Lubbock wants to act faster against abandoned properties that sometimes violate city codes and attract squatters, Jarrett Atkinson, city manager, said.
Mayor Mark McBrayer asked Atkinson to add the issue to the city’s list of requests for state lawmakers. State Representative Carl Tepper said he’s happy to help but he’s not sure state law is the problem.
“I’m specifically thinking of 66th Street near Avenue P and the conditions that are out there. If you’ve driven there, you notice that many of those houses are boarded up. People are squatting in them,” McBrayer said in Tuesday’s City Council meeting.
The city has a good process to enforce local ordinances, said Stuart Walker, code administration director. However, it can take a while.
“We did a demolition of a house that I’ve been aware of for 28 years in Lakeridge this year,” Walker said.
We asked Walker if that’s unusual.
“This type of case is quite normal,” Walker answered.
He described what sometimes happens with an abandoned house.
“They’ll go over there and board it up or secure it. Or they’ll clean the yard. But … they have a vacant house. If they don’t check it every day vandals get into it or homeless people get into it,” Walker said.
The homeowner patches it up, and the city process starts over.
Current state law
State law (Local Government Code Chapter 214) allows a city to regulate houses or structures that are “dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare.”
The city must “make a diligent effort” to find the property owner and figure out who might have a protected interest (like a lienholder). In some cases, a city can demand changes within 30 days. In other cases, the owner might be allowed to submit a plan and a schedule.
Tying the city’s hands
Atkinson told LubbockLights.com, “To me, it’s a timeliness question.”
“We’re protecting the private property rights of a substandard structure – and we’re not protecting the private property rights of those that are enduring those conditions for an extended period of time,” Atkinson said.
McBrayer said in the council meeting, “A lot of people don’t understand that our hands are tied on how we deal with private property.”
The process eventually works, Atkinson said. He’d like it to be quicker.
Walker said, “We can’t do anything to the property such as secure it, board it up or anything like that until we go before the judge. … Typically, we take five to 10 to court every month.”
There might be 40 to 50 active cases at any given time, Walker said.
The city recently took action on the former Highland Hospital location at 2424 50th Street.
“We got an order from the court that will allow us to go and board up the windows and the doors,” Walker said.
The city will also take bids to demolish the building, Walker said.
“I know 1515 34th we demolished this year,” Walker said.
“The commercial structures – those can get real pricey due to the siloed structure as well as any kind of remediation we have to do – asbestos in particular,” Walker said.
Walker said the city can attach a lien to the property in an effort to recover the cost.
This year’s budget set aside more than $500,000 for special services – which includes demolition.
“We generally demolish 15 or 20 houses and commercial structures a year,” Walker said.
Recent attention on 2424 50th
The former Highland Hospital location was the subject of recent online attention.
In response, a statement from Covenant Health said, “We are aware of the concerns and media reports regarding the building at 2424 50th Street. The building being referenced is not owned by Covenant Health.”
Tax records showed the owner as a company in Albuquerque. Lubbock Lights found a phone number for the company, but it was disconnected.
Asking for help from lawmakers
McBrayer said, “I’ve asked for … some legislation that would allow us a quicker process for coming to a judicial conclusion.”
LubbockLights.com reached out to State Representative Carl Tepper.
“I’m with them, and I’m happy to help,” Tepper said. “I’m happy to put our heads together and try to write out some legislation that would allow us to move quickly in a short timeline.”
“I’d rather people just bring up their own property. Mow your lawn. Get the crap out of the front. Paint the wall. Fix the windows,” Tepper said.
Tepper is not totally convinced state law is the problem. In the past, some cities have not wanted the authority to take control of a property, according to Tepper. Cost was the reason.
“I still think a big part of it is code enforcement. I think they need to be quicker, more aggressive, and not let these problems languish for so long,” Tepper said.
