The Building Official, from time to time, may recommend to the City Council the acquisition of private property for the purpose of removal of nonconformities. Where acquisition is contemplated, the following procedures shall be followed.
(A) Building Department documentation and recommendation. The Building Department shall prepare a report for City Council, which shall include the following.
(1) A list of ordinance requirements which the subject property does not conform to.
(2) Estimates of the expense of acquisition and removal of the nonconformities.
(3) Estimates of the probable resale price of the property.
(4) Recommendations concerning the allocation of costs to the surrounding district.
(B) City Council consideration.
(1) Public hearing. After receiving and reviewing the report from the Building Official, the City Council shall determine if acquisition should be pursued. If the Council decides to pursue acquisition, then it shall first set a public hearing. Not less than 15 days prior to the public hearing, notice of the time, place, and purpose of the public hearing shall be published in the official newspaper of the city, and sent by mail to the owners of property for which acquisition is being considered. The notice shall be sent to the owner's address as stated in the latest assessment roll.
(2) Special assessment. If any or all of the expense related to acquisition of the subject property is assessed to a special district, then the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and tentative plan of assessment. The names and addresses of the owners of property located in the district (as stated in the latest assessment roll) shall be provided to City Council. Notice of the time, place, and purpose of the public hearing shall be sent by mail to the owners of property located in the tentative special assessment district.
(3) City Council determination. If, following the public hearing, the City Council finds that elimination of the nonconforming use or structure would be for a public purpose and for a public use, then it shall declare by resolution that the city shall proceed to acquire the nonconforming use or structure in accordance with the laws of the state, the city Charter, and applicable ordinances of the city. The City Clerk shall send by registered mail a certified copy of the City Council resolution to the owners of property to be acquired, and to owners of property in any special assessment district, at the addresses stated in the latest assessment roll.
(C) Removal of nonconformity. Upon passing of title of the property so acquired by the city, the City Council shall cause the discontinuance or removal of the nonconforming use, or the removal, demolition or remodeling of the nonconforming building or structure.
(D) Disposition of property. The City Council may thereafter elect to retain all or part of the property so acquired for municipal purposes. If acquisition costs and expenses are to be assessed against a special district, the amount to be assessed shall be reduced by the market value of the property retained for municipal use, as determined by the City Assessor. The City Council shall thereafter order the sale of the portion of the property not retained for municipal purposes, but only for use in conformance with this chapter. The City Council shall confirm the 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 and Chapter 41 of this Code. Such an assessment may, at the discretion of the City Council, be paid in one or more, but not to exceed ten, annual installments.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999