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2024-09 Ordinance Creating Chapter 70.2 - Registration of at Risk Properties
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2024-09 Ordinance Creating Chapter 70.2 - Registration of at Risk Properties
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Last modified
2/9/2024 12:07:23 PM
Creation date
2/9/2024 11:59:22 AM
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Resolution/Ordinance
Res Ord Num
2024-09
Res Ord Title
2024-09 Ordinance Creating Chapter 70.2 - Registration of at Risk Properties
Department
City Manager
Approved Date
2/5/2024
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February 1,2024 <br /> TO: Mayor Julie Moore Wolfe&Members of the Decatur City Council <br /> FROM: Scot Wrighton, City Manager <br /> Jon Kindseth,Deputy City Manager <br /> RE: Proposed Vacant& Foreclosed Properties Registration Ordinance <br /> How is a Vacant& Foreclosed Ordinance a Neighborhood Revitalization Strategy. <br /> Two key components of the city's neighborhood revitalization plans are: 1)the city should <br /> demolish structures that are not salvageable where there are no parties interested in making the <br /> required investments to save derelict and abandoned structures; and 2)where structures can be <br /> salvaged,the city should encourage renovation and rehabilitation of these buildings so that they <br /> do not later end up on the demolition list. Although the city has acquired many vacant and <br /> abandoned structures through the Macon County Trustee(MCT)property disposition process <br /> (and other means)over the last several years,and has significantly increased the number of <br /> demolitions, there are still many more abandoned and vacant properties in private hands that do <br /> not require demolition today, but are not being maintained or renovated either—despite the need <br /> for additional local housing. Without intervention,these are the `demos of the future,' and they <br /> will continue to needlessly drive up the city's demolition budget. <br /> What is the Purpose of a Vacant& Foreclosed Ordinance? <br /> A vacant and foreclosed(or distressed buildings registration)ordinance assesses a semi-annual <br /> fee so long as an improperly maintained and vacant building has"evidence of derelict vacancy," <br /> and is determined to be a"registrable property"as these terms are defined in the ordinance. The <br /> burden of proof for determining that a structure has"evidence of derelict vacancy,"and is <br /> determined to be a"registrable property"rests with the city; and if an owner objects to the city's <br /> finding,then there is a process for appealing whether a building is"registrable."Registrable <br /> properties require the owner to provide contact information for local property managers, and it <br /> requires that owners or their representatives periodically inspect the properties to keep them in <br /> order. Derelict and irresponsible owners of vacant structures will find these requirements a <br /> bother and a nuisance. If this causes them to move more quickly toward private demolition or <br /> rehab,then it advances the city's objectives. If owners do not pay the fees and/or violate the <br /> ordinance in other ways,the city will have the ability to take legal action,including placing more <br /> liens on the property—which could lead to a faster foreclosure or other adverse possessions. <br /> This ordinance is not about raising revenue; it is about changing behaviors. If someone owns an <br /> empty or vacant building, but they are good stewards and maintain it responsibly and diligently <br /> while they try to sell it,or they need more time to evaluate different development options, or <br /> wait for the real estate market to improve—then the city has no objection. But Decatur has far <br /> too many structures—both residential and commercial—that have sat empty,unused and vacant <br /> for years, and they are not maintained or regularly inspected. They are fire traps for our first <br />
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