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R2024-21 Resolution Authorizing a Professional Service Agreement with Hera Property Registry, LLC
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R2024-21 Resolution Authorizing a Professional Service Agreement with Hera Property Registry, LLC
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2/26/2024 11:06:52 AM
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2/9/2024 2:40:20 PM
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Resolution/Ordinance
Res Ord Num
R2024-21
Res Ord Title
R2024-21 Resolution Authorizing a Professional Service Agreement with Hera Property Registry, LLC
Department
City Manager
Approved Date
2/9/2024
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responders,they harbor vermin,they are drug houses,they attract vandalism and are unsightly. <br /> These properties are a drag on their neighborhoods,they devalue adjoining tracts, and they <br /> contribute directly to blight. Far too often, the city has ended up demolishing some of these <br /> vacant structures because if they deteriorate enough,the property owner may choose to `dump' <br /> them on the city and abandon them. After much legal wrangling,the city eventually acquires title <br /> to these properties after demolition and clearing; but the value of the property is always a <br /> fraction of the costs paid by taxpayers to tear buildings down. Decatur's taxpayers should not <br /> subsidize the poor behavior of vacant structure owners who do little or nothing to maintain their <br /> buildings. Private property owners are entitled to decide for themselves whether they wish to <br /> demolish or rehabilitate their buildings; but they are not entitled to leave them in the"twilight <br /> zone"between demolition and rehab, while at the same time performing little or no <br /> maintenance—to the detriment of adjoining property owners and the neighborhood. <br /> The concept of a vacant and foreclosed ordinance has been discussed before by the council, and <br /> has received support in concept.During a 2022 study session, one of the city's revitalization <br /> consultants,the Center for Community Progress, specifically recommended that the city adopt a <br /> vacant and foreclosed ordinance. What has taken time is crafting the ordinance to fit the unique <br /> requirements of Decatur. Some cities require registration of ALL vacant buildings—regardless of <br /> their condition or maintenance status. Some even require"snowbirds"to register while they are <br /> away in Florida. These provisions do not fit Decatur; the recommended ordinance takes a more <br /> targeted approach—it is focused on vacant buildings that are obviously being allowed to <br /> deteriorate by their owners. <br /> How will a Vacant&Foreclosed Ordinance Work in Decatur? <br /> While city staff will decide which properties will be "registrable"(since they are doing <br /> inspections in these neighborhoods now),the work of contacting property owners,verifying <br /> ownership records, evaluating the legal status of shell corporations, etc. would overwhelm the <br /> Economic& Community Development Department. For this reason,a companion council item <br /> (following on the Monday agenda) is a parallel agreement with Hera Property Registry,LLC to <br /> manage much of the ordinance's administration. This is more efficient than adding staff. Hera <br /> would retain a portion of the fees charged. <br /> Who could be ounosed to a Vacant&Foreclosed Ordinance? <br /> It is not a crime to own a vacant building,but if a vacant building causes negative impacts on the <br /> neighborhood around it(physically,financially, emotionally,etc.),then it should be. Derelict <br /> building owners will not like the ordinance, and some may assert that a vacant and foreclosed <br /> ordinance infringes on their private property rights (i.e.,to use their property in any way they <br /> wish). It is possible to overreach in adopting a vacant and foreclosed ordinance; but where the <br /> city can demonstrate that vacant buildings are impacting adjoining properties, courts have upheld <br /> these kinds of ordinances—and the ordinance proposed for Decatur is less restrictive than many <br /> other vacant and foreclosed ordinances. <br /> More than 1500 communities in the United States have adopted vacant and foreclosed <br /> ordinances in some form. In Central Illinois,vacant and foreclosed ordinances have been <br />
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