Zoning urges swift passage of blighted property bill

A House bill that seeks to require the owners of abandoned, vacant, and blighted properties on Saipan to secure and maintain them has been sitting idle with a Senate committee for nearly two months.

The 24-page House Bill 18-71, titled “Nuisance Abatement and Blighted Property Maintenance Act of 2013,” was acted upon by the Senate in the last week of May but was tabled after several senators raised some concerns. It has been returned to the Senate Committee on Resources, Economic Development, and Programs, chaired by Sen. Francisco Borja (Ind-Tinian).

The Saipan Zoning Office has been urging the Senate to pass the bill. The House of Representatives passed it on Feb. 19, 2014, and transmitted it to the Senate five days later.

HB 18-71 was authored by Rep. Larry Deleon Guerrero (Ind-Saipan), with the help of the Zoning Office to further clarify conditions of such properties, their maintenance, and enforcement procedures. Deleon Guerrero introduced the bill on May 9, 2013.

In an Aug. 26, 2013, letter to Rep. Anthony T. Benavente (Ind-Saipan), chairman of the House Committee on Natural Resources, Zoning Administrator Therese Ogumoro expressed the board and office’s full support of the bill’s intent, together with some proposed revisions.

In a separate letter to Senate President Ralph Torres (R-Saipan) and Borja on June 4, Ogumoro said, “While we had tried to vocally address the concerns raised by your members, we believe that the bill addresses the island of Saipan exclusively, and therefore should be reviewed by the Saipan and Northern Islands Legislative Delegation.”

“We may explore other options such as working with the bill’s author to possibly reintroduce the same bill at the House and refer it to the Saipan delegation,” she said.

Ogumoro said that Zoning has “exhausted all efforts” in following up with the Senate to expedite the bill’s passage.

According to Ogumoro, one concern raised by Sen. Pete Reyes (Ind-Saipan) during the May session was that the bill did not address government buildings and properties that have also been abandoned or not maintained.

Ogumoro explained that the bill includes all properties on Saipan, but that one section was not specific to include the word “government”, which she asked Reyes to include as a floor amendment.

Another concern raised by Sen. Jovita Taimanao (Ind-Rota) was how the money collected from the fines would be used.

Ogumoro had explained that the bill specifically stated that revenue collected from fines will be used to enforce the provisions of the bill.  She clarified to senators that detailed expenses shall be provided to the Legislature annually.

HB 18-71 states that owners who fail to maintain their properties would be subject to a “minimum” of $200 for the first offense. Subsequent offenses will go up to $1,000 per day. It also states that “this fund shall be available for use by the Commonwealth Zoning Office without further appropriation.”

Some senators think the fines are too steep, though.

Ogumoro explained that the bill’s aim is not to make money out of people or businesses but to encourage owners of these properties to be responsible in cleaning their properties to promote a clean, safe, and aesthetically comfortable environment.

Still another issue the Senate raised was that the bill is restrictive on property owners and does not give time to improve the land to avoid paying fines.

Ogumoro said the bill requires a warning notice to be issued to the property owner for 60 days before any penalties are imposed.  “That should be a very reasonable time to make necessary improvements.”

“It is not a perfect bill but with minor changes made on the floor, the lawmakers could have passed it and given it a chance,” Ogumoro told Saipan Tribune.

Ogumoro shared that, since the Zoning law’s inception in 2007, members of the Legislature have been asking the Zoning Office what actions have been taken on abandoned properties and buildings.

“This bill is our ‘action’ and we hope they also act to pass it and move it forward to the governor” she said.

Ogumoro also shared that the bill will address concerns raised during the public outreach meetings held by the Zoning Office where members of the public would also ask about actions taken on the abandoned properties.

“The public has been asking what we are doing about the problems and have raised concerns of their children’s safety around their own neighborhoods, and we had been asking them for their patience as we await passage of a bill from the Senate to address them.  But it’s been months now and still no action yet.” Ogumoro said.

Blighted properties can create an increased risk to the community from unsecured or open doors and windows, broken water pipes, theft of metals and other materials, overgrowth of grass, weeds, shrubs, and bushes, illegal dumping, and rodent and vermin activity.