TITLE II REVISED MUNICIPAL CODE Chapter 12 COMMUNITY PLANNING AND DEVELOPMENT ARTICLE V. PRESERVATION OF AFFORDABLE HOUSING Sec. 12-105. Intent. The intent of this article is to protect the availability of publicly assisted affordable housing for low and moderate income households by: providing for notice to the City and tenants when transitions from current assistance programs and/or affordable housing uses are planned; providing purchase opportunities for the city to attempt to preserve the affordable housing while respecting ownership interests of building owners; and ensuring long term affordability in future projects that the city assists with public financing designed to create or preserve affordable housing. (Ord. No. 757-00, § 1, 9-25-00) Sec. 12-106. Definitions. (a) Affordable housing. The term "affordable housing," "affordable housing rental housing" or "housing affordable to rental households" means that the rent is structured so that the targeted tenant population pays no more than thirty (30) percent of their gross household income for rent and utilities. The targeted tenant populations referred to in this section include households up to eighty (80) percent of area median family income. (Ord. No. 757-00, § 1, 9-25-00) Sec. 12-109. Local preservation projects--Tenant and city notice provisions. (a) When the owner of a local preservation project takes action which will make the affordable housing no longer affordable, whether the affordability requirements which were established under prior agreement with the city or state have expired or are still in effect, the owner must provide a notice of ninety (90) days to the city. The notice shall meet standards developed by HNDS. During the 90-day notification period, the owner may not sell or contract to sell the property, but may engage in discussions with other interested parties. Within this period, the city or its designee may make an offer to purchase or attempt to coordinate a purchase by an owner committed to maintaining affordability. (b) Owners of local preservation projects who have decided to take action described in section 12-109(a), must provide a written notice of ninety (90) days to tenants. This shall be in addition to the notice to be provided to the city under section 12-109(a). During this notice period the owner may not initiate a no cause eviction. (Ord. No. 757-00, § 1, 9-25-00) Sec. 12-110. City subsidy properties--Long term affordability requirements. (a) Properties that in the future request and receive a city subsidy from HNDS or other city agency for the purpose of creating or preserving rental housing affordable to households below eighty (80) percent of median family income, will be subject to a minimum of 20-year affordability contract requirements. (b) All city agencies administering affordable rental housing subsidy programs will be responsible for implementing this section. As the primary agency charged by the city to negotiate and confer affordable housing subsidies, HNDS will develop implementing strategies consistent with the 20-year affordability principles contained in this section. (Ord. No. 757-00, § 1, 9-25-00) Sec. 12-111. Compliance and enforcement. (a) HNDS shall develop and implement procedures, through the promulgation of rules and regulations, to enforce the provisions of this article. Such procedures should include, where feasible, record notice of the applicability of this code to affected properties, filing a lien to enforce the provisions of this code, and developing civil penalties or other enforcement provisions necessary or appropriate to enforce this article. (b) The city attorney's office may enforce the provisions of this code on behalf of the city in any court of competent jurisdiction or city administrative body. (Ord. No. 757-00, § 1, 9-25-00) Sec. 12-112. No restriction of powers of eminent domain; severability. (a) This article shall not be construed to restrict the city's existing authority to exercise powers of eminent domain through condemnation. (b) If any part or provision of this article, or application thereof to any person or circumstance, is held invalid, the remainder of this article and the application of the provision or part thereof, to other persons not similarly situated or to other circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this article are severable. (Ord. No. 757-00, § 1, 9-25-00)
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