Working with Vacant Properties: The Basics
Why do properties become vacant?
Properties become vacant as people and businesses relocate, but they remain vacant for various reasons.
Some vacant properties may fall into ownership limbo as a result of court proceedings, estate settlements,
or are passed on to new, uninterested or incapable heirs. These vacant properties may be a nuisance in an
otherwise stable area. In other cases, vacant properties may be indicative of a larger neighborhood
problem like concentrated foreclosures. Some properties remain vacant because their market value is too
low to justify the cost to make them habitable or otherwise legally usable. This second reason is far more
challenging and pervasive. The longer such properties sit vacant, the more expensive they become to
renew and the lower surrounding property values fall. Once renovation and acquisition costs for typical
properties in an area exceed property values, decline can spread steadily and reinforce itself.i
What constitutes a vacant or abandoned property?
A universal definition of ‘vacant property’ does not exist. The US Census Bureau’s definition of a vacant
property includes newly constructed units that have not been occupied, but does not include abandoned
buildings open to the elements if they are slated for demolition.ii This Census definition may result in an
undercount of properties in a community struggling with disinvestment and an over-count in communities
that are experiencing rapid development and construction. While the Census may be a good starting point
for estimations of vacant properties, a neighborhood survey will provide the most accurate number.
The National Vacant Properties Campaign,* the predecessor to the national vacant properties organization
Center for Community Progress, defined abandoned properties as vacant residential, commercial and
industrial buildings and lots that exhibit one or both of the following traits:
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The site poses a threat to public safety (meeting the definition of a public nuisance), or
The owners or managers neglect the fundamental duties of property ownership (e.g., they fail to
pay taxes or utility bills, default on mortgages, or carry liens against the property.)
Vacant industrial properties (also known as brownfields) may have particular complications of
redevelopment and clean-up associated with potential contamination on those properties.
What effect do vacant properties have on communities?
Vacant and abandoned properties are prime locations to conduct illegal activities, are vulnerable to arson
and accidental fire, can be irresistible to children, and can be a blight and eyesore to the community. As a
result, both abandoned buildings and vacant lots can pose serious threats to the health, safety, and welfare
of residents and adjacent properties.
Vacant and abandoned properties can also have long-term detrimental impacts on a community’s wellbeing. In addition to immediate safety threats, they can “convey a message of social abandonment and
disorder,”iii which in turn, can lead to a decline in community standards, further abandonment in the
community, and a loss of residential pride. Widespread vacancies in a neighborhood can also depress
property values, provoke disinvestment, and ultimately diminish community wealth.
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* For more information about the Center for Community Progress, visit: www.communityprogress.org
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Working with Vacant Properties: Short-Term Solutions
While the process of addressing vacant and abandoned properties can be lengthy and hindered by legal
issues, there are short-term solutions that the community can take to address the problems that accompany
vacant and abandoned properties. The community must first assess the existing conditions at the
property. Once an assessment is complete, short-term strategies can be implemented.
Assessment
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If there is illegal activity occurring on the property, call the Police Department immediately.
Find out what information the police need to know to make their reports actionable.
If there is not illegal activity occurring on the property, report the nuisance to the municipality’s
complaint line. Keep track of the date of your complaint and any responses from the municipality.
Establish who has the legal authority to address health, safety, and maintenance issues at the property.
Building and health code officials are usually the primary code enforcement authorities. These
officials will need to inspect the property for code violations.
Assess the property’s condition and situation. Many municipalities do not have the necessary
systems in place to track vacant and abandoned properties, so data collection and organization by the
community can be crucial to begin the process to address the property. The following types of
information on the property should be collected and tracked:
o Location: cross streets, property address, neighboring uses, parcel number, council district
o Property type: residential, commercial, industrial, vacant lot
o Ownership: name and address of property owner (one place to start is the tax assessor’s office)
o Description of nuisance situation: general property condition, observed criminal activity, (if
criminals are unknown, record identifying information such as a physical description, vehicle
information, etc.), dates and times of observed activity, community complaints (community
members may not want to be identified, so a form of anonymous complaint collection or
assurances of anonymity may be necessary), number and type of citations already issued
Identify community goals and ideas for the property and potential resources
Short-Term Solutions
Repeated attempts should be made to contact the property’s owner. Ownership information can be found
at the municipality’s tax assessor’s office and may be available online. If the owner cannot be reached or
identified, residents should work with police and city officials when attempting any solution that does not
involve the property owner. Short term solutions focus on making visible impacts on conditions at the
site, improving sight lines into the property, and drawing a critical mass of people to the site to eliminate
criminal activity.
