Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 54 — Community Development

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§ 54-1

Affordable housing.

Sec. 54-1. Affordable housing.

(a)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)Affordable housing means housing units accessible to individuals and families at or below 50 percent of area median income.

Statistics regarding area median income are published annually by the U.S. Department of Housing and Urban Development, and the City of Atlanta shall utilize these statistics.

(2)Mixed income housing. For the purposes of public subsidies, mixed income housing is housing that contains at least 33 percent affordable housing units.

(3)Extremely low income family. An extremely low income family is a family making less than 30 percent of area median income.

(b)The city formally adopts the following policies regarding the availability of affordable housing as goals:

(1)All public subsidies for affordable housing should targeted so that two-thirds of the subsidies reach extremely low income families.

(2)The city should utilize the definition of affordability as contained in section 54-1(a) as the standard definition for all housing-related public programs in which the city participates.

(3)All tax increment financings and tax allocation districts that contain a residential component should include 33 percent of affordable housing units.

(4)Utilization of housing enterprise zone tax abatement subsidies should include an obligation for the development of at least 33 percent of affordable housing units.

(c)Mandatory affordable housing for publicly subsidized multi-family residential property. Any multi-family residential property that receives a grant, incentive, or subsidy through a sale leaseback or other written agreement involving a development authority doing business in the City of Atlanta shall include affordable housing, as approved by the development authority from one of the two tiers set forth in the definition of affordable housing below, during the term of the grant, incentive or subsidy. The affordable housing units shall be similar in construction and appearance (e.g., square footage, type and brand of appliances, materials used for countertops, flooring, etc.) to the market rate units and shall not be in isolated areas in the development, but shall be interspersed among market rate units. No certificate of occupancy shall be issued for such property until the applicant provides an executed affordable housing land use restriction agreement in substantially the form promulgated by the office of housing for recordation. For the purposes of this section, the definition of multifamily residential property shall not include "student housing" defined as: a multi-family rental property in which 100 percent of the units are leased to undergraduate or graduate students, which are leased on a per bedroom basis, and which is located within one mile of a college or university at which no less than 10,000 students are enrolled, or within one mile of a contiguous consortium of colleges and universities at which no less than 10,000 students are enrolled collectively.

As used herein, "Affordable housing means:

(1)At least 15 percent of the total residential units shall be leased to households (excluding student households) having an income, as certified by the prospective tenant(s), at the time of execution of the applicable lease agreement that does not exceed 80 percent of the area median income ("AMI") for the family size having the same number of persons as the subject household for the Atlanta-Sandy SpringsMarietta, Georgia Department of Housing and Urban Development ("HUD") Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (including utilities and mandatory fees) for each affordable housing unit shall be no more than 30 percent of the household's monthly gross income as published periodically by HUD; or

(2)At least ten percent of the total residential units shall be leased to households (excluding student households) having an income, as certified by the prospective tenant(s), at the time of execution of the applicable lease agreement that does not exceed 60 percent of the AMI for the family size having the same number of persons as the subject household for the AtlantaSandy Springs-Marietta, Georgia HUD Metro Fair Market Rent Area (as published by HUD as of the date of the tenant's application). The monthly rent amount (including utilities and mandatory fees) for each affordable housing unit shall be no more than 30 percent of the household's monthly gross income as published periodically by HUD.

(Ord. No. 2001-93, § 1, 12-11-01; Ord. No. 2016-12(16-O-1163), § 1, 5-11-16; Ord. No. 202521(25-O-1313), § 1, 6-25-25)

§ 54-2

Affordable housing impact statements.

Sec. 54-2. Affordable housing impact statements.

(1)Affordable housing impact statement means a statement, attached to proposed housing stock impact legislation, that estimates and describes the impact the legislation would have, if enacted, on the affordable housing stock of the City of Atlanta.

(2)Housing stock impact legislation means any and all legislation-including ordinances and resolutions constituting housing policy that come before any committee of the Atlanta City Council that, if enacted, are estimated to have an impact on the affordable housing stock of the City of Atlanta: Land Use Elements to the City's Comprehensive Development Plan; acceptance of public and private grants including local, federal and state funding for the construction and/or rehabilitation of affordable housing units; abandoned and blighted property legislation; changes to building permit fees; millage rate increases for blighted properties; and changes to demolition policies.

(b)Once any resolution or ordinance that meets the definition of housing stock impact legislation receives a first reading in the Atlanta City Council or one of its committees, the Office of Housing and Community Development shall, within ten business days, produce an affordable housing impact statement.

(c)All affordable housing impact statements, once they are completed by the office of housing and community development, shall be attached to the respective legislative items to which they pertain, prior to final action being taken on legislation, such that when any stakeholder requests the legislative item from the municipal clerk, or accesses the final action legislative item electronically via the internet, the affordable housing impact statement shall be attached.

(d)Affordable housing impact statements shall include a quantitative, or numeric section, that shall provide numeric estimates of impacts, quantifying numbers of units impacted at certain levels of affordability over the 30-year period following the enactment of the legislation; and a narrative section to provide an explanation of the analyses that led to the estimates. Where the estimates are derived from existing grant applications or the basis of those estimates are otherwise straightforward, the narrative section shall state as such. Where the proposals being considered require the office of housing and community development to draw upon their experience and expertise to come up with a projected impact, the narrative section shall specify what assumptions were used in creating the estimates. If there is insufficient information such as to preclude any meaningful estimate from being made, the narrative section shall state as such.

(e)The quantitative, or numeric section, shall take the following form, where the office of housing and community development shall fill in the blanks with appropriate estimates:

This legislation, if enacted, is estimated to have a projected impact upon the affordable housing stock of the City of Atlanta over the 30 year period following the enactment of the legislation by:

Adding , preserving , or decreasing units affordable at 30 percent or below of the Area Median Income (AMI); and Adding , preserving , or decreasing units affordable between 30.01 and 50 percent of AMI; and Adding , preserving , or decreasing units affordable between 50.01 and 80 percent of AMI; and Adding , preserving , or decreasing units affordable above 80 percent of AMI.

(f)The city's office of the municipal clerk shall maintain a stand-alone binder or set of binders containing all affordable housing impact statements and annual reports prepared pursuant to this section.

(g)The office of housing and community development shall prepare an annual report to the community development/human services committee. The report shall provide the total cumulative estimated quantitative impact on the city's affordable housing stock of all public policy decisions of the City of Atlanta for the previous year for which affordable housing impact statements have been created, that will include: the total numbers of units that were added, subtracted, or preserved at each income bracket as specified in the affordable housing impact statements, across all affordable housing impact statements. The office of housing and community development shall identify any duplicative impacts for which the same impact was covered by more than one item of legislation. This report shall also identify any housing policies enacted over the previous year that will have an enabling effect on the creation of affordable housing but for which an affordable housing impact statement was not created. This report shall also provide additional findings regarding any housing units funded in whole or in part by public grant dollars, for which affordable housing impact statements have been prepared, within the 30 year period preceding the annual report: specifically, the report shall specify whether the units still exist, whether they are occupied, and whether the cost for those units is consistent with the affordability price points identified in the original grant application. If the required affordability period for specific units is less than 30 years, the annual report shall state as such.

