HB-4544, As Passed House, March 25, 2010

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4544

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2000 PA 146, entitled

 

"Obsolete property rehabilitation act,"

 

by amending section 3 (MCL 125.2783).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) A qualified local governmental unit, by resolution

 

of its legislative body, may establish 1 or more obsolete property

 

rehabilitation districts that may consist of 1 or more parcels or

 

tracts of land or a portion of a parcel or tract of land, if at the

 

time the resolution is adopted, the parcel or tract of land or

 

portion of a parcel or tract of land within the district is either

 

of the following:

 

     (a) Obsolete property in an area characterized by obsolete

 

commercial property or commercial housing property.

 

     (b) Commercial property that is obsolete property that was

 


owned by a qualified local governmental unit on the effective date

 

of this act, and subsequently conveyed to a private owner.

 

     (2) The legislative body of a qualified local governmental

 

unit may establish an obsolete property rehabilitation district on

 

its own initiative or upon a written request filed by the owner or

 

owners of property comprising at least 50% of all taxable value of

 

the property located within a proposed obsolete property

 

rehabilitation district. The written request must be filed with the

 

clerk of the qualified local governmental unit.

 

     (3) Before adopting a resolution establishing an obsolete

 

property rehabilitation district, the legislative body shall give

 

written notice by certified mail to the owners of all real property

 

within the proposed obsolete property rehabilitation district and

 

shall afford an opportunity for a hearing on the establishment of

 

the obsolete property rehabilitation district at which any of those

 

owners and any other resident or taxpayer of the qualified local

 

governmental unit may appear and be heard. The legislative body

 

shall give public notice of the hearing not less than 10 days or

 

more than 30 days before the date of the hearing.

 

     (4) The legislative body of the qualified local governmental

 

unit, in its resolution establishing an obsolete property

 

rehabilitation district, shall set forth a finding and

 

determination that the district meets the requirements set forth in

 

subsection (1).

 

     (5) Beginning April 1, 2010, the qualified local governmental

 

unit shall not grant an obsolete property rehabilitation exemption

 

certificate if the owner or lessee of a rehabilitated facility

 


fails to comply with section 3 of the Michigan corporate

 

responsibility act or fails to disclose a civil or criminal offense

 

as required by section 3 of the Michigan corporate responsibility

 

act. The attorney general of this state is responsible for the

 

enforcement necessary to ensure compliance with this subsection.