[HISTORY: Adopted by the City of Council of the City of Chester 3-18-1981 by Ord. No. 11-1981 (Art. 139 of the 1978 Codified Ordinances). Amendments noted where applicable.]
Council is hereby authorized to create the Homestead Program Agency, whose purposes shall be to administer the Homestead Program and to facilitate the rehabilitation of vacant and abandoned properties in the City. The Agency shall consist of both Board and staff members.
The Homestead Board is empowered and has the duty and responsibility to the following:
A. 
Accept gifts of vacant houses and/or lots offered to the Agency;
B. 
Review, select and publicize by newspaper advertising, meetings or some other effective method the availability of Homestead Program properties;
C. 
Accept and review applications and determine the qualifications of applicants within the criteria established by this chapter and the regulations promulgated hereunder;
D. 
Review and certify applicants with a view toward compatibility of the applicant and the parcel assigned to him;
E. 
Dispose of properties under such reasonable procedures as it shall prescribe, including, but not limited to, sealed bids, direct award, auction or lottery;
F. 
Execute a conditional deed to the assigned parcel upon the applicant's being approved as provided in § 75-11; and
G. 
Execute and record all documents necessary to certify of record that the applicant has fulfilled all the conditions set forth in §§ 75-11 and 75-12, and that the City has released its right of entry, termination and reverter.
The Homestead Board shall promulgate regulations, consistent with the purpose and spirit of the Homestead Program as outlined herein, such regulations to be reviewed by the City Solicitor's Office and approved by Council.
The Homestead Program Agency shall accept gift properties for use in the Homestead Program upon the following criteria:
A. 
The Homestead Board through the Agency shall determine the acceptability of any offered property before its inclusion in the Program.
B. 
The property shall remain the sole responsibility of the original owner until such time as the Board approves a qualified applicant as recipient of that particular property. Until such time, the original owner is responsible for all aspects of the property including but not limited to all taxes, fees, assessments and BOCA Code violations.
C. 
Upon approval of the qualified applicant, the gift property shall be transferred to the Agency who shall execute a conditional deed to the approved applicant and/or recipient as set forth in § 75-12.
The City Planning Department shall compile and maintain a catalog of all dwellings and vacant lots available to the Homestead Program through HUD, gifts and/or tax delinquent status which the Homestead Program Agency shall determine to be parcels that can be utilized for rehabilitation or new construction by private individuals.
The Homestead Board, upon recommendation of the Homestead Program Agency, shall approve the parcels cataloged under § 75-9, for disposition for the public purpose of improving the quality of housing in accordance with the Homestead Program.
An applicant for property under the Homestead Program shall meet the following criteria:
A. 
Be at least 18 years of age and be the head of a household and/or a primary individual;
B. 
Be a citizen of the United States or a registered alien;
C. 
Prove financial and/or technical ability to rehabilitate an existing dwelling or construct a new dwelling; and
D. 
Submit a minimum fee to cover application and credit processing costs.
Homestead Program property shall be offered to qualified applicants at an initial cost of at least $100, on a conditional deed basis provided that the applicant contractually agrees to rehabilitate or construct on the parcel assigned to him/her and provided further that he/she agrees to the following:
A. 
Bring the assigned parcel up to minimum BOCA Housing Code standards within 18 months after assignment of the parcel to him/her;
B. 
Permit periodic inspections, by the appropriate City departments, for a determination by those departments of whether reasonable, satisfactory progress is being made by the applicant in rehabilitating or constructing on the parcel assigned to him/her; such inspections to be made every three months or less;
C. 
Surrender and quit the assigned parcel in condition at least equal to that when first assigned upon 30 days' written notice by the Homestead Program Agency when, as a result of a periodic inspection, the appropriate departments determine that the recipient has become unable or unwilling to proceed reasonably or satisfactorily toward fulfilling the objectives and conditions of the program; provided, however, that such recipient shall have 10 days to submit a written request for a hearing before the Homestead Board to request a six-month extension on the surrender of the premises;
D. 
Live in, occupy and maintain to code standards, as an occupied and/or residential dwelling, the parcel assigned to him/her for a period of not less than three years;
E. 
During the period allowed for fulfillment of the conditions set forth in Subsections A, B, C and D hereof, pay all property taxes, fees and assessments before the same become delinquent, and maintain fire and extended insurance coverage as required on the homestead building, with vandalism and malicious mischief coverage; and
F. 
Fully comply with the obligations of any loan made to qualified applicants and/or recipients by a lending institution or by a nonprofit corporation or agency, public or private, to assist in financing the rehabilitation of the homestead parcel.
Approved applicants who have accepted offered property under the Homestead Program shall be permitted to live in the property, so long as rehabilitation of the property is actively taking place.
The qualified applicant and/or recipient under the Homestead Program agrees that, if the property must be surrendered to the Homestead Program Agency under the provisions of § 75-12, the City and/or the Agency shall not be held liable for any costs expended in the rehabilitation of the property and further agrees that the City and/or the Agency shall be held harmless for any injury or damage caused as a result of any existing violation of the Building or Housing Code.
Homestead Program property may also be offered to a person or organization not intending to occupy it upon a determination by the Homestead Board that such an award would best facilitate the rehabilitation of the property and would promote the alleviation of blight in the community.
Upon the approval by the Homestead Program Agency of an applicant, as hereinbefore provided, the Agency shall convey to such applicant by conditional deed in proper form for recording the fee simple title to the parcel assigned to such applicant, which deed shall be expressly subject to the conditions set forth in § 75-12 and to the right reserved to the City, in the event that the grantee therein should breach any of the conditions, to enter upon such parcel and to terminate the estate of the applicant and/or recipient therein with reversion of title to the Agency as though such conveyance to the applicant and/or recipient had never been made, provided that, in the event any such applicant and/or recipient shall have fulfilled the conditions set forth in § 75-12, the Agency shall promptly execute and record in the office for the Recorder of Deeds in and for Delaware County, a document releasing to such applicant and/or recipient all right of entry, termination and reverter reserved to the City in such parcel.
In the event any lending institution or any nonprofit corporation or agency, public or private, shall make any loan to any Homestead Program applicant and/or recipient to finance in whole or in part any rehabilitation of the Homestead Program parcel assigned to such applicant and/or recipient, any mortgage securing such loan or any judgment lien for the principal amount owing on such loan, together with the interest, cost, counsel fee or other sums reasonably secured thereby, shall have full priority over all conditions set forth in the deed of conveyance by the Homestead Program Agency to such applicant and/or recipient and over any right of entry, termination or reverter reserved to the Agency therein and such conditions, right of entry, termination and reverter are hereby made subordinate to the lien of any mortgage or judgment lien.
The Homestead Program Agency is empowered to utilize the aid and assistance of other relevant City agencies in the furtherance of the duties and responsibilities of the Agency. Any City department upon written request shall comply in a timely fashion.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the City existing on the effective date of this section, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the City existing on the effective date of this section which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
All provisions of this chapter, including those containing standards and requirements for dwellings of any type, as defined hereinbefore, shall be applicable to all such dwellings, whether or not such dwellings are in existence at the effective date of this section.