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involving as many agencies as possible beyond the police to address all the dimensions of the problem.36 Agencies and employees that perform well individually will not automatically perform well as |
part of a group. Each partner in an abandoned property task force brings a unique perspective and certain organizational limitations to the response. Task force members must know each partner’s |
assets and limitations, have access to accurate and timely information about the problem, and must know what responses have and have not been effective in the past. Cross-training works best |
when given before a multi-agency task force begins its work and when it becomes part of a systematic in-service mandate. Creating and delivering the training program is labor intensive; partnering |
with a nonprofit group to produce and deliver the program can defray costs. 3. Observing due process and developing capacity and support. Following due process - the provisions of state |
statutes, ordinances, previous court decisions, and process service - minimizes your chance of losing the case in court and instigating a lawsuit against your government. Owners may purposely evade due |
process to frustrate judicial action. Adopt responses that you are willing and able to implement and make sure you have the capacity and support necessary to sustain a given response |
to ensure the properties do not regress to their previous state. 4. Physically securing abandoned properties. Mandating that property owners erect fencing around abandoned properties and install barriers to unsecured |
buildings can make it harder for homeless to establish encampments in vacant lots and for offenders to enter the property. Fencing and other barriers keep offenders off not only the |
property, but out of the immediate neighborhood. If property owners do not comply, the government may have to secure the property and recoup costs through litigation. Controlling access, however, also |
makes it harder for officials to reach an encampment, get inside a property to conduct an inspection, or respond to a crime or fire. Boarding up windows and doors can |
make it harder for the homeless to establish encampments in vacant buildings. 5. Altering environmental features. Altering the neighborhood layout, including ingress and egress routes for vehicles and pedestrians, traffic |
patterns, landscaping and lighting, can make it harder for potential victims and offenders to intersect and can keep people away from the target property.37 Altering the environment in a systematic |
and permanent way and augmenting the changes with video surveillance and signage may: 1) increase the actual effort to commit crimes; 2) increase the perceived risk of committing a crime; |
3) deflect people away from the area; and 4) extend natural and formal surveillance.38 The government must weigh the costs and benefits of environmental interventions as it is not likely |
to recoup its investment from property owners. The changes should be part of a comprehensive reuse strategy. 6. Initiating privatized public nuisance abatement lawsuits. These are legal proceedings brought by |
private plaintiffs, such as community development corporations (CDC) or neighborhood associations, not governments or individuals. These lawsuits are resource intensive and time consuming, so privatizing them frees the government body |
to concentrate on delivering services. The best result for new housing units is achieved when CDCs also have a long-term redevelopment strategy, such as a master plan.39, α Because the |
CDC is private and usually consists of area residents, there is a long-term interest in the outcome. The CDC must be vested with statutory authority to act on behalf of |
the government, which requires legislative changes and reconciliation with home rule issues.40 α A master plan is a document adopted by the governing body that describes, in detail and with |
maps, the overall development concept for the city including how existing property will be used and future property development plans.. 7. Aggressively enforcing building codes. Property in disrepair is subject |
to a citation for code violations. Citations may result in fines or court-ordered remediation. Blight-prevention ordinances hold lenders (i.e., banks) responsible for property maintenance once a notice of mortgage default |
is filed against a vacant building.41 Code enforcement works best when coupled with an organized property-maintenance campaign and a system that allows other property owners to report abandoned buildings and |
nuisance properties.42 Property owners already in arrears may not respond well to additional financial pressure; fines may precipitate abandonment.β Code enforcement does not address properties that are abandoned and maintained |
with current property taxes and are outside the gambit of systematic economic redevelopment. If code enforcement orders occupants from the building due to unsafe conditions, then state law may require |
