Chapter 3.12 ECONOMIC REVITALIZATION AREAS
Section 3.12.130 Hearing--Termination of deduction.
3.12.130 HearingTermination of deduction.
A. On the date specified by the common
council, the common council shall conduct a hearing
for purposes of considering the applicant's compliance with the statement of benefits form. Based
upon the information presented at the hearing by the applicant and other interested parties, the
council shall then determine whether the applicant has made reasonable efforts to substantially
comply with the statement of benefits form and whether any failure to substantially comply was
caused by factors beyond the control of the applicant. If the council determines that the applicant
has not made reasonable efforts to comply with the statement of benefits form, the council shall
pass a resolution seeking the termination of the applicant's deduction under Section 3 or Section
4.5 of Indiana Code, 6-1.112.1-1 et seq. Should the common council adopt such resolution, the
applicant's deduction will not apply in the next installment of property taxes owed by the property
owner or applicant or to any subsequent installment of property taxes on the specific real property
or personal property that was the subject of the deduction.
B. Upon passage of such resolution terminating
a deduction, the common council, through the
office of the clerk-treasurer, shall immediately mail a certified copy of the resolution to:
1. The property owner;
2. The applicant;
3. The county auditor; and
4. The State Board of Tax Commissioners
if the deduction is granted under Section 4.5 of
Indiana Code, 6-1.112.1-1.
C. The property owner and/or applicant
seeking such deduction that has been terminated as a
result of the action of the common council, shall have any and all remedies available for review of
the decision as provided by Indiana Code, 6-1.112.1-5.9 and all such amendments thereto. (Ord.
92-34 (part), 1992; Ord. 92-7 §§ 10 12, 1992)