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VACANT/BOARDED STRUCTURES

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. 2. Purpose.

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VACANT/BOARDED STRUCTURES

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  1. VACANT/BOARDED STRUCTURES Deanna JeffersonSmith Assistant City Attorney/Community Prosecutor John Hancock Code Department Acting Assistant Director

  2. Council’s Strategic Goals Make Fort Worth the Nation’s Safest, Cleanest, and Most Attractive Major City. 2

  3. 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 3

  4. 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. 4

  5. 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 5

  6. 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 6

  7. 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

  8. Category I Structures • Category I structures exist in such a condition that further neglect could result in the structure becoming a “dangerous building”: • 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 8

  9. 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. 9

  10. 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. 10

  11. 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. 11

  12. Concepts

  13. Consequences for Non-Compliance • Fines • Building Standards Commission • Chapter 54 Lawsuit • Enforcement of Municipal Ordinances • Chapter 125 Lawsuit • Nuisance Abatement 13

  14. Overgrown Vegetation

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