It is hereby found and determined that there may exist within the city blighted, deteriorating, deteriorated or underutilized areas of the nature defined in this chapter which constitute a serious and growing menace injurious and inimical to the public health, safety, morals and general welfare of the residents and occupants thereof; that the existence of such areas:

   (A)   Contributes substantially and increasingly to the spread of disease and crime, and to losses by fire and accident, necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection and for other public services and facilities;

   (B)   Constitutes an economic and social liability; or

   (C)   Substantially impairs and arrests the sound growth of the community; that this menace is beyond remedy and control solely by regulatory processes and exercise of the police power, and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided; that the elimination by the city, in whole or in part, of blighted or underutilized and deteriorating areas by urban renewal as defined herein is necessary for the public welfare and is a public use and purpose for which public money may be expended and private property acquired.

(Ord. 31-1988, passed 11-2-88)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BLIGHTED AREA. An area in which a majority of the structures are detrimental to the public health, safety, morals and general welfare by reason of age, obsolescence, dilapidation, overcrowding, faulty arrangement, mixture of incompatible land uses, a lack of ventilation or sanitary facilities or any combination of these factors.

   DETERIORATING AREA. An area which is not a blighted area but which because of incompatible land uses, nonconforming uses, lack of adequate parking facilities, faulty street arrangement, inadequate community facilities, increased density of population, without commensurate increases in new residential buildings and community facilities, high turnover in residential or commercial occupancy, lack of maintenance and repair of buildings, or any combination thereof is detrimental to the pubic health, safety, morals and general welfare, and which will deteriorate, or is in danger of deteriorating, into a blighted area.

   PRELIMINARY PLAN. A plan prepared by the Planning Commission for an urban renewal area.

   PROJECT AREA. A blighted or deteriorating area for which an urban renewal plan has been prepared. A project area shall consist of or be located within one or more urban renewal areas.

   PROJECT IMPROVEMENTS. Public improvements within or serving the project area which are necessary for carrying out the urban renewal objectives provided for in the urban renewal plan or Council-approved design plans.

   REDEVELOPMENT. The acquisition of property in a blighted area, the demolition of the structures thereon, site preparation, the making of project improvements and the sale of such property for use in accordance with an urban renewal plan. Redevelopment shall not include the construction or improvement by the city of any buildings other than municipal buildings, except as provided in rehabilitation hereunder.

   REDEVELOPER. Any person, firm, public agency or corporation purchasing property within a project area for use in accordance with the urban renewal plan.

   REHABILITATION. The restoration, rehabilitation or conservation of a deteriorating or blighted area by:

      (1)   Formulating and carrying out a plan for a program of voluntary improvement, modernization, repair or rehabilitation of privately owned structures;

      (2)   The acquisition of real estate and the demolition or removal of buildings thereto where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density or eliminate blight or incompatible land uses detrimental to the public health and welfare;

      (3)   Otherwise removing or preventing the spread of blight or deterioration;

      (4)   Constructing or reconstructing necessary streets, playgrounds, utilities, parks and other public improvements;

      (5)   Acquiring and clearing land for development of privately owned community facilities;

      (6)   Disposing, for uses in accordance with the urban renewal plan, of property acquired; and

      (7)   Purchasing, repairing and rehabilitating for guidance purposes and reselling of buildings which are located in the urban renewal area and which, under the urban renewal plan, are to be repaired or rehabilitated for dwelling use or related facilities, provided, that there shall not be acquired for such purposes, in any urban renewal area, buildings which contain or will contain more than 100 dwelling units, or five percent of the total number of dwelling units in such area which under the urban renewal plan are to be repaired or rehabilitated, whichever is the lesser.

      (8)   Rehabilitation shall not include the construction or improvement by the city of any building other than municipal buildings, except as provided in subsection (7) of this definition.

   SITE PREPARATION. The demolition, clearance and removal of structures and abandoned utility facilities from a site and the necessary filling, grading and relocation or adjustment of utility facilities necessary to prepare the site for resale to a redeveloper or to carry out the city's contractual obligations under contracts for sale of lands.

   UNDERUTILIZED. An area that has aging structures, lack of coordinated or compatible development, lack of parking facilities, obsolete buildings or small lots that individually preclude coordinated redevelopment, or any combination of these factors.

   URBAN RENEWAL. The redevelopment of a blighted area or areas or the rehabilitation of a deteriorating or blighted area or areas, or a combination thereof, by the acquisition of real estate and the demolition or removal of buildings and the resale of such property to public or private agencies for redevelopment or rehabilitation in accordance with an urban renewal plan.

   URBAN RENEWAL AREA. A blighted or deteriorating area which is appropriate for redevelopment or rehabilitation as defined in urban renewal hereof.

   URBAN RENEWAL PLAN. A plan, as it exists from time to time, for the urban renewal of a project area. The plan shall be in general conformance to the preliminary plan and recommendations of the Planning Commission for the urban renewal area or areas in which the project area is located.

