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HomeMy WebLinkAboutORDINANCE - 2327 - 10/12/1993 - BLIGHTED PROPERTY, ACQUIRENO. 2327 AN ORDINANCE AMENDING TITLE 8 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY ADDING THERETO A NEW CHAPTER FOR THE PURPOSE OF PROVIDING AUTHORITY FOR THE VILLAGE OF ELK GROVE VILLAGE TO EXERCISE ITS HOME RULE EMINENT DOMAIN POWERS TO ACQUIRE PROPERTY WHICH IS BLIGHTED WHEREAS, the Village of Elk Grove Village is a home rule unit of local government pursuant to the provisions of Article VII, Sec- tion 6 of the Illinois Constitution; and WHEREAS, as a home rule unit of local government, the Village of Elk Grove Village is authorized to exercise any power and per- form any function pertaining to its government and affairs except as limited by Article VII, Section 6; and WHEREAS, the authority which the Village of Elk Grove Village has as a home rule unit of local government, includes the authority to acquire property through the exercise of the power of eminent domain; and WHEREAS, the corporate authorities of the Village of Elk Grove Village find that there are areas within the Village which are or which may be blighted; and WHEREAS, the corporate authorities of the Village of Elk Grove Village find that the elimination and redevelopment of areas within the Village which are blighted will enhance the Village's tax base and may eliminate conditions which are dangerous to the public health, safety or welfare, and the elimination of said blight con- stitutes a valid public purpose; and WHEREAS, the corporate authorities of the Village of Elk Grove Village desire to authorize the Village to exercise its powers as a home rule unit of local government to acquire areas within the Village which are blighted through the exercise of eminent domain; and WHEREAS, it is not the intention of the corporate authorities of the Village of Elk Grove Village by enacting this ordinance to modify the procedural rules by which Illinois municipal corpora- tions may exercise their powers of eminent domain in the courts of the state. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, in the exercise of its home rule powers, as follows: Section 1: That Title 8 of the Village Code of the Village of Elk Grove Village shall be and is hereby amended by adding there- to a new chapter, which chapter shall read as follows: Chapter 13 - Redevelopment of Blighted Areas. 8-13-1 Blight Area. A. Eminent Domain. The corporate authorities of the Village may (1) )exercise its power of eminent domain to ac- quire by condemnation or otherwise any improved or unimproved real property which is necessary and appropriate for the public purpose of elimination and eradication of any blight areas and for the redevelopment of any blight area, including the fee simple title or such lesser property interest, in- cluding existing leaseholds, as the corporate authorities -2- deem necessary and appropriate; (2) hold or use any such property for public uses; and (3) convey, lease, mortgage, dispose of land or other property, real or personal, or rights therein, for purposes of redevelopment, all in a manner and at such price as the Village determines is rea- sonably necessary to achieve the public purpose of elimi- nating and eradication of a blight area and the redevelop- ment of a blight area. B. Definition. "Blight area" means any area which has been designated as a blight area as provided in this section. Any improved or vacant area located within the territorial limits of the Village may be designated by the corporate authorities as a blight area where, if improved, industrial, commercial and residential buildings or improve- ments, because of a combination of five or more of the following factors: age; dilapidation; obsolescence; deter- ioration; illegal use of individual structures; presence of structures below minimum code standards; excessive vacan- cies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inade- quate utilities; excessive land coverage; deleterious land use or layout; depreciation or lack of physical maintenance; . lack of community planning, are detrimental to the public safety, health, morals or welfare, or if vacant, the sound growth of the area is impaired by, (1) a combination of two or more of the following factors: obsolete platting of.the vacant land; diversity of the ownership of such land; tax and special assessment delinquencies on such land; deter- ioration of structures or site improvements in neighboring areas to the vacant land or (2) the area immediately prior to becoming vacant qualified as an improved blight area. C. Public Hearing. If the corporate authorities of the Village are considering the designation of the area as a blight area, the corporate authorities shall, by ordin- ance, provide for a public hearing, to be held by the cor- porate authorities, to determine if the area under consi- deration qualifies as a blight area, and at such hearing shall hear testimony and receive evidence of the factors that exist in the proposed blight area. At the public hear- ing, any interested person may file with the Village Clerk written objections to and may be heard orally in respect to any issues embodied in the notice of the public hearing. The Village shall hear and determine all protests and ob- jections at the hearing and the hearing may be adjourned -3- to another date without further notice, other than a motion to be entered upon the minutes, fixing the time and place of the subsequent hearing. D. Notice. Notice of the public hearing provided for in Subsection C. shall be given by publication and mailing. Notice by publication shall be given by publica- tion at least twice, the first publication to be not more than