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Lima OH Nuisance Ordinance
Friday, 28 April 2006

A recent report discusses the passing by the Lima (45801-02, 45804-05,45807-09,45854) City Council of a nuisance ordinance directed at properties where persistent code enforcement or other problems take place.

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Lima OH
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Council passes nuisance law

Lima City Council finally passed a nuisance ordinance Monday, giving city officials another tool to fight properties that cause consistent problems.
   The ordinance allows the city to pursue the owners of properties where persistent code enforcement or other problems take place. If the house is owner-occupied, the sale of the house could be required; if it’s a rental, the landlord could be required to evict the tenant.
   “I think that it is a tool that has been sorely needed to deal with problem homes in the community. It’s a tool of last resort, but it’s one we just haven’t had in the past,” 4th Ward Councilman Tom Tebben said.
   Tebben’s Building, Planning and Zoning Committee hammered out the ordinance. A similar ordinance is still in the Safety Services Committee to address drug and vacant houses.
   The new law prohibits properties from being transferred from owner to owner once declared a public nuisance until a compliance order is followed, unless the new owner acknowledges the order and agrees to meet its terms.
   The nuisance definition is broad, including dilapidated or dangerous structures, vacant or abandoned structures, fire hazards, unsanitary buildings, buildings without utility service, or buildings that gather frequent code violations. Noise and odors, loitering or menacing behavior and other criminal activity are covered, as well.
   Sixth Ward Councilman Derry Glen said he thinks the law will help people who are frustrated with neighboring nuisance houses.
   “We’ve been dropping in [population] due to a lot of problems. I’ve had folks say they’re ready to move because these issues are not taken care of right away,” Glenn said.
   The council also discussed last week’s disclosure that Lima Mayor David Berger appointed a public defender without apparently notifying members of the council. Lima Law Director Tony Geiger said he forgot himself, but was reminded that he did actually tell the council verbally during a precouncil meeting in January.
   As a result, 8th Ward Councilman Walter Potts and Council President Matt Huffman agreed that such business should be done during the regular council meeting, where minutes are taken, or be put into writing to avoid confusion.
   “If there’s anything substantive that any councilor wants other councilors to know, or the administration wants the council to know, that it be done during a council meeting where minutes are taken, or in a letter that can be received and filed,” Huffman said.