§ 18-102. Blighted property.

(a)

Short title. This article shall be known as the "Blighted Property" article.

(b)

Purpose. Blighted real property increases the burden of government services, including social services, public safety, and code enforcement. Rehabilitation of blighted property decreases this burden.

In furtherance of its objective to eradicate conditions of slum and blight within the city and in recognition of the need for enhanced governmental services and to encourage private property owners to maintain their property in good condition and repair, and as an incentive to encourage community redevelopment, a community redevelopment tax incentive program is established as authorized by article IX, section II, paragraph VII(d) of the state constitution.

(c)

Definitions.

Blighted property, blight or blighted means any developed property which:

(1)

Constitutes endangerment to public health or safety and presents one or more of the following conditions:

a.

Uninhabitable, unsafe, or abandoned structure;

b.

Inadequate provisions for ventilation, light, air, or sanitation;

c.

An imminent harm to life or property from fire, flood, hurricane, tornado, earthquake, storm, or other natural catastrophe declared a state of emergency under state law or certified for disaster assistance under federal law; provided, however, this division shall not apply to property unless the relevant public agency has given notice in writing to the property owner regarding specific harm caused by the property and the owner has failed to take reasonable measures to remedy the harm;

d.

A site identified by the federal Environmental Protection Agency as a superfund site per 42 U.S.C. section 9601, et seq., or having environmental contamination to an extent that requires remedial investigation or a feasibility study;

e.

Repeated illegal activity on the individual property of which the property owner knew or should have known; or

f.

The maintenance of the property is below state, county, or municipal codes for at least one year after written notice of the code violation to its owner; or

(2)

Is conducive to ill health, transmission of disease, infant mortality, or crime in the immediate proximity of the property. Property shall not be deemed blighted solely because of aesthetic conditions.

Building inspector means a certified inspector possessing the requisite qualifications to determine minimal code compliance.

Community redevelopment means any activity, project, or service for redevelopment or revitalization of a redevelopment area or portion thereof designated for redevelopment through an urban redevelopment plan or through local ordinances relating to the repair, closing, and demolition of buildings and structures unfit for human habitation.

Governing authority means the city council of Union Point, a Georgia municipal corporation.

Millage or millage rate means the levy, in mills, established for financing, in whole or in part, the levying jurisdiction's general fund expenses for the fiscal year.

Person means such individual(s), entities and associations which return real property for ad valorem taxation or who are chargeable by law for taxes on the property.

Public officer means such officer or employee of the city designated by the city to perform the duties and responsibilities in this section.

(d)

Ad valorem tax increase on blighted property

(1)

There is hereby levied on all real property in the city which has been officially identified as blighted an increased ad valorem tax at a three times higher millage rate than generally applied; provided, however, real property on which there is an occupied dwelling house as a primary residence shall not be subject to identification as in a blighted condition or increased taxation.

(2)

Such increased ad valorem tax shall be applied and reflected in the first tax bill rendered following official designation of a real property as blighted.

(e)

Identification of blighted property.

(1)

For property to be officially designated as blighted, the following steps must be completed:

a.

An inspection must be performed on the property as follows:

1.

A request may be made by the public officer or by at least five residents of the city for inspection of a parcel of property using the criteria in this section, or

2.

The public officer may use a survey of existing housing conditions to identify any parcels in a blighted condition and for which an inspection should be conducted.

b.

A written inspection report shall be submitted to the public officer. Photos of the conditions on the property shall be made part of the inspection report. Where compliance with minimum construction, housing, occupancy, fire and life safety codes in the city are in question, the inspection shall be conducted by a certified inspector with the qualifications to determine code compliance.

c.

Following the report, the public officer shall make a determination, in writing, that a property is blighted, as defined by this section and is subject to increased taxation.

d.

