Fighting Blight With Eminent Domain
Posted on Tue, Nov. 13, 2007
By Ashlee Clark
http://www.kentucky.com/211/story/229205.htmlÂ
It’s easy to spot buildings that need repair.
Falling shingles. Peeling paint. Broken windows.
What’s harder for the city of Richmond is finding the owners of neglected properties so the buildings can be improved or condemned in a timely manner.
An ordinance on the Richmond City Commission’s agenda for its 6 p.m. meeting today could speed along the process and give the city more control over deteriorated properties.
The ordinance would allow the city to use eminent domain to take control of dilapidated vacant properties. The measure also calls for the creation of a mayor-appointed vacant property review commission to decide whether a property should be labeled deteriorated and blighted.
It’s thought to be the only such ordinance in Central Kentucky.
“The city can take these properties that have been a thorn in the city’s side,” City Attorney Garrett Fowles said of the ordinance.
Deteriorating properties in the city hinder the growth of the community, present risks to neighbors and depreciate property values, the ordinance states.
“It’s not fair to the other people in the neighborhood to have this eyesore here,” City Manager David Evans said.
Several properties throughout Richmond would be affected by the ordinance, said Codes Enforcement Director Joe Lillis.
“We have several in Richmond that need help and a lot of vacant lots that need to be mowed, and nobody seems to know who owns it,” he said.
Code enforcement workers travel throughout the city to find rundown properties. The department then attempts to notify the owner, who has a chance to bring the property up to code, Lillis said. If not, the property could be condemned.
The process, which involves obtaining a lien against the property, can take three to four months.
“It’s a slow process going through to get a house torn down,” Lillis said. “This may speed it up a little.”
The ordinance could knock about a month off that time, Lillis said.
Lillis said it becomes difficult to find out who owns a particular property when the owner dies, especially if it’s passed on to family members who don’t live in the area.
Sometimes, there isn’t even a tax record for older properties, making the search for an owner even more complicated, Lillis said.
After a recent search on one piece of property, he said, “Well, I guess it’s a figment of my imagination then.”
If the ordinance is approved, the director of code enforcement would ask the review commission to determine whether it is blighted or deteriorated. The property owner would have 90 days to fix any problems before the city could acquire the property using eminent domain. The city would then have the power to hold, clear, manage or dispose of the property.