• Community clean-up of vacant lots and property surrounding abandoned structures
o Trash and litter removal
o Trimming of overgrown vegetation to allow for easy surveillance of the property
• Seeding with grass and plantings
• Community gardens (when planting community gardens, residents should be well aware that the
garden may only be a temporary solution)
• Decorative painting or application of images on doors and windows that have been boarded
• Community event, pot-luck or meeting held on or nearby the property after clean-up
• Temporary fencing to prevent illegal activity and access to the site
• Regular municipal maintenance and patrols of the site
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Working with Vacant Properties: Long-Term Solutions
While the appropriate and available tools for working with vacant properties on a long-term basis vary
among municipalities, according to the National Vacant Properties Campaign, many revitalization
initiatives include similar strategies that focus on prevention, abatement, acquisition and reuse. Longterm solutions to vacant and abandoned properties require a coalition of residents, community,
stakeholders and state and local government. In a community where a significant amount of vacant and
abandoned property is an indication of larger decline and disinvestment, this coalition will particularly
benefit from working together to formulate a master plan to address vacant properties.
Property Acquisition
Prior to any redevelopment of a vacant or abandoned property, the organization in charge of the
redevelopment must gain control of the site. In cases where ownership is unclear or owners are reluctant
to sell, the municipality may be able to use eminent domain, foreclosure, or another acquisition tool to
gain control of the site. Different cities have varying appetites for acquiring and then having to maintain,
property, even temporarily. Ultimately, the city may turn the property over to a CDC or another
developer for reuse. Consolidation of a number of smaller properties for redevelopment can also be
beneficial since a larger site may have greater potential for redevelopment.
Reform of Local Ordinances and Laws
A municipality may be hindered by its own inability to successfully enforce local laws and ordinances
that deal with vacant properties. In these communities, long-term solutions to vacant properties may need
to include the reform of state and local laws. Existing laws that have unnecessary restrictions or
limitations can prevent municipalities from taking full advantage of the tools of foreclosure, nuisance
abatement, and the powers of eminent domain. Code enforcement practices may also need to be
strengthened or re-organized. Reform of local ordinances and streamlining of acquisition and disposition
processes can help facilitate the reclamation of vacant and abandoned properties.
In addition to reforming their existing codes, municipalities across the nation have developed creative
solutions to vacant properties such as vacant property registration ordinances. Such ordinances require
property owners to register with the local government if their property is vacant for a certain period of
time and often impose a fee, which increases the longer the property remains vacant. Other cites have
adopted property maintenance codes that establish minimum standards for the ongoing maintenance of
occupied housing. Still others have created a vacant property coordinator position that acts as a liaison
among the various departments, agencies, and property owners, or investigation team devoted specifically
to working on solutions for local vacant properties. Often a combination of these solutions is most
effective.
Creation of a Local Land Bank
An increasingly popular tool is the creation of a local land bank. The local land bank is a governmental
entity that acquires, holds, and manages vacant, abandoned, and tax-delinquent property. The properties
are acquired primarily through tax foreclosure, and then the land bank holds, maintains, disposes of, and
in a few cases develops the properties. Land banks can provide a marketable title to properties previously
encumbered with liens and complicated ownership histories. They also provide localities with a way to
create an inventory and monitor properties, and assemble properties into larger tracts to improve
opportunities for targeted economic development over time.
Each land bank is organized and operates differently and the structure and powers of an entity should be
tailored to meet specific local priorities.
