Vacant properties can lower tax revenue and put a strain on city utilities. They are also a deterrent for potential business and residents when deciding whether or not to settle into a community. They provide a place for various critters to shelter and can have a negative impact on the health and wellbeing of the community. The City of Nelson has adopted a new Vacant Property Registration Ordinance to help ease the burden of these homes on the community.
The ordinance book for any city is a "beyond boring" read. In fact, when I worked in the city office, I wanted to run away when revisions came in and the books needed to be updated. No matter how dry of a read they are, the citizens in any community need to familiarize themselves with the laws governing them. The City of Nelson recently adopted a Vacant Property Registration Provision. What does this mean for the residents of Nelson? Well, if you own a property you do not live in, this one may affect you.
The ordinance states vacant properties have the potential to create a host of problems for the city, including a tendency to foster criminal activity, create public health problems and otherwise diminish the quality of life. Vacant properties also have the potential to reduce the value of area properties, increase the risk of property damage through arson and vandalism, and discourage neighborhood stability. They also represent unrealized economic growth in the city.
Sponsors believe vacant property registration ordinance will allow the city to discourage property vacancy, maintain unoccupied buildings, provide a database of vacant properties and their owners and assess fees for the increased public costs associated with vacant properties. Fees imposed under a vacant property registration ordinance have the potential to benefit the owners of these properties by helping to finance additional government services and protect the value and security of such properties.
This ordinance will affect commercial properties as well as residential. Evidence of Vacancy is defined as any condition or circumstance that would lead a reasonable person to believe a residential or commercial building is vacant. Conditions or circumstances may include unoccupied or empty building or structure on the property, lack of active utility service accounts, overgrown or dead vegetation, including grass, shrubbery and other plantings, visible deterioration or lack of maintenance of any building or structure on the property, graffiti or other defacements of any building or structure on the property, or any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes nor being used for the operation of a lawful business.
Ordinance 880 states Owners of vacant properties shall be required to register such property with the program administrator on the forms provided if the property has been vacant for 180 days or longer. When a property has been vacant for 180 days and has not been registered by the owner, the program administrator will notify the owner by first-class United States mail of their obligation to register the property. If, after 15 days, the owner has failed to register the property, the program administrator is authorized to register the vacant property for the owner by completing the registration form on their behalf.
A vacant property registration form shall be in either paper or electronic form, and include the name, street address, mailing address, telephone number and, if applicable, the facsimile number and email address of the property owner and their agent. The registration will also include the street address and parcel identification number of the vacant property, the transfer date of the instrument conveying the property to the owner and the date on which the property became vacant.
One hundred, eighty days after the initial registration of the vacant property or 360 days after the property becomes vacant, whichever is sooner, the property owner shall be required to pay an initial registration fee and will be required to pay supplemental registration fees at intervals every six months as long as the property remains on the vacant property registration database.
The initial registration fee for a residential property shall be $250 and $1,000 for a commercial property. The supplemental registration fee shall be double the amount of the previous cost, and shall be paid six months after the initial registration fee is due. The supplemental registration fee shall automatically double at intervals every six months after that until reaching a maximum supplemental registration fee of ten times the initial registration fee amount. The Program administrator shall give notice to the vacant property owner of a schedule of maximum supplemental registration fees should the property remain on the registry.
Vacant properties meeting the following conditions may be exempt from this article. Properties for which the city council may grant an exemption are those that are advertised in good faith for sale or lease. "Good faith" is defined as being listed for sale and actively marketed at a price no more than 125 percent of the assessed value as determined by the county assessor. Properties documented as a seasonal residence, owned by the federal government, the State of Nebraska, or any political subdivision thereof, may also be granted an exemption.
Failure of a property owner to comply with the requirement of this article may be fined of up to $100 per day for the violation. In addition, the city may enforce the collection of vacant property registration fees by civil action in any court of competent jurisdiction. In addition, the city may place a lien on the said property with the register of deeds. The provisions of article shall be supplemental to and in addition to the Vacant Property Registration Act (Neb. Rev. Stat. §19-5401 et seq.) and any other laws of the State of Nebraska relating to vacant property.
In conclusion, keep your utilities on and run water through the lines on a regular basis. Keep your property tidy and lawn mowed to avoid costly fines. Ordinances can be difficult to understand without a dictionary, thesaurus and legal counsel. I find it difficult to read through them in their entirety, but I have read them. If you would like to further research this ordinance or any another, the book is available to you during business hours at the city office. If you are unable to stop in during business hours, other arrangements can be made. If you have questions, contact the city clerk and set up an appointment to visit with a council member.
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