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HomeMy WebLinkAboutVacant Properties Presentation Vacant Properties Programs Available to Local Governments Presentation to City Council September 24, zoig What Programs Can Locale Governments Implement To Protect . . � the Interests of Neighborhoods? M }w w What Programs Should Governments Implement? To What Extent Do Private - Property Rights Prevail Over the _ rw Interests of Neighbors and Adjacent _ Property Owners? W The right to possess, to exclude others and to dispose of property are fundamental attributes of ownership. Presbytery of Seattle v King County, 114 Wn.2d 320, 329-330 (1990). 4 4 The Police Power The State Constitution at Article I I Section 11 : • Grants cities the authority to protect the public health, safety, and welfare. • Pursuant to that authority, the City may regulate the use of property. Growth Management Act • RCW 36.7oA.020 • Planning goals. The following goals are adopted to guide the development of comprehensive plans and development regulations . . . . (i) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. What Programs Can Local -- IL � - Governments Im lementTo Protect . m the Interests of Neighborhoods? � k �'" { ,� . " " W What Programs Should Governments Implement? To What Extent Do Private - Property Rights Prevail Over the Interests of Neighbors and Adjacent Property Owners? .,_ IL W " ' e wxpw n LL w M .. Y h �r ro ry Y 4 Mir.�-4^y L' _ a rvr t �� II�II�iii�IIIV» ' So , What Might We Consider Topics : • Some Vacancies Will Remain • Incentives and Cooperation • Grounds • Vacant Property Registration Ordinances • Nuisance Code Enforcement • Property Protection — Receivership • Blighted Properties -- Condemnation Some Vacant Property Will Remain Assuming a vacant property is being maintained, no nuisance, no blight, and the taxes are being paid, there is little the City can do with respect to a vacant property. hiu ' So, What Might Be Done About the Other Properties ? • � r Partnerships to Achieve Community Goals Incentives and Cooperation Durham, North Carolina - - Southwest Central Durham Initiative B lk Durham identified areas most in need Strategy: of rejuvenation. Targeted one for investments of CDBG Develop housing in clusters to create a funds. "mini community" Joined forces with two non-profits Create shared their interest in a safe, Acquired vacant and dilapidated homes attractive, well-maintained environment. and Redevelop housing to replace the worst Replace them with new affordable conditions. homes. i Incentives and Cooperation When Incentives and Cooperation Are Not Available Need Grounds ' • r Legal Bases for Action • Vacant Property Registration Ordinances Need Grounds . Nuisance Code Enforcement • Protection of Property • Blighted Property Vacant Property Registration Ordinances E { ' r - : .—$_ III.Ml a I r All s; _ m "Ma g _ y z f Vacant Property Registration k ,1° Ordinances (VPROs) • VPROs are common. • A vacant property registration ordinance is a critical part of any strategy. -}Ra� 6 4 w� Purposes : • Ensure that owners are known and can be reached; • Ensure that owners are aware of their obligations; and • Ensure minimum standards of property maintenance. f � \\\ \ Pmc &: © < < \ . . . . . . ,. ..�. , . , . |NTERNA�ONAL ROPERTY MAINTENANCE CODE . . / Code nternat|ona � pt�rty Mainteriaric,e . Two Fundamental Triggered by Classic Model length of Types vacancy Triggered by Foreclosure Model foreclosure or similar action Classic Model • Requires owners to register properties after a certain length of vacancy • Provide contact information for responsible parties • Ordinances vary across a broad variety of characteristics. • Significant variations: • Escalating fees and • Flat fees Escalating Fee Provisions Have proven successful in certain jurisdictions: • Wilmington, Delaware —Vacant properties decreased and fee collections increased • Cincinnati, Ohio--Increased compliance and recovered more fees Benton C. Martin, Vacant Property Registration Ordinances, Real Estate Law Journal Vol. 39:1 (2010) Ordinances display many variations in specific terms and requirements . • Coverage and exemptions vary, as do requirements for securing, maintaining and insuring the property; • Enforcement mechanisms vary, but fines are the primary tool; • Some localities specify some violations as criminal (misdemeanor); • Maximum fine amounts vary significantly. The owner must obtain a vacant building permit; Burlington, Buildings vacant for more than one year must renew the Vermont- - permit, and have the building inspected; Classic Owner must produce a maintenance plan to ensure the