11-25-3 - Definitions.
11-25-3. Definitions.
As used in this chapter:
(1) "Bonds" mean any bonds, notes, interim certificates, debentures, or other obligationsissued by an agency pursuant to this part and which are payable exclusively from the revenues, asdefined in Subsection (9), and from any other funds specified in this part upon which the bondsmay be made a charge and from which they are payable.
(2) (a) "Citizen participation" means action by the agency to provide persons who will beaffected by residential rehabilitation financed under the provisions of this part with opportunitiesto be involved in planning and carrying out the residential rehabilitation program. "Citizenparticipation" shall include, but not be limited to, all of the following:
(i) Holding a public meeting prior to considering selection of the area for designation.
(ii) Consultation with representatives of owners of property in, and residents of, aresidential rehabilitation area, in developing plans for public improvements and implementationof the residential rehabilitation program.
(iii) Dissemination of information relating to the time and location of meetings,boundaries of the proposed residential rehabilitation area, and a general description of theproposed residential rehabilitation program.
(b) (i) Public meetings and consultations described in Subsection (2)(a) shall beconducted by an official designated by the agency.
(ii) Public meetings shall be held at times and places convenient to residents and propertyowners.
(3) "Financing" means the lending of money or any other thing of value for the purposeof residential rehabilitation.
(4) "Agency" means a community development and renewal agency functioning pursuantto Title 17C, Limited Purpose Local Government Entities - Community Development andRenewal Agencies Act.
(5) "Participating party" means any person, company, corporation, partnership, firm,agency, political subdivision of the state, or other entity or group of entities requiring financingfor residential rehabilitation pursuant to the provisions of this part. No elective officer of thestate or any of its political subdivisions shall be eligible to be a participating party under theprovision of this part.
(6) "Residential rehabilitation" means the construction, reconstruction, renovation,replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwiseimproving residences consistent with standards of strength, effectiveness, fire resistance,durability, and safety, so that the structures are satisfactory and safe to occupy for residentialpurposes and are not conducive to ill health, transmission of disease, infant mortality, juveniledelinquency, or crime because of any one or more of the following factors:
(a) defective design and character of physical construction;
(b) faulty interior arrangement and exterior spacing;
(c) high density of population and overcrowding;
(d) inadequate provision for ventilation, light, sanitation, open spaces, and recreationfacilities;
(e) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses;and
(f) economic dislocation, deterioration, or disuse, resulting from faulty planning.
(7) "Residence" means a residential structure in residential rehabilitation areas. It alsomeans a commercial structure which, in the judgment of the agency, is an integral part of aresidential neighborhood.
(8) "Rehabilitation standards" mean the applicable local or state standards for therehabilitation of buildings located in residential rehabilitation areas, including any higherstandards adopted by the agency as part of its residential rehabilitation financing program.
(9) "Revenues" mean all amounts received as repayment of principal, interest, and allother charges received for, and all other income and receipts derived by, the agency from thefinancing of residential rehabilitation, including money deposited in a sinking, redemption, orreserve fund or other fund to secure the bonds or to provide for the payment of the principal of,or interest on, the bonds and such other money as the legislative body may, in its discretion,make available therefor.
(10) "Residential rehabilitation area" means the geographical area designated by theagency as one for inclusion in a comprehensive residential rehabilitation financing programpursuant to the provisions of this chapter.
Amended by Chapter 279, 2010 General Session