Explanation
BACKGROUND: In an effort to deal with vacant and abandoned houses and structures, this ordinance not only creates a registration requirement for vacant structures, it also rewrites and reorganizes Title 47, Nuisance Abatement. This rewrite of Title 47 is required in order to consolidate all code sections related to nuisance abatement into one single code title, this ordinance builds upon existing sections of code drawn together from other code titles, especially the Title 45, the Columbus Housing code. These proposed code changes will move all code sections dealing with nuisance structures into one code title, making the citation and enforcement for all structures that are nuisances, but are not structurally unsound and required to be secured as per the building code, easier and more effective.
A major component of this initiative is the requirement that all vacant structures, including those that have been abandoned, be secured to certain specifications. Also as part of this initiative, a Safe Neighborhoods Review Board is being established and vested with all the powers that the former Nuisance Abatement Board was granted by the Ohio Revised Code. This board, with both city and community members, will have the power to review and abate nuisance structures as well as the power to made appropriate recommendations for the demolition or reuse of a cited structure.
FISCAL IMPACT: No funding is required for this legislation.
Title
To repeal and recreate Title 47, Nuisance Abatement, of the Columbus City Codes, 1959, including the repeal of code sections that are being moved into the newly reestablished title, in an effort to consolidate all code sections dealing with vacant, abandoned and nuisance structures, in addition to creating the Safe Neighborhoods Review Board.
Body
WHEREAS, vacant and abandoned houses and structures have a blighting influence on their surrounding neighborhoods and communities; and
WHEREAS, in an effort to deal with vacant and abandoned houses and structures, this ordinance rewrites and reorganizes Title 47, Nuisance Abatement; and
WHEREAS, this rewrite of Title 47 is required in order to consolidate all code sections related to nuisance abatement into one single code title, this ordinance builds upon existing sections of code drawn together from other code titles, especially the Title 45, the Columbus Housing code; and
WHEREAS, the sections of current city code that deal with such structures are located in several different titles and produce a confusing web of enforcement responsibility; and
WHEREAS, these proposed code changes will move all code sections dealing with nuisance structures into one code title, making the citation and enforcement for all structures that are nuisances, but are not structurally unsound and required to be secured as per the building code, easier and more effective; and
WHEREAS, also as part of this initiative, a Safe Neighborhoods Review Board is being established and vested with all the powers that the former Nuisance Abatement Board was granted by the Ohio Revised Code; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Title 47, entitled "Nuisance Abatement Code", consisting of five (5) Chapters oddly numbered 4701 through 4709, arranged as follows:
TITLE 47
NUISANCE ABATEMENT CODE
Chapters:
4701 Administration and Enforcement
4703 Definitions
4705 Safe Neighborhoods Review Board
4707 Securing of Vacant Structures
4709 Hazardous Buildings
Section 2. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Chapter 4701, "Administration and Enforcement", consisting of ten (10) sections oddly numbered 4701.01 through 4701.99 reading as follows:
Chapter 4701
Administration and Enforcement
4701.01 Title.
This chapter shall be known as the "Nuisance Abatement Code" of the city of Columbus, hereafter referred to as the Nuisance Abatement Code or this code.
4701.03 Purpose
The purpose of this code is to protect the public's health, safety and welfare and to prevent the blighting of the city's neighborhoods.
4701.05 Relationship to other regulations
This code shall not be construed to prevent the enforcement of other provisions of Columbus City codes or the Ohio Revised Code that prescribe standards other than are provided in this code.
4701.07 Enforcement
(A) The director in enforcing provisions of this code is authorized and directed to make inspections either in response to a complaint alleging the existence of a public nuisance or when the director has reasonable grounds to believe a public nuisance exists.
(B) Upon presentation of proper credentials and when permission is granted by a person who represents he or she has authority to grant permission, the director may enter any building, premises or real estate, including vacant land, or any appurtenance thereto in the city of Columbus to perform any duty imposed upon him or her by this code. Absent such permission the director may apply to a judge of a court of record, pursuant to Ohio Revised Code section 2933.21(F), for a search warrant to conduct an inspection.
