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For the purpose of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(a) “Blighted premises.” A premises, because of its age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or occurrence of drug offenses, prostitution, gambling and other criminal acts which constitute public nuisances at the premises or any combination thereof, including the ineffectiveness of code enforcement after lawfully issued citations or violation notices, constitutes an apparent fire hazard, place of retreat for immoral and criminal purposes constituting a public nuisance or repeated and serious breaches of the peace, health hazard, public safety hazard or any combination thereof; an unreasonable interference with the reasonable and lawful use and enjoyment of other premises within the neighborhood, or a factor seriously depreciating property values in the neighborhood.
(b) “Redevelopment.” The acquisition of blighted premises, the demolition of a structure or structures thereon, the making of site improvements, including construction or reconstruction thereon, or the sale of property for use in accordance with the Planning and Zoning Code and Building and Housing Code provisions of the City. “Redevelopment” may include the construction or improvement by the City of any buildings for public use or for resale to private persons.
(c) “Rehabilitation.” The restoration, rehabilitation, or conservation of blighted premises by improvement, modernization or repair of a structure or structures thereon to bring it into conformance with applicable Planning and Zoning Code and Building and Housing Code provisions of the City.
(Ord. 90-2007. Passed 5-21-07.)
(a) The Mayor or his or her designee shall present to Council, from time to time, a legislation which shall list therein the location and ownership of premises which the Mayor or his or her designee has reason to believe are blighted premises as defined in this chapter, and which are located in the City outside of urban renewal areas or "blighted areas" as defined in Ohio R.C. Chapter 725. The legislation will state briefly the factors which, in the Mayor's or his or her designee's opinion, 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 Mayor or his or her designee, 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:
(1) The owner of the premises cannot or will not:
A. Eliminate the blighted condition; and/or
B. Prevent recurrence of blight; or
(2) The owner has not responded to a lawful order by the City to take action to eliminate its recurrence within 30 days after notice of the order has been given by two or more of the following methods:
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. Mailing such order or notice to the tax mailing address of the subject property; or
E. Publishing once a week for three consecutive weeks 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 Director of Community Service and Economic Development or Housing Manager or certified building official in regard to such order; or
(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 proven to be unsuccessful;
A. To eliminate the blight; or
B. To prevent its recurrence; or
(4) In the opinion of the Mayor or his or her designee, 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 times in a one year period or where the City has had to clean 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.
(c) 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. 90-2007. Passed 5-21-07.)
Upon completion of the administrative review of legislation introduced in accordance with Section 111.03, including submission of the legislation to the Planning and Zoning Commission for a report and recommendation, Council shall set a date for a public hearing in regard to the existence of blight on the premises and necessity for acquisition by the City in order to eliminate blight and prevent the recurrence thereof. Said hearing shall be held not less than 30 nor more than 45 days from the time such legislation of the Mayor or his or her designee is received. Upon the fixing of a day for a public hearing, the Clerk of Council shall promptly cause notice to be given to the owner or owners of record of the premises and the occupants thereof, if any, or the person in charge of the premises, if any, notifying them of the time and place of the hearing and apprising them of their right to appear at such hearing to show cause why the premises should not be declared to be blighted or why the City should not acquire said premises for the purpose of eliminating blight thereon and preventing the recurrence of blight. Notice of such hearing shall be given by:
(a) Posting the notice thereof on the premises; or
(b) Personal service; or
(c) Mailing such order or notice to the last known address of the owner or person in charge of the premises or to the occupants thereof; or
(d) Mailing such order or notice to the tax mailing address of the subject property; or
(e) Publishing the notice once a week for three consecutive weeks in a newspaper of general circulation within the City.
(Ord. 90-2007. Passed 5-21-07.)
(a) At the public hearing required by Section 111.05, the legislation shall be read and shall constitute prima facie evidence of blight on the premises and need for the City to acquire such premises in order to eliminate the blight and prevent recurrence of blight thereon. Thereafter, the owner, person in charge, occupant of the premises or any person having an interest therein may proceed to show cause why the premises should not be declared blighted or the City should not acquire said premises for the purposes of eliminating blight or preventing its recurrence. At the hearing, the owner, person in charge of the premises or occupant may cause to be presented to the Council any records of the City pertaining to issues relevant to the hearing and may examine City employees in regard thereto; provided that the production of such records or the presence of such employees is requested by the owner, person in charge or occupant of the premises in writing at least 24 hours prior to the hearing.