thirty (30), nor less than ten (10) days prior to the hearing in a newspaper of general circulation within the Village. Notice by mailing shall be given by depositing such notice in the United States Mails, by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed blight area. Said notice shall be mailed not less than ten (10) days prior to the date set for public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the persons last listed on the tax rolls within the preceding three (3) years as the owners of such property. The notices published and mailed pursuant to this subsection D shall include the following: (1) The time and place of public hearing. (2) The boundaries of the proposed blight area by legal description and by street location where possible; (3) A notification that all interested persons will be given an opportunity to be heard at the public hearing; (4) A notification that property within the proposed blight area may be subject to being acquired by the Village through condemnation if it is determined that a blight area exists; (5) Such other matters as the Village may deem appropriate. E. Ordinance of Determination. The corporate authori- ties may, by ordinance, within 14 to 90 days from the com- pletion of the public hearing provided for in Subsection C. determine that all or a part of the area described in the -4- public notices published and mailed pursuant to Subsection D. is a blight area. Said ordinance shall designate the blight area, set forth the boundaries of the blight area and the factors that exist in the blight area that are de- trimental to the public health, safety, morals and/or wel- fare. F. Redevelopment Public Hearing. Prior to adopting any ordinance providing for the conveyance, lease, mortgage, disposition of land or other property or agreement relating to the redevelopment of all or any part of a blight area, the corporate authorities of the Village shall hold a public hearing and request proposals for the redevelopment of the property. Notice of the public hearing and the request for proposals shall be published in a newspaper which has a general circulation within the Village of Elk Grove Village. The notice shall be published not more than thirty (30) nor less than twenty-one (21) days prior to the public hearing. Notice of the public hearing shall state: (1) The time and place of the public hearing. (2) The boundaries of the blight area by legal description and by street location for which the Village is requesting redevelopment pro- posals. (3) The deadline by which written redevelopment proposals must be submitted to the Village Clerk, which deadline shall be the close of business of the last working day which ends not less than seven days prior to the date of the public hearing. (4) A notification that all interested persons will be given an opportunity to be heard and to submit written comments at the public hearing relating to the redevelopment of the property and any redevelopment proposals which have been submitted to the Village in accordance with the notice. (5) Such other matters as the Village may deem appropriate. -5- At the hearing any interested person may file with the Vil- lage Clerk written comments and may be heard orally with respect to the redevelopment of the property and any rede- velopment proposal or proposals which may have been submitted with respect to the property. The hearing may be adjourned to another date without further notice other -than a motion to be entered upon the minutes fixing a time and place of the subsequent hearing. Following the close of the hearing, the corporate authorities may reject all redevelopment pro- posals or enact an ordinance approving or accepting a rede- velopment proposal and providing for the conveyance, lease, mortgage, disposition of land or other property within the blight area described in the notice of public hearing. Such approval or acceptance may be subject to any conditions the corporate authorities deem to be appropriate. G. Conveyance. No conveyance, lease, mortgage, dis- position of land or other property agreement relating to the redevelopment of all or any part of a blight area shall be made by the Village, except upon the adoption of an or- dinance by the corporate authorities of the Village. Fur- thermore, no conveyance, lease, mortgage or other disposi- tion of land or agreement relating to the redevelopment of all or any part of the blight area shall be made without public disclosure of the terms of the disposition and all bids and proposals made relating to redevelopment of the property. Section 2: This ordinance and each of its terms shall be the effective legislative act of a home rule municipality without regard to whether such ordinance should (a) contain terms contrary to the provisions of current or subsequent non -pre-emptive state law, or (b) legislate in a manner or regarding a matter not dele- gated to municipalities by state law. It is the intent of the corporate authorities of the Village of Elk Grove Village that to the extent that the terms of this ordinance should be incon- sistent with any non -pre-emptive state law, that this ordinance shall supersede state law in that regard within its jurisdiction. 0M. Section 3: The Village Clerk is hereby directed to publish this ordinance in pamphlet form. Section 4: This ordinance shall be in full force and effect upon its passage and approval and shall subsequently be published in pamphlet form as provided by law. VOTE: AYES: 6 NAYS: O ABSENT: O PASSED this 12th day of October 1993. APPROVED this 12th day of October 1993. APPROVED: Dennis J. Gallitano VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PUBLISHED this 15th day of October 1993, in pamphlet form. da