Auburn looks to get tougher with owners of unkempt properties

Unmowed yards, weed-crazy lots, broken or boarded up windows, graffiti.

Unmowed yards, weed-crazy lots, broken or boarded up windows, graffiti.

Urban uglies like these can sure scuzz up a nice neighborhood.

Of course, no city across the county is immune from the creeping uglies. Like them, Auburn is seeing more foreclosed or abandoned properties, not to mention properties whose owners have allowed them to go to smash.

City leaders long ago wrote rules into Auburn’s City code to ensure that neighborhoods are safe, free of rat and insect infestation and vegetation controlled. But those rules are no longer enough, city officials say. Something more is needed to deal with people who ignore requests to comply voluntarily, something with teeth to it.

On Monday council members adopted Ordinance 6238, which liens a recurring daily civil penalty against such a property.

Under this option, the civil penalty will be levied automatically every day. The penalty can be as much as $500 for the first day and $100 per day for each additional full day the violation continues. Each day constitutes a separate violation. If unpaid within 14 calendar days of becoming effective, each penalty constitutes a lien against the property of equal rank with state, county and municipal taxes.

“This ensures that neighborhoods aren’t blighted by abandoned houses,” said Councilwoman Lynn Norman.

Compliance procedures on the books now start when the code compliance officer issues a notice to correct. That will not change.

Right now, the more-commonly-used option calls for the code compliance officer to issue a notice of infraction. Like a traffic ticket, it’s a matter of paying the fine or contesting the violation. Each day the violation continues, however, a separate notice of infraction goes out.

The less-commonly-used option calls for the City directly to file a Superior Court action for abatement, obtain a court order, abate the violation, get a judgement and record a lien to recover the costs of abatement.

City officials say that voluntary compliance will continue to be the preferred option for resolving violations. But when these efforts fail, the existing procedures for issuance of a notice of infraction will continue to be effective at resolving most of the cases where a property owner or tenant is present. But in those cases where the property owner is absent or a corporate entity or bank owns it, city officials say, the additional option of issuing a daily civil penalty that can be liened against the property is likely to be more effective.

Mayor Pete Lewis said the engine that drove the City to make this change was complaints from frustrated residents.