1193.01 Legislative finding.
1193.02 Definitions.
1193.03 Determination of blighted premises.
1193.04 Public hearing.
1193.05 Procedure.
1193.06 Legislative determination.
1193.07 Acquisition and blight elimination.
1193.08 Terms of sale; prohibition of recurrence of blight.
1193.09 Consultation with neighborhood organizations.
1193.10 Chapter provisions not limitation.
1193.11 Inconsistent statutes inoperative.
CROSS REFERENCES
Procedure for appropriation of property - see Ohio R.C. Ch. 163, 719
Power to transfer or convey real property without bids - see Ohio R.C. 721.28
Purchase and sale of property - see PRELIM. Table E
Urban renewal - see P. & Z. Ch. 1191
It is hereby found and determined that there exists within the City premises that by reason of age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or a combination thereof constitute a blight and a nuisance upon the surrounding neighborhood because they are fire hazards, health hazards, places of retreat for immoral or criminal purposes or for the breach of the public peace, substantial and unreasonable interferences with the reasonable and lawful use and enjoyment of other premises in the neighborhood, or factors seriously depreciating property values in the area.
It is further found that programs aimed at specific elimination of the particular blights or nuisances involved in neighborhoods of the City have sometimes proven inadequate or ineffective, have sometimes failed to prevent recurrence of the nuisance or blight, and have sometimes resulted merely in the alteration of the nature or form of the nuisance or blight that previously existed. It is further found that it therefore becomes necessary in order to eliminate nuisance and blight and prevent recurrence of blight on the premises for the City to obtain the title of the blighted premises and to take direct action to remove the blight or provide for its removal by others and to make further provisions for future development, redevelopment or use of the premises in such a way as to prevent any recurrence of blight or nuisance on the premises.
It is further found and determined that acquisition of such blighted property by the City in order to eliminate blight or nuisance and to prevent its recurrence constitutes a public purpose.
(Ord. 12-2012. Passed 10-15-12.)
For the purpose of this chapter the words and phrases defined herein shall have the meanings respectively ascribed to them, unless a different meaning is clearly indicated by the context.
(a) "Blighted premises" means premises which because of their age, obsolescence, dilapidation, deterioration, lack of maintenance or repair or any combination thereof constitute a serious fire hazard, a serious health hazard, a substantial and 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.
(b) "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 500 feet of any one parcel or lot within the City.
(c) "Redevelopment" means the acquisition of blighted premises, the demolition of a structure or structures thereon, the making of site improvements, including the construction or reconstruction of structures thereon, or the sale of property for use in accordance with the Zoning or Building Code of the City. Redevelopment may include the construction or improvement by the City of any buildings for public use or for resale to private persons.
(d) "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 building and zoning provisions of the City.
(Ord. 12-2012. Passed 10-15-12.)
The City Manager shall present to City Council, from time to time, a report which shall list therein the location and ownership of premises which he/she has reason to believe are blighted premises as defined in Section 1193.02(a), and which are located in the City outside of urban renewal areas or "blighted areas" as defined in Chapter 1191. The report will state briefly the factors which, in the City Manager's opinion, would warrant the determination that the premises so listed in the report are blighted.
The premises so listed in the report shall be only those blighted premises which, in the opinion of the City Manager, are such that, in order to eliminate the existing blight and to prevent future blight, acquisition thereof will be necessary for one or more of the following reasons:
(a) The owner of the premises cannot or will not:
(1) Eliminate the blighted condition, and/or
(2) Prevent recurrence of blight; or
(b) The owner has not responded to a lawful order by the City for him to take action to eliminate its recurrence within thirty days after due notice of the request or order has been given him by:
(1) Posting such order or notice on the premises; or
(2) Personal delivery; or
(3) Mailing such order or notice to the last known address of the owner; or
(4) Publishing once a week for three consecutive weeks 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 City Manager in regard to such order; and
(c) 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:
(1) To eliminate the blight; or
(2) To prevent its recurrence; or
(d) In the opinion of the City Manager, 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 the recurrence.
(Ord. 12-2012. Passed 10-15-12.)
Upon receipt of a report from the City Manager, City 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. Such hearing shall be held not less than thirty nor more than forty-five days from the time such report of the City Manager 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 such 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 such 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) Publishing the notice once a week for three consecutive weeks in a newspaper of general circulation within the City.
(Ord. 12-2012. Passed 10-15-12.)
At the hearing required by Section 1193.04, the report of the City Manager 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 thereon may proceed to show cause why the premises should not be declared blighted or the City should not acquire such 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 City 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 twenty-four hours prior to the hearing.
If the owner, person in charge or occupant of the premises does not appear and presents testimony 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 blight, the City Manager, or his/her duly appointed representative, shall proceed to present evidence to City Council of the existence of blight on the premises and need to acquire the premises for elimination of the blight and the prevention of 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 City Council at the hearing in regard to the proposed action of the City.
City Council may adjourn the hearing from time to time, and grant continuances to the City Manager or his/her representative or the owner, person in charge or occupant of the premises, in order for them to present further argument or evidence in regard to the existence of blight on the premises or the need for the City to acquire such premises in order to eliminate blight or prevent the recurrence of blight thereon. (Ord. 12-2012. Passed 10-15-12.)
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