(A) The City Planning Commission may from time to time recommend to the City Council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of various districts defined in this chapter and the removal of such use or structure.
(B) The City Planning Commission shall submit its reasons and estimates of cost and expense of such acquisition and removal of the nonconformity and probable resale price of the property to be acquired after removal of the nonconformity as obtained from the appropriate city department, board, or commission. The City Planning Commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconformity and the probable resale price which in its opinion should be either paid from the city’s General Fund or assessed against a benefitted district.
(C) Whenever the City Council has under advisement the acquisition by purchase, condemnation, or otherwise as provided by law of any nonconforming building, structure, or use, a preliminary public hearing thereon shall be held before the City Council. Not less than 15 days before the hearing, a notice of time, place and purpose of such public hearing shall be published in a paper circulating in the city and the City Clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of time, place, and purpose of such hearing. If the cost and expense or any portion thereof is to be assessed to a special district, the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in such district and addresses of such owners in the last assessment roll. The City Clerk shall also send the notice to the respective owners in the tentative assessment district.
(D) Whenever the City Council, after a public hearing as required in division (C) above, shall declare by resolution that proceedings be instituted for the acquisition of any property on which is located a nonconforming building, structure, or use in accordance with the laws of the state, the Charter, this chapter, and other applicable ordinances of the city, the City Clerk shall send by mail a certified copy of such resolution to the respective owners of the properties and to the owners of the properties in any special assessment district, if such method of financing is selected by the City Council, at the address given in the last assessment roll.
(E) Upon passing of the title to the private property so acquired as provided in division (D) above to the city, the City Council shall cause the discontinuance or removal of the nonconforming use or the removal, demolition, or remodeling of the nonconforming structure. The City Council shall thereafter order such property sold or otherwise disposed of, but only for a conforming use. If a special assessment district has been created for this particular acquisition, the City Council shall confirm the cost and expense of such project and report any assessable cost to the City Assessor who shall then prepare an assessment roll in the manner provided for in the Charter, code, and other applicable ordinances of the city. Such assessment roll may, in the discretion of the City Council, be in one or more but not to exceed five annual installments.
(Prior Code, § 153.100) (Ord. D-1418, § 511, passed 11-22-1982, effective 1-21-1983)