photo and article by Charlie London
The City’s SERVENOLA office will soon be providing a list of volunteer opportunities where you can make a significant difference toward winning the fight against blight. These aren’t cleanup days or media opportunities but real jobs where volunteers can make a difference. Why volunteers? Because the city literally does not have the money to hire more people without raising your taxes.
Click on the graphics below for a larger view
If you live next to a blighted building or an overgrown lot in New Orleans your perception of the fight against blight may not be positive.
But, when you consider that the City of New Orleans’ BlightStat program has received acclaim both nationally and internationally, that may mitigate your frustration a bit.
And, when you consider that Chicago and Philadelphia with tax bases and therefore resources exponentially larger than New Orleans have the same problems curbing blight that may help your mood as well. Chicago, Philadelphia and other cities both large and small are looking to the City of New Orleans in the fight against blight. The City of New Orleans’ perspicacity and initiatives have positioned our city as the clear leader in the fight against blight.
However, if your neighborhood is still suffering from the effects of Hurricane Katrina with blighted housing and overgrown lots in abundance, all those accolades are meaningless. You just want the problem to go away.
I’ve been to all 34 BlightStat meetings since November, 2010 and I can tell you without a shadow of a doubt that the people at the table in these BlightStat meetings are passionate and purposeful in their desire to have New Orleans continue to grow, prosper and be blight-free.
So, what’s the hold up then? Here’s what I have observed:
There does not appear to be any problem getting properties inspected. In fact, the inspectors have all been assigned to specific districts within the city and are even more efficient than before. Inspections are not the problem.
Cases are being adjudicated as fast as they come in but resets and guilty with conditions have slowed the process somewhat. The City is moving toward more straight out guilty judgments which is reasonable considering owners of blighted property have had 7 years to get their act together. The adjudication process is part of the problem because case management has struggled to keep up with the volume of material coming in from inspectors, and older inspections get stale (hence the reinspections).
Miles Granderson and Tyler Gray are highly competent, motivated and passionate lawyers that are dedicated to finding heirs to dead owners and previous owners that won’t pay taxes or do anything with their property. That takes time. You would be amazed at just how much time that takes.
THERE ARE ONLY 2, yes I said 2 lawyers to do the actual research in order to file writs on thousands of cases.
The goal of these 2 dedicated lawyers is to get 65 cases completely researched and ready for adjudication each month. I dare say a highly staffed private firm would have trouble doing the same considering the amount of research and fact checking that is required to produce a writ.
So, what’s the answer you ask? You, my friend are the answer. If you can help enter information or are a paralegal that can volunteer a few hours each week your service would go a long way toward moving our city forward. At 65 cases each month, we’ll all be dead and gone before the thousands of properties that need it get adjudicated.
So, what’s it going to be? Are you going to be that bitter resident that sits around and grumbles that nothing is happening with blight in your neighborhood? Or, are you going to be that person that gets off the sofa and does something about it? I suggest the latter option will make you a much happier citizen.
The City’s SERVENOLA office will soon be providing a list of volunteer opportunities where you can make a significant difference toward winning the fight against blight. These aren’t cleanup days or media opportunities but real jobs where volunteers can make a difference. Why volunteers? Because the city literally does not have the money to hire more people without raising your taxes.
“But, that’s what I pay taxes for”, you say. That’s right. But, the problem is we have a city built for 600,000 people but only have a population of 343,000. Of that 343,000 only a comparatively small percentage pay property taxes. That is the real problem. There just isn’t enough money to make the things you want to happen… happen. I strongly urge you to consider helping the city help you. Call the city’s law department at 658-9800 to find out how you can help the city help you.
Click here to view a PDF of the full presentation of the 34th BlightStat meeting held on May 10, 2012
This was the 34th BlightStat meeting to which the public was invited.
It is clear that enforcement of laws related to blighted properties will be more aggressive in 2012. The Mayor’s directive to have 10,000 blighted properties eradicated in three years remains on track.