(h)The office of housing shall provide a yearly report to the community development/human resources committee on any housing units funded in whole or in part by public grant dollars, for which affordable housing impact statements have been prepared, within the 30 year period preceding the annual report. The report shall specify whether the units still exist, whether they are occupied, and whether the cost for those units is consistent with the affordability price points identified in the original grant application. If the required affordability period for specific units is less than 30 years, the annual report shall state as such. (Ord. No. 2015-57(14-O-1614), § 1, 11-25-15, eff. 7-1-16; Ord. No. 2018-02(18-O-1026), §§ 1—7, 2-14-18)

§ 54-3

Housing commission.

Sec. 54-3. Housing commission.

(a)Purpose. The purpose of the housing commission shall be:

(1)To review the housing policies of the city with an emphasis on affordable housing; and

(2)To review the city's permitting procedures related to the construction and rehabilitation of housing; and

(3)To explore creative methods of financing affordable housing; and

(4)To review housing policies, practices and procedures of other jurisdictions.

(b)Composition. The housing commission shall be comprised of the following 11 members:

•One member from the Urban Residential Finance Authority (URFA) to be appointed by the mayor.

•One member from the Atlanta Housing Authority to be appointed by mayor.

•One member from the office of housing and community development to be appointed by the mayor.

•One member shall be a resident in a City of Atlanta Housing program to be appointed by council members from districts 1,2,3,4, and post 1.

•One member who is actively engaged as an advocate for low-income persons in connection with affordable housing to be appointed by council members from districts 5,6,7,8 and post 2.

•One member from the Atlanta Continuum of Care to be appointed by council members from districts 9,10,11,12, and post 3.

•One member from the for-profit development community to be appointed by the council president.

•One member from the non-profit development community to be appointed by the council president.

•One member from the mortgage lending community to be appointed by the council president.

•One member from the Atlanta Beltline, Inc.

•One member from the non-profit Georgia ACT.

(c)Meeting, reports, and recommendations. The housing commission shall meet at least once per quarter and shall produce a report on its work and shall make recommendations to the mayor and city council at least once annually.

(d)Terms of office. The terms of office shall be for a two-year period with the exception of the Mayoral and presidential appointees who will serve three-year period.

(e)Compensation. Each member of the commission, except those who are City of Atlanta employees, shall be paid $50.00 as compensation for each meeting of the commission the member attends, but in no event shall the total amount to be paid to any member exceed the sum of $250.00 in any one calendar year. (Ord. No. 2017-57(17-O-1569), § 1, 10-2-17)

§ 54-4

Beltline Affordable Housing Trust Fund Commission.

Sec. 54-4. Beltline Affordable Housing Trust Fund Commission.

(a)Purpose. The purpose of the Beltline Affordable Housing Trust Fund Commission ("commission") shall be to make recommendations to the Atlanta City Council for the expenditure of funds collected in the Beltline Affordable Workforce In Lieu Fee Housing Trust Fund ("Beltline Trust Fund").

(b)Composition. The Beltline Affordable Housing Trust Fund Commission shall be comprised of the following nine members:

•One member from the Atlanta Housing Authority to be appointed by the mayor.

•One member shall be the director of the office of housing and community development or her designee to be appointed by the mayor.

•One member from the Atlanta Development Authority d/b/a Invest Atlanta to be appointed by the mayor.

•One member from the Atlanta Beltline Inc. to be appointed by the mayor.

•One member shall be a resident of the Beltline Overlay District to be appointed by council members from districts 1,2,3,4, and post 1.

•One member shall be a resident of the Beltline Overlay District who participates in a City of Atlanta Housing program to be appointed by Council Members from Districts 5,6,7,8 and post 2.

•One member who is actively engaged as an advocate for low-income persons in connection with affordable housing to be appointed by council members from districts 9,10,11,12, and post 3.

•One member from the for-profit development community to be appointed by the council president.

•One member from the non-profit development community to be appointed by the council president.

Appointees shall be submitted to the community development/ human services committee and confirmed by the Atlanta City Council.

(c)Staffing. The commission shall receive primary staff support and assistance from the city's office of housing and community development. Other city departments and offices shall provide support and assistance as specifically requested by the commission.

(d)Meeting, reports, and recommendations. The chair of the community development/ human services committee shall convene the first meeting of the commission. The members shall elect their own chairperson and other officers they deem appropriate.

The commission shall meet at least twice per year. The office of housing and community development will provide the commission with an accounting of the funds in the Beltline Trust Fund, which Beltline Subarea the funds were collected from, and the number of units that may be produced and/or preserved from those funds once per year. The commission shall make recommendations for distribution of the funds towards: preservation, production, rehabilitation and/or restoration of affordable units, and which subarea the funds should be spent at least once annually. The office of housing and community development shall present to city council the recommendations of the commission and the city council shall either reject, modify, or approve the commission's recommendations.

(e)Terms of office. The terms of office shall be for a two-year period with the exception of the mayoral and presidential appointees who will serve three-year period.

(f)Compensation. Members of the commission shall serve without compensation. (Ord. No. 2017-75(16-O-1593), § 3, 11-29-17)

§ 54-5

Westside Affordable Housing Trust Fund Commission.

Sec. 54-5. Westside Affordable Housing Trust Fund Commission.

(a)Purpose. The purpose of the Westside Affordable Housing Trust Fund Commission ("commission") shall be to make recommendations to the Atlanta City Council for the expenditure of funds collected in the Westside Affordable Workforce In Lieu Fee Housing Trust Fund ("Westside Trust Fund").

(b)Composition. The Westside Affordable Housing Trust Fund Commission shall be comprised of the following nine members:

•One member from the Atlanta Housing Authority to be appointed by the mayor.

•One member shall be the director of the office of housing and community development or his/her designee to be appointed by the mayor.

•One member from the Atlanta Development Authority d/b/a Invest Atlanta to be appointed by the mayor.

•One member shall be the Executive Director of the Westside Future Fund or his/her designee to be appointed by the Mayor.

•One member shall be a resident of the Westside Overlay District to be appointed by council members from districts 1,2,3,4, and post 1.

•One member shall be a resident of the Westside Overlay District who participates in a City of Atlanta Housing program to be appointed by council members from districts 5,6,7,8 and post 2.

•One member who is actively engaged as an advocate for low-income persons in connection with affordable housing to be appointed by council members from districts 9,10,11,12, and post 3.

•One member from the for-profit development community to be appointed by the council president.

•One member from the non-profit development community to be appointed by the council president.

