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(A) When the city's Director of Codes Enforcement considers any property within the city to be blighted or deteriorated, the Director shall give to the owner of the property a Notice and Order setting forth the conditions of the property which are in violation of local codes or law and a time period for the correction and abatement of such conditions. Such Notice and Order shall further state that the property is deemed to be blighted or deteriorated within the meaning of this chapter and that the failure to make correction and abatement within the time period set forth will result in the referral of the matter to the Vacant Property Review Commission for further proceedings in conformity with this chapter.
(B) If the conditions set forth in the Director's Notice and Order are not in full corrected and abated within the time period therein set forth, the Director shall:
(1) Place the matter on the agendas for the next workshop and formal meeting of the city's Planning and Zoning Commission for that body's determination of whether the reuse of the property for residential and related uses is in keeping with the city's comprehensive plan;
(2) If the Planning and Zoning Commission shall determine that the reuse of the property for residential and related uses is in keeping with the city's comprehensive plan, the Director shall convene a meeting of the Vacant Property Review Commission for the purpose of that body's consideration of whether the property is blighted or deteriorated. The Director shall notify the owner of the time, date, and location of the meeting and shall advise the City Clerk of the meeting so as to permit the Clerk to make due advertisement of the meeting as may be required by applicable law.
(C) If after consideration of the evidence adduced before it at such meeting the Commission shall, by a preponderance of the evidence, find that the property is vacant and blighted or deteriorated within the meaning of this chapter, the Commission shall notify the owner of the property or a designated agent that a determination of blight or deterioration has been made and that failure to eliminate the conditions causing same shall render the property subject to condemnation by the city. Such notice shall describe the conditions that render the property blighted or deteriorated and shall demand correction and abatement of the conditions within 90 days of the receipt of such notice. An extension of the 90-day period may be granted by the Commission if it is demonstrated to the satisfaction of the Commission that such period is insufficient to correct the conditions cited in the notice.
(D) (1) If correction and abatement in full shall not have been effected within such period of time as the Commission shall have determined as above set forth, the Commission shall certify to the city's Board of Commissioners that the property is blighted or deteriorated. Such certification shall further set forth the Commission's determination that:
(a) The owner of the property or designated agent has been sent a Notice and Order by the Director to eliminate the conditions which are in violation of local codes or law within a time certain, that such Notice and Order further set forth that the property is deemed to be blighted or deteriorated within the meaning of this chapter and that the failure to make correction and abatement would result in the matter being referred to the Vacant Property Review Commission for further proceedings in conformity with this chapter;
(b) The conditions set forth in the Notice and Order were not corrected and abated within the time period therein set forth;
(c) The property is vacant;
(d) The Commission has notified the property owner or designated agent that the property has been determined to be blighted or deteriorated and the time period for correction of such condition granted by the Commission has expired and the property owner or agent has failed to comply with the notice; and
(e) The Planning and Zoning Commission has determined that the reuse of the property for residential and related use is in keeping with the city's comprehensive plan.
(2) The certification and findings required by this section shall be in writing signed by the chairperson of the Commission and included in the Commission's report to the city's Board of Commissioners.
(E) Notice which may be, or is required to be, given under the terms of this chapter shall be in writing and sent via first class mail, sufficient postage prepaid, and certified, return receipt requested, and a copy of any such notice shall further be posted in a conspicuous place on the property affected. Unless the owner of the property in question shall have notified the Director otherwise, the identity of the owner and the owner's mailing address shall be conclusively presumed to be as appear as such in the records maintained in the office of the Madison County Property Valuation Administrator. Notice given in accordance with the foregoing shall be deemed effective on the date of receipt; provided, however, that same shall conclusively be deemed to have been received not later than the fifth business day following the date when same was delivered to the post office.
(Ord. 07-35, passed 11-13-07)