SB-0975, As Passed House, June 25, 2008
SUBSTITUTE FOR
SENATE BILL NO. 975
A bill to amend 1992 PA 147, entitled
"Neighborhood enterprise zone act,"
by amending section 3 (MCL 207.773), as amended by 2005 PA 339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The governing body of a local governmental unit by
resolution may designate 1 or more neighborhood enterprise zones
within
that local governmental unit. A Except
as otherwise provided
in this subsection, a neighborhood enterprise zone shall contain
not less than 10 platted parcels of land. A neighborhood enterprise
zone located in a qualified downtown revitalization district may
contain less than 10 platted parcels if the platted parcels
together contain 10 or more facilities. All the land within a
neighborhood enterprise zone shall also be compact and contiguous.
Contiguity is not broken by a road, right-of-way, or property
purchased or taken under condemnation if the purchased or condemned
property was a single parcel prior to the sale or condemnation.
(2) The total acreage of the neighborhood enterprise zones
containing only new facilities or rehabilitated facilities or any
combination of new facilities or rehabilitated facilities
designated under this act shall not exceed 15% of the total acreage
contained within the boundaries of the local governmental unit. The
total acreage of the neighborhood enterprise zones containing only
homestead facilities designated under this act shall not exceed 10%
of the total acreage contained within the boundaries of the local
governmental unit or, with the approval of the board of
commissioners of the county in which the neighborhood enterprise
zone is located if the county does not have an elected or appointed
county executive or with the approval of the board of commissioners
and the county executive of the county in which the neighborhood
enterprise zone is located if the county has an elected or
appointed county executive, 15% of the total acreage contained
within the boundaries of the local governmental unit.
(3) Not less than 60 days before the passage of a resolution
designating a neighborhood enterprise zone or the repeal or
amendment of a resolution under subsection (5), the clerk of the
local governmental unit shall give written notice to the assessor
and to the governing body of each taxing unit that levies ad
valorem property taxes in the proposed neighborhood enterprise
zone. Before acting upon the resolution, the governing body of the
local governmental unit shall make a finding that a proposed
neighborhood enterprise zone is consistent with the master plan of
the local governmental unit and the neighborhood preservation and
economic development goals of the local governmental unit. The
governing body before acting upon the resolution shall also adopt a
statement of the local governmental unit's goals, objectives, and
policies relative to the maintenance, preservation, improvement,
and development of housing for all persons regardless of income
level living within the proposed neighborhood enterprise zone.
Additionally, before acting upon the resolution, the governing body
of a local governmental unit with a population greater than 20,000
shall pass a housing inspection ordinance. A local governmental
unit with a population of 20,000 or less may pass a housing
inspection ordinance. Before the sale of a unit in a new or
rehabilitated facility for which a neighborhood enterprise zone
certificate is in effect, an inspection shall be made of the unit
to determine compliance with any local construction or safety codes
and that a sale may not be finalized until there is compliance with
those local construction or safety codes. The governing body shall
hold a public hearing not later than 45 days after the date the
notice is sent but before acting upon the resolution.
(4) Upon receipt of a notice under subsection (3), the
assessor shall determine and furnish to the governing body of the
local governmental unit the amount of the true cash value of the
property located within the proposed neighborhood enterprise zone
and any other information considered necessary by the governing
body.
(5) A resolution designating a neighborhood enterprise zone,
other than a zone designated under subsection (2), may be repealed
or amended not sooner than 3 years after the date of adoption or of
the most recent amendment of the resolution by the governing body
Senate Bill No. 975 (S-1) as amended June 25, 2008
of the local governmental unit. The repeal or amendment of the
resolution shall take effect 6 months after adoption. However, an
action taken under this subsection does not invalidate a
certificate that is issued or in effect and a facility for which a
certificate is issued or in effect shall continue to be included in
the total acreage limitations under this section until the
certificate is expired or revoked.
[(6)
Upon passage, amendment, or repeal of a resolution under
this section, the clerk of the local governmental unit
shall notify
the commission of the action taken.
(6) A RESOLUTION DESIGNATING A NEIGHBORHOOD ENTERPRISE ZONE IN AN OBSOLETE PROPERTY REHABILITATION DISTRICT THAT WAS CREATED BY A LOCAL UNIT OF GOVERNMENT ON JUNE 6, 2003, AND FOR WHICH THE STATE TAX COMMISSION ISSUED OBSOLETE PROPERTY REHABILITATION CERTIFICATES ON AUGUST 26, 2003, AND SEPTEMBER 24, 2003 WILL CAUSE ANY PREVIOUS CERTIFICATE TO EXPIRE ON THE DECEMBER 30 IMMEDIATELY PRECEDING THE DECEMBER 31 ON WHICH THE FIRST NEIGHBORHOOD ENTERPRISE ZONE CERTIFICATE IS EFFECTIVE. THE TAXABLE VALUE OF THE PARCEL SHALL BE CALCULATED USING THE VALUE OF THE PARCEL BEFORE THE BUILDING PERMIT WAS ISSUED. THIS SUBDIVISION AUTHORIZES AN AMENDED OBSOLETE PROPERTY REHABILITATION CERTIFICATE APPROVED BY THE STATE TAX COMMISSION FOR THE PORTION OF THE PARCEL CONTAINED IN THE ORIGINAL CERTIFICATE FOR WHICH AN APPLICATION FOR A NEIGHBORHOOD ENTERPRISE ZONE CERTIFICATE WAS NOT SUBMITTED.]