18-2101.02. Extremely blighted area; governing body; duties; review; public hearing; period of validity.

483 words·~2 min read·/ne/chapter-18/18-2101-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For any city that

(a)intends to prepare a redevelopment plan that will divide ad valorem taxes for a period of more than fifteen years but not more than twenty years as provided in subdivision (5)(a) of section 18-2147 ,

(b)intends to declare an area as an extremely blighted area for purposes of funding decisions under subdivision (1)(b) of section 58-708 , or

(c)intends to declare an area as an extremely blighted area in order for individuals purchasing residences in such area to qualify for the income tax credit authorized in subsection

(7)of section 77-2715.07 , the governing body of such city shall first declare, by resolution adopted after the public hearings required under this section, such area to be an extremely blighted area.

(2)Prior to making such declaration, the governing body of the city shall conduct or cause to be conducted a study or an analysis on whether the area is extremely blighted and shall submit the question of whether such area is extremely blighted to the planning commission or board of the city for its review and recommendation. The planning commission or board shall hold a public hearing on the question after giving notice of the hearing as provided in section 18-2115.01 . The planning commission or board shall submit its written recommendations to the governing body of the city within thirty days after the public hearing.

(3)Upon receipt of the recommendations of the planning commission or board, or if no recommendations are received within thirty days after the public hearing required under subsection

(2)of this section, the governing body shall hold a public hearing on the question of whether the area is extremely blighted after giving notice of the hearing as provided in section 18-2115.01 . At the public hearing, all interested parties shall be afforded a reasonable opportunity to express their views respecting the proposed declaration. After such hearing, the governing body of the city may make its declaration.

(4)Copies of each study or analysis conducted pursuant to subsection

(2)of this section shall be posted on the city's public website or made available for public inspection at a location designated by the city.

(5)The study or analysis required under subsection

(2)of this section may be conducted in conjunction with the study or analysis required under section 18-2109 . The hearings required under this section may be held in conjunction with the hearings required under section 18-2109 .

(6)Notwithstanding any other provisions of the Community Development Law, the designation of an area as an extremely blighted area pursuant to this section shall be valid for a period of no less than twenty-five years from the effective date of the resolution declaring such area to be an extremely blighted area, except that such designation may be removed prior to the end of such period pursuant to section 18-2156 .