Category Archives: blight

Local TREND. Revising Nuisance Ordinance for a Reason that is not short term rentals.

Ordinance Proposal will define a nuisance as:  ” “any condition or use of property which unreasonably interferes with health, safety, peace, comfort or convenience of the general community and is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such property is located.”

Fine:  fine of up to $1,000 or remedy within 10 days

City: Raymond NH

Opponents say: This is not live free or die. If…

Blight + Community Development Authority. Law Allows Development of Open Space. Local Ethics Policy Runs Counter? 3 Key Points.

Background: A local Wisconsin Community Development Authority is taking action to declare maintained properties blighted

What statutory language provides for development within an area under blight standards:

“an area which is predominantly open, and which because of obsolete planning, diversity of ownership, deterioration of structures or of site improvements or otherwise substantially impairs or arrests the sound growth of the community.” 

Community Repsonse: Organized the  Better Mount…

Blight Trend. Is negotiation required first? Blight Statute. Development. Property Rights Supporters. The Wood Violet State.

State: Wisconsin

Development Project: FoxConn Manufacturing Plant

What’s happened to the property in the FoxConn path?

  • most property owners have not entered into negotiations
  • blight designations were prescribed by the Mount Pleasant Community Development Authority

4 Requirements  for Blight Designation in Wisconsin

  • property cannot be owner occuppied
  • property cannot be occuppied by the owner spouse
  • property cannot be occuppied by an individual related to the owner by blood, marriage, or…

Local TREND. Blight. In lieu of fines, court for blight. 3 Points from the ordinance.

City: Southington, CT

Current Blight process: Inspector visits, most property owners cure the problem. If not, police visit and issue citations with fines. 

New blight ordinance proposal: 

  • In lieu of fines and a police visit, the proposal is to send the unremediated blight directly to housing court. 
  • Any complaints are limited to complaints in writing. 

Southington Record Journal | Southington council considers housing court for blight cases

Lege TREND. Reigning in Blight with Laundry Lists. What's on the Wild Sunflower state bill?

Kansas is considering House Bill 2506 (2018) that excludes the following from blight designations:

  • less than 15 month vacancy when there are unpaid taxes on the property
  • if there are legal disputes over the property like probate or title issues its not eligible for blight
  • if an owner confirms in writing that the issues will be fixed within 90 days
  • requires that if a code violation triggers blight designation, then there has to be a health or safety risk
    • ex:  inadequate drainage would no…

3 Reasons an Editorial Opposes Eminent Domain for Affordable Housing

The North Jersey editorial board opposed the taking of private property by a for-profit developer to build between 22 and 29 low- to moderate-income apartments in a mixed use retail and market rate housing development.

The opposition:

  • Affordable housing is not a public use for eminent domain
  • Its iffy if the properties taken are blighted
  • handing private property, seized by emient domain, to a private developer doesn’t fly

North Jersey | Editorial: In Emerson, eminent domain or land grab?  

Blight Bill from the Home of the Red Carnation. Faster Clean Up in 4 Steps.

Ohio Legislature is considering HB 482 to expedite blight remediation.

HB 482 will:

  • Cut in 1/2 the amount of time a property owner has to remediate blight from 60 days to 30 days
  • Cuts in 1/2 the amount of time to hold a hearing on the property from 28 days to 14 days
  • Cuts in 1/2 the amount of time a property owner has to remediate blight if there is an injunction from 30 days to 14 days.
  • The evidentiary standard to show blight: preponderance of the evidence

Previous version included…

Property Rights TREND. Local Ordinance: Prohibits Plants Higher than 10 inches. What?!

Where: New London, CT home to the Kelo v. City of New London of U.S. Supreme Court fame

The ordinance: Section 302.4 of the New London Property Maintenance Code

What garden items are prohibited by Section 302.4?

  • “all grasses, annual plants and vegetation,” that are more than 10 inches high.
  • except for trees, shrubs, and “cultivated flowers and gardens” 

The offending yard:  Has a “maintained” and “contained” bamboo garden for more than 30 years, longer than the ordinance has been in…

City Approves Marijuana Growers to Fight Blight= Tax Weed to clean up weeds.

The City: Adrian Michigan

The proposal: “permit[s] commercial medical marijuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters”

The 4 reasons commisioners supported marijuana facilities: 

  • Jobs that pay $15-20/hour
  • Funds for blight elimination
  • Economic development
  • Compassion for medical marijuana patients

LenConnect | Adrian OKs medical marijuana facilities