404B.2 Conditions mandatory.
494 words·~2 min read·
/ia/chapter-404b-disaster-revitalization-tax-exemptions/404b-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A city or county may only exercise the authority conferred upon it in this chapter after all of the following conditions have been met:
1. The governing body has adopted a resolution finding that the property located within the area was damaged by a disaster, that revitalization of the area is in the economic interest of the residents of the city or county, as applicable, and the area substantially meets the criteria of section 404B.1.
2. The city or county has prepared a proposed plan for the designated disaster revitalization area. The proposed disaster revitalization plan shall include all of the following:
a. A legal description of the real property forming the boundaries of the proposed area along with a map depicting the existing parcels of real property.
b. The assessed valuation of the real property in the proposed area as of January 1, 2007, listing the land and building values separately.
c. A list of names and addresses of the owners of record of real property within the area.
d. The existing zoning classifications and district boundaries and the existing and proposed land uses within the area.
e. The exemption percentage applicable in the proposed area pursuant to section 404B.4.
f. A statement specifying whether none, some, or all of the property assessed as residential, agricultural, commercial, or industrial property within the designated area is eligible for the exemption under section 404B.4.
g. A definition of revitalization, including whether it is applicable to existing buildings, new construction, or development of previously vacant land. A definition of revitalization may also include a requirement for a minimum increase in assessed valuation of individual parcels of property in the area.
h. A statement specifying the duration of the designated disaster revitalization area.
i. A description of planned measures to mitigate or prevent future disaster damage in the area.
j. A description of revitalization projects commenced prior to the effective date of the plan that are eligible for the exemption under section 404B.4.
3. a. The city or county has scheduled a public hearing and published notice of the hearing in accordance with section 362.3 or 331.305, as applicable. In addition to notice by publication, notification shall also be given by ordinary mail to the last known address of the owners of record. The city or county shall also send notice by ordinary mail addressed to the “occupants” of addresses located within the proposed area, unless the governing body of the city or county, by reason of lack of a reasonably current and complete address list, or for other good cause, shall have waived the notice.
b. The notice provided by mail to owners and occupants within the area shall be given no later than thirty days before the date of the public hearing.
4. The public hearing has been held.
5. The city or county has adopted the proposed or amended plan for the disaster revitalization area after the hearing.
2009 Acts, ch 100, §24, 30