Bill Text: MI HB6047 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Local government; other; public notice regarding rehabilitation of blighted areas; revise to make reference to the local government public notice act. Amends secs. 4 & 10 of 1945 PA 344 (MCL 125.74 & 125.80). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6047 Detail]

Download: Michigan-2013-HB6047-Introduced.html

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HOUSE BILL No. 6047

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     A bill to amend 1945 PA 344, entitled

 

"An act to authorize counties, cities, villages and townships of

this state to adopt plans to prevent blight and to adopt plans for

the rehabilitation of blighted areas; to authorize assistance in

carrying out such plans by the acquisition of real property, the

improvement of such real property and the disposal of real property

in such areas; to prescribe the methods of financing the exercise

of these powers; and to declare the effect of this act,"

 

by amending sections 4 and 10 (MCL 125.74 and 125.80), section 4 as

 

amended by 1986 PA 320.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. (1) As used in this section:

 

     (a) "District area" means a portion of a municipality

 

consisting of 1 or more adjacent or nearby development areas and

 

any surrounding territory that will be significantly affected by

 

the plan for the development area or areas, where a majority of

 

residents in the district area reside in the development area or

 

areas.

 

     (b) "Development plan" and "development area" mean those terms

 

as defined in section 2.

 

     (c) "Citizens' district council" means a citizens' district

 

council established under this act.

 

     (d) "Coordinating council on community redevelopment" means

 

any coordinating council on community redevelopment established

 

under this act.

 

     (2) Except as provided in subsection (7), the plans,

 

statements, and actions prescribed in subsections (3) to (11) are

 

requirements and conditions for the exercise of the powers granted

 

by this act for the acquisition, sale, or lease of real property

 

for the carrying out of a development plan in a development area.

 

     (3) The following plans shall be adopted by the local

 

legislative body of the municipality in which the development area

 

is located:

 

     (a) A master plan of the municipality or a master plan which

 

that is sufficiently advanced to designate areas in need of

 

rehabilitation or in need of measures to prevent blight.

 

     (b) A plan of the general features of development of the

 

district within which the development area lies and of other

 

districts adjacent to the development area, of such extent,

 

content, and particularity as is necessary to the coordination of

 

the development area plan with the future development of the

 

territory surrounding the development area, or, if no future

 

development is planned, then in coordination with the present

 

development.

 

     (4) District areas shall be designated for all development

 

areas that have been approved by a local legislative body and

 

subject to the terms of this act as of January 1, 1968, and all

 

subsequent development areas that are so approved. A district area

 

shall not be designated unless the local legislative body first

 

holds a public hearing on the designation. The Before January 1,

 

2015, the legislative body shall give notice of the public hearing

 

not less than 20 nor or more than 30 days before the date for the

 

public hearing. Beginning January 1, 2015, not less than 20 or more

 

than 30 days before the date for the public hearing, tier A public

 

notice of the public hearing shall be provided by the legislative

 

body as set forth in the local government public notice act.

 

     (5) Citizens' district councils are governed by the following:

 

     (a) Except as otherwise provided in this subdivision, for each

 

district area, a citizens' district council of not less than 12 nor

 

more than 25 members shall be selected in a manner that ensures

 

that the citizens' district council is to the maximum extent

 

possible representative of the residents of the area and of other

 

persons with a demonstrable and substantial interest in the area.

 

The majority of the citizens' district council shall be composed of

 

citizens living in the development area.

 

     (b) The term of office on the councils shall be 3 years. If

 

terms of council members are not staggered, then, upon the

 

expiration of the terms of the members of the citizens' district

 

council, 1/3 shall be elected or appointed for 3 years, 1/3 for 2

 

years, and 1/3 for 1 year.

 

     (c) Members of the council may be selected by direct election

 

by the residents of the area and other persons with a demonstrable

 

and substantial interest in the area, or may be appointed by the

 

chief executive officer of the municipality after consultation with

 

local community groups and residents of the area, or by a

 

combination of appointment and election. The method of selection of

 

the citizens' district council, and any appointments to the council

 

by the chief executive officer, shall be determined with the

 

approval of the local legislative body after a public hearing has

 

been held. , with public Before January 1, 2015, public notice of

 

such the hearing shall be distributed throughout the district area

 

at least 20 days before the date of the hearing. Beginning January

 

1, 2015, at least 20 days before the date of the hearing, tier A

 

public notice of the hearing shall be provided as set forth in the

 

local government public notice act. Citizens' district councils

 

shall be established within 45 days of any initial designation of a

 

development area by any local planning agency or local legislative

 

body.

