§ 725-1-B-2. Blighted Parcel.

"Blighted Parcel" means either of the following conditions as defined in subsections (A) or (B) herein:

(A)

A parcel that has one or more of the following conditions:

(1)

A structure that is dilapidated, unsanitary, unsafe, or vermin infested and that because of its condition has been designated by an agency that is responsible for the enforcement of housing, building, or fire codes as unfit for human habitation or use;

(2)

The property poses a direct threat to public health or safety in its present condition by reason of environmentally hazardous conditions, solid waste pollution, or contamination;

(3)

Tax or special assessment delinquencies exceeding the fair value of the land that remains unpaid thirty-five days after notice to pay has been mailed.

(B)

A parcel that has two or more of the following conditions that, collectively considered, adversely affect surrounding or community property values or entail land use relationships that cannot reasonably be corrected through existing zoning codes or other land use regulations:

(1)

Dilapidation and deterioration;

(2)

Age and obsolescence;

(3)

Inadequate provision for ventilation, light, air, sanitation, or open spaces;

(4)

Unsafe and unsanitary conditions;

(5)

Hazards that endanger lives or properties by fire or other causes;

(6)

Noncompliance with building, housing, or other codes;

(7)

Nonworking or disconnected utilities;

(8)

Is vacant or contains an abandoned structure;

(9)

Excessive dwelling unit density;

(10)

Is located in an area of defective or inadequate street layout;

(11)

Overcrowding of buildings on the land;

(12)

Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;

(13)

Vermin infestation;

(14)

Extensive damage or destruction caused by a major disaster when the damage has not been remediated within a reasonable time;

(15)

Identified hazards to health and safety that are conducive to ill health, transmission of disease, juvenile delinquency, or crime;

(16)

Ownership or multiple ownership of a single parcel when the owner, or a majority of the owners of a parcel in the case of multiple ownership, cannot be located.

(C)

When determining whether a property is a blighted parcel, no person shall consider whether there is a comparatively better use for any premises, property, structure, area, or portion of an area, or whether the property could generate more tax revenues if put to another use.

(D)

Notwithstanding any other provision of this section, absent any environmental or public health hazard that cannot be corrected under its current use or ownership, a property is not a blighted parcel because of any condition listed in this section if the condition is consistent with conditions that are normally incident to generally accepted agricultural practices and the land is used for agricultural purposes as defined in section 303.01 or 519.01 of the Ohio Revised Code, or the Hamilton County Auditor has determined under section 5713.31 of the Ohio Revised Code that the land is "land devoted exclusively to agricultural use" as defined in section 5713.30 of the Ohio Revised Code.

A property that is not a blighted parcel in accordance with this subsection shall not be included in a blighted area.

(E)

"Parcel" shall mean a parcel as designated by the Hamilton County Auditor's Office, provided that two or more adjoining parcels under single ownership shall be considered one parcel; provided further than an unused portion of an otherwise developed parcel, appropriate for sale as a separate development tract, may be considered and counted as a separate "vacant parcel"; and provided that for purposes of counting parcels a vacant parcel in excess of 100,000 square feet in area shall be counted as that number of parcels which is the result of dividing the total parcel area in square feet by 100,000, rounded to the next highest whole number.

(F)

"Structure" shall mean a structure of at least 250 square feet floor area; for purposes of counting, multiple structures on one parcel shall be counted separately; accessory outbuildings shall not be counted as separate "structures."

(G)

"Vacant Parcel" shall mean a parcel containing no structure.

(Ordained by Ord. No. 349-2011, § 1, eff. Dec. 23, 2011)