CHAPTER 1232: URBAN RENEWAL
Section
   1232.01   Intent
   1232.02   Definitions
   1232.03   Authority of Mayor
   1232.04   Contents of urban renewal or redevelopment plans
   1232.05   Submission of plans to Planning Commission
   1232.06   Action by Council; hearings, notice
   1232.07   Modification of plan
   1232.08   Prosecution of plan
   1232.09   Property exempt from taxes and from levy and sale by virtue of execution
   1232.10   Separability; conflict of laws
Cross-reference:
   Community Improvement Corporation, see Ch. 240
   Community Reinvestment Areas, see Ch. 1230
   Planned Development Districts, see Ch. 1272
Statutory reference:
   Appropriation of property, see Ohio Const. Art. I, § 19; Art. XVIII, §§ 10 and 11
   Community Redevelopment Corporations, see Ohio R.C. Chapter 1728
   Power to transfer or convey real property without bids, see Ohio R.C. 721.28
   Procedure for appropriation of property, see Ohio R.C. Chapters 163 and 719
   Urban Renewal Debt Retirement Fund, see Ohio R.C. Chapter 725
§ 1232.01 INTENT.
   (A)   There exist in the city blighted areas of a nature defined in this chapter, which areas constitute a serious and growing problem injurious and inimical to the health, safety, morals and general welfare of the residents thereof. The existence of such areas:
      (1)   Contributes substantially and increasingly to losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, execution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection and for other public services and facilities;
      (2)   Constitutes an economic and social liability; and
      (3)   Substantially impairs and arrests the sound growth of the community.
   (B)   This problem is beyond remedy and control solely by regulatory processes and the ordinary operation of private enterprise without the aids provided in this chapter. The elimination in whole or in part of blighted areas, the acquisition and preparation of land in, or necessary to, the redevelopment of those areas and its sale, lease or other disposition for development or redevelopment in accordance with the redevelopment plans of the city, and any assistance which may be given in connection therewith, are public uses and purposes for which public money may be expended and private property acquired by purchase, by donation and by eminent domain and are governmental functions of concern to the city.
   (C)   The necessity, in the public interest and general welfare, for this chapter is hereby declared to be a matter of legislative determination.
(`82 Code, § 1232.01) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
§ 1232.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BLIGHTED AREA. An area within the municipal corporation which by reason of the presence of a substantial number of slums, deteriorated or deteriorating structures, predominance of defective or inadequate street layout, faulty lot layout in relation to size, adequacy, accessibility, or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land, defective or unusual conditions to title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of the city, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use.
   DEVELOPMENT AGREEMENT.  
      (1)   An agreement that includes at least the following agreements between the city as obliges and the following parties as obligors:
         (a)   An agreement to construct or rehabilitate the structures and facilities described in the development agreement on real property described in the agreement situated, the obligor of such agreement to be a party determined by the City Council to have the ability to perform the agreement;
         (b)   An agreement whereby the owners of the improvements to be constructed or rehabilitated agree to make any required urban renewal service payments in lieu of taxes as may be required by the city regarding the portion of the assessed valuation of the improvements declared by the City Council to be a public purpose;
         (c)   An agreement whereby the owners of the fee simple of the real property to which the development agreement pertains, agree as obligor that the owners shall use, develop, and redevelop the real property in accordance with, the urban renewal plan such obligation to be binding upon such owners and their successors and assigns.
      (2)   The city, on behalf of the holders of any urban renewal bonds issued pursuant to any urban renewal project, may be the obligor of any of the agreements described above.
   PROJECT AREA. A blighted area or part thereof which Council designates as appropriate for an urban renewal or redevelopment project.
   REDEVELOPER. Any person, firm or public corporation purchasing or leasing property in a project area from the city for use in accordance with the urban renewal or redevelopment plan.
   SLUM AREA. An area within the municipal corporation in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or existence of conditions which endanger life or property, by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to public health, safety, morals, or welfare.
