Bill would keep 'bad neighbors' from getting new permits if fines owed


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  • | 12:00 p.m. October 18, 2016
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Crescimbeni
Crescimbeni
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Look at the list of bills filed at any given period and one would find a slew of land-use bills.

Zoning changes, deviations, permits being issued — it’s part of the everyday work of city departments and City Council members.

Under a bill introduced last week by council Vice President John Crescimbeni, some of the landowners applying for such changes, exceptions and the like would be denied up-front if they aren’t in compliance or owe the city fines related to those properties.

Call it the “bad neighbor” bill.

Crescimbeni said for too long he’s seen both commercial and residential property owners seek changes that would end up financially benefiting them. All the while, they’ve had outstanding nuisance liens, fines and violations on rundown or out-of-compliance properties.

“Unless they’re paid, we should not allow them to reap any benefits from the city,” he said.

It could be as simple as enhancing distance for liquor sales or as comprehensive as complete property rezoning, but Crescimbeni believes the city should not help when “they’ve been a bad neighbor, so to speak.”

The bill spells out that violations create expense for the city and hardship for people who depend on the stability of city operations — and non-compliant property owners disrupt that.

The denial would happen at the application stage and apply to any department that grants permits and licenses.

There are a couple of exceptions. Permits could be issued in certain circumstances to fix deficiencies that resulted in the code violation or fine, but would be limited to that purpose.

The other exception would be if it’s determined that issuing such permits was needed to avoid “imminent peril to life or property” to address an emergency situation.

Mayor Lenny Curry’s administration is still evaluating the bill, according to a spokeswoman.

Crescimbeni said he doesn’t believe the bill will have a big impact on new developers, but instead might be felt more by individuals who redevelop properties.

He said the big question that’s come up in his discussions with various city departments is how to know when a denial is needed.

Different departments issue permits and licenses. One department might not know if another has an outstanding fine or violation, Crescimbeni said.

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