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For the purpose of this chapter the words and phrases defined herein shall have the meanings respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(a) "Blighted premises" means premises which because of their age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or any combination thereof constitute a serious fire hazard, a serious health hazard, a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood or a factor seriously depreciating property values in the neighborhood.
(b) "Neighborhood" means an area of the City comprised of all premises or parcels of land which in whole or in part are located within a radius of 500 feet of any one parcel or lot within the City.
(c) "Redevelopment" means the acquisition of blighted premises, the demolition of a structure or structures thereon, the making of site improvements, including the construction or reconstruction of structures thereon, or the sale of property for use in accordance with the Zoning or Building Code of the City. Redevelopment may include the construction or improvement by the City of any buildings for public use or for resale to private persons.
(d) "Rehabilitation" means the restoration, rehabilitation or conservation of blighted premises by improvement, modernization or repair of a structure or structures thereon to bring it into conformance with applicable building and zoning provisions of the City.
(Ord. 12-2012. Passed 10-15-12.)
The City Manager shall present to City Council, from time to time, a report which shall list therein the location and ownership of premises which he/she has reason to believe are blighted premises as defined in Section 1193.02(a), and which are located in the City outside of urban renewal areas or "blighted areas" as defined in Chapter 1191. The report will state briefly the factors which, in the City Manager's opinion, would warrant the determination that the premises so listed in the report are blighted.
The premises so listed in the report shall be only those blighted premises which, in the opinion of the City Manager, are such that, in order to eliminate the existing blight and to prevent future blight, acquisition thereof will be necessary for one or more of the following reasons:
(a) The owner of the premises cannot or will not:
(1) Eliminate the blighted condition, and/or
(2) Prevent recurrence of blight; or
(b) The owner has not responded to a lawful order by the City for him to take action to eliminate its recurrence within thirty days after due notice of the request or order has been given him by:
(1) Posting such order or notice on the premises; or
(2) Personal delivery; or
(3) Mailing such order or notice to the last known address of the owner; or
(4) Publishing once a week for three consecutive weeks in a newspaper of general circulation a notice of the issuance of the order relating to the premises and directing the owner to contact the City Manager in regard to such order; and
(c) Direct action, short of acquisition by the City to eliminate the blight, including but not limited to clearing the premises of the debris, demolition of blighted structures, or barricading such structure has proved to be unsuccessful:
(1) To eliminate the blight; or
(2) To prevent its recurrence; or
(d) In the opinion of the City Manager, based upon conditions existing on the premises and in the neighborhood, such direct action would be likely to prove inadequate to eliminate blight or prevent the recurrence.
(Ord. 12-2012. Passed 10-15-12.)
Upon receipt of a report from the City Manager, City Council shall set a date for a public hearing in regard to the existence of blight on the premises and necessity for acquisition by the City in order to eliminate blight and prevent the recurrence thereof. Such hearing shall be held not less than thirty nor more than forty-five days from the time such report of the City Manager is received. Upon the fixing of a day for a public hearing, the Clerk of Council shall promptly cause notice to be given to the owner or owners of record of the premises and the occupants thereof, if any, or the person in charge of such premises, if any, notifying them of the time and place of the hearing and apprising them of their right to appear at such hearing to show cause why the premises should not be declared to be blighted or why the City should not acquire such premises for the purpose of eliminating blight thereon and preventing the recurrence of blight. Notice of such hearing shall be given by:
(a) Posting the notice thereof on the premises; or
(b) Personal service; or
(c) Mailing such order or notice to the last known address of the owner or person in charge of the premises or to the occupants thereof; or
(d) Publishing the notice once a week for three consecutive weeks in a newspaper of general circulation within the City.
(Ord. 12-2012. Passed 10-15-12.)
At the hearing required by Section 1193.04, the report of the City Manager 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 thereon may proceed to show cause why the premises should not be declared blighted or the City should not acquire such 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 City 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 twenty-four hours prior to the hearing.
If the owner, person in charge or occupant of the premises does not appear and presents testimony for the purposes 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 City Manager, or his/her duly appointed representative, shall proceed to present evidence to City Council of the existence of blight on the premises and need to acquire the premises for elimination of the blight and the prevention of 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 City Council at the hearing in regard to the proposed action of the City.
City Council may adjourn the hearing from time to time, and grant continuances to the City Manager or his/her representative 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 such premises in order to eliminate blight or prevent the recurrence of blight thereon. (Ord. 12-2012. Passed 10-15-12.)
City Council, upon completion of the hearing, shall at the same or a subsequent meeting decide and make findings as to:
(a) Whether or not the premises are blighted in accordance with this chapter, and
(b) 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.
Should City Council determine that the premises are not blighted as defined in this chapter, it may direct the City Manager to take action under any other provisions of the Wyoming Municipal Code, Building Code or Zoning Code of the City in order to correct any illegal conditions on the premises.
Should City 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 City Manager to take appropriate action in regard thereto short of acquisition.
If City 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 City Manager 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. 12-2012. Passed 10-15-12.)
Upon determination of City 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 City Manager is hereby authorized to:
(a) Acquire the premises by purchase; or
(b) Acquire the premises by court action exercising the City's 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 Building Code and Zoning Code provisions; or
(5) Any combination of the above provisions.
(Ord. 1193-1973. Passed 4-16-73.)
Premises sold under the provisions of this chapter shall provide in the instrument of conveyance that the purchaser, his successor and assigns, shall rehabilitate or develop the premises in accordance with all applicable Building Code and Zoning Code regulations of the City and shall henceforth use the premises in accordance with all applicable provisions of the Building Code and Zoning 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 Building Code and Zoning Code and the Municipal Code and shall provide for a right of immediate re-entry by the City in such event.
The City Manager 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 City Manager except pursuant to a special ordinance of City 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. 12-2012. Passed 10-15-12.)
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