Appointees shall be submitted to the community development/ human services committee and confirmed by the Atlanta City Council.

The commission shall meet at least twice per year. The office of housing and community development will provide the commission with an accounting of the funds in the Westside Trust Fund, which Westside neighborhood the funds were collected from, and the number of units that may be produced and/or preserved from those funds once per year. The commission shall make recommendations for distribution of the funds towards: preservation, production, rehabilitation and/or restoration of affordable units, and which neighborhood the funds should be spent in at least once annually. The office of housing and community development shall present to city council the recommendations of the commission and the city council shall either reject, modify, or approve the commission's recommendations.

(e)Terms of office. The terms of office shall be for a two-year period with the exception of the mayoral and presidential appointees who will serve three-year period.

(f)Compensation. Members of the commission shall serve without compensation. (Ord. No. 2017-74(17-O-1580), § 3, 11-29-17)

§ 54-6

Annual citywide housing inventory and affordability report.

Sec. 54-6. Annual citywide housing inventory and affordability report.

(a)Once per year, the city's office of housing shall conduct an Annual Citywide Housing Inventory and Affordability Report.

(b)The report shall provide as close of an estimate as possible, based on real data, of the number of housing units in the City of Atlanta, including the total number of single-family homes, the total number of condominiums, and the number of apartment units.

(c)The report will also provide an estimate of how many of these units are affordable to Atlanta residents at 0 to 30 percent of the area median income; how many are affordable at 30 to 50 percent of the area median income; how many are affordable at 50 to 80 percent of the area median income; and how many are market rate.

(d)To arrive at the estimate of affordable housing units as required by subsection (c) in this section, the office of housing shall consider:

(1)How many housing choice vouchers or other vouchers, as issued by the Atlanta Housing Authority, are being used in the City of Atlanta; and

(2)How many affordable units are receiving a back-end rental subsidy through the City of Atlanta, the Atlanta Development Authority, or the Atlanta Housing Authority; and

(3)How many naturally occurring, or nonsubsidized, affordable apartment homes, exist; and

(4)How many affordable single-family homes or condominiums exist, based on an approximation of monthly housing payments. The office of housing shall use their expertise to establish appropriate assumptions to reach this estimate, in conjunction with market data and other appropriate information.

(e)The office of housing shall present the Annual Citywide Housing Inventory and Affordability Report to the Community Development/ Human Services Committee of the Atlanta City Council, and to the housing commission established per section 54-3 of Chapter 54 (Community Development), once per year. (Ord. No. 2017-86(17-O-1778), § 1, 12-13-17)

Secs. 54-7—54-25. Reserved.

ARTICLE II. FHA 221 HOUSING*

§ 54-26

Technical committee.

Sec. 54-26. Technical committee.

(a)Constituted, purposes, meetings. There shall be constituted a technical committee which shall meet regularly at least twice each month on dates selected by members thereof and at such other times as may be necessary, at the call of the chair or vice-chair, when requested by at least two members of the committee, to consider applications for new construction in urban renewal project areas under this article, to advise applicants for building permits in urban renewal areas under this article where final plans and the effect these plans may have upon the applicant's contemplated construction or improvements, and other matters relating to new construction for displaced families where the urban renewal program under this article is concerned. Minutes of the meetings of this committee shall be kept.

(b)Membership. This committee shall consist of the director, bureau of buildings as chair, the planning engineer as vice-chair and the executive secretary of the housing authority, the city's agent for development of the urban renewal project areas.

(c)Attendance at meetings. The project planners for the urban renewal project areas affected shall be invited to attend these meetings and participate in discussions. (Code 1977, § 8-5012)

Cross reference—Boards, councils, commissions and authorities, § 2-1851 et seq.

§ 54-27

Determination of phasing for construction of allocations devoted to project areas.

Sec. 54-27. Determination of phasing for construction of allocations devoted to project areas.

The department of housing and community development, in coordination with the housing authority, will determine the phasing considered desirable for construction of FHA 221 housing allocations and what portions thereof, if any, *Land development code references—Building regulations, § 8-2001 et seq.; housing code, § 8-2181 et seq.

should be devoted to urban renewal project areas and shall make recommendations accordingly to local FHA officials. (Code 1977, § 8-5003)

§ 54-28

Determination of locations of urban renewal projects.

Sec. 54-28. Determination of locations of urban renewal projects.

The department of housing and community development will study proposed locations for urban renewal projects and determine those considered most suitable from the city's standpoint for FHA 221 housing projects and shall coordinate thereon with local FHA officials. (Code 1977, § 8-5004)

§ 54-29

Rezoning recommendations.

Sec. 54-29. Rezoning recommendations.

The zoning review board will make timely recommendations to the development committee for rezoning such areas as it considers appropriate in order to facilitate the FHA 221 housing program. (Code 1977, § 8-5005)

§ 54-30

Processing applications embracing subdivisions, requests for building permits.

Sec. 54-30. Processing applications embracing subdivisions, requests for building permits.

All FHA 221 project applications for five or more units on one tract or parcel of land will be considered a subdivision and will be processed through the department of housing and community development. Requests for building permits will be processed in the department of housing and community development by especially designated individuals who are thoroughly cognizant of requirements in this article. (Code 1977, § 8-5006)

§ 54-31

Commitments by builders.

Sec. 54-31. Commitments by builders.

At the time of the initial request for site approval for FHA 221 housing projects, builders and developers will be advised by the department of housing and community development of the requirements of this section and section 54-32. As a condition for approval of these projects, the department of housing will require written commitments from the builders and developers for:

(1)Preservation of adequate existing trees and provision for grass and other plant material on each lot to enhance the environmental living conditions of the area;

(2)Staggering of the setback within five feet variation and turning of plans to break monotony;

(3)Site plan to be developed by a qualified professional person in accordance with FHA MPR revision no. 56 lot improvement requirements;

(4)Designation in a preliminary plan, within the project boundaries for purchase by the city at cost, plus overhead, if so desired by the interested department, of appropriate open spaces for schools, parks, green areas or space for other environmental facilities deemed desirable for the neighborhood; and

(5)Minimum lot size considered appropriate, regardless of zoning requirements, where septic tanks are to be used.

(Code 1977, § 8-5007)

§ 54-32

Minimum structural requirements.

Sec. 54-32. Minimum structural requirements.

(a)Duties of department. The department of housing and community development will ensure that the list of city minimum structural requirements for FHA 221 housing projects, as shown on the description of materials filed in the department of housing and community development, is made known to prospective builders at the time of the initial application for a building permit and will require, as a condition for issuance of a permit, inclusion of provisions for compliance with these minimum requirements in the builder's written plans and specifications and will exercise special care of enforcement of these requirements.

