A.    Should the committee determine that such applicant has not substantially complied and/or has wilfully failed to comply with the request for information as required by this chapter, then the committee shall send a written notice to the applicant requesting that the applicant and/or its representatives appear before such committee at a designated time and place to provide any and all information as requested by the committee as to why the applicant has failed to comply with the request for information or has failed to meet the goals and objectives as previously outlined by the applicant to the common council when the initial application, or subsequent statement of benefits form was approved. After such meeting with the applicant and/or the applicant's representative, should the committee determine that the applicant has failed to substantially comply and/or has wilfully failed to comply with the statement of benefits form as previously approved, and that such failure to so substantially comply was not caused by factors beyond the control of the person or entity  requesting the deduction (such as declines in demand for the applicant's product and services), the committee shall refer such matter to the common council. Written notice will be provided to the property owner or person seeking said deduction as to the time and place of such hearing before the common council. If the application is for new manufacturing equipment, a copy of said written notice shall be sent to the state Board of Tax Commissioners. Such written notice shall comply with the provisions of Section 3.12.130.

    B.    Pursuant to Indiana Code, 6-1.1—12.1-5.9, the written notice must include the following provisions:

    1.    An explanation for reasons for the committee's determination;

    2.    The date, time and place of a hearing to be conducted by the common council for purposes of further considering the property owner's compliance with the statement of benefits form; and

    3.    That the date of the hearing will not be more than thirty days after the date on which the notice is mailed. (Ord. 92-7 §§ 8, 9, 1992)