the government to provide relocation assistance, which may be costly. β Other fee-based responses such as vacancy licensing, liability insurance, separate tax on abandoned properties, and "blight penalties" may have |
similar consequences (Bureau of Justice Assistance n.d., 3–4; Ramsey and Zolna 1991, 605). 8. Establishing a mortgage fraud task force.ϑ A mortgage fraud task force is responsible for: 1) detecting, |
investigating, and prosecuting fraudulent lending, mortgage scams, and similar financial crimes; 2) pressing for new laws and enhancing existing laws through legislative action; 3) enforcing laws against all parties involved |
in a mortgage transaction; 4) developing and strengthening business partnerships to eliminate fraudulent lending; and 5) educating the public about fraud surrounding the mortgage process. Creating a task force consisting |
of local (police and code enforcement), county (prosecutor), state (police, attorney general, consumer fraud, department of commerce), and federal (FBI, Internal Revenue Service, U.S. Postal Inspection Service, U.S. Department of |
Housing and Urban Development) law enforcement and regulatory agencies with dedicated prosecutors is the best approach. Existing operations and the new task force may compete for resources, which complicates public |
safety priorities. ϑ This response was modified from a task force concept operating in the Miami-Dade (Florida) Police Department as expressed to the U.S. Financial Crisis Inquiry Commission on January |
14, 2010. 9. Creating incentives for responsible ownership and occupancy of abandoned buildings. As an example, Officer/Teacher Next Door programs are intended to improve distressed neighborhoods by offering housing incentives |
such as foreclosed properties to police officers and teachers who agree to move into such neighborhoods. One such program showed mixed results in both Rialto, California, and Spokane, Washington.43 In |
Rialto, overall crime levels either declined or showed small increases compared to similar sites in that city. The findings in Spokane were not as clear, and neither city experienced declines |
in drug crimes. Crime declines may be attributed to the density of the housing units in Rialto as opposed to the dispersed nature of housing units in Spokane. The program |
works best when “revitalization zones” are narrowly defined so housing units are concentrated instead of spread out. 10. Acquiring properties through tax foreclosure. Tax-delinquent property is acquired by the government |
through the foreclosure process. Once the government owns the property, developers, nonprofit groups, architects, lenders, and appraisers are engaged to create new, or rehabilitate existing, space for housing units, and |
to encourage commercial investment.44 If the market value of the property does not exceed the cost of the legal proceedings, the government may end up with a negative return. And |
a real estate speculator who purchases the property may not develop/rehabilitate the property as promised, but keep the taxes current and leave it vacant, hoping to sell it for a |
profit when the market takes an upturn. 11. Acquiring properties through an order of possession.ϖWhen a building is deemed abandoned and sound reasons exist that it should be rehabilitated instead |
of demolished, the government may apply to the court for an order of possession. This entitles the government to acquire control of the building in an effort to rehabilitate it |
and return it to productive use. Orders of possession may be used to counter “demolition by neglect” cases. Seeking an order of possession is a lengthy process and is best |
used when the taxes are current so foreclosure and eminent domain are not options and the government has the resources and willingness to rehabilitate the building in a timely manner. |
12. Promoting responsible property ownership through special tax sales. Special tax sales can empower the government to withhold abandoned properties from real estate speculators and instead sell them to entities |
that can and will reuse them in a manner consistent with the public interest.σ The law typically grants cities broad flexibility to establish terms of the sale to ensure the |
entity acquiring the lien will rehabilitate the building as stated in the agreement.ς Special tax sales require authorizing state legislation and may require a local abandoned property list (see response |
15). They work best when the government partners with a reputable developer (e.g., local CDC) who will rehabilitate the property consistent with the government’s master plan. ϖ See N.J.S.A. 55:19-84 |
through 97 of the New Jersey Tenement Houses and Public Housing code as an example. σ See N.J.S.A. 55:19-101, Special Tax Sales as an example. ς Examples of sale terms |
include: 1) establishing the bidder's qualification and setting performance conditions; 2) establishing minimum bid requirements; 3) creating bid packages and requiring a bid on the entire package instead of individual |
buildings; 4) selling the liens if the buyer does not fulfill the conditions of the sale; and 5) designating a second qualified bidder to whom the building is sold if |