(b)Application of technical codes. Except as otherwise specified in this article, all houses built in the city under FHA mortgage insurance, section 221, National Housing Act, shall conform in all respects to the building, plumbing, electrical, heating and other codes and ordinances applicable to the construction of the houses. (Code 1977, § 8-5008)

Land development code references—Building regulations, § 8-2001 et seq.; housing code minimum standards, § app. F, § 20.

§ 54-33

Varying specifications in description of materials.

Sec. 54-33. Varying specifications in description of materials.

The specifications set forth in the description of materials for FHA 221 housing, a copy of which is on file in the department of housing and community development, may be varied where, in the opinion of the director, bureau of buildings, the materials substituted for those required by the description of materials are of comparable strength, durability and could be used with equal usefulness when compared with those specified in this section. The director, bureau of buildings may approve any of the provisions stipulated in the minimum property standards of title 2, section 1, as published by the FHA, which, in the opinion of the director, bureau of buildings, are consistent with recognized engineering procedures and methods of construction. (Code 1977, § 8-5009)

§ 54-34

Designation of changes in description of materials.

Sec. 54-34. Designation of changes in description of materials.

In the description of materials for FHA 221 housing filed in the department of housing and community development, the following changes under the specific numbered items shall be made:

(5)Exterior walls. Number of coats: prime plus two.

(8)Finish flooring. First floor: grade: no. 2 common oak or better, two feet and longer lengths.

(10)Flooring framing. Where the grade is such that, in the opinion of the director, bureau of buildings, it is feasible to substitute a concrete slab on the ground for the floor joists, as specified in item (6) of the description of materials, a concrete slab on the ground may be used, provided it is not less than four inches thick and complies in all respects to the building code, is adequately waterproofed and is to receive a suitable asphalt tile or approved equal floor covering.

(14)Lath and plaster. Material: sheetrock thickness, three-eighths-inch recessed edge where studding or ceiling joists are 16 inches o.c., otherwise one-half inch.

(15)Decorating. Rubber base is acceptable, except in kitchen and bath.

(16)Interior doors and trim. Doors of suitable type required on closets (see trim 27); hollow core main entrance doors are acceptable, where adequately protected from weather.

(18)Entrances and exterior detail. Exterior millwork: C grade, if painted, is acceptable.

(19)Cabinets and interior detail. Base units: Add the phrase “or approved metal cabinets.”

(20)Stairs. Eliminate requirement for disappearing stairs to attic, where adequate storage space is provided elsewhere.

(21)Special floors and wainscot. Wainscot: bath: change to read as follows: Wainscot four feet high and around tub and shower six feet high may be ceramic tile, aluminum tile, plastic tile or other approved equal material. Other portions of wall and ceiling shall be drywall or finished plaster. Floor shall be ceramic tile.

(27)Miscellaneous.

a.House size, bedroom size, storage area. An alternate to requirements for minimum house size, bedroom size and storage area as contained in the description of materials, at the option of the builder, is as follows: The total floor area shall be not less than 850 square feet; 810 square feet shall be livable area and 40 square feet, 100 square feet and 80 square feet respectively; carport required.

b.Walks and driveways. Driveway: four inches crushed stone and one inch asphalt mix is acceptable, if grade permits.

(Code 1977, § 8-5010)

See. 54-35. Restriction on issuance of building permits.

(a)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Capital improvements consists of all other work, with the exception of incidental repairs.

Incidental repairs includes labor, supplies and other items, which do not add to the value or appreciably prolong the life of the property, the expenditures being deductible under the United States and state revenue laws. For the purposes of this section, reroofing shall be considered incidental repairs.

New construction consists of the erection of any structure; structure being defined in the city’s building code.

(b)Generally. The director, bureau of buildings, shall not approve any application for a building permit or issue a permit for any proposed work in any urban renewal project area under this article, which has been duly designated by the city council, prior to the approval and adoption of final plans for that project area, when this work would consist of new construction or capital improvements, except as directed in this section. Upon receipt of an application, the director, bureau of buildings shall notify in writing the owner of the property, by certified mail, to appear before the technical committee established in this article at a given time and place. At the hearing the technical committee shall consider the building application to determine whether or not the new construction or capital improvements are consistent with redevelopment plans. If the construction or improvements are deemed to be consistent with the redevelopment plans, the committee shall record this finding and the director, bureau of buildings, shall issue a building permit if otherwise lawful. If this contemplated construction or improvement is deemed by the committee to be inconsistent with the redevelopment plans, the committee shall record this finding and advise the owner of the nature of these plans and the effect these redevelopment plans may have upon the owner’s contemplated improvements. Upon written notice of the owner to the director, bureau of buildings, following the hearing that the owner still desires a permit for the new construction or capital improvements as set out in the application for a building permit theretofore filed, notwithstanding the findings and advice of the technical committee, the director, bureau of buildings, shall thereafter issue a building permit if otherwise lawful.

(c)Authority of housing authority. After approval and adoption of final plans by the city council of any urban renewal project area, the director, bureau of buildings shall not issue permits for new construction in this area until the requests have been referred to the housing authority for determination as to conformance with the redevelopment plans and compliance with any special conditions which may apply to the particular situation involved and until the director, bureau of buildings has received the approval of the housing authority. (Code 1977, § 8-5011)

Secs. 54-36—54-55. Reserved.

ARTICLE III. URBAN HOMESTEADING PROGRAM* DIVISION 1. GENERALLY

§ 54-56

Findings; initiation of program.

Sec. 54-56. Findings; initiation of program.

serious and growing menace injurious to the public health, safety, morals and welfare of the city residents. It is further found and declared that the existence of these vacant dwellings contributes substantially and increasingly to the spread of disease and crime, constitutes economic and social liability, substantially impairs or arrests the sound growth of urban areas and exacerbates a growing urban slum condition. It is found that this form of blight is present in the inner city to a much greater degree than it is in the outer city, although the condition is found to exist throughout the city. Many of the residential properties that have become vacant are rehabitable. They are not totally without economic use and, if rehabilitated, could house citizens who need housing as a result of a variety of reasons, among which are displacement by eminent domain proceedings and a lack of housing starts due to general economic conditions.

(b)It is further found that many other urban centers throughout the United States have been confronted with problems similar to this and have developed systems of urban homesteading. These programs take various forms depending upon the applicable laws of the several states and local jurisdictions within which these programs are being carried out. Regardless of the laws governing the various programs of urban homesteading, the economic impact of rehabilitating homes alone is sufficient to justify a program of urban homesteading, notwithstanding the additional benefits procured through this program. Home ownership has been found to be beneficial to the maintenance of property. Expectation of home ownership has been found to be beneficial to the fruition of housing rehabilitation, and homes in private ownership that are rehabilitated increase the tax base of a local government. A decrease in the providing of certain public services, such as police and fire protection, is an additional and indirect benefit to be derived from the rehabilitation of housing.

(c)It is in consequence of these legislative findings stated in subsections (a) and (b) of this section that the city enters into this urban homesteading program, which is declared to be a governmental function undertaken in the public interest. (Code 1977, § 8-5021)

§ 54-57

Funding.

