Explanation
BACKGROUND: The Nuisance Abatement Code, Title 47, which addresses vacant buildings and structures, was entirely replaced by Council action in July 2004. The code established the requirements for securing and maintaining these buildings, and created remedies by establishing the Safe Neighborhood Review Board, and Neglected Property Registration.
This amendment of the Nuisance Abatement Code provides the framework by which alternative legal methods may be implemented to aggressively address issues of noncompliant vacant buildings /structures, even when ownership is complicated through foreclosure, bankruptcy, probate, etc. This is accomplished by calling clarifying that a non-compliant vacant building is a 'public nuisance' and may be declared a 'hazardous building', providing the [Development] Director options in the manner he or she may, via Code Enforcement, address such buildings, and streamlining process thus providing additional expeditious legal options to address the issues utilizing the existing environmental court.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend Title 47 of the Columbus City Codes, 1959, Nuisance Abatement Code, to clarify the framework through which additional appropriate legal methods may be incorporated to address non-compliant vacant and/or abandoned vacant buildings and structures.
Body
WHEREAS, vacant and nuisance properties create a blighting influence on the neighborhood that surrounds them, depressing property values, promoting criminal activity and fostering the perception that area surrounding such structures has become unsafe and unwelcoming; and
WHEREAS, Title 47, "Nuisance Abatement," of the Columbus City Codes, has been enhanced over the years to target these problem properties in an effort to not only assist with the stabilization of neighborhoods but to also encourage greater economic investment and activity in these areas ; and
WHEREAS, in the ongoing effort to review and develop appropriate legal remedies, further changes are desired in the Nuisance Abatement code in an effort to further enhance, clarify and codify administrative remedies and legal options in a coordinated effort for dealing with certain problem properties when they become a public nuisance; and
WHEREAS, these legal remedies also further existing codes in an effort to prevent the unlawful occupancy of such structures for potential illicit purposes as plans for rehabilitation or abatement of the public nuisance are developed; and
WHEREAS, these code changes, in concert with the existing efforts and city investment to prevent and clean up graffiti that occurs on public property, for the first time provides a method for dealing with such illegal marking when they occur on private property and are allowed to remain and cause a blighting influence and a public nuisance; and
WHEREAS, by clarifying the legal framework for declaring such blighting structures as a Public Nuisance allows greater legal flexibility in causing such nuisances to be abated with the goal of stabilizing the neighborhood and encouraging reinvestment in such structures for the benefit of the enter city; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That Columbus City Codes, 1959, are hereby supplemented with the creation of a new section numbered 4701.08, reading as follows:
4701.08 Inspection and powers.
Whenever the director determines a vacant building or structure constitutes a public nuisance, or hazardous building or structure, the director shall affix to such building or structure upon or adjacent to the door or entrance thereto, a placard on which shall be printed a declaration that such building or structure is a public nuisance or hazardous building, and the director may do any of the following:
A. Serve notice pursuant to C.C. section 4701.09; and / or
B. Not withstanding other enforcement actions that 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 building or structure and whether and how such public nuisance building or structure, if found to exist, should be abated; or
C. Not withstanding other enforcement actions that 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 public nuisance building or structure; and/or,
D. Not withstanding other enforcement actions that 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 criminal complaint.
E. Not withstanding other enforcement actions that have been undertaken pursuant to Chapter 4701 or other provisions of Columbus City Codes or Ohio Revised Code, enter onto the property and cause the conditions that create the public nuisance or hazardous buildings or structures to be abated by city personnel or private contractor and may charge the costs of such correction as a lien upon the owner 's building, structure, premises, or real estate, to include vacant land.
Section 2. That the existing Section 4701.09 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4701.09 Notice of violation.
A. Whenever the director determines there exists a public nuisance as defined in Section 4703.01(E), he or she may issue a notice of violation shall be served to the owner of the building, structure, 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 or hazardous building or structure and advising the owner that such conditions must be corrected., sSuch notice of violation shall:
B. All notices of violation shall:
1. Be in writing;
2. Describe the building, structure, 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 Nuisance Abatement, Building, Housing, Air Pollution, Sanitation, Health, Fire, or Safety Code or regulation whose violation create a condition or conditions on the building, structure, premises, or real estate, including vacant land, and appurtenances thereto that cause the building, structure, 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 pursuant to Section 4701.13 of this chapter, and that the owner has the right to have a hearing before the property maintenance appeals board in connection with their appeal.
a. Except as otherwise specified in Section 4701.11, upon the owner appealing a Notice of Violation, any enforcement action seeking compliance with an order shall be stayed until after the initial hearing in connection with the owner's appeal. Property maintenance appeals board hearing dates, times, and locations shall be established in compliance with C.C. Section 4509.03.
