http://eagletimes.villagesoup.com/p/ordinance-committee-targets-unsightly-houses/1431013
Ordinance committee targets unsightly houses
By ALLAN STEIN | Oct 21, 2015
SPRINGFIELD — Ordinance committee members are looking to crack down on blighted homes located within Springfield school zones in a way that doesn't violate the constitutional rights of property owners.
On Tuesday, committee members and selectmen George McNaughton and Walter Martone discussed options with Town Attorney Stephen Ankuda that included the establishment of a town ordinance.
"We have to make it fit under the definition of a nuisance [property]. I think a case can be made against trashy looking houses in a school zone," said McNaughton. "We need to have some approach to tackle them."
McNaughton said owners of blighted properties in Springfield often are absentee landlords. He said delapidated housing is associated with lower property values and projects a negative image of Springfield.
"People associate these trashy nuisance houses with less than savory types. You have a lot of kids going by these houses," he said.
In reviewing Vermont case law, Ankuda said there is no legal or constitutional basis for an ordinance designating a property a nuisance based on its appearance or "aesthetics."
However, the town could make stronger legal argument if a property posed a health or safety hazard, he said.
In that event, the town could file a legal injunction, Ankuda said.
"It's a safe way to go if you don't want to be billed a lot of money," he said.
Ankuda said blighted homes could also be addressed with the creation of a rental property registry including a housing code and license and inspection requirements.
"Any housing would have to be of a certain standard," said Ankuda.
McNaughton said any proposed ordinance by the committee would be recommended for a vote by the selectmen.
Residents would have 60 days to appeal the board's decision, he said.
Have any Vt towns addressed blight, and if so, what is the outcome?
ReplyDeleteThe State statutes address "blight". But the Chairman of the Planning Commission does not like the word, he believes it too harsh to apply in an official document of the Town.
Delete"Blighted", "trashy", "nuisance" are imprecise terms. Mr. Ankuda's suggestions: "health hazard", "safety hazard", while also imprecise in themselves, can be defined by ordinance. In that event the target owner may be unable to afford legal representation, and so the purpose of the ordinance would be fulfilled. The force of the ordinance must be 'evenly' applied, else anti-discrimination laws could be applicable.
ReplyDeleteWhy won't we focus on ridding the unsightly nuisance drug addicts and dealers loitering around everywhere, and near school zones. After all, death dealers and drug addicts cause much more of a hazard to our population that an "unsightly" house would ever cause.
ReplyDeleteyour disgusting.
DeleteAll I glean from this article is a litany of lame excuses from our town attorney why he can't write an enforceable ordinance. Hundreds if not thousands of desirable, residential communities across the country would not tolerance Springfield's growing blight. What's the damn obstacle to researching a best example and bench marking its zoning codes?
ReplyDeleteRegarding Springfield being a haven for drug dealers, repeat felons and a bumbling town attorney, you have only yourself to blame. Every election cycle Springfield as much as any other liberal infested rat hole sends the same inept dolts back into office. There they appoint liberal judges that like themselves view every criminal as a victim. So once again, we have exactly the government we deserve. Suck it up cupcake and enjoy the ride.
Springfield is not a 'residential community'; it is a town. Residential Communities have charters and or fancy 'owners' agreements' that prospective home buyers have to agree to in writing before moving in. I and my bank owned a home in one of those places way back when. Mr. Ankuda is working with what he has, which is state - and in some cases federal - laws. Please note that I have no special knowledge regarding his competence, and never met the guy that I know of.
DeleteBob, you are confused between covenants and zoning.
DeleteYeah, my terminology sucks too. However, attempting to use zoning to change what is already there - can that possibly work? Seems like Mr. Ankuda would have a problem defending that in court. Does the 'grandfather' thing apply?
Deletehow about finding a way to lower taxes,so people can afford to do the up keep on there homes
ReplyDeleteThere is no excuses. I'm bald broke but you'd never know by looking at my home. The landfill has paints for free, most debris is burnable, borrow a rake from your neighbor or get one free at the landfill. It's called having pride and respect for your neighbors and town. Most is just pure laziness....
DeleteAnd this coming from a Town that couldn't be bothered to spruce up it's own light poles up Main Street...instead a team of volunteers repainted them to make them look better...The pot should be careful of what it is calling the kettle.
ReplyDeleteSeemed to be a battle at the Plan Commission last night with locals trying to get the Town Plan to deal with reality, instead of being an advertising brochure. Not sure there is much hope with respect to the Plan Commission it is being tied down and told to behave by the Regional Planning Director.
ReplyDeleteI think this is all well and good, but the Town should also lead by example. I remember a time when Public Works would kill the weeds in sidewalks. Or....weedwhack along the river and the banks of River Street. The back end of the Fire Department is a junkyard now. Etc. Etc. Etc.
ReplyDeleteProbably can blame the ANR, Act 250, SWRCP and BRAT for the discontinuation of weedwhacking along the river as they are considered no touch zones now.
ReplyDeleteActually, along 100 River Street section the maintenance staff at PVDC did the weed whacking along the river. After they closed the doors and the building changed hands, there was no one around to do it. You never see the town crews out doing anything.
ReplyDeleteThis and many more needed tasks would be ideal community service, prison release and restorative justice projects. Unfortunately, the self-appointed, do-gooders managing these programs are every bit as useless as their clients.
DeleteAs accurately related by 5:06PM, Springfield could be a shining jewel for little or no taxpayer burden. Instead, it's a bastion for slum lords and slackers, willfully condoned by years of Selectboard inaction.