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Commission adopts property-maintenance encumbrance for REAP-funded demolitions, rejects liens
Summary
The Fayette County Commission voted to require property owners receiving REAP or county assistance for demolition to sign agreements barring re-storage of trash and requiring maintenance after demolition, while avoiding liens that would inhibit participation. The commission said enforcement would be civil and that staff will include a maintenance
Fayette County commissioners on March 19 approved a requirement that property owners who receive county assistance for demolition enter a signed agreement to maintain the site and not use it to store personal property after demolition.
The action followed several hours of discussion about how the county should limit post-demolition nuisance uses and whether to require a formal encumbrance or lien on properties that receive demolition funding under the Rural Economic Area Partnership (REAP) program. County counsel and staff recommended a voluntary agreement that requires owners to keep grass trimmed, remove brush and refrain from storing vehicles and other personal property on cleared parcels.
Anthony (county counsel) told commissioners that REAP guidance suggested an encumbrance could be required but the county could tailor its terms. He said asking owners to accept a lien equal to the cost of demolition would likely discourage participation: "If we start asking people to place a lien on their property, my guess is we are going to have no one willing to go through the program." The commission discussed enforcement and noted civil remedies would be time-consuming and that periodic inspections would be necessary to detect violations.
Commissioners discussed alternatives including a time-limited repayment provision if the property is sold shortly after demolition and a prohibition on the storage of personal property on the parcel; they agreed the priority was to prevent sites from becoming junk yards after demolition. Angela and staff said Mercer County and others successfully use a voluntary maintenance agreement rather than a lien.
On a motion and second, the commission approved an encumbrance requiring property owners to keep cleared parcels maintained and to refrain from storing personal property on the lot after demolition. The motion passed on a voice vote. Commissioners asked staff to add the maintenance and anti-storage provisions to the standard agreement and to return with draft language for use with REAP-funded projects.
Staff and counsel said enforcement would begin with notice and a written demand and could proceed to litigation only if necessary; commissioners acknowledged that monitoring compliance would require staff time and suggested periodic collective inspections rather than leaving the burden to a single employee.