The public officer shall cause the determination that the property is blighted to be served on the person(s) shown on the tax digest as responsible for payment of taxes; provided, however, where through reasonable diligence it becomes known to the public officer that property has been conveyed since the most recent tax digest, written notice shall be given to the person(s) known or reasonably believed to then own the property or be chargeable with the payment of ad valorem taxes thereon, at the best address available. Service per O.C.G.A. § 41-2-12 as follows shall be sufficient notice to the owner or person chargeable with the payment of taxes: the public officer shall mail copies of the determination by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable. Copies of the determination shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of the determination. For interested parties whose mailing address is unknown, the determination shall be published in the newspaper in which the sheriff's advertisements appear in such county once a week for two consecutive weeks.

(2)

The written notice shall be the aforementioned public officer's determination that the property is blighted. The recipient shall have 30 days from receipt in which to file with the public officer a request for hearing before the mayor and council. If there is no timely request for hearing, a copy of such determination shall be delivered to the tax commissioner, who shall include the increased tax on the next regular tax bill.

(3)

Within 30 days of a receipt of a timely request for hearing, the clerk shall set a date, time and location for the hearing and give at least 14 days' notice to the person(s) requesting the hearing, the public officer and the person who performed the inspection. Notice of hearings shall be published as a legal ad in the designated legal organ in the county, at least five days prior to the hearing. Hearings may be continued by the mayor and council upon request, for good cause.

(4)

At the hearing, the public officer shall demonstrate by a preponderance of the evidence that the property is blighted. The municipal clerk shall cause a record of the evidence submitted at the hearing to be maintained. Upon hearing from the public officer and/or their witnesses and the person(s) requesting the hearing and/or their witnesses, and after allowing cross examination of all witnesses, the mayor and council shall make a written ruling affirming or reversing the determination of the public officer. Copies shall be served on the parties by certified mail. A copy of a ruling affirming the determination shall be served upon the tax commissioner, who shall include the increased tax on the next regular tax bill.

(5)

Persons aggrieved by a ruling affirming the determination of the public officer may petition the Greene County superior court for a writ of certiorari within 30 days of issuance of the ruling.

(f)

Remediation.

(1)

A property owner or person(s) chargeable with payment of taxes on property designated as blighted may petition the public officer to lift the designation, on proof of the following:

a.

Completion of remedial action approved by the mayor and council which eliminates the blight, including compliance with all applicable minimum codes; or

b.

Completion of work required under a court order which eliminates the blight, including compliance with all applicable minimum codes.

(2)

The public officer shall cause the property to be thoroughly inspected by a building inspector who, by inspection report, shall certify if all requisite work has been performed to applicable code in a workmanlike manner, per the specifications of the remedial action or court order. On finding required work to be thus performed the public officer shall issue a determination that the real property is no longer blighted. Copies of this shall be mailed to the person(s) chargeable with the payment of ad valorem taxes, and the tax commissioner.

(3)

Plans for remedial action shall be signed by the person(s) chargeable with the payment of ad valorem taxes on the real property and the city clerk, and meet the following:

a.

Be consistent with all laws and ordinances governing the property;

b.

Set forth the requirements for repair or demolition per applicable codes; where structures are demolished, the plan shall include debris removal, stabilization and landscaping;

c.

Contain verifiable funding for its requirements and show the feasibility thereof;

d.

A timetable for completion of required work; and

e.

All outstanding ad valorem taxes and governmental liens must be satisfied in full.

(g)

Decrease of tax rate.

(1)

Property which has had its blighted designation removed shall receive a tax decrease to 1/2 the millage rate generally applied; such shall be applied beginning with the next tax bill following removal of blighted designation. The decreased rate may be given in successive years, depending on the amount of cost expended for remediation, with every $10,000.00 or portion thereof equaling one year of tax reduction; provided, however, no property shall be entitled to reduction in city ad valorem taxes more than two successive years.

(2)

To claim entitlement for a decreased tax, the person(s) chargeable with payment of ad valorem taxes on the property shall submit a notarized affidavit to the public officer, supported by receipts or other evidence of payment, of the amount expended.

(h)

Notice to tax commissioner. The public officer shall notify the tax commissioner in writing as to designation or removal of designation of blighted property, to identify the property by street address and tax map, block and parcel number. The public officer shall work with the tax commissioner to ensure accurate billing.

(Ord. of 10-14-2014; Ord. of 5-12-2015)