By Crystal Smitherman
(An Opinion)
Shards of broken glass are laid out in the yard under a long-forgotten bedroom window, like an ancient mosaic walkway that’s inviting to no one. Through the busted window, charred walls catch the shadows from trees overhead as the sunlight spills in from the collapsed roof. Maybe you heard someone rustling around inside. Maybe you didn’t.
All of us in Birmingham live in somewhat close proximity to one of these slow-moving tragedies: abandoned properties left to rot by absentee owners who have seemingly voided their social contracts with neighbors. All that remains is a parting gift of immovable neglect. In a state like Alabama, that’s been favorable to landowners since it was founded, we’ve come to realize this is a problem that resists easy answers.
But I think we’re close.
The Birmingham City Council has just passed an ordinance that would give the City enforcement powers to foreclose on properties with persistent code enforcement liens (like demolition costs or nuisance abatements). We believe this ordinance will put an end to wanton neglect and bring much-needed relief to our neighborhoods.
Very important note: This ordinance only applies to non-owner-occupied properties. No one wants to displace people who are behind on payments, nor is this about criminalizing poor communities. This ordinance is crafted in a way that the judicial process targets the property, not the person.
For those who may not know, I used to work as a closing attorney and saw these abandoned properties transforming overnight into five-ton anchors for families. It’s a compounding issue as they try to navigate their grief and sort out family affairs following a death of a loved one.
A significant portion of the abandoned homes we see are heir properties that people decided were more trouble than they’re worth. As a result, nature reclaims them since no one else will; weather erodes the foundation, vines climb the siding and into the crawl spaces, mold makes itself at home, and before you know it, the roof caves in.
In addition to only targeting non-owner-occupied properties, this ordinance outlines that the City can foreclose if liens remain unpaid for six or more months, and the City can acquire property if no one bids at the sale.
I want people to have a very clear picture of what this will mean. The factors that will trigger the foreclosure process are when a property has demolition costs billed to the owner that go unpaid, liens exceed $1,500, the property is tax-delinquent and/or three nuisance abatements have been filed within a 36-month period.
It’s not a hot-take to say no one really wants to see old homes cave in on themselves and be demolished en masse. This ordinance seeks to protect and revitalize our neighborhoods in a way that we can maintain the character that makes Birmingham a beautiful place to live. Abandoning properties free of consequence is a behavior that we must curb because once these old homes are gone, they’re gone for good.
There’s nothing cookie-cutter about the Magic City – they don’t build homes like they used to — and we’re doing whatever we can to protect the historic charm of our neighborhoods, and breathe life back into them, one forgotten home at a time.
Crystal Smitherman is Birmingham City Councilor for District 6
