Legal Tools & Strategies to Abate Blight

Legal Tools & Strategies to Abate Blight

Jessica L. Powell, Chief Counsel of Quality of Life, City of Cincinnati Solicitor's Office

513-352-3945

City of Cincinnati – Overview of “the Problem”

The City of Cincinnati has 2200 vacant problem buildings. The greatest challenge is finding the funding to demolish the

many abandoned buildings that are beyond repair. Laws that are founded on the presumption that “all land has

value” can come up short in light of the conditions created by the housing and foreclosure crisis. The private market does not take care of these abandoned properties and they become a burden to local government.

2

Tools to Combating Blights OVERVIEW

1. Addressing Blight Before it Happens

2. Code Enforcement 3. Legal Action and Advocacy 4. Partnerships

Part I: Addressing Blight Before It Happens

• Problem – The City’s code enforcement is reactive. By the time the City cites a blighted property or utilizes other tools, the costs associated with repair have skyrocketed, making demolition the “only” option

• Problem – The City’s demolition Funds are limited


• In Summer 2015, the City of Cincinnati partnered with the University of Chicago’s Data Science for Social Good (DSSG) program to embark on an analysis of whether the City could identify blight before it happened.


• A Brief History of Data Science for Social Good • Founded in 2013 by Obama 2012 Chief Data Scientist Rayid Ghani,

funded by Google executive chairman Eric Schmidt • Fellows are: computer scientists / statisticians / social scientists • 12 projects per year with non-profit and government partners • Mission: Training data scientists to tackle problems that really matter • Some highlights: – Lead hazard prediction model for Chicago Dept. of Public Health – Early warning system for struggling high school students – Identifying factors that elevate maternal mortality in Mexico • The City of Cincinnati was one of 12 projects chosen by the DSSG

project out of 500 applicants.


• DSSG GOAL: Help the city of Cincinnati combat blight more effectively by using data science methods to explore the effects of various factors on blight.

• 1. Creat Actionable Insight -Provide a list of properties ranked by likelihood of having a building violation and the possibility to prioritize inspections

• 2. Get a Small, Concrete Win that Demonstrates to Power of Analytics - Use the project as a pilot to develop out the City’s predictive analytics problem solving approach

Addressing Blight Before it Happens

Part II: Code Enforcement City of Cincinnati – Property Maintenance Code

Enforcement The Property Maintenance Division is charged with

eliminating blight and building safety hazards and promotes building repair and renovation through education and enforcement to protect the public health, safety and quality of life.

PMCE received about 6,000 requests for service each year. These requests include tenant complaints about poor housing conditions and neighbor complaints of blight on commercial and residential buildings and premises.

Part II: Code Enforcement City of Cincinnati – Weed & Litter

The City’s Department of Public Services receives over 4,000 complaints for weed and litter per year. Of this, approximately 3,000 complaints

result in a ciatation For 2015, there are over 900 lots

awaiting abatement.

14

Part II: Code Enforcement City of Cincinnati – Concentrated Code Enforcement

At various times, the City undertakes Concentrated Code Enforcement in a particular neighborhood. Concentrated Code Enforcement is a house-to-house inspection in code enforcement areas.

All buildings in a neighborhood focus area are inspected on the exterior for property maintenance issues. It is a systematic and proactive approach to addressing code violations and is typically performed as part of the Neighborhood Enhancement Program.

Most recent concentrated code enforcement effort was in Walnut Hills

15

Part III: Legal Action & Advocacy

• Ordinances – Vacated Building Maintenance License (CMC 1101-

61 et. Seq.) – Vacant Foreclosed Property Registration (CMC

Chapter 1123) – Private Lot Abatement Ordinance (CMC Chapters

713 and 741)

Part III: Legal Action & Advocacy

• Legislative – HB 134 – Expedited foreclosure Bill – Note: possible attempt by GA to preempt local

foreclosure registration ordinances!

Part III: Legal Action & Advocacy Public Nuisance Receivership Actions – ORC3767.41

Action filed in Common Pleas court to have a receiver appointed to abate the nuisance conditions

City considers filing when other avenues for compliance have been exhausted

Receiver motivation = costs for repairs become a super-priority lien on property

Challenge = Not always economically feasible if cost of repairs > value of property

Bigger challenge = Hamilton County does not have a housing court

18

Part III: Legal Action & Advocacy City of Cincinnati – Legal Remedies

Criminal Liability for Failure to Comply with Ordinances Requiring Maintenance

19

Used for more serious violations involving safety issues, willful disregard of the code, and/or longstanding violations. Failure to comply with orders under Cincinnati Municipal Code Sec. 1101-71 is a first degree misdemeanor punishable by 6 months in jail and/or a $1000.00 fine. Challenge = corporate and LLC owners cannot be tried in abstentia (State of Ohio v. TC Funding Group, 1st Dist. No. C-090191)

Part III: Legal Action & Advocacy Miscellaneous

Collection actions on fine, fees and abatement costs

Action under RC 715.261 to foreclose on barricade / demolition liens (eff. November 2014 – what municipalities are doing this?

Common Law Nuisance Claims Statutory nuisance based on criminal activity

(see R.C. 3767.01 et seq.) Go after the bigger offenders

20

Part IV – Essential Partnerships

• CDC’s • Legal Aid Society • Tenants • Community Councils • Treasurer’s Office • Land Bank • Local policy groups • Elected representatives • Others

Questions?

Legal Tools & Strategies to Abate Blight

Documents

Transcript of Legal Tools & Strategies to Abate Blight