the first bidder defaults on the agreement 13. Acquiring properties through asset forfeiture. A property connected to a criminal conviction may be subject to forfeiture;† e.g., commercial properties such as |
“budget motels,” which, as a class, can be routinely problematic because of their business practices.†† Property subject to seizure may not be worthwhile if it is out of equity, or |
if the costs to forfeit the property exceed its value. Before implementation, the government should have a written policy defining the mission and legal boundaries of the forfeiture program and |
how to evaluate “success.” 14. Acquiring properties through eminent domain. In 2005, the U.S. Supreme Court expanded the government’s right to appropriate private property for public use.45 The general sequence |
is: 1) Government declares the property blighted; 2) Blighted property can be condemned; 3) If condemned, the government may proceed to court to finalize transfer to public ownership. Once it |
owns the property, the jurisdiction will work with developers to restore the blighted area. Condemned property that is contaminated by hazardous materials may cost more to remediate, which is unattractive |
to developers. Eminent domain is a highly controversial and divisive approach that should have community support before it is undertaken.46 15. Maintaining an abandoned property master list. As a prerequisite |
to taking legal action, state law may require the government to create and maintain a master list of abandoned properties.††† A master list may enable the government to hold special |
tax sales and invoke ‘spot blight’ eminent-domain powers. Maintaining the list is time-consuming and creating the list without authorizing legislation may render it void in court. 16. Acquiring properties through |
a land bank program. A land bank is a public authority created as a legal and financial conduit to acquire, manage, and dispose of property with the intent to strategically |
prevent mortgage foreclosure, provide mortgagee education, and restore it as a tax-viable parcel.47 Adjacent homeowners and business owners should be offered the opportunity to purchase and incorporate the parcel as |
a contiguous side lot or backyard. Nonprofit agencies can reconfigure vacant land for children’s playgrounds (KaBOOM!); refurbish abandoned buildings (Habitat for Humanity); create usable space (Center for Community Progress); and |
help build sustainable communities (Local Initiatives Support Corporation - LISC).†††† The land bank is typically shared by regional governments and multiple agencies instead of a single jurisdiction. It works best |
when the transfer process is streamlined and when it is guided by a master plan. Statutory authority, budget control, and transparency must be clear. † See Response Guide No. 7, |
Asset Forfeiture. †† See Problem-Specific Guide No. 30, Disorder at Budget Motels, and Problem-Solving Tools Guide No. 8, Understanding Risky Facilities. ††† See N.J.S.A. 55:19-54 through 59 of the New |
Jersey Tenement Houses and Public Housing code as an example. †††† See these organizations' respective websites at kaboom.org; habitat.org; communityprogress.net; and lisc.org. 17. Razing abandoned buildings. Demolishing abandoned buildings, particularly |
those declared unsafe, removes blight, eliminates the source of crime and disorder conditions, and provides a fresh start for the area.48 Razing buildings is costly and is typically a last |
resort when the government is relatively certain it will not recapture its previous population level and the property can be put to better use. Demolition is best when it is |
part of a comprehensive redevelopment strategy that includes pursuing state and federal grants and funding for neighborhood revitalization. The government must be willing to absorb the costs associated with demolition |
until it can sell the property. 18. Registering foreclosed properties. Local ordinances can require trustees and beneficiaries (i.e., lending institutions) who have a legal interest in a foreclosed property to |
register the property with the government (usually with the police or code enforcement) and assume responsibility for maintenance.χ, 49 Failing to register may result in fines or a lien against |
the property. Registration allows the government to quickly remediate problems and mobilize responsible parties through current contact information, instead of having to track down seemingly “anonymous” owners such as multinational |
corporations and heirs/beneficiaries. The government must adopt enabling legislation before requiring registration, and upkeep is labor intensive.50 Although lending institutions may be responsible for the property, they are not in |
the property maintenance business and may challenge the law in court. χ Maintenance typically involves mowing the grass and pulling weeds; shoveling snow and ice; removing trash and graffiti; draining |
standing water; securing the building or lot. 19. Establishing an abandoned property early warning system. An early warning system is an element of proactive code enforcement.51 The system should capture |
