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
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
As far back as 2016, the State of Connecticut identified a significant issue with deficient concrete resulting in crumbling basements and foundations.
The crisis prompted the state to create an official web page dedicated to the problem and several pieces of legislation were introduced. Additionally a grass roots organization, the Connecticut Coalition Against Crumbling Basements, was created.
In a recent report, NBC Connecticut discusses a recent meeting where affected homeowners were advised to abandon their homes
For additional information please click on following link:
Crumbling Foundations Causing Foreclosed Dreams
Help is on the way though in the form of grants, captive insurance and a low-interest loan program;
Journal Inquirer: Crumbling concrete grants now available
Captive Internal: First crumbling foundation repaired with help of Connecticut captive
Washington, DC – Congressman Tim Ryan (D-OH) and Congressman David McKinley (R-WV) introduced the Clean Up Our Neighborhoods Act of 2019 (H.R. 2390). This legislation would authorize the Secretary of Housing and Urban Development to make grants to States to eliminate residential and commercial blight and assist in neighborhood revitalization. Eligible activities would include boarding vacant properties, demolishing or renovating blighted structures, clearing and maintaining vacant land, and stabilizing activities that provide open green space for public access and redevelopment. States must match 15 percent of the grant amount.
“There are currently 1.3 million vacant homes in America, including thousands in Midwest communities like Youngstown, Akron, Detroit, and Flint. Our ultimate goal must be to completely eliminate blight from our neighborhoods and this bill is a big step in that direction. The cost of abandoned buildings and vacant lots cannot be overstated. Abandoned structures account for $777 million in fire-related property losses each year, not to mention thousands of dollars in decreased property values for neighboring homeowners,” said Congressman Ryan. “Neighborhood blight can also lead to negative public health and social outcomes. Abandoned structures can become physical spaces for criminal activity, drug use, and gun violence. Studies link blighted properties to higher rates of childhood lead poisoning, chronic illness, mental distress, and premature mortality. A nation as wealthy as ours cannot be content to see some communities thrive, while others are scarred by fear, hopelessness, and neglect. It’s time to put the resources of the federal government to work addressing this large-scale problem.”
“Abandoned buildings and vacant lots are an eyesore, negatively impact economic development, and the quality of life in our communities,” Congressman McKinley said. “This bill will provide more resources to empower rural and urban communities alike to mitigate these unsightly areas, which will improve our neighborhoods and give a boost to revitalization efforts.”
You can read the full text of the bill here.
As a follow up to my March Blog posting where I discussed the continuing issue of wasted time, money and effort in identifying owners or mortgage servicers of vacant and abandoned properties please see this recent article.
Following is quote by a local councilwoman is quoted as “They did send out (warning) letters and a lot of those letters were returned because the only address that they had for some of them were the actual vacant properties,” said council member Rev. Sylvia King.”
There are better answers than mailing letters to abandoned properties. MuniReg has some of them!!
A recent article from NJBiz discusses a conditional veto from Gov. Phil Murphy on legislation that would have required the Department of Community Affairs to create an online database and interactive map of residential properties under foreclosure.
Interesting to note;
- New Jersey already has a significant amount of local VPR legislation.
- It is clear that there is room for a greater understanding of the issue. In the context of fighting blight, vacancy/abandonment causes blight not foreclosure.
To view the article, please click here.
As the loudest and strongest advocate for “clearboarding” my late father-in-law Robert Klein would be proud of Mobile’s approach to addressing blight. Replacing plywood boards with plexiglass/polycarbonate is a simple but powerful solution. See for yourself…………
To view local media coverage of the press conference, please click on the following links:
NBC15: City of Mobile to use Plexiglass to fight blight
AlabamaUCLA.tv: City of Mobile buying properties fight blight