CHAPTER XIII. PUBLIC PROPERTYCHAPTER XIII. PUBLIC PROPERTY\ARTICLE 4. LEASING CITY PROPERTY

All leases of real estate owned by the City of Anthony shall be for a term of one year unless otherwise specified in the lease. Such leases shall not be transferable, and shall not be sublet or rented. All leases shall be recorded in the office of the city, and only such duly recorded leases and lessees shall be considered as valid leases and lessees. No mortgage or mechanics lien shall be recognized by the city unless a copy thereof is filed in the city clerk’s office.

(Ord. 2589, Sec. 1)

Any person holding a valid lease of real estate owned by the city and desiring to dispose of said lease, shall submit such lease to the governing body of the city, together with a request that a new lease be issued to a party of his or her choice. The governing body shall have a period of 15 days to act on such request and shall take into consideration other applications for this lease, and other uses to which the property might be put. No transfer of a lease by a leaseholder shall be valid without the consent of the governing body and the issuance of a new lease to the transferee. Consent to transfer shall not be withheld without reason.

(Ord. 2589, Sec. 2)

Any person occupying or using any real estate owned by the city shall, upon request, submit to the governing body of the city, or its agents, written evidence of the right to occupy or use such property.

(Ord. 2589, Sec. 3)

The lease of any lessee of city property, found in violation of this article, shall be automatically cancelled and the lessee shall give peaceful possession to the city. However, if the holder of a mortgage or a mechanics lien, filed as provided in section 13-401, within 60 days of being notified in writing of the violation and cancellation, shall abate the violation, the lease shall be reinstated with the abating mortgagee or lienholder owning the same, but without the right to occupy except to repair and maintain the premises. Said lessee may transfer the lease as provided in section 13-402. Should a mortgagee or lienholder foreclose the mortgage on lien, only a person who shall have received approval as a lease holder from the governing body may be the successful purchaser at a judicial sale.

(Ord. 2589, Sec. 5)

Nothing in this article shall prohibit the lessee of city owned property from using that property for ordinary and temporary guest privileges.

(Ord. 2589, Sec. 7)

Any person or persons using or occupying city property who shall be in violation of this article or shall fail to comply with any of the provisions of this article shall be guilty of a misdemeanor and on conviction thereof shall be subject to a fine of not less than $50.00 nor more than $200.00, and each day of continued violation commencing 10 days after notice is given shall constitute a separate offense.

(Ord. 2589, Sec. 4)