SECTION PM-903  EMERGENCY NUISANCE ABATEMENT PROGRAM
PM-903.0 Definitions. The following definitions shall apply to this Section PM-903:
   1.   Abandoned Property. A dwelling or vacant lot which has been determined by the code official to have been unoccupied for one year or more, and against which there are outstanding municipal liens, or the owner of which is delinquent in the payment of Real Estate Taxes, Water and Sewer Rents, or other municipal claims. For purposes of this definition, a lot shall be considered vacant and unoccupied if no structure is built thereon and no lawful, productive activity has been conducted on the lot with the owner's authorization within the past twelve (12) months.
   2.   Emergency Nuisance Abatement Area. Any ward or part of a ward of the City determined by City Council to contain such a great number of abandoned properties constituting unsafe structures or unfit dwellings as defined in this code, that traditional abatement methods have been unsuccessful and that resulting neighborhood blight and deterioration are so widespread and unchecked that an emergency exists.
PM-903.1. The following areas have been determined by City Council to constitute the Emergency Nuisance Abatement Areas to which this Section applies:
   1.   Third Ward.
   2.   Sixth Ward.
   3.   Eleventh Ward.
   4.   Twelfth Ward.
   5.   Thirteenth Ward.
   6.   Fourteenth Ward.
   7.   Sixteenth Ward.
   8.   Eighteenth Ward.
   9.   Nineteenth Ward.
   10.   Twentieth Ward.
   11.   Twenty-second Ward.
   12.   Twenty-fourth Ward.
   13.   Twenty-seventh Ward.
   14.   Twenty-eighth Ward.
   15.   Twenty-ninth Ward.
   16.   Thirty-second Ward.
   17.   Thirty-sixth Ward.
   18.   Thirty-seventh Ward.
   19.   Forty-third Ward.
   20.   Forty-fourth Ward.
   21.   Forty-sixth Ward.
   22.   Forty-seventh Ward.
   23.   Forty-ninth Ward.
   24.   Fifty-first Ward.
   25.   Fifty-ninth Ward.
   26.   Sixtieth Ward.
   27.   First Ward.
   28.   Second Ward
   29.   Thirty-ninth A Ward.
   30.   Thirty-ninth B Ward.
   31.   Fifth Ward.
   32.   Twenty-fifth Ward.
   33.   Thirty-first Ward.
   34.   Forty-fifth Ward.
PM-903.2 Additional Emergency Nuisance Abatement Areas. In addition to the foregoing wards, with respect to vacant lots only, the following areas shall also constitute Emergency Nuisance Abatement Areas:
   1.   Ninth Ward.
   2.   Seventeenth Ward.
   3.   The Seventeenth, Eighteenth, Twentieth and Twenty-fourth Divisions of the Thirty-third Ward.
   4.   Seventh Ward.
   5.   Third, Eighth, Ninth and Thirteenth through Seventeenth Divisions of the Eighteenth Ward.
   6.   Twenty-third Ward.
   7.   First through Seventeenth, Nineteenth, and Twenty-first through Twenty-third Divisions of the Thirty-third Ward.
   8.   Fourteenth through Seventeenth, Twenty-second through Twenty-fourth and the Twenty-sixth Divisions of the Thirty-fifth Ward.
   9.   Second through Fourth, Sixth and the Seventh Divisions of the Forty-second Ward.
   10.   Thirtieth Ward.
   11.   Fortieth A Ward.
   12.   Fortieth B Ward.
   13.   Forty-eighth Ward.
   14.   Fourth Ward.
   15.   Twenty-first Ward.
   16.   Thirty-fourth Ward.
   17.   Thirty-eighth Ward.
   18.   Fifty-second Ward.
   19.   Forty-first Ward.
   20.   Fifty-fourth Ward.
   21.   Fifty-fifth Ward.
   22.   Sixty-second Ward.
   23.   Sixty-fourth Ward.
   24.   Fourth through Ninth, Twentieth, Twenty-third and Twenty-sixth Divisions of Fifty-seventh Ward.
   25.   First through Ninth, and Eleventh through Twenty-third Divisions of the Sixty-fifth Ward.
PM-903.3. The code official, after consultation with the Vacant Property Review Committee, is authorized to enter into Abatement Agreements with bona fide residents of the City in accordance with this Section PM-903.