 

     (d) In a city of over 1,000,000, 600,000, the local

 

legislative body shall adopt an ordinance governing the composition

 

and method of selecting the members of the citizens' district

 

councils, with the limitation that such an the ordinance shall

 

provide provides for a majority of the citizens' district council

 

to be composed of citizens living in a development area or areas.

 

     (6) The local official responsible for preparation of the

 

development plan within the district area shall periodically

 

consult with and advise the citizens' district council regarding

 

all aspects of the plan, including the development of new housing

 

for relocation purposes located either inside or outside of the

 

development area. The consultation shall begin before any final

 

decisions by any local planning agency or local legislative body

 

regarding the development plan other than the designation of the

 

development area. The consultation shall continue throughout the

 

various stages of the development plan, including the final

 

implementation of the plan. The local officials responsible for the

 

development of the plan shall incorporate into the development plan

 

the desires and suggestions of the citizens' district council to

 

the extent feasible. A local commission, public agency, or local

 

legislative body of any municipality shall not approve any

 

development plan for a development area unless there has previously

 

been consultation between the citizens' district council and the

 

local officials responsible for the development plan. A record of

 

the meetings, including information and data presented, shall be

 

maintained and included in official presentation of the proposed

 

development plan to the local legislative body.

 

     (7) The chief executive officer of the municipality shall give

 

the citizens' district council written notice of any contemplated

 

zoning change, hearing, or condemnation proceedings within the

 

district area. The notice shall be given at least 20 days before

 

the effective date of the change or the date of the hearing or

 

proceedings. Upon receiving a request from the citizens' district

 

council, the local legislative body shall hold a public hearing on

 

the proposed zoning change or condemnation proceedings. Beginning

 

January 1, 2015, tier A public notice of the hearing shall be

 

provided as set forth in the local government public notice act.

 

Each citizens' district council may call upon any city department

 

for information.

 

     (8) In a municipality with 2 or more district areas, each

 

citizens' district council shall elect 4 of its members who shall

 

compose the entire membership of the coordinating council on

 

community redevelopment. The committee shall advise local units of

 

government on proposed policy on urban renewal, make

 

recommendations for new projects, and promote better relations

 

between local units of government and residents of urban renewal

 

areas. Notwithstanding any other provisions of this act, the

 

formation of a coordinating council on community redevelopment

 

shall not be a requisite for or condition of the exercise of the

 

powers granted by this act for the acquisition, sale, or lease of

 

real property, or the carrying out of a development plan in a

 

development area.

 

     (9) The local legislative body shall adopt a development plan

 

after consultation with a citizens' district council, if required,

 

and a public hearing on the development plan as provided in

 

subsection (11), for the development area in which the land

 

proposed to be acquired is located or for the effectuation or

 

protection of which development the proposed land acquisition is

 

deemed considered necessary. A development plan shall comply with

 

the following:

 

     (a) The plan shall designate the location and extent of

 

streets and other public facilities within the area and shall

 

designate the location, character, and extent of the categories of

 

public and private land uses proposed for and within the area, such

 

as residential, recreation, business, industry, schools, open

 

spaces, and others, and shall also include a feasible method for

 

the relocation of families who will be displaced from the area in

 

decent, safe, and sanitary dwelling accommodations and without

 

undue hardship to those families, and such other general features

 

of the proposed rehabilitation as may be determined by the local

 

legislative body. A feasible method for relocation of displaced

 

families shall demonstrate that standard housing units are or will

 

be available to the displaced families and individuals at rents or

 

prices within their financial means, in reasonably convenient

 

locations not less desirable than the development area with respect

 

to utilities and facilities.

 

     (b) The plan shall designate the location, extent, character,

 

and estimated cost of the improvements contemplated for the area

 

and may include any or all of the following improvements:

 

     (i) Partial or total vacation of plats, or replatting.

 

     (ii) Opening, widening, straightening, extending, vacating, or

 

closing streets, alleys, or walkways.

 

     (iii) Locating or relocating water mains, sewers, or other

 

public or private utilities.

 

     (iv) Paving of streets, alleys, or sidewalks in special

 

situations.

 

     (v) Acquiring parks, playgrounds, or other recreational areas

 

or facilities.

 

     (vi) Street tree planting, green belts, or buffer strips.

 

     (vii) Property renovation in accordance with this act.

 

     (viii) Parking facilities.

 

     (ix) Commercial area promotion.

 

     (x) Economic restructuring of commercial areas.

 

     (xi) Recruiting of new businesses.

 

     (xii) Other appropriate public improvements and activities

 

which that address rehabilitation or blight prevention in

 

accordance with this act.

 

     (c) The plan shall include estimates of the number of persons

 

residing in the development area and the number of families and

 

individuals to be displaced; a survey of their income and racial

 

composition; a statistical description of the housing supply in the

 

community, including the number of private and public units in

 

existence or under construction, the annual rate of turnover of the

 

various types of housing, and the range of rents and sale prices;

 

an estimate of the total demand for housing in the community; and

 

the estimated capacity of private and public housing available to

 

displaced families and individuals.

