Cityscape • February 2022 • In Depth

Some aspects of municipal government are not as enjoyable as others, and many would point to nuisance abatement work as one of the more challenging jobs city officials face. However, all communities have nuisance property issues at some point, including some that require the city to take certain actions.

• Establishing a sound nuisance property city code and consistently enforcing its provisions

• Planning and budgeting for the city’s efforts in abating nuisances and, at times, helping the redevelopment of certain properties

• Creating and maintaining a community culture that encourages property owners to keep their homes and businesses in compliance with the city code while residents understand the city will take action when necessary

While success may boil down to those basic ideas, nuisance property issues can be difficult to manage and frustrate even the most seasoned city officials. Yet, taking an active stance will help maintain vibrant neighborhoods and can be rewarding when troubled properties are turned around.

In order to effectively address nuisance property issues, the city’s actions must be supported by the city code. While the state code in Chapter 657 provides the framework for nuisance issues and supports local powers, it is necessary for each city to add local provisions that match the standards of their community. Adding detailed standards provide clarity to local property owners and residents as to what is not allowed when it comes to the condition of their property.

Common examples include residential lawns and junk or abandoned vehicles. Most residents can easily understand that overgrown grass is unacceptable, but what does “overgrown” mean? From city to city, different heights of grass are specified to help answer such a question. The same is true with junk or abandoned vehicles – some cities may have different standards for what is considered a junk or abandoned vehicle.

Beyond setting definitions of what is considered a violation, the city code also needs to specify abatement processes the city can utilize, schedules for abatement actions, fines for violations and property owner’s rights to contest actions.

Being proactive and encouraging property owners to keep the condition of their property in compliance with the city code can help prevent too many violations from occurring simultaneously. That said, veteran city officials will tell you that as much as a city may try, there are always going to be some properties that fall into nuisance status. As such, it is recommended for cities to consider nuisance abatement activities a routine part of the city’s services and include those efforts into city planning and budgeting.

As with other city programs and services, a review of past abatement efforts and costs should be studied as a city shapes the annual budget. While the state code provides a few mechanisms to assess nuisance abatement costs to property owners, there is always a chance that some property owners will not submit payment. Additionally, abandoned property often requires a city to incur expenses and such costs are typically not recouped.

Cities should also build nuisance abatement work into their regular planning activities. This could include taking inventory of nuisance properties around the community, particularly dilapidated or abandoned buildings that may need significant involvement from the city. Like any plan, the city should then prioritize the properties and buildings that need the most attention and estimate the costs the city may incur. This should include any properties the city has identified as having potential for redevelopment, along with developers that may have an interest in such a project.

Budgeting and planning for nuisance abatement will help a city ensure it is efficiently using its resources to rectify problem properties, which can result in properties returning to active use with owners paying property taxes and helping stabilize neighborhoods.

Fairly and consistently enforcing a city’s nuisance code is critical and must be done by a city official, or multiple officials, that have a strong understanding of the various provisions of the code. Each city can determine who will be authorized to enforce the code and identify nuisances, a less than pleasant task but something all cities must do.

For many routine nuisance violations, it can be best to use an informal process where a city official may simply chat with a property owner and ask them to quickly take care of the issue. This can be effective in abating a simple nuisance that does not pose a risk to others while saving the city time and expense as well as strengthening relationships around the community. However, the informal process may not always work and some nuisance violations need immediate action through formal procedures.

The most common formal abatement processes are the administrative process and municipal infractions. The administrative process is typically used for routine nuisances and often begins with the city sending a formal letter to the property owner notifying them of the violations and setting a deadline for abatement, while also advising them of the city’s ability to enter their property, abate the nuisance and charge the city’s cost to the property owner. Municipal infractions are usually used for more serious violations, such as junk vehicles and dangerous buildings, where time is of the essence. Citing an owner with a municipal infraction places the matter directly in district court and gives the ability to fine the owner, in addition to requiring the nuisance to be abated.

With more serious nuisance property issues, such as a derelict or dangerous building, a city may need to become more directly involved right off the bat. The same is true with abandoned properties. city may consider acquiring title through district court, a tax sale or working with a developer interested in redeveloping the home or building.

This particular aspect of nuisance abatement has increased in cities around the state recently, which can put additional strain on city resources. This underscores the need to properly plan and budget for city efforts as the costs in dealing with derelict and abandoned properties can be significant.

Nuisance abatement is rarely easy and can present unique challenges to any city, but it is necessary to maintain vibrant, healthy neighborhoods. Developing clear city codes, planning and budgeting for nuisance abatement activities, and strategically using city resources will help achieve the goals of the community.