(a) Council, before approving legislation to eliminate blight, shall hold a public hearing at which an opportunity shall be provided to all persons interested to be heard either in person or by counsel, which hearing may be adjourned from time to time. Notice of the date, time and place of such hearing will be given by: posting the notice thereon on the premises; or mailing such order or notice to the last known address of the owner or owners of record of the premise or the persons in charge of the premises or to the occupant(s) thereof or published in a newspaper of general circulation in the City once a week for two consecutive weeks on the same day of the week, and at least seven full days shall elapse between the second publication and the date set for the public hearing.
(b) At the public hearing, the legislation shall be read and shall constitute prima facie evidence of blight on the premises and the need for the City to acquire such premises in order to eliminate the blight and prevent recurrence of blight thereon. Thereafter, the owner or owners, person in charge, occupant of the premises or any person having an interest therein, may proceed to show cause why the premises should not be declared blighted or the City should not acquire said premises for the purposes of eliminating blight or preventing its recurrence. At the hearing, the owner or owners, person in charge of premises or occupant may cause to be presented at the hearing any records of the City pertaining to issues relevant to the hearing any may examine City employees in regard thereto, provided that the production of such records or the presence of such employees is required by the owner or owners, person in charge or occupant or the premises in writing at least 24 hours prior to the hearing.
(c) If the owner or owners, person in charge or occupant of the premises does appear and presents testimony for the purpose of showing cause why the premises should not be declared blighted or the City should not acquire the premises for the purposes of eliminating the blight and preventing recurrence of blight, the Director or Commissioner or their respective designated representatives shall proceed to present evidence at the hearing of the existence of blight on the premises and the need to acquire the premises for the elimination of the blight thereon. Members of the general public residing in the neighborhood or who may otherwise have knowledge of the condition of such premises may present testimony or other evidence at the hearing. The hearing may be adjourned and continuances granted in order that further argument or evidence can be presented in regard to the existence of blight on the premises or the need for the City to acquire the premises in order to eliminate blight or prevent the recurrence of blight thereon.
(d) Following the completion of such public hearing, Council may either approve or reject such legislation calling for the elimination of spot blight.
(e) The ordinance of Council approving the elimination of spot blight shall include the following findings:
(1) Specific findings of fact as to the conditions of the premises which make it a blighted, deteriorated or deteriorating;
(2) That the elimination of the blighted premises will afford opportunity consistent with the sound needs of the community as a whole for the rehabilitation or redevelopment of the neighborhood.
(f) The Clerk of Council shall certify as true and correct and deliver to the Mayor a copy of the aforesaid ordinance of Council and any documents which were submitted to Council to support findings made in the ordinance shall be filed with a copy of the ordinance.
(g) The taking effect of the ordinance approving the elimination of blight premises shall constitute authority to spend moneys of the City appropriated for carrying out such action, and to accept advances, gifts, donations, and grants from the Federal government, the State, any entity, instrumentality, or subdivision of either, or from any other entity or person for such purpose.
(Ord. 36-04. Passed 5-3-04.)