(A) Upon receiving a Compliance with Statement of Benefits form from a property owner (Form CF-1), the Town Council shall, as soon as possible, cause an investigation into the facts to determine whether or not the property owner has substantially complied with the Statement of Benefits.
(B) The person(s) or entities named by the Town Council shall make the investigation and shall verify the appropriate information to determine whether or not the property owner is in substantial compliance, maintaining confidentiality required as to certain specific information, of which release to the public at large would compromise the property owner’s operation.
(C) The person(s) or entities making the investigation shall advise the Town Council of their findings and advise the Town Council of a recommended course of action.
(D) Within 45 days of receiving the Compliance with Statement of Benefits from a property owner (Form CF-1), and in the event that the Town Council determines that the property owner is in substantial compliance, Town Council may complete the CF-1 form, indicating the compliance.
(E) Within 45 days of receiving the Compliance with Statement of Benefits form from a property owner (Form CF-1), and in the event that the Town Council determines that the property owner is not in substantial compliance, the property owner shall be provided written notice pursuant to I.C. 6-1.1-12.1-5.9. The notice shall include the reasons for the determination and the date, time, and place of a hearing to be conducted by the Town Council. If a notice is mailed to a property owner for new manufacturing equipment, a copy of the written notice shall be sent to the State Board of Tax Commissioners.
(F) At any hearing held pursuant to division (E) above, the Town Council shall conduct the hearing for the purpose(s) set forth and in conformance with I.C. 6-1.1-12.1-5.9.
(G) Based on the information presented at the aforementioned hearing, the Town Council shall determine whether or not the property owner has made reasonable effort to substantially comply with the Statement of Benefits.
(H) In the event that the Town Council determines that the property owner has not made reasonable effort to comply with the Statement of Benefits, the Town Council shall adopt a resolution terminating the property owner’s deduction. The Town Council shall mail a certified copy of the resolution to: the property owner; the County Auditor; and the State Board of Tax Commissioners if the deduction was granted under I.C. 6-1.1-12.1-4.5.
(Ord. 3-1999, passed 8-2-1999)