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, structure, 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, structure, 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.
CB. 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 at the owner's address by leaving a copy of the suitable age and discretion then residing therein;
4. Publication in a newspaper of general circulation in Franklin County:
a. The notification shall be published a minimum of once per week for three (3) consecutive weeks,
b. A copy of the newspaper with a copy of the notice marked, shall be mailed to the party at the last known address and the notice shall be deemed received as of the date of the last publication;
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.
EC. 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.
FD. 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.
Section 3. That the existing Section 4703.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
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 of development or his or her designee.
D. "Graffiti" means any inscription, design, word, figure, or mark of any type drawn, marked, painted, tagged, etched, scratched, or written upon any upon any building, bridge, fence, gate, rock, structure, tree, wall, or other property visible to the public that defaces, damages, or destroys any public or private, real or personal property.
ED. "Owner" means any of the following:
1. The owner of record as shown on the current tax list of the auditor of Franklin, Delaware, Pickaway, Licking, or Fairfield County, Ohio;
2. The mortgage holder of record, if any, as shown in the mortgage records of the recorder of Franklin, Delaware, Pickaway, Licking, or Fairfield 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, Delaware, Pickaway, Licking, or Fairfield County has issued a deed for the premises whether or not the deed has been recorded;
5. Any person who has charge, care, or 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.
FE. "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, Nuisance Abatement, 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 (1) 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 (2) occasions within a one (1)-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 existing Section 4705.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
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 public nuisance, the director may cause to be filed in the environmental division of the Franklin County Municipal Court a criminal complaint.
BA. If a suspected hazardous or public nuisance building or structure has been referred to the safe neighborhood review board, the secretary of the board shall cause a hearing to be held by the board on the question of the existence of a hazardous or public nuisance building or structure.
CB. The owner of the property alleged to be a hazardous or public nuisance building or structure 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.
DC. Prior to the hearing, the property alleged to be a hazardous or public nuisance building or structure shall be inspected by the division of fire, the chief building official 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.
ED. At the hearing, the burden to prove that a hazardous or public nuisance building or structure exists is on the director. The owner does not have the burden to disprove the director's determination.
FE. It shall be necessary to have a concurring vote of at least five (5) members of the board for a finding that a hazardous or public nuisance building or structure exists. The standard for such finding shall be by clear and convincing evidence.
GF. 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 hazardous or public nuisance building or structure exists the order shall prescribe the manner in which the hazardous or public nuisance building or structure 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 hazardous or public nuisance building or structure as ordered the Director may abate the hazardous or public nuisance building or structure as he or she deems appropriate and may recover all costs of abatement in any manner provided by law.
Section 5. That the existing Section 4707.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4707.03 Standards for securing and maintaining vacant buildings.
A vacant building or structure shall be secured in accordance with all of the following requirements:
A. 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
B. 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
C. 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
D. All graffiti shall be removed within a time period as specified by the director
DE. The vacant building or structure and premise shall be maintained in compliance with;
1. 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,
2. 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. § 4525.11, C.C.C. § 4525.13, C.C.C. § 4525.14; and,
3. 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.
Section 6. That the existing Section 4707.07 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4707.07 Reoccupancy of building.
No building or structure that which has been placarded as a public nuisance or a hazardous building in accordance with this Nuisance Abatement Code ;
f Found to be vacant and hazardous building pursuant to C.C. Section 4709.03, declared a public nuisance as defined and so placarded, or
d Declared and placarded as a hazardous building pursuant to C.C. Section 4709.03,
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 declaration and posting or placarding action were based have been eliminated.
Section 7. That the existing Section 4707.09 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4707.09 Tampering or removing placard.
Except as provided in Section 4707.07, no person shall deface or remove the posting or placard placed on any property in accordance with the provisions of this Nuisance Abatement Code from any building or structure which has been found to be vacant and declared and placarded as a hazardous building pursuant to C.C. Section 4709.03, or declared and posted as unfit for human habitation or use.
Section 8. That the existing Section 4709.01 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4709.01 General provision.
