Utah Code 17C-1-806. Requirements for notice provided by agency
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(1) The notice required by Section 17C-1-805 shall be given by:
Terms Used In Utah Code 17C-1-806
- Board: means the governing body of an agency, as described in Section
17C-1-203 . See Utah Code 17C-1-102 - Community: means a county or municipality. See Utah Code 17C-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
- Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with:
(47)(a) for an urban renewal project area, Section17C-2-201 ;(47)(b) for an economic development project area, Section17C-3-201 ;(47)(c) for a community development project area, Section17C-4-204 ; or(47)(d) for a community reinvestment project area, Section17C-5-302 . See Utah Code 17C-1-102- Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
(48)(a) promoting, creating, or retaining public or private jobs within the state or a community;(48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;(48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;(48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;(48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;(48)(f) providing open space, including streets or other public grounds or space around buildings;(48)(g) providing public or private buildings, infrastructure, structures, or improvements;(48)(h) relocating a business;(48)(i) improving public or private recreation areas or other public grounds;(48)(j) eliminating a development impediment or the causes of a development impediment;(48)(k) redevelopment as defined under the law in effect before May 1, 2006; or(48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102- Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
- record owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Tax increment: means the difference between:
(61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section59-2-924 ; and(61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section59-2-924 . See Utah Code 17C-1-102- Taxing entity: means a public entity that:
(62)(a) levies a tax on property located within a project area; or(62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102- Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section
17C-1-402 . See Utah Code 17C-1-102(1)(a) publishing notice for the county, as a class A notice under Section 63G-30-102, for at least 14 days before the day on which the hearing is held; and(1)(b) at least 30 days before the hearing, mailing notice to:(1)(b)(i) each record owner of property located within the project area or proposed project area;(1)(b)(ii) the State Tax Commission;(1)(b)(iii) the assessor and auditor of the county in which the project area or proposed project area is located; and(1)(b)(iv)(1)(b)(iv)(A) if a project area is subject to a taxing entity committee, each member of the taxing entity committee and the State Board of Education; or(1)(b)(iv)(B) if a project area is not subject to a taxing entity committee, the legislative body or governing board of each taxing entity within the boundaries of the project area or proposed project area.(2) The mailing of the notice to record property owners required under Subsection (1)(b)(i) shall be conclusively considered to have been properly completed if:(2)(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(2)(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.(3) The agency shall include in each notice required under Section 17C-1-805:(3)(a)(3)(a)(i) a boundary description of the project area or proposed project area; or(3)(a)(ii)(3)(a)(ii)(A) a mailing address or telephone number where a person may request that a copy of the boundary description be sent at no cost to the person by mail, email, or facsimile transmission; and(3)(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 and other related information;(3)(b) a map of the boundaries of the project area or proposed project area;(3)(c) an explanation of the purpose of the hearing; and(3)(d) a statement of the date, time, and location of the hearing.(4) The agency shall include in each notice under Subsection (1)(b):(4)(a) a statement that property tax revenue resulting from an increase in valuation of property within the project area or proposed project area will be paid to the agency for project area development rather than to the taxing entity to which the tax revenue would otherwise have been paid if:(4)(a)(i)(4)(a)(i)(A) the taxing entity committee consents to the project area budget; or(4)(a)(i)(B) one or more taxing entities agree to share property tax revenue under an interlocal agreement; and(4)(a)(ii) the project area plan provides for the agency to receive tax increment; and(4)(b) an invitation to the recipient of the notice to submit to the agency comments concerning the subject matter of the hearing before the date of the hearing.(5) An agency may include in a notice under Subsection (1) any other information the agency considers necessary or advisable, including the public purpose achieved by the project area development and any future tax benefits expected to result from the project area development.