Utah Code 10-9a-1004. Notification prior to creation of a home ownership promotion zone
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(1)
Terms Used In Utah Code 10-9a-1004
- Agency: means the same as that term is defined in Section
17C-1-102 . See Utah Code 10-9a-1001 - Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 10-9a-1001
- Legislative body: means the municipal council. See Utah Code 10-9a-103
- Municipality: means :(5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;(5)(b) a town, as classified in Section
10-2-301 ; or(5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
- State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
- Tax commission: means the State Tax Commission created in Section
59-1-201 . See Utah Code 10-9a-1001- Taxing entity: means the same as that term is defined in Section
17C-1-102 . See Utah Code 10-9a-1001(1)(a) As used in this section, “hearing” means a public meeting in which the legislative body of a municipality:(1)(a)(i) considers a resolution creating a home ownership promotion zone; and(1)(a)(ii) takes public comment on a proposed home ownership promotion zone.(1)(b) A hearing under this section may be combined with any other public meeting of a legislative body of a municipality.
(2) Before a municipality creates a home ownership promotion zone as described in Section 10-9a-1002 , it shall provide notice of a hearing as described in this section.
(3) The notice required by Subsection (2) shall be given by:
(3)(a) publishing notice for the municipality, as a class A notice under Section 63G-30-102 , for at least 14 days before the day on which the legislative body of the municipality intends to have a hearing;
(3)(b) at least 30 days before the hearing, mailing notice to:
(3)(b)(i) each record owner of property located within the proposed home ownership promotion zone;
(3)(b)(ii) the State Tax Commission;
(3)(b)(iii) the assessor and auditor of the county in which the proposed home ownership promotion zone is located; and
(3)(b)(iv)
(3)(b)(iv)(A) if the proposed home ownership promotion zone is subject to a taxing entity committee, each member of the taxing entity committee and the State Board of Education; or
(3)(b)(iv)(B) if the proposed home ownership promotion zone is not subject to a taxing entity committee, the legislative body or governing board of each taxing entity within the boundaries of the proposed home ownership promotion zone.
(4) The mailing of the notice to record property owners required under Subsection (3)(b) shall be conclusively considered to have been properly completed if:
(4)(a) the agency mails the notice to the property owners as shown in the records, including an electronic database, of the county recorder’s office and at the addresses shown in those records; and
(4)(b) the county recorder’s office records used by the agency in identifying owners to whom the notice is mailed and their addresses were obtained or accessed from the county recorder’s office no earlier than 30 days before the mailing.
(5) The municipality shall include in each notice required under this section:
(5)(a)
(5)(a)(i) a boundary description of the proposed home ownership promotion zone; or
(5)(a)(ii)
(5)(a)(ii)(A) a mailing address or telephone number where a person may request that a copy of the boundary description of the proposed home ownership promotion zone be sent at no cost to the person by mail, email, or facsimile transmission; and
(5)(a)(ii)(B) if the agency or community has an Internet website, an Internet address where a person may gain access to an electronic, printable copy of the boundary description of the proposed home ownership promotion zone;
(5)(b) a map of the boundaries of the proposed home ownership promotion zone;
(5)(c) an explanation of the purpose of the hearing; and
(5)(d) a statement of the date, time, and location of the hearing.
(6) The municipality shall include in each notice under Subsection (3)(b):
(6)(a) a statement that property tax revenue resulting from an increase in valuation of property within the proposed home ownership promotion zone will be paid to the municipality for proposed home ownership promotion zone development rather than to the taxing entity to which the tax revenue would otherwise have been paid; and
(6)(b) an invitation to the recipient of the notice to submit to the municipality comments concerning the subject matter of the hearing before the date of the hearing.
(7) A municipality may include in a notice under Subsection (2) any other information the municipality considers necessary or advisable, including the public purpose achieved by the proposed home ownership promotion zone.