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Prevention Strategies
In addition to working on solutions for currently vacant properties, communities should also be aware of
properties where the potential to become vacant is high, especially in neighborhoods with a large lowincome and/or elderly population. Creating an “early-warning system” can help decision-makers aware of
these, and other factors. Municipalities may be able to prevent vacant properties in such areas by
implementing effective code enforcement and offering community or government-sponsored housing
programs. These may include: housing repair by non-profits; grants for rehab; neighborhood clean-ups
and fix-it/paint-it campaigns; tax-foreclosure prevention programs, and other programs that aim at
stabilizing a neighborhood’s population and housing stock.
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Working with Vacant Properties: Codes and Local Government
Vacant and abandoned properties can attract criminals as prime locations to conduct illegal activities, are
vulnerable to arson and accidental fire, and can be a blight and eyesore to the community. As a result,
both abandoned buildings and vacant lots pose serious threats to the health, safety, and welfare of
surrounding residents and adjacent properties. Most municipalities have laws and enforcement strategies
to address the public safety concerns associated with vacant properties.
Codes Enforcement
In this interest of public safety, state and local governments enact public ordinances that require property
owners to maintain their buildings to defined health and safety standards. Owners of vacant and
abandoned properties are often required to board and secure their structures, post a “no trespassing”
notice, and remove debris and litter to keep the property clean and maintained.
If an owner does not comply with these codes, most municipalities have adopted additional “nuisance”
ordinances that allow them to enter the property to clean vacant lots and board and secure abandoned
buildings. These laws may permit the municipality to collect the costs of clean-up from the owner or
place liens on the property equal to the costs of these actions. Some municipalities have the power to take
over vacant properties if an owner is unresponsive for a particular amount of time. Foreclosure, a
municipality’s tool to acquire the property if the owner has failed to pay taxes or other charges, may also
be an option.
Building and health code officials are usually the primary code enforcement authorities, while
surveillance of at-risk properties is most often a function of the police department. Funding for security
measures and the demolition or rehabilitation of abandoned properties may be provided by the community
development official or department.
Eminent Domain
Under the Fifth Amendment of the U.S. Constitution, government is permitted to appropriate private
property for its own use without the owner's consent, as long as the owner receives just compensation.
The 2005 Supreme Court decision in the “Kelo v New London” case increased scrutiny over the use of
eminent domain for community economic development efforts and many states have reacted by
introducing changes to their legislation regarding accepted use of eminent domain. While state statutes
differ on how it is carried out, using eminent domain to target blighted properties remains a generally
agreed upon use of eminent domain.
Working with the Municipality
In order to find out about your state or municipality’s ordinances regarding vacant and abandoned
properties, check with building, fire, and health departments. There also may be anti-blight ordinances
that are administered by the housing, planning, or community development department. If your
municipality posts their ordinances online, a search for the word “vacant” may be a starting place for this
information.
Numerous municipal departments could be involved at some point in the process of dealing with a vacant
property. These departments include:
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Police and Fire departments
Assessor and Treasurer
Public works
Building and/or health inspector
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Tax collector
Development director
City attorney
Mayor or city manager
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Working with Vacant Properties: Role of the CSI Coordinator
There is potential for the CSI Coordinator to play a vital role in the reclamation of a vacant or abandoned
property. One of the first steps in the process is to research the property’s condition and municipality’s
ability to address vacant property issues.
What You Should Know:
1. Who has Enforcement Authority?
The coordinator should contact the municipality to establish who has the legal authority to address health,
safety, and maintenance issues at the property. Usually, building and health code officials are the primary
code enforcement authorities and these officials should inspect the property for code violations. Police may
also have some authority to ticket or cite owners for property violations.
2. Local Codes
Having a basic understanding about your municipality’s building and health codes may provide additional
insight into the types of activities and conditions on the property. In order to find out about your state’s laws
or municipality’s ordinances regarding vacant and abandoned properties, check with building, fire and health
departments. If your municipality posts their ordinances online, a search for the word “vacant” may be a
starting place for this information.
