The challenge regarding what is the appropriate amount of penalties is a difficult one. “Lower” penalties may not provide the necessary push for compliance. “Higher” penalties can result in unintended consequences such as lawsuits, accusations of overreach, or owners just walking away and leaving the municipality “holding the bag”.
A recent article titled “Republicans, Democrats Split on Solutions for Blight” discuss the debate on Connecticut HB 6892 “An Act Concerning Municipal Blight Ordinances And The Fine For Littering”
Though the article was written 6//15/2023 and refences awaiting the Governor’s signature, it was in fact signed by the Governor on June 7th.
Per the Legislature’s summary, the bill
- Removes the municipal population threshold for certain parties to petition the Superior Court for the appointment of a receiver for a blighted and abandoned property
- Allows municipalities to enact blight ordinances concerning both residential and commercial real property
- Increases the permissible fines for blight ordinance violations
- Increases the fine for littering to five hundred dollars
- Reduces notice requirements to lienors when a municipality remediates certain code violations
- Removes certain blight violations from the infractions list.
To view the article, please click here.
To view the text of the bill, please click here.
In April 2022, the CDBG Coalition released a report titled, “Improving Lives and Strengthening Communities”
“This report serves to inform stakeholders on the importance of CDBG to community advancement and success.”
The CDBG Coalition consists of 31 national organizations which recognize the importance of the CDBG program in empowering and transforming people and places. The organizations represent elected officials, state and local government agencies, non-profit organizations, and advocates.
For more, information, please click here.
Update 11/20/2023
A-4750 has been conditionally vetoed by Governor Murphy and returned to the Assembly with suggested amendments.
To view the Governor’s statement, please click here.
A-4750/S-3286 would require the NJ Business Action Center (Department of State) to maintain a database of all vacant commercial real estate in the state that is available for purchase or lease by small businesses.
The legislation has been passed by the Assembly and the Senate and will now be considered for adoption or veto by Governor Phil Murphy.
For more information, please click here for an alert from Greenbaum Rowe Smith & Davis LLP.
To view the text of the bill and the current status, please click here.
Local Matters Podcast hosted by Janice Allen Jackson recently featured Matthew Silver, Civica Law and 2nd Vice President California Association of Code Enforcement on the subject of “Have You Ever Called Code Enforcement?”
In the short interview Matthew, provides an excellent overview of the role, responsibilities, challenges etc. of code enforcement, along with an excellent description of the various municipal registration programs and why they are a critical tool in the toolbox.
To listen to the podcast please click on a link below:
In February we posted on a Citizens Research Council of Michigan (not-for-profit public affairs research organization, founded in 1916) report titled, “Coordinating the Authority and Resources to Remediate Blight”.
This organization has several additional blight resources available.
March 2023 Taking a Closer Look at Blight Foreclosure in New Orleans
- A change in Louisiana state law to provide for the super-priority of remediation liens allowed New Orleans’ to remediate thousands of blighted properties after Hurricane Katrina.
- The blight status of many properties was the result of a policy decision that awarded higher rebuilding grant amounts to White homeowners than Black homeowners.
- New research raises important equity concerns that should be considered if Michigan were to provide for the super-priority status of remediation liens.
October 2022 Shifting Focus – Blight Management for Economic Stability
- Blight is used to describe the economic and social disease brought to communities by properties that are in disrepair and/or neglected and abandoned. How we define blight is impacted by our motivations for managing blight, which can range from public health reasons to economic development reasons.
- Blight can exist in urban, suburban, and rural communities. It is a local problem and the tools and funding needed for blight remediation will be unique to each community.
- While we are still learning how to manage and remediate blight throughout the state, we know that the state needs to provide local policymakers with multiple policy and financial tools to address it. We also need to keep our motivation for managing blight on economic stability for the entire community.
December 2021 Blight in Michigan: Not Just a Big-City Problem
- Blight is a problem in communities throughout Michigan, but it is a complex issue that can be difficult to quantify and address as it is locally subjective and experienced differently in urban and rural communities.
- State law provides some tools for local governments to remediate blight, but they need to be flexible enough to meet unique local needs. Also, many of the communities that struggle with blight are more fiscally challenged so finding the revenue to address blight can be a major issue.
- Blight remediation and prevention is ongoing. Some communities are trying to actively rid themselves of blighted properties while others are using economic development tools to prevent blight.