A. On the date specified by the common council, the common council shall conduct a hearing for purposes of considering the applicant's compliance with the statement of benefits form. Based upon the information presented at the hearing by the applicant and other interested parties, the council shall then determine whether the applicant has made reasonable efforts to substantially comply with the statement of benefits form and whether any failure to substantially comply was caused by factors beyond the control of the applicant. If the council determines that the applicant has not made reasonable efforts to comply with the statement of benefits form, the council shall pass a resolution seeking the termination of the applicant's deduction under Section 3 or Section 4.5 of Indiana Code, 6-1.1—12.1-1 et seq. Should the common council adopt such resolution, the applicant's deduction will not apply in the next installment of property taxes owed by the property owner or applicant or to any subsequent installment of property taxes on the specific real property or personal property that was the subject of the deduction.
B. Upon passage of such resolution terminating a deduction, the common council, through the office of the city controller, shall immediately mail a certified copy of the resolution to:
1. The property owner;
2. The applicant;
3. The county auditor; and
4. The State Board of Tax Commissioners if the deduction is granted under Section 4.5 of Indiana Code, 6-1.1-12.1-1.
C. The property owner and/or applicant seeking such deduction that has been terminated as a result of the action of the common council, shall have any and all remedies available for review of the decision as provided by Indiana Code, 6-1.1—12.1-5.9 and all such amendments thereto. (Ord. 33-2023, 2023; Ord. 92-34 (part), 1992; Ord. 92-7 §§ 10 — 12, 1992)