119.02 APPROPRIATION OF PROPERTY IN CASES OF BLIGHT.
   In addition to all other public  purposes for which appropriation of property is authorized by the United States Constitution and Ohio Constitution, and without limiting the authority of the City to appropriate property for other public purposes, the City may appropriate property to eliminate a blighted area.  As used herein:
   (a)   “Blighted area”  means either of the following:
      (1)   An area in which at least fifty percent (50%) of the land area is located in parcels that are blighted parcels and those blighted parcels substantially impair or arrest the sound growth of the City, retard the provision of housing accommodations, constitute an economic or social liability, or are a menace to the public health, safety, morals, or welfare in their present condition and use.
      (2)   An area that is not a blighted area pursuant to subsection (a)(1) hereof, but for which all of the following apply:
         A.   The area is blighted within a definition of blight that is applicable to a federal program for renewal or redevelopment and the area qualifies for and receives funding from that program;
         B.   The federal money is essential to carry out the renewal or redevelopment of the area;
         C.   Any blighted area as defined by subsection (a)(1) hereof would be ineligible for funding by that federal program.
   (b)   “Blighted parcel”  means either of the following:
      (1)   A parcel that has one or more of the following conditions:
         A.   Conditions that constitute a nuisance;
         B.   Environmental contamination;
         C.   Vermin infestation;
         D.   Tax or special assessment delinquencies exceeding the fair value of the land.
         E.   Is a vacant commercial parcel.  A commercial parcel is deemed “vacant” if it is zoned and/or used for commercial and/or industrial purposes and meets either of the following:
            1.   At least seventy-five percent (75%) of the floor space of the primary structure has been vacant or unused for any lawful purpose for at least six months, or
            2.   At least fifty percent (50%) of the floor space of the primary structure has been vacant or unused for any lawful purpose for at least one year.
      (2)   A parcel that has two or more of the following conditions:
         A.   Dilapidation and deterioration;
         B.   Age and obsolescence;
         C.   Inadequate provision for ventilation, light, air, sanitation, or open spaces;
         D.   Unsafe and unsanitary conditions;
         E.   Hazards that endanger lives or properties by fire or other causes;
         F.   Non-compliance with building, housing, or other codes;
         G.   Non-working or disconnected utilities;
         H.   Is a vacant lot or contains a vacant structure.  A structure is deemed “vacant” if at least fifty percent (50%) of its square footage, whether residential, commercial, or industrial, has remained vacant or unused for any lawful purpose for a period of at least one year;
         I.   Excessive dwelling unit density;
         J.   Location in an area of defective or inadequate street layout;
         K.   Overcrowding of buildings on the land;
         L.   Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
         M.   An incompatible land use or a use that creates land use relationships that cannot be reasonably corrected through enforcement of existing zoning codes or other land use regulations;
         N.   Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;
         O.   Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;
         P.   Ownership or multiple ownership of single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located;
         Q.   Defective or unusual conditions of title.
   (c)   Notwithstanding subsection (b) hereof, a parcel is not a blighted parcel if the conditions are consistent with those that are normally incident to generally accepted agricultural practices and either the land is used for agricultural purposes as defined in Ohio R.C. 303.01 or 519.01 or the County Fiscal Officer has determined pursuant to Ohio R.C. 5713.31 that the land is “land devoted exclusively to agricultural use” as defined in Ohio R.C. 5713.30.
   (d)   “Parcel”  means as parcel of land having a distinct parcel number assigned by the office of the County Fiscal Officer, provided that where multiple parcels are owned by a single owner and contain a structure that spans the parcel boundary line, then the multiple parcels shall be deemed a single parcel for purposes of this Chapter.
   (e)   “Structure” means any building or other man-made structure the construction of which would require a building permit under the City’s building codes.  Where a structure consists of multiple residential, commercial or industrial units, the aggregate of all units that are physically attached to one another shall be deemed a single structure.
   (f)   “Primary structure”  means the structure on the parcel within which the primary use of the parcel is made.  “Primary structure” does not include ancillary or accessory buildings or outlots. 
(Ord. 129-2006.  Passed 12-11-06.)