City of Grant establishes Vacant Property Registration
Editor’s note: Information on the Vacant Property Registration Ordinance included in this article is a summary only. Citizens can read the full fact sheet about the ordinance on the City’s website at https://www.grantnebraska.com/. A copy of the ordinance can be obtained at the city office.
By Becky Uehling
Grant Tribune-Sentinel
During its Monday, March 13 meeting, the Grant City Council unanimously approved to adopt an ordinance establishing a Vacant Property Registration within the city, thus making it a part of the City of Grant’s Municipal Code.
According to the council, the ordinance was passed in an effort to better utilize vacant properties in the city for new housing and economic development, and reduce blighted and unkempt vacant properties.
Monday was just one in several meetings that the council has dealt with the proposed ordinance during its regular business. After a lengthy discussion Monday, the council, made up of Andrea Brueggeman, Sam Sims, Tierney Peterson and Kimberly Bishop, unanimously passed the ordinance.
According to Council member Sims, the city hopes they will not have to collect any fees in relation to the ordinance, and reiterated that city is implementing the ordinance to make the community a better place to live and have a business.
Fact Sheet
According to a fact sheet on the ordinance, the following is a summary of the ordinance:
• The ordinance places a duty on the owner of the Vacant Property to assist the City in preventing public nuisance;
• The ordinance relates to both vacant commercial and residential buildings and properties;
• Vacant means the property has been vacant for 180 days or longer and during such time, has continuously exhibited evidence of vacancy;
• Such exhibited evidence of vacancy may include, but are not limited to—overgrown or dead vegetation, accumulation of abandoned personal property, trash or other waste; visible deterioration or lack of maintenance of any building or structure on the property; graffiti or other defacement of any the building or structure on the property; any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes or being used for the operation of a lawful business.
• Vacant properties shall not be used for storage unless specifically allowed pursuant to the city of Grant city Zoning Ordinance;
• The owner of the vacant property/building must register said property/building with the City within 30 calendar days of the property being vacant;
• The owner of the vacant property/building shall pay a registration fee as established by resolution adopted by the City Council for the period the property/building remains vacant. This fee includes the initial inspection of the property/building by the City Superintendent and/or designee. This fee has not yet been set by the council.
Exemptions from the registration include the following:
• Property only considered to be a seasonal residence;
• Property of an owner who is temporarily absent for more than 180 consecutive days, but who has demonstrated intent to return;
• Property that is scheduled for demotion;
• Property under construction or renovation
• Property subject to divorce, probate or estate proceedings
• Property that is for sale, rent or lease and that the owner can produce evidence of the active marketing of such.
• A building that is vacant because it has suffered significant damage by fire, weather an act of God, or vandalism.
• All buildings owned by government entities.
Council does not hire entity to enforce registration
Also on the agenda for the council’s consideration was the option to contract the enforcement of the Vacant Property Registration out to Five Rule Rural Planning from Kearney, and Five Rule’s law firm, Sevhla Law, from York.
After much discussion between the Grant City Attorney, Tawna Holmstedt, the council, and representatives from Five Rule and Sevhla, it was agreed that the City would not, at this time, contract with the firms for enforcement of the Vacant Property Registration ordinance. This was because of a difference in vision and scope for the ordinance among the city and Five Rule and Sevhla.
However, although the council did not act on the contracting with Five Rule, that does
not prevent the city from contracting with them at a later date, if they so choose. For right now, the city will serve to administrate and enforce the ordinance.
Public Speaks
Before the city acted on the ordinance, members of the public spoke in both favor and disfavor of the ordinance during public comment. Kris Long spoke on behalf of John Long who was unable to come to the meeting. Long stated that John and she were in favor of any effort that the city could put forward to eliminate vacant lots in the community, whether done with or without an ordinance.
Speaking against the ordinance during public comment was Wade Hill. Hill stated he wasn’t in favor of more government control in the city.
Dunn also presented to the council several letters and two emails that were in favor of the ordinance being passed.
Also listed on the agenda to speak on the potential ordinance was Marlin Wendell, Gaylord Lacy and Dennis Hutt, who were, according to city rules, placed under new business on the agenda. However, the question to adopt or not adopt the ordinance was under unfinished business, which comes before new business in the order of business for the city. The council unanimously adopting the ordinance before Wendell, Lacy and Hutt’s time to speak.
During the allotted time for the men to speak on the ordinance, Wendell spoke for the group saying that the reason for them to speak was basically “moot”.
“I thought that when I made the request (to be put on the agenda) it would have been at the same time as the vacant building issue,” Wendell said. “So, I guess there’s really not a whole lot to say. We were wanting to discuss (it).”
Wendell said when he asked to be placed on the agenda he felt he made it clear the men wanted to discuss the ordinance with the council before it passed.
“It seems to me it was a railroad job to go and put us at the back of the agenda,” he said.
Mayor Lisa Schmitt said Wendell was free to discuss the issue at that time.
“It’s already done,” Wendell said, indicating the ordinance had already been passed by the city earlier in the meeting.
Dunn said because the ordinance had been discussed at earlier meetings, the topic had to be listed on the agenda under unfinished business. However, Wendell’s request to be on the agenda was a new item, thus being making it proper place under new business, which comes after unfinished business, he said.
“That is why it was listed the way it was,” Dunn said.
Other business
Other business discussed during the meeting was as follows:
• Dunn gave a report on the recent CRA meeting, where a purchase agreement was approved for 245 Lincoln Ave, and discussion was held on approaching another property owner in town for purchasing property that could be developed for housing.
The CRA is actively working with Southwest Nebraska Community Betterment Corporation to establish new homes in the community, Dunn said. Dunn reported that a home is now on the foundation at 204 Hancock with an owner found, and another home is in the process of being built, which will be placed at 604 Garfield. SWNCBC is seeking a buyer for the 604 Garfield property.
• Bids were received from three contractors for the work to be done on the intersection at 6th and Warren and the paving of part of South Central Ave. The the bidders were CSC Construction, Steele’s Roofing and Construction and Level LLC. Dunn said TC Engineering is evaluating the bids, which will be presented to the council at its next meeting for approval.
• Grant City Clerk Jessie Faber reported that the airport will be receiving its last reimbursement from the Airport Improvement Program in March for the close out of the AWOS (Automated Weather Observation System), and the city is waiting for the last payment for the airport’s access road project from the same source of funding.
Next Meeting
The next meeting of the Grant City Council will be Monday, March 27 at 7 p.m.