(C) Every occupant of a building, premises or real estate or any appurtenance thereto shall give the owner access to any part of the building, premises or real estate or any appurtenance thereto at all reasonable times for the purposes of making an inspection or maintenance, repair or alteration of the building, premises or real estate of any appurtenance thereto as are necessary to comply with this code.
(D) The identification of a person who makes a complaint pursuant to this code shall be kept confidential and shall not be subject to disclosure under Ohio Revised Code section 149.43
4701.09 Notice of violation
(A) Whenever the director determines there exists a public nuisance as defined in section 4703.01(E), he may issue a notice of violation to the owner of the building, premises or real estate, including vacant land, or appurtenance thereto setting forth the conditions that cause the building, premises or real estate, including vacant land, or appurtenance thereto to be a public nuisance and advising the owner that such conditions must be corrected.
(B) All notices of violation shall:
(1) Be in writing;
(2) Describe the building, premises or real estate, including vacant land, or appurtenance thereto alleged to be a public nuisance;
(3) Identify the sections of the Ohio Revised Code or the building, housing, air pollution, sanitation, health, fire or safety code or regulation whose violation create a condition or conditions on the building, premises or real estate, including vacant land, and appurtenances thereto that cause the building, premises or real estate, including vacant land, or appurtenance thereto, to be a public nuisance;
(4) Order the owner to abate the conditions;
(5) Specify a reasonable time for compliance with the order to abate;
(6) Advise the owner of the right to appeal the notice of violation;
(7) Advise the owner that if the order to abate the conditions indicated in the notice of violation is not complied with by the specified date of compliance, the director may: (a) Initiate a civil and/or criminal action against the owner; or (b) Cause the conditions indicated in the notice of violation to be corrected by city personnel or private contractor and charge the costs of such correction as a lien upon the owner's building, premises or real estate, to include vacant land, or appurtenance thereto; or (c) Cause to be filed with the safe neighborhood review board a complaint seeking an order to have the notice enforced. The director may cause to be filed with the safe neighborhood review board a request for a hearing to determine whether the building, premises or real estate, to include vacant land, or appurtenance thereto, is a public nuisance whether or not a notice of violation has been served on the owner.
(C) When a notice of violation is served it shall be served upon the owner by any one of the following methods:
(1) Personal service;
(2) Certified mail, return receipt requested;
(3) Residence service;
(4) Publication in a newspaper of general circulation in Franklin County;
(5) Regular mail service to an address that is reasonably believed to be a place of residence of the owner or a location at which the owner is reasonably believed to receive mail regularly;
(6) Posting of the notice of violation on the building, premises or real estate, or appurtenance thereto, except that if the building, premises or real estate is vacant or vacant land, then the notice shall be posted on the building, premises or real estate or vacant land and one of the above methods of service shall also be used.
(E) When the notice of violation has been served, it shall be effective as to anyone having any interest in the building, premises or real estate whether recorded or not at the time the order was issued, and shall be effective against any subsequent owner as long as the conditions causing the building, premises or real estate, including vacant land, or appurtenances thereto exist and there remains a city record of the notice of violation in a public file maintained by the director.
(F) Written or oral acknowledgement by the owner of receipt of a notice of violation shall be evidence that the owner received the notice. An appeal of the notice by the owner pursuant to section 4701.13 shall constitute evidence of written acknowledgement by the owner of service of the notice of violation.
4701.11 Emergencies
(A) Whenever the director finds that an emergency exists which requires immediate action to protect the public health and safety, he or she shall issue a written order to the owner reciting the existence of such an emergency and requiring that such action as he or she deems necessary be taken to meet the emergency.
(B) Such action as the director deems necessary to abate the emergency may include:
(1) The immediate vacating of a building, premises or real estate by all inhabitants with the condition that the building, premises or real estate not be reoccupied until the director determines that the emergency no longer exists.