(b) If the owner, person in charge or occupant of the premises does appear and present testimony for the purpose of showing cause why the premises should not be declared blighted or the City should not acquire the premises for the purposes of eliminating the blight and preventing recurrence of blight, the Mayor or his or her designee shall proceed to present evidence to Council of the existence of blight on the premises and need to acquire the premises for elimination of the blight and the prevention of the recurrence of the blight thereon. Members of the public residing in the neighborhood or who may otherwise have knowledge of the condition of such premises may address the Council at the hearing in regard to the proposed action of the City.
(c) Council may adjourn the hearing, from time to time, and grant continuances in order that further argument or evidence can be presented in regard to the existence of blight on the premises, or the need for the City to acquire the premises in order to eliminate blight or prevent the recurrence of blight thereon.
(Ord. 90-2007. Passed 5-21-07.)
(a) Council, upon completion of the public hearing provided for in Section 111.05, shall at the same or a subsequent meeting, decide and make findings as to whether or not the premises are blighted in accordance with this chapter and shall recommend approval or disapproval of the legislation; and
(b) Should Council determine that the premises are not blighted as defined in this chapter, it may direct the Mayor or his or her designee to take action under any other provisions of the Codified Ordinances of the City of Euclid in order to correct any illegal conditions on the premises.
(c) If Council finds that the premises are blighted as defined in this chapter and that acquisition by the City is necessary in order to eliminate the blight and prevent the recurrence of blight on the premises, the Mayor or his or her designee shall be and hereby is authorized to proceed to take the proper action to acquire the premises, eliminate the blight and prevent the recurrence of blight in accordance with the provisions of this chapter.
(Ord. 90-2007. Passed 5-21-07.)
Upon determination of Council that premises are blighted .and that acquisition by the City is necessary in order to eliminate the blight and prevent recurrence of blight upon the premises, the Mayor or his or her designee is hereby authorized to:
(a) Acquire the premises by purchase; or
(b) Acquire the premises by court action exercising the constitutional right of eminent domain;
(c) After acquisition, to eliminate the blight by:
(1) Demolition and clearance of the premises by an independent contractor or City forces, or clearance if demolition of structures is not necessary; or
(2) Rehabilitation by an independent contractor or by City forces; or
(3) Sale of the blighted premises to a purchaser upon terms providing for the elimination of the blight and prevention of its recurrence; or
(4) If property is not needed for public purposes, the sale of the premises after demolition and clearance for use or development in accordance with applicable provisions of the Planning and Zoning Code and Building and Housing Code of the City; or
(5) Any combination of the above provisions.
(Ord. 90-2007. Passed 5-21-07.)
(a) Premises sold under the provisions of this chapter shall provide in the instrument of conveyance that the purchaser, successors and assigns shall rehabilitate or develop the premises, and shall henceforth use the premises, in accordance with all applicable provisions of the Euclid Codified Ordinances, Building and Housing Code and Planning and Zoning Code and shall eliminate any blight thereon and prevent the recurrence of blight. Such provisions shall be both covenants and conditions of the conveyance and the instrument of conveyance shall further provide for reversion to the City if blight does recur upon the premises or the use, development or rehabilitation thereof is not carried out in accordance with the terms of the conveyance and the provisions of the Euclid Codified Ordinances, Building and Housing Code and Planning and Zoning Code and shall provide for a right of immediate re-entry by the City in such event.
(b) The Mayor or his or her designee is hereby authorized to negotiate for the sale of premises acquired under the provisions of this chapter which are not to be retained by the City. No land shall be sold by the Mayor or his or her designee except pursuant to a special ordinance of Council authorizing such sale, which ordinance shall prescribe in detail the terms and conditions upon which such sale is to be made and the covenants to be contained in the deed from the City to the purchaser.
(Ord. 90-2007. Passed 5-21-07.)
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