 

     (10) A local administrative agency shall be designated to

 

provide information concerning private and public housing available

 

to displaced families and individuals and to advise and assist in

 

their relocation.

 

     (11) Before the determination of a blighted area and a

 

determination that there is a feasible method for relocation of

 

families and individuals who will be displaced from the area, and

 

before adoption of a development plan, the local legislative body

 

shall hold a public hearing, which hearing shall comply with all of

 

the following:

 

     (a) Notice Before January 1, 2015, notice of the time and

 

place of the hearing shall be given by publication in a newspaper

 

of general circulation not less than 30 days before the date set

 

for the hearing. Beginning January 1, 2015, not less than 30 days

 

before the date set for the hearing, tier A public notice of the

 

time and place of the hearing shall be provided as set forth in the

 

local government public notice act. Notice of the hearing shall be

 

distributed in the blighted area at least 25 days before the

 

hearing. Notice of the hearing shall be mailed at least 25 days

 

before the hearing to the last known owner of each parcel of land

 

in the blighted area at the last known address of that owner as

 

shown by the records of the assessor. The notice shall contain a

 

description of the development area. For purposes of this notice,

 

it shall be is sufficient to describe the boundaries of the

 

development area by its location in relation to highways, streets,

 

streams, or otherwise. The notice shall further contain a statement

 

that maps, plats, and a particular description of the development

 

plan, including the method of relocating families and individuals

 

who will be displaced from the area, are available for public

 

inspection at a place to be designated in the notice, and that all

 

aspects of the development plan will be open for discussion at the

 

public hearing.

 

     (b) At the time set for hearing the local legislative body

 

shall provide an opportunity for all persons interested to be heard

 

and shall receive and consider communications in writing with

 

reference to the development plan. The hearing shall provide the

 

fullest opportunity for expression of opinion, for argument on the

 

merits of the development plan, and for introduction of documentary

 

evidence pertinent to the development plan.

 

     (c) The local legislative body shall make and preserve a

 

record of the public hearing, including specific findings of fact

 

with respect to its determination of the blighted area and its

 

determination that there is a feasible method for relocation of

 

families and individuals who will be displaced from the area, all

 

data presented at the public hearing, and all other data which the

 

legislative body considered in making its determinations. If no

 

individuals reside in the development area, the legislative body is

 

not required to determine a feasible method for relocating

 

residents.

 

     (12) Within 10 days after the completion of the public hearing

 

as provided in subsection (11), the citizens' district council for

 

the district within which the proposed development area is located

 

shall notify the local legislative body in writing of its approval

 

or disapproval of the development plan. If the citizens' district

 

council approves the plan or fails to notify the local legislative

 

body of its approval or disapproval of the plan, the local

 

legislative body is free to act on the plan. If the citizens'

 

district council disapproves the plan and so notifies in writing

 

the local legislative body, the local legislative body shall not

 

adopt the plan for at least 30 days after receipt of the notice and

 

during that period shall consult with the citizens' district

 

council concerning its objections.

 

     Sec. 10. On and after the date when a plan has been approved

 

for the rehabilitation of an area by the local legislative body, no

 

a permit shall not be issued for work or work done in the area

 

which that is not in accordance with the plan officially adopted

 

and made effective by the local legislative body. : Provided,

 

however, That However, the local legislative body shall provide by

 

ordinance that the zoning board of appeals, if the municipality has

 

such a zoning board of appeals, or if not, then a board of appeals

 

created for the purpose, shall have has the power on appeal filed

 

with it by the owner of real property in the area to approve a

 

minor deviation from the plan for the area in any case in which

 

such the board finds, upon the evidence presented to it, that the

 

application of the plan results in unnecessary hardship or

 

practical difficulties and a minor deviation from the development

 

plan is required by considerations of justice and equity. Before

 

taking any such action, the board shall hold a public hearing

 

thereon, on the action. Before January 1, 2015, at least 10 days'

 

notice of the time and place of which shall be given the hearing

 

shall be provided by the board by public publishing notice in a

 

newspaper published or circulated generally in the municipality.

 

and by notice Beginning January 1, 2015, tier A public notice of

 

the time and place of the hearing shall be provided by the board as

 

set forth in the local government public notice act. In addition,

 

at least 10 days' notice of the time and place of the hearing shall

 

be provided to all property owners within 200 feet of the property

 

in question, such the notice to be by mail addressed to the

 

respective owners at the address given in the last assessment roll.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5560 of the 97th Legislature is enacted into

 

law.