(2) Action by the director using city or private contractor resources to abate the conditions causing the emergency. If in the opinion of the director such action includes demolition of the building or premises or appurtenances thereto because the building or premises or appurtenances thereto pose an imminent threat of collapse which has a high probability of causing injury or death to persons, the director shall immediately file a request for a temporary restraining order from the environmental division of the Franklin County Municipal Court seeking judicial approval to demolish the building or premises or appurtenances thereto. The director shall charge the costs of abatement as a lien against the building or premises or appurtenances thereto and/or may recover the costs against the owner in a civil action.
(C) The written order issued by the director shall be posted on the building, premises or real estate, to include vacant land, or appurtenances thereto, where the emergency is alleged to exist. Additionally the director shall make every reasonable effort to personally serve the owner with the order.
(D) Notwithstanding other provisions of this code, such order shall be effective immediately and shall be complied with immediately.
(E) The owner has the right to immediately appeal the emergency order to the environmental division of the Franklin County Municipal Court, but such appeal does not waive the owner's requirement to immediately comply with the order.
(F) If the owner appeals the emergency order, the burden is on the director to prove by clear and convincing evidence that an emergency existed which required immediate action on the part of the owner. The owner has not burden to prove there was not an emergency. If the environmental division of the Franklin County Municipal Court has issued to the director a temporary restraining order approving demolition, an owner's appeal with not stay the court's order.
4701.13 Appeals of notice of violations
Appeals of any notice of violations, other than appeals of an emergency order, shall be in writing and shall, depending on whether a violation of a building, housing, air pollution, sanitation, health, fire, zoning or safety code is alleged to create conditions that cause a public nuisance to exist, follow the appeal procedure prescribed in the applicable code, sections of the Ohio Revised Code or Rules of Appellate procedure.
4701.15 Prohibition against failure to comply with notice of violation.
No owner shall fail to comply with any notice of violation, and no owner or other person shall obstruct or interfere with the enforcement of the notice.
4701.17 Procedure upon failure to comply with notice of violation
Whenever the director determines that an owner against whom a notice of violation has been issued has failed to comply with the notice, the director may:
(A) Cause to be filed against the owner a civil complaint for injunctive relief seeking abatement of the conditions cited in the notice, and/or;
(B) Cause to be filed against the owner a criminal complaint.
(C) Cause to be filed with the safe neighborhood review board a complaint seeking an order to have the notice enforced.
4701.19 Severability.
The provisions of this chapter shall be deemed severable; and, if any such provision shall be held unconstitutional by a court of competent jurisdiction the decision of such court shall not impair any of the remaining provisions.
4701.99 Criminal and Civil Penalties
(A) Whoever violates any provision of this code is guilty of a misdemeanor of the first degree.
(B) Each day a violation occurs or is permitted to continue shall constitute a separate offense.
(C) Strict liability is intended to be imposed for violation of this code.
(D) In addition to any criminal penalties a court may impose on an owner, an owner who fails to comply with a notice of violation shall incur a civil forfeiture of $100 for each day that the owner fails to comply. The director may file a civil action styled "complaint for civil forfeiture" in the environmental division of the Franklin County Municipal Court seeking a court order to recover any accumulated civil forfeiture penalties.
Section 3. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Chapter 4703, "Definitions", consisting of one (1) section numbered 4703.01 reading as follows:
Chapter 4703
Definitions
4703.01 Definitions
For purposes of Title 47 the definitions found in Title 45 and the following definitions apply:
(A) "Code enforcement officer" means a property maintenance inspector, or a property maintenance inspector trainee, or a duly authorized representative of the director.
(B) "Department" means the department of development.
(C) "Director" means the director of the department or his or her designee.
