(A) The Development Department shall each year determine which properties in the city are abandoned urban properties and shall prepare and furnish a list of abandoned urban properties located in the city to the city’s Finance Department and the Kenton County Property Valuation Administrator prior to January 1 of each year.
(B) Except as otherwise provided in division (C) below, a property classified by the Development Department as “abandoned urban property” as of January 1 may be taxed as abandoned urban property for such tax year. If the owner repairs, rehabilitates or otherwise returns the property to productive use so that the property is no longer abandoned urban property, the owner shall notify the Development Department, which shall, if it finds the property no longer abandoned urban property, notify the Finance Department and the Kenton County Property Valuation Administrator to strike the property from the list of abandoned urban properties as of the succeeding January 1.
(C) (1) No later than July 1 of each year, the Development Department shall mail, by first-class mail, to the owner(s) of each abandoned urban property, as those name(s) are listed in the records of the Kenton County Property Valuation Administrator, a notice that this property has been classified as abandoned urban property. The owner of any abandoned urban property who believes that the property has been incorrectly classified may request an appeal of such classification to the City Manager or his/her designee. Such request for appeal shall be in writing and shall be delivered to the City Manager or his/her designee with a copy to the City Solicitor no later than August 1 of each year. The City Manager or his/her designee shall afford the owner the opportunity for a hearing.
(2) If, after a hearing or after waiver of a hearing by the owner, an owner of property that has been classified as abandoned urban property demonstrates through substantial evidence that: the property was incorrectly classified as abandoned urban property; or the conditions that caused the property to be classified as abandoned urban property have been abated and the property has been returned to its intended productive use, then the City Manager or his/her designee shall direct the Finance Department to remove the property from the abandoned urban property classification list.
(3) The City Manager or his/her designee shall develop policies and procedures for conducting such appeals, which may include designating one or more hearing officers to hear appeals on behalf of the City Manager or his/her designee.
(D) (1) Any person or entity claiming to be injured or aggrieved by any final action of the City Manager or his/her designee may appeal the action to the county’s Circuit Court.
(2) The appeal must be taken within 30 days after the final action of the City Manager or his/her designee.
(3) All final actions that have not been appealed within 30 days will not be subject to judicial review.
(1984 Code, § 97.06) (Ord. O-44-04, passed 6-29-2004; Ord. O-15-07, passed 5-29-2007; Ord. O-19-14, passed 7-30-2014; Ord. O-39-16, passed 12-6-2016)