building is weather-tight and secure from trespassers; Model Maintenance requirements are similar to those found in Ordinance nuisance ordinances; with a Flat The penalties are fines of up to $500.00, Fee The annual fee is $500.00. Altoona, Pennsylvania--Classic Model Ordinance With Escalating Fees • Owner of any building vacant for more than 45 days must file a registration statement, and appoint a local agent; • No maintenance standards in ordinance, but Altoona regularly enforces its nuisance code; • The fee schedule: Less than 1 year vacant $0.00 1 year vacant $500.00 2 years vacant $1000.00 3-4 years vacant $2000.00 5-9 years vacant $3500.00 10 years vacant $5000.00 10 + years vacant $5000.00 plus additional $500.00 for every year property has been vacant over 10 years ��,,{{�(�(�°UU711 ���uJ(„'�r ,l�r lb�� �,I'rii»�,'1J1JJ,,, r,q y ria°'iiia. . . • Plaintiffs challenged Wilmington's AdJ ale,Inc. v. ordinance as unconstitutional because it assessed an escalating fee even if City of vacancy began before enactment of the ordinance . Wilmington, , The court rejected this argument J g 2004 Del . • Court ruled Wilmington's ordinance creates a valid regulatory scheme • Super. LEXIS It creates a reasonable fee 384 ( Del . Sup . • It is based upon the detrimental effect of property left vacant for Ct . November long periods of time. 30, 2004) • The Delaware supreme Court upheld the opinion on appeal. Adjile, Inc. v. City of Wilmington, 875 A.2d 632 (Del . 2005). • Minnesota Court of Appeals held that fees under classic model VPR Evenson v. City ordinance did not constitute an unconstitutional taking. of St. Paul Bd. of Appeals, 467 • The court stated : N .W. 2d 363 • The fee is not unreasonable or confiscatory. ( Minn . App . • The fee is imposed to prompt 1991) owners to repair property. • The fee can be waived under certain conditions. • A dispute over enforcement of Seattle's housing code; Sisley v. City of • Plaintiffs alleged that Seattle Seattle, 2014 violated state constitutional Wash . App . provisions by imposing vacant LEXIS284 building monitoring fees; • The Court of Appeals rejected all of Plaintiffs' claims. Nuisance Code Enforcement Code Revisions New Code Enforcement f Police Department, hire two part-time Code Enforcement Officers. Program Supervision will be via the PAPD Administrative Sergeant xTools to perform these duties L... ...° Process and procedure �� Fines Civil Process (Hearing Examiner) � Criminal prosess Voluntary Abatement Involuntary Recover costs of abatement p Cost recovery Recover process,filing fees,court costs, etc. Demolition Sale of property Protection of Property Receiverships Receiverships Cities can use Washington's receivership laws, RCW 7.60, to obtain control of abandoned property. Receivers are appointed to protect property. ML Abandoned properties attract squatters, vandals, and other criminal activity. µ " Abandoned properties become nuisance properties. State statutes specifically allows a general receiver to sell estate property upon court approval after notice and a hearing. Receivership can be an effective tool to return abandoned property to productive use. Example: • On June 4, 2019, the Spokane obtained an order appointing a receiver over five properties. PAP • The properties had been abandoned, creating dangerous nuisance conditions. • The order allows Spokane to return the ►► ►� properties to productive use. • Spokane intends to rehabilitate the properties '' ' " to create affordable housing . ' \ Condemnation Blighted Property Condemnation for Blighted Properties • Condemnation of blighted properties is another method to consider when dealing with vacant and abandoned houses. • Chapter 35 .80A RCW allows cities to condemn properties that "constitutes a blight on the surrounding neighborhood." Condemnation Criteria: At least 2 of the following: • The property has not been lawfully occupied for one year or more; • The property constitutes a threat to the public health, safety, or welfare; or • The property has been associated with illegal drug activity during the previous twelve months. If the criteria exist, the City Condemnation can acquire the property by eminent domain Process is same as Chapter 8 . 12 RCW - - - - Eminent Domain by Cities Som le Vacancies Will Remain Summary : Incentives and Cooperation Grounds • Vacant Property Registration Ordinances • Nuisance Code Enforcement • Property Protection — Receivership • Blighted Properties -- Condemnation Recommendations • Implement Second Quarter of zozo zozo u get — Enforcement P ---------------------------- • Nuisance enforcement • Property Protection • Blighted Property r a ur