17C-1-806. Requirements for notice provided by agency.
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Effective 5/3/2023
17C-1-806. Requirements for notice provided by agency.
(1)The notice required by Section 17C-1-805 shall be given by:
(a)publishing notice for the county, as a class A notice under Section 63G-30-102 , for at least 14 days before the day on which the hearing is held; and
(b)at least 30 days before the hearing, mailing notice to:
(i)each record owner of property located within the project area or proposed project area;
(ii)the State Tax Commission;
(iii)the assessor and auditor of the county in which the project area or proposed project area is located; and
(A)if a project area is subject to a taxing entity committee, each member of the taxing entity committee and the State Board of Education; or
(B)if a project area is not subject to a taxing entity committee, the legislative body or governing board of each taxing entity within the boundaries of the project area or proposed project area.
(2)The mailing of the notice to record property owners required under Subsection (1)(b)(i) shall be conclusively considered to have been properly completed if:
(a)the agency mails the notice to the property owners as shown in the records, including an electronic database, of the county recorder's office and at the addresses shown in those records; and
(b)the county recorder's office records used by the agency in identifying owners to whom the notice is mailed and their addresses were obtained or accessed from the county recorder's office no earlier than 30 days before the mailing.
(3)The agency shall include in each notice required under Section 17C-1-805 :
(i)a boundary description of the project area or proposed project area; or
(A)a mailing address or telephone number where a person may request that a copy of the boundary description be sent at no cost to the person by mail, email, or facsimile transmission; and
(B)if the agency or community has an Internet website, an Internet address where a person may gain access to an electronic, printable copy of the boundary description and other related information;
(b)a map of the boundaries of the project area or proposed project area;
(c)an explanation of the purpose of the hearing; and
(d)a statement of the date, time, and location of the hearing.
(4)The agency shall include in each notice under Subsection (1)(b) :
(a)a statement that property tax revenue resulting from an increase in valuation of property within the project area or proposed project area will be paid to the agency for project area development rather than to the taxing entity to which the tax revenue would otherwise have been paid if:
(A)the taxing entity committee consents to the project area budget; or
(B)one or more taxing entities agree to share property tax revenue under an interlocal agreement; and
(ii)the project area plan provides for the agency to receive tax increment; and
(b)an invitation to the recipient of the notice to submit to the agency comments concerning the subject matter of the hearing before the date of the hearing.
(5)An agency may include in a notice under Subsection
(1)any other information the agency considers necessary or advisable, including the public purpose achieved by the project area development and any future tax benefits expected to result from the project area development.
Amended by Chapter 435 , 2023 General Session