No apartment house or multiple-family use in the City shall be converted into a condominium for the sale of individual condominium units as otherwise permitted under various applicable condominium laws until and unless the owner or developer shall have complied with the following regulations and no certificate of occupancy shall be given to any purchaser of a condominium unit until the owner or developer converting to condominiums has fully complied herewith:

   (a)   The owner or developer shall submit written notice to the Planning Commission of the owner's intention to convert to the condominium units and shall appear before the Planning Commission which shall determine whether any violations of the Planning and Zoning Code exist upon the premises; whether any variances have been or are required to be granted for the premises; whether there is compliance with the Building Code, Fire Code and other applicable laws and whether any proposed changes in use, occupancy, parking, traffic, or other Planning and Zoning Code criteria will be violated.

   (b)   Any variance which has been previously granted for the existing apartment house or multiple-family use, is hereby declared nontransferable to condominium buyers, unless the Planning Commission after study of the proposed usage shall recommend any variance to Council and provided that Council agrees to approve any variance or any modification thereof for the proposed condominium conversion use.

   (c)   Upon receipt of reports from the Building Commissioner, the Chief of the Fire Department, the City Engineer, the Police Chief and other department heads with such additional information as the Planning Commission may require, the Commission shall approve and recommend to Council the condominium conversion upon the finding of compliance with all applicable City and State laws including but not limited to the provisions of this chapter.

(1982 Code, § 1116.01) (Ord. 82-50. Passed 10-4-1982.)

   (a)   All tenants, except those in default of their lease, whose premises are to be converted to condominium units shall be offered an option by the owner or developer, exercisable within not less than four months after notice from the owner or developer to purchase a condominium unit in the development.

   (b)   Should the tenant not purchase a suite such tenant shall have a minimum of four months, but not less than one month for each twelve months that such persons have been tenants therein, nor less than ten months if a tenant is over 65 years of age, to vacate after the option notice is mailed or delivered. In no event shall the time required herein terminate prior to the expiration of the tenant's existing lease.

   (c)   The notice from the owner or developer may be issued only after Council has approved the conversion pursuant to Section 1268.01(b). This section shall apply to evictions instituted in connection with converting an apartment or apartment building into a condominium development.

   (d)   "Tenant" means a family unit or an individual.

(1982 Code, § 1116.02) (Ord. 82-50. Passed 10-4-1982.)