Title
AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY THE CITY'S TOTAL COST TO DATE OF NUISANCE ABATEMENT AT 131 KESWICK DRIVE, PARCEL NO. 32-00971, TO THE SUMMIT COUNTY FISCAL OFFICE AS A SPECIAL ASSESSMENT FOR PLACEMENT ON THE TAX DUPLICATE FOR COLLECTION IN ONE ANNUAL INSTALLMENT; AND DECLARING AN EMERGENCY.
Executive Summary: This Ordinance would certify to the Summit County Fiscal Office the City's total cost to date of $84,383.60 for nuisance abatement at 131 Keswick Drive as a special assessment for placement on the tax duplicate for collection in one annual installment, with the expectation that the City's additional costs for the abatement of the nuisance at the Property will be certified to the County at a later date.
Body
Legislative History
None.
Purpose & Explanation
Since June 2011, the City of Hudson has expended considerable time and funds in an effort to have the owner of 131 Keswick Drive, Parcel No. 32-00971), bring the Property into compliance with the City's Building and Housing Code. In a final order dated August 17, 2011, and after conducting a full evidentiary hearing, the City's Board of Nuisance Abatement declared the Property a public nuisance and ordered it abated by demolition or repair and rehabilitation within 45 days of receipt of the Board's decision. The owner of the Property did not abate the public nuisance within the time period provided by the Board of Nuisance Abatement and on October 13, 2011, the City issued a Notice of Demolition in accordance with Section 1442.05(a) of the City's Building and Housing Code and Section 715.26(B) of the Ohio Revised Code advising the owner and all lienholders that due to the owner's failure to abate the public nuisance at the Property, the City would abate the nuisance by demolition within 30-days of receipt of the notice. In response to the Notice of Demolition, the owner filed an appeal and complaint for injunction in the Summit County Court of Common Pleas, in which the City successfully moved to dismiss the appeal as untimely and only the complaint for injunction remains pending.
The City has incurred significant costs to date for the nuisance abatement with respect to the Property, and will continue to do so in the future, including the cost to demolish the structure on the Property. In the meantime, pursuant to Section 715.261 of the Ohio Revised Code and Section 1442.05(b)(2) of the Building and Housing Code, the City is authorized to place a lien on the Property to recover from the owner the City's total cost associated with the abatement of the public nuisance at the Property.
Timing Considerations
Emergency consideration is necessary in order to meet the requirements of the Summit County Fiscal Office.
Fiscal Impact
Currently Budgeted
Supplemental Appropriation Required
X Appropriation Not Required.
Recommendation
Suggested Action
Staff recommends approval of the Ordinance to certify to the Summit County Fiscal Office the City's total cost to date of $84,383.60 for nuisance abatement at 131 Keswick Drive as a special assessment for placement on the tax duplicate for collection in one annual installment. Emergency consideration is necessary in order to meet the requirements of the Summit County Fiscal Office.
Submitted by,
Anthony J. Bales, City Manager