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Committee talks options on vacant property ordinance

The Havre City Council's Vacant Properties Ad Hoc Committee met Tuesday evening to discuss the elements many communities have in their vacant property registry ordinances or VPROs to address derelict property ownership.

A VPRO would require owners of vacant properties to register with the city. A registry of information of owners and vacant and foreclosed properties would be maintained. It could also require buyers of vacant properties have a timeline and plan to rehabilitate their properties.

City Council Member Caleb Hutchins, a member of the committee, distributed a worksheet that laid out common features in a VPRO such as a definition of a "vacant building," what information would be in a registry, how a VPRO is enforced and exemptions to the registry.

A vacant building as defined in a VPRO, Hutchins said, is typically a building that has been uninhabited for a certain period of time.

The building would also exhibit one or more of several characteristics such as being disconnected from city utilities. doors or windows unsecured or secured by less than normal means such as plywood, a nuisance violation for five or more days or the property is illegally occupied other than during a pending dispute between landlord and tenant.

Buildings condemned as dangerous or otherwise unfit for human habitation by local or county officials such as a fire department or county saniitarian also fall under that category, Hutchins said.

State Rep. Jacob Bachmeier, D-Havre, who sits on the committee said that one of the communities he looked at did not define a building used for storage as vacant.

Committee member Samantha Clawson said if such an exemption was allowed, someone could place four boxes in an otherwise empty building and claim to use it for storage.

"I don't really want to see a lot of buildings that were meant for houses (used) as storage and trying to skirt the ordinance that way," she said.

The committee discussed what information property owners would have to disclose when they register with the city.

Hutchins said most communities looked at stipulate that a property owner has a certain amount of time to register a property. That varied depending on the city.

Committee member Jim Bennett said an enforcement officer for the city of Belfountain, Pennsylvania told him the city usually required property owners to register within 90 days. However, the city eventually extended the deadline.

"They, in essence, had several days when they were going beyond the deadline they initially set because people were like 'I didn't know you were serious about this,'" he said.

Other information, Hutchins said, such as an address and description of the building, names and addresses of the property owners, how long the building is expected to remain vacant, long-term plans for the building and a blueprint or schematic drawing of the building so first responders can be aware of any structural damage, is often required to be flied.

Bennett said that he thinks requiring property owners to provide a blue print or schematic drawing could be an undue burden for owners.

"It seems to me like that could be a bit problematic to get that from people, especially if it's someone who doesn't live here and owns a property," he said.

For owners unable to provide a blueprint, Clawson said, maybe they could opt to allow city or county officials to inspect the building for structural damage.

Bennett said he does not know who would do the inspecting.

Another option, he said, could just ask owners when they register what if any property damage is done to their property.

Audience member Erica Farmer said a 24-hour phone number at which the property owner or manager can be reached in case of an emergency should be included.

The enforcement section of the VPRO, Hutchins said, includes a fee schedule for blighted vacant properties, a provision that allows the city to register a property and add the registration fee to the owner's property taxes if the owner does not voluntarily register.

A mechanism could also be included that allows city or county officials to inspect a building as needed, he said.

In addition to how long the property will remain vacant. Clawson said, she thinks owners should have to submit a long-term plan for what they intend to do to fix up the property and a timeline.

Some VPROs, Hutchins said, have a one-time fee or annual fee. Other communities use an escalating fee structure where an owner pays a given amount the first year, and then increases every year afterward.

"So, the longer it is on the registry, the more it costs you to keep it there," he said,

Clawson said she is a fan of the escalating fee structure, but that also includes a waiver for people actively working to improve their properties or get them on the market.

The last category discussed was the inclusion of a provision that exempts certain buildings from either having to pay the fee or register their property.

Such exemptions, Hutchins said, could include properties that are seasonally unoccupied, but are maintained and occupied part of the year, such as with people who leave the area during the winter but occupy the property the rest of the year.

Because it is vacant for months and some owners turn off their utilities when they are gone, Hutchins said, without such an exemption such home would be considered a vacant property and subject to the fee.

Bachmeier said owners of seasonally unoccupied properties should maybe have to register but not subjected to the fee.

Farmer asked if the registry should be part of the public record.

Clawson said she didn't think it should be, and Hutchins said he was leaning against it.

Properties that are vacant, but whose exteriors are maintained were another possible exception.

Hutchins said he thinks as long as it is being maintained and someone is keeping an eye on it, he doesn't think such a property is the type that leads to reduced property values in the neighborhood, higher crime or blight.

"In my mind, that is a freedom type of thing, so you are not harming other people, so you get to do what you want, whereas these blighted properties, they are harming the neighborhood around them," he said.

Bachmeier said an appeals process for property owners who have a property that meets the criteria of a vacant building but don't think they should have to pay the fee, should also exist.

Bennett said a code enforcement officer from another community told him that much of the first year a VPRO was in place, the main effort consisted of informing the public that it was on the books.

He said knowing that it was in place and would be enforced was what was needed to get property owners to improve their properties.

Though the committee has only had a few meetings, Clawson said, she has already noticed that some derelict property owners have been acting to fix up their properties because of the media coverage it has garnered.

"I think this could be the kick in the pants for some people, who should known better, but are choosing not to do what they should be doing," she said.

 

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