(a) The following words and phrases, when used in this section, shall have the meanings respectively ascribed to them:
(1) "Blighted premises" means premises which because of their age, obsolescence, dilapidation, deterioration, lack of maintenance or repair, the occurrence of drug offenses, prostitution, gambling or other criminal acts which constitute public nuisances at the premises, or any combination thereof, including Housing Code violations, constitute 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.
(2) "Neighborhood" means an area of the City comprised of all premises or parcels of land which in whole or in part are located within a radius of 300 feet of any one parcel or lot within the City.
(3) "Redevelopment" means the acquisition of blighted premises, the demolition of a structure or structures thereon, and the making of site improvements, including construction or reconstruction thereon. Redevelopment may include the construction or improvement by the City of any buildings for public use or for resale to private persons.
(4) "Rehabilitation" means 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 Housing, Building, and Zoning Code provisions of the City of Warren or the elimination of criminal activity constituting a public nuisance at the premises or any combination thereof.
(b) The Director of Community Development or the Director of Public Service and Safety, or any combination thereof shall present to Council, from time to time and as circumstances warrant, documentation which shall list therein the location and ownership of premises which said Director or Directors has reason to believe are blighted premises and which are located within the City of Warren. The documentation shall state briefly the factors which would warrant the determination that the premises so listed are blighted. The premises so listed shall be only those blighted premises which, in the opinion of the Director, are such that, in order to eliminate the existing blight and to prevent further blight, acquisition thereof will be necessary for one or more of the following reasons which shall be stated in the documentation:
(1) The owner of the blighted premises cannot or will not:
A. Eliminate the blighted condition, and/or
B. Prevent recurrence of blighted condition.
(2) The owner of the blighted premises has not responded to a lawful order by the City to take action to eliminate its recurrence within 30 days after due notice of the request or order has been given by:
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. Publishing 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 Public Service and Safety in regard to such order.
(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 proved to be unsuccessful:
A. To eliminate the blight; or
B. To prevent its recurrence.
(4) In the opinion of the Director or Directors, 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.
A. For purposes of subsection (b)(1) hereof, 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 have been condemned; or
2. The blighted premises is a vacant lot which has been cited by the City 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.
B. 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 Council Committee hearings.
(c) Upon the submission to Council of the documentation alluded to in subsection (b) hereof, City Council shall set a date for public hearing by the proper committee or committees thereof in regard to the existence of blight on the premises in question and the necessity for acquisition of the premises by the City in order to eliminate blight and to prevent the recurrence thereof. Said hearing shall be held not less than 30 nor more than 45 days from the time the documentation is received by the Clerk of Council. 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:
(1) Posting the notice on the premises; or
(2) Personal service; or
(3) Mailing such order or notice to the last known address of the owner or owners of record of the premises or the person in charge of the premise or to the occupants thereof; or
(4) Publishing the notice in a newspaper of general circulation within the City of Warren.
(d) At the public hearing required by subsection (c) hereof, documentation shall be read and shall constitute prima facie evidence of blight on the premises and the need for the City to acquire such premises in order to eliminate the blight and prevent recurrence of blight thereon. Thereafter, the owner or owners, 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 or owners, person in charge of the premises or occupant may cause to be presented to the committee or committees of 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 required by the owner or owners, person in charge or occupant of the premises in writing at least 24 hours prior to the hearing.
If the owner or owners, person in charge or occupant of the premises does appear and presents 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 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 the blight, representatives of the City shall proceed to present evidence to the committee or committees of Council of the existence of blight on the premises and the need to acquire the premises for elimination of the blight and the prevention of the recurrence of the blight thereon. Members of the general public residing in the neighborhood or who may otherwise have knowledge of the condition of such premises may address the committee or committees at the public hearing in regard to the proposed action by the City. The committee or committees of Council may adjourn the public 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.
(e) The Council committee or committees, upon completion to the public hearing provided for in subsection (c) of this section, shall make a recommendation to Council relative to the matters heard.
(f) Upon Council's receipt of the aforementioned recommendation, a Council member may propose legislation for the City to do any of the following:
(1) Acquire the premises by purchase.
(2) Acquire the premises by court action exercising the City's constitutional right of eminent domain.
(3) After acquisition, to eliminate the blight by:
A. Demolition and clearance of the premises by an independent contractor or City forces, or clearance if demolition of structures is necessary;
B. Rehabilitation by an independent contractor or by City forces;
C. Sale of the blighted premises to a purchaser upon terms providing for the elimination of the blight and prevention of its recurrence;
D. Sale of the premises after demolition and clearance (if not needed for a public purpose) for use or development.
(g) Premises sold under the provisions of this section shall provide in the instrument or conveyance that the purchaser, successors and assigns shall rehabilitate or develop the premises in accordance with all applicable City requirements and regulations; shall henceforth use the premises in accordance with all applicable City requirements and regulations; and shall eliminate any blight thereon and prevent the recurrence of blight. Such provisions shall be both covenants and conditions of the conveyance. The instrument of conveyance shall further provide for reversion to the City of Warren if blight does recur upon the premises or the use, development or rehabilitation of the premises is not carried out in accordance with the terms of the conveyance and shall provide for a right of immediate re-entry by the City of Warren in such event.
The Director of Community Development is authorized to negotiate for the sale of premises acquired under the provisions of this section which are not to be retained by the City. No land shall be sold by the Director except pursuant to ordinance of Council authorizing such sale which ordinance shall describe 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.
(h) There is hereby established a special revenue fund entitled Elimination of Spot Blight Fund, into which all appropriations for the purpose of carrying out the provisions of this section shall be placed and the City Auditor is hereby authorized to make expenditures from such fund for the purposes set forth in this section upon receipt of voucher from the Director of Community Development and further, the City Auditor is hereby authorized and directed to deposit into such fund, all proceeds from the sale of premises by the City pursuant to the provisions of this section.
(i) The Director of Community Development and the member or members of Council in whose ward(s) the premises is located is authorized to consult with organizations and persons with regard to the existence of blighted premises therein, the establishment of a neighborhood redevelopment plan, the means of eliminating such blight, and the possible purchase and redevelopment of such property by neighborhood organizations.
(j) Nothing within this section shall be deemed to limit in any way the use of any or all other means available to the City, its officers and employees to remove existing blight or prevent future blight, or summarily eliminate immediate hazards to the public health or safety or criminal activity on premises regardless of whether or not acquisition of such premises has or has not been commenced under any provision of this section.
(Ord. 10908/96. Passed 5-8-96.)