(a) No later than February 15 of each year, the urban county government shall mail, by first class mail, to the owner or other party in interest as listed in the records of the property valuation administrator of each abandoned urban property, notice that the property has been classified as abandoned urban property pursuant to this article.
(b) The owner or other party in interest of any abandoned urban property who believes that the property has been incorrectly classified may appeal such classification to the vacant property review commission. Appeal to the vacant property review commission may only be made on the basis that the property was incorrectly classified as abandoned urban property in that it did not meet the criteria established in section 7-39 as of January 1 of that tax year. Such appeal shall be in writing, and must be received by the vacant property review commission within thirty (30) days of the date the notice was mailed.
(c) The vacant property review commission shall afford the owner the opportunity for a hearing upon the timely filing of an appeal. All such hearings shall be scheduled to conclude by no later than May 31 of each year.
(d) If the vacant property review commission finds that the property was incorrectly classified as an abandoned urban property, it shall cause the property to be removed from the list of properties so classified and will provide the division of revenue and the property valuation administrator with such changes so that they can be stricken for that tax year. In the event that an incorrectly classified property is not removed from the list of properties for that year, the owner may apply for and obtain a refund for any overpayment of the abandoned urban property tax for that tax year.
(e) The vacant property review commission shall develop policies and procedures for conducting such appeals consistent with section 12-91 of the Code of Ordinances, that at a minimum will provide the owner with at least ten (10) days' written notice before the scheduling of the appeal. The decision of the vacant property review commission on an appeal shall be a final action appealable to the Fayette County Circuit Court.
(Ord. No. 138-2009, § 1, 7-7-09)