Kennesaw Considers Blight Tax

JACQUE March 27, 2013 at 04:42 pm

A ceritified Building Inspector following predefined guidlines (building codes) as to the habitability of the of the property will determine if the property falls into the condition considered "blighted". Usually these properties will have already been sighted many times by Code Enforcement with no improvement. The Blight Tax Ordinance is a last ditch way for the City to clean up some of these properties that have not responded to any other type of enforcement and puts some new tools in use to help.

Joe Bozeman March 28, 2013 at 11:44 am

I know of properties owned by the city or under the protection of the Historic Preservation Commission that I consider blighted. I can site one case where the property owner wanted to tear down a dilapapated old structure that in my opinion has no historic significant but the HPC won't let it be demolished, so it will sit there until it falls down. I fear this ordinance will be used to enforce politically correctness in our city.

JACQUE March 28, 2013 at 04:46 pm

I can't honestly say that I know how this ordinance would apply to properties that are under the protection of the HPC. That's a good question and one that I will attempt to find the answer to. I would hope that the oridinance would be applied equally to any property whether it is historical or not but I don't know if that is the case with the Blight Ordinance.

Joe Bozeman March 29, 2013 at 10:43 am

Jacque,
If you want to know the structure I mentioned, let me know. You know who I am and I believe you know how to contact me. At one time, I was part owner of this property but thankfully we sold it before the HPC stepped in. I don't know what the current situation is, but if I still was part owner, the city would be faceing legal action. Joe

JACQUE March 29, 2013 at 02:01 pm

I checked on your question and the Blight Tax Ordinance will apply equally to any property that is determined by a "ceritified building inspector" to be blighted no matter where in the city it might be located.

Joe Bozeman March 29, 2013 at 09:59 pm

Jacque,
I knew that. But anyway thanks. I really don't think you understood what I was trying to say

JACQUE March 30, 2013 at 02:23 am

Perhaps I didn't but let me say that your perception of blight and that which is defined in the ordinance might not be the same that's why a certified building inspector is required and building codes are followed. I am not in favor of destroying buildings that have historical significance. Establishing that historical significance is also open to interpretation by you as well as the HPC and others which can also result in a difference of opinion. Lastly, let me state for the record that I am not a big fan of political correctness. Should you wish to enlighten me further about what you were trying to say please feel free to do so.

Joe Bozeman March 31, 2013 at 01:29 pm

Well, I have spoken with a few city officials about this and plan on speaking to more. It has not been proven to me this will solve much. Two of the properties mentioned to me already have tax leins on them, so what in the world will adding more taxes to them? Also, will this tax be added to occupied residents that have no funds to fix up their properties? The picture that appears in this article is also confusing, I have been in Kennesaw almost all my life and I can't recognize it. I know of many properties that I consider "blighted" in Kennesaw and I know of none that this law would change a thing. Believe me, I want Kennesaw to be beautiful and do my part to keep my families 3 downtown properties something to be proud of.

JACQUE April 1, 2013 at 05:04 am

This Blight ordinance isn't magic. It isn't even a perfect solution. It is just one more tool in the toolbox. People can either stand around and complain or try to work on some meaningful solutions to problems that exist in our communities. You work hard to keep your properties up to the standards that we wish every property owner would and I work hard on the Kennesaw Citizens Advisory Committee to have some input on bringing solutions to the fore that I think will be helpful in solving problems in our community. This committee is looking for new members should you want to join and share your input and opinions there. There are those among us who do nothing on either front but complain incessantly about the problems yet they don't even try to bring solutions to the table. That's part of the reason we have a blight problem in the first place.

Joe Bozeman April 1, 2013 at 10:14 pm

I guess I am a bit old fashioned , but I don't want on the advisory commitee. I believe in private property rights and it's none of my business what others do with theiir property. I honestly believe that there are reasons for these " blighted properties" mostly economic situations . I know when ours are empty of tenants it puts financial strain on us mostly because of taxes and insurance and the last thing I need is for the city to hassle me about the status of the property.

JACQUE April 2, 2013 at 01:48 am

While I agree that the economy has not helped in some of these situations there are others that have nothing to do with the economy. There are absentee landlords that do nothing but collect rent. I have a house 3 doors up the street from me whose owner died 10 years ago and the 3 children who own it have done nothing but let it fall into disrepair and let it sit vacant and open attracting vagrants and who knows what else. I and my neighbors have called code enforcement on a regular basis to complain about it. There are foreclosed properties that are bank owned which have had nothing done to them because the banks don't care in most of the neighborhoods in this city. I too believe in private property rights but when what someone else does with their property effects the value of my property then it becomes my business and that of my neighbors and that of my city government.

Joe Bozeman April 2, 2013 at 12:14 pm

Jacque,
I believe you and I have about worn this one out. While I agree on some of your points, I also think there are enough laws on the books now to correct this problem if code enforcement enforces them. I have be cited by them several times for minor violations like grass not being cut in front of the city hall. Maybe I need to take lessons from "absentee landlords". To sit back and collect rent with no maintenance being done must be quite an art. For me to keep properties occupied, I have been forced to give incentives like free rent upfront and improvements to the property. But still, our big expense is TAXS and insurance. The reasoning of this ordinance reminds me of the gun control issue, why not just enforce what we have? I don't see passing new laws will solve the problem. But, it sounds good, politicians and buricrates can beat their chest and say, "look what we have done". I took a tour of Kennesaw yesterday and found lots of what I would consider "blight", but most of it is in run down subdivisions where I see the entire area crumbling from neglect.

Mrs Lyon April 2, 2013 at 12:36 pm

QUESTION TO ALL: Are you willing to assist your fellow neighbor financially and physically to bring their property up to par with every single code and ordinance?
Think about this logically. Is forcing people to comply to others' standards a win/win? NO. It is very dictatorial, among other things. Ms. Jacque, you state it is your business that a neighbor's property condition will cause a decline to your property. If this is the case, work WITH your neighbor. Get your rear-end and checkbook out there and HELP them. Don't condemn them. This Blight Tax is just another cover for all who want to use it to hide behind it to pass judgement and force others to conform to their way without taking personal responsibility.

Steve April 2, 2013 at 01:02 pm

I'm assuming the Georgia code O.C.G.A. 22-1-1 (2010) is what Kennesaw is looking at using?
Too many characters to post here so here is the link: http://statutes.laws.com/georgia/title-22/chapter-1/22-1-1

JACQUE April 2, 2013 at 04:12 pm

Thank you Joe for your input and candor. Its been a spirited and civil discussion that I've enjoyed very much. And thank you very much for being a property owner who doesn't contribute to the blight problem in our community.

JACQUE April 2, 2013 at 04:30 pm

Mrs. Lyon, for someone who doesn't even know me you have certainly jumped to a lot of conclusions about me. I have mowed my neighbors grass and taken food to their homes when they were in the hospital or ill. I have contributed to Habitat with both money and labor. I have contributed both money and labor to help the tornado victims in Adairsville.
I do a lot of volunteer work in the community with the city, Boy Scouts, Optimists, the church and the Cemetery Foundation and have for years. I will work with any of my neighbors who need help any time they need it. As I said earlier to Joe, this Blight ordinance is a last resort for people who won't clean up their properties and nothing more. It is just one more tool in the toolbox.

Joe Bozeman April 2, 2013 at 04:31 pm

Mrs. Lyon,
Thanks, I have always admired your comments on Patch. Government and more unenforceable laws are not the answer. As I have said, we own three commercial properties in the downtown section and I am very proud of them. 2259 Lewis Street, the home of Cottontail Quilts, has been in my family for around 100 years. 2255 Lewis Street, the home of Traders 22, has been in my family since 1948. My uncle and aunt purchased a run down house at this location and tore it down then built the structure that is there today. 2250 J. O. Stevenson Ave has been in my family since 1965, presently the home of Miss Pris Party Spa. This property was purchased from a "slum lord" so we could control its use. My family has kelp these properties up to standards and will continue to do so and I don't need an advisory commitee or city government telling me what to do.

JACQUE April 2, 2013 at 04:38 pm

Steve, I checked the link and it looks as if this is the emminent domain law which is not quite what the Blight Ordinance is. The Blight Ordinance is modeled after an ordinance used by the city of Griffin which is a last ditch attempt to get owners to clean up their properties. It allows the city to raise their property tax to a level higher than normal by a factor of 7,8 or 9 times. The increase is put into a fund separate from the General Fund and used solely to improve properties. Unlike emminent domain the city does not take ownership of the property but works with the property owner to work out a plan to bring the property up to code at which time the property tax then reverts back to normal.

Joe Bozeman April 2, 2013 at 06:46 pm

Jacque,
You are very welcome and thank you also. I know how concerned you are about the city. You know me as well, and I am a very opinionated person. I distrust government from J. O. Stephenson Ave to Pennsylvania Ave. It is my belief that less government is the best government. However, since our last national election it seems I am in the minority.

Mrs Lyon April 2, 2013 at 09:07 pm

You are most welcome Mr. Bozeman. Your kindness is greatly appreciated.. *smiles*

Mrs Lyon April 2, 2013 at 09:26 pm

Ms. Jacque,
I simply commented on this article and replied directly to what you actually posted. With all due respect, madam, it appears it is you who may be jumping to conclusions. Furthermore, in reply to your post to 'Steve'; I checked the link Steve provided too and the Blight Property description IS used in Georgia Code Title 22-Eminen Domain and there is a very close parallel between Eminent Domain and this proposed Blighted Property Taxation. Once again, think about this logically. If a property owner is fined under Blighted Property and assessed 7 times their property tax, they most likely could not pay it. This in turn could generate a Tax Lien where, say for example-the City, could then pay the lien and take ownership of the property = public ownership.

Steve April 2, 2013 at 09:44 pm

Jacque,
If the link I provided is incorrect, is it possible you you to provide a link to the appropriate information?

JACQUE April 3, 2013 at 12:27 am

http://www.gmanet.com/MDR.aspx?CNID=72899
The above link will take you to the Georgia Municipal Association website where you may open a PDF template of the ordinance used in Griffin, Georgia. This is the same as the one being used to fashion the Blight ordinance for Kennesaw.

JACQUE April 3, 2013 at 12:39 am

Mrs. Lyon
I simply responded to your attack on me that I should get off my rear end and help my neighbors out with money and labor without knowing anything about me personally which made no logical sense. You are correct that the city could use the Blight ordinance to take ownership of property but why would they go to all the trouble of writing new law when they could use the eminent domain law that is already on the books if that were the intention? Again, your argument makes no logical sense! I suggest you check out the following link http://www.gmanet.com/MDR.aspx?CNID=72899.

Mrs Lyon April 5, 2013 at 10:55 pm

Once again Ms. Jacque, simply commented on what you posted. Nothing more, nothing less. (The "attack on me"; thank goodness is a false perception and can be greatly remedied with therapy.)

Mrs Lyon April 6, 2013 at 01:17 am

Ms. Jacque,
Still, only commented on article and what you actually posted. Please stop with all else as there is no personal attack from my end of this. Period.

Steve April 6, 2013 at 12:21 pm

Any ideas as to when a draft of this proposed ordinance will be available for review by the general public? Hopefully the citizens of Kennesaw will have ample time to review, ask questions and provide input before the city puts something in place that may not be needed or wanted.

JACQUE April 7, 2013 at 03:28 am

The next meeting of the Kennesaw Citizens Advisory Committee is April 25, at the City Council chambers if you care to attend. They are giving input on the proposed ordinance as well as other things concerning the citizens of Kennesaw and are looking for new members. The preliminary ordinance should be on the agenda for discussion I think. You could also contact the city manager Steve Kennedy at City Hall and probably get a copy from him.

Joe Bozeman April 8, 2013 at 12:23 pm

Jacque,
I know these are open meetings, but what are the requirements to be on this committee? Do you have to reside within the city limits? Do they accept property owners and taxpayers who do not live in the city but still pay property taxes? This is only a question, I have no desire to be on the commitee.

JACQUE April 8, 2013 at 06:02 pm

The following information is taken directly from the city website:
The purpose of the Kennesaw Citizens Advisory Committee (KCAC) is to evaluate various initiatives, proposals, and programs from a citizen’s perspective and develop recommendations for the Mayor, Council and city staff. The KCAC meets the 4th Thursday of the month at 6:30 pm in the City Hall Council/Court Chambers, but may meet more frequently based on project demands. Participation is strictly voluntary until January of 2013, when members will be appointed by Mayor and Council. Qualifications: members should be residents of Kennesaw or the surrounding neighborhoods. Committee composition is designed to give representation to all population areas of the city.