By Recent demolition of what was left of the former Gary’s Auto shop on Sixth Avenue Southeast is just one example of a nuisance building ordinance helping clean up the city.
The Aberdeen City Council approved an ordinance addressing nuisance vacant buildings in May 2023. it was sparked, in part, by existing city ordinances not having the teeth to address buildings that were both vacant and a nuisance.
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The city wanted something more, and the process started with reviewing ordinances in other cities, including Sioux Falls, which has a registration process for vacant buildings. Aberdeen, though, didn’t want to focus only on vacant buildings, rather those that were vacant and a nuisance.
Under the ordinance, nuisance vacant buildings are defined as:
- Unoccupied and unsecured.
- Unoccupied and secured by other-than-normal means.
- Unoccupied and dangerous.
- Unoccupied and condemned.
- Unoccupied and having code violations.
- Or condemned and illegally occupied.
Dangerous buildings are defined as:
- Being in danger of partial or complete collapse.
- Having exterior parts that are loose or in danger of falling.
- Having any portion that’s accessible and is either collapsed, in danger of collapse or unable to support the weight of normal loads.
If a building meets the criteria, the owner is required to register it with the city, pay a $1,000 fee and come up with a plan to either address the nuisance concerns or destroy the building.
Nelson
A steep registration fee was imposed with intent, said Paula Nelson, city planner and former code enforcement officer. It’s meant to grab the property owner’s attention and motivate them to take action, she said. The fee doubles the second year a building is on the registry and continues to increase in future years.
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A key piece of evidence used to support the need for the ordinance was researching how many properties didn’t have water service for more than a year, she said. The Planning and Zoning Director at the time found 143 properties that met that criteria.
Nelson said some of them last had utility connections prior to the 2007 flood. That was a statistic that reinforced the need for the ordinance, she aid.
City, county have agreement regarding tax deed properties
Since approval of the ordinance, Nelson said, the city and Brown County have entered into a memorandum of understanding about parcels that are have past-due property taxes. Once a property is five years behind, the county can pursue a tax deed and sell the property to recoup the taxes owed.
The property is put up for sale sight unseen, but, Nelson said, the city pursued an agreement that allows it to do an inspection prior to sale. That’s led to six inspections, and the city has ordered demolition of all six buildings, she said.
When that happens, she said, the city covers the demolition costs and the county retains ownership of the lot, which can then be sold. In each case, she said, not only were the lots sold, but new development has begun. In one case, she said, a lot that previously had a single-family home, now has a four plex under construction.
“We are seeing some successes,” she said.
Robbie’s Bar last served customers in 2005 and has been vacant ever since. The building has recently fallen into disrepair and is set for demolition. Aberdeen Insider photo by Elisa Sand.
14 buildings on nuisance vacant registry
There are currently 14 buildings on the nuisance vacant registry, and improvements are planned for all of them, Nelson said.
The former Gary’s Auto building, 2502 Sixth Ave. S.E., had been the subject of several complaints since a fire three years ago, Nelson said. It was becoming a safety concern because people were gaining access so they could use it as shelter or steal copper piping, she said. The building was demolished this fall.
“That auto place was there as long as it was because the ordinance wasn’t in place,” Nelson said. “We had more complaints there than any other.”
Gary’s moved to 721 S. State St. after the fire.
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The former Robbie’s Bar building in the 10 block of First Avenue Northeast across from the Brown County Courthouse will also soon be demolished.
Nelson said at first the concern centered around people breaking into the building to sleep. Another issue emerged when the bricks started falling off the building and a hole developed near its foundation.
The property is now under new ownership, she said.
Nelson said the owners of the other properties on the registry are obtaining building permits to make repairs.
Working with property owners not always easy
Nelson said addressing the concerns is difficult, Nelson said. Property owners often aren’t often willing to work with the city. An investigation into one property could lead to a tip about another, she said. The city found one building that hadn’t had water service for more than a decade, she said.
Nelson said she does her best to connect property owners with programs that might be able to offer assistance. For example, Homes Are Possible, Inc., has a program available to help with home improvements.
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If demolition is needed and it’s a monumental task, Nelson said, properties can be gifted to groups like HAPI, which can take care of demolition, then develop the property.
The goal of the ordinance isn’t building demolition, rather to motivate owners to make the needed improvements, she said.
It’s also about being a good neighbor.
“The reality is, while property owners have rights, so do neighbors,” Nelson said.
When nuisance buildings are improved, she said, neighboring property owners are also more likely to plan upgrades.