(D) "Owner" means any of the following:
(1) The owner of record as shown on the current tax list of the Auditor of Franklin County, Ohio;
(2) The mortgage holder of record, if any, as shown in the mortgage records of the Recorder of Franklin County, Ohio;
(3) Any person who has a freehold or lesser estate in the premises;
(4) A mortgagee or vendee in possession. "In possession" means someone who evidences charge, care or control of the premises, and includes someone to whom the Sheriff of Franklin County has issued a deed for the premises whether or not the deed has been recorded;
(5) Any person who has charge, care of control of the premises as agent, executor, administrator, assignee, receiver, trustee, guardian or lessee;
(6) Any person who holds himself or herself out to be in charge, care or control of the premises as evidenced by negotiating written or oral lease agreements relative to the premises, collecting rents for the premises, performing maintenance or repairs on the premises or authorizing others to perform maintenance or repairs on the premises.
(E) "Public nuisance" means any of the following:
(1) Any building, premises or real estate, including vacant land, or any appurtenance thereto which is not in compliance with any building, housing, air pollution, sanitation, health, fire, zoning or safety code of the city of Columbus;
(2) Any building, premises or real estate, including vacant land, or any appurtenance thereto upon which its real property taxes have remained unpaid in excess of one year from date of assessment;
(3) Any building, premises or real estate, including vacant land, or any appurtenance thereto on which a felony violation of Ohio Revised Code Chapters 2925 or 3719 has occurred;
(4) Any building, premises or real estate, including vacant land, or any appurtenance thereto as defined as a nuisance or public nuisance in Ohio Revised Code Chapter 3767.
(5) Any building, premises or real estate, including vacant land, or any appurtenance thereto that is used or occupied by a criminal gang (as defined in RC 2923.41) on more than two occasions within a one-year period to engage in a pattern of criminal gang activity (as defined in RC 2923.41).
(6) Any building, premises or real estate, including vacant land, or any appurtenance thereto used in violation of Ohio Revised Code Chapter 2915.
Section 4. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Chapter 4705, "Safe Neighborhood Review Board", consisting of seven (7) sections oddly numbered 4705.01 through 4705.13 reading as follows:
Chapter 4705
Safe Neighborhood Review Board
4705.01 Board Makeup
(A) The safe neighborhood review board shall be composed of nine members as follows:
(1) The director, or his or her representative.
(2) The administrator of the neighborhood services division of the department, or his or her representative.
(3) The chief of the division of police, or his or her representative.
(4) The chief of the bureau of fire prevention of the division of fire, or his or her representative.
(5) The chief of the environmental health division of the department of health, or his or her representative.
(6) The chief building official, or his or her representative.
(7) A public member appointed by the director who represents the historical preservation community.
(8) A public member appointed by the director who is a member of an area commission.
(9) A public member appointed by the director.
(B) The director shall serve as secretary of the board.
(C) The board shall adopt those rules necessary to conduct its affairs.
4705.03 Powers of the Board
(A) Whenever the director determines there are reasonable grounds to believe a public nuisance as defined in 4703.01(E) exists, he or she shall cause the suspected public nuisance to be inspected. If the inspection produces evidence that supports the director's determination, the director may:
(1) Not withstanding whether or not enforcement actions have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City codes or Ohio Revised Code, notify the chairman of the safe neighborhood review board who shall cause a hearing to be held by the board on the question of the existence of a public nuisance and whether and how such nuisance, if found to exist, should be abated; or
(2) Not withstanding whether or not enforcement actions have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City codes or Ohio Revised Code, cause to be filed in the environmental division of the Franklin County Municipal Court a civil complaint for injunctive relief seeking abatement of the nuisance; and/or,
(3) When enforcement actions undertaken pursuant to Chapter 4701 or other provisions of the Columbus City Code or the Ohio Revised Code have not abated the nuisance, cause to be filed in the environmental division of the Franklin County Municipal court a criminal complaint.
(B) If a suspected public nuisance has been referred to the board, the secretary of the board shall cause a hearing to be held by the board on the question of the existence of a public nuisance.
(C) The owner of the property alleged to be a public nuisance shall be notified of the date, time and place of the hearing and shall be given an opportunity to dispute the director's determination that a public nuisance exists. The hearing shall be on the record.