(Ord. 31-1988, passed 11-2-88)

   The City Manager shall, upon direction from the City Council, delineate urban renewal areas and prepare and certify to the City Council preliminary plans and recommendations for the urban renewal of such areas. A preliminary plan shall be sufficiently comprehensive to show the general features of development of the districts within which the urban renewal area lies and of other districts adjacent to the urban renewal area to such extent, content and particularity as may be necessary to show the coordination of the preliminary plan with the proposed future development of the territory surrounding the urban renewal area. The recommendation shall refer to future land use, densities, traffic regulation and such other matters as the City Manager deems advisable.

(Ord. 31-1988, passed 11-2-88)

   (A)   The City Manager is hereby designated as the agent of the city for planning and carrying out its programs of urban renewal.

   (B)   The City Manager shall select project areas from urban renewal areas delineated and certified to the City Manager by the City Council, and the City Manager is hereby authorized to cause to be undertaken either by force account or by contract the necessary studies, plans and surveys in connection with such project areas and shall cause an urban renewal plan to be prepared covering each project area. An urban renewal plan shall include but not be limited to the following:

      (1)   A description of the boundaries of the project area.

      (2)   A map or maps showing land uses proposed in the project area after renewal thereof, the proposed street layout, and any publicly or privately owned community facilities to be constructed in the project area.

      (3)   A statement indicating the uses and development restrictions on property in the project area which is to be acquired by the city.

      (4)   A statement as to the kind and number of additional public facilities or utilities which will be required in the project area after redevelopment or rehabilitation.

(Ord. 31-1988, passed 11-2-88)

   (A)   To Council. When an urban renewal plan has been prepared, the City Manager shall transmit such plan to Council, together with estimates of the total cost of the urban renewal of the project area.

   (B)   To the Planning Commission. Upon receipt of the urban renewal plan, Council shall refer the plan to the Planning Commission for review and recommendations.

(Ord. 31-1988, passed 11-2-88)

   (A)   Upon receipt of the recommendation of the Planning Commission, Council shall hold a public hearing on the question of the adoption of the urban renewal plan at which hearing an opportunity shall be provided to all persons or organizations interested to be heard either in person or by counsel. Notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city once a week for not less than two successive weeks immediately prior to the date of the hearing. The first publication shall be not less than ten days prior to the date of the hearing, inclusive of the date of publication but exclusive of the date of the hearing.

   (B)   Such notice shall contain a description of the project area by its location in relation to highways, streets, streams or other landmarks, and shall state that maps and plats and other materials describing the urban renewal plan are available for public inspection at a place to be designated in such notice.

(Ord. 31-1988, passed 11-2-88)

   After the public hearing, Council may approve the urban renewal plan by a majority vote. In the event that Council approves the urban renewal plan, it must include in its approval the following findings:

   (A)   That the area described in the urban renewal plan is a deteriorating or blighted area;

   (B)   That the urban renewal plan for the project area will afford maximum opportunity consistent with the sound needs of the locality as a whole for the redevelopment or rehabilitation of the project area by private enterprise;

   (C)   That the urban renewal plan conforms to the master plan as it then exists for the overall development of the city.

(Ord. 31-1988, passed 11-2-88)

   After the approval of the urban renewal plan by Council, the City Manager shall proceed to carry out the redevelopment or rehabilitation of the project area in accordance with the urban renewal plan. The City Manager is hereby authorized to acquire any property in the project area, the acquisition of which is necessary in carrying out the urban renewal plan, to rehabilitate property, demolish the buildings and do other site preparation work on property acquired by the city, to cause such studies, plans and surveys to be made by force account or by contract which are necessary and proper to carry out the project improvements in accordance with the urban renewal plan or in accordance with Council-approved design plans, to do all things necessary or appropriate to carry out such acquisition of property, rehabilitation, demolition of buildings, to provide studies, plans or surveys for project improvements, and to provide the services of architects to residents of project areas.

(Ord. 31-1988, passed 11-2-88)

   If the owner of property in an urban renewal area is willing to make the use of his or her property conform to the urban renewal plan the City Manager is of the opinion that the acquisition of such owner's property will not be necessary to carry out the urban renewal plan if the owner makes his or her property conform to the urban renewal plan, then in such case the City Manager, in lieu of acquiring such property may, on behalf of the city, enter into an agreement with such owner in which the owner agrees to conform his or her land, the structures thereon and the use thereof to the urban renewal plan within the time set forth in the agreement. The City Manager may require as a condition to entering into such agreement that the owner furnish such security for the performance of his or her obligations under the agreement as the City Manager believes is necessary in order to protect the interests of the city.

(Ord. 31-1988, passed 11-2-88)

   (A)   The City Manager or any person interested may petition Council to modify the urban renewal plan adopted for a project area. Such petition shall be in writing and shall state in detail the modification desired. Upon receipt of such petition, Council shall refer the same to the Planning Commission for its recommendation. The Commission shall review such modification and return the petition to Council, together with its recommendations.