3. Property and Community Condition
Many municipalities do not have the necessary systems in place to track vacant and abandoned properties, so
data collection and organization can be a crucial step in the process to address the property. Information on a
property’s location, condition, and type, as well as the type of illegal activity occurring, will be needed in
order for the municipality to address conditions at the property. Additionally, if the vacant property is one of
many in the neighborhood, information on other properties and the community condition as a whole will play
a part in developing a solution for the property.
What You Can Do:
1. Notify Enforcement Authorities
The CSI Coordinator should encourage residents and stakeholders to notify the police and/or municipality of
the nuisance caused by the property. Often, police may already know about the problem, but are reluctant or
unable to manage the situation. Coordinators and/or residents should keep a record of the initial contact and
the actions that follow to create a timeline of your involvement. Some nuisance laws have requirements that
the nuisance persist for a specific period of time before the municipality can take action. The CSI
Coordinator and residents should also track property inspections and any citations that result.
2. Gather In-Depth Information
The CSI Coordinator can serve as information collector and organizer for vacant properties in his or her
focus area. Location, condition and property type should be observed and recorded and illegal activity noted
on an ongoing basis. The CSI Coordinator should also research existing community and municipality goals
for the property.
3. Organize Residents
The CSI Coordinator should involve the community in advocating the municipality for nuisance abatement
and identifying community goals for vacant properties. The coordinator should solicit ideas from residents
for short- and long-term uses for the property and work with them to identify potential resources for cleanup, events, and communication materials. Additionally, the CSI Coordinator may act as an organizer for
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community involvement in creating short-term uses that have a visible impact on the site. The formation of a
block group or neighborhood subcommittee specifically to address the property’s issues can be an effective
way to focus neighborhood attention on the property. The Coordinator should also work with residents to tie
visions for the property to overall community goals and plans.
4. Plan with Local Officials and Community Members
To gain political support for your efforts, the CSI Coordinator can organize and encourage residents to notify
local officials of both the tangible and intangible effects of vacant properties. These effects may include:
• Increased criminal activity
• Financial drain on city’s resources and citizen property values
• Increased chance of accidental fire or arson and interior hazards for firefighters in deteriorating buildings
• Psychological effects of crime and deterioration on surrounding residents
Building on his or her existing network of community connections, the CSI Coordinator may function as a
liaison between city departments and the community regarding the status of the property. The process of
addressing vacant and abandoned properties can be lengthy and hindered by legal issues. Regular updates on
the City’s process can reassure community members that improvements, though not necessarily visible, are
underway.
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Working with Vacant Properties: Resources and Further Reading
National Vacant Properties Campaign
The campaign provides local officials, nonprofits, and residents with informational resources, tools, and
assistance to support their vacant property revitalization efforts. The Campaign is a project of Local
Initiatives Support Corporation (LISC), Smart Growth America (SGA), and the Metropolitan Institute at
Virginia Tech.
For more information about the National Vacant Properties Campaign, visit:
http://www.vacantproperties.org/index.html
International City/County Management Association (ICMA)
ICMA is helping communities develop strategies to revitalize vacant and abandoned properties. Designed for
local government professionals to share expertise and shape strategies that address the problems of vacant
properties and community redevelopment, the network provides practical assistance on the financial, legal,
technical, and public safety concerns caused by vacant properties and abandoned buildings.
For more information about ICMA’s work with vacant properties, visit:
http://icma.org/main/topic.asp?tpid=17&stid=93&hsid=1
Community Safety Initiative MetLife Award Winners
A number of CSI and community-police partnerships have established effective strategies to address
problems associated with nuisance and/or vacant properties. The following short- and long-term solutions
were strategies used by winners of the MetLife Foundation’s Community-Police Partnership Award.
For more information about the following strategies, visit: http://www.lisc.org/section/resources/
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In Lincoln, NE, representatives of the Police and Building and Safety departments met with the City
Attorney to redesign organizational and city policies and procedures. Members of each department
attended a cross-training that provided police with in-depth information on city codes, gave the Building
and Safety Department information on property and related crimes, and explained ways to build
successful court cases against negligent owners. Police were also given the power to issue tickets for
property violations. As a result, landlords with long histories of negligence or stubborn nonresponsiveness to authorities faced much shorter response times between their violation and court dates
and increasing fines on each additional ticket.