BlightStat 35 will be held on June 14, 2012. The meetings are on the 8th floor of City Hall in the Homeland Security Conference Room.
Below are notes from the May 10, 2011 BlightStat meeting:
BlightStat 34 | May 10, 2012
Mr. Oliver Wise, Director of the Office of Performance and Accountability, began the meeting with introductions.
Mr. Justin Kray was first up with a review of “a look across 2011-2012”. A better mix of judgments, hearings and inspections than before the BlightStat process started. Mr. Kray also works in the Office of Performance & Accountability and is the man who has a lot of technical expertise. One of his duties is to prepare the BlightStat presentation which you can click on below.
Ms. Pura Bascos, Director of Code Enforcement/Safety & Permits, reviewed the “Inspections by Type and Result” slide. Of 377 inspections 66 complied.
Ms. Bascos indicated that more owners are bringing their properties into compliance.
Rules for recording the judgment is the result of the Mennonite case.
You can see a summary of the Mennonite case further along in this post.
Mr. Kray indicated the average time between when an inspection is requested and it is completed is 15 days.
Mr. Wise indicated the “Posting of Judgments” was the most important. Currently the average time is 50 days.
Mr. Andy Kopplin, CAO, indicated that once the backlog is eliminated the numbers will become more positive.
Mr. Kopplin indicated that the graphs show steady work but could be misleading to those that believe faster is better. There are conditions and requirements that have time limitations. Departments are currently working at maximum capacity.
Accela continues to be a thorn in the side of progress. The City is currently working to change the computer system to one that better serves its purpose.
Ms. Bascos indicated that inspection sweeps are becoming unnecessary because inspectors have been assigned to specific districts.
Mr. Hillarie Carrere noted that large apartment complexes may have 300 units but the complex is counted as one.
Ms. Bascos indicated that inspections have been done in every neighborhood in New Orleans.
Mr. Kopplin inquired about files that don’t meet the standards for noticing etc., the files then go back and go through the process again.
This is being done.
Ms. Kristin Illarmo indicated that one month a lot of research is done then the next month a bunch of hearings are done. So the graph will go way up and down. To get a better flow, work has been reassigned so that steady improvement is the result.
Mr. Wise inquired about a large spike on the graph. Ms. Illarmo indicated that was when a huge backlog was eliminated but that it was not a number that could be sustained because of the amount of research required on each property.
One team will do research while the other does hearings to keep the workflow consistent. Ms. Illarmo indicated that they are required to go to the notarial archives to research properties as part of the process. This takes time. Real Estate records are on the 5th floor of City Hall.
Ms. Denise Ross indicated that the real estate records need to be digitized. Currently the records are only available to the public and city employees for two hours each day. Mr. Kopplin indicated that it is a priority that city employees be allowed to research properties more than two hours each day.
Ms. Illarmo indicated the inspectors and case managers are working together and getting better results.
Mr. Kopplin congratulated the inspectors for getting re-inspections done more timely.
Mr. Wise indicated that due to a problem with Accela, inspections were done but were not necessarily entered into the workflow process. The Accela system will be replaced eventually.
Mr. Kopplin indicated that if lack of resources is a barrier to progress then Ms. Illarmo and he should discuss. Apparently that is a problem along with Accela not showing cases in the system properly. Ms. Illarmo indicated she currently has two vacancies in her department. Mr. Kopplin indicated, “let’s get it done”.
Mr. Kray gave praise to Ms. Illarmo for her diligent work. She provides a lot of data to the Office of Performance and Accountability which makes the tracking of data and the production of graphs possible.
Mr. Carrere indicated that strategic demolitions will be down due to noticing and other issues. Ms. Bascos indicated many of the strategic demos are being pushed to Sheriff Sale.