Sec. 54-57. Funding.

No direct expenditures from the city’s general fund revenues shall be incurred by the city in connection with the urban homesteading program. (Code 1977, § 8-5029)

§ 54-58

Urban homesteading application review board.

Sec. 54-58. Urban homesteading application review board.

(a)The urban homesteading application review board is established and created to act in an advisory capacity to the city on the urban homesteading program and to approve applicants as urban homesteaders.

(b)The board shall be composed of five members. All members shall be residents of the city. The mayor shall appoint the five members of the board, who shall be selected from the following membership classifications and who shall be confirmed by the city council:

(1)One appointee shall be a member of the residential construction industry;

(2)One appointee shall be a member of the legal profession who specializes in or who is well acquainted with those areas of the law dealing with residential real estate;

(3)One appointee shall be a representative of that sector ofthe financial community which specializes in residential lending activities; and

(4)Two appointees shall be citizens of the city not otherwise eligible for appointment.

(c)All appointments shall be for a term of two years. Members of the board may be appointed for consecutive terms.

(d)The mayor shall recommend removal and replacement of a member of the board for nonperformance of duty. Any vacancy in the membership of the board shall be filled in the same manner as the initial appointment.

(e)The board shall meet upon the call of the commissioner of housing and community development, at least quarterly, to review applications for urban homesteading. Following its deliberations the board shall certify to the commissioner of housing and community development those applicants who qualify under the criteria set forth in this division as urban homesteaders. For each applicant, the board shall adopt findings of fact upon which it shall base its determination as to whether the applicant qualifies as an urban homesteader. These findings of fact shall constitute a part of the record of the board’s deliberations.

(f)Each member of the board shall be paid $25.00 for each meeting of the board the member attends, but the total amount so paid any member shall not exceed the sum of $600.00 in any one calendar year.

(g)The mayor shall appoint a presiding officer from among the membership of the board, and the board shall elect such additional officers as it deems necessary to carry out its functions. (Code 1977, § 8-5024(a))

Cross reference—Boards, councils, commissions and authorities, § 2-1851 et seq.

§ 54-59

Inventory list.

Sec. 54-59. Inventory list.

(a)The city, acting through the department of housing and community development and working in conjunction with various other departments and bureaus of the government, is authorized to maintain an urban homesteading inventory of residential properties which may be received by the city through any means; provided, however, the residential properties to be maintained on this inventory shall be subject to inspection by the bureau of buildings and found to be redeemable for residential purposes.

(b)Any residential property meeting the criteria set forth in subsection (a) of this section shall be eligible to be placed upon the urban homesteading inventory and disposed of as provided in this division. (Code 1977, § 8-5022)

§ 54-60

Determination of eligibility of property.

Sec. 54-60. Determination of eligibility of property.

(a)Prior to the determination of eligibility of a residential property to be placed upon the urban homesteading inventory, the department of housing and community development shall cause a title examination to be made upon each property by an attorney competent in the area of real estate abstract work, for the purpose of ascertaining what liens and charges constituting encumbrances are in fact on the property. A copy of the title report shall become a part of the file regarding this property. If there are monetary encumbrances or title defects appearing against any property which cannot be economically disposed of or passed through to a prospective urban homesteader, the commissioner of housing and community development shall have the right to reject the property from becoming part of the urban homesteading inventory. If, in the opinion of the commissioner of housing and community development, the monetary and other encumbrances are not sufficient to deter a prospective urban homesteader from entering into an agreement to pay all encumbrances on the property, the property shall become part of the city urban homesteading inventory and may be diverted from that purpose only by action of the mayor.

(b)An additional criterion as to whether or not a property can be placed upon the urban homesteading inventory shall be an opinion of counsel doing the title search that the city either can or cannot pass free and unencumbered fee simple title to the property at a point in time no greater than three years from the date of the title search. If, in the opinion of counsel, fee simple unencumbered title cannot be so passed to an urban homesteader, the commissioner of housing and community development shall reject the property from becoming a part of the urban homesteading inventory. (Code 1977, § 8-5023)

See. 54-61. Qualifications of applicants; placement of applicants.

(a)The commissioner of housing and community development may process applicants for the urban homesteading program. The commissioner of housing and community development shall present to the urban homesteading application review board for approval all those applicants who meet or appear to meet the criteria for urban homesteading as set forth in this section.

(b)Every successful applicant for urban homesteading must:

(1)Be 18 years of age or older and demonstrate a degree of personal stability necessary for taking on the responsibility of urban homesteading;

(2)Possess the technical resources or financial resources or provide documentation to show that the applicant is able to obtain the financial resources or any combination of these resources necessary for completing the rehabilitation required to bring the condition of the urban homesteading structure up to city housing code requirements within the three-year period prescribed by the program;

(3)Be a natural person;

(4)Not have previously participated in an urban homesteading program in the city; and

(5)Be willing to commit in writing to reside in the structure as the applicant’s principal place of residence for a minimum of three years, that being the homesteading period for the urban homesteading program.

(c)When an applicant has been approved as a qualified urban homesteader, the commissioner of housing and community development shall endeavor to place that person into a residential dwelling from the urban homesteading inventory. Placement of this person shall be made in the order in which applicants were approved by the urban homesteading application review board, except that a preferred place in the order of placement shall be given to those approved applicants who are residents of the city and to those approved applicants who have been displaced by governmental action on the part of the city or by other governmental action which resulted in the acquisition of their principal residences for a public project. (Code 1977, § 8-5024(b), (c))

§ 54-62

Leasing procedure.

Sec. 54-62. Leasing procedure.

(a)When the urban homesteader and the commissioner of housing and community development agree on a suitable dwelling for the homesteader, the homesteader shall enter into either a lease agreement with the city or an urban homesteading agreement in combination with a deed of conditional conveyance. The forms of both types of documents will be prepared by the city attorney’s office. The lease form or combination of urban homesteading agreement and deed of conditional conveyance, among other pertinent and legal data, shall:

(1)Contain provisions for the payment of monetary encumbrances existing on the property;

(2)Provide for a scheduled upward phasing of housing code compliance;

(3)Include a statement on the part of the homesteader that, excepting circumstances beyond the homesteader’s control, the homesteader will reside in the dwelling as a principal residence for a minimum of three years from the effective date of the agreement with the city;

(4)Include a provision that the homesteader, during the term of the lease or combination of urban homesteading agreement and deed of conditional conveyance, obtain and maintain casualty insurance and owner’s and occupier’s liability insurance with a reputable insurance company licensed to do business in the state, which casualty insurance will include fire and extended coverage, vandalism and malicious mischief coverages. The amount ofthe casualty insurance shall be equal in amount to the value of the property, as determined by the city, and the liability insurance shall have minimum coverage in the amount of $25,000.00 per occurrence and $100,000.00 in the aggregate and name the city as coinsured;

(5)Contain a provision that all utility bills shall be the responsibility of the homesteader; and

(6)Provide that if its terms and conditions have not been met, upon proper notice and hearing to the urban homesteader, the lease or combination ofurban homesteading agreement and deed of conditional conveyance shall be declared in default by the commissioner of housing and community development and terminated, subject to any subordination agreement.

