A proposed ordinance to fight blight through proactive property registration will be presented to the full council after it was given a "do pass" recommendation during Tuesday's Development and Planning meeting.
Homes and businesses are sitting idle by the thousands in Pine Bluff, according to committee Chairman Bruce Lockett, who presented a proposed ordinance amending Chapter 16 of the code of ordinances adding article VI concerning vacant buildings.
The purpose and intent of this article are to establish a registration and identification program of vacant buildings within the city. The article is also to ensure public health, safety and welfare.
"This is a simple ordinance that really requires people to either utilize their property or sell it," Lockett said in a follow-up interview. "We are trying to discourage people from just sitting on property ... letting it sit idle."
The proposed ordinance requires vacant buildings, structures, or dwellings that have been unoccupied for more than three consecutive months, or a commercial tenant space greater than 10,000 square feet, in an otherwise occupied building, that has been left unoccupied for more than three consecutive months to be registered as vacant with the city Code Enforcement Department.
The Code Enforcement Department also can investigate any property that may be subject to registration and may register the property as a vacant building notifying the owner of the property within five business days.
An assessed annual registration fee of 50% of the assessed property tax for each vacant building will be due at the time of registration but no later than Oct. 15.
Violation and penalties of nonpayment include fines up to $500 and a lien against the property.
Lockett said he is in favor of a flat fee, which is something he will discuss with all council members when the proposed ordinance is presented to the full council.
He said there could be exceptions in the ordinance that would exclude some owners from having to pay the fee and even registering.
The following are exempt from registration:
• Buildings owned by another government entity.
• Buildings that are vacant due to fire damage, or by act of God, or other casualty rendering the structure unsafe for occupancy. The owner(s) shall promptly take steps to repair or demolish the structure as per Article II – Administration and Enforcement – Division 2; Section 29-55.
The following properties shall be registered as vacant, but are exempt from paying a registration fee:
• A building actively being marketed for sale or lease.
• A building under reconstruction or renovation with a current permit.
• A building involved in probate, or the owner is incapacitated. After a period of 12 months, however, this exemption sunsets and the property must be registered unless another exemption applies.
"You won't be penalized in terms of having to pay a registration fee as long as your property is listed for sale with a Realtor," said Lockett, adding that in such a scenario, the property would still need to be registered. "If you just let it sit there and not list it with a Realtor with no intentions to utilize the building, then you would have to register it and pay the registration fee."
Lockett said if this ordinance passes, it would be the first of its kind in -- Arkansas.
Popular in many East Coast and West Coast states, vacant property registration ordinances give local governments the authority and tools to require landlords, as well as legally defined property and landowners, to pay a fee to register rental, vacant, foreclosed, or abandoned properties and give local governments the mechanisms to require minimal maintenance and safety standards for these properties and to ensure they meet respective code.
Lockett said he wants it known the ordinance is not a punitive measure but instead a proactive approach to solving the blight problem in Pine Bluff.
Lockett originally presented this same proposal to the council in 2017, but he said he didn't have enough council support.
"Previously, when I brought it forward, it didn't have council support so I pulled it," said Lockett. "We got a few new council members, and the mayor's office has taken greater attention to it."
Mayor Shirley Washington gave props to her new chief of staff, who she said inquired about a vacant property registration ordinance when she first came on board.
"The mayor's chief of staff comes from a place with a similar ordinance," said Lockett. "There's just more support for this ordinance now."
Lockett said he wants to make sure the ordinance is read three times to ensure proper public debate for anyone who may have an issue with the ordinance.
"Once we put it in motion, it's going to create a process where we will be assessing people registration fees for vacant properties," said Lockett. "It's going to be an extensive enterprise asking people to renovate, rent or somehow utilize these spaces that right now we have homes and businesses that are idle by the thousands."