The designation of any building or structure as being a hazardous building, and the procedure for the declaration and placarding of such building or structure, shall be carried out in accordance with the requirements set forth in this chapter.
No owner shall allow a hazardous building or structure as defined in this chapter to exist for a period exceeding sixty (60) calendar days following the date such building or structure is so declared 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.
Section 9. That the existing Section 4709.05 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4709.05 Notices.
Whenever the code enforcement officer determines that a building or structure is a hazardous building as defined in C.C. 4709.03: the building or structure shall be placarded, and the director may initiate any remedy as provided by this code.
A. The code enforcement officer shall serve notice pursuant to C.C. 4701.09, and
B. The code enforcement officer 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.
Section 10. That the existing Section 4709.07 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4709.07 Repair, secure, or demolition.
Any vacant building or structure not in compliance with Chapter 4707 shall be deemed a Any building or structure declared and placarded as a hazardous building by the and so declared and placarded by the code enforcement officer director 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 director. Failure to bring the building or structure 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 safe neighborhood review board for an appropriate hearing and finding.
Section 11. That the existing Section 4711.09 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4711.09 4707.09 Requirement to keep information current.
If at any time the information contained in the affidavit on file is no longer current, the owner must file, within twenty (20) calendar days after the information becomes outdated, a new affidavit listing current information.
Section 12. That the existing Section 4501.275 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4501.275 Public nuisance.
"Public nuisance" means any structure or vehicle, which is permitted to be or remain in any of the following conditions:
(A) In a dilapidated, decayed, unsafe or unsanitary condition detrimental to the public health, safety, and welfare, or well being of the surrounding area; or
(B) A fire hazard; or
(C) Any vacant building that is not secured and maintained in compliance with Chapter 4513; or
(D) Land, real estate, houses, buildings, residences, apartments, or premises of any kind which are used in violation of any division of Section 2925.13, Ohio Revised Code.
"Public nuisance" also means any structure, vehicle, or real property which is not in compliance with any building, housing, zoning, fire, safety, air pollution, health or sanitation ordinance of the Columbus City Code or Columbus City Health Code, or any real property upon which its real property taxes have remained unpaid in excess of one (1) year from date of assessment. (Ord. 1692-98 § 9; Ord. 859-01 § 29.)
"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, Nuisance Abatement, 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 (1) 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 (2) occasions within a one (1)-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 13. That the existing Section 4509.90 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4509.90 Procedures for finding a public nuisance.
Whenever the director determines that there are reasonable grounds to believe that a violation of this code constitutes a public nuisance exists, or when notices issued pursuant to this code Sections 4509.02, 4513.04 or 4515.03 do not alleviate such determination public nuisance, the director may:
(A) Cause to be filed in the environmental division of the Franklin County municipal court a civil complaint for injunctive relief seeking abatement of the public nuisance. The procedures to be followed will be pursuant to the Ohio Rules of Civil Procedure; or
(B) Cause to be filed in the environmental division of the Franklin County municipal court a misdemeanor criminal complaint. The procedures to be followed will be pursuant to the Ohio Rules of Criminal Procedure; or
(C) Notify the chairman of the board of nuisance abatement, who shall cause a hearing to be held by the board of nuisance abatement on the question of the existence of a public nuisance pursuant to Chapter 4701. (Ord. 1692-98 § 10.)
Section 14. That the existing Section 4513.03 of the Columbus City Codes, 1959, is hereby amended to read as follows:
4513.03 Designation of buildings as unfit for habitation.
Any building or structure which shall be found by the director to have any of the following defects is hereby declared a public nuisance and shall be declared as unfit for human habitation or use and shall be so posted by the code enforcement officer:
A. One that which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it is hazardous to the health or safety of the occupants or of the public.
B. One that which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
C. One that which because of its general conditions is unsanitary or otherwise hazardous to the health or safety of the occupants or of the public.
In addition to serving the notice declaring the building as unfit for human habitation or use as required in this code, the notice shall be posted upon the building.
Break1
Section 15. That rior existing sections 4701.08, 4701.09, 4703.01, 4705.03, 4707.03, 4707.07, 4707.09, 4709.01, 4709.05, 4707.07, 4501.275, 4509.90, and 4513.03 of the Columbus City Codes, 1959, are hereby repealed.
Section 16. That this ordinance l take effect and be in force from and after the earliest period provided by law.