[HISTORY: Adopted by the Common Council of the City of Amsterdam 2-3-1981.
Amendments noted where applicable.]
This chapter shall be entitled the "Homestead Ordinance of the City
of Amsterdam." Any reference to the Homestead Ordinance of the city shall
be construed as referring to this chapter and any amendments thereto.
A.
APPLICANT
As used in this chapter, the following terms shall have
the meanings indicated:
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 here.
The administration of the provisions of this chapter shall be assigned
to the head of the divisions of housing, building and zoning enforcement of
the City of Amsterdam, the Assistant Engineer, under whom there shall be a
Homestead Board hereinafter created. Applications hereunder shall be made
to the Homestead Board which shall have the responsibility of carrying out
the provisions of this chapter.
There is hereby established a homestead program for the city. Buildings
owned by the city which remain unoccupied for reasons of physical deterioration,
location or any other reason shall be subject to this program in accordance
with the terms of this chapter.
A.
Any resident of the city who is 18 years or over and
is a citizen of the United States shall be eligible to apply for and acquire
property under this chapter. A nonresident of the city may apply and be accepted,
provided that he becomes a resident of the city promptly after the application
has been accepted and a conditional deed issued to him as provided for in
this chapter.
B.
Such an applicant shall prove that he has the ability
to rehabilitate, repair or remodel the building concerned in accordance with
the terms of this chapter and that he has financial ability to do so.
C.
Any property owner who has been delinquent in the payment
of taxes, which has resulted in the foreclosure of tax liens by an in rem
proceeding, shall not be eligible to acquire property hereunder as to that
parcel foreclosed and presently owned by the city.
Any applicant under this chapter, by making such application, shall
agree to bring the parcel and building or buildings up to the standards required
by the Uniform Fire Prevention and Building Code and other ordinances within
two years after the conditional deed hereinafter referred to has been issued.
In the event that the applicant fails to bring the premises up to a satisfactory
condition within two years of the time the conditional deed is issued, he
shall quitclaim the property to the city within 30 days after receipt of notice
to do so. The conditional deed heretofore issued shall be null and void upon
such failure.
An authorized representative of the Homestead Board 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
representative shall offer such advice and assistance as he deems necessary
to assist the applicant in compliance with the provisions of this chapter.
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.
Premises subject to this chapter may not be sold or transferred until
they have been brought up to the standards required; provided, however, that
if the applicant shall be transferred or assigned to another city, he may
assign or transfer his interest to some other qualified person with the consent
of the Homestead Board.
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 Montgomery
County Clerk, but shall be retained by the Homestead Board and may be revoked
by the Homestead Board for any violation of the terms of this chapter.
Upon the issuance of a conditional deed as provided for herein, it shall
be the obligation of the applicant to pay all taxes and assessments lawfully
levied on the premises.
Premises subject to this chapter may be used for any purpose permitted by Chapter 250, Zoning, for the area in which they are located.
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.
The Homestead 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. 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 Homestead Board may require,
applications may be received from persons qualified under this chapter. Upon
examination of the application, if the Homestead Board is satisfied that the
applicant complies with the requirements of this chapter and will fulfill
his obligations hereunder, a conditional deed to the premises concerned shall
be issued to him.
Upon receipt of the conditional deed heretofore referred to, the applicant
shall assume control of the premises, subject to the provisions of the 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.
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 authorized representative
or any of their employees or subordinates shall be furnished without cost
to the applicant.
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 Homestead 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.
The Homestead Board is hereby authorized to establish and maintain an
advisory service to assist applicants in making their application, in drawing
up plans and in generally complying with the provisions of this chapter. Such
service shall be rendered to the applicant without charge. The Corporation
Counsel, the Building Inspector and all other officers and employees of the
city shall, upon request, advise the Homestead Board on any matter concerning
the application of this chapter or the things to be done in compliance therewith.
In the event that 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 shall become null and void and the property
subject hereto shall revert to the city, 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; 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.
There is hereby created a Homestead Board which shall consist of five
members to be appointed by the Mayor, with the advice and consent of the City
Council, one of whom shall be the Assistant City Engineer. Such members shall
serve for a term of three years and shall receive no compensation for the
services rendered. A Secretary for the Homestead Board may be established
but, if no such office is created, the Board may appoint one of its own members
to act as Secretary.
The Homestead Board may establish and promulgate such rules and regulations
as it deems necessary or desirable to effectuate the provisions of this chapter.
Such rules before becoming final shall be approved by the Corporation Counsel.
The Board is empowered and has the duty and responsibility to:
A.
Review and publicize, by newspaper advertising or some
other effective method, the availability of homestead program properties.
B.
Accept and review applications and determine the qualifications
of applicants within the criteria established by this chapter and the regulations
promulgated hereunder.
C.
Approve and certify applicants with a view toward compatibility
of the applicant and the parcel assigned to him.
D.
Approve and recommend the execution by the Mayor and
City Clerk of a conditional deed to the assigned parcel, upon the applicant
being approved.
E.
Approve and recommend the execution by
the Mayor and 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 herein.
