Chapter 122:1-1 Certification Criteria and Procedures

In the event that an “Impacted City” enters into a financial agreement for a project with a community urban redevelopment corporation pursuant to section 1728.07 of the Revised Code, subsequent revocation of a workable program certification shall in no way affect the project or the financial agreement.

R.C. 119.032 review dates: 03/15/2005 and 03/24/2009

Promulgated Under: 111.15

Statutory Authority: 122.06

Rule Amplifies: 1728.01

Prior Effective Dates: 8/11/1974, 9/26/1998, 12/22/2004

(A) Applications for workable program certification shall be signed by the executive officer of the applying municipal corporation and shall set forth each element required by the criteria of this rule in sufficient detail to enable the director of development to make a determination as to whether the requirements of this rule are met. Reasonable supporting documentation and information may be required upon the request of the director of development.

(B) The director of development shall certify the workable program of a municipal corporation where he finds that the requirements of this rule are met and that each criterion set forth in paragraphs (B)(1) to (B)(6) of this rule is substantially satisfied.

(1) The municipal corporation shall have adopted or be enforcing a municipal building code or other effective enforceable regulations which (a) meet the minimum standards set forth in the Ohio building code and all model codes adopted by the Ohio board of building standards pursuant to section 3781.10 of the Revised Code as they are or may hereafter be amended and (b) do not unduly restrict or prohibit the use of new materials and methods of construction.

(2) The municipal corporation shall have adopted or be enforcing a housing code, or other effective enforceable regulations used by the municipal corporation to maintain safe and sanitary housing, and have in effect a program of housing, building, and related code enforcement on a priority basis. The program shall include efforts (a) to eliminate blight in basically sound but deteriorating areas, and (b) to deal with serious threats to health and safety in blighted areas.

(3) The municipal corporation shall have in effect a continuing planning and programming process for orderly community development, which shall include the following elements:

(a) Alternative solutions available for the social, racial, economic, and physical problems of slums and blighted areas in the municipal corporation. Those solutions shall address the problems of poor and minority citizens and the advancement of equal opportunity, and shall include efforts to eliminate discriminatory barriers in the housing supply and to assure the availability of housing on an open occupancy basis.

(b) Land use planning without unreasonable constraints on low and moderate income housing.

(c) Efforts to develop solutions to the nonphysical problems associated with slums and blighted areas. Evidence that consideration has been given to the needs of minority citizens in planning, administrative resources, and capital programs shall be provided.

(d) A completed work program based upon census tracts or other identifiable areas which analyzes:

(i) Housing conditions, including the location and extent of blight;

(ii) Characteristics of families affected by poor housing;

(iii) The adequacy of public and private facilities and services;

(iv) Conditions in non-residential areas, including the location and extent of blight; and

(v) Factors causing blight.

(e) A completed work program based upon census tracts or other identifiable areas which proposes:

(i) Plans to eliminate present blight and future blight; and

(ii) A schedule of priorities for such plans.

(f) Due consideration of the need to provide environmental amenities.

In evaluating the planning and programming process, the director of development shall consider the following: budget and staff resources; relationships between the decision making and the planning processes; utilization of existing community resources that impact upon effects made to expand existing resources where reasonably required; and the relationship of the elements in the process.

(4) The municipal corporation shall have identified and analyzed the gap, if any, between the number of low and moderate income families living in substandard housing, and the number of units existing at prices or rentals within the means of such families. The analysis shall also project total housing needs.

(5) The municipal corporation shall have identified what administrative capabilities exist or can be provided to deal with displaced families and individuals, and what housing resources are available within the municipality and its environs. The workable program need not deal with such administrative capabilities and housing resources as they relate to specific projects.

(6) The municipal corporation shall have taken action to assure continuing opportunity for the involvement of citizens, including the poor and minorities, in:

(a) The development of the workable program goals and objectives;

(b) The planning and programming process; and

(c) Any program to expand low and moderate income housing.

Meaningful citizen participation may be established by involvement in planning, evaluating, monitoring and influencing program development and implementation, or by other appropriate means.

R.C. 119.032 review dates: 03/15/2005 and 03/24/2009

Promulgated Under: 111.15

Statutory Authority: 122.06

Rule Amplifies: 1728.01

Prior Effective Dates: 8/11/1974, 9/26/1998, 12/22/2004

(A) Written notice of the director of development’s action shall be sent to the applicant within sixty days of receipt of an application. The Director shall take such action only after an application has been determined to completely address the criteria set forth in Administrative Rule 122:1-2-02 or an application where the municipal corporation has failed to respond to the director’s request for additional information or clarification within 30 days of receipt of written notice. In the event certification is not granted, the director shall provide the applicant with a written statement of the reasons therefore.

