[MassHistPres] Demolition by neglect

[Chris Skelly]

At the statewide historic preservation conference yesterday, we had a
roundtable session on demolition by neglect.  Here is a summary of
thoughts on demolition by neglect issues.  

DEMOLITION BY NEGLECT ORDINANCES
Demolition by neglect is the gradual deterioration of a building due to
a lack of adequate routine or major maintenance.  When roofs, windows,
walls or foundations are damaged and allow rain, snow, animals or
vandals inside, a building can quickly reach a point where it can no
longer be rehabilitated due to structural conditions. Buildings that are
not adequately maintained from the weather will eventually fall to the
ground or be ordered removed by public safety officials.  Demolition by
neglect can occur when a building is abandoned or neglected but it can
also occur through deliberate efforts on the part of the owner to remove
the building, if for instance, the building was in a local historic
district and previous applications to demolish the building were denied
by the historic district commission.  

Demolition by Neglect bylaws are established by municipalities to
encourage owners to repair rather than demolish a building.  A
demolition by neglect bylaw encourages an owner to undertake basic
maintenance on the building so that it will not deteriorate further.
This could include repairing holes in the roof, replacing broken glass
in the windows, replacing missing siding, and keeping vegetation away
from the building as well as other items.  If the owner refuses to
undertake this basic maintenance, the ordinance allows the municipality
to impose a daily fine.  The municipality can also choose to repair the
building itself and recoup the costs later from the owner.  

Demolition by Neglect Bylaws, although popular in other parts of the
country, are not common in Massachusetts.  The Lowell Historic Board has
a minimum maintenance ordinance in the Downtown Historic District and
the city of Lowell has a separate minimum maintenance ordinance for the
rest of the city.  The Lowell Historic Board has used the minimum
maintenance ordinance when an owner is uncooperative to properly
maintaining their building.  Nantucket also has a demolition by neglect
bylaw.  Like Lowell, it is called a minimum maintenance bylaw.  If you
want more information on demolition by neglect bylaws from around the
state or country, let me know. 

While a demolition by neglect bylaw is a very useful and recommended
tool, if you are faced with a sole vacant, abandoned or blighted
building in your community, you should also do some basic research on
why the building is suffering.  

Do you know who owns the property?  Check with the treasurer's office to
find out if the owner is still paying taxes on it.  If they are, contact
the owner directly to find out why they are not maintaining the
property.  Sometimes, it is because they live out of state and haven't
realized what is happening to the property.  Sometimes, it is because
they have an unrealistic dream of rehabilitating the property.
Sometimes, it is an inherited property and the heirs can't decide
amongst themselves what to do with the property.  

If they are not paying taxes on the property and the accumulated tax
bill is now high, the owner may have abandoned the property and has no
interest in the property at all.  It would be a good idea to do some
deed research at the Registry of Deeds to find out if there is a
mortgage still on the property and if the municipality has put a lien on
the property for back taxes.  If they owe unpaid property taxes on the
property, the municipality can acquire the property through tax title.
This is not an easy task to accomplish through the court system but it
can certainly be done.  

Is the building inventoried on an MHC inventory form?  Is it on the
National Register of Historic Places?  Or has it been found eligible by
MHC for listing on the National Register of Historic Places?  All of
these things can help in your advocacy for the building.  

Christopher C. Skelly
Director of Local Government Programs
Massachusetts Historical Commission


-----Original Message-----
From: masshistpres-bounces at cs.umb.edu
[mailto:masshistpres-bounces at cs.umb.edu] On Behalf Of dbibel at comcast.net
Sent: Monday, September 18, 2006 11:56 AM
To: masshistpres at cs.umb.edu
Subject: [MassHistPres] Demolition by neglect

Like many (most?) other communities, Medfield has had its share of
properties that are slowly decaying due to neglect - sometimes benign,
sometimes malicious.  A demolition delay ordinance can sometimes be of
use, but only if the property owner has a true interest in saving an
historic property.

Are there solutions to demolition by neglect?  Fining an owner would be
of little use in many cases, if the reason for the neglect is cost of
the repair facing a poor property owner.  Shaming others?  Sounds like a
bad idea as well.

What if anything have others done in these situations?  Are there ideas
that have had success?

Dan Bibel, co-chair
Medfield HC

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