Ordinance Regulates Maintenance of Vacant and Foreclosed Properties
MAYOR DOMENIC J. SARNO AND SPRINGFIELD FINANCE CONTROL BOARD PASS CITY ORDINANCE REGULATING THE MAINTENANCE OF VACANT OR FORECLOSED RESIDENTIAL PROPERTIES
April 9, 2009 – Mayor Domenic J. Sarno and the Springfield Finance Control Board passed an ordinance today which will regulate the maintenance of vacant or foreclosed residential properties in Springfield. The purpose of the ordinance is to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters and neighborhoods where vacant and foreclosed residential properties are located.
In 2008, there were about 1,000 foreclosures in the City of Springfield. In many cases, these properties became vacant and the City had difficulty identifying the owner or responsible party for maintenance and upkeep. If properties ultimately become enforcement issues for the City’s Code Enforcement Department, the City’s Law Department has difficulty tracking down and serving notice upon the owner or identifying a party responsible for maintenance.
Mayor Domenic J. Sarno stated that “this ordinance is necessary to help combat the issue of blighted residential properties in our City’s neighborhoods.” “In some cases, the abandoned properties are controlled by out of State banks and they need to take responsibility for these properties and be held accountable,” stated Sarno. “This new ordinance will help alleviate some of the issues the City has been having combating this ongoing problem that is affecting many cities across the country,” Sarno said.
Under the ordinance, the maintenance of vacant or foreclosed residential properties would require the owners to:
- Register their property with the City at a cost of $100 per year;
- Provide the owner’s name and mailing address (which cannot be a P.O. Box) so that the City has a good address for service of legal notices;
- Identify as part of the registration (and post on the property) the 24-hour contact name, number, and address for a local property manager (either a person or company) who is located within 30 miles of the property; and
- Maintain the property on a weekly basis including keeping it secured.
The ordinance also requires that a property be registered as soon as a foreclosing process commences (with the delivery of a mortgagee’s notice of intent to foreclosure). The ordinance defines a vacant property as one that has not been legally occupied for 60 days or more and/or a property that is not occupied and not properly maintained or secured. Failure to comply with the registration requirement, or failure to maintain a registered property, can result in fines of up to $300 per week for non-compliance.
The goal of the ordinance is to achieve compliance so that the City is better able to manage and respond to concerns relative to vacant or foreclosed properties. Similar ordinances have been adopted in Boston, Lawrence, Lowell, Methuen, and Albany, New York.