(b)Any urban homesteader forced to abandon the homestead by circumstances beyond the homesteader’s control shall have the authority, subject to the approval of the commissioner of housing and community development, to assign the homesteader’s rights under the lease or combination of urban homesteading agreement and deed of conditional conveyance to any other eligible homesteader for any consideration that the homesteader can negotiate. Any property so assigned shall be reported to the commissioner of housing and community development by the urban homesteader. Should any property be so assigned, the new urban homesteader shall be bound by the terms and conditions of the lease or combination of urban homesteading agreement and deed of conditional conveyance for the balance of the term of the instrument. Any urban homesteader who has assigned the homesteader’s rights under these instruments to another individual shall be deemed ineligible for any other urban homesteading structure. (Code 1977, § 8-5025)

§ 54-63

Modification.

Sec. 54-63. Modification.

To the extent that the urban homesteading program, as expressed in the leases, modifies or amends housing code of the city, the program is authorized. However, the modification shall not exceed the following parameters:

(1)Actual or constructive possession of leased urban homesteading property must take place and property improvements must be started within a 60-day period from the date of entering into the lease.

(2)Six months from that date, the completion of plumbing, electrical, heating and roofing repairs are required so that the homesteader can move into the homesteading structure.

(3)At the end of a two-year period from the date of entering into the lease, all exterior repairs required on the homesteading structure are to be completed.

(4)At the end of the three years from the date of entering into the lease, all city housing code requirements on the homesteading structure are to be met before conveyance of deed and title can take place.

(5)For homesteading properties that are multifamily structures or that contain rental units, the urban homesteader is expected to occupy one unit at the end of the first six-month work period. When all of the interior work has been completed on the unit the homesteader intends to occupy, when all of the required exterior work on the entire structure has been completed and when all of the interior work on the unit which the homesteader intends to rent has been completed, an urban homesteader may enter into a lease agreement with an individual for a unit in the structure.

(Code 1977, § 8-5026)

See. 54-64. Nontaxable status of property.

During the period that an urban homesteading property is under lease, it shall be nontaxable property owned by the city, and no homesteader, during the period of this lease, shall be required to pay any ad valorem taxes thereon, except those accrued taxes arising by operation of law assessed against the property prior to the time of entering into the lease. (Code 1977, § 8-5027)

Cross reference—Ad valorem taxes, § 146-26 et seq.

§ 54-65

Conveyance of title.

Sec. 54-65. Conveyance of title.

At the end of the term of the lease of the urban homesteading property and provided there has been no default in the terms and conditions of the lease, the city shall convey the leased property, by warranty deed in fee simple, to the urban homesteader in possession of the property who is the named lessee under the lease or the assignees of the lease. Additionally, any homesteader shall be authorized to request the commissioner of housing and community development to convey an urban homestead to that urban homesteader at any time prior to the expiration of the term of the lease, provided the structure in which the homesteader is dwelling meets the criteria set forth in section 54-32 and provided that no conveyance of title shall be made prior to 12 months from the initial date of occupancy of the dwelling by the homesteader. All costs of the conveyance, including but not limited to attorneys’ fees, recording costs, state revenue stamps, payment of any liens, including unpaid taxes, upon the property, and title insurance premiums, shall be borne by the urban homesteader. Should the urban homesteader fail and refuse to accept conveyance and fail to initiate steps to ensure conveyance, the lease the urban homesteader is holding shall be declared in default and the lease terminated. (Code 1977, § 8-5028)

Secs. 54-66—54-75. Reserved.

DIVISION 2. SECTION 810 PROGRAM

§ 54-76

Findings.

Sec. 54-76. Findings.

(a)It is found that there are many residential properties within the corporate limits of the city that have become vacant through various processes. Many of these structures or sites have become vacant by foreclosure or have been abandoned by owners who, for various reasons, have no longer found them acceptable for either habitation, ownership or economic purposes. Further, it is found and declared that some of these properties have been and continue to be elements contributing to the deterioration of neighborhoods and the depreciation of property values in the neighborhood in which they are located. This situation leads to what constitutes a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the city. It is further found and declared that the existence of such vacant dwellings contributes substantially and increasingly to the spread of disease and crime, constitutes economic and social liability, substantially impairs or arrests the sound growth of urban areas and exacerbates a growing urban slum condition. Further, it is found that this form of blight is present in the inner city to a much greater degree than it is in the outer city, although the condition is found to exist throughout the city. Many of the residential properties that have become vacant are rehabitable. They are not totally without economic use and, if rehabilitated, could house citizens who need housing as a result of a variety of reasons, among which are displacement by eminent domain proceedings and a lack of housing starts due to general economic conditions.

(b)It is further found that many other urban centers throughout the United States have been confronted with problems similar to this and have developed systems of urban homesteading. The economic impact of rehabilitating homes alone is sufficient to justify a program of urban homesteading, notwithstanding the additional benefits procured through such a program. Home ownership has been found to be beneficial to the maintenance of property. Expectation of home ownership has been found to be beneficial to the fruition of housing rehabilitation and homes in private ownership that are rehabilitated increase the tax base of a local government. A decrease in the providing of certain public services, such as police and fire protection, is an additional and indirect benefit to be derived from the rehabilitation of housing. (Code 1977, § 8-5030)

§ 54-77

City authorized as agent.

Sec. 54-77. City authorized as agent.

The city is authorized to act as agent for the Secretary of the United States Department of Housing and Urban Development to process applications for rehabilitation loans on properties conveyed to the city pursuant to section 810 urban homesteading, as provided for in section 312(a)(1)(D) of the Federal Housing Act of 1964. (Code 1977, § 8-5038)

§ 54-78

Funding.

Sec. 54-78. Funding.

No direct expenditures from the city’s general fund revenues shall be incurred by the city in connection with the section 810 urban homesteading program. (Code 1977, § 8-5037)

§ 54-79

Urban homesteading application review board.

Sec. 54-79. Urban homesteading application review board.

The urban homesteading application review board established in section 54-28 shall act in an advisory capacity to the city on the section 810 urban homesteading program in approving applicants as urban homesteaders. It shall be the duty of the board to meet upon the call of the commissioner of housing and community development, at least quarterly, to review applications for urban homesteading. Following its deliberations the board shall certify to the commissioner of housing and community development those applicants who qualify under the criteria set forth in this division as urban homesteaders. For each applicant, the board shall adopt findings of fact upon which it shall base its determination as to whether the applicant qualifies as an urban homesteader. These findings of fact shall constitute a part of the record of the board’s deliberations. (Code 1977, § 8-5033(a))

§ 54-80

Inventory list.

