Bill Text: MI HB6020 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Economic development; obsolete property and rehabilitation; public notice provisions in neighborhood area improvement act; revise to make reference to the local government public notice act. Amends secs. 3 & 10 of 1949 PA 208 (MCL 125.943 & 125.950). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6020 Detail]

Download: Michigan-2013-HB6020-Introduced.html

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HOUSE BILL No. 6020

 

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

 

     A bill to amend 1949 PA 208, entitled

 

"An act to authorize cities, villages and townships of this state

to designate neighborhood areas for the purpose of planning and

carrying out local public improvements for the prevention of blight

within such areas; to authorize assistance in carrying out plans

for local improvements by the acquisition and disposal of real

property in such areas; to provide for the combining of

neighborhood improvements that benefit the entire neighborhood into

1 improvement project; to provide for the establishment of local

assessment districts coterminous with the neighborhood boundaries;

to prescribe the methods of financing the exercise of these powers,

and to declare the effect of this act,"

 

by amending sections 3 and 10 (MCL 125.943 and 125.950).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) The following plans, statements, and actions are

 

hereby made requisite for, and a condition of, the exercise of the

 

powers herein granted under this act for the acquisition, disposal,

 

or lease of real property for the carrying out of a neighborhood

 

betterment plan in a neighborhood area: ;

 

     (a) A master plan of the municipality approved by the planning

 

commission and adopted by the legislative body, or a master plan

 

sufficiently advanced to permit the designation of neighborhood

 

areas and so approved and adopted. ;

 

     (b) A plan of neighborhoods that sets forth precisely, the

 

location of neighborhood areas within the municipality, approved by

 

the planning commission, and which has been adopted by the

 

legislative body. Such a The plan described in this subdivision

 

must conform with the master plan of the municipality. ;

 

     (c) A neighborhood betterment plan approved by the planning

 

commission and adopted by the legislative body after a public

 

hearing thereon as hereinafter provided of in this act for the

 

neighborhood area in which is located the land proposed to be

 

acquired for improvement purposes.

 

     (2) Such The plan described in subsection (1) shall designate

 

the location, extent, character, and estimated cost of the

 

improvements contemplated for the area, ; and may include any or

 

all 1 or more of the following improvements:

 

     (a) Partial or total vacation of plats. , or replatting;

 

     (b) Replatting, opening, widening, straightening, extending,

 

vacating, or closing streets, alleys, or walkways. ; locating

 

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

 

public utilities. ; paving

 

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

 

situations. ; acquiring

 

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

 

or facilities. ; elimination

 

     (f) Elimination of nonconforming uses. ; rehabilitation

 

     (g) Rehabilitation of blighted areas. ; street

 

     (h) Street tree planting. ; green

 

     (i) Green belts , or buffer strips. and other

 

     (j) Other appropriate public improvements.

 

     (3) The plan 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 within their

 

means and without undue hardship to such those families.

 

     (4) The local legislative body, prior to adopting a

 

neighborhood betterment plan, shall hold a public hearing. thereon.

 

Notice Through December 31, 2014, notice of time and place of such

 

hearing shall be given by publication in a newspaper of general

 

circulation not less than 30 days prior to the date set for such

 

hearing. Beginning January 1, 2015, the local legislative body

 

shall provide tier B public notice with a link as provided in the

 

local government public notice act not less than 30 days prior to

 

the date set for the hearing. Notice of such the hearing shall be

 

mailed at least 15 days before such the hearing to the last known

 

owner of each parcel of land in such the area at the last known

 

address of such the owner as shown by the records of the assessor.

 

Such The notice shall contain a description of the neighborhood

 

area. For purposes of this notice it shall be sufficient to

 

describe the neighborhood area by its location in relation to

 

highways, streets, streams, or otherwise. Such The notice shall

 

further contain a statement that maps, plats, and a particular

 

description of the betterment plan are available for public

 

inspection at a suitable place to be designated in such the notice.

 

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 thereto.

 

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

 

for the betterment of a neighborhood area by the legislative body,

 

no permit shall be issued for building construction, sidewalks,

 

drainage systems, or other major improvements done on properties

 

indicated for public improvements which are not in accordance with

 

the plans officially adopted and made effective by the legislative

 

body. : Provided, however, That However, the 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 such that purpose, shall have 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 betterment

 

plan is required by consideration of justice and equity. Before

 

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

 

thereon, on that issue, and, through December 31, 2014, provide at

 

least 10 days' notice of time and place of which shall be given the

 

hearing by public notice in a newspaper published or circulated

 

generally in the municipality. and by Beginning January 1, 2015,

 

the legislative body shall provide tier B public notice with a link

 

as provided in the local government public notice act at least 10

 

days prior to the public hearing. In addition, the legislative body

 

shall also provide notice to all property owners within the

 

neighborhood area, such 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 Senate Bill No. ___ or House Bill No. 5560 (request no.

 

03796'13) of the 97th Legislature is enacted into law.