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Hampton City Council briefed on proposed vacant-building registry, fee and civil-penalty framework

Hampton City (Independent City) City Council · November 13, 2024
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Summary

Assistant City Attorney Anne Ligon briefed Hampton City Council on a proposed ordinance requiring owners of structures vacant 12 months or more to register annually if the property is derelict, site of criminal blight, or occupied by an unauthorized person; proposed fee $100, failure to register triggers a $200 civil penalty and a warrant-in-debt process.

Assistant City Attorney Anne Ligon told the Hampton City Council that the city is proposing a vacant-building registry for structures that have been "continuously vacant for a period of 12 months or more." The briefing outlined public-safety and property-maintenance concerns linked to long-term vacancies — aging neighborhoods, deferred maintenance, pests and rodents, overgrowth, and the risk of squatters or criminal activity — and explained how the local ordinance would mirror recent state statutory changes.

The ordinance as summarized by Ligon would require owners to provide the building address, the name, address and phone number of the owner or owner's agent, an explanation of how long the building is likely to remain vacant and why, a description of measures to comply with building and maintenance codes, and proof of an ongoing rodent-abatement plan. "There would be a $100 registration fee initially, for each subsequent year or any part of such year that the building remains continuously vacant," Ligon said, adding that "An annual registration fee of $100 is due within 15 days of the anniversary of initial registration" and that "the failure to register shall result in a $200 civil penalty." Ligon also explained that because state code permits only civil penalties in this context, staff must file a warrant in debt in the general district court to obtain a judgment for unpaid civil penalties.

Ligon reviewed the legal background the city relied on: prior to a 2013 change municipalities could require registration for any building vacant 12 months or more, then the 2013 amendment limited registration to derelict buildings; 2024 amendments broadened registration again to include buildings vacant 12 months that are derelict, meet a criminal-blight definition, or contain an unauthorized occupant. She defined derelict and criminal-blight conditions per the statute text presented: a derelict building may endanger health, safety or welfare and, for a continuous period in excess of six months, is vacant, boarded and not lawfully connected to electric, water or sewer service; criminal blight includes conditions caused by drug activity, prostitution or repeated firearm discharge inside the structure.

Council members asked follow-up questions about enforcement and remedies. Councilman Bowman asked whether the penalty carried criminal sanctions; Ligon replied that it did not and that removal of squatters is a private civil action for the property owner. A resident in public comment, Nelson Cox, asked whether the city removes squatters; Ligon confirmed private civil action is required, and staff would pursue the civil-penalty process for registration violations.

The briefing concluded with questions from council about whether the city currently maintains a registry (staff said it does not) and whether the treasurer would be involved in verifying tax payment (Ligon said tax coordination is not a requirement of the ordinance). Council members did not take a vote on the ordinance at this meeting; staff presented the proposal and answered questions so council could consider next steps.