PM-903.4 Correct Conditions. An Abatement Agreement shall be a contract to correct the conditions resulting in an unsafe or unfit designation, any costs of which shall be charged, as the work is completed, to the owner of the abandoned property and collected by lien, in accordance with Section PM-903.6.
PM-903.5 Occupancy. The contracting individual and members of his or her household shall enter and occupy an abandoned property dwelling meeting the requirements of this Section PM-903, or, in the case of a vacant lot, the contracting individual or entity and his or her agents shall take such steps as may be necessary, all for the purpose of abating the unsafe or unfit conditions resulting from the vacancy of and the condition of the premises in accordance with the terms of an abatement plan entered into by the City and the contracting individual pursuant to Section PM-903.11. The terms of the abatement plan shall be incorporated into the Abatement Agreement.
PM-903.6 Consideration. Consideration for the services of the contracting individual in abating the unsafe or unfit conditions shall be solely limited to the City's promise to bring the property to Sheriff's Sale at the earliest practicable date; to bid at the Sheriff's Sale at the amount of all outstanding municipal liens and claims, including any liens resulting from the costs attributable to completed portions of the abatement plan; and to either:
   1.   Authorize the Commissioner of Public Property to make the property available for disposition through the Gift Property Program, for the purposes of which disposition the contracting individual shall be considered the first applicant; or
   2.   Compensate the contracting individual in the amount of any liens satisfied at Sheriff's Sale which are attributable to the Abatement Agreement if the City is an unsuccessful bidder, or if the owner of the abandoned property exercises his or her right to redeem it within statutory time limits.
PM-903.7 Breach. Any wilful, material breach of an abatement plan and/or Abatement Agreement by a contracting individual shall render the Abatement Agreement void without further action on the part of the City.
PM-903.8 Procedure. Nothing in this Section PM-903 shall be construed to relieve the code official from any bidding procedures required by law.
PM-903.9 Indemnity. The contracting individual shall agree to indemnify and hold the City harmless from any damages, costs or other liabilities for any injuries to his or her person or property or to the person or property of any member of his or her household, or of their licensees or invitees, arising from any defective condition or work performed on the premises, or arising from any other causes whatsoever related to the occupancy or performance under the Abatement Agreement.
PM-903.10 Limited authority. The Abatement Agreement shall confer no power on the contracting individual, his or her heirs or assigns, to obligate the City to any third parties in any manner whatsoever.
PM-903.11 Criteria. In order for a property to be included in the Emergent Nuisance Abatement Program, the following criteria shall be met:
   1.   The Property must be located in an Emergency Nuisance Abatement Area;
   2.   The code official has determined pursuant to this code that the property constituted an unsafe structure or unfit dwelling; or, in the case of a vacant lot, the code official has determined that a vacant lot is unsafe. For purposes of this Section, a lot is unsafe if it presents a hazard to the community because of existing violations of this code.
   3.   The owner of the property has failed to comply, after proper notice, with any abatement order issued by the code official pursuant to this code; or, with respect to a vacant lot, the code official has issued a notice to the owner of the lot stating that the code official has determined the lot to be unsafe, order the owner to abate the unsafe condition, and notifying the owner that the property is subject to the provisions of this Section, and the owner has failed to comply with such order.
   4.   The property is an abandoned property; and
   5.   The property shall be determined by the Gift Property Program, or its successor, to be structurally sound (in the case of a dwelling) and susceptible to rehabilitation.
PM-903.12 Abatement plan. before entering into any Abatement Agreement with an applicant, the Gift Property Program, or its successor, shall agree with the applicant of an abatement plan to include: the nature and extent of repairs necessary to abate each condition on the subject premises causing the unsafe or unfit designation; the reasonable monetary value of the labor of the applicant and his or her agents and of the materials and services which will be required to cure each such condition; and a reasonable timetable for completing the abatement plan.
PM-903.13 Regulations. The Department of Public Property, the Office of Housing and Community Development or its successor, and the code official are authorized to promulgate regulations to govern their respective responsibilities pursuant to this Section PM-903.