Ms. Kopplin indicated that lack of a clear owner obstructs the process in many cases and can add as much as 6 months to the life of the case. If no one buys it once it gets to the Sheriff Sale then it goes to a Sheriff Sale again. Each property going to Sheriff Sale costs the city 1,500 dollars.
Post-judgment Supervisor Review is the part of the process where it is determined whether a property will be demolished or go to Sheriff Sale as is.
Ms. Brenda Breaux indicated that a data sharing agreement is in the works which will help move things along.
Mr. Kopplin indicated that a request to FEMA has been made to get more Katrina-damaged properties into the demolition pipeline.
FEMA rep – funding ends for the demo program ends June 30th. An extension has been applied for.
INAP contracts expired in mid-March. Ms. Bascos indicated that other resources are being investigated. Paperwork for new contracts to get lots cut have been submitted. Ms. Bascos indicated that she is requesting a pool of contractors to eliminate the problem of one contractor having broken equipment and being unable to complete the project.
Mr. Kopplin stressed the importance of getting the lots cut in the 9th Ward. Ms. Bascos indicated she is the one responsible. Mr. Kopplin indicated he would like to continue the process of getting local people to cut the lots.
Mike of NORA indicated demolishing multi-family units is a problem.
The city has identified 300 slabs from the land trust that will be removed said Mike….
Mr. Miles Granderson reviewed the foreclosure proceedings slide. He indicated that Accela is also a barrier to progress for the foreclosure process. The Accela system will eventually be replaced.
Mr. Granderson indicated that “noticing issues” prevented 8 cases from moving forward. The original goal was 1,000 cases per year but has been reduced to 750 because Mr. Granderson and Mr. Gray are the only two lawyers researching properties and “noticing” owners.
Civilsherrif.com has the Sheriff Sales listed.
Mr. Granderson indicated that proceeds from sales were down because there were no large sale days in April.
Mr. David Lessinger of NORA discussed property inventory disposition. NORA is taking on a bigger role in getting properties transferred.
Mr. Brian Lawlor, Director of the Office of Community Development, indicted the Supernova process is up and running. Rent-to-own program has training for potential home owners. Banks have been responsive to the process.
A few interesting points from BlightStat 33 are below:
Ms. Pura Bascos and Ms. Kristin Illarmo both noted that the city is allowing fewer conditional guilty judgements at the blight adjudication hearings. This is a clear message to blighted property owners that the city has given them plenty of time to get their act together. After 7 years, the city like its residents, is tired of the excuses. Fix your property or sell your property. Don’t like those options? Then the city will take action to protect their interests.
The Law Department appears to be efficient and diligent in their fight against blight. But, with only 2 lawyers to get cases ready for blight court, the situation could be compared to 2 knights swinging swords at the bottom of a well. They may eventually get to the top but it’s going to take a long long time.
Ms. Breaux mentioned that there are only 2 lawyers working on filing writs for code lien foreclosure process (Mr. Tyler Gray & Mr. Miles Granderson).The New Orleans Bar Association has been contacted for lawyers willing to perform pro bono work. Big law firms have been contacted to see if they would be willing to provide a paralegal to help. The Board of Ethics approved the city’s request to ask the public for help. Ms. Brenda Breaux plainly stated that the 2 lawyers working on research are simply overloaded with cases to work on.
Mr. David Lessinger with NORA indicated that a steady consistent stream of information is the goal.
Mr. Jeff Hebert, Director of NORA, indicated that “noticing” issues are the biggest problem nationwide. “Noticing” means notifying the owners or heir of owners that the city is about to take action on their property.
Mr. Wise noted that when the lawyers refer to the “mennonite case” they are referring to Mennonite Board of Missions vs. Adams. A summary of that case is below:
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Summary of Mennonite Board of Missions v. Adams,
462 U.S. 791 (1983).
Facts
Alfred Jean Moore had executed a mortgage in favor of the Mennonite Board of Missions (P) to secure an obligation. Moore had purchased land from the Mennonite Board of Missions and was responsible for paying taxes. The Board was not aware that Moore had failed to pay taxes. The county moved to sell the property for lack of tax payment.
