§ 37.17 CLASSIFICATION OF PROPERTY AS ABANDONED URBAN PROPERTY AND BLIGHTED URBAN PROPERTIES; RIGHT TO APPEAL.
   (A)   Pursuant to KRS 99.710, the city hereby establishes a Vacant Property Review Commission, and pursuant to KRS 99.710(5), the duties of this commission are assigned by the city to its Code Enforcement Board.
   (B)   Pursuant to KRS 99.710(2)(B) and KRS 99.710(5), the city hereby assigns the duties that otherwise would be fulfilled by a vacant property review commission under KRS 99.700 to 99.730 to the city's Code Enforcement Board. The Code Enforcement Board shall each year determine which properties in the city are abandoned urban properties or blighted urban properties and shall prepare and furnish a list of these properties in the city to the City Clerk and the Campbell County Property Valuation Administrator prior to January 1 of each year.
   (C)   Except as otherwise provided in division (D) below, a property classified by the Code Enforcement Board as "abandoned urban property" or "blighted urban property" as of January 1 may be taxed as abandoned urban property or blighted 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 or blighted urban property, the owner shall notify the city's Director of Code Enforcement, who shall, if he or she finds the property is no longer abandoned or blighted, notify the City Clerk and the Campbell County Property Valuation Administrator to strike the property from the list of abandoned urban properties or blighted urban properties in the next calendar year.
   (D)   (1)   No later than July 1 of each year, the Code Enforcement Board shall mail, by certified mail, to the owner(s) of each abandoned urban property or blighted urban property, as those name(s) are listed in the records of the Campbell County Property Valuation Administrator, a notice that this property has been classified as abandoned urban property or blighted urban property. The owner of any such property who believes that the property has been incorrectly classified may request in writing an appeal to the Code Enforcement Board. Appeals to the Code Enforcement Board shall follow the provisions sent forth in §§ 38.09 and 38.10 of the City of Dayton Code of Ordinances.
      (2)   If on appeal the Code Enforcement Board finds that property classified as abandoned urban property or blighted urban property was incorrectly classified as as such, or if the conditions that caused the property to be classified as abandoned urban property or blighted urban property have been abated and the property has been returned to its intended productive use, then the Board shall direct that the property be removed from classification list as an abandoned urban property or blighted urban property.
   (E)   Any person or entity claiming to be injured or aggrieved by any final action of the Code Enforcement Board may seek judicial review pursuant to § 38.11 of the City of Dayton Code of Ordinances. Any decision that is not appealed within 30 days of the Board's final action taken will not be subject to judicial review.
(Ord. 2021-6, passed 6-1-21)