Updated vacant building ordinance stresses registration requirement

Newton is cracking down on abandoned buildings.

The current draft of the city’s rewritten vacant buildings ordinance — which has yet to be fully approved by council — not only expands on the definition of vacant buildings, it makes clear that no person or business may own or maintain a vacant building unless it has been officially registered with city staff.

Exemptions, terms of registration and penalties have also been added to the proposed ordinance, which received its first wave of approval from city council members on March 18. Council must pass the second and third readings at subsequent meetings before formally adopting the ordinance into city code.

Several sections of the new ordinance remain unchanged from the original, but the language is noticeably stricter and more precise.

The ordinance also now expressly states its purpose is “to establish a vacant building registration and abatement program to serve as a mechanism for protecting the public’s health, safety and welfare.” It is also to help enhance communications between the city and private property owners.

Registering vacant buildings plays a key role in creating that communication. Owners or the responsible party must provide the address of the vacant building, their contact information and the contact information of all known lienholders and/or agents designated to act on behalf of the property owner.

Again, much of this was included in the past ordinance. But a new detail required when registering vacating buildings adds even more urgency; property owners must also include the period of time in which the building is expected to remain vacant, or they must plan a timeframe to comply with applicable city codes.

Registration must occur within 30 days of becoming vacant, according to the drafted ordinance.

To be considered a vacant building, the structure or a portion thereof must be abandoned, unsecured or secured in a manner that is unsafe, declared a dangerous building, unfit for occupancy or the intended use of the building, noncompliant with building regulations or without service from public utilities.

Initial registrations of a vacant building do not require a fee. But according to the new ordinance, a building that is left continuously vacant for six months after the initial registration date will be faced with an inspection and a fee will be charged. Registrations will expire after one year, but renewals must occur before then.

Inspections of the interior and exterior will be completed immediately thereafter. The owner of the vacant building will have to pay a vacant building registration fee and associated administration fees, which will be based on a fee schedule to be decided upon by city council at a later date.

Exemptions that have been added to the new ordinance include:

• Building in city process — A vacant building that is actively under construction, repair or remodel and with a valid building permit issued by the city; a vacant building considered for a grant or tax credit to be reviewed by the council; and/or any other application and review process showing the building is transitioning.

• Temporary vacancy of owner-occupied dwellings — A owner-occupied residential dwelling but the owner resides elsewhere for less than six months per calendar year.

• Property subject to immediate change of ownership status — A vacant building with an approved purchase agreement or an immediate pending sale or lease agreement, provided it is proven by documentation. In which case the requirements of the ordinance do not apply. But only for six months.

The city also included a section that states building registration does not signify or imply that the building conforms to any other applicate state or city codes nor shall it relieve the owner/responsible party of their obligations to ensure compliance with said codes and ordinances.

Penalties can be applied to owners/responsible parties for failure to register or failure to renew registration. The ordinance also states that legal action may be pursued for owners failing to comply with the provisions of this chapter and for properties not brought into compliance with the adopted codes.

In the agenda packet, the city included an implementation schedule:

• March 18, 2024: First consideration of the ordinance

• April 1, 2024: Second consideration of the ordinance

• April 1, 2024: Discussion on administrative policy

• April 15, 2024: Third consideration of the ordinance

• April 15, 2024: Resolution for administrative policy

• April 15, 2024: Resolution for vacant building fees

Council member Vicki Wade asked city staff how this ordinance would be communicated to residents and property owners. Newton Community Development Director Erin Chambers said the city would use a variety of methods, like social media and website posts and sending letters.

When the city finds cases of abandoned or vacant homes, Chambers said the city often sends an initial letter reminding the property owner of the vacant building registration requirement. The letter may even come with an application attached.

“If we find a vacant building that’s not registered we would always start the process with that first nice letter under the assumption that the party is just unaware,” Chambers said. “That’s what we do on building code things, zoning code things. We always start with that initial reach out letter.”

Council member Melissa Dalton said she was not sure if she liked the reset of the six-month timeframe when a registration is transferred to a completely new owner. Chambers said it was added to provide the owner with a grace window to do something with the property.

“When I think you have six months to do that, I think, OK, you have five months and one less day to get that property registered as vacant if there is nothing done. But if you’re working with that property owner in an ongoing thing … then that six months kind of becomes null and void,” Dalton said.

“Correct,” Chambers responded. “And please remember we’re talking about the ordinance, which creates the foundation for the administrative policy. Some of what we’re getting into now is edging into the exact nuances that the exact policy will address. We want to have a good, solid, basic foundation before we jump forward establishing a policy.”