these indicators of future abandonment, which are collected during periodic inspections: 1) previous fires; 2) a history of unpaid taxes; 3) unabated housing code violations; 4) unreleased liens and attachments; |
5) building owners who have a history of abandoning other properties; 6) decreasing utility usage; and 7) increasing vacancy in multi-tenant properties.52 Early identification alerts police officers, firefighters, and code |
enforcement officers to potential dangers in the building, encourages vigorous monitoring by code enforcement, and stimulates public awareness of the problem. It requires a commitment to keep the database current, |
which is labor intensive. 20. Educating owners/landlords/place managers to facilitate voluntary compliance. Owners, landlords, and place managers may not be fully aware of their responsibilities, especially with state laws and |
local ordinances governing property use and land management. Many people who purchase investment properties do not know the applicable laws or how to comply with them. Training may include how |
to screen tenants, how to spot signs of disorder, the eviction process, and other rights and responsibilities that are explained when property is transferred, new managers are hired, or crime |
and disorder conditions arise.53 Police, fire, health, and code enforcement must work together so the training materials are complementary. 21. Establishing capital rehabilitation programs. People of lower income may not |
have the financial means to make needed repairs to their house. Ignoring a structural problem or responding with makeshift repairs leads to risky living (e.g., increased risk of fires from |
using space heaters and exposure to lead paint and carbon monoxide build-up from a broken furnace) and further deterioration. As problems grow worse and the property value declines, the prospect |
of abandoning the property becomes more appealing. The government, nonprofit groups and lending institutions partner to develop grants and loan programs to rehabilitate the property. The grants and loans should |
be linked to foreclosure counseling, which includes avoiding predatory lending practices and foreclosure scams. The U.S. Department of Housing and Urban Development’s Community Development Block Grant Program is one source. |
If grants are not available, government funds may have to be encumbered. The government should be willing to place a lien on the property if the borrower defaults on the |
loan. 22. Conducting public education campaigns.κ The public should be informed about three critical issues: prevention, management, and reuse. The message should be: 1) how and where to report abandoned |
properties and suspicious activity (many calls go to the police who do not have the means to address them); 2) what properties are currently for sale and detailed procedures to |
acquire them; and 3) the risks and consequences for abandoning a property and how to prevent it. This works best when using multiple media sources (e.g., television, radio, direct mail, |
Internet, telephone, newspapers, direct solicitations, billboards, and public meetings) in an organized manner with links to different reporting forms, applications, and instructions. A public education campaign can be costly; public |
service announcements (PSA) are generally free, but coverage may be limited. κ See Response Guide No. 5, Crime Prevention Publicity Campaigns. 23. Creating urban homesteading programs. A shortage of adequate |
low-income housing and resentment over housing policies in some urban communities may provoke people to retaliate through civil disobedience and squatting, which is illegal. Cities can create affordable housing opportunities |
through homesteading programs.54 The government acquires foreclosed or abandoned properties, and then, working with homesteading advocates, makes the properties available to those looking for housing. The government offers the properties |
at or below market value along with nominal funding to rehabilitate the property with the intent of restoring property tax revenue. The new owners agree to occupy the home for |
a specified period of time and not to sell the property for profit. The government retains the title and has the first right to purchase the property at the cost/investment |
price instead of market value should the owner decide to sell. 24. Conducting government-initiated cosmetic improvement and cleanup campaigns. The government may initiate cleanup efforts by removing hazards and securing |
the property,55 which makes it more aesthetically appealing and safer.‡Improvements include landscaping, removing snow and ice, painting the exterior façade, draining pools and standing water, installing genuine or faux curtains |
or blinds in front-facing windows, patching the roof, repairing or replacing broken doors and windows, and installing exterior lighting. If doors and windows were previously stolen, then replacing them may |
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