land use law center - poughkeepsie · poughkeepsie vacant and distressed properties project steps...

Land Use Law CenterLand Use Law Center

Established in 1993, the Land Use Law Center at Pace LawSchool is dedicated to fostering the development ofsustainable communities through the promotion ofinnovative land use strategies and collaborative decision‐gmaking techniques, as well as leadership training,research, education, and technical assistance.

Through its many programs, the Center offersmunicipalities, land use leaders, citizens, advocates,planners attorneys real estate industry leaders andplanners, attorneys, real estate industry leaders, andother land use professionals assistance that enables themto achieve their development and conservation goals.

Our StaffOur Staff

• Jessica A. Bacher, Esq., Adjunct Professor of Law,, q , j ,Managing Director of Research

• Margaret E. Byerly, Esq., MEM, Staff AttorneyMi h l J G E• Michael J. Goonan, Esq., LLM Graduate Fellow

• Jeff LeJava, Esq., Adjunct Professor of Law, ManagingDirector of InnovationDirector of Innovation

• Jennie C. Nolon, Esq., MEM, LEED‐AP, Senior StaffAttorney, Manager of Urban Programs

• John R. Nolon, Esq., Professor of Law, Founder and Counsel• Tiffany B. Zezula, Esq., Managing Director of Training

PoughkeepsieVacant and Distressed PropertiesVacant and Distressed Properties

Project Steps• Step 1 ‐ Site Visit – Initial tour, evaluation, and analysis of relevant

community area.

S 2 Addi i l i d l i• Step 2 ‐ Additional meetings and contacts to plan scoping process, identify relevant stakeholders, and develop list of relevant issues to be examined.

• Step 3 – Conduct educational sessions for City staff and stakeholders on relevant subject matter (i.e. best practices from Newburgh and across the country, decision making process, tools g y g pand techniques).

• Step 4 ‐ Conduct scoping sessions and develop an assessment report.

Project Steps Continued…• Step 5 ‐ Develop any needed resources on the subject area.

• Step 6 ‐ Relying on products from Steps 4 and 5, prepare a strategy p y g p p p p gymemorandum outlining options and recommendations for each City to consider.

• Step 7 – Present the strategy memo and recommendations to the City and• Step 7 – Present the strategy memo and recommendations to the City and stakeholders to obtain feedback.

• Step 8 ‐ Incorporate feedback and develop final report with strategies and recommendations.

• Step 9 – Assist City in developing an Implementation Plan for identified strategies This effort will include assistance with prioritizing strategiesstrategies. This effort will include assistance with prioritizing strategies , engaging stakeholders to take ownership over the recommendations , building capacity, and identifying and securing funding.

PoughkeepsieVacant and Distressed Properties

1. What property conditions concern you?

2 What causes these problems?2. What causes these problems?

3. What should be done about them?3 at s ou d be do e about t e

4. What are the top prioritiesfor action?for action?

LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAWwww.law.pace.edu/landuse

Distressed Properties are an Opportunity Disguised as a Problem

lDevelopment opportunities.Reinvestment and tax base increase.Open space resources.Job creation potentialJob creation potential.Part of the green infrastructure.E h fEnhance safety.Create livable neighborhoods.


Some Steps to Take Advantagep gof the Opportunity

1. Inventory properties. 2. Create a policy.3. Secure public support for action.4. Develop a plan: pick targets.p p p g5. Review and improve regulations.6. Acquire/Maintain/Repair q / / p7. Demolition8. Disposition


8 p

Richmond's Neighborhoods in Bloom“An innovative endeavor committed to bringing back all of

Richmond's great neighborhoods."

Community input was solicited through community forums

Six neighborhoods were selected to receive targeted resources

Funded using CDBG, HOME, and local capital improvement dollars

Images from: http://www.ci.richmond.va.us/citizen/neighborhoods/cmxxs_neindex.asp


Policy SettingPolicy SettingCity Council Resolution.Mayoral Proclamation orExecutive Order.Creation of Task Force:Involve planning and other boards.p g

Assess Conditions and Target Actions.Begin with an inventory: scope and typesBegin with an inventory: scope and types.

Identify tools and techniques to be explored


explored.

The Planning PhaseThe Planning Phase

What does the comp plan say?What does the comp plan say?Should there be a distressedproperty component?property component?Assess Public and Private/Civic Capacities.Integrate Code Enforcement into Plan.Secure Stakeholder Support – All Quarters


Regulation PhaseRegulation PhaseProperty Maintenance Code.Nuisance Abatement Law.Code Enforcement.Judicial Enforcement.Rental and Vacant PropertyRental and Vacant PropertyRegistry Laws.Repair and Demolition Laws.Repair and Demolition Laws.Discipline and Consistency.


Vacant PropertyRegistration OrdinancesRegistration Ordinances

Definition of Abandonment: 30 to 60 consecutive daysconsecutive daysResidential, Commercial & Industrial Properties

o Wilmington DEGraduated Registration FeeMaintenance RequirementsPenalties

o Wilmington, DEo Milwaukee, WIo Chicago, IllPenalties

Miscellaneous Provisions• Rehabilitation plans

o Minneapolis, MNo Albany, NY

• Waivers for nonprofits• Liability insurance and/or performance bond

o Washington, DCo San Diego, CACincinnati OHperformance bond o Cincinnati, OH


P t A i itiProperty Acquisition

First, work with current owners.

Tax foreclosed propertiesTax foreclosed properties.

Abandoned properties.

Condemned for blight.

Municipally owned lots and buildingsMunicipally owned lots and buildings.

Work with institutions and non‐profits. LAND USE LAW CENTERPACE UNIVERSITY SCHOOL OF LAWwww.law.pace.edu/landuse

Property Maintenance and RepairProperty Maintenance and Repair

What is the plan? How do we:pMaintain and repair acquired properties?Develop private owner and non profitDevelop private owner and non profit initiatives?Id tif f di ?Identify funding sources?

state/federal subsidies and tax creditsProvide incentives?

tax abatement


Demolition InitiativesDemolition Initiatives

Is there a need?Is there a need?

Quantify it?

Deconstruction and resaleopportunities?opportunities?

Bring program to scale.

Involve local workforce.


Property DispositionProperty Disposition

Plan needed before acquisition occursPlan needed before acquisition occurs.What are the options.bli iPublic Auction.

Bundled Public Auction.Public Auction on Conditions.Creation of Non‐Profit to hold andCreation of Non Profit to hold and dispose.


I t ti Oth A tiIntegrating Other Actions

Brownfield Redevelopment

Transit Facilities

Infrastructure ImprovementsInfrastructure Improvements1. Street Design & Transportation2 Stormwater Management2. Stormwater Management3. Green Utilities


O S C tiOpen Space Creation

Use of Side Lots:Use of Side Lots:


Job CreationJ

Jobs can be created in:Boarding up.Demolition.Maintenance of buildings.Maintenance of lotsMaintenance of lots.Repair.Rehabilitation.Building management.


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Thank You

1. What property conditions concern you?2. What causes these problems?3. What should be done about them?4. What are the top priorities for action?

land use law center - poughkeepsie · poughkeepsie vacant and distressed properties project steps...

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