(A) (1) There exists in city dilapidated, deteriorated, and blighted buildings and structures which constitute a serious menace, injurious to the public health, safety, morals, and general welfare of the residents of the city.
(2) The existence of these dilapidated, deteriorated, and blighted buildings and structures:
(a) Contribute substantially and increasingly to the spread of disease and crime and to losses by fire and accident;
(b) Necessitate expensive and disproportionate expenditures of public funds for the preservation of the public health and safety; for crime prevention, correction, prosecution; and punishment, and increased juvenile delinquency; for the maintenance of adequate police, fire, and accident protection; and for other public services and facilities;
(c) Constitute an economic and social liability;
(d) Substantially impair or arrest the sound growth of the community;
(e) Retard the provision of decent, safe, and sanitary housing accommodations;
(f) Depreciate assessable values of adjoining properties;
(g) Cause an abnormal exodus of families from the adjoining neighborhood;
(h) Are detrimental to the health, well-being, and dignity of the residents of the neighborhood; and
(i) Threaten the deterioration of the adjoining properties.
(B) It is the policy of the city and a public use and purpose to protect and promote the health, safety, welfare, and interest of the people of the city by eliminating the dilapidated, deteriorated, and blighted buildings and structures within the city.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DILAPIDATED, DETERIORATED, AND BLIGHTED. Any building or structure which has become a place of accumulation of trash and debris or a haven for rodents or other vermin because of:
(a) Physical condition or use is regarded as a public nuisance at common law;
(b) Physical condition, use, or occupancy is considered an attractive nuisance to children;
(c) Its condition, if residential property, is unfit for human habitation;
(d) It is a fire hazard or is otherwise dangerous to the safety of persons or property;
(e) The utilities, plumbing, sewerage, heating, or other facilities have been disconnected, destroyed, removed, or rendered ineffective so that the property is unfit for its intended use; or
(f) Neglect or lack of maintenance has become a place for accumulation of trash and debris or a haven for rodents or other vermin.
(D) There is hereby established a Property Review Commission consisting of three members appointed by the Mayor and approved by the City Council. The members must be 21 years old and a resident and property owner of the city. The duty of the Commission shall be to inspect and review properties and make a written determination as to whether or not said properties are dilapidated, deteriorated, or blighted.
(E) (1) Upon a determination by the Property Review Commission that a property is dilapidated, deteriorated, and blighted and the certification of such conditions to Commission, the Commission shall notify the owner of such property of the determination which shall describe the conditions that render the property dilapidated, deteriorated, and blighted and shall demand the correction and abatement of the conditions within 90 days. An extension of the 90-day time period may be granted by Commission if the owner demonstrates that such a time period is insufficient to correct the conditions cited in the notice.
(2) The notice shall be mailed to the property owner by certified mail, return receipt, to the address listed on the ad valorem tax rolls; if the address of the property owner cannot be ascertained, a copy of the notice shall be posted on a conspicuous place on the affected property.
(F) The City Council may order that a building or structure be razed or demolished and removed on any property which has been determined and certified by the Property Review Commission as dilapidated, deteriorated, and blighted, if the Council finds:
(1) Such property has deteriorated to such an extent as to constitute a serious and growing menace to the public health, safety, and welfare:
(2) Such property is likely to continue to deteriorate unless corrected;
(3) The continued deterioration of such property may contribute to the blighting or deterioration of the area immediately surrounding the property;
(4) The owner of such property has failed to correct and abate the conditions that exist and the deterioration of the property; and
(5) The joint City-County Planning and Zoning Commission has determined that the reuse of the property for residential or other zoned use is in keeping with the Comprehensive Plan.
(G) Any affected property owner may seek injunctive or other appropriate relief by the initiation of a civil action in the County Circuit Court.
(H) The city shall have a lien against the affected real estate for the reasonable value of labor, materials, and equipment used in remedying the conditions.
(Ord. 692-02, passed 5-13-2002)