Council tables vacant property ordinance
Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Hillsboro City Council voted unanimously to table an ordinance for the registration of vacant commercial buildings, after the third reading of the ordinance at Thursday's special council meeting.
Council opened the meeting by excusing the absence of council member Rod Daniels, who had National Guard duty.
Hillsboro Mayor Drew Hastings was also absent.
Council president Lee Koogler opened the floor for comments on the vacant property ordinance before council exited for an executive session to discuss contract negotiations and personnel.
Robyn Coomer, a local Realtor, addressed council again to speak out against the wording of the ordinance.
Coomer has voiced her disapproval of the ordinance at many recent council meetings, particularly to criticize the fines implemented on vacant property owners and unclear wording.
"I'm here again to say please vote no on the vacant property ordinance," Coomer said. "I think you know my feelings on it. I'm actually kind of thinking the vote is already in, and I'm a little disappointed in that because we come here to address our concerns with you and you've already made your minds up."
Coomer asked council to consider rewording the document, as she has proposed changing the ordinance to a "standard property ordinance for everyone in the city limits" to establish safety regulations.
"Do not go with the flow and pass this issue," Coomer said. "This is just crazy."
Council member Bonnie Parr, who is also chair of the property maintenance and restoration committee, which worked to draft the legislation, asked for clarification.
"Ms. Coomer, your whole thing is you don't want to penalize just the commercial buildings?" Parr asked. "I'm not really sure what you're trying to get at."
"My issue is if you've got a vacant building uptown, you have to pay the $500 registration fee," Coomer said. "I call that a fine because you're vacant. The owner of that property isn't making any money. It's sitting vacant, and he has to pay $500.
"It's nonrefundable, it's not prorated, and if you don't pay that, you have a $1,000 late fee.
Coomer also questioned the presentation of the ordinance as a "safety issue," saying that there are occupied buildings uptown that would not comply with the ordinance standards.
"Why don't they get penalized or someone puts their foot down on them and make them comply with building standards that's safe for everyone, not just someone who's vacant?
"I think it just needs to be a standard building code straight across the board. Do your inspections. If they don't comply, fine them."
"You get someone who moves out and you don't rent it right away, [it's] $500. If you rent it the next day, you don't get any of that back. It's not standard. It's not fair."
Coomer asked council member Pete Pence if he, as a Realtor, thought the ordinance was fair.
"The ordinance was supposed to be rewritten, so if you comply with the inspections, that there is no fee," Pence said.
"Did you rewrite that?" Coomer asked.
"The law director [did]," Pence said.
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Coomer said that the only rewrites she has seen were adding the word "benchmark" on two pages and defining "re-occupancy."
"Nothing has changed in here by adding two words and two sentences," Coomer said.
"We'd met multiple times on this," Pence said. "I appreciate the fact that you show up at the meetings to express your concern, but if you want to be active in how you feel or the Realtors feel it should be structured, come to a committee meeting."
Koogler asked council members if they had any other questions.
"Could you explain what the effect of these changes would amount to?" Alexander asked Hillsboro Safety and Service Director Todd Wilkin, regarding the changes to the ordinance's language.
Wilkin said that at the third committee meeting, the committee decided to define "re-occupancy" in the ordinance.
"Re-occupancy would really be the basis of this ordinance," Wilkin said. "Re-occupancy means eliminating the vacancy by meeting the benchmarks set by 165.08 of this chapter, and that's why we added the word 'benchmarks,' Ms. Coomer."
Wilkin said that under the rewritten ordinance, buildings would need to be registered "after being notified by the fire department, so it would not be that you would be pre-penalized. You would have your inspection, the plan would be written for how you would meet these benchmarks."
The "benchmarks" outlined in the ordinance, according to Wilkin, including "masonry repair, roof repair and gutters," and if these "benchmarks" are addressed within 30 days "or a plan is created … the prepayment is not established."
"You're not being penalized up front," Wilkin said. "You have the opportunity to fix your property. If you bring it up to the benchmarks and it passes for re-occupancy, even though the building could still be vacant, but it's ready to be re-occupied, it's no longer a vacant building. That's the true definition of the legislation."
Coomer said that as a Realtor and property manager, her "definition of vacant is sitting empty."
"There's too many holes in this to trust what you're saying," Coomer said.
"No, it's in there," Wilkin said.
"I mean, it sounds good, but I've read this and read this and read this, and I just don't see it. I see 'vacancy,' and it scares me for anyone who has a vacant building."
Koogler interrupted the debate for council to enter into their scheduled executive session. Council adjourned at 7:14 p.m. and exited the session at 7:52 p.m.
When council returned, Parr made a motion "to table this issue and try to work some wording out."
Pence seconded the motion, and it passed by a 6-0 vote.
Koogler said that he would place the issue in the property maintenance and restoration committee and told Parr, "I hope you can get a meeting together very soon and look at the issue."
