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§ 99.07 PROCEDURE.
   (A)   At the hearing required by § 99.05, the report of the Mayor or his or her designee shall be read and shall constitute prima facie evidence of blight on the premises and need for the city to acquire such premises in order to eliminate the blight and prevent recurrence of blight thereon. Thereafter, the owner, 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, person in charge of the premises or occupant may cause to be presented to the Council any records of the city pertaining to issues relevant to the hearing and may examine city employees in regard thereto; provided that the production of such records or the presence of such employees is requested by the owner, person in charge or occupant of the premises in writing at least 24 hours prior to the hearing.
   (B)   If the owner, person in charge or occupant of the premises does appear and present 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 Mayor or his or her designee shall proceed to present evidence to Council of the existence of blight on the premises and need to acquire the premises for elimination of the blight and the prevention of the recurrence of the blight thereon. Members of the public residing in the neighborhood or who may otherwise have knowledge of the condition of such premises may address the Council at the hearing in regard to the proposed action of the city.
   (C)   Council may adjourn the hearing, from time to time, and grant continuances to the Mayor or his or her designee, or the owner, person in charge or occupant of the premises, in order for them to present further argument or evidence 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.
(Ord. 15-2005, passed 3-16-05)
§ 99.09 LEGISLATIVE DETERMINATION.
   (A)   Council, upon completion of the hearing, shall at the same or a subsequent meeting, decide and make findings as to:
      (1)   Whether or not the premises are blighted in accordance with this chapter; and
      (2)   Whether or not it is necessary for the city to acquire the premises in order to eliminate blight thereon and to prevent the recurrence of blight.
   (B)   Should Council determine that the premises are not blighted as defined in this chapter, it may direct the Mayor or his or her designee to take action under any other provisions of this code or zoning code of the city in order to correct any illegal conditions on the premises.
   (C)   Should Council determine that the premises are blighted but that it is not necessary for the city to acquire the premises in order to eliminate the blight and prevent its recurrence in the future, it may direct the Mayor or his or her designee to take appropriate action in regard thereto short of acquisition.
   (D)   If Council finds that the premises are blighted as defined in this chapter and that acquisition by the city is necessary in order to eliminate the blight and prevent the recurrence of blight on the premises, the Mayor or his or her designee shall be and hereby is authorized to proceed to take the proper action to acquire the premises, eliminate the blight and prevent the recurrence of blight in accordance with the provisions of this chapter.
(Ord. 15-2005, passed 3-16-05)
§ 99.11 ACQUISITION AND BLIGHT ELIMINATION BY MAYOR.
   Upon determination of Council that premises are blighted and that acquisition by the city is necessary in order to eliminate the blight and prevent recurrence of blight upon the premises, the Mayor or his or her designee is hereby authorized to:
   (A)   Acquire the premises by purchase; or
   (B)   Acquire the premises by court action exercising the constitutional right of eminent domain.
   (C)   After acquisition, to eliminate the blight by:
      (1)   Demolition and clearance of the premises by an independent contractor or city forces, or clearance if demolition of structures is not necessary; or
      (2)   Rehabilitation by an independent contractor or by city forces; or
      (3)   Sale of the blighted premises to a purchaser upon terms providing for the elimination of the blight and prevention of its recurrence; or
      (4)   Sale of the premises after demolition and clearance (if not needed for municipal purposes) for use or development in accordance with applicable Springdale Municipal Code and zoning code provisions; or
      (5)   Any combination of the above provisions.
(Ord. 15-2005, passed 3-16-05)
§ 99.13 TERMS OF SALE; PROHIBITION OF RECURRENCE OF BLIGHT.
   (A)   Premises sold under the provisions of this chapter shall provide in the instrument of conveyance that the purchaser, successors and assigns shall rehabilitate or develop the premises in accordance with all applicable Springdale Municipal Code, and zoning code regulations of the city and shall henceforth use the premises in accordance with all applicable provisions of the zoning code of the city and the Springdale Municipal Code and shall eliminate any blight thereon and prevent the recurrence of blight. Such provisions shall be both covenants and conditions of the conveyance and the instrument of conveyance shall further provide for reversion to the city if blight does recur upon the premises or the use, development or rehabilitation thereof is not carried out in accordance with the terms of the conveyance and the provisions of the zoning code of the city and the Springdale Municipal Code and shall provide for a right of immediate re-entry by the city in such event.
   (B)   The Mayor or his or her designee is hereby authorized to negotiate for the sale of premises acquired under the provisions of this chapter which are not to be retained by the city. No land shall be sold by the Mayor or his or her designee except pursuant to a special ordinance of Council authorizing such sale, which ordinance shall prescribe in detail the terms and conditions upon which such sale is to be made and the covenants to be contained in the deed from the city to the redeveloper.
(Ord. 15-2005, passed 3-16-05)
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