[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
This Chapter shall be entitled the Homestead Ordinance of the
City of Bel-Ridge, Missouri. Any reference to the homestead ordinance
of the City shall be construed as referring to this Chapter and any
amendment thereto.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
A.
The
term "applicant" as used in this Chapter shall mean
any qualified person, whether male or female, who makes an application
under the terms hereof.
B.
The
words used in this Chapter 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 herein.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
The administration of the provisions of this Chapter 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 Chapter.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter. 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 Chapter. Applicants
shall be first time home buyers and not part of any real estate investment
company or group.
B.
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 Chapter; and that he or she has financial ability to do so.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
A.
Any
applicant under this Chapter 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.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
The Building Inspector shall inspect or cause to be inspected
all premises subject to this Chapter, 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
Chapter.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
Premises subject to this Chapter 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. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
Premises subject to this Chapter may not be sold or transferred
for a period of three (3) years and 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. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018; Ord. No. 2018-27, 12-4-2018]
A.
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 Chapter. Such conditional deed shall not be recorded with
the Recorder of Deeds and may be revoked by the Board of Aldermen
for any violation of the terms of this Chapter.
B.
The
Mayor is hereby authorized to sign conditional deeds for City property
to approved applicants under the Homestead Program.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
Premises subject to this Chapter may be used for any single-family
purpose permitted by the zoning ordinance for the area in which they
are located.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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.
B.
Such
premises shall be listed as premises subject to the provisions of
this Chapter. 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 Chapter. Upon examination of the
application, if the Board is satisfied that the applicant complies
with the requirements of this Chapter and will fulfill his or her
obligations hereunder, a conditional deed to the premises concerned
shall be issued to him or her.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
Upon receipt of the conditional deed heretofore referred to,
the applicant shall assume control of the premises subject to the
provisions of this Chapter. 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. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
Premises shall be inspected from time to time while subject
to the provisions of this Chapter 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 Homesteads or any of their
employees or subordinates shall be furnished without cost to the applicant.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter; that all bills
and obligations for labor and material have been satisfied and paid;
and that all of the conditions of this Chapter have been complied
with.
B.
The
Board shall investigate to determine whether this Chapter 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 Chapter
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. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter. Such service shall be rendered to the applicant without
charge.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
A.
In
the event an applicant shall die or become incompetent before a final
deed is issued under the provisions of this Chapter, 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 Chapter, the Homestead Board
may offer the property to any person qualified under this Chapter
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.
C.
Provided
further that if rights are sold the oldest of the applicant's children
who are qualified under the provisions of this Chapter or the widow
or wife of said applicant shall have the option of purchasing the
property subject to the terms of this Chapter and continuing with
the work until the final deed is issued.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
The Board may establish and promulgate such rules and regulations
as they deem necessary or desirable to effectuate the provisions of
this Chapter.
[Ord. No. 2018-2, 2-6-2018; Ord. No. 2018-13, 4-10-2018]
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 Chapter 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 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 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.
[Ord. No. 2018-13, 4-10-2018]
There is hereby created the office of Superintendent of Homesteads,
an executive office of the City. The Superintendent of Homesteads
shall be appointed by the Mayor with the advice and consent of the
Board of Aldermen, and shall perform his or her duties subject to
the supervision of the Homestead Board.
[Ord. No. 2018-13, 4-10-2018]
The said Superintendent of Homesteads shall see to the enforcement
of the provisions of this Chapter. He or she shall see to it that
all construction work contemplated herein is done in compliance with
the applicable ordinances, and shall make or cause to be made such
inspections as are necessary to insure compliance herewith.
[Ord. No. 2018-13, 4-10-2018]
A.
All
of the above-referenced provisions are hereby incorporated herein
by reference. In addition to any other penalty that applies in this
Chapter and is referenced above in this Chapter, all of which is incorporated
herein by reference, the following penalties shall apply:
1.
Any applicant that is found to have violated any Section/provision
of this Chapter shall be responsible for any and all attorneys' fees
incurred by the City in having to enforce the terms of this Chapter
and/or initiate litigation with respect to the property;
2.
Any applicant that provides false information on an application shall
be guilty of the crime of filing a false report and can be subject
to criminal prosecution for same and shall be required to quitclaim
the property back to the City within thirty (30) days of receiving
notification from the City of same;
3.
Any applicant that is found to have violated any Section/provision
of this Chapter shall be subject to a fine of up to one thousand dollars
($1,000.00) per violation.
