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[Amended 8-10-2009 by Ord. No. 42-2009; 3-22-2010 by Ord. No. 10-2010; 12-27-2010 by Ord. No. 108-2010]
The Blighted Property Review Committee and the Planning Commission, upon making a determination that any property is blighted as defined in § 23-904, above, must certify said blighted property to the Redevelopment Authority except that:
A. No property shall be certified to the Redevelopment Authority unless it is vacant or abandoned.
B. No property shall be certified to the Redevelopment Authority unless the owner of the property or an agent designated by him for the receipt of service of notices has been served with notice of the determination that the property is blighted, together with an appropriate order to eliminate the conditions causing blight and notification that failure to do so may render the property subject to condemnation. The notice shall be served upon the owner or his agent.
(1) Procedure. Whenever the Committee shall determine, after such examination, investigation or hearing as shall suffice to inform its judgment, that a public nuisance exists or is about to exist, it may order the nuisance to be removed, abated, suspended, altered, or otherwise prevented or avoided. Notice of such order, bearing the official title of the Committee and the number of days for compliance therewith and the alternative remedy of the Committee in case of noncompliance, shall be served upon the person, if any, whom the Committee deems responsible therefor or concerned therein, and upon the owner or abutting owner of the land, premises or other places whereon such a nuisance is or is about to be, if any. In case no such party or parties can be discovered by the Committee, the order shall be served by posting a copy or copies thereof conspicuously upon the premises for a period of at least 10 days.
(2) Contents of notice. The notice of the Committee's order shall clearly specify:
(a) The place and manner of the nuisance or anticipated nuisance as determined by the Committee.
(b) The nature or condition thereof.
(c) The Committee's order with respect to the nuisance or anticipated nuisance.
(d) The name of the persons found by the Committee to be responsible therefor or concerned therewith and the name of the owner, if any, of the land or premises involved; in the event the owner or contact cannot be determined, said notice shall reflect this.
(e) The date of the Committee's order and the number of days there from allowed for compliance with it.
(f) The alternative remedy of the Committee in case of noncompliance.
(g) The signature of the Chair of the Committee, attested by the Secretary.
(3) Hearing and disposition.
(a) If any person affected thereby shall apply for a hearing within the time provided, the Committee shall promptly notify all interested parties of the time and place of the hearing.
(b) The Committee shall enter upon its minutes such facts and proofs as it may receive, and its proceedings on such hearing and thereafter may rescind, modify or reaffirm its order and require execution of the original or of a new or modified order, as it shall determine and direct.
C. No blighted property shall be certified to the Redevelopment Authority on which more than 10 dwelling units can be constructed under existing zoning regulations.