In May 2018 the Franklin Regional Council of Governments (MA) issued a report titled “Vacant and Abandoned Buildings: Toolkit for Town Officials”
Per the report, the objective is to provide “Guidance for towns on forming a vacant and abandoned building committee, conducting an inventory of buildings, and seeking a path to resolution and/or rehabilitation for such buildings.”
To view the report, please click here
To view an article discussing the report from the Greenfield Recorder, please click on following link
COG planner presents ‘toolkit’ for dealing with vacant, abandoned houses
In 2010, the Community Development Clinic at the University of Texas School of Law issued a study titled, “Texas Problem Properties Toolkit”
The Toolkit focuses on;
- Community engagement
- Rental property registration
- Receivership
- Vacant property ordinances
- Criminal nuisance abatement
- Land banking
- Code enforcement
To access the report please click here.
In December 2018 Local Initiatives Support Corporation (LISC) issued a report titled “Vacant Property Strategies”
Per the LISC website “The community development industry has long prioritized addressing “vacants” as part of neighborhood revitalization strategies. As part of this brief, we’ve included snapshots of a variety of models to address vacant properties, both from LISC and our partners, as well as resources around remediation from practitioners in the field.”
Among the included resources;
- Addressing Problem Properties and their Impacts
- Land Banks: How Data Transforms Vacancy into Value –
- “Land Banks and Land Banking”
- Abandoned Buildings and Lots Problem-Oriented Policing Guide
- Connecting Crime Reduction and Neighborhood Revitalization
- Tools for Change: The Chronic Nuisance Ordinance
For additional information, please click here.
Enterprise Community Partners
2001 Guide , “Solving Chronic Nuisance Problems: A Guide for Neighborhood Leaders”. To access, please click here
Local Initiatives Support Corporation (LISC)
“Tip Sheet” for nuisance properties ordinance. To access, please click here.
In February we reported on the various challenges to nuisance property legislation across the country.
In a recent development, the city of Bedford, OH agreed to stop enforcing their nuisance ordinance as a result of a federal lawsuit filed by the American Civil Liberties Union of Ohio and the Legal Aid Society of Cleveland.
To view the press release from the OHIO ACLU, please click here
To view a report from the Cleveland Plain Dealer, please click here
To view a follow-up report from the Cleveland Plain Dealer discussing the overall issue, please click here.
As a reference;
Enterprise Community Partners issued a guide in 2001 titled, “Solving Chronic Nuisance Problems: A Guide for Neighborhood Leaders”. To access, please click here
Local Initiatives Support Corporation (LISC) has an informational “tip sheet” for nuisance properties ordinance. To access, please click here.
The International Association of Arson Investigators has available on their website an Abandoned Building Toolbox.
The IAAI/USFA Abandoned Building “Tool Box” provides:
- A detailed background paper that outlines the problems that vacant and abandoned building pose to the community
- Lesson plans and PowerPoint support presentations for the following topics
- Community Leader Presentation
- Community Group/Awareness Presentation
- Building Evaluation Presentation
- Securing Abandoned Buildings Presentation
- Fire Department Operations in Vacant and Abandoned Buildings Presentation
- A building evaluation form
- Flow chart detailing a process for identifying building owners
- A template for developing building floor plans using data from the building evaluation form
- Examples of completed building floor plans
- A detailed reference list of published materials related to vacant and abandoned buildings
- Specifications and drawings for securing vacant and abandoned buildings
- Case studies that detail what several communities were able to do to successfully reduce fire in vacant and abandoned
buildings
To view the Toolbox, please click here.
The National Guard has an innovative program call “Clean and Seal” providing temporary relief for communities struggling with abandoned properties.
The guardsmen donate their time, effort, and tools through the Nation Guard’s Counterdrug Joint Task Force.
Most recently, guardsmen were in Shamokin PA, boarding 18 abandoned and neglected properties.
To learn more please click on the following links to local media coverage:
https://wnep.com/2019/07/29/national-guard-boarding-up-abandoned-homes-in-shamokin-to-combat-drug-use/
Homes boarded up in Shamokin: ‘Clean and seal’ by national guard at 18 properties
To view a report, including the text of a resolution asking for similar assistance, from Johnstown PA, please click here.
Similar initiatives have occurred in other states, such as this report from Corpus Christi, TX
The Zombie Property Remediation Act of 2019 was passed by both houses in June, continues to be championed by local legislators, and await the Governor’s signature. A recent article in The Post-Journal discusses the legislation and details the various sides of a contentious debate.
There are many points in the article, however one question that is not really addressed is, what is the extra liability being taken on by the municipality. Banks have the option to “fast-track” the foreclosure if property is abandoned, it seems this legislation would allow municipalities to basically mandate this option be utilized. Now any concerns about a homeowner being “pushed out” could fall on the municipality.
Kudos to New York State for making blight and abandoned properties such a priority.
To view the article please click here.
To view the bill text, please click here.
A February 2019 article in USA Today discusses a US Supreme Court unanimous ruling stating, that states cannot impose excessive fees, fines and forfeitures as criminal penalties.
“The decision, which united the court’s conservatives and liberals, makes clear that the Eighth Amendment’s prohibition against “excessive fines” applies to states and localities as well as the federal government. ”
This decision could have a impact on many facets of local government and is referenced in a recent article, also from USA Today discussing a $103,559 bill for overgrown vegetation and a stagnant swimming pool received by a Dunedin, FL woman on a property she lost to foreclosure.
Update (8/27/2019) USA Today now reports “The city of Dunedin, Florida, has dismissed the lawsuit. Click here for more details.
Update (9/5/19) Maura K. McKelvey, Hinshaw & Culbertson LLP discusses a similar case still ongoing in Dunedin. In James Ficken v. City of Dunedin, Florida et al., Mr. Ficken, the homeowner, alleges that the city fined him $500/day for around eight weeks while he was out of town settling his mother’s estate. To view the report, please click here.
On July 10th, New York State Attorney General Letitia James announced the recipients of $9 million in grants to address the growing statewide issue of “zombie homes” – vacant or abandoned homes that are not maintained during a prolonged foreclosure proceeding.
Per the press release the following are potential usages for the funds.
- Improve data collection and analysis to track vacant and abandoned properties;
- Invest in new technology to better collect and analyze data to address the collective impact of vacant properties on neighborhoods;
- Create “Zombie Coordinators” and Taskforces to coordinate code enforcement activities and resources;
- Boost capacity of code enforcement and legal departments to enforce relevant laws to hold lienholders accountable or seek remedies to improve housing quality; and,
- Connect at-risk homeowners to foreclosure prevention resources.
To view the Press Release in its entirety, please click here.
To view some of the local coverage, please click on the following links:
WHAM