   URBAN RENEWAL or REDEVELOPMENT. Undertakings and activities of the city in an urban renewal area for the elimination and the prevention of the development or spread of slums or blight, which may involve slum clearance and redevelopment, may involve rehabilitation or conservation in an urban renewal area, or any combination or part thereof, in accordance with an urban renewal plan, and such activities may include acquisition of a slum area or a blighted area, or any portion thereof, the demolition and removal of buildings and improvements; installation, construction, or reconstruction of streets, utilities, parks, playgrounds, public buildings and facilities, including sidewalks and public parking areas, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives in accordance with the urban renewal plan, disposition of any property acquired in the urban renewal area, including sale, leasing, or retention by the city itself, at its fair value for uses in accordance with the urban renewal plan; carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; the acquisition, construction, enlargement, improvement, or equipment of property, structures, equipment, or facilities for industry, commerce, distribution, or research from the proceeds of urban renewal bonds issued pursuant to the Codified Ordinances of the City of Reading or Ohio R.C. Chapter 725; and the acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete, and other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land needed for public facilities.
   URBAN RENEWAL or REDEVELOPMENT PLAN. A plan, as it exists from time to time, for an urban renewal project, which shall be sufficiently complete to indicate such land acquisition, demolition, removal of structures, redevelopment, improvements, rehabilitation as may be proposed to be carried out in the urban renewal area, zoning, and planning changes, if any, land uses, maximum densities, and building requirements.
   URBAN RENEWAL BONDS. Bonds, receipts, notes, and any urban renewal refunding bonds issued pursuant to the authority of the Codified Ordinances of the City of Reading and Ohio R.C. Chapter 725, to be used for the purposes specified in Ohio R.C. Chapter 725.
   URBAN RENEWAL DEBT RETIREMENT FUND. A fund created pursuant to the provisions of this chapter and pursuant to Ohio R.C. Chapter 725 by the City Council when it authorizes urban renewal bonds to be used for the payment of the principal and interest on such bonds, trustee fees and other costs and expenses of providing for the issuance of such bonds, used for the purposes of funding urban renewal projects.
(`82 Code, § 1232.02) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94; Am. Ord. 98-48, passed 7-7-98)
§ 1232.03 AUTHORITY OF MAYOR.
   The Mayor is hereby designated as the agent of the city for urban renewal and redevelopment and shall execute and administer urban renewal or redevelopment projects authorized by Council. He or she shall cause the necessary studies, plans and surveys in connection with such projects to be undertaken and shall cause an urban renewal or redevelopment plan to be prepared covering each project area of the city designated by Council. The Mayor may further cause a plan for the relocation of displaced families to be prepared.
(`82 Code, § 1232.03) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
§ 1232.04 CONTENTS OF URBAN RENEWAL OR REDEVELOPMENT PLANS.
   An urban renewal or redevelopment plan shall include, but not be limited to, the following:
   (A)   A description of the boundaries of the project area;
   (B)   A land use plan showing the location, character and extent of public and private land ownership, use and occupancy proposed in the area;
   (C)   A statement showing the standards of population densities, land coverage and building intensities in the area after the redevelopment, if the proposed uses are residential;
   (D)   A definition of the areas of land acquisition, and such demolition and removal of structures as may be proposed to be carried out in the project area;
   (E)   A statement of the relationship of the plan to definite objectives of the city respecting appropriate land uses, improved traffic conditions and transportation, public utilities, recreation and community facilities and other public improvements;
   (F)   A statement indicating the control, use and development restrictions to be placed on property in the project area to prevent a recurrence of blighting conditions; and
   (G)   A financial plan indicating the resources for the public costs of the project.
(`82 Code, § 1232.04) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
§ 1232.05 SUBMISSION OF PLAN TO PLANNING COMMISSION.
   Prior to its approval of an urban renewal or redevelopment plan, Council shall submit such plan to the Planning Commission for review and recommendations. The Commission shall submit its written recommendations with respect to the proposed urban renewal or redevelopment plan to Council within 30 days after receipt of the plan for review. Upon receipt of the recommendations of the Commission, or, if no recommendations are received within such 30 days, then without such recommendations, Council may proceed to give notice of the hearing on the proposed urban renewal or redevelopment plan as provided in § 1232.06.
(`82 Code, § 1232.05) (Ord. 86-77, passed 10-7-86; Am. Ord. 94-79, passed 8-16-94)
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