(D) Prior to the hearing the property alleged to be a public nuisance shall be inspected by the division of fire, the chief building inspector and the department of health. Evidence obtained through these inspections shall be made available at the hearing. Evidence shall include, but may not be limited to, photographs of the property.
(E) At the hearing the burden to prove that a public nuisance exists is on the director. The owner does not have the burden to disprove the director's determination.
(F) It shall be necessary to have a concurring vote of at least five (5) members of the board for a finding that a public nuisance exists. The standard for such finding shall be by clear and convincing evidence.
(G) Following the hearing the board shall cause a written order to be served on the owner stating the findings of the board. If the board finds that a public nuisance exists the order shall prescribe the manner in which the public nuisance shall be abated and shall set a time by which the abatement shall occur. The order shall also inform the owner of his or her right to appeal and shall state that if the owner fails to abate the public nuisance as ordered the director may abate the nuisance as he deems appropriate and may recover all costs of abatement in any manner provided by law.
4705.05 Service of Notice
The notice of hearing before the safe neighborhood review board, required under section 4705.03(C), shall:
1. Be in writing;
2. Describe the building or premises alleged to be a public nuisance;
3. Identify the sections of the applicable sections of the Ohio Revised Code or Columbus City Codes which cause the building or premises to be a public nuisance, and, if applicable, where on the building or premises the conditions that cause the building or premises to be a public nuisance exist;
4. Be served on the owner by United States Mail with return receipt requested, or by personal service. If service by either of these methods fails then the board shall cause the notice to be published in a newspaper of general circulation in the city once each week for two consecutive weeks prior to the date of the hearing. Service by publication need only include a description of the property alleged to be a public nuisance, and the date, time and place of the hearing.
4705.07 Right to make immediate repairs
(A) Upon being served the notice of hearing as provided in section 4705.03, the owner may make immediate application in writing or in person to the department for a special building permit to undertake the repairs described in the order.
(B) Such application for a special building permit shall be within fifteen days following receipt of the notice of hearing provided for in section 4705.03. The director may authorize an extension to the special building permit if the owner shows good cause for the requested extension.
4705.09 Appeal
Appeals from a finding of the safe neighborhood review board may be taken by an owner against whom an order has been issued and shall be heard by the environmental division of the Franklin County Municipal Court. To perfect an appeal the owner must file a written appeal with the secretary of the board within 30 days after the service of the order referred to in 4705.03(G). Thereafter the appellate procedures contained in Ohio Revised Code Chapter 2506 and, if applicable, Ohio Revised Code Chapter 2505 and the Rules of Appellate Practice promulgated by the Ohio Supreme Court shall be followed.
4705.11 Abatement of a public nuisance by the board
If after all appellate remedies have been exhausted the owner fails to abate the nuisance as ordered, the director may enter upon the premises and may abate the nuisance as he or she deems appropriate so long as such abatement also conforms to 4705.13.
4705.13 Abatement Cost Recovery
In abating the nuisance the director shall obtain the abatement through competitive bidding and by private contact and the costs of such private contract shall be paid for from city funds, or from funds provided to the city by the federal government which are specifically authorized by the city council in order to abate public nuisances, except that in the case of boarding to abate the nuisance the city may elect to do so by using its own employees and materials. The costs of such abatement shall be recovered from the owner in the following manner:
(A) The owner shall be billed for the cost of the abatement by mailing a bill to the owner by certified mail with return receipt requested, or by personally serving the owner with a copy of the bill. If service is not perfected by either of these methods the billing notice shall be published in a newspaper of general circulation in the city once a week for two consecutive weeks.
(B) If the owner fails to pay the bill, the city shall cause the costs of abatement to either be certified to the county treasurer of Franklin County, Ohio and levied as a special assessment against the property which was the subject of the abatement action, and recovered in the manner provided for the recovery of special assessments, or shall be collected by civil action in like manner as other debts may be collected.
