Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Code Enforcement topic
No spam. Unsubscribe anytime.
Ordinance would shift vacant-property enforcement costs to owners, expand lien authority
Summary
Brockton attorneys told the Ordinance Committee that proposed changes to the vacant-and-abandoned properties code would create municipal liens and fee schedules to recoup enforcement costs and allow receivership in chronic-code-violation cases; committee recommended the ordinance favorably.
Attorneys representing the city told the Brockton Ordinance Committee on March 31 that revised ordinances on vacant and abandoned properties would put enforcement costs on property owners and give the city stronger collection tools.
Attorney Sean Murphy said the drafts add fees tied to the vacant-property registry and make enforcement-related expenses'attorney fees, cleaning, sheriff's fees'recoverable as municipal liens so the city can be reimbursed rather than relying on general-fund dollars. "Meaning the person who has a property that's fallen into disrepair ought to bear the burden of dealing with that property and not the taxpayer at large," Murphy said.
Murphy described receivership as an escalation used only after repeated failed attempts to compel repairs. Under receivership a court-appointed third party can rehabilitate a property, place a lien for its costs and, if necessary, sell the property; owners are given a chance to satisfy liens before a sale.
Committee members asked why the ordinance lists the city or assessor for billing instead of naming inspectional departments. Murphy and staff said assessors already manage property billing and that inspectional services and the board of health will continue identifying problem properties; the assessor would handle billing and municipal-lien placement.
Councilors asked for data on how much the city currently spends enforcing vacant-property cases and asked to see the recommended fee schedule; staff said they would provide comparison fees used by neighboring communities and anticipated updated figures when the measure proceeds to the full council.
A motion to recommend the ordinance favorably to the full council passed by voice vote; the ordinance now proceeds for further review and a public hearing as part of the council process.
