Explanation
BACKGROUND: This legislation authorizes the City Clerk to report to the Franklin County Auditor all charges for the demolition of nuisance structures which are due to the City of Columbus, Department of Development and are certified for payment to said County Auditor in conformance with Sections 4109.06 and 4701.08 of the Columbus City Code. The assessment period covered by this legislation is July 1st through December 31st 2009.
Pursuant to Sections 4109.06 and 4701.08 of the Columbus City Code, that upon failure of a property owner to abate a nuisance within the time limits specified, the Director of the Department of Development, or his authorized agent, is authorized to cause the demolition of the nuisance structure. These sections further provide that the owner of such a demolished structure shall be billed for the cost of such demolition and upon failure of such owner to pay such cost of demolition, the City of Columbus may cause such cost of demolition to be levied as an assessment against the property which was the subject of the abatement action.
Emergency action is required so that assessments can be placed on the January 2011 tax duplicate.
FISCAL IMPACT: No funding is required for this legislation. This legislation provides a mechanism for recovery of costs associated with the Nuisance Abatement Program.
Title
To authorize assessments for the cost of demolition of certain structures found to be public nuisances as set forth in the Columbus City Code; and to declare an emergency.
Body
WHEREAS, pursuant to Columbus City Code, Sections 4109.06 and 4701.08, that upon failure of the property owner to abate a nuisance within the time limits specified, the Director of the Department of Development, or his authorized agent, is authorized to cause the demolition of the nuisance structure. These sections further provide that the owner of such a demolished structure shall be billed for the cost of such demolition and upon failure of such owner to pay such cost of demolition the City of Columbus, may cause such cost of demolition to be levied as an assessment against the property which was the subject of the abatement action; and
WHEREAS, certain structures have been demolished in accordance with the provisions of the Columbus City Code, Sections 4109.06 and 4701.08; and
WHEREAS, certain property owners have been billed for the cost of such demolitions and have failed to pay such cost; and
WHEREAS, it is therefore necessary to assess the cost of such demolitions against the properties which were the subject of the abatement actions; and
WHEREAS, a procedure to be followed in certifying and assessing such demolition costs is for the City of Columbus to certify such costs to the County Auditor of Franklin County, Ohio and have them levied as a special assessment against the property which was the subject of the demolition abatement action, and recovered in the manner provided for the recovery of special assessments; and
WHEREAS, an emergency exists in the usual daily operation of the City of Columbus in that it is immediately necessary to authorize assessments for demolition costs of nuisance structures as set forth in the Columbus City Code so that assessments can be placed on the January 2011 tax duplicate, all for the preservation of the public health, peace, property, safety, and welfare; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the assessment of the owners of certain structures in the City of Columbus found to be public nuisances and demolished through the Nuisance Abatement Program pursuant to Sections 4109.06 and 4701.08 of the Columbus City Code, are hereby authorized in order to recover costs incurred by the City of Columbus, Department of Development, Building Services Division, in carrying out the provisions of said sections.
Section 2. That the attached list showing the owners names, parcel numbers, addresses of the demolished structures, and the cost of demolishing the structures is hereby approved.
Section 3. That the City Clerk shall report to the Franklin County Auditor all charges which are due to the City of Columbus, Department of Development and are certified for payment to the County Auditor in conformance with Sections 4109.06 and 4701.08 of the Columbus City Code.
Section 4. That upon such recovery of such demolition costs the proceeds shall be transmitted to the treasurer of the City of Columbus, Ohio and returned to the fund from which they were originally disbursed.
Section 5. That for the reasons stated in the preamble thereto, which is hereby made a part hereof, this ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.