Transcript Fort Worth TX VPR Public Meetings

VACANT/BOARDED STRUCTURES
Deanna JeffersonSmith
Assistant City Attorney/Community Prosecutor
John Hancock
Code Department Acting Assistant Director
Council’s Strategic Goals
Make Fort Worth the Nation’s Safest,
Cleanest, and Most Attractive Major City.
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Purpose
• Make public aware of current problems with structures
that are vacant and boarded
• Show negative impact of vacant/boarded structures
throughout the city
• Propose new vacant/boarded structure program
• Get feedback from public
• Report public’s feedback to Council
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Current Ordinance
• Current ordinances address when a building has to be
boarded/secured, but does not address time limitations.
• Collapse hazards can be demolished through the
Building Standards Commission.
• Non-collapse and non-hazardous structures cannot be
demolished in the same manner.
• Many vacant/boarded structures are not collapse
hazards; therefore, a demolition order cannot be
obtained.
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Effects of Vacant/Boarded Structures
• Neglected structures create a perception in the community
that no one cares;
• These properties attract transients, drug users, drug
dealers, public intoxication, prostitution, and other criminal
activities;
• Overall, these structures have an adverse impact on
quality of life, feeling of safety, and pose serious threats
to public health, welfare and safety.
Source: “The Revitalization of Vacant Properties: Where Broken Windows Meet Smart Growth”
International City/County Management Association
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Local Impact of Vacant/Boarded Structures
• Blight on community
• Signs of a
neighborhood in
distress
• Contributes to the
degrading quality of
life and health, safety,
and welfare of a
community
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Crime related to Vacant/Boarded Structures
• The Police Department identified and researched four vacant/boarded
structures with significant call and arrest volumes (Data from February
2007 to May 2008).
• Locations 1 and 2
• 86 calls for service
• 4,500 minutes time on call
• 34 total arrests
• 44 total citations
• Location 3:
• 1 robbery
• 1 arson
• 2 drug arrests
• 8 cited for occupying substandard housing
• Location 4:
• 4 narcotic search warrants
• 9 arrests for weapons, drugs, and warrants
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Category I Structures
Category I structures exist in such a condition that further neglect could
result in the structure becoming a “dangerous building”:
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Inadequate maintenance
Dilapidation
Decay
Faulty construction
Damage from fire or exposure to the elements
Examples:
• Collapsing
• Wracked, warped, buckled or settled
• Remains of structure after partial demolition
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Category II Structures
Category II structures exist in such a condition of disrepair that further
neglect could result in the structure becoming a Category I.
• Multiple defects or conditions which would require permits to do repairs.
Examples:
• Damage from a fire or natural disaster.
• Damage from deteriorated shingles, holes in the roof or rotted decking.
• Rotten, damaged or missing siding.
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Other City’s Practices
Pittsburgh, PA:
• Owner registers vacant building within 30 days of building becoming
vacant.
• $300 fee for failure to register vacant building.
• Exemption for building that have suffered fire damage or damaged
caused by extreme weather conditions.
• The buildings are inspected for enforcement and compliance.
• Report to Mayor and City Council every 6 months.
• Violation or presenting false evidence results in a $300 daily fine.
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Other City’s Practices Continued
Cincinnati, OH
• Owner required to obtain a boarding license after structure is
determined to be uninhabitable.
• If a structure is rehabilitated or renovated the license is no longer
required.
• Fee for the initial year is $900 and then increases to $2,700 a year.
• If fees are not paid, the City can institute a civil action and file a lien
on the property leading to foreclosure.
• Owner must maintain liability insurance in the amount of
$300,000.00 for residential property, and $1 million for commercial
property.
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Concepts
Current Ordinance
Concepts
•Unlimited timeframe structures
can be secured with boards
•Limit the time a structure can be boarded.
•None
•Require registration, compliance plan and a fee if not
rehabilitated in a reasonable time.
•None
•Define minimum boarding and securing standards
•None
•Owners must register structure if it remains vacant and
boarded for more than 30 days. Registration can be
accomplished by mail, fax, internet or in person
•None
•Must meet specific boarding requirements.
•None
•Owner must submit an action plan.
•None
•Owners of vacant/boarded structures must pay a fee if
structure remains vacant and boarded for a period
greater than 90 days.
•None
•Consider demolition of vacant/boarded structures that
have no historic or rehab potential.
•None
•Exception for structures being built/remodeled under
active building permits.
Consequences for Non-Compliance
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Fines
Building Standards Commission
Chapter 54 Lawsuit
• Enforcement of Municipal Ordinances
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Chapter 125 Lawsuit
• Nuisance Abatement
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Overgrown Vegetation