§ 2-69.3.3. Considerations for sale.

(a)

The special magistrate may hear a consideration request for the sale of a property. The following criteria shall be used to determine if the applicant qualifies for a request for consideration for sale:

(1)

The applicant shall submit a copy of a valid contract for sale along with the completed application.

(2)

The property must be secured and landscaping must not be in an overgrown condition and all trash and/or debris must be removed.

(3)

A proposed compliance schedule for all outstanding violations must be submitted along with the completed application.

(4)

The application fee shall be included with the application.

(b)

A party seeking a request for consideration for sale shall submit a completed application to the code compliance secretary. The code officer assigned to the case will make an inspection to determine compliance with item (2) as outlined above. If the consideration for sale application is complete and meets the requirements of this section, the request shall be scheduled before a special magistrate. The appealing party will be notified in writing of the scheduled hearing at least five (5) days prior to the hearing date by regular U.S. Mail to the address provided on the application.

(c)

The special magistrate shall make one (1) of the following determinations regarding the request for consideration for sale: The request for consideration may be granted, or the request for consideration may be denied. If a request for consideration for sale is granted, the board or special magistrate may set forth the conditions under which the request is granted. Any request and subsequent conditions granted pursuant to this section are not applicable to any administrative fees or costs assessed due to any prior hearings. The special magistrate shall review all the facts set forth in the application to determine if the applicant is eligible for the requested relief prior to making a decision and entering an order. The special magistrate shall hear not more than one (1) request for consideration for sale per proposed purchaser of the property.

(d)

In determining how much to reduce the outstanding lien, the special magistrate may consider any documented expenses incurred to bring the property into compliance. The special magistrate may reduce the outstanding lien amount by the total amount of these documented expenses. The special magistrate shall not reduce any lien, after documented expenses are deducted, if any, to less than ten (10) percent of the remaining outstanding lien.

(e)

Any stipulation or order granting a reconsideration for sale shall provide that if the applicant fails to timely pay the reduced lien and/or timely bring the property into compliance, the lien shall automatically revert back to the original, pre-reduced amount and it shall continue to accrue at the daily rate previously established until compliance is established.

(Ord. No. 95-33, § 1, 12-28-95; Ord. No. 96-30, § 1, 10-15-96; Ord. No. 99-13, § 1, 5-4-99; Ord. No. 2002-12, § 3, 5-7-02; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-14, § 2, 2-5-13; Ord. No. 2013-26, § 9, 5-21-13)

Editor's note

Ord. No. 2013-26, § 9, adopted May 21, 2013, changed the title of section 2-69.3.3 from "Reconsiderations for sale" to "Considerations for sale." The historical notation has been preserved for reference purposes.