(a) The Community Development Director with the consent of the member of Council in whose ward the premises is located, shall present to the Planning Commission, from time to time and as circumstances warrant, findings which shall list therein the location and ownership of premises which said Director has reason to believe are blighted premises and which are located within the City of Zanesville. The findings shall state briefly the factors which would warrant the determination that the premises in the findings are blighted. The premises so listed in the findings 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 future blight, acquisition thereof will be necessary for one or more of the following reasons which shall be stated in the findings:
(1) The owner of the blighted premises cannot or will not:
A. Eliminate the blighted condition, and/or
B. Prevent recurrence of the 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, as listed in County property tax records, 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 Community Development Director 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.
(4) In the opinion of the director requesting the determination 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.
(b) For purposes of subsection (a)(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 has been condemned; or
(2) The blighted premises is a vacant lot which has been cited by the Community Development Director more than three times in a one year period or where the City has had to maintain 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 criminal acts which constitute a public nuisance.
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 the Planning Commission hearings on the finding.
(c) Upon the finding of blight by the Planning Commission, the property owner will be notified as described under Section 1165.04.
(d) The Planning Commission will make a recommendation to Council that the property is blighted, and the Community Development Director will send legislation to Council.
(e) The property owner will be notified as described under Section 1165.04 that a public hearing will be held prior to the third and final reading of the legislation.
(Ord. 2024-30. Passed 2-26-24.)