§ 157.135  ACQUISITION OF NONCONFORMING STRUCTURES BY CITY FOR REMOVAL; HEARING.
   (A)   The Planning Commission may from time to time recommend to the City Council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this ordinance, and the removal of that use or structure.  The Planning Commission shall submit its reasons and estimates of cost and expenses of the acquisition and removal of the nonconformity and probable resale price of the property to be acquired after removal of the nonconformity as obtained from the appropriate city department, board, or commission.  The Planning Commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconformity and the probable resale price which in its opinion should be assessed against a benefitted district.
   (B)   Whenever the City Council has under advertisement the acquisition by purchase, condemnation, or otherwise as provided by law of any nonconforming building, structure, or use, a preliminary public hearing thereon shall be held before the City Council.  Not less than 15 days before the hearing, a notice of time, place, and purpose of the public hearing shall be published in a paper circulating in the city and the City Clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of time, place, and purpose of the hearing.  If the cost and expense or any portion thereof is to be assessed to a special district, the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in that district, and addresses of those owners in the last assessment roll.  The City Clerk shall also send the notice to the respective owners in the tentative assessment district.
   (C)   Whenever the City Council, after a public hearing as required in the preceding section, shall declare by resolution that proceedings be instituted for the acquisition of any property on which is located a nonconforming building, structure, or use in accordance with the laws of the state, the City Charter, this ordinance, and other applicable ordinances of the city, the City Clerk shall send by registered mail a certified copy of the resolution to the respective owners of the properties and to the owners of the properties in any special assessment district, at the address given in the last assessment roll.
   (D)   Upon the passing of title to the private property so acquired as provided in the preceding section to the city, the City Council shall cause the discontinuance or removal of the nonconforming use or the removal, demolition, or remodeling of the nonconforming structure.  The City Council shall thereafter order the property sold or otherwise disposed of, but only for a conforming use.  The City Council shall confirm the cost and expense of the project and report any assessable cost to the City Assessor, who shall then prepare an assessment roll in the manner provided for in the City Charter, this code, and other applicable ordinance of the city.  Such an assessment roll may, in the discretion of the City Council, be in 1 or more but not to exceed 10 annual installments.