indicate which deficiencies are required to be
corrected by law.
D.
The City Administrator or his/her designate shall cause an inspection to be made to ascertain conformance of the project with the requirements of Chapter 405, Zoning Regulations, applicable to the project in effect at the time the project was constructed and may submit copies of application documents to other divisions for review and comments.
[R.O. 2013 § 409.340; Ord. No.
04-43 § 1, 8-9-2004]
A.
Correction Of Deficiencies.
1.
Corrections required in the building inspection
report shall be made by the applicant, at applicant's expense,
to the City's satisfaction.
2.
The applicant shall correct any deficiencies in
the fire protection system required by law.
3.
The applicant shall repair or replace any damaged
or infested areas in need of repair or replacement as shown in the
structural pest control report, which shall be prepared by a licensed,
structural pest control operator and dated and filed at least thirty
(30) days prior to the submittal of the final map.
B.
Final Inspection Report. A final inspection report shall
be made by the City Administrator or his/her designate prior to consideration
of the final map indicating the compliance with all requirements imposed
herein.
C.
Street Improvements.
1.
The applicants shall improve or post a cash bond
with the City, guaranteeing the installation of the improvements to
City standards of substandard or deficient street improvements fronting
this property within the public right-of-way, to the satisfaction
of the City Engineer in accordance with current policy. These improvements
may include, but shall not be limited to: curbs, gutters, sidewalks,
ramps, driveways, drainage devices, trees and tree wells and street
lights.
2.
The width of the public rights-of-way and roadway
of the street(s) abutting the property shall conform to the City plan.
D.
Sewer. If the apartment proposed for condominium conversion
has not paid a sanitary sewer line charge as required by ordinance,
it shall pay a charge equal to the amount for single-family resident
times the number of units in the condominium prior to the submittal
of the final map.
E.
Maintenance Of Conversion Records. The City Administrator
or his/her designate shall keep and maintain the copies of all reports
required herein as public records for no less than five (5) years
and shall send such copies to State officials as may be required by
law.
[R.O. 2013 § 409.350; Ord. No.
04-43 § 1, 8-9-2004]
A.
The City shall notify, in writing, all tenants in any building
being proposed for conversion no less than ten (10) days prior to
the Planning Commission meeting regarding the tentative map for the
project.
B.
The applicant shall give a minimum of one hundred fifty
(150) days' written notice of intention to convert, prior to
termination of tenancy due to the conversion or proposed conversion.
C.
The present tenant or tenants of any unit to be converted
shall be given any exclusive right to contract to purchase the unit
occupied as provided by State law.
D.
Unless tenants of the building proposed to be converted
were given written notice of the intention to convert to condominiums
by the owner or owner's agent at the time the tenants signed
rental or lease agreements, the subdivider shall compensate the tenants
for their relocation expenses as follows: actual cost of relocation,
not to exceed two thousand five hundred dollars ($2,500.00) per residential
unit, to be paid at the time the notice of termination is presented,
if prior to the submittal of the final map. If such notice is not
given, or the relocation fee is not paid prior to the filing of the
final map, the applicant shall submit written evidence to the City
that it has entered into an agreement with each tenant to provide
actual cost of relocation not to exceed two thousand five hundred
dollars ($2,500.00) to the tenant at the time of termination of the
tenancy.
[R.O. 2013 § 409.360; Ord. No.
04-43 § 1, 8-9-2004]
A.
Conversions shall not be approved which fail to meet the
following minimum standards:
1.
Parking. Two (2) parking spaces for each dwelling
unit shall be required for all condominium conversions of buildings
for which a building permit was issued after the effective date of
the ordinance codified in this Chapter.
2.
Storage Space. Each dwelling unit shall be provided
with a minimum of sixty (60) cubic feet of enclosed storage space
outside the dwelling unit.
3.
Density. Each apartment building proposed for
conversions shall comply with the maximum density permitted in the
zoning district in which the building is located, unless such building
is a lawful, non-conforming use.
[R.O. 2013 § 409.370; Ord. No.
04-43 § 1, 8-9-2004]
To achieve the purpose of this Article, the applicant shall
include a copy of those portions of declaration of restrictions proposed
to be recorded as required by State law, together with any and all
documents required and relating to the items regulated by this Section
and to all proposals for condominium conversion pursuant to the provisions
of this Chapter. Once the declaration is accepted in final form by
the Planning and Zoning Commission, none of the portions of the declaration
shall be amended, modified or changed without first obtaining the
written consent of the City.
