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(A) Findings of blight. It is determined that:
(1) There exists within the city certain areas of the type defined below (“Blighted Areas”) which constitute a serious and growing menace presently and/or potentially injurious to the public health, safety, morals, and welfare of the residents of the city.
(2) The existence of such areas:
(a) Contributes substantially and increasingly to the spread of disease and crime, and to losses by fire and accident necessitating excessive and disproportionate expenditures of public funds for the preservation of the public health and safety, for crime prevention, correction, prosecution, and punishment, for the treatment of juvenile delinquency, for the maintenance of adequate police, fire and accident protection, or for other public services and facilities;
(b) Constitutes an economic and social liability; and
(c) Substantially impairs and arrests the sound growth of the community; retards opportunities for suitable housing accommodations, aggravates traffic problems, and substantially impairs and/or impedes the elimination of traffic hazards and the improvement of traffic facilities.
(3) This menace is beyond remedy and control by regulatory processes and exercise of the police power alone and cannot be dealt with effectively by the ordinary operation of private enterprise without the aids herein provided.
(4) The elimination in whole or in part of blighted areas and the prevention of occurrence or reoccurrence of such areas by redevelopment and by the conservation, rehabilitation and reconditioning, to the extent feasible, of the salvageable portions of such areas and by other activities pursuant to Urban Renewal and/or Urban Redevelopment as defined herein are public uses and purposes for which public monies may be expended and private property acquired by purchase, donation and appropriation and are governmental functions of concern to the city and require the exercise of the powers of government granted to the city by the provisions of Ohio Constitution, Article XVIII.
(5) The necessity in the public interest and welfare for the provisions of this chapter is hereby declared as a matter of legislative determination.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLIGHTED AREA. Means an area requiring urban renewal or redevelopment within the city declared by ordinance as containing any of the following which either individually or in combination substantially impairs or impedes the sound growth, retards opportunities for suitable housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare of the area or the City in its present condition and use:
(1) Deteriorated or deteriorating structures, whether occupied, vacant or abandoned;
(2) Buildings or other structures that have been destroyed or partially destroyed or damaged and have not been repaired and/or restored to comply with the city’s building and other applicable codes;
(3) Land that is extensively littered with demolition or other debris, scrap, refuse or solid waste;
(4) Defective, inadequate or inefficient street layout, or inadequate, nonexistent or defective access to improved streets;
(5) Inadequate or nonexistent public utility facilities for water or sewage within the area, or failure of residential units to connect to water or sewer facilities reasonably available within the area;
(6) Unsanitary or unsafe conditions;
(7) Faulty lot or parcel layout in relation to size, adequacy, accessibility or usefulness;
(8) Diversity of existing land uses or uses of land in a manner that is detrimental to the orderly development and use of land in the area and surrounding areas;
(9) The existence of public and/or private uses of land within or near the area for sanitary landfills (whether actively used or inactive), dumps, railroad tracks, lines, bridges, tunnels or facilities, limited access highways, airports or landing fields, junk or salvage yards, or sewage treatment facilities or land, the contours of which have been both unnaturally and detrimentally affected;
(10) Inadequate storm water drainage, conditions conducive to flooding or unhealthful retention of storm water and/or sewage;
(11) Tax or special assessment delinquency exceeding the fair market value of the land;
(12) Defective or unusual conditions in respect of real property lines;
(13) The existence of conditions which endanger life or property by fire or other causes;
(14) The existence of conditions which are conducive to ill health or the transmission of disease, including, but not limited to, conditions which foster and promote the habitation of rodents, vermin, mosquitos and other harmful insects;
(15) Inadequate provisions for ventilation, light, air, sanitation or open spaces;
(16) The location of land near sources of noise of sufficient intensity to render as undesirable its use for residential purposes, including, but not limited to, such sources as airports, limited access highways and industrial or manufacturing plants.
CITY. Means the City of Lebanon, Ohio.
DIRECTOR. Means the Planning Director of the city.
REDEVELOPER. Means any person or entity purchasing or leasing property from the city within a blighted area, or one owning property located within such area and entering into a conforming agreement with the city in consideration of being permitted by the city to retain title to such property.
REHABILITATION, CONSERVATION or RECONDITIONING. Includes those undertakings and activities identified in divisions (2) to (7) of the definition of URBAN RENEWAL PROJECT in this section.
SOLID WASTE. Means such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, including earth or material from construction, mining, or demolition operations and slag and other substances, including, but not limited to, garbage, combustible and noncombustible material, street dirt, and debris.
URBAN RENEWAL and/or URBAN REDEVELOPMENT. Means city activities for developing, undertaking, and carrying out of Urban Renewal and/or Urban Redevelopment Programs and Projects, including all planning and other related activities of the city in connection therewith, or any part of such activities.
URBAN RENEWAL PLAN or URBAN REDEVELOPMENT PLAN. Means a plan as it exists from time to time for the urban renewal or redevelopment of a blighted area or part thereof.
URBAN RENEWAL PROJECT, URBAN REDEVELOPMENT PROJECT or PROJECT. Means undertakings and activities of the city, in accordance with Urban Renewal or Urban Redevelopment Plans in any blighted area for the elimination of and the prevention of the development or spread of blight and may involve clearance and redevelopment in a blighted area, or rehabilitation and conservation in a blighted area, or any combination or part thereof. Such undertakings and activities in a blighted area may include, but not be limited to:
(1) Acquisition of real property, or interests and rights therein, (including the acquisition of air rights) by purchase or condemnation.
(2) Demolition and removal of buildings, structures and improvements.
(3) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out any Urban Renewal or Urban Redevelopment Plan.
(4) Disposition of property by sale, lease or otherwise, for uses in accordance with any Urban Renewal or Urban Redevelopment Plan.
(5) Encouraging and assisting interested citizens in a private or governmental program of voluntary repair and rehabilitation of buildings or other improvements in accordance with any Urban Renewal and/or Urban Development Plan.
(6) The preparation of land for development and/or redevelopment, including, but not limited to, clearance, grading, pilings and foundations.
(7) Relocating within a blighted area a structure which the city determines to be of historic value and which will be disposed of to a public entity or a private nonprofit organization which will renovate and maintain such structure for historic purposes.
(Ord. 6986, passed 10-25-94)