Section 5. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Chapter 4707, "Securing of Vacant Structures", consisting of six (6) sections oddly numbered 4707.01 through 4707.11 reading as follows:
Chapter 4707 Securing of vacant structures
4707.01 General provision
The owner of any vacant building shall secure and register the building in accordance with the requirements of this chapter.
4707.03 Standards for securing and maintaining vacant buildings.
A vacant building shall be secured in accordance with all of the following requirements:
(1) All windows, doors, openings or holes in the structure shall be covered with minimum one-half (1/2) inch weather protected CDX plywood tightly fitted to the exterior of the opening; and
(2) The CDX plywood shall be attached with appropriate length galvanized bolts or two (2) inch galvanized screws; and shall be painted to be compatible with the exterior of the structure; and
(3) The roof and flashing shall be sound, tight, and not have defects that admit water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. The use of sheets of plastic or tarpaulins or similar materials does not satisfy the requirements of this paragraph; and
(4) The vacant building and premise shall be maintained in compliance with;
- Title 700 - the Health Safety and Sanitation Code as it relates to interior and exterior sanitation, infestation, and high grass and weed requirements C.C.C.§ 705.03, C.C.C.§ 707.03, C.C.C.§ 709.03, and C.C.C.§ 713.03; and,
- Title 45 - the Columbus Housing Code C.C.C.§ 4521.04, C.C.C.§ 4525.01, C.C.C.§ 4525.03, C.C.C. § 4525.08, C.C.C.§ 4525.09, C.C.C. § 4525.11, C.C.C.§ 4525.13, and C.C.C. § 4525.14; and,
- Title 9 - the Streets, Parks and Public Properties Code as it relates to the maintenance of the public sidewalks adjacent to the premise and house number requirements, C.C.C.§ 905.04, and C.C.C.§ 907.01.
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4707.05 Discontinuance of utilities in buildings vacated as unfit for human habitation or use.
In any bilding which has been condemned and placarded as unfit for human habitation or use and vacated, the administrator may cause any or all utilities serving such building to be discontinued or disconnected until such time as the defects upon which the condemnation and placarding of the building were based have been eliminated. The administrator may cause any or all utilities serving such building to be discontinued by notifying the public utility or utilities serving such buildng that the building has been condemned as being unfit for human occupancy or use and vacated. Upon receipt of such notice, the public utility or utilities shall be disconnected or discontinue the utility service within a reasonable time. Such notice shall include the date the order was issued and the date the property was first vacated; a copy of the order relating to the building shall be attached. Upon prior written approval by the administrator any utility or utilities available to a building that has been condemned as unfit for human habitation or use and vacated may be resumed or reconnected for the purpose of facilitating compliance with the notice of violation issued pursuant to C.C. 4509.02. Except as provided herein, no person shall resume or reconnect any utility or cause resumption or reconnection of any utility which has been discontinued or disconnected as provided herein without first obtaining prior written approval by the administrator.
4707.07 Reoccupancy of building.
No building which has been condemned and placarded as unfit for human habitation or use shall again be used for human habitation or use until written approval is secured from, and such placard is removed by, the director. The director shall remove or cause to be removed such placard whenever the defects upon which the condemnation and placarding action were based have been eliminated.
4707.09 Tampering or removing placard.
Except as provided in Section 4705.07, no person shall deface or remove the placard from any building which has been condemned as unfit for human habitation or use and placarded as such.
Section 6. That the Columbus City Codes, 1959, are hereby supplemented by the enactment of a of a new Chapter 4709, "Hazardous Buildings", consisting of four (4) sections oddly numbered 4709.01 through 4709.07 reading as follows:
Chapter 4709 HAZARDOUS BUILDINGS
4709.01 General provision.
The designation of any building or accessory structure as being a hazardous building and the procedure for the declaration and placarding of such building or accessory structure shall be carried out in accordance with the requirements set forth in this chapter.
