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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.)
There is hereby established a special revolving fund, entitled Elimination of Spot Blight Fund, into which all appropriations for the purpose of carrying out the provisions of this chapter shall be placed, and the Director of Finance is hereby authorized to make expenditures from such fund for the purposes set forth in this chapter upon receipt of voucher from the Mayor or his or her designee, and further, the Director of Finance is hereby authorized and directed to deposit into such fund all proceeds of sale from premises purchased under the provisions of this chapter.
(Ord. 90-2007. Passed 5-21-07.)
Nothing in this chapter shall be deemed to limit the Mayor or his or her designee or the City in any way to use any or all other means available to it to remove existing blight or prevent future blight, or summarily eliminate immediate hazards to the public health or safety or activity on premises regardless of whether or not acquisition of such premises has or has not been commenced under any provisions of this chapter.
(Ord. 90-2007. Passed 5-21-07.)
In the event any section or any part of this chapter is declared to be unconstitutional, such declaration shall in no way affect the operation of any other section or part thereof of this chapter, and the remainder of this chapter shall remain in full force and effect.
(Ord. 90-2007. Passed 5-21-07.)