§ 21-102. Identification of blighted property.

(a)

In order for a parcel of real property to be officially designated as maintained in a blighted condition and subject to increased taxation, the following steps must be completed:

(1)

A request may be made by a public officer or by at least five (5) residents of the city charging that the building, structure, or property meets the criteria described in section 21-100(b)(1).

(2)

An investigation or inspection by a public officer and determination that the property in question meets the criteria described in section 21-100(b)(1).

(3)

A written inspection report of the findings for any parcel of property inspected pursuant to subjection (1) and (2) above shall be prepared and submitted to the public officer. Where feasible, photographs of the conditions found to exist on the property on the date of the inspection shall be made and supplement the inspection report. Where compliance with minimum construction, housing, occupancy, fire and life safety codes in effect within the city are in question, the inspection shall be conducted by a certified inspector possessing the requisite qualifications to determine minimal code compliance.

(4)

Following completion of the inspection report, the public officer shall make a determination, in writing, that a property is maintained in a blighted condition, as defined by this article, and is subject to increased taxation as provided herein.

(5)

The public officer shall cause a written notice of his determination that the real property at issue is being maintained in a blighted condition to be served upon the person(s) shown on the most recent tax digest of Laurens County as responsible for payment of ad valorem taxes assessed thereon; provided, however, where through the existence of reasonable diligence it becomes known to the public officer that the real property in question has been sold or conveyed since publication of the most recent tax digest, written notice shall be given to the person(s) known or reasonably believed to then won the property or be chargeable with the payment of ad valorem taxes thereon, at the best address available. Service in the manner set forth at O.C.G.A. § 41-2-12 shall constitute sufficient notice to the property's owner or person chargeable with the payment of ad valorem taxes for purpose of this section, except that posting of the notice on the property will not be required.

(b)

The written notice given to the person(s) chargeable with the payment of ad valorem taxes shall notify such person(s) of the public officer's determination the real property is being maintained in a blighted condition and shall advise such person of the hours and location at which the person may inspect and copy the public officer's determination and any supporting documentation. Persons notified that real property of which the person(s) is chargeable with the payment of ad valorem taxes shall have thirty (30) days from the receipt of notice in which to request a hearing before the city's municipal court. A written request for a hearing shall be filed with the public officer and shall be date stamped upon receipt. Upon receipt of a request for a hearing, the public officer shall notify the municipal court and the building inspector or person who performed the inspection and prepared the inspection report. In the event a hearing is not requested within thirty (30) days as provided herein, the blighted property shall become subject to the increased taxation provided for herein. The public officer shall give written notice to the city clerk of such failure to request a hearing within the time limit.

(c)

Within thirty (30) days of the receipt of a request for a hearing, the municipal court clerk shall set a date, time and location for the hearing and shall give at least ten (10) business days' notice to the person(s) requesting the hearing, the public officer, and the building inspector or person who performed the inspection and prepared the inspection report. Notice of scheduled hearings shall be published as a legal advertisement in the legal organ of Laurens County, at least five (5) days prior to the hearing. Hearings may be continued by the municipal court judge upon request of any party, for good cause.

(d)

At the hearing, the public officer shall have the burden of demonstrating by a preponderance of the evidence that the subject property is maintained in a blighted condition, as defined by this article. The municipal court judge shall cause a record of the evidence submitted at the hearing to be maintained. Upon hearing from the public officer and/or their witnesses and the persons(s) requesting the hearing and/or their witnesses, the judge of the municipal court shall make a determination either affirming or reversing the determination of the public officer. The determination shall be in writing and copies thereof shall be served on the parties by certified mail or statutory overnight delivery. The determination by the municipal court judge shall be deemed final. A copy of such determination shall also be served upon the city clerk.

(e)

Persons aggrieved by the determination of the municipal court affirming the determination of the public officer may petition the Superior Court of Laurens County for a writ of certiorari within thirty (30) days of the issuance and filing of the court's written determination.

(f)

Any property determined to be blighted, either by the expiration of thirty (30) days from the date of receipt of notice by the property owner from the public officer or by order of the court, on or after August 1st shall not be subject to the increased taxation provided herein until the following taxable year.

(Ord. No. 16-15, 12-1-2016; Ord. No. 17-15, §§ 2, 3, 4, 10-5-2017)