79-05 1306 - "Property Maintenance & Safety Code"

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PLEASE SUBSTITUTE FOR ORDINANCE 79-05 PLACED OK FIRST READING & REFERRED TO HOUSING COMMITTEE 9/6/05, 2nd 10/3/05. ORDINANCE NO. 79-05 BY: Antonip~ Butle~, Demro, Dever, AN ORDINANCE to take effect immediately, provided it received the affirmative vote of at least five (5) members elected to Council, otherwise, it shall take effect and be in force after the earliest period allowed by law, creating a new Section in Chapter 1306, "Property Maintenance and Safety Code". WHEREASI it has been found that vacant or abandoned properties can cause a significant decrease in property values among surrounding homes; and WHEREAS, lower real estate values generate lower property tax revenue for our City and our schools; and WHEREAS, vacant and abandoned properties can present serious fire safety concerns; and WHEREAS~ vacant and abandoned properties may serve as a haven for criminal activity; and WHEREAS, it is the duty of the City to ensure the safety of citizens in the vicinity of these properties and to encourage reclamation of these properties by responsible properb/owners. Now therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That a new section be added to Chapter 1306," Property Maintenance and Safety Code" of the Codified Ordinances of the City of Lakewood to read as follows: 1306.XX VACANTAND ABANDONED BUILDINGS (a) Definitions.: (1) "Vacant" - A structure shall be considered vacant for purposes of this Section if it has not been occupied for a period of six (6) consecutive months or more, except a structure shall not be considered vacant if it is only seasonally not occupied and such period is loss than twelve (12) months, (A structure shall be considered vacant for the purposes of this Section even if it is being maintaioed on the exterior, and even if the owner of the property is actively attempting to sell or rent the property.) (2) "Abandoned" - A structure shall be considered abandoned for the purposes of this Section if it has not been occupied for any period of time during which the City has not been able to communicate with or locate an owner or party with the legal authority to be in control of the properb/, and after the City has made reasonable attempts to communicate with or locate the owner or a party in control. (3) "Occupied"- Occupied shall mean the presence of a person or persons either living in a structure and using some portion thereof as a dwelling unit, or working in a structure and using some portion of the structure for the operation of a business.