(a) The Director of Community Development, the Director of Public Safety or the Director of Public Health and Welfare or any combination thereof, with the consent of the member or members of Council in whose ward(s) the premises is located, who may use a community based group located in the ward where the premises is located to consent to the legislation, 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 directors has reason to believe are blighted premises and which are located within the City of Cleveland but outside of areas of the City designated by the other chapters contained in this Community Development Code of the City of Cleveland, or outside of Business Revitalization districts in which the application of provisions contained in Chapter 324 are prohibited by supplemental guidelines, standards or plans promulgated and approved pursuant to Section 303.09 of the Codified Ordinances. The legislation shall state briefly the factors which 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, are such that, in order to eliminate the existing blight and to prevent future blight, acquisition thereof will be necessary for one (1) 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 blighted 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 thirty (30) days after due notice of the request or order has been given by:
A. Posting such order or notice on the premises; or
B. Personal delivery; or
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 Commissioner of Building and Housing 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 the 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 directors requesting the legislation based upon conditions existing on the premises and in the neighborhood, such direct action would be likely to prove inadequate to eliminate blight 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; or
(2) The blighted premises is a vacant lot which has been cited by the Commissioner of Environmental Health more than three (3) times in a one (1) year period or where the City has had to clean the lot at least twice during a one (1) year period; or
(3) The blighted premises has been used on more than two (2) occasions during a one (1) 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 of the Council committee hearings on the legislation.
(Ord. No. 1444-A-88. Passed 6-18-90, eff. 6-27-90)