   (B)   In the event the proposed modification contemplates an extension of the project area, the addition of a new type of urban renewal activity which requires the acquisition of property, or a change in zoning within the area, Council shall, before considering it, hold a public hearing thereon, at which an opportunity shall be provided for all persons interested to be heard, either in person or by counsel. Notice of such hearing shall be given in the manner prescribed in § 155.06. Council may either approve or reject the proposed modification by a majority vote. If the proposed modification is adopted by Council it shall become a part of the urban renewal plan

(Ord. 31-1988, passed 11-2-88)

   (A)   The City Manager is hereby authorized to negotiate for the sale of property in a project area which is not to be retained by the city for uses in accordance with the urban renewal plan. In connection therewith the City Manager is hereby authorized to enter into necessary appraisal and market analysis contracts. No land shall be sold by the City Manager 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.

   (B)   Pending the use or sale of property in a project area it may be temporarily rented for such uses and purposes as may be desirable, even though not in conformity with the urban renewal plan.

(Ord. 31-1988, passed 11-2-88)

   Each deed conveying title to property within a project area shall contain a covenant or covenants prohibiting the restriction of the sale or use of such property on the basis of race, religion or any other standard that is not applicable to all persons or families irrespective of race, religion or ancestry.

(Ord. 31-1988, passed 11-2-88)

   (A)   It is hereby found and determined that there exists within the city premises that by reason of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or a combination thereof constitute a blight and a nuisance upon the surrounding neighborhood because they are fire hazards, health hazards, places of retreat for immoral or criminal purposes or for the breach of the public peace, substantial and unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in the neighborhood, or factors seriously depreciating property values in the area.

   (B)   It is further found that programs aimed at specific elimination of the particular blights or nuisances involved in neighborhoods of the city have sometimes proven inadequate or ineffective, have sometimes failed to prevent recurrence of blight and have sometimes resulted merely in the alteration of the nature or form of the nuisance or blight that previously existed. It is further found that it therefore becomes necessary in order to eliminate nuisance and blight and prevent recurrence of blight on the premises for the city to obtain the title of the blighted premises and to take direct action to remove or remedy the blight or provide for its removal by others and to make further provisions for future development, redevelopment or use of the premises in such a way as to prevent any recurrence of blight or nuisance on the premises.

   (C)   It is further found and determined that acquisition of such blighted property by the city in order to eliminate blight or nuisance and to prevent its recurrence constitutes a public purpose.

(Ord. 31-1988, passed 11-2-88)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BLIGHTED PREMISES. 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.

   NEIGHBORHOOD. 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.

   REDEVELOPMENT. 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.

   REHABILITATION. The restoration, rehabilitation or conservation 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, 31-1988, pawed 11-2-88)

   The City Manager shall present to Council from time to time, a report which shall list therein the location and ownership of premises which he or she has reason to believe are blighted premises as defined in § 155.21(A), and which are located in the city outside of urban renewal areas or blighted areas as defined in § 155.21. 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 the blight; or

   (B)   The owner has not responded to a lawful order by the city for him or her to take action to eliminate its recurrence within 30 days after due notice of the request or order has been given him by:

      (1)   Posting such order or notice on the premises;

      (2)   Personal delivery;

      (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. 31-1988, passed 11-2-88)

   Upon receipt of a report from the City Manager, 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 to prevent the recurrence thereof. Upon the filing 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 occupant 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;

   (B)   Personal service;

   (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. 31-1988, passed 11-2-88)

   (A)   At the hearing required by § 155.23, 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 prevent its recurrence. At the hearing, the owner, person in charge of the premises or occupant may cause to be presented to 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 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 duly appointed representative, 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 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 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 City Manager or his 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. 31-1988, passed 11-2-88)

   (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 City Manager to take action under any other provisions of the Code of Ordinances, Building 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 City Manager 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 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. 31-1988, passed 11-2-88)

   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 City Manager is hereby authorized to:

   (A)   Acquire the premises by purchase;

   (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;

      (2)   Rehabilitation by an independent contractor or by city forces;

      (3)   Sale of the blighted premises to a purchaser upon terms providing for the elimination of the blight and prevention of its recurrence;

      (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. 31-1988, passed 11-2-88)

   (A)   Premises sold under the provisions of this chapter shall provide in the instrument of conveyance that the purchaser, his or her 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 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 Code of Ordinances and shall provide for a right of immediate reentry by the city in such event.

   (B)   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 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. 31-1988, passed 11-2-88)

   The City Manager is authorized to consult with organizations and persons in a neighborhood in regard to the existence of blighted premises therein, means of eliminating such blight and possible purchase and redevelopment of such property by responsible neighborhood organizations.

(Ord. 31-1988, passed 11-2-88)

   Nothing in this chapter shall be deemed to limit the City Manager or the city in any way to use any or all other means available to it to remove existing blight or prevent future blight, or summarily eliminate immediate hazards to the public health or safety or criminal activity on premises regardless of whether or not acquisition of such premises has or has not been commenced under any provisions of this chapter.

(Ord. 31-1988, passed 11-2-88)

   The provisions of any statute of the state in conflict with provisions of this chapter are hereby declared to be inoperative in the city.

(Ord. 31-1988, passed 11-2-88)