§ 98.02. PROCEDURE FOR DESIGNATING AN ECONOMIC REVITALIZATION AREA.

The procedure for designating an economic revitalization area pursuant to IC 6-1.1-12.1 is as follows:

(A) Whenever a property owner desires that certain real estate located in the jurisdiction of the Common Council be designated as an Economic Revitalization Area, the owners shall initiate the procedure by filing an application for designation in the office of the Clerk/Treasurer. The application shall be signed by the owners of record of the real estate for which the designation is being requested. The application shall be accompanied with the fee as established in § 98.04 of this chapter to be paid upon submission. The Clerk/Treasurer staff shall furnish an appropriate form for such application upon request.

(B) The petitioner shall note on the application whether the request is being made for a designation:

(1) Limited to a deduction of assessed value on real property improvements, or

(2) Limited to a deduction of assessed value on new manufacturing equipment as defined in IC 6- 1.1-12.1-1, or

(3) To include both types of deductions allowed under IC 6-1.1-12.1.

(C) Upon receipt of an application for designation, the Clerk/Treasurer's staff shall:

(1) Note the date of filing on the face of the application;

(2) Review said application and, if it is found to be in complete form and to have been signed by all property owners of record within the area proposed for designation, the matter shall be submitted for consideration before the Council within 60 days of the date of acceptable submission;

(3) Applicant will provide the Council with appropriate maps and plats necessary to identify the area for which the petition requests designation, along with a simplified description of its boundaries.

(D) The Council shall not consider an application for designation of real estate as an economic revitalization area if, prior to the filing of the application with the Clerk/Treasurer, any of the following actions have occurred:

(1) An improvement location permit for the subject development for which a deduction is being sought has been issued by the Miami County Zoning Administrator, or

(2) A structural permit for the subject rehabilitation for which a deduction is being sought has been issued by the City Engineer, or

(3) Manufacturing equipment for which a deduction is being sought has been installed.

(E) The applicant or its representative shall be present at the Council meeting at which the subject request is being considered. After review of the information provided in the application, by the Clerk/Treasurer's staff, the applicant and other interested persons, the Council may:

(1) Find that the real estate under consideration meets the definition and standards of an economic revitalization area, as set forth in IC 6-1.1-12.1-1(1) and § 98.07 of this chapter. In such instances the Council may adopt a declaratory resolution stating same and cause the actions set forth in division (F) herein to occur. Said declaratory resolution, shall include the reasons upon which the determination is made.

(2) Find that there is insufficient information and defer action on the matter. The applicant shall be provided written notice of the reasons for deferral within ten days of that action.

(3) Determine that the real estate should not be designated as an economic revitalization area and provide the applicant with written notice thereof.

(F) Upon adoption of a declaratory resolution the Council shall:

(1) Set the date, time and location for a public hearing at which the Council will receive and hear all comments from interested persons;

(2) Cause notice of the adoption and substance of the declaratory resolution to be published in accordance with IC 6-1.1-12.1-2.5 and IC 5-3-1. The notice shall state that a description of the affected area is available and can be inspected in the offices of the Clerk/Treasurer, the Miami County Assessor, and the Miami County Auditor. The notice shall also state the time, date and location of the subsequent public hearing on the matter.

(3) Cause a generalized description of the subject real estate to be attached to the declaratory resolution and file same with the Miami County Assessor and the Miami County Auditor.

(G) Upon considering the evidence presented at the public hearing, the Council shall take final action on the request for designation by either confirming, modifying and confining, or rescinding the subject declaratory resolution. The applicant or its representative shall be present at the public hearing to provide such information as may be needed.

(H) The determination on the confirmatory resolution made pursuant to division (G) herein shall be final except that an appeal may be taken as provided in IC 6-1.1-12.1-2.5(d) and IC 6-1.1-12.1-2.5(e).

(I) Upon confining, or modifying and confirming, a declaratory resolution by the procedures set forth herein, both the Miami County Auditor and the Peru Clerk/Treasurer shall keep a permanent record of the designation of the subject economic revitalization area. The Clerk/Treasurer's staff shall also provide the Auditor with a final designation packet to be utilized in the review of applications for deduction pursuant to IC 6-1.1-12.1-5 and IC 6-1.1-12.1-5.5.

(Res. 3B-1990, passed 3-19-90)