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Trashy properties targeted by zoning code
(by Mike Klimko - October 15, 2008)
Trashy properties targeted by zoning code
By MIKE KLIMKO
A move to put more teeth into Solon's zoning code to clean up unsightly properties is making the rounds of city officials, including a possible review this week by the planning commission.
Amendments to streamline efforts of city officials to enforce maintenance standards and authorize the use of municipal funds to remedy violations were reviewed last week by City Council.
The new strategy would be a way to deal with nuisances contributing to blight in the community, Planning Director Robert S. Frankland wrote in an August report to council and Mayor Kevin C. Patton. "The proposed amendments represent a comprehensive change and substantial improvement to our current property maintenance procedures," he said regarding overgrown vegetation, junk, trash and debris.
The plan would not cover all zoning violations, he said. Court orders still would be needed to remove inoperable and illegally stored vehicles, unfinished structures and non-graded lawns, he said.
"And certainly, additional property-maintenance tools are warranted and should be considered, not in the least of which is a rental unit registration program, a proposal for which will soon be forthcoming," Mr. Frankland said.
"The new property-maintenance procedures proposed are a significant and yet preliminary step towards addressing one of the city's greatest challenges for the future. That is the continued maintenance of the integrity, quality and appearance of our residential neighborhoods."
The current practice of city officials is to provide notices of violations to the property owners, followed by legal action if they are not corrected, Mr. Frankland said.
If the court rules in favor of the city, the court generally grants a time frame for the property owner to correct the violation, he said. An additional hearing sometimes is needed when the property owner does not fully comply with the court order, he said.
"This process can obviously be quite time-consuming, and, in the meantime, a potentially unsafe nuisance violation may continue to exist in a neighborhood. The weaknesses in this process becomes even more pronounced if the property owner cannot be located due to foreclosure or other circumstances," Mr. Frankland said.
"In these situations, the process is essentially stalemated as the courts cannot hear a case in which a specific, responsible defendant is not identified. And the city cannot correct the problem without a court order."
Under circumstances when immediate correction of the violations cannot be expected, the city could tap into a maintenance fund in order to prevent further delay, Mr. Frankland said.
The amendments are based on the authority granted by the Ohio Revised Code to townships to correct violations, he said. The city would be required to advertise the intention to act and could assess the property owners for cleanup, he said.
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