The county provided proper service according to state law. Notice was posted in the courthouse, the state published an announcement, and sent Moore a certified letter. The Board was not otherwise informed of the county’s efforts to sell the property. The land was later sold to Adams (D). Neither Moore nor the Board attended the sale. Moore continued to pay her obligation to the Board which remained unaware that the land had been sold.
Procedural History
Adams filed for quiet title and summary judgment. The Board contended that it still held title to the land because the tax sale was invalid due to inadequate service of process. The trial court found in favor of Adams and upheld the tax sale statute against the service challenge. Judgment in favor of Adams was affirmed on appeal to the court of appeals and the Supreme Court granted certiorari.
Issue
Is notice by publication and posting sufficient to provide a mortgagee of real property with adequate notice of a proceeding to sell the mortgaged property for nonpayment of taxes?
Holding and Rule (Marshall)
No. A mortgagee whose mortgage would be divested by a tax sale is entitled to personal service of notice of sale by virtue of the Due Process Clause of the Fourteenth Amendment.
The constitution demands that a party receive notice through mail or other means that will ensure actual notice of a proceeding which will adversely affect the interests of any party, provided it is reasonably possible to ascertain the party’s name and address.
The Supreme Court in Mullane v. Central Hanover Bank & Trust Co. held that due process demands that notice must be reasonably calculated to inform interested parties of the pendency of the action and afford an opportunity to present their objections. A mortgagee has a protected property interest and is entitled to notice that is reasonably calculated to apprise of a pending tax sale.
Unless a mortgagee is not reasonably identifiable constructive notice alone is not sufficient. Constructive notice is primarily designed to attract prospective buyers and is unlikely to reach those who do not make special efforts to seek tax sales. Notice to a the property owner who is not in privity with creditors and who has failed to retain the property cannot be surmised provide actual notice to the mortgagee. The use of less reliable forms of notice is not sufficient when an inexpensive and efficient means such as mail is available.
Disposition
Judgment reversed.
Dissent (O’Connor)
Process needs to be tailored to a given situation and circumstances. With the majority holding in this case, the court has set a low-bar standard for process. Notice by mail or other means to establish certain notice is a now a minimum constitutional requirement for any legally protected property interest.
The majority is rejecting earlier cases in which this Court acknowledged the impossibility of establishing a rigid formula as to the kind of notice that must be given, and that “notice will vary with the circumstances and conditions”. Policy considerations of the state override those of process. Due process does not require that the State save a party from its own lack of care when it has acted unreasonably in failing to protect its interests.
***
Mr. Kopplin noted that Chicago and Philadelphia also have significant blight problems. They are much bigger cities but are looking to New Orleans for clues on how to fight blight.
Mr. Lessinger further stated that the largest number of properties are disposed of through the lot-next-door program. The Louisiana Land Trust is working with the New Orleans Redevelopment Authority to get properties closed out.
Mr. Brian Lawlor (Office of Community Development) said that an announcement will be made soon about the availability of 7 or 8 million dollars for rehabilitation and renewal of rental properties. The soft-second program is very successful. Mr. Lawler said to look for an announcement about the “SUPERNOVA” program soon.
Mr. Kopplin said the overall goal is to get people to do what they are supposed to do.
Mr. Hebert answered my question about Federal Government involvement (other that FEMA). He indicated that the Federal department of Housing and Urban Development has helped fund the blight eradication process and that the Justice Department is here helping because blight contributes to crime.
