It is the stated purpose of this article to bolster, support,
and sustain the various neighborhoods in the City through the elimination
of blighted properties as they are brought to the attention of the
City. The City and the Redevelopment Authority are to work jointly
to further the goal of eliminating blighted properties throughout
the City as is provided by the Urban Redevelopment Law. It is not
the intent of this section to remove blighted properties through other
avenues, although it should not be construed that this article prohibits
the use of alternative methods.
The Blighted Property Review Committee shall inspect and evaluate
certain properties brought to its attention which may be in a state
of blight. Blighted properties shall include any property meeting
any one or more of the criteria set forth in Section 12.1(c) of the
Urban Redevelopment Law. If the Committee finds that the property is indeed in
a state of blight, it shall serve notice by certified mail and first
class mail at the last known address of the property owner and post
a notice on the subject property that the premises have been found
to be in a blighted condition. A record of all notices shall be kept
with the property file. A photograph of the posting on the premises
shall suffice as record of posting. The notice shall include an order
to remove the conditions causing the blight as well as notice that
failure to remove such conditions could result in condemnation of
the property under the Urban Redevelopment Law.
The owner shall have the right of appeal from the findings in §
535-220 in the same manner as an appeal from the determination of a public nuisance.
Once the property has been declared a public nuisance and no
action has been taken to either timely appeal such a declaration or
to correct the blighted conditions, the property can be certified
as blighted in accordance with the following:
A. The Blighted Property Review Committee shall examine and inspect
the property to determine if a certification of blight is necessary.
If the certification is justified, the Committee shall make such a
certification and forward the property to the Planning Commission
for its review and certification.
B. The Planning Commission shall then also examine and inspect the property
to determine if a certification of blight is necessary. If the certification
is justified, the Commission shall make such a certification and forward
the property to the Redevelopment Authority. The Commission shall,
with its certification, also forward its recommendation as to the
appropriate reuse of the property and whether the disposition of the
property for residential or related use would not be in accord with
the Comprehensive Plan.
C. All properties certified as blighted must be vacant and must have cleared the procedures in §§
535-220 and
535-221 above before entering the process described in this section.
The Redevelopment Authority may remove the blight from the neighborhood
through one of two methods:
A. Agreement with the owner. The Redevelopment Authority or its designee
may enter into an agreement with the owner of the property to cause
either its rehabilitation or its demolition in order to eliminate
the blight from the neighborhood. Such agreements may include, but
are not limited to, a consent to raze or a proposal to rehabilitate.
B. Acquisition. The Redevelopment Authority may acquire the property
by any means given to it by law in order to remove the blight. Once
acquired, the Authority may clear the property, rehabilitate the property,
or cause the property to be cleared or rehabilitated. Once acquired,
the Authority shall have the responsibility to maintain the property
in accordance with all applicable City codes.
C. Limitations. The Redevelopment Authority may not exercise any power
under this section unless all the following are true:
(2)
The Planning Commission has issued its recommendation on the
appropriate reuse of the property.
(3)
The Planning Commission has certified that disposition of the
property for residential or related use is in accord with the Comprehensive
Plan. This certification is necessary only where acquisition is involved.
In the event the Redevelopment Authority acquires property under §
535-223B above, it shall redevelop the property through one of the following methods:
A. Contract. The Authority may enter into a contract to effect redevelopment
of the property in a specified manner, with the Authority retaining
ownership.
B. Operation. The Authority may retain ownership and operate and maintain
the property.
C. Lease. The Authority may enter into either a short- or long-term
lease with another entity to operate and maintain the property.
D. Disposition, outside of an urban renewal area. The Authority may sell the property. When selling property acquired under §
535-223B outside of a designated urban renewal area as described in Article
XXX, the Authority may enter into a sales agreement and attach any such conditions as it deems necessary to effect proper redevelopment of the property.
E. Disposition, inside of an urban renewal area. The Authority may sell the property. When selling property acquired under §
535-223B within a designated urban renewal area as described in Article
XXX, the Authority must enter into a redevelopment agreement with the buyer. Such agreement must conform to the requirements of the urban renewal area, and the form of such agreement must also be approved by City Council. Such property could also be redeveloped under Subsection
F below.
F. Incorporation into another project. Property acquired under §
535-223B can also be incorporated into an urban renewal proposal under Article
XXX or into an urban redevelopment program under Article
XXXI. In so doing, the property will be subject to the provisions set forth for the project into which the property is placed.