Abatement Property Explanation
What is "nuisance abatement property"? It's property that has been abandoned, is uninhabitable, and in major disrepair.
These properties are not only unsightly, but they can also be very dangerous. As a result, they need to be cleaned up and made safe for the community again. In addition, some of these properties are not paying property tax which creates a financial loss to the community.
Why the Town steps in: Years of decay and potential danger. Often, the property owners are unable to care for the property any longer, so it has been abandoned and is decaying. In some cases, the owner(s) have passed away and had no family to claim the property. In other cases, the property owner moved away and is no longer close enough to care for the property. And in other cases, the property hasn't been abandoned but has not been maintained. As such, it's in a state of disrepair, neglect, and is hazardous. The result of abandoned and/or mistreated property/homes is years of decay, unsafe conditions - and even the dumping of garbage by others on the property.
The Town of Edgewood Abatement Property Process
- Identification of the nuisance property.
- The property is identified as abandoned, uninhabitable, unsafe, in a state of disrepair.
- Efforts are made to reach the known owners: a courtesy letter is sent.
- Notice to Abate is given.
- A sign of "Notice To Abate" is posted on the property.
- Another letter is sent via which it is conveyed that the property owner has 10 days to clean the property.
- A Notice of Hearing is posted and also sent in a letter.
- If none of these efforts result in a resolution, an Abatement Hearing is scheduled.
- Proper notice of the hearing is sent to the known owner(s).
- The Case is presented to the Hearing Examiner.
- An Order to Abate may be issued.
- Nuisance property is cleaned.
- Proper posting and notice are given to the known owner(s) which expresses that the property will be cleaned up.
- Physical removal of structures and/or debris takes place
Frequently Asked Questions:
If the owner is found and wants to clean up the property, what happens? The Planning and Zoning Department helps the property owner to create a plan of action so they can clean up the property. This plan of action includes a deadline by which the property must be completely cleaned of debris, structures, vehicles, etc.
Does the owner still own the property after an abatement clean-up is done? Yes. The owner continues to own the property and can keep or sell it. Liens against the property (if existing) may impact this.
If no owners are found, what happens to the property? We continue with the Abatement Process (as listed above) to include the hearing. If the property is cleaned using Town funds, a lien is placed is on the property. The town may at that time choose to foreclose to satisfy the lien. If it goes to auction, any funds beyond what is needed to satisfy the lien accrues to the owner.
Read the Town's Ordinance for Abatement Properties here