You can review reports on all of the previous BlightStat Meetings in the links below:
Blight Sweep in 9th Ward: https://fsjna.org/2010/11/blighted-beginnings/
BLIGHTSTAT ONE: https://fsjna.org/2010/11/bi-weekly-blight-business/
BLIGHTSTAT TWO:https://fsjna.org/2010/11/keeping-our-eyes-on-the-prize/
BLIGHTSTAT THREE: https://fsjna.org/2010/12/what-gets-measured-gets-managed/
BLIGHTSTAT FOUR: https://fsjna.org/2010/12/blight-busting/
2010 Year End Update: https://fsjna.org/2010/12/year-end-update-from-the-landrieu-administration/
BLIGHTSTAT FIVE: https://fsjna.org/2011/01/the-5th-dimension-of-blight/
BLIGHTSTAT SIX: https://fsjna.org/2011/01/a-sixth-sense-for-blight/
BLIGHTSTAT SEVEN: https://fsjna.org/2011/02/the-7-heavens-of-blight/
BLIGHTSTAT EIGHT: https://fsjna.org/2011/02/8-by-ya-mommas/
BLIGHTSTAT NINE: https://fsjna.org/2011/03/blightstat-9/
BLIGHTSTAT TEN: https://fsjna.org/2011/03/blightstat-10/
BLIGHTSTAT ELEVEN: https://fsjna.org/2011/04/blightstat-11/
BLIGHTSTAT TWELVE: https://fsjna.org/2011/04/blightstat-12/
Mayor’s State of the City Address: https://fsjna.org/2011/04/one-city-that-shares-one-fate/
BLIGHTSTAT THIRTEEN: https://fsjna.org/2011/05/blightstat-13/
BLIGHTSTAT FOURTEEN: https://fsjna.org/2011/05/blightstat-14/
BLIGHTSTAT FIFTEEN: https://fsjna.org/2011/06/blightstat-15/
CITY GETS REPORT CARD: https://fsjna.org/2011/06/city-gets-report-card/
BLIGHTSTAT SIXTEEN: https://fsjna.org/2011/06/blightstat-16/
BLIGHTSTAT SEVENTEEN: https://fsjna.org/2011/06/blightstat-17/
BLIGHTSTAT EIGHTEEN: https://fsjna.org/2011/07/blightstat-18
BLIGHTSTAT NINETEEN: https://fsjna.org/2011/07/blightstat-19/
BLIGHTSTAT TWENTY: https://fsjna.org/2011/08/blightstat-20/
BLIGHTSTAT TWENTY-ONE: https://fsjna.org/2011/08/blightstat-turns-21/
BLIGHTSTAT TWENTY-TWO: https://fsjna.org/2011/09/blightstat-22/
BLIGHTSTAT TWENTY-THREE: https://fsjna.org/2011/09/blightstat-23/
FIGHT BLIGHT RIGHT: https://fsjna.org/2011/09/fight-blight-right/
BLIGHTSTAT TWENTY-FOUR: https://fsjna.org/2011/10/blightstat-24/
CITIZENS PARTICIPATE: https://fsjna.org/2011/10/citizens-participate-in-new-orleans/
BLIGHTSTAT TWENTY-FIVE: https://fsjna.org/2011/10/blightstat-25/
BLIGHTSTAT TWENTY-SIX: https://fsjna.org/2011/11/blightstat-turns-one
BLIGHTSTAT TWENTY-SEVEN: https://fsjna.org/2011/11/27-meetings-about-blight/
BLIGHTSTAT TWENTY-EIGHT: https://fsjna.org/2011/12/blightstat-28/
BLIGHTSTAT TWENTY-NINE: https://fsjna.org/2011/12/blightstat-moving-to-monthly-meetings/
BLIGHTSTAT THIRTY: https://fsjna.org/2012/01/armageddon-has-arrived-for-blighted-property-owners/
BLIGHTSTAT 31:https://fsjna.org/2012/02/31-flavors-of-blight/
BLIGHTSTAT 32:https://fsjna.org/2012/03/blightstat-32-for-you/
BLIGHTSTAT 33:https://fsjna.org/2012/04/blightstat-33/
BLIGHTSTAT 34:https://fsjna.org/2012/05/blightstat-34/