(a) The Building Commissioner or the Director of Economic and Community Development shall present to City Council, from time to time and as circumstances warrant, legislation which shall list therein the location and ownership of premises which said director or commissioner have reason to believe are blighted premises. The legislation shall briefly state the factors that would warrant the determination that the premises so listed in the legislation are blighted. The premises so listed in the legislation shall be only those blighted premises, which, in the opinion of the director or commissioner, are such that, in order to eliminate the existing blight and to prevent future blight, acquisition thereof will be necessary. The following factors shall be considered in determining whether acquisition of the premises is necessary to eliminate existing blight and/or prevent future blight:
(1) The owner of the blighted premises cannot or will not eliminate the blighted condition, and/or prevent recurrence of the blighted condition.
(2) The length of time the subject premises has remained in the blighted condition after receiving the notice of Housing and/or Building Code violations.
(3) Whether the owner, owner's agent, or person in charge of the subject property has been convicted of Housing Code, Apartment Maintenance Code, or Business Maintenance Code violations on said premises and failed to comply with a court order to fix or correct the violation.
(4) Whether the City Council has, within the past two (2) years, declared the property a public nuisance and the owner cannot or will not eliminate the nuisance.
(5) Whether direct action including, but not limited to, clearing the premises of the debris, demolition of blighted structures, or effecting repairs as provided in Chapters 1379, 1389, and 1395 of the Codified Ordinances of the City of Bedford Heights, would prove to be inadequate and, in the opinion of the director or commissioner making the report, that direct action would likely prove inadequate to eliminate blight or prevent its recurrence.
(b) It shall be prima facie evidence that the owner of the blighted premises is unwilling or unable to eliminate or prevent the recurrence of the blighted condition of the premises if the blighted premises has been condemned or the owner has been prosecuted under the Housing Code, Apartment Maintenance Code, or Business Maintenance Code and after being found guilty has failed to comply with the court's order to make repairs.
The owner's unwillingness or inability to eliminate or prevent the recurrence of the blighted condition of the premises may also be established through testimony and documentary evidence of the Council hearings on the legislation.
(Ord. 2005-116. Passed 7-19-05; Ord. 2009-060. Passed 4-7-09.)