ORDINANCE NO. __________, Series 2017
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AN ORDINANCE ESTABLISHING A TAX DELINQUENCY DIVERSION PROGRAM FOR BLIGHTED PROPERTY.
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SPONSORED BY: COUNCILMEMBERS SHANKLIN, AUBREY WELCH,
BRYANT HAMILTON, JAMES, WOOLRIDGE, SEXTON SMITH AND JOHNSON
WHEREAS, the General Assembly of the Commonwealth of Kentucky has enacted legislation in KRS 99.727 which authorizes a consolidated local government to establish a tax delinquency diversion program (“TDDP”) for certain priority project areas in which there are a significant number of blighted properties; existing conditions are favorable for development; existing resources needed for urban redevelopment are present; and existing characteristics of the area can be promoted as part of a campaign to retain existing residents and attract new residents to the area; and
WHEREAS, the Louisville Metro Council, pursuant to powers granted it by the General Assembly, has created a land bank authority to acquire the tax delinquent properties in order to foster the public purpose of returning land that is in a non-revenue generating, non-tax producing status to effective utilization in order to provide housing, new industry, and jobs of the citizens of Louisville Metro; and
WHEREAS, the purchase of delinquent tax bills on properties in areas with blighted conditions may be a barrier to redevelopment; and
WHEREAS, the Louisville Metro Council desires to establish a TDDP in order to facilitate the redevelopment of blighted areas.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: A new section of Chapter 38 of the Louisville Metro Code of Ordinances is hereby created as follows:
1. For the purpose of this section, the definitions contained in KRS § 99.727 shall apply unless the context clearly indicates or requires a different meaning.
2. The Louisville and Jefferson County Landbank Authority, Inc., (“Landbank Authority”), as established in LMCO 32.775, is hereby designated as the body responsible for identifying and certifying priority project areas and individual parcels of property for inclusion in the tax delinquency diversion program (“TDDP”).
3. The Landbank Authority shall submit recommended priority project areas and qualifying individual parcels of property to the Metro Council for consideration.
4. Metro Council shall consider a recommendation by the Landbank Authority and shall approve or disapprove the recommendations in their entirety. Approved properties are eligible for benefits of the TDDP.
5. Pursuant to KRS § 99.727(5), certificates of delinquency related to properties approved by Metro Council for inclusion in the TDDP shall not be available for purchase by any person for a period of up to five (5) years following the year in which the property is placed in the tax delinquency program.
6. The Landbank Authority shall provide to the Jefferson County Attorney a list of all properties included in the TDDP and the Jefferson County Attorney shall place the identified properties on the protected list as required by KRS § 134.504(10).
SECTION II: This ordinance shall take effect upon its passage and approval.
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_______________________________ H. Stephen Ott Metro Council Clerk |
_____________________________ David Yates President of the Council |
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_______________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
DRAFT tax delinquency diversion ordinance rev3-1-17.docx