Section 26.04.020 Conservation and Acquisition.

1. Rehabilitation and Conservation.

a. Rehabilitation Goals. By the completion of activity in this project area all structures in the area must meet the following goals:

(1) Compliance with the building code, the zoning ordinance, the minimum housing code and all applicable codes of the city and the state relating to the use and occupancy of existing property and structures;

(2) Conformance with the rehabilitation standards (attached as Appendix I to the ordinance codified in this title, and made a part hereof as though set forth herein), where rehabilitation financing under Title I of the Housing and Community Development Act of 1974, as amended, or under Section 312 of the Housing Act of 1964, is desired;

(3) Nonresidential property shall conform to the nonresidential property standards in Appendix I.

b. Methods to be Employed. Rehabilitation and conservation of structures will be achieved by:

(1) The continuing and vigilant enforcement of the applicable laws, codes, ordinances and regulations of the city and the state;

(2) Requiring all owners of property to improve or demolish the properties in accordance with the applicable laws and regulations;

(3) Acquisition of structures capable of being rehabilitation, which do not meet the standards included in this plan due to the owner's inability or unwillingness to do the rehabilitation. Upon acquisition of such properties, the city will decide either:

(A) To demolish the structure or structures on the property and dispose of the land in accordance with this Plan, or

(B) To sell the property, subject to its being rehabilitated to the rehabilitation standards of this plan.

2. Land Acquisition.

a. Acquisition of Real Property. Property may be acquired in the event:

(1) The property does not meet the standards or requirements established in this plan and is determined to be infeasible of being rehabilitated to a level no less than that required by the codes of the city; or

(2) The owner of the property is unwilling or unable to bring the structure up to the standards for rehabilitation established for the area. Whenever such properties are acquired, the property may be cleared or offered for sale subject to rehabilitation to the project rehabilitation standards; or

(3) The property is necessary to achieve the desired land use objectives of this plan; or

(4) The private retention of such property does not meet the objectives of this plan; or

(5) The deterioration, damage, or lack of maintenance of the property makes such property a blighting influence; or

(6) The use of property brings such property out of conformance with this plan. Nonconforming uses acquired will be disposed of free of the nonconforming use and subject to existing zoning.

b. Real Property Not to be Acquired. Property will not be acquired if the following conditions are met:

(1) The buildings on such property are improved to a state of condition that conforms to the applicable city codes and to the standards of this plan; or

(2) The owner of the property demolishes the buildings on such property and redevelops such land in accordance with this plan in such cases where the condition of the structures makes such property a blighting influence; or

(3) It can be demonstrated that the retention of such property will not in any way prohibit the disposition of adjacent land, impair the redevelopment of adjacent land, impair any of the land use or planning objectives of this plan, or inhibit or discourage adjacent property owners from rehabilitating their own properties.

3. Improvement Proposals.

a. City Council Action.

(1) The city council shall, by resolution, give its prior approval for an improvement project if the project is in conformance with this plan for revitalization. Such prior approval does not entitle the owner to exemption from taxation until the improvements have been completed and found to be qualified real estate. If the proposal is not approved, the person may submit an amended proposal for the city council to approve or reject.

(2) Redevelopment plans for disposal parcels do not require city action if the owner does not apply for exemption from taxation.

b. Redeveloper's Obligations. The following controls on redevelopment are imposed and shall apply notwithstanding the provisions of any zoning or building ordinance or other regulation now, or hereinafter in force, and shall be implemented by appropriate covenants or other provisions in disposition instruments.

(1) The redeveloper and his heirs, successors or assigns shall devote such land to the uses specified in this plan for such area and shall not devote such land to any other uses.

(2) Redevelopers shall begin and complete the development of such land for the uses required in this plan and within a reasonable time, to be specified in disposition documents.

(3) No covenant, agreement, lease, conveyance or other instrument shall be effected or executed by the city or by the purchasers or lessees from it (or by any successors in interest in such purchasers or lessees), by which land or improvements in the project area is restricted as to sale, lease, rental, use or occupancy upon the basis of race, color, religion, sex, or national origin. Neither the city nor any other of its assigns nor any purchasers or lessees from it nor any successors in interest to any purchasers, or lessees shall discriminate upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use and occupancy of land or improvements erected or to be created thereon or any part thereof, in the project area.

(4) Redevelopers shall be responsible for all finished grading, all on-site improvements and utility service installations as necessary for proper site development as determined by the city.

(5) Disposition shall include prohibitions against land speculation and require compliance with all state and local laws in effect from time to time. (Ord. 86/T-4328; S-40159, 1980)