No owner shall allow a hazardous building or accessory structure as defined in this chapter to exist for a period exceeding sixty (60) days following the date such building or accessory structure is so designated by the code enforcement officer without either having commenced repairs or demolition thereof. Such repairs or demolition shall be completed within a reasonable time as ordered by the code enforcement officer.
4709.03 Designation as a hazardous building.
Any building found to be vacant or which becomes vacant after having been declared unfit for human habitation or use, including accessory structures, and which because of its condition, constitutes a hazard to the public health, safety, or welfare is hereby declared to be a nuisance and a hazardous building and shall be so designated and placarded by the code enforcement officer.
4709.05 Notices.
Whenever the code enforcement officer determines that a building is a hazardous building as defined in C.C. 4707.03:
(a) He shall serve notice pursuant to C.C. 4701.09, and
(b) He shall affix to such building or portion thereof, upon the door or entrance thereto, a placard on which shall be printed a declaration that such building or portion thereof is a hazardous building.
4709.07 Repair, secure or demolition.
Any vacant building not in compliance with Chapter 4707 shall be deemed a hazardous building and so designated and placarded by the code enforcement officer and shall be brought to a safe condition by being secured and maintained in accordance with Chapter 4707, or razed within a reasonable time as ordered by the code enforcement officer. Failure to bring the building into a safe condition is a violation of this code as specified in C.C. section 4701.15, such that the Director may initiate any proper legal action, and/or referral of the property to the Nuisance Abatement Board for an appropriate hearing and finding.
Section 7. That Section 3117.04 of the Columbus City Codes, 1959, is hereby amended to read as follows:
3117.04 Duties.
The duties of the historic resources commission shall be as follows:
(A) To conduct a survey of all properties which may be eligible for designation as listed properties and make recommendation to council for the designation of appropriate properties as listed properties.
(B) To maintain the Columbus Register of Historic Properties which will contain the following information about each listed property:
(1) The roster number of the listed property;
(2) The description of the parcel of real estate on which the listed property is located as such description appears on the tax duplicate;
(3) The street address or other applicable reference to the recognized location of the listed property;
(4) A site plan of the real estate on which the listed property is located showing the location thereon of the listed property;
(5) A minimum of two photographs of the listed property;
(6) A statement of the historical and/or architectural significance of the listed property; and
(7) The owner's name, address and telephone number.
(C) To nominate, in a manner consistent with federal and state regulations, property for designation as listed property with approval of council and review nominations to the National Register of Historic Places and make recommendations to the mayor and city council concerning such nominations.
(D) To advise the mayor and make recommendations as to the conservation of the city's structures, sites, groups and districts or as to any alteration, rehabilitation or demolition proposed for a city-owned property, park or right-of-way listed in the Columbus Register of Historic Properties.
(E) To preserve and protect historical structures, groups, districts and sites of the city.
(F) To study the problems and determine the needs of the city in furthering the purpose of preservation.
(G) To determine what legislation or policy, if any, is necessary to further preservation, restoration and development of historical resources and to recommend the same to the mayor or council, whichever is appropriate.
(H) To prepare, adopt and publish guidelines consistent with the standards for listed properties pursuant to Chapter 3116, C.C.
(I) To consider proposed construction, reconstruction, alteration or demolition of structures or architectural features of listed properties pursuant to regulations and standards of Chapters 3116 and 3117, C.C., and pertinent guidelines and issue certificates therefor if determined to be appropriate.
(J) To work with the nuisance abatement safe neighborhood review board to find alternatives to the demolition of any historic property within the commission's jurisdiction which is declared to be a nuisance.
(K) To receive for review, comment and recommendation from the department copies of applications and notices of all public hearings related to rezonings, special permits, variances, demolitions and zoning appeals regarding property located wholly or partially within a listed property.
(L) To provide for regular and special meetings to accomplish the purposes of paragraphs (A) through (K) herein.
Section 8. That Chapters 4513, 4515, and 4701 of the Columbus City Codes, 1959, are hereby repealed.
Section 9. That this ordinance shall take effect and be in force from and after the earliest period provided by law.