(B) In the event certification is not granted, the chief executive officer of the applying municipal corporation may request a formal conference with the director of development by giving written notice of the request within thirty days after receipt of notice of refusal. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which he contemplates the municipal corporation may wish to present in support of its application at the formal conference.

(C) Within thirty days from receipt of a request for a formal conference, the director of development shall set a time and place for the formal conference, which shall be scheduled not less than five nor more than thirty days from the receipt date of the request for a formal conference.

(D) The applying municipal corporation may provide at the formal conference in support of its application any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.

(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:

(1) Affirmation of his prior action;

(2) Reversal of his prior action;

(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.

(F) Certification of “Impacted City” status obtained pursuant to division (C)(2) of section 1728.01 of the Revised Code shall last for two years from the date of the certification from the director of development and shall not be renewed unless the declaration on which the status is based continues in effect beyond the designated time frame of the clarification.

HISTORY: Replaces: 122:1-2-03, 122:1-3-01; Eff 8-11-74; 9-26-98; 3-24-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 122.06

Rule amplifies: RC 122.06

RC 119.032 Review Dates: 9/26/03, 12/30/03, 3/24/09

(A) In order to retain the certification of a workable program certified other than on the basis of current federal certification, a municipal corporation shall submit two years after certification and every two years thereafter to the director of development the following items:

(1) A statement of any changes in its workable program;

(2) A list of all projects that are in process including but not limited to those under construction currently subject to a tax exemption or otherwise deemed active by the applicant during the previous two year period on a form provided by the director of development; and

(3) A list of all community urban renewal corporations that have been created as part of an “Impacted Cities” project and formerly recognized by the applicant regardless of whether they are currently involved in an active project.

If there has been no substantial change with respect to a particular element, a statement to that effect may be sufficient, but reasonable supporting documentation and information may be required upon the request of the director of development.

(B) Statements shall be due 30 days prior to the two year anniversary date and 30 days prior to every subsequent two year anniversary date of the date of the director of development’s original certification. In the event that a statement is not submitted on time, or that the statement under 122:1-1-04 A is determined by the director to be inadequate, the director of development shall send to the executive officer of a municipal corporation notice that the workable program of the municipal corporation is decertified, such decertification shall be effective thirty days after receipt of the notice from the director of development.

HISTORY: Replaces in part: 122:1-2-04; Eff 8-11-74; 9-26-98; 3-24-04

Rule promulgated under: RC 111.15

Rule authorized by: RC 122.06

Rule amplifies: RC 122.06

RC 119.032 Review Dates: 9/26/03, 12/30/03, 3/24/09

(A) If upon review of the statement required by paragraph (A) of rule 122:1-1-04 of the Administrative Code, the director of development determines that a workable program no longer meets the criteria of rule 122:1-1-02 of the Administrative Code, then he shall send to the executive officer of the municipal corporation notice that the workable program of the municipal corporation is decertified effective thirty days after receipt of the notice. The notice of decertification shall include the reasons for decertification.

(B) In the event of decertification pursuant to paragraph (A) of this rule, the chief executive officer of the affected municipal corporation may request a formal conference with the director of development by giving written notice of the request within thirty days after receipt of notice of decertification. A request for a formal conference shall stay decertification of the municipal corporation’s workable program. The executive officer of the applying municipal corporation shall send, either together with the notice of a request for a formal conference or within a reasonable time thereafter, any additional information, evidence, or argument, which he contemplates the municipal corporation may wish to present in support of continued certification at the formal conference.

(C) Within thirty days from receipt of a request for a formal conference, the director of development shall set a time and place for the formal conference, which shall be scheduled not less than five nor more than thirty days from the receipt date of the request for a formal conference.

(D) The applying municipal corporation may provide at the formal conference in support of continued certification any additional information, evidence, or argument, which shall not be restricted to that submitted earlier.

(E) Within ten days after the formal conference the director shall notify the applying municipal corporation of his decision on rehearing which may be any of the following:

(1) Affirmation of his prior decision to decertify,

(2) Reversal of his prior decision to decertify,

(3) Continuance of the matter until a date certain, during which time the applicant may show that each criterion set forth in rule 122:1-1-02 of the Administrative Code is substantially satisfied.

R.C. 119.032 review dates: 03/15/2005 and 03/24/2009

Promulgated Under: 111.15

Statutory Authority: 122.06

Rule Amplifies: 1728.01

Prior Effective Dates: 8/11/1974, 9/26/1998, 12/20/2004