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In Burlington, VT, the Public Safety Partnership (PSP) formed community Working Groups to focus on
problem properties in a distinct geographic area. While the groups’ membership varied depending on the
makeup of the target neighborhood, all three include a City Code Enforcement Officer, the PSP VISTA
assigned to the area, the Police Lieutenant with responsibility for the neighborhood, and the City's
mediation specialist. Problem sites were referred as a result of complaints from neighbors or multiple
police calls to the same location. The group then worked together to develop a response based on the
nature of the problem and the problem’s perpetrator.
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In Providence, RI, as part of a Weed and Seed partnership, the Police Department created nuisance
complaint forms to encourage more responsiveness from municipal organizations to residents’
complaints. Residents who completed the form gave it directly to the Weed & Seed coordinator who then
contacted the agency charged with fixing the particular problem. By removing the red tape from the
system, these forms enabled faster municipal response and empowered residents.
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In Rochester, NY, a neighborhood association addressed a long-time vacant lot that was plagued with
criminal problems by holding its annual National Night Out picnic on the lot. This event became one of
many signals to local drug dealers that the neighbors were taking their neighborhood back. The
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committee then held a public meeting with a prominent landscape architect and attended by neighbors
and stakeholders. At the meeting, the groups discussed designs for a public piazza on the lot that would
incorporate safety design and disability access. The groups worked together to raise private and public
funding to carry out their proposal.
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In Downtown El Cajon, CA, a local CDC focused on increasing safety by establishing a Safety
Enhancement Committee that met weekly and included police and existing business owners. The CDC
also renewed attention to traffic and building design, incorporating safety measures into local design
requirements. The partnership between police, business and the CDC, combined with renewed attention
to design resulted in increased community safety and attracted business to Downtown’s vacant
storefronts.
Herman Goldstein Award winners from the Center for Problem-Oriented Policing
Additionally, the following winners of the Herman Goldstein Award from the Center for Problem-Oriented
Policing used police problem solving strategies to address crime associated with nuisance and/or vacant
properties. The Goldstein award recognizes outstanding police officers and police agencies that engage in
innovative and effective problem-solving efforts and achieve measurable success in reducing specific crime,
disorder, and public safety problems.
For more information about the following strategies, visit: www.popcenter.org
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In Phoenix, AZ, police addressed problems of litter, graffiti, prostitution, drug dealing and illegal
camping by the homeless on numerous vacant lots. Police partnered with community groups and
neighboring precincts to find solutions to crime that occurred on the lots. The coalition worked to clean
and fence the vacant lots and remove vegetation used to conceal drug dealers and criminals. One vacant
lot became home to a small mobile trailer with Phoenix Police decals on the side as an off-site facility for
officers to do paper work.
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In Miami, FL, a wide range criminal activity appeared to originate from an area of abandoned buildings
and overgrown vacant lots. Law enforcement personnel identified the property owners responsible for
the abandoned and unsafe structures and other violations, notified the appropriate regulatory agencies,
coordinated the inspection process, monitored compliance, and if necessary, initiated the demolition
scenario. Agencies responsible for health, sanitation and environmental quality enforced the various
codes and forced compliance throughout the neighborhood. As part of a long-term strategy, new,
moderately priced single family houses and city-funded recreational facilities replaced the abandoned
buildings and dilapidated multi-family buildings.
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In a Ft. Myers, FL neighborhood, police built partnerships with residents and codes enforcement to
address crime and blight. The strategy involved numerous “code sweeps” by a group of police officers,
code workers, animal control employees, demolition crews and rapid response clean-up crews. Vacant
lots were immediately cleaned up by a city ordinance that allows the city to do the work, but bill the
property owner and dilapidated homes were condemned and demolished. The partnership also involved
the local media, who positively conveyed the goals of the sweeps.
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The Enterprise Foundation: Albany Abandoned Properties Strategy Report, www.enterprisefoundation.org
International City/County Management Association (ICMA) Vacant Property Case Studies:
www.icma.org/vacantproperties
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The Enterprise Foundation Albany Abandoned Properties Strategy Report
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