Sec. 54-80. Inventory list.

(a)The city, acting through the department of housing and community development and working in conjunction with various other departments and bureaus of the government, is authorized to maintain a section 810 urban homestead inventory of residential properties which may be received by the city through the Secretary of the Department of Housing and Urban Development pursuant to section 810 of the Housing and Community Development Act of 1974; provided, however, the residential properties to be maintained on this inventory shall be inspected by the bureau of housing production and found to be redeemable for residential purposes.

(b)Any residential property meeting the criteria set forth in subsection (a) of this section shall be eligible to be placed upon the section 810 urban homesteading inventory and disposed of as provided in this division. (Code 1977, § 8-5031)

§ 54-81

Determination of eligibility of property.

Sec. 54-81. Determination of eligibility of property.

(a)Prior to the determination of eligibility of residential properties to be placed upon the section 810 urban homesteading inventory, the department of housing and community development shall cause a title examination to be made upon each such property by an attorney competent in the area of real estate abstract work, for the purpose of ascertaining what liens and charges constituting encumbrances are in fact on the properties. A copy of the title report shall become a part of the file regarding such property. If there are monetary encumbrances or title defects appearing against any property which cannot be economically disposed of or passed through to a prospective urban homesteader, the commissioner of housing and community development shall have the right to reject the property from becoming part of the section 810 urban homesteading inventory. If, in the opinion of the commissioner of housing and community development, the monetary and other encumbrances are not sufficient to deter a prospective urban homesteader from entering into an agreement to pay all encumbrances on such property, the property shall become part of the city section 810 urban homesteading inventory.

(b)An additional criterion as to whether or not a property can be placed upon the section 810 urban homesteading inventory shall be an opinion of counsel doing the title search that the city either can or cannot pass free and unencumbered fee simple title to the property at a point in time no greater than three years from the date of the title search. If, in the opinion of such counsel, fee simple unencumbered title cannot be so passed to an urban homesteader, the commissioner of housing and community development may reject the property from becoming a part of the section 810 urban homesteading inventory. The term “fee simple unencumbered title” as used in this section, shall not be construed to be such title as would cause rejection of those residential properties which have previously had placed upon them easements and other encumbrances of record which would not affect subsequent marketability of any such properties. (Code 1977, § 8-5032)

§ 54-82

Qualifications of applicants; placement of applicants in housing.

Sec. 54-82. Qualifications of applicants; placement of applicants in housing.

(a)The commissioner of housing and community development is authorized to process applicants for the section 810 urban homesteading program. The commissioner of housing and community development shall present to the urban homesteading application review board for approval all those applicants who meet or appear to meet the criteria for urban homesteading as set forth in this division.

(b)All applicants for urban homesteading shall meet the following criteria:

(1)The applicant must be 18 years of age or older and must demonstrate a degree of personal stability necessary for taking on the responsibility of urban homesteading;

(2)The applicant must possess the technical resources or financial resources or must provide documentation to show that the applicant is able to obtain the financial resources or any combination of these resources necessary for completing the rehabilitation required to bring the condition of the urban homesteading structure up to city housing code requirements within 18 months after occupying the property;

(3)The applicant must be a natural person;

(4)The applicant must not have previously participated in an urban homesteading program in the city;

(5)The applicant must be willing to commit in writing to reside in the structure as the applicant’s principal place of residence for a minimum of three years, that being the homesteading period for the section 810 urban homesteading program;

(6)No applicant shall be considered who is a city employee exercising any function or responsibility with regard to the section 810 urban homesteading program; and

(7)The applicant must be able to demonstrate a need for such housing.

(c)When an applicant has been approved as a qualified urban homesteader, the commissioner of housing and community development shall endeavor to place that person into a residential dwelling from the section 810 urban homesteading inventory. Placement of such persons shall be made in the order in which applicants were approved by the urban homesteading application review board, except that a preferred place in the order of placement shall be given to those approved applicants who are residents of the city and to those approved applicants who have been displaced by governmental action on the part of the city or by other governmental action which resulted in the acquisition of their principal residences for a public project. (Code 1977, § 8-5033(b)—(d))

§ 54-83

Terms of agreement.

Sec. 54-83. Terms of agreement.

(a)When the section 810 urban homesteader and the commissioner of housing and community development agree on a suitable dwelling for the homesteader, the homesteader shall enter into an agreement with the city on a form prepared by the city attorney's office. The agreement shall contain provisions whereby the homesteader to whom such property is conveyed agrees that the homesteader:

(1)Use the property as a residence only;

(2)Not assign the homesteader's interest to a third party without the consent of the city;

(3)Not keep any explosives or highly inflammable substances on the premises, save only small quantities of combustibles such as cleaning fluid, gasoline, etc.;

(4)Pay all utility services;

(5)Be required to obtain and maintain comprehensive insurance on the premises in a face amount at least equal to the fair market value of the premises, as determined by the city, and also be required to obtain and maintain liability insurance in the sum of $25,000.00 per occurrence and $100,000.00 in the aggregate;

(6)If the urban homesteader should either file bankruptcy or insolvency proceedings or have bankruptcy or insolvency proceedings filed against the homesteader, the city may, at its election, retake possession of the premises and void the conveyance;

(7)Shall pay all applicable taxes due all appropriate taxing authorities imposed on the urban homesteading premises; and

(8)Shall secure the necessary building permits, as applicable.

(b)The urban homesteader shall assume such further obligations as shall be incorporated into a deed of conditional conveyance, prepared by the city attorney's office. The deed shall be subject to the terms and conditions that the homesteader shall:

(1)Occupy the property as a principal residence for a period of no less than three years;

(2)Make repairs required to meet minimum health and safety standards for occupancy prior to occupying the property;

(3)Make such repairs and improvements to the property as may be necessary to meet the applicable standards of the city's housing code for decent, safe and sanitary housing within 18 months after occupying the property; and

(4)Permit reasonable periodic inspections at reasonable times by employees of the city, the state or the United States government for the purpose of determining that the conditions set forth in this subsection have been met within the time periods prescribed in this subsection.

(c)Any urban homesteader forced to abandon the homestead by circumstances beyond the homesteader's control shall have the authority, subject to the approval of the commissioner of housing and community development, to assign the homesteader's rights under the agreement and deed of conditional conveyance to any other eligible homesteader for any consideration that the homesteader can negotiate. Any property so assigned shall be reported to the commissioner of housing and community development by the urban homesteader. Should any property be so assigned, the new urban homesteader shall be bound by the terms and conditions of the agreement and the deed of conditional conveyance for the balance of the terms of such instruments. Any urban homesteader who has assigned such homesteader's rights under such instruments to another individual shall be deemed ineligible for any other urban homesteading structure. (Code 1977, § 8-5034)

See. 54-84. Modifications.

