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AN ORDINANCE ADOPTING SEBRING CODIFIED ORDINANCES SECTION 1341.08 “ABANDONED STRUCTURES AND UNOCCUPIED LOTS”; AND DECLARING AN EMERGENCY WHEREAS, the Municipality of Sebring, Ohio has determined that it is the Village’s best interest to adopt an Ordinance regulating abandoned structures and unoccupied lots for commercial, industrial and residential properties; and WHEREAS, the Council of the Village of Sebring has determined that the continued existence of abandoned structures and unoccupied lots creates health, safety and welfare concerns throughout the Village as they pose attractive nuisances for small children; tend to accumulate trash, debris and rubbish; and fall into disrepair or other dilapidated states necessitating the expenditure of public resources in order to police, patrol and protect and, in some cases, ultimately demolish said properties; and WHEREAS, the Council of the Municipality of Sebring, Ohio has determined that the within ordinance is necessary to regulate abandoned structures and unoccupied lots as set forth herein. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF SEBRING, MAHONING COUNTY, OHIO, AS FOLLOWS: Section 1. There is hereby adopted Section 1341.08 of the Sebring Codified Ordinances as follows: 1341.08 Abandoned Structures and Unoccupied Lots – Commercial, Industrial and Residential. A. In the event that any commercial, industrial or residential structure or premises shall become abandoned for a period of more than 90 days, such structure shall be presumed to be a nuisance or endangering the surrounding property values and to be detrimental to the public health, safety, property values and general welfare of the community and shall be abated. For the purposes of this section, the term “abandoned” shall mean the intent to surrender occupancy or possession of any structure with no intent to return or reclaim occupancy or possession of this structure. B. The Village Manager or his duly authorized representative, upon determining that any structure or premises has been abandoned as set forth above, shall give written notice by certified U.S. mail addressed to the owner of record of the structure or premises at its last known address or to the address to which tax bills are mailed. The notice shall specifically require that the owner abate the abandoned condition within 30 days either by (1) placing the structure in full compliance with all applicable federal, state and local building codes, laws and ordinances and properly securing all doors, windows and entrances/exits; or by (2) razing the structure, removing debris and returning the property to proper grade consistent with the grades of the property immediate adjacent to the subject premises. C. Upon the failure, neglect or refusal of any owner to comply with the notice to abate such abandoned property or premises, the Village Manager or its duly authorized representative shall forward all notices to the solicitor and Council. Upon direction by the Council, the solicitor shall proceed to exercise on behalf of the Municipality any remedy which shall then be available to abate the abandonment and or nuisance, secure liens upon the subject property for municipal expenses, as well as recovering any damages or enforcing any penalties which may be imposed including all reasonable damages under Ohio Revised Section 715.26 and 715.261. Nothing herein shall prevent the Municipality from seeking and obtaining an injunction or other legal or equitable relief against the owner of the premises in order to abate any nuisance or abandoned structure or obtain recovery there from. D. Any person who is affected by any order or directive of the Municipal Manager hereunder may appeal the order or directive in writing within thirty days to the Planning and Zoning Board of the Municipality as an administrative appeal. Any decision of the Planning and Zoning Board may be appealed within thirty days to the Mahoning County Common Pleas Court. Section 2. That it is FOUND and DETERMINED that all formal actions of this Council relating to the passage of this Ordinance or adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees which resulted in such formal actions were made in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code, all pursuant to Section 3.11 of the Charter of the Village of Sebring. Section 3. That this Ordinance is hereby determined to be an EMERGENCY MEASURE, necessary for the immediate preservation of the public health, safety and welfare of the citizens of the Village of Sebring, Ohio and for the further reason that it is necessary to implement an ordinance to assist with the abatement of abandoned or vacant lots in the Municipality.
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