§ 38.37 ANNUAL REVIEW OF PETITIONS; FAILURE OF PETITIONER.
   (A)   Annual review of petitions by County Council.
      (1)   All property owners who receive approval of their real and/or personal property tax abatement requests as a result of the County Council’s action under this section shall be required to appear before the County Council. Such appearances shall take place at a County Council meeting following the petitioner’s filing of the first certified declaration application with the County Auditor, required by the State Board of Tax Commissioners, pursuant to I.C. 6-1.1-12.1-5.
      (2)   Additionally, the petitioner shall file with the County Council an annual report that shall include, but not be limited to, the following information:
         (a)   Completed compliance with the statement of benefits form;
         (b)   The name and address of the person(s) filing the report;
         (c)   The amount of real and/or personal property taxes paid for the property during the year before the property was declared as an Economic Revitalization Area, and during the most recent tax year; and
         (d)   The current number of part-time and full-time jobs, specifying whether permanent or temporary, and the number of such jobs as of the end of the year immediately prior to receiving tax abatement.
      (3)   A property owner who fails to file an annual report on, or before, March 1 may be subject to revocation of his or her tax abatement pursuant to the passage of this section.
      (4)   The County Council shall review the material presented by the petitioner in comparison to the information published by the County Auditor, as required by I.C. 6-1.1-12.1-8.
      (5)   The County Council shall specifically advise each property owner, in writing, as to whether subsequent appearances before the County Council shall be necessary. If such additional appearances are not required, the property owner shall be duly advised that his or her future annual reports may be mailed. Failure to mail such completed reports may result in revocation of the tax abatement by the County Council.
   (B)   Failure of petitioner; revocation of tax abatement.
      (1)   The county believes that the granting of a request for real and/or personal property tax abatement under the terms and conditions of this subchapter results in a contractual arrangement between the county and the property owner granted abatement.
      (2)   Therefore, a petitioner who fails to achieve the estimates set forth in his or her original petition for tax abatement consideration and his or her statement of benefits may have his or her tax abatement revoked by the County Council.
      (3)   A petitioner who fails to file his or her annual report and meet with the County Council, as required herein, may have the tax abatement revoked by the County Council.
      (4)   Petitioners who comply with the annual report and meeting requirements, but fail to provide evidence as to why they have not achieved the estimates set forth in their documents used by the County Council when granting the abatement, may have the tax abatement revoked by the County Council.
(Council Ord. 97-37, passed 10-7-1997)