(a) The Building Commissioner or the Director of Public Safety or any combination thereof, with the consent of the member or members of Council in whose ward(s) the premises is located, shall present to 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 has reason to believe are blighted premises within the City of Brook Park. The legislation shall state briefly the factors, which would warrant the determination that the premises so listed in the legislation is (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 for one or more of the following reasons which shall be stated in the legislation:
(1) The owner of the blighted premises cannot or will not:
A. Eliminate the blight condition; and/or
B. Prevent recurrence of the blighted condition.
(2) The owner of the blighted premises has not responded to a lawful order by the City to take action to eliminate its recurrence within 30 days after due notice of the request or order has been given by:
A. Posting such order or notice on the premises;
B. Personal delivery;
C. Mailing such order or notice to the last known address of the owner; or
D. Publishing in a newspaper of general circulation a notice of the issuance of the order relating to the premises and directing the owner to contact the Building Commissioner in regard to such order.
(3) Direct action, short of acquisition by the City to eliminate the blight, including but not limited to clearing the premises of debris, demolition of blighted structures, or barricading such structure has proved to be unsuccessful:
A. To eliminate the blight; or
B. To prevent its recurrence.
(4) In the opinion of the Director or Commissioner requesting legislation based upon conditions existing on the premises and in the neighborhood, such direct action would be likely to prove inadequate to eliminate or prevent its recurrence.
(b) For purposes of division (a)(1) of this section, 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:
(1) The blighted premises has been condemned;
(2) The blighted premises is a vacant lot which has been cited more than three times in a one year period or where the City has had to clean or maintain the lot at least twice during a one year period; or
(3) The blighted premises has been used on more than two occasions during a one year period as the site for the commission of drug offenses, prostitution, gambling or other criminal acts which constitute a public nuisance. 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.
(Ord. 9029-2003. Passed 10-21-03.)