§ 18-8. Hearing; notices.

The Plan Commission shall hold a public hearing or hearings on each proposed subdivision. Notices of the public hearing shall be given as follows:

(1)

The applicant shall notify by written notices of the hearing all persons to whom the current real estate tax bills are sent, as shown on the records of the County Assessor, for all lots any part of which lie within 250 feet of the boundaries of the subject property, not excluding streets and alleys, as well as all occupants of such lots. All such notices shall be provided to the applicant by the Director of Community Development and shall show the number assigned to the application (if any), the date, time, and place of the public hearing, and the nature of the application being considered at the hearing. All such notices shall be delivered not less than 15 days nor more than 30 days in advance of the scheduled hearing date. For the purposes of this section, the term "occupant" shall include occupants of all residential, business, and institutional properties. Such notices shall be delivered by hand or by mail. Any notice which is delivered by hand shall be given as follows:

a.

In the case of a natural person, to the person entitled to the notice or a member of that person's household over the age of 13;

b.

In the case of a corporation, to any officer or registered agent; and

c.

In the case of a partnership, to any general partner.

1.

Any notice that is delivered by mail to an owner of a property shall be sent to the person's last known address with United States Postal Service delivery confirmation or by certified or registered mail, postage pre-paid and return receipt requested.

2.

Any notice that is mailed to an occupant may be sent by first-class mail addressed simply to "Occupant" at the appropriate address, without the actual name of the occupant being specified.

3.

Notices delivered by mail shall be deemed to have been given when deposited in the U.S. mail.

4.

The applicant shall file a sworn affidavit containing a complete list of names and last known addresses of the persons entitled to notice and served, and the method thereof. Such affidavit shall be filed with the Secretary of the Plan Commission not less than ten days in advance of the hearing, exclusive of the date of the hearing itself.

(2)

Service by publication. The Secretary of the Plan Commission shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the village not more than 30 days nor less than 15 days in advance of such hearing.

(3)

Service by posting. The Secretary of the Plan Commission shall cause a notice to be posted on the property which is proposed for subdivision, showing the case number assigned, the date, time and place of the hearing and the change or relief sought, not more than 30 days nor less than 15 days prior to the public hearing and posted as follows:

a.

On an unimproved lot placed not more than 15 feet from the front lot line and not less than four feet nor more than six feet from the ground level and placed in such a manner as to be visible from the public way.

b.

On an improved lot placed near the front or main entrance door of the improvement so as to be visible from the public way.

(4)

Additional service. Supplemental or additional notice may be distributed, published or posted as the Plan Commission may, by rule, prescribe from time to time.

(Code 1993, § 15-2.5.1; Ord. No. 82-O-36, 9-7-1982; Ord. No. 2006-O-15, 3-14-2006; Ord. No. 2006-O-86, 11-14-2006)