MOUNT VERNON — Monday night’s legislative action included a second reading of legislation that repeals the city’s chronic nuisance properties code.
Council adopted Chapter 551 in 2019. However, after Law Director Rob Broeren, Police Chief Robert Morgan, and Councilman James Mahan reviewed the ordinance, they determined it was not enforceable.
Mahan chairs the city’s Fire, Police & Civil Defense Committee.
“There are multiple layers and reasons of why we need to repeal it,” he said.
From a law enforcement perspective, Capt. Andrew Burns said there are problems with enforcing it.
“Operationally speaking, we need to have a nuisance call focus on that address,” he said. “We don’t always get that.”
Burns said that while law enforcement is aware of and tracks drug activity at a problem house, officers cannot always trace it back to that house.
For example, officers might know someone came from and bought drugs from that address, but if they are two streets over, the incident location is going to be two streets over.
Potential lawsuits stemming from the current nuisance properties code
Part of the intent of the 2019 nuisance properties code, which is partially modeled after the City of Bedford, was to hold landlords accountable for taking care of their properties.
However, shortly after Mount Vernon City Council enacted it, the ACLU sued Bedford on behalf of a tenant who called the police due to a neighbor’s threats. The landlord threatened to evict her.
The ACLU won, and Bedford paid $350,000 to the ACLU and the plaintiffs. Part of the issue was enforcing the law in a potentially discriminatory manner.
“Given that our legislation is partly based on their ordinance, I have significant concerns if we were ever to be sued that we would not end up with that same resolution,” Broeren said.
In addition to potentially exposing the city to lawsuits, Mahan said the legislation could potentially suppress someone from making a domestic violence call due to fear of eviction.
“If you need to call for help and police keep coming to your apartment, then suddenly you’re in a catch-22,” he said. “It can also be weaponized by neighbors who don’t have good reasons for calling on your property but are making harassment calls.”
Broeren said it might be time to revisit a landlord registry as a way to deal with the problem.
CDBG grants
Council members waived the required three readings and passed legislation authorizing the city to apply for Community Development Block Grant funds. CDBG money is based on income.
The application involves three grants:
•Allocation grant for reconstructing sidewalks on East Vine Street from Potwin Street east (up to $150,000)
•Neighborhood Revitalization Grant for a project in the city’s west end (up to $750,000)
•Critical Infrastructure Grant for brick street repair on Burgess and Hamtramck streets from Main Street westward (up to $500,000)
The splash pad council approved on Monday serves as the city’s match for the revitalization grant. The city scheduled two more neighborhood meetings to refine the details.
The city is still putting the projects together, so costs are not yet known. The deadline to submit the applications is June 12.
If the city receives the grants, construction would be in 2025-26.
MVFD fees
Council members gave a second reading to an ordinance allowing the Mount Vernon Fire Department to charge for inspections relating to business construction activities.
Fire Chief Chad Christopher said the idea is growth paying for growth. The state mandates that businesses coming to town complete certain tests. The state can do them, or the MVFD can.
“Since it’s our area, we’ve always done them, and we’ve been doing them for nothing for the last many years,” Christopher said.
He said charging for these tests for new construction and remodels is common practice in other municipalities. The five or six major ones include plans review, fire alarms, and hydrants.
“It’s time we start recouping the funds for that, especially at this time where the city is going to be growing pretty good,” Christopher said.
Additionally, the fees will help cover a part-time fire inspector, which Christopher plans to recruit soon.
The fees do not apply to regular annual inspections. The exception is if the MVFD has to return more than twice because the business did not correct the violations.
Foster family inspections are also exempt.
Legislative action
Council members discussed legislation establishing a job creation and retention tax credit program in a meeting of the Land Use and Development Committee.
The focus is on job creation, with job retention credits used in cases where job loss significantly impacts the city.
Additionally, council members might authorize the credits in an area targeted for revitalization.
The city council must approve all company negotiations. As with other incentives, the company must meet criteria such as number of full-time jobs, average hourly wage, and amount of investment.
The maximum income tax credit is 50% of payroll for up to 10 years.
“I think we have seen very good results with the things we have been putting into place,” Council Member Amber Keener said. “I think this is very important for the community.”
In its legislative session, council members adopted the ordinance on the second reading.
The council took the following additional actions:
•Suspended the rules and approved removing the parking space immediately to the west of the exit from the county’s service center/courthouse parking lot on the south side of East Chestnut Street
•Authorized disposal of a 2009 Suzuki motorcycle no longer needed in the police department
•Approved Lemmon Development’s comprehensive plan
•Waived three readings and reappointed Brian Ball and Lacie Blankenhorn to the Ohio Public Works Commission Integration Committee
•Accepted $1,315,000 from Ariel Corp. for a splash pad
•Authorized to bid and contract for constructing the splash pad
Public participation
Robert Beck of Woodside Drive voiced his opposition to rezoning land on Vernonview Drive.
KNG Equity requested rezoning the parcel from R-1 to Planned Neighborhood Development to accommodate Arista Villas, a 220-unit mixed housing complex.
Council members gave the ordinance a first reading and will hold a public hearing at their May 28 meeting.