To the extent this division is inconsistent with the city's housing code, the housing code is amended to comply with this division; provided, however, that the modification shall not exceed the following parameters:

(1)Actual or constructive possession of leased urban homesteading property must take place and property improvements must be started within a 60-day period from the date of entering into the lease.

(2)Six months from that date, the completion of plumbing, electrical, heating and roofing repairs are required so that the homesteader can move into the homesteading structure.

(3)At the end of a one-year period from the date of entering into the lease, all exterior repairs required on the homesteading structure are to be completed.

(4)At the end of the 18 months from the date of entering into the lease, all city housing code requirements on the homesteading structure are to be met before conveyance of deed and title can take place.

(5)For homesteading properties that are multifamily structures or that contain rental units, the urban homesteader is expected to occupy one unit at the end of the first six months' work period. When all of the interior work has been completed on the unit the homesteader intends to occupy, when all of the required exterior work on the entire structure has been completed and when all of the interior work on the unit the homesteader intends to rent has been completed, an urban homesteader may enter into a lease agreement with an individual for a unit in the structure.

(Code 1977, § 8-5035)

§ 54-85

Conveyance of property.

Sec. 54-85. Conveyance of property.

Under this division, at the end of the term set forth in the deed of conditional conveyance and provided there has been no default in the terms and conditions of either the agreement between the city and the urban homesteader or the deed of conditional conveyance, the city shall convey to the urban homesteader the property referenced in the deed of conditional conveyance by a limited warranty deed in fee simple. All costs of the conveyance, including but not limited to attorneys' fees, recording costs, state revenue stamps, payment of any liens, including unpaid taxes, upon the property and title insurance premiums shall be borne by the urban homesteader. If the urban homesteader fails and refuses to accept conveyance and fails to initiate steps to ensure conveyance, the agreement and deed of conditional conveyance the urban homesteader is holding shall be declared in default and the estate created terminated. (Code 1977, § 8-5036)

ARTICLE IV. AFFORDABLE HOUSING HOMESTEADING PROGRAM

See. 54-86. Procedures.

(a)The director of real estate portfolio in consultation with the chief procurement officer or his or her designee will submit to the city's office of housing and community development in January of each year a list of potential surplus properties which are no longer useful or needed by the city. In determining whether city-owned real property is potentially surplus for the purposes of this article, the director of real estate portfolio will consider whether title to the real property is good, marketable and insurable.

(b)The office of housing and community development will have 60 days after receipt of the list from the director of real estate portfolio to review the list and determine whether any of the potential surplus properties on the list are feasible for development as owner-occupied affordable housing. The office of housing and community development will consider the following factors in making its determination: (1) whether the property is large enough and of an appropriate shape for the development of one or more housing units; (2) whether utilities such as water, gas, and electricity would be available to one or more new housing units at the site; (3) whether the current zoning or land use designation of the parcel allows for residential uses; and (4) such other factors as the office of housing and community development deems necessary or appropriate, including the availability of property near public transit.

(c)After the office of housing and community development identifies which potential surplus properties are feasible for development of owner-occupied affordable housing (the "affordable housing property list"), the office of housing and community development will submit an ordinance containing the requirements provided herein to the community development and human services committee. The ordinance will contain a finding that the properties on the affordable housing property list are surplus and will approve the properties to be advertised and disposed by request for proposals pursuant to chapter 2, article X, division 4, section 2-1189 and this article IV.

(d)Upon Atlanta City Council approval of the ordinance, the office of housing and community development will send a request to the chief procurement officer to issue a public notice for request for proposals from nonprofit and forprofit developers to produce or rehabilitate owneroccupied housing units on a maximum of five surplus properties per developer per year that will be sold below market value. The request for proposals will encourage proposals that use creative strategies to lower construction costs for single-family homes, including partnerships with job training agencies, innovative methods of construction, and smaller houses, with a preference to develop housing targeting households earning zero to 30 percent of the United States Department of Housing and Urban Development Atlanta-Sandy Springs Marietta Area Median Income (AMI). The request for proposals will provide a maximum 90 day period to respond.

(e)To become eligible to purchase a property, the nonprofit or for-profit developer must agree to develop owner-occupied affordable housing units on the property to be sold to households earning at or below 80 percent of the area median income (AMI) as calculated and published annually by the U.S. Department of Housing and Urban Development for the Atlanta-Sandy Springs-Marietta metropolitan area, with a preference for projects targeting households earning zero to 30 percent of the AMI (the "Affordable Housing Covenant"). The affordable housing covenant will run for a term of 20 years. The affordable housing covenant will contain appropriate limits on homeowners gaining full equity from re-selling the owner-occupied units during the 20 year period.

(f)The city's law department shall prepare the affordable housing covenant and all appropriate documents to be filed in the land records of Fulton County or DeKalb County to accompany any sale or resale of properties pursuant to this section in a manner consistent with this ordinance. Upon execution of an appropriate covenant, the chief procurement officer or his or her designee shall sell any properties deemed feasible for affordable housing to a non-profit developer or for-profit developer. (Ord. No. 2017-65(17-0-1463), § 1, 11-6-17)

Chapters 55—57 RESERVED Chapter 58 CONSUMER PROTECTION* Article I. In General Secs. 58-1—58-35. Reserved.

Article II. Motor Vehicle Repairs Sec. 58-36. Definitions. Sec. 58-37. Penalty for violation. Sec. 58-38. Duties of person engaged in business. Sec. 58-39. Overcharge. Secs. 58-40—58-60. Reserved.

Article III. Closeout and Similar Sales Division 1. Generally Sec. 58-61. Definitions. Sec. 58-62. Article supplemental. Sec. 58-63. Inventory restrictions. Sec. 58-64. Duties of licensee. Sec. 58-65. Other prohibited activities. Secs. 58-66—58-80. Reserved.

Division 2. License Sec. 58-81. Required. Sec. 58-82. Exemptions. Sec. 58-83. Application. Sec. 58-84. Issuance prerequisites. Sec. 58-85. Fees. Sec. 58-86. Interval between sales. Sec. 58-87. Location of sale restricted. Sec. 58-88. Effect of issuance. Secs.. 58-89—58-99. Reserved.

Sec. 58-100. Sec. 58-101. Sec. 58-102.

Article IV. Predatory Lending Practices Legislative findings. Intent and purpose. Definitions.

*Cross references—Advertising, ch. 6; businesses, ch. 30; articles sold in parks to be sold at community prices, § 110-64. State law references—Constitutional grant of home rule powers, Ga. Const, art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; consumer protection generally, O.C.G.A. § 10-1-1 et seq.

ARTICLE I. IN GENERAL

Secs. 58-1—58-35. Reserved.

ARTICLE II. MOTOR VEHICLE REPAIRS*