I wanted to run something by the group and get some real-world feedback, because I know we’re all dealing with the same kinds of properties.

We’re starting to look at some changes to how we handle long-term noncompliance, especially with vacant houses and out-of-state owners. The biggest issue for us is cases that just sit forever because court is slow and utilities aren’t always an option.

Nothing is finalized, but here’s what we’re kicking around:

• An administrative civil penalty process that starts only after notice, a compliance deadline, and an opportunity to request a hearing

• Graduated daily fines if violations keep dragging on (kept well under the statutory max)

• Treating abatement costs strictly as cost recovery, not punishment

• Using utility billing to recover abatement costs on occupied properties with active service

• For vacant or unoccupied properties with no utilities, recording abatement liens and issuing tax executions (fi.fa.) so costs can be collected through the county when owners pay taxes, sell, or refinance

• Keeping it civil and administrative, with court still available but not the automatic next step

The goal isn’t to generate revenue, it’s to get compliance and stop the same properties from costing the city money over and over again.

I’d really like to hear how others are handling this:

• Are you already using administrative fines?

• How are you recovering abatement costs?

• What’s actually worked with absentee or out-of-state owners?

• Anything you tried that you wouldn’t do again?

I appreciate any insight. It's always good to hear how other cities are dealing with this stuff.

Thanks,
Chris

Chris,

My apologies for a late response. What you have in consideration sounds like you may be considering implementation of a Code Enforcement Board :

Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1)
PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11)
Chapter 74 - LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS (§§ 36-74-1 — 36-74-50)
Article 2 - BOARDS CREATED ON OR AFTER JAN. 1, 2003 (§§ 36-74-20 — 36-74-30)
Section 36-74-22 - Membership of boards; requirements of members; chairperson; attorney's role

• Are you already using administrative fines? On vegetation issues, the process is to enter property clean it up and send bill with an admin fee attached.

• How are you recovering abatement costs? Through the lien foreclosure process, it is outlined in most city/county ordinances and they follow state law.

• What’s actually worked with absentee or out-of-state owners? Keeping in mind, it is about the property and follow through- Due Process as outlined in state law. When pursuing abatement there is a great need to ensure your legal team does their due diligence in conducting Title Search, and follow the ordinances for proper posting.

• Anything you tried that you wouldn’t do again? Waste department funds on legal team doing research my team can do. The cost of an attorney doing what you as a code official can do is triple the costs. Limit phone calls, emails, and in-person meetings on one property. Costs of one 30 min phone call is more than one officer makes in an 8 hr day. You are not gaurenteed to recoup your expenses so find ways to reduce your cost.

what you are kicking around:

• An administrative civil penalty process that starts only after notice, a compliance deadline, and an opportunity to request a hearing: (who would be requesting the hearing?) This is what leads me to think you are considering a Code Enforcement Board.

• Graduated daily fines if violations keep dragging on (kept well under the statutory max): (Most ordinances already have this. I do caution, there is hard call for legislators to remove the abiltiy for daily fines)

• Treating abatement costs strictly as cost recovery, not punishment: (This can be handled by what is called a Consent Order. Developed by your City/County Attorney it is a Court Order but it is one that is agreed on by Owner and Jurisdiction.)

• Using utility billing to recover abatement costs on occupied properties with active service: (This is something most Cities have in their ordinances where they control utility services, however, caution to recognize anyone who qualifies as Disabled American cutting their utilities would take a court order, and I don't know if any Court would agree to cut utilities)

• For vacant or unoccupied properties with no utilities, recording abatement liens and issuing tax executions (fi.fa.) so costs can be collected through the county when owners pay taxes, sell, or refinance: (Again, most local ordinances follow the state law on this, typically called the Nuisance Abatement Ordinance)

• Keeping it civil and administrative, with court still available but not the automatic next step: (Court should always be the final step, that ensures due process and that the owner has had proper notice and ample time to correct)

No matter what choose consistancy and follow Due Process.