Council also heard the second reading of a resolution to contract with Paint Creek Fire District, along with feedback from firefighters and local citizens. Check back to highlandcountypress.com for the full story.
Council opened the meeting by excusing the absence of council member Rod Daniels, who had National Guard duty.
Hillsboro Mayor Drew Hastings was also absent.
Council president Lee Koogler opened the floor for comments on the vacant property ordinance before council exited for an executive session to discuss contract negotiations and personnel.
Robyn Coomer, a local Realtor, addressed council again to speak out against the wording of the ordinance.
Coomer has voiced her disapproval of the ordinance at many recent council meetings, particularly to criticize the fines implemented on vacant property owners and unclear wording.
"I'm here again to say please vote no on the vacant property ordinance," Coomer said. "I think you know my feelings on it. I'm actually kind of thinking the vote is already in, and I'm a little disappointed in that because we come here to address our concerns with you and you've already made your minds up."
Coomer asked council to consider rewording the document, as she has proposed changing the ordinance to a "standard property ordinance for everyone in the city limits" to establish safety regulations.
"Do not go with the flow and pass this issue," Coomer said. "This is just crazy."
Council member Bonnie Parr, who is also chair of the property maintenance and restoration committee, which worked to draft the legislation, asked for clarification.
"Ms. Coomer, your whole thing is you don't want to penalize just the commercial buildings?" Parr asked. "I'm not really sure what you're trying to get at."
"My issue is if you've got a vacant building uptown, you have to pay the $500 registration fee," Coomer said. "I call that a fine because you're vacant. The owner of that property isn't making any money. It's sitting vacant, and he has to pay $500.
"It's nonrefundable, it's not prorated, and if you don't pay that, you have a $1,000 late fee.
Coomer also questioned the presentation of the ordinance as a "safety issue," saying that there are occupied buildings uptown that would not comply with the ordinance standards.
"Why don't they get penalized or someone puts their foot down on them and make them comply with building standards that's safe for everyone, not just someone who's vacant?
"I think it just needs to be a standard building code straight across the board. Do your inspections. If they don't comply, fine them."
"You get someone who moves out and you don't rent it right away, [it's] $500. If you rent it the next day, you don't get any of that back. It's not standard. It's not fair."
Coomer asked council member Pete Pence if he, as a Realtor, thought the ordinance was fair.
"The ordinance was supposed to be rewritten, so if you comply with the inspections, that there is no fee," Pence said.
"Did you rewrite that?" Coomer asked.
"The law director [did]," Pence said.
[[In-content Ad]]
Coomer said that the only rewrites she has seen were adding the word "benchmark" on two pages and defining "re-occupancy."
"Nothing has changed in here by adding two words and two sentences," Coomer said.
"We'd met multiple times on this," Pence said. "I appreciate the fact that you show up at the meetings to express your concern, but if you want to be active in how you feel or the Realtors feel it should be structured, come to a committee meeting."
Koogler asked council members if they had any other questions.
"Could you explain what the effect of these changes would amount to?" Alexander asked Hillsboro Safety and Service Director Todd Wilkin, regarding the changes to the ordinance's language.
Wilkin said that at the third committee meeting, the committee decided to define "re-occupancy" in the ordinance.
"Re-occupancy would really be the basis of this ordinance," Wilkin said. "Re-occupancy means eliminating the vacancy by meeting the benchmarks set by 165.08 of this chapter, and that's why we added the word 'benchmarks,' Ms. Coomer."
Wilkin said that under the rewritten ordinance, buildings would need to be registered "after being notified by the fire department, so it would not be that you would be pre-penalized. You would have your inspection, the plan would be written for how you would meet these benchmarks."
The "benchmarks" outlined in the ordinance, according to Wilkin, including "masonry repair, roof repair and gutters," and if these "benchmarks" are addressed within 30 days "or a plan is created … the prepayment is not established."
"You're not being penalized up front," Wilkin said. "You have the opportunity to fix your property. If you bring it up to the benchmarks and it passes for re-occupancy, even though the building could still be vacant, but it's ready to be re-occupied, it's no longer a vacant building. That's the true definition of the legislation."
Coomer said that as a Realtor and property manager, her "definition of vacant is sitting empty."
"There's too many holes in this to trust what you're saying," Coomer said.
"No, it's in there," Wilkin said.
"I mean, it sounds good, but I've read this and read this and read this, and I just don't see it. I see 'vacancy,' and it scares me for anyone who has a vacant building."
Koogler interrupted the debate for council to enter into their scheduled executive session. Council adjourned at 7:14 p.m. and exited the session at 7:52 p.m.
When council returned, Parr made a motion "to table this issue and try to work some wording out."
Pence seconded the motion, and it passed by a 6-0 vote.
Koogler said that he would place the issue in the property maintenance and restoration committee and told Parr, "I hope you can get a meeting together very soon and look at the issue."
Council also heard the second reading of a resolution to contract with Paint Creek Fire District, along with feedback from firefighters and local citizens. Check back to highlandcountypress.com for the full story.