Amend Chapter 2, Article 6 Entitled Tax Abatement Procedures

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BILL NO. ~j~L~,~ ORDINANCE NO. n AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 2, ARTICLE 6, ENTITLED TAX ABATEMENT PROCEDURES OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The Indiana State Legislature has given to all communities the ability to enhance development through a variety of economic revitalization programs, including the designation of an area as a residentially distressed area. The City of South Bend has previously instituted guidelines for Residentially Distressed Areas (RDAs) by passage of Ordinance Nos. 8732-96 and 8795-97 in the effort to provide incentives for the construction of new, single family homes in some of the underdeveloped residential areas of our City. With the passage of Public Law 255-1997 by the Indiana State Legislature, the City has the ability to more freely designate land within the corporate boundazies for residential tax abatement. The City believes that this ordinance meets the definition of "economic revitalization azea", and further believes that there are additional factors which have prevented a normal development of property or use of property which have resulted in a lack of development and a cessation of growth. Through the joint efforts of the city administrative branch and the city legislative branch, this ordinance is filed in the interest of providing an additional tool to assist the City in combating the restrictions imposed by state law addressing annexation, which has limited the growth and development of the City. It is believed that the following ordinance is in the best interest of the City and would help bring needed economic revitalization and residential development. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 6, Section 2-76.1 entitled "Definitions" subparagraph (a) (20) of the South Bend Municipal Code is amended in its entirety to read as follows: Residentially Distressed Area (RDA) shall mean an area that meets one of the following findings as declared by the Council: (I) The area is comprised of parcels that aze either unimproved or contain only one (1} or two (2) family dwellings or multifamily dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or (II) Any dwellings in the area are not permanently occupied and are: (i) the subject of an order issued under IC 36-7-9; or (ii) evidencing significant building deficiencies; or (III) Parcels of property in the azea: (i) have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or (ii) are owned by a unit of local government; or (IV) A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the azea are vacant land; or (V) A significant number of dwelling units within the azea are: (i) the subject of an order issued under IC 36-7-9; or (ii) evidencing significant building deficiencies; or