Indiana Code 36-7-16-4. “Concentrated code delinquency area”; loans; authorization; prerequisites
(1) at least two-thirds (2/3) of the lots are occupied by improvements;
Terms Used In Indiana Code 36-7-16-4
- Agency: refers to the department of metropolitan development in a county having a consolidated city, the works board in second class cities, and the department of redevelopment in other units. See Indiana Code 36-7-16-2
- Contract: A legal written agreement that becomes binding when signed.
- Home: means a residential building containing no more than four (4) family dwelling units. See Indiana Code 36-7-16-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(3) an investigation by the agency shows that at least one-half (1/2) of the homes are not in compliance with applicable building code standards.
The agency may conduct an investigation on its own initiative, and shall conduct an investigation on receipt of a petition signed by the occupants of at least one-half (1/2) of the family dwelling units within the proposed area. In conducting the investigation, the agency may use its own staff or hire independent appraisers and inspectors.
(b) Rehabilitation loans may be made to enable the borrower to make repairs that will bring the borrower’s home into compliance with applicable building code standards, if all of the following conditions are present:
(1) The borrower holds marketable title to the property, subject only to mortgage indebtedness or contract for the purchase of the property, the lien of taxes that are not yet due and payable, and any assessment for public improvements that is not yet due and payable.
(2) The property is located within the area of a community development target area designated by an application to the Department of Housing and Urban Development under the 1974 Community Development Act, as amended (42 U.S.C. sections 5301-5318), an urban renewal project, a concentrated code delinquency neighborhood, or an area needing redevelopment.
(3) The agency has determined that the borrower is an acceptable credit risk. In making this determination, the agency shall be guided by the fact that a principal purpose of this chapter is to make rehabilitation available to those who would be unable to obtain such loans through normal commercial channels.
(4) The borrower has in full force and effect a policy of insurance protecting the property in an amount and with an insurer satisfactory to the agency.
(c) Subject to subsection (d), the agency shall use the procedures prescribed by IC 36-7-14-15 through IC 36-7-14-18 to make a finding that an area is an area needing redevelopment.
(d) The agency in a consolidated city shall use the procedures prescribed by law to make a finding that an area is an area needing redevelopment.
[Pre-Local Government Recodification Citations: Acts 1975, P.L.195, SECTION 2 part; 18-7-7.5-1 part; 18-7-7.5-3; 18-7-7.5-8; 18-7-7.5-9.]
As added by Acts 1981, P.L.309, SEC.35. Amended by Acts 1981, P.L.310, SEC.92; P.L.185-2005, SEC.49; P.L.127-2017, SEC.208.