[Adopted 10-17-2023 by Ord. No. 2023.129]
[1]
Editor's Note: Former Ch. 38, Fire Prevention and Protection, adopted 11-17-1998, as amended, was repealed 8-19-2014 by Ord. No. 2014.78.
The purpose of enacting this chapter is:
(a) 
To establish a City of Biddeford Housing Trust Fund for the promotion, retention, and creation of an adequate supply of housing, particularly affordable housing, for all economic groups and to limit the net loss of housing units in the City.
(b) 
To serve as a vehicle for addressing very-low-, low-, and median-income housing needs through a combination of funds as set out in this chapter.
The City Council shall establish a special revenue account under the name "City of Biddeford Housing Trust Fund" (Housing Trust Fund). Deposits into the fund shall include:
(a) 
(Reserved)
(b) 
Funds appropriated to be deposited into the fund by vote of the City Council.
(c) 
Voluntary contributions of money or other liquid assets to the fund.
(d) 
Any federal, state, or private grant or loan funds provided to the fund.
(e) 
Interest from fund deposits and investments.
(f) 
Repayments of loans made from the fund.
The City Manager, or his or her designee, shall serve as the manager of the Housing Trust Fund. The responsibilities of the manager, subject to the orders of the City Council, shall include:
(a) 
Maintaining the financial and other records of the Housing Trust Fund.
(b) 
Disbursing and collecting Housing Trust Fund monies in accordance with the Housing Trust Fund Annual Plan.
(c) 
Monitoring the use of monies distributed to successful applicants for Housing Trust Fund support to assure ongoing compliance with the purposes of the fund and the conditions under which these monies were granted or loaned.
Each fiscal year, the City Council shall adopt a Housing Trust Fund Annual Plan. The City Manager shall submit to the City Council a recommended Housing Trust Fund Annual Plan, utilizing the revenues of the Housing Trust Fund as well as any other funds the City Manager may propose as appropriate.
The Housing Trust Fund Annual Plan shall include:
(a) 
A description of all programs to be funded in part or in full by the Housing Trust Fund.
(b) 
A description of how funds from the Housing Trust Fund will be distributed among very-low-income, low-income and moderate-income households.
(c) 
The amount of funds budgeted for programs funded in part or in full from the Housing Trust Fund.
(d) 
Priority for the expenditure of funds collected pursuant to Subsection 6a[1] shall be given to the creation of new housing stock, through either new construction or conversion of nonresidential buildings to residential use.
[1]
Editor's Note: So in original.
(a) 
All distribution of principal, interest, or other assets of the Housing Trust Fund shall be made in furtherance of the public purposes set out in Section 6a.[1]
[1]
Editor's Note: So in original.
(b) 
During each year, the Housing Trust Fund shall disburse as grants or loans so much of the Housing Trust Fund's assets as the City Council in its discretion has approved in the Housing Trust Fund Annual Plan.
(c) 
Funds shall not be used for City administrative expenses.
(d) 
Funds shall not be used for property operating expenses or supporting services.
(e) 
No grants or loans shall be awarded by the Housing Trust Fund to corporations, partnerships, or individuals who are delinquent at the time of application in the payment of property taxes or other fees to the City of Biddeford, who have been convicted of arson, who have been convicted of discrimination in the sale or lease of housing under the fair housing laws of the State of Maine, or who have pending violations of current City electrical, plumbing, building, or housing codes or zoning ordinances.
(a) 
Whenever funds from the Housing Trust Fund are used for the acquisition, construction, or substantial rehabilitation of an affordable rental or cooperative unit, the City of Biddeford shall impose enforceable requirements on the owner of the housing unit that the unit remain affordable for the remaining life of the housing unit, assuming good-faith efforts by the owner to maintain the housing unit and rehabilitate it as necessary. The remaining life of the housing unit shall be presumed to be a minimum of 30 years.
(b) 
Whenever funds from the Housing Trust Fund are used for the acquisition, construction, or substantial rehabilitation of ownership housing, the City of Biddeford shall impose enforceable resale restrictions on the owner to keep the housing unit affordable for the longest feasible time, while maintaining an equitable balance between the interests of the owner and the interests of the City of Biddeford.
(c) 
The affordability restriction requirements described in this section shall run with the land, and the City of Biddeford shall develop appropriate procedures and documentation to enforce these requirements and shall record such documentation in the York County Registry of Deeds.