In a November 2022 blog post we discussed that though property owners have rights that must be protected, the rights of the neighbors to be protected from the negative consequences of vacant or blighted properties are equal.
Earlier this year, one of our clients discussed their enforcement challenges when negligent property owners were brought to court. Attempts at stronger enforcement such as using receiverships were rebuffed.
It seems often the focus of the arguments are strictly on the subject property and the negligence of the owner in following the community’s maintenance code. Looked at in a vacuum the bigger picture can get lost. As described in the aforementioned blog, striking that balance is often very difficult.
For a court, striking this balance is also difficult.
For this community, we drafted a document to be provided to the court, with the intent to provide the court with not only a broader perspective but documented evidence of the negative impacts of blight.
We share this letter for others to utilize as they deem appropriate.
We ask that if utilized we are notified and receive full attribution.
Please click on below link for letter.