Vacant building ordinance to be examined by Village Council

The look of downtown Manchester is constantly changing, but some vacant buildings have remained unopened for years.

by Marsha Chartrand

Almost five years ago, in August 2017, the Manchester DDA and Village Council began exploring the idea of an ordinance to regulate unoccupied buildings in the downtown area, some of which had been vacant for several years at the time.

At that time, the village was unable to garner adequate support from businesses to pass an ordinance, although the village had hired a consultant who recommended it as a potential remedy to the ongoing problem.

However, now in 2022, some of those same buildings remain vacant. While many buildings are filled with new businesses, and some businesses have expanded into new locations, filling spaces that previously had been empty, Manchester still has a serious problem with vacant buildings, and owners who do not rent or sell them despite seemingly various opportunities to do so. In addition, some businesses have closed and the buildings remain empty, two or three years later. Business owners and residents alike are now coming to the village administration and DDA asking what can be done.

“When people come to Manchester and are interested in opening a business here, it is discouraging for them to see empty storefronts and yet not be able to contact the building owners,“ said Village President Pat Vailliencourt in 2017. “It’s important to remember that we have put a lot of time, effort, and money into downtown development over the past several years. We want to be sure that this effort is not wasted.

“Unless we as a community continue to develop marketing strategies, and encourage building owners to rent out their vacant properties, we won’t see improvement in our downtown area.“

On July 18, a draft ordinance was presented to Village Council with a notation from Village Manager Michael Sessions that an updated draft would be available by the end of the week. In his weekly message to Council, Sessions attached the updated copy, which will be considered at the next meeting on August 1. The scope of the new ordinance has been expanded to include industrial and residential vacant buildings as well as commercial properties. It encompasses the entire village, not just the downtown.

“(This) has been a long time coming,“ Vailliencourt said. “First, this is a Vacant Building Safety Ordinance. It covers residential, commercial, and industrial buildings. To summarize, the DDA first began looking at this type of ordinance because of concern with the Central Business District buildings that have been vacant for a number of years. We recognized the risks to our entire downtown. We researched several existing ordinances in other communities and received input from Village Council, business owners, and residents. We found a surprising number of communities have ordinances covering vacant buildings and many more are looking at creating them. Some communities actually levy fines that get progressively higher the longer a building is vacant. We decided that this is not the direction we wanted to go. The DDA drafted an ordinance that required a vacant building to be registered and have health and safety inspections.“

The DDA’s draft ordinance was reviewed by the village’s planning consultants and attorney. “Our attorney advised, since all vacant buildings pose a risk, the scope of the ordinance should be expanded to cover all vacant buildings,“ Vailliencourt continued. “After many revisions, we finally have a draft to present to Village Council.“

To quote directly from the draft ordinance, the purpose is, “An ordinance of the Village of Manchester to protect general health, safety, and welfare of persons and property in the village by requiring the registry and maintenance of vacant or abandoned structures in the building by authority granted under P.A. 3 of 1895, as amended.

“The purpose of this chapter is to prevent the deterioration of Village neighborhoods and business districts by regulating vacant abandoned and foreclosed residential, commercial, and industrial properties to ensure that such properties are in compliance with all applicable state law and Village Code.“

It also states if a building is vacant more than 30 days it must be registered, and a health and safety inspection be performed. If it remains vacant, it must be re-registered and inspected every six months. Buildings offered for sale or lease, vacant for 30 days, also fall under this ordinance. The ordinance provides requirements for insurance and both interior and exterior maintenance, and defines inspection, maintenance, and security requirements. It defines requirements to fix any items found to be a violation.

The cost for the registrations and inspections will be at the property owner’s expense. A violation of this chapter is a municipal civil infraction subject to prosecution and penalty under the Village Municipal Civil Infractions Ordinance. First and subsequent violation fines are defined.

“A tremendous amount of work has gone into this ordinance by the DDA, our Village Staff and our attorney,“ Vailliencourt concluded. “Often, we get frustrated that the wheels of government turn so slowly. (But) before any decisions are made, Village Council has a responsibility to ensure that it is legally defensible, it is fair, and not punitive.“

The August 1 meeting will be held in Village Council chambers beginning at 7pm. Public comment on agenda or other items is welcomed at the beginning of each meeting.

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by Marsha Chartrand

Marsha Johnson Chartrand, a founder, writer, and copy editor with the Manchester Mirror, is a 50-year resident of Manchester. She has a long history of volunteer and community involvement.