There are a number of structures within the City of Billings that have been boarded up for long periods.  These boarded up structures are eyesores, devalue adjoining properties, pose a health and safety hazard and contribute to the destabilization of a neighborhood.  In most cases, the structures are abandoned but the taxes continue to be paid on the property.  The structures themselves are usually not maintained although the surrounding property may be maintained to the minimum standards established by city code.  This condition results from a lack of regulations requiring boarded up structures to meet minimum standards.  Existing code, such as the nuisance vegetation, junk vehicle and open storage ordinances address the appearance of the property.   The City's nuisance ordinance (18-300, BMCC) requires dangerous structures to be secured or boarded up, but there is nothing that specifies when the boards must be removed.  Consequently, many of the dangerous structures that have been abandoned and boarded up, remain so indefinitely. 

Marion Dozier, past president of the South Side Neighborhood Task Force, recognized this problem which exists in most City neighborhoods.  Ms. Dozier, with the assistance from the other Neighborhood Task Forces, mapped and photographed existing boarded up structures.  Based on this evidence, the Planning Division staff prepare a draft ordinance that: 1) defines the terms "abandoned structure" and "boarded up"; 2) establishes standards and a time limit for boarding up a structure; and 3) establishes penalties and a method for enforcement.

Planning Division staff initially considered drafting a "minimum standards" ordinance which addresses the functionality and appearance of both the inside and outside of the structure.  We discovered that the state of Montana has not adopted the International Property Maintenance Code which precludes the City from doing so.  Staff did draft a "Neighborhood Preservation" ordinance that address the condition of outside building features such as porches, stoops and railings, in addition to fences, yards and outbuildings.  This ordinance was not acceptable to the Neighborhood Task Forces because it was too comprehensive.  The Task Forces wanted an ordinance that dealt with chronically boarded up structures only.  The City Council may approve, deny or modify the proposed Boarded Up Structures Ordinance on first reading.  If the ordinance is approved or modified, a second reading will be held on September 24. 

If approved, the Boarded Up Structures Ordinance may help preserve or increase property values in neighborhoods that contain structures that have been boarded up for long periods of time.

An article in the Billings Gazette dated July 31, 2011, chronicled the negative impacts to a neighborhood resulting from the presence of a boarded up structure.  The story described the ordeal adjacent land owners experience when living next to an abandoned and vacant structure.  The negative effects range from mere eyesores to significant loss of property value.  Some residents described transients living in the houses and kids vandalizing the property.  Other stories describe the inability to sell their house.  Many of these structures have been abandoned and boarded up for years.  The house at 423 Miles Avenue, partially destroyed by a fire, has a hand painted sign documenting the date the event; Nov. 28, 1977. 

The City has existing ordinances that regulate other nuisance or decayed property conditions including restrictions on parking and open storage, nuisance weeds, street, alley and sidewalk maintenance, dumping, and junk vehicles.  The Nuisance ordinance, 18-300, BMCC, prohibits unsecured dangerous structures.  The remedy for an unsecured dangerous structure is to board it up.  This is how many of our boarded up structures started.  Unfortunately, there is no time limit set on how long these structures can remain boarded.  The proposed ordinance sets both a time limit, 180 days, and standards for boarding.  Before 180 days have passed, the boards must be replaced with tight-fitting windows and/or doors.

The proposed ordinance requires the house to be vacant, abandoned and boarded up.  An abandoned structure is defined as one that has remained unoccupied and at least one utility - gas, electricity or water, having been discontinued for at least 180 days.  This definition will eliminate situations where a window or door may be temporarily boarded up in an occupied structure.  The ordinance also describes the type of material used in the boarding and how to affix the boards to the structure.  Property owners in violation of this ordinance can be cited with a municipal infraction and be required to remedy the violation.

No public input has been received prior to the Council holding its public hearing.  The Neighborhood Task Force chairs have been notified of this hearing and action before the Council.

The 2008 City-County Growth Policy recognizes that stable neighborhoods contribute to the economic prosperity of the City.  This ordinance addresses the economic development goal